Vol. 78 Thursday, No. 119 June 20, 2013

Pages 37101–37436

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 78, No. 119

Thursday, June 20, 2013

Agricultural Marketing Service Drug Enforcement Administration PROPOSED RULES NOTICES Sweet Onions Grown in the Walla Walla Valley of Aggregate Production Quotas for Schedule I and II Southeast WA and Northeast OR: Controlled Substances, etc., 37237–37241 Continuance Referendum, 37150 Manufacturers of Controlled Substances; Applications: NOTICES Noramco, Inc., 37241–37242 Meetings: Plant Variety Protection Board, 37200 Requests for Nominations: Energy Department Peanut Standards Board, 37200–37201 See Federal Energy Regulatory Commission

Agriculture Department Environmental Protection Agency See Agricultural Marketing Service See Animal and Plant Health Inspection Service RULES See Food Safety and Inspection Service Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, California; San Diego Air Pollution Control District; Submissions, and Approvals, 37199 Revisions, 37130–37132 Revised Format for Materials Being Incorporated by Animal and Plant Health Inspection Service Reference for Florida; Approval of Recodification of NOTICES the Florida Administrative Code; Correcting Determinations of Nonregulated Status: Amendments, 37132–37133 Pioneer Hi-Bred International, Inc.; Maize Genetically Implementation Plans; Approvals and Promulgations: Engineered for Herbicide and Insect Resistance, Charlotte, Raleigh/Durham and Winston-Salem Carbon 37201–37202 Monoxide Limited Maintenance Plan, 37118–37122 Kansas; 1997 and 2006 Fine Particulate Matter National Arts and Humanities, National Foundation Ambient Air Quality Standards, 37126–37129 See National Foundation on the Arts and the Humanities New York, 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter Standards, 37122–37124 Centers for Disease Control and Prevention Oregon; Heat Smart Program and Enforcement NOTICES Procedures, 37124–37126 Agency Information Collection Activities; Proposals, National Emission Standards for Hazardous Air Pollutants Submissions, and Approvals, 37224–37226 From Petroleum Refineries, 37133–37148 PROPOSED RULES Children and Families Administration Air Emissions Reporting Requirements: NOTICES Lead (Pb) Reporting Threshold and Clarifications to Agency Information Collection Activities; Proposals, Technical Reporting Details, 37164–37176 Submissions, and Approvals, 37226–37227 Community Right-to-Know Toxic Chemical Release Awards of Single-Source Expansion Supplement Grants: Reporting: Eight Personal Responsibility Education Program Addition of Nonylphenol Category, 37176–37186 Innovative Strategies Grantees, 37227–37228 State Implementation Plans; Approvals and Promulgations: California; San Diego Air Pollution Control District; Coast Guard Revisions, 37176 RULES NOTICES Safety Zones: Agency Information Collection Activities; Proposals, Fourth of July Fireworks Displays Within the Captain of Submissions, and Approvals, 37218–37219 the Port Charleston Zone, SC, 37115–37118 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commerce Department Mobile Air Conditioner Retrofitting Program, 37220– See Foreign-Trade Zones Board 37221 See Industry and Security Bureau RadNet, 37219–37220 See International Trade Administration Tolerance Petitions for Pesticides on Food/Feed Crops See National Oceanic and Atmospheric Administration and New Inert Ingredients, 37221–37222 See Patent and Trademark Office Settlements: Columbia Organic Chemical Co. Site, Columbia, Richland Community Development Financial Institutions Fund County, SC, 37222 NOTICES CDFI Bond Guarantee Program; Correction, 37277 Executive Office of the President Defense Department See Management and Budget Office See Navy Department See Presidential Documents

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Farm Credit Administration Federal Motor Carrier Safety Administration RULES NOTICES Funding and Fiscal Affairs, Loan Policies and Operations, Qualification of Drivers; Exemption Applications: and Funding Operations; Liquidity and Funding; Diabetes Mellitus, 37272–37274 Effective Date, 37101 Vision, 37270–37271, 37274–37276 Federal Reserve System Federal Aviation Administration NOTICES RULES Changes in Bank Control: Amendments of VOR Federal Airways V–55 and V–169: Acquisitions of Shares of a Bank or Bank Holding Eastern North Dakota, 37103–37104 Company, 37222 Establishments of Area Navigation (RNAV) Routes: Formations of, Acquisitions by, and Mergers of Bank Washington, DC, 37104–37105 Holding Companies, 37222–37223 Modifications of Federal Airways: VOR V–537, GA, 37105–37106 Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Airworthiness Directives: Endangered and Threatened Wildlife and Plants: Agusta S.p.A. (Type Certificate Currently Held by Designation of Critical Habitat for the New Mexico AgustaWestland S.p.A) (Agusta) Helicopters, 37162– Meadow Jumping Mouse, 37328–37363 37164 Listing Determination for the New Mexico Meadow Bell Helicopter Textron Canada (Bell) Model Helicopters, Jumping Mouse, 37363–37369 37158–37160 Bell Helicopter Textron Canada Limited (Bell) Food and Drug Administration Helicopters, 37152–37154 NOTICES Eurocopter Deutschland GmbH (ECD) Helicopters, 37150– Cooperative Agreement To Support the Western Center for 37152 Food Safety, 37228–37230 Eurocopter France Helicopters, 37154–37158 Guidance for Industry; Availability: Sikorsky Aircraft Corporation (Sikorsky) Model Abbreviated New Drug Applications: Stability Testing of Helicopters, 37160–37162 Drug Substances and Products, 37231–37232 Product-Specific Bioequivalence Recommendations, Federal Election Commission 37230–37231 NOTICES Meetings; Sunshine Act, 37222 Food Safety and Inspection Service NOTICES Meetings: Federal Energy Regulatory Commission Codex Alimentarius Commission; Codex Committee on NOTICES Residues of Veterinary Drugs in Food, 37202–37203 Applications and Environmental Site Reviews: Parker Knoll Hydro, LLC, 37210–37211 Foreign-Trade Zones Board Applications: NOTICES Portland General Electric Co., 37212–37213 Applications for Subzones: Southern Union Co., d/b/a Missouri Gas Energy, and Talbots Import, LLC, Foreign-Trade Zone 28, New Laclede Gas Co., 37213–37214 Bedford, MA, 37203 Union Electric Co. (Ameren Missouri), 37211–37212 Authorizations of Production Activities: Commission Staff Attendance, 37214 TTI, Inc. (Electromechanical and Circuit Protection Environmental Assessment Statements; Availability, etc.: Devices Production/Kitting), Subzone 196A, Fort Transcontinental Gas Pipe Line Co., LLC; Proposed Worth, TX, 37203 Virginia Southside Expansion Project, 37214–37215 Environmental Assessments; Availability, etc.: Health and Human Services Department Tallgrass Interstate Gas Transmission, LLC; Proposed See Centers for Disease Control and Prevention Pony Express Pipeline Conversion Project, 37215– See Children and Families Administration 37216 See Food and Drug Administration Environmental Impact Statements; Availability, etc.: See National Institutes of Health Sabine River Authority of Texas and Sabine River NOTICES Authority, State of Louisiana; Toledo Bend Agency Information Collection Activities; Proposals, Hydroelectric Project, 37216–37217 Submissions, and Approvals, 37223–37224 Filings: KPC Pipeline, LLC, 37217 Homeland Security Department Preliminary Permit Applications: See Coast Guard Ted P. Sorenson, 37217–37218 Housing and Urban Development Department Requests Under Blanket Authorizations: RULES Tennessee Gas Pipeline Co., LLC, 37218 Supportive Housing for the Elderly and Persons With Disabilities Programs, 37106–37114 Federal Housing Finance Agency RULES Indian Affairs Bureau Rules of Practice and Procedure: PROPOSED RULES Enterprise and Federal Home Loan Bank Housing Goals Land Acquisitions: Related Enforcement Amendment, 37101–37103 Appeals of Land Acquisition Decisions; Correction, 37164

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Industry and Security Bureau National Indian Gaming Commission RULES RULES Wassenaar Arrangement 2012 Plenary Agreements Self-Regulation of Class II Gaming, 37114–37115 Implementation: Control List, Definitions, and Reports, 37372–37395 National Institutes of Health NOTICES Interior Department Meetings: See Fish and Wildlife Service Eunice Kennedy Shriver National Institute of Child See Indian Affairs Bureau Health and Human Development, 37232–37233 See Land Management Bureau National Heart, Lung, and Blood Institute, 37233 See National Indian Gaming Commission National Institute on Aging, 37232 See National Park Service Prospective Grants of Exclusive Licenses: Development of Fenoterol and Fenoterol Analogues, etc., Internal Revenue Service 37234 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals, 37277–37278 RULES Fisheries of the Caribbean, Gulf of Mexico, and South International Trade Administration Atlantic: NOTICES 2013 Commercial Accountability Measure and Closure for Antidumping Duty Investigations; Results, Extensions, Gulf of Mexico Greater Amberjack, 37148–37149 Amendments, etc.: PROPOSED RULES Silica Bricks and Shapes From the People’s Republic of Plan for Periodic Review of Regulations, 37186–37198 China, 37203–37205 NOTICES Antidumping Duty New Shipper Reviews: Applications for Exempted Fishing Permits: Freshwater Crawfish Tail Meat From the People’s Northeast Fisheries Science Center, 37209 Republic of China, 37205–37206 Reef Fish Fishery of Puerto Rico and U.S. Virgin Islands; Applications for Duty-Free Entry of Scientific Instruments, Fisheries of the Caribbean, Gulf of Mexico, and 37206–37207 South Atlantic, 37208 Takes of Marine Mammals Incidental to Specified International Trade Commission Activities: NOTICES Marine Seismic Survey in the Beaufort Sea, AK, 37209 Investigations; Terminations, Modifications and Rulings,etc.: National Park Service Prestressed Concrete Steel Rail Tie Wire From China, NOTICES Mexico, and Thailand, 37236 Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 37237 Submissions, and Approvals: Special Park Use Applications, 37235–37236 Justice Department See Drug Enforcement Administration National Science Foundation See Justice Programs Office NOTICES Meetings: Justice Programs Office Proposal Review Panel for Ocean Sciences, 37244 NOTICES Meetings; Sunshine Act, 37244 Draft Reports and Recommendations: Research Committee of the Scientific Working Group on Navy Department Medicolegal Death Investigation, 37242 NOTICES Partially Exclusive Patent Licenses: Land Management Bureau Jinga-hi, Inc., 37210 NOTICES Coal Exploration License Applications: Nuclear Regulatory Commission NDM 105349, ND, 37234–37235 RULES License Renewals of Nuclear Power Plants: Management and Budget Office Generic Environmental Impact Statement and Standard NOTICES Review Plans for Environmental Review, 37325– Requests for Comments: 37326 Interagency Review of Exclusion Order Enforcement Preparation of Environmental Reports for Nuclear Power Process, 37242–37243 Plant License Renewal Applications, 37324–37325 Revisions to Environmental Review for Renewal of Nuclear National Foundation on the Arts and the Humanities Power Plant Operating Licenses, 37282–37324 NOTICES Agency Information Collection Activities; Proposals, Office of Management and Budget Submissions, and Approvals: See Management and Budget Office Public Libraries Survey, FY 2014–2016, 37243–37244 Patent and Trademark Office National Highway Traffic Safety Administration NOTICES NOTICES Requests for Comments: Agency Information Collection Activities; Proposals, Joint Strategic Plan for Intellectual Property Enforcement, Submissions, and Approvals, 37276–37277 Voluntary Best Practices Study, 37210

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Personnel Management Office Transportation Department NOTICES See Federal Aviation Administration Agency Information Collection Activities; Proposals, See Federal Motor Carrier Safety Administration Submissions, and Approvals: See National Highway Traffic Safety Administration Occupational Questionnaire, 37245 We Need Important Information About Your Eligibility for Social Security Disability Benefits, 37244–37245 Treasury Department January 2013 Pay Schedules, 37246 See Community Development Financial Institutions Fund See Internal Revenue Service Postal Regulatory Commission NOTICES New Postal Products, 37246–37247 Veterans Affairs Department NOTICES Presidential Documents Agency Information Collection Activities; Proposals, PROCLAMATIONS Submissions, and Approvals: Special Observances: Veterans Benefits Administration Voice of the Veteran Father’s Day (Proc. 8996), 37429–37430 Pilot Surveys, 37278–37279 National Small Business Week (Proc. 8994), 37423–37426 World Elder Abuse Awareness Day (Proc. 8995), 37427– 37428 ADMINISTRATIVE ORDERS Separate Parts In This Issue Wireless Innovation; Expanding America’s Leadership (Memorandum of June 14, 2013), 37431–37435 Part II Securities and Exchange Commission Nuclear Regulatory Commission, 37282–37326 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37247–37248 Part III Self-Regulatory Organizations: Interior Department, Fish and Wildlife Service, 37328– Options Clearing Corp., 37248–37250 37369 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 37261– 37265, 37267–37269 Part IV NASDAQ OMX PHLX LLC, 37250–37259 Commerce Department, Industry and Security Bureau, New York Stock Exchange LLC, 37265–37267 37372–37395 NYSE MKT LLC, 37259–37261 Trading Suspension Orders: Part V iTrackr Systems, Inc., 37269 Small Business Administration, 37398–37422 Small Business Administration RULES Part VI Small Business Size Standards: Presidential Documents, 37423–37435 Agriculture, Forestry, Fishing and Hunting, 37398–37404 Arts, Entertainment, and Recreation, 37417–37422 Finance and Insurance and Management of Companies and Enterprises, 37409–37417 Reader Aids Support Activities for Mining, 37404–37408 Consult the Reader Aids section at the end of this page for State 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:// Statement of Exigent/Special Family Circumstances for listserv.access.gpo.gov and select Online mailing list Issuance of a U.S. Passport to a Minor Under Age 16, archives, FEDREGTOC-L, Join or leave the list (or change 37269–37270 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 17 (2 documents) ...... 37328, Proclamations: 37363 8994...... 37425 8995...... 37427 8996...... 37429 Administrative Orders: Memorandums: Memorandum of November 30, 2004 (Revoked by Memorandum of June 14, 2013)...... 37431 Memorandum of June 14, 2013 ...... 37431 7 CFR Proposed Rules: 956...... 37150 10 CFR 51 (3 documents) ...... 37282, 37324, 37325 54...... 37324 12 CFR 615...... 37101 1209...... 37101 13 CFR 121 (4 documents) ...... 37398, 37404, 37409, 37417 14 CFR 71 (3 documents) ...... 37103, 37104, 37105 Proposed Rules: 39 (7 documents) ...... 37150, 37152, 37154, 37156, 37158, 37160, 37162 15 CFR 738...... 37372 740...... 37372 742...... 37372 743...... 37372 746...... 37372 752...... 37372 770...... 37372 772...... 37372 774...... 37372 24 CFR 891...... 37106 25 CFR 518...... 37114 Proposed Rules: 151...... 37164 33 CFR 165...... 37115 40 CFR 52 (6 documents) ...... 37118, 37122, 37124, 37126, 37130, 37132 63...... 37133 Proposed Rules: 51...... 37164 52...... 37176 372...... 37176 50 CFR 622...... 37148 Proposed Rules: Ch. II ...... 37186 Ch. III ...... 37186 Ch. IV...... 37186 Ch. V...... 37186 Ch. VI...... 37186

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Rules and Regulations Federal Register Vol. 78, No. 119

Thursday, June 20, 2013

This section of the FEDERAL REGISTER improve the quality of assets in their Managing Associate General Counsel, contains regulatory documents having general liquidity reserves, and bolster the ability (202) 649–3057 (these are not toll-free applicability and legal effect, most of which of System banks to fund their obligation numbers), Office of General Counsel, are keyed to and codified in the Code of and continue operations during times of Federal Housing Finance Agency, 400 Federal Regulations, which is published under economic, financial or market adversity. Seventh Street SW., Washington, DC 50 titles pursuant to 44 U.S.C. 1510. In accordance with 12 U.S.C. 2252, the 20024. The telephone number for the The Code of Federal Regulations is sold by effective date of the final rule is 30 days Telecommunications Device for the the Superintendent of Documents. Prices of from the date of publication in the Hearing Impaired is (800) 877–8339. new books are listed in the first FEDERAL Federal Register during which either or SUPPLEMENTARY INFORMATION: REGISTER issue of each week. both Houses of Congress are in session. I. Background Based on the records of the sessions of Congress, the effective date of the A. Statutory and Regulatory Background FARM CREDIT ADMINISTRATION regulations is June 12, 2013. 1. Enterprise Enforcement for Housing 12 CFR Part 615 (12 U.S.C. 2252(a)(9) and (10)) Plan and Failure To Submit Housing Dated: June 14, 2013. Activities Information RIN 3052–AC54 Dale L. Aultman, Prior to the enactment of the Housing Funding and Fiscal Affairs, Loan Secretary, Farm Credit Administration Board. and Economic Recovery Act of 2008 Policies and Operations, and Funding [FR Doc. 2013–14739 Filed 6–19–13; 8:45 am] (HERA), the Federal Housing Operations; Liquidity and Funding; BILLING CODE 6705–01–P Enterprises Financial Safety and Effective Date Soundness Act of 1992 (Safety and Soundness Act) provided the Secretary AGENCY: Farm Credit Administration. FEDERAL HOUSING FINANCE of the U.S. Department of Housing and ACTION: Notice of effective date. AGENCY Urban Development (HUD) with specific authority to establish, monitor, and SUMMARY: The Farm Credit 12 CFR Part 1209 enforce housing goals for mortgages Administration adopted a final rule that RIN 2590–AA57 purchased by Fannie Mae and Freddie amends its liquidity regulation to Mac (collectively, the Enterprises). In strengthen liquidity risk management at Rules of Practice and Procedure: addition, section 309(m) and (n) of the Farm Credit System (System) banks, Enterprise and Federal Home Loan Federal National Mortgage Association improve the quality of assets in their Bank Housing Goals Related Charter Act and section 307(e) and (f) of liquidity reserves, and bolster the ability Enforcement Amendment the Federal Home Loan Mortgage of System banks to fund their obligation Corporation Act (collectively, Charter and continue operations during times of AGENCY: Federal Housing Finance Acts) required that each Enterprise economic, financial or market adversity. Agency. submit information on its housing In accordance with the law, the effective ACTION: Final rule. activities to the Secretary of HUD, the date of the final rule is 30 days from the Committee on Financial Services of the date of publication in the Federal SUMMARY: The Federal Housing Finance House of Representatives, and the Register during which either or both Agency (FHFA) is amending its Rules of Committee on Banking, Housing and Houses of Congress are in session. Practice and Procedure (RPP) to specify Urban Affairs of the Senate.1 See 12 DATES: Effective Date: Under the that the rules of practice and procedure U.S.C. 1723a(m) and (n); 12 U.S.C. authority of 12 U.S.C. 2252, the for hearings on the record in Subpart C 1456(e) and (f). regulation amending 12 CFR part 615 therein shall apply to any cease and The Safety and Soundness Act, prior published on April 18, 2013 (78 FR desist or civil money penalty to the HERA amendments, authorized 23438) is effective June 12, 2013. proceedings brought against the Federal HUD to initiate cease and desist FOR FURTHER INFORMATION CONTACT: National Mortgage Association (Fannie proceedings and impose civil money David Lewandrowski, Senior Policy Mae), the Federal Home Loan Mortgage penalties against an Enterprise for Analyst, Office of Regulatory Policy, Corporation (Freddie Mac), or the failure to submit or comply with a Farm Credit Administration, McLean, Federal Home Loan Banks (Banks) for housing plan or failure to submit VA 22102–5090, (703) 883–4498, TTY failure to submit or follow a housing information on its housing activities. (703) 883–4056; plan or failure of an Enterprise to HUD issued regulations implementing or submit information on its housing its enforcement authority against the Richard Katz, Senior Counsel, Office of activities. An exception is provided Enterprises for these violations. See 24 General Counsel, Farm Credit where such rules are inconsistent with CFR part 81, Subpart G. HERA amended the Safety and Administration, McLean, Virginia related statutory provisions, in which Soundness Act in 2008 to create FHFA 22102–5090, (703) 883–4020, TTY case the statutory provisions shall (703) 883–4056. apply. 1 The Charter Acts require that the Enterprises SUPPLEMENTARY INFORMATION: The Farm DATES: This final rule is effective on July submit information on their housing activities to Credit Administration adopted a final 22, 2013. the Committee on Banking, Finance and Urban FOR FURTHER INFORMATION CONTACT: Affairs of the House of Representatives. The rule that amends its liquidity regulation Lyn Enterprises submit this information to that to strengthen liquidity risk management Abrams, Assistant General Counsel, Committee’s successor, the Committee on Financial at Farm Credit System (System) banks, (202) 649–3059; or Sharon Like, Services of the House of Representatives.

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as an independent agency of the federal goals established for the Enterprises affiliated parties under sections 1371 to government and, among other things, under sections 1331 through 1334 of the 1379D. See 12 U.S.C. 4631–4641. Thus, transferred the responsibility to Safety and Soundness Act, taking into the formal hearing procedures set forth establish, monitor and enforce the consideration the unique mission and in Subpart C of the RPP are well suited housing goals for the Enterprises from ownership structure of the Banks. to govern enforcement proceedings HUD to FHFA, and required that each Section 10C(d) provides that the under sections 1341 to 1348. FHFA also Enterprise submit information on its monitoring and enforcement noted that amending § 1209.1(c) of the housing activities to the Director of requirements of section 1336 of the RPP would be a simpler and more FHFA instead of to the Secretary of Safety and Soundness Act shall apply to efficient approach than making HUD. See Public Law 110–289, 122 Stat. the Banks in the same manner and to conforming amendments to each of the 2654 (2008), codified at 12 U.S.C. 4501 the same extent as they apply to the affected sections of the RPP. et seq. The Safety and Soundness Act, Enterprises. Thus, in accordance with FHFA received two comments on the as amended, requires the Director of section 1336, if a Bank fails to submit proposed amendment. The commenters FHFA to establish new annual housing or follow an acceptable housing plan, were an individual and the Mortgage goals for mortgages purchased by the the Director may initiate cease and Partnership Finance Program’s Enterprises, effective for 2010 and desist proceedings or impose civil Governance Committee of the Banks. beyond. FHFA reviews mortgage money penalties against the Bank. Neither comment was applicable to the purchase data provided by each FHFA’s Bank housing goals proposed amendment. Enterprise in its Annual Housing regulation, which implements the III. Final Rule Activities Report and other mortgage statutory housing goals requirements, reports, as well as other available data, includes housing plan provisions For the reasons discussed in the and determines whether the Enterprise similar to those in FHFA’s Enterprise proposed rulemaking and the lack of has met the housing goals. housing goals regulation, but like the opposing comments, FHFA is adopting Enterprise compliance with the Enterprise housing goals regulation, as final the proposed amendment to housing goals is enforced under section does not specifically address § 1209.1(c) of the RPP with no changes. 1336 of the Safety and Soundness Act, enforcement actions for failure to IV. Consideration of Differences which provides that if an Enterprise submit or follow a housing plan. See 12 Between the Banks and the Enterprises fails to meet a housing goal determined CFR part 1281. by the Director to be feasible, the Section 1313(f) of the Safety and B. Conservatorship Director may, in his or her discretion, Soundness Act, as amended by HERA, require the Enterprise to submit a On September 6, 2008, the Director of requires the Director, when housing plan describing the specific FHFA appointed FHFA as conservator promulgating regulations relating to the actions the Enterprise will take to of the Enterprises to maintain the Banks, to consider the differences achieve the goal. See 12 U.S.C. 4566. Enterprises in a safe and sound financial between the Banks and the Enterprises Section 1336 further provides that if condition and to help assure with respect to the Banks’: Cooperative an Enterprise fails to submit an performance of their public mission. ownership structure; mission of acceptable housing plan or fails to The Enterprises remain under providing liquidity to members; comply with the plan, the Director may conservatorship at this time. affordable housing and community development mission; capital structure; initiate cease and desist proceedings or II. Proposed Rulemaking impose civil money penalties against joint and several liability; and any other the Enterprise in accordance with To provide clarity on the rules of differences the Director considers sections 1341 and 1345, respectively, of practice and procedure that would appropriate. See 12 U.S.C. 4513(f). In the Safety and Soundness Act, exercise apply should FHFA initiate enforcement preparing the proposed rule, the other appropriate enforcement actions under sections 1341 to 1348 of Director considered the differences authority, or seek other appropriate the Safety and Soundness Act, FHFA between the Banks and the Enterprises actions. See 12 U.S.C. 4566(c)(1) and published a proposed amendment to as they relate to the above factors, and (c)(7), 4581, 4585. In addition, sections § 1209.1(c) of the RPP in the Federal determined that the Banks should not be 1341 and 1345 provide that the Director Register. See 77 FR 72247 (Dec. 5, treated differently from the Enterprises. may initiate cease and desist 2012). The proposed amendment FHFA requested comment on whether proceedings or impose civil money provided that the rules of practice and the Banks should be treated differently, penalties, respectively, if an Enterprise procedure for hearings on the record in particularly as section 10C(d) of the fails to submit information on its subpart C therein would apply to any Bank Act provides that the monitoring housing activities. Id. Sections 1341 to cease and desist or civil money penalty and enforcement requirements of 1348 of the Safety and Soundness Act proceedings brought against Fannie section 1336 of the Safety and set forth the grounds and procedures for Mae, Freddie Mac, or the Banks for Soundness Act shall apply to the Banks the enforcement actions. FHFA’s RPP failure to submit or follow a housing in the same manner and to the same does not currently address enforcement plan or failure of an Enterprise to extent as they apply to the Enterprises. proceedings for these violations. See 12 submit information on its housing FHFA did not receive any comments CFR part 1209. activities, except where such rules are responding to that request. Accordingly, inconsistent with related statutory no changes were made to the final rule 2. Bank Housing Plan Enforcement provisions, in which case the statutory as it relates to the Banks. Section 10C(a) of the Federal Home provisions would apply. FHFA noted Loan Bank Act (Bank Act), as amended that the hearing procedures in the Safety V. Paperwork Reduction Act by HERA (12 U.S.C. 1430c(a)), requires and Soundness Act for adjudicating The final rule does not contain any the Director of FHFA to establish these actions are almost information collection requirement that housing goals with respect to the indistinguishable from the statutory requires the approval of the Office of purchase of mortgages, if any, by the procedures for adjudicating other Management and Budget under the Banks. Section 10C(a) further states that enforcement actions against the Paperwork Reduction Act (44 U.S.C. the goals shall be consistent with the Enterprises, the Banks and their entity- 3501 et seq.). Therefore, FHFA has not

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submitted any materials to OMB for U.S.C. 4581 through 4588), and section Operations Areas (MOAs). The review. 10C of the Federal Home Loan Bank amendments extended V–55 westward Act, as amended (12 U.S.C. 1430c), by adding an airway segment from VI. Regulatory Flexibility Act except where the Rules of Practice and Grand Forks, ND, to Bismarck, ND, The Regulatory Flexibility Act (5 Procedure in Subpart C are inconsistent through the existing Devils Lake East U.S.C. 601 et seq.) requires that a with such statutory provisions, in which MOA and extended V–169 northward regulation that has a significant case the statutory provisions shall by adding an airway segment from economic impact on a substantial apply. Bismarck, ND, to Devils Lake, ND, number of small entities, small Dated: June 13, 2013. through the Devils Lake West MOA. At businesses, or small organizations must that time, the Devils Lake East MOA Edward J. DeMarco, include an initial regulatory flexibility existed from 3,500 feet mean sea level analysis describing the regulation’s Acting Director, Federal Housing Finance (MSL) to 10,000 feet MSL and the Devils Agency. impact on small entities. Such an Lake West MOA existed from 4,000 feet analysis need not be undertaken if the [FR Doc. 2013–14676 Filed 6–19–13; 8:45 am] MSL to 10,000 feet MSL. As part of the agency has certified that the regulation BILLING CODE 8070–01–P amendment actions to V–55 and V–169, will not have a significant economic the airway descriptions excluded the impact on a substantial number of small airspace contained within the associated entities. 5 U.S.C. 605(b). FHFA has DEPARTMENT OF TRANSPORTATION MOA lateral boundary and altitudes considered the impact of the final rule from the affected airway. under the Regulatory Flexibility Act. Federal Aviation Administration In 1980, the FAA circularized a The General Counsel of FHFA proposal to change the boundary certifies that the final rule is not likely 14 CFR Part 71 between the Devils Lake East and Devils to have a significant economic impact [Docket No. FAA–2013–0484; Airspace Lake West MOAs and to raise the ceiling on a substantial number of small entities Docket No. 13–AGL–16] of the Devils Lake East MOA from 10,000 feet MSL to a ceiling of to, but because the regulation is applicable RIN 2120–AA66 only to the Enterprises and the Banks, not including, flight level (FL) 180. which are not small entities for Amendment of VOR Federal Airways Within the proposed Devils Lake East purposes of the Regulatory Flexibility V–55 and V–169 in Eastern North MOA, V–55 would be available for non- Act. Dakota participating aircraft either at 11,000 feet and above during low level List of Subjects in 12 CFR Part 1209 AGENCY: Federal Aviation intercept training (3,500 feet MSL to Administrative practice and Administration (FAA), DOT. 10,000 feet MSL) or at 9,000 feet MSL procedure, Federal home loan banks, ACTION: Final rule, technical and below during Basic Fighter Mortgages, Reporting and recordkeeping amendment. Maneuvers (BFM) training (10,000 feet requirements. MSL and above) being conducted by the SUMMARY: This action amends VHF military. In 1981, the proposed action Authority and Issuance Omnidirectional Range (VOR) Federal was approved and the MOAs amended For the reasons stated in the airways V–55 and V–169 in eastern accordingly; unfortunately, no action SUPPLEMENTARY INFORMATION, the North Dakota. The FAA is taking this was taken with respect to the existing Federal Housing Finance Agency action to amend the airway descriptions exclusionary language contained in the amends part 1209, Subchapter A, contained in Part 71 by removing V–55 description under Part 71 when Chapter XII of title 12 of the Code of reference to special use airspace (SUA) the Devils Lake East MOA was raised. Federal Regulations as follows: exclusionary language no longer In 1987, the FAA circularized a needed. similar proposal to raise the ceiling of PART 1209—RULES OF PRACTICE the Devils Lake West MOA from 10,000 DATES: Effective date 0901 UTC, August AND PROCEDURE feet MSL to a ceiling of to, but not 22, 2013. The Director of the Federal including, FL 180. The proposed action Register approves this incorporation by ■ 1. The authority citation for part 1209 was approved in the same year and the is revised to read as follows: reference action under 1 CFR part 51, MOA ceiling was amended accordingly. subject to the annual revision of FAA Again, no action was taken with respect Authority: 5 U.S.C. 554, 556, 557, and 701 Order 7400.9 and publication of et seq.; 12 U.S.C. 1430c(d); 12 U.S.C. 4501, to the existing exclusionary language 4502, 4503, 4511, 4513, 4513b, 4517, 4526, conforming amendments. contained in the V–169 description 4566(c)(1) and (c)(7), 4581–4588, 4631–4641; FOR FURTHER INFORMATION CONTACT: under Part 71 when the Devils Lake and 28 U.S.C. 2461 note. Colby Abbott, Airspace Policy and ATC West MOA ceiling was raised. ■ 2. Amend § 1209.1 by: Procedures Group, Office of Mission The FAA notes there are numerous ■ a. In paragraph (c)(2), remove the Support Services, Federal Aviation MOAs throughout the National Airspace word ‘‘and’’; Administration, 800 Independence System (NAS) that have VOR Federal ■ b. In paragraph (c)(3), remove ‘‘.’’ at Avenue SW., Washington, DC 20591; airways charted through them, with no the end of the paragraph and add in its telephone: (202) 267–8783. exclusionary language contained in place ‘‘; and’’; and SUPPLEMENTARY INFORMATION: those airway descriptions. In fact, the ■ Devils Lake East MOA has three VOR c. Add new paragraph (c)(4) to read as History follows: Federal airways that extend through it, In 1979, the FAA took action to but only V–55 contains exclusionary § 1209.1 Scope. amend VOR Federal airways V–55 (44 language relative to the MOA. It is * * * * * FR 43714, July 26, 1979) and V–169 (44 standard procedure for air traffic control (c) * * * FR 24543, April 26, 1979) by adding (ATC) to re-route instrument flight rules (4) Enforcement proceedings under airway segments that extended the (IFR) aircraft operating on Federal sections 1341 through 1348 of the Safety airways through the Devils Lake East airways when the airway lies within an and Soundness Act, as amended (12 and Devils Lake West Military active MOA and IFR separation from

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military activity in the MOA cannot be certified that this rule, when V–55 provided by ATC. The guidance promulgated, does not have a significant From Dayton, OH; Fort Wayne, IN; Goshen, describing this procedure is published economic impact on a substantial IN; Gipper, MI; Keeler, MI; Pullman, MI; in FAA Order 7110.65, Air Traffic number of small entities under the Muskegon, MI; INT Muskegon 327° and Control, and the Aeronautical criteria of the Regulatory Flexibility Act. Green Bay, WI, 116° radials; Green Bay; Information Manual for controller and The FAA’s authority to issue rules Stevens Point, WI; INT Stevens Point 281° ° pilot awareness, respectively. regarding aviation safety is found in and Eau Claire, WI, 107 radials; Eau Claire; Siren, WI; Brainerd, MN; Park Rapids, MN; Additionally, although pilots operating Title 49 of the United States Code. ° Subtitle I, Section 106 describes the Grand Forks, ND; INT Grand Forks 239 and under visual flight rules (VFR) should Bismarck, ND, 067° radials; to Bismarck. exercise extreme caution while flying authority of the FAA Administrator. within a MOA when military activity is Subtitle VII, Aviation Programs, * * * * * being conducted, MOAs are not describes in more detail the scope of the V–169 restrictive to VFR aircraft, which opt to agency’s authority. This rulemaking is From Tobe, CO; 69 MSL, Hugo, CO; 38 fly the same routing as a VOR Federal promulgated under the authority miles, 67 MSL, Thurman, CO; Akron, CO; airway, at VFR altitudes, through an described in Subtitle VII, Part A, Sidney, NE; Scottsbluff, NE; Toadstool, NE; active MOA. Removing the SUA Subpart I, Section 40103. Under that Rapid City, SD; Dupree, SD; Bismarck, ND; exclusionary language contained in the section, the FAA is charged with to Devils Lake, ND. V–55 and V–169 legal descriptions, prescribing regulations to assign the use Issued in Washington, DC, June 13, 2013. which is redundant to existing ATC of the airspace necessary to ensure the Gary A. Norek, safety of aircraft and the efficient use of procedures does not affect the Manager, Airspace Policy and ATC operational use or services provided by airspace. This regulation is within the Procedures Group. ATC to aircraft operating on the scope of that authority as it amends [FR Doc. 2013–14657 Filed 6–19–13; 8:45 am] airways. existing VOR Federal airways within the Accordingly, since this amendment is NAS. BILLING CODE 4910–13–P administrative in nature, having no Environmental Review impact to the operational use or ATC DEPARTMENT OF TRANSPORTATION services provided to pilots flying on V– The FAA has determined that this 55 and V–169, notice and public action qualifies for categorical exclusion Federal Aviation Administration procedures under Title 5 U.S.C. 553(b) under the National Environmental are unnecessary. Policy Act in accordance with 311a, 14 CFR Part 71 FAA Order 1050.1E, ‘‘Environmental The Rule Impacts: Policies and Procedures.’’ This The FAA amends Title 14, Code of airspace action is not expected to cause [Docket No. FAA–2013–0081; Airspace Federal Regulations part 71 by any potentially significant Docket No. 12–AEA–5] amending the legal descriptions of VOR environmental impacts, and no Federal airways V–55 and V–169 in the extraordinary circumstances exist that RIN 2120–AA66 vicinity of Devils Lake, ND. Specifically, warrant preparation of an the FAA amends the V–55 description environmental assessment. Establishment of Area Navigation by removing the exclusionary language (RNAV) Routes; Washington, DC List of Subjects in 14 CFR Part 71 associated with the Devils Lake East AGENCY: Federal Aviation Airspace, Incorporation by reference, MOA and amends the V–169 Administration (FAA), DOT. description by removing the Navigation (air). ACTION: Final rule; correction. exclusionary language associated with Adoption of the Amendment the Devils Lake West MOA. SUMMARY: In consideration of the foregoing, the This action corrects a final VOR Federal airways are listed in rule published by the FAA in the paragraph 6010 of FAA Order 7400.9W Federal Aviation Administration amends 14 CFR part 71 as follows: Federal Register on May 21, 2013, that dated August 8, 2012, and effective establishes five RNAV routes in support September 15, 2012, which is PART 71—DESIGNATION OF CLASS A, of the Washington, DC, Optimization of incorporated by reference in 14 CFR B, C, D, AND E AIRSPACE AREAS; AIR Airspace and Procedures in a Metroplex 71.1. The VOR Federal airways listed in TRAFFIC SERVICE ROUTES; AND project. This correction changes the this document will be revised REPORTING POINTS name of one waypoint (WP) in the legal subsequently in the Order. descriptions of RNAV routes T–291 and The FAA has determined that this ■ 1. The authority citation for 14 CFR T–295. regulation only involves an established part 71 continues to read as follows: body of technical regulations for which DATES: Effective date 0901 UTC, August frequent and routine amendments are Authority: 49 U.S.C. 106(g), 40103, 40113, 22, 2013. The Director of the Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Register approves this incorporation by necessary to keep them operationally 1963 Comp., p. 389. current. Therefore, this regulation: (1) Is reference action under 1 CFR part 51, not a ‘‘significant regulatory action’’ § 71.1 [Amended] subject to the annual revision of FAA Order 7400.9 and publication of under Executive Order 12866; (2) is not ■ 2. The incorporation by reference in conforming amendments. a ‘‘significant rule’’ under Department of 14 CFR 71.1 of FAA Order 7400.9W, FOR FURTHER INFORMATION CONTACT: Paul Transportation (DOT) Regulatory Airspace Designations and Reporting Gallant, Airspace Policy and ATC Policies and Procedures (44 FR 11034; Points, dated August 8, 2012, and Procedures Group, Office of Airspace February 26, 1979); and (3) does not effective September 15, 2012, is Services, Federal Aviation warrant preparation of a regulatory amended as follows: evaluation as the anticipated impact is Administration, 800 Independence so minimal. Since this is a routine Paragraph 6010 VOR Federal Airways. Avenue SW., Washington, DC 20591; matter that only affects air traffic (a) Domestic VOR Federal airways. telephone: (202) 267–8783. procedures and air navigation, it is * * * * * SUPPLEMENTARY INFORMATION:

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Background DEPARTMENT OF TRANSPORTATION to reopen the comment period and solicit comments on the proposed On May 21, 2013, the FAA published Federal Aviation Administration further modification of V–537. No a final rule in the Federal Register comments were received in response the establishing five RNAV routes in the 14 CFR Part 71 SNPRM. Washington, DC area (78 FR 29615). [Docket No. FAA–2012–0971; Airspace The Rule Subsequent to publication, it was Docket No. 12–ASO–31] determined that the name of the The FAA is amending Title 14, Code MORTY, MD WP (which is common to RIN 2120–AA66 of Federal Regulations (14 CFR) part 71 the legal descriptions of RNAV routes to modify VOR Federal airway V–537 Modification of VOR Federal Airway due to the scheduled decommissioning T–291 and T–295) needs to be changed V–537, GA due to its proximity to a similar of the Moultrie, GA, VOR/DME, which sounding and spelled fix, MORTO. AGENCY: Federal Aviation currently forms a point along the route. This action modifies V–537 by Potential safety concerns were Administration (FAA), DOT. eliminating the route segments between identified due to the possibility for ACTION: Final rule. the Greenville, FL, VORTAC and the confusion of the points in radio SUMMARY: This action modifies VHF Macon, GA, VORTAC. The modified V– communications and onboard Flight 537 extends between Palm Beach, FL, Management System data entry. To omnidirectional range (VOR) Federal airway V–537 in Georgia due to the and Greenville, FL. resolve this concern, the FAA is scheduled decommissioning of the VOR Federal airways are published in changing the name ‘‘MORTY, MD’’ to Moultrie, GA, VOR/DME navigation aid paragraph 6010(a) of FAA Order ‘‘BAABS, MD’’ in the descriptions of T– which currently forms a point along the 7400.9W signed August 8, 2012 and 291 and T–295. This is a name change route. effective September 15, 2012, which is only. The latitude/longitude coordinates incorporated by reference in 14 CFR DATES: Effective date 0901 UTC, August remain the same. 71.1. The VOR Federal airway listed in 22, 2013. The Director of the Federal this document will be published Area Navigation Routes are published Register approves this incorporation by in paragraph 6011 of FAA Order subsequently in the Order. reference action under 1 CFR part 51, The FAA has determined that this 7400.9W, dated August 8, 2012, and subject to the annual revision of FAA regulation only involves an established effective September 15, 2012, which is Order 7400.9 and publication of body of technical regulations for which incorporated by reference in 14 CFR conforming amendments. frequent and routine amendments are 71.1. The RNAV routes listed in this FOR FURTHER INFORMATION CONTACT: Paul necessary to keep them operationally document will be published Gallant, Airspace Policy and ATC current. Therefore, this regulation: (1) Is subsequently in the Order. Procedures Group, Office of Airspace not a ‘‘significant regulatory action’’ Services, Federal Aviation Correction to Final Rule under Executive Order 12866; (2) is not Administration, 800 Independence a ‘‘significant rule’’ under Department of Accordingly, pursuant to the Avenue SW., Washington, DC 20591; Transportation (DOT) Regulatory authority delegated to me, the name telephone: (202) 267–8783. Policies and Procedures (44 FR 11034; ‘‘MORTY, MD WP’’ as published in the SUPPLEMENTARY INFORMATION: February 26, 1979); and (3) does not warrant preparation of a regulatory Federal Register on May 21, 2013 (78 History FR 29615; FR Doc. 2013–11969) for evaluation as the anticipated impact is RNAV routes T–291 and T–295, is On October 15, 2012, the FAA so minimal. Since this is a routine published in the Federal Register a corrected under the descriptions as matter that only affects air traffic notice of proposed rulemaking (NPRM) follows: procedures and air navigation, it is to modify V–537 in Georgia (77 FR certified that this rule, when Paragraph 6011—United States Area 62468). Interested parties were invited promulgated, does not have a significant Navigation Routes to participate in this rulemaking effort economic impact on a substantial * * * * * by submitting written comments on this number of small entities under the proposal to the FAA. No comments criteria of the Regulatory Flexibility Act. T–291 [Corrected] were received. The FAA’s authority to issue rules On page 29616, line 36, Remove ‘‘MORTY, Subsequently, a flight inspection was regarding aviation safety is found in MD WP (Lat. 39°19′51″ N., long. 076°24′41″ conducted to evaluate the usability of Title 49 of the United States Code. W.)’’ and insert ‘‘BAABS, MD WP (Lat. the proposed amended portion of V– Subtitle I, Section 106 describes the 39°19′51″ N., long. 076°24′41″ W.)’’ 537. That flight inspection found a authority of the FAA Administrator. T–295 [Corrected] portion of the originally proposed route Subtitle VII, Aviation Programs, amendment to be unsatisfactory. describes in more detail the scope of the On page 29616. Line 40, Remove ‘‘MORTY, Specifically, a radial from the Macon, ° ′ ″ ° ′ ″ agency’s authority. MD WP (Lat. 39 19 51 N., long. 076 24 41 GA, VORTAC that had been planned to This rulemaking is promulgated W.)’’ and insert ‘‘BAABS, MD WP (Lat. form an intersection along the route under the authority described in ° ′ ″ ° ′ ″ 39 19 51 N., long. 076 24 41 W.)’’ between the Greenville, FL, VORTAC Subtitle VII, Part A, Subpart I, Section Issued in Washington, DC, on June 13, and the Macon, GA, VORTAC, did not 40103. Under that section, the FAA is 2013. pass the expanded service volume charged with prescribing regulations to Gary A. Norek, validation. After considering other assign the use of the airspace necessary Manager, Airspace Policy and ATC alternatives, the FAA opted to propose to ensure the safety of aircraft and the Procedures Group. terminating V–537 at the Greenville efficient use of airspace. This regulation VORTAC and eliminate the segment is within the scope of that authority as [FR Doc. 2013–14658 Filed 6–19–13; 8:45 am] between Greenville and Macon. The it modifies a VOR Federal airway to BILLING CODE 4910–13–P FAA issued a supplemental NPRM enhance the efficiency of the National (SNPRM) (78 FR 21856, April 12, 2013) Airspace System in the southeast United

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States. Except for editorial changes, this DEPARTMENT OF HOUSING AND number). Persons with hearing or rulemaking is the same as published in URBAN DEVELOPMENT speech impairments may access this the SNPRM. number via TTY by calling the toll-free 24 CFR Part 891 Federal Relay Service at 1–800–877– Environmental Review [Docket No. FR–5167–F–02] 8339. The FAA has determined that this RIN 2502–AI67 SUPPLEMENTARY INFORMATION: action qualifies for categorical exclusion I. Executive Summary under the National Environmental Streamlining Requirements Governing Policy Act in accordance with FAA the Use of Funding for Supportive A. Purpose of the Regulatory Action Order 1050.1E, Environmental Impacts: Housing for the Elderly and Persons The regulatory amendments made by Policies and Procedures, paragraph With Disabilities Programs this rule are designed to provide greater 311a. This airspace action is not AGENCY: Office of the Assistant flexibility in the design, construction, expected to cause any potentially Secretary of Housing—Federal Housing and management of Section 202/811 significant environmental impacts, and Commissioner, HUD. mixed-finance developments, to no extraordinary circumstances exist increase such development. The Section ACTION: Final rule. that warrant preparation of an 202/811 mixed-finance program, environmental assessment. SUMMARY: This final rule amends HUD’s established by interim and final rules regulations governing the Section 202 issued in 2003 and 2005,1 allows for the List of Subjects in 14 CFR Part 71 Supportive Housing for the Elderly participation of the private developer Airspace, Incorporation by reference, Program (Section 202) and the Section community, leveraging their capital and Navigation (air). 811 Supportive Housing for Persons expertise, to create attractive and with Disabilities Program (Section 811) affordable supportive housing Adoption of the Amendment to streamline the requirements developments for the elderly or persons applicable to Section 202 and Section with disabilities. In light of the current In consideration of the foregoing, the 811 mixed-finance developments. This housing market, with limited private Federal Aviation Administration rule removes restrictions on the portions financing for the development of amends 14 CFR part 71 as follows: of developments not funded through supportive housing, this rule streamlines requirements pertaining to PART 71—DESIGNATION OF CLASS A, capital advances, lifts barriers on participation in the development of the mixed-finance developments to attract B, C, D, AND E AIRSPACE AREAS; AIR projects, and eliminates burdensome private capital for the development of TRAFFIC SERVICE ROUTES; AND funding requirements. These changes mixed-finance housing. This rule allows REPORTING POINTS are anticipated to attract private capital for more flexibility in such areas as the and the expertise of the private drawdown of capital advance funds and ■ 1. The authority citation for part 71 developer community to create noncapital advance funds and removes continues to read as follows: attractive and affordable supportive certain restrictions relating to Authority: 49 U.S.C. 106(g), 40103, 40113, housing developments for the elderly noncapital advance funds. In addition, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– and for persons with disabilities. this rule would update certain 1963 Comp., p.389. Through this rule, HUD also brings up- regulations governing all Section 202 to-date certain regulations governing all and Section 811 developments, which § 71.1 [Amended] Section 202 and Section 811 have not been updated since 2005, to conform to changes in law, policy, and ■ 2. The incorporation by reference in developments, not solely mixed-finance developments. Overall, the changes practices that affect these developments. 14 CFR 71.1 of the FAA Order 7400.9W, made by this rule permit greater Airspace Designations and Reporting B. Summary of the Major Provisions of flexibility in the design of Section 202/ Points, signed August 8, 2012, and the Regulatory Action 811 units, and extend the duration of effective September 15, 2012, is the availability of capital advance funds. This final rule updates the regulations amended as follows: This final rule is part of a larger effort governing mixed-finance developments to reform the Section 202 and Section for the Section 202 and Section 811 Paragraph 6010(a) Domestic VOR Federal 811 programs, which will include programs. This rule amends several Airways implementation of the changes made to definitions used in the mixed-finance * * * * * these programs by the Frank Melville development program, based on changes V–537 [Amended] Supportive Housing Investment Act of to these terms made by the Frank 2010 and the Section 202 Supportive Melville Supportive Housing From Palm Beach, FL; INT Palm Beach Housing for the Elderly Act of 2010. A Investment Act of 2010 and the Section 356° and Treasure, FL, 143° radials; Treasure; subsequent rule, which will focus on 202 Supportive Housing for the Elderly INT Treasure 318° and Orlando. FL, 140° the statutory changes that require Act of 2010. These changes lessen radials; INT Orlando 140° and Melbourne, FL ° ° rulemaking for implementation, is restrictions with respect to who can be 298 radials; INT Melbourne 298 and Ocala, an owner. In addition, this rule removes FL 145° radials; Ocala; Gators, FL; to expected to be published in 2013. DATES: Effective Date: July 22, 2013. the restriction on using HUD funds for Greenville, FL. certain amenities, exempts contracts for FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on June 13, sale of land between owner and sponsor Aretha Williams, Office of Housing 2013. from conflict of interest provisions, Assistance and Grant Administration, clarifies what constitutes substantial Gary A. Norek, Office of Housing, Department of rehabilitation, requires smoke detectors Manager, Airspace Policy and ATC Housing and Urban Development, 451 Procedures Group. 7th Street SW., Room 6136, Washington, 1 See HUD rules published on December 1, 2003, [FR Doc. 2013–14660 Filed 6–19–13; 8:45 am] DC 20410–8000; telephone number 202– at 68 FR 67316, and on September 13, 2005, at 70 BILLING CODE 4910–13–P 708–3000 (this is not a toll-free FR 54200.

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and alarm devices be installed in any installation or maintenance to be tax credits and mixed-finance methods dwelling or facility bedroom or other resolved more quickly. to infuse private capital into Section 202 primary sleeping area, extends the The primary focus of this rule is to and Section 811 developments. HUD’s duration of fund reservations for capital expand flexibility in the program by regulations governing Section 202/811 advances, provides that HUD’s removing previous prohibitions on mixed-finance development are found requirements applicable to capital amenities within Section 202 and in 24 CFR part 891, subpart F. The advance units are not applicable to non- Section 811 developments, but not Section 202 Supportive Housing for the 202/811 supported units in the project, requiring owners to provide such Elderly Act of 2010 (Pub. L. 111–372) permits mixed-finance developers to use amenities. The amenities are those that (Section 202 Act of 2010) and the Frank low-income housing tax credits are fairly standard in today’s apartments Melville Supportive Housing (LIHTCs) more effectively, permits and will benefit the residents of Investment Act of 2010 (Pub. L. 111– noncapital advance funds to be program units and make HUD units 374) (Melville Act) were both signed disbursed before the drawdown of more attractive and capable of attracting into law on January 4, 2011 capital advance funds, and permits the and retaining tenants. (collectively, the Acts), and amended use of funds for paying off bridge or The final rule also removes the the authorizing statutes for Section 202 construction financing or repaying or previous prohibition on healthcare and Section 811, respectively. collateralizing bonds. facilities in mixed-finance Section 202 III. The March 2012 Proposed Rule developments, but not within Section C. Costs and Benefits 811 developments, for the reasons On March 28, 2012 (77 FR 18723), discussed later in this preamble. Under HUD published a proposed rule The regulations established by this the final rule, HUD now permits primarily to streamline the requirements final rule are limited in applicability to healthcare facilities in mixed-finance for mixed-finance Section 202 and those Section 202 or Section 811 Section 202 developments so long as Section 811 developments, and provide projects that apply as mixed-finance HUD does not finance the facilities, and more flexibility for program (Section 202/811 mixed finance the use of the facilities must be participants. Current economic projects). Section 202/811 mixed- voluntary for the residents of the conditions have reduced the availability finance projects are those with private projects. of private financing for the development funding to supplement Federal funding. The removal of the previous of supportive housing. To attract needed The only new requirement established prohibitions on amenities and private capital, HUD determined that by this final rule is a requirement that healthcare facilities makes it difficult to amendments to the Section 202 and owners provide a smoke detector and predict their impact on future Section Section 811 program regulations were alarm in every bedroom or primary 202 and 811 units, as the programs necessary to further streamline the sleeping area. Though this requirement together produce only a few hundred mixed-finance development process for is new to the program regulations, the developments a year (193 in 2008, 170 Section 202 and 811 housing. While the requirement is supportive of the R2–R4 in 2009, and 143 in 2010), the overall existing regulations applicable to multifamily standards in the economic impact from these potentially mixed-finance developments have International Building Code, the small changes in development and unit facilitated the creation of approximately International Residential Code, the configuration is expected to be small. 1,017 mixed-finance units, they also, in International Existing Building Code, A more detailed discussion of the certain circumstances, limit project and the International Property costs and benefits of this rule is sponsors from accessing private sector Maintenance Code, which apply in the provided in section VI of this preamble. capital and expertise. The changes vast majority of jurisdictions in the proposed in March 2012, as summarized country through state or local adoption. II. Background below, and made final by this rule, Requiring smoke detectors is a A. HUD’s Section 202/811 Mixed- provide mixed-finance owners with requirement in most local code, and fire more options, better facilitate the use of Finance Development Program detectors are generally required for low-income housing tax credits, and property insurance. Given the The Section 202 and Section 811 attract other private funding, and, widespread requirement for smoke programs were established to allow very thereby, promote the construction of detectors, whether as a matter of state or low-income elderly persons and persons supportive housing developments that local codes or for property insurance, with disabilities the opportunity to live include additional, non-Section 202/811 the inclusion of such requirement in with dignity by providing affordable supported units for the elderly and this regulation places no additional rental housing offering a range of persons with disabilities. burden on any developer or owner supportive services to meet the needs of The Section 202 Act of 2010 and the complying with state or local codes. these populations. The American Melville Act amended the authorizing Additionally, the rule does not dictate a Homeownership and Economic statutes for Section 202 and Section 811, specific technology or product. Opportunity Act of 2000 (Pub. L. 106– respectively, and made important 569, 114 Stat. 2944, approved December reforms to the Section 202 and Section The fact that smoke and fire detection 27, 2000) (AHEO Act) amended the 811 programs. While the majority of the equipment generally save lives and authorizing statutes for the Section 202 reforms made by these Acts do not protect property in a cost effective way program (Section 202 of the Housing directly affect the Section 202/811 is well supported in the literatures.2 Act of 1959 (12 U.S.C. 1701q)) and the mixed-finance development program, There may be some benefits to tenants Section 811 program (Section 811 of the HUD is taking the opportunity to update and communities with existing projects Cranston-Gonzalez National Affordable the definitions of ‘‘private nonprofit if the improved clarity from HUD Housing Act of 1990 (42 U.S.C. 8013)) organizations’’ to conform to the Acts, enables a dispute over smoke detector to allow for the participation of for- as these definitions directly impact the profit limited partnerships in the mixed-finance program. The Section 2 For example Liu Y, Mack KA, Diekman ST (2012) Smoke alarm giveaway and installation ownership of Section 202 and Section 202 Act of 2010 and the Melville Act programs: an economic evaluation. American 811 supportive housing, which helped provide a much-needed foundation for Journal of Preventive Medicine (4):385–91. facilitate the use of low-income housing practical improvements to the Section

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202 and Section 811 programs.3 The cosmetic improvements and must meet of 40 years. The useful life period regulatory amendments in this rule certain criteria; commences upon execution of the build upon the Acts from the 111th • Requiring smoke detectors and capital advance agreement. Congress to further modernize the alarm devices be installed in any • Allowing as eligible units two- operation of Section 202 and Section dwelling or facility bedroom or other bedroom resident units, so long as a 811 in the mixed-finance context. primary sleeping area; portion of the units are financed by The March 28, 2012, rule proposed to • Providing that restrictions on other sources. Resident units may be amend both the general section of prohibited facilities in Section 202 two-bedroom units if the square footage regulations governing the Section 202 mixed-finance developments only apply in excess of the one-bedroom size limits and Section 811 programs, and the to the capital advance-funded portion, is treated as excess amenities. sections in part 891 specifically and not to the entire development; V. Discussion of Public Comments governing the mixed-finance program. • Exempting, from the conflict of Received on the March 28, 2012, Key changes to the program regulations interest provisions, contracts for the sale Proposed Rule proposed by the March 28, 2012, rule of land between an owner and the included the following: sponsor or the sponsor’s nonprofit This final rule follows publication of • Establishing, in the case of a affiliate; the March 28, 2012, proposed rule and nonprofit organization sponsoring • Providing that the requirements of takes into consideration public multiple developments, the criteria for paragraph (b) of § 891.130 regarding comments received on that proposed transferring the responsibilities of a identity of interest do not apply in the rule. The public comment period closed single-entity nonprofit owner of an mixed-finance context, while on May 29, 2012. HUD received five individual development to the maintaining the applicability of the public comments (one comment governing board of the sponsor that is conflict of interest provisions in submitted on behalf of multiple the sponsoring organization of multiple paragraph (a) of § 891.130; organizations) in response to the developments; • Extending the duration of proposed rule. Comments were • Revising, consistent with the availability of fund reservations for submitted by a housing corporation, a Section 202 Act of 2010, the definition capital advances to 24 months in all housing finance agency, nonprofit of ‘‘private nonprofit organization’’ to cases, with the option of extending this organizations, and an association of include for-profit limited partnerships period to 36 months; aging services organization, an of which the sole general partner is a • Providing that requirements affordable housing management for-profit corporation or a limited applicable to capital advance units are organization, a community development liability company that is wholly owned not applicable to non-202/811 support organization, and private and controlled by one or more nonprofit supported units in the project, and individuals. None of the commenters organizations; clarifying that the transfer of physical or opposed the rule. Overall the • Requiring that a corporation be financial assets of a Section 202 or commenters were supportive of the ‘‘owned and controlled’’ by a nonprofit Section 811 development is not changes proposed by the March 28, organization in the definition of permitted unless HUD determines that 2012, rule. ‘‘private nonprofit organization,’’ the transfer is part of a transaction that One commenter welcomed HUD to consistent with the Melville Act’s will ensure ‘‘the continued operation of make any other changes that would removal of the term ‘‘wholly owned’’ the capital advance units’’ for at least 40 make easier the process of creating low- from the definition; income housing for seniors and persons • years in a manner that will provide low- Allowing an owner or sponsor of a income housing for the elderly or with disabilities, as the need for such Section 202 development to be an persons with disabilities; housing grows rapidly. Another ‘‘instrumentality of a public body’’; • commenter stated that the rule brought • Permitting noncapital advance Including, as a qualification, an funds to be disbursed before the the requirements of the Section 202 and owner be a single-asset entity, and drawdown of capital advance funds to 811 programs into greater conformance replacing the term ‘‘single-purpose’’ increase the developer’s flexibility in with other programs, which would with ‘‘single-asset,’’ defined as an entity financing the project; and facilitate coordination among programs. in which the mortgaged property is the • Permitting the use of funds for Another commenter stated that the only asset of the owner and has no more paying off bridge or construction most significant of the changes from the than one owner; proposed rule were the revisions • financing or repaying or collateralizing Defining ‘‘substantial bonds. relating to the drawdown of capital rehabilitation’’ as improvements to a grant funds in mixed-finance situations. property that is in a deteriorated or IV. Summary of Significant Changes in The commenter said that greater substandard condition that endangers this Final Rule flexibility in the scheduling of the health, safety, or well-being of the The following changes were made to drawdown of noncapital advance funds residents, but would not include the proposed rule at this final rule stage: would be very helpful. The commenter • Removal of the definitions of also stated that the ability to apply 3 HUD issued a notice (H 2012–8) entitled ‘‘substantial rehabilitation’’ and Section 202 capital advance funds to ‘‘Updated Requirements for Prepayment and repay bridge financing would solve a Refinance of Section 202 Direct Loans’’ on May 4, ‘‘repairs, renovations, and 2012. See http://portal.hud.gov/hudportal/ improvements’’, which also means the serious problem with the existing HUD?src=/program_offices/administration/ removal of the $6500 threshold and the regulations, which the commenter hudclips/notices/hsg. HUD also issued a Notice of minimum useful life of 55 years; stated conflicted with requirements of Funding Availability on May 15, 2012, for the • Re-adding the definition of the Internal Revenue Service. The Section 811 Project Rental Assistance Demonstration program authorized by the Melville ‘‘rehabilitation’’ that was originally in commenter stated that the existing Act (funding provided under the Consolidated and part 891, and adding that an regulations required virtually every Further Continuing Appropriations Act, 2012, improvement of an existing structure mixed-finance project utilizing LIHTC Public Law 112–55, 125 Stat. 552). See http:// requires 15 percent or more of the equity to apply for and obtain a HUD portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/grants/fundsavail/ estimated development cost to waiver in order to utilize tax-exempt nofa12/sec811PRAdemo. rehabilitate the project for a useful life bond proceeds in the manner required

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by the Internal Revenue Code. The exercise the role envisioned by the Melville Act as well as these regulations commenter stated that the proposed Melville Act if the sponsor cannot have is to facilitate use of LIHTCs, and no change would save substantial time and more than two nonvoting members on obvious purpose is served by expense, and reduce uncertainty in the the owner board when it elects to distinguishing between the allowable development process. manage its own Section 202 portfolio of ownership structures for Section 811 Another commenter supported the properties. and Section 202 projects. proposed change to the funding Another commenter applauded HUD In addition, this commenter stated reservation deadline, stating that HUD for the proposed amendment to that by allowing use of a limited recognized the complexity of § 891.130 to establish that the sale of liability corporation (LLC), HUD would assembling all the resources needed to land between related parties is not facilitate nonprofit corporations with construct a Section 202 or Section 811 necessarily deemed to constitute a experience in developing housing and project, which makes it very difficult to conflict of interest, stating that this providing supportive services to persons meet the current 18-month funding change will be particularly helpful with disabilities to join with other reservation deadline, and thus resulted because very often the land for a new nonprofit developers with experience in in a very high frequency of requests to project is most efficiently obtained by LIHTCs to cosponsor and develop such HUD for time extensions. The purchasing excess real estate from an projects, without incorporating new commenter explained that creating and affiliated nonprofit entity. nonprofit corporations to act as the processing extension requests is not a HUD Response. The change to 24 CFR general partner. The commenter stated good use of time for either developer 891.205 allows HUD to determine the that, in California, this would save staff or HUD staff, and the extension of criteria for transferring the significant time and cost that would the basic term to 24 months (with the responsibilities of a single-entity, otherwise be spent in securing tax possibility of extensions to 36 months) nonprofit owner of an individual exempt status for the new nonprofit is much more realistic. development to the governing board of corporation and recognition by the state Another commenter praised the the sponsoring organization. The act of of the eligibility of the new nonprofit removal of the ban on individual unit transferring responsibilities to the sponsor to receive real estate tax balconies and decks, trash compactors, governing board of the sponsor does not exemptions for the proposed project. washers, and dryers in units that are require those board members to also This commenter explained that funded with a HUD capital grant. This replace or become board members of the eliminating this step would therefore commenter stated that HUD recognized owner entity. Therefore, property assist such sponsors in meeting the that in today’s market these amenities management responsibilities may be stringent deadlines imposed by the cannot reasonably be regarded as performed by the sponsor without California Tax Credit Allocation excessive, and instead are essential to adding more than two nonvoting Committee for start of construction of assure long-term marketability and members to the owner board of directors projects that are allocated 9 percent tax economic viability of these properties. and causing a conflict of interest. As credits. This commenter requested that However, the commenters, although stated, the criteria for transferring HUD adopt the same language for supportive of the changes, did raise a responsibilities of an owner will be Section 811 projects as for Section 202 few issues about specific amendments determined by HUD through subsequent projects in these regulations, to allow offered by the March 2012 rule, and guidance. HUD will consider allowing for use of a limited liability company or these issues and HUD’s responses more than two persons salaried by the LLC that is wholly owned and follow. sponsor or management affiliate to serve controlled by one or more nonprofit Comment: Conflict of interest. Two as nonvoting directors on the owner’s organizations as the general partner in a comments addressed the conflict of board of directors. mixed-finance development. interest changes under 24 CFR 891.130. Comment: Definition of private Another commenter stated that the One commenter stated that if a nonprofit organization. Two preamble to the proposed rule creates sponsoring organization of multiple commenters expressed concerns with potential ambiguity regarding the developments is now able to assume the changes to the definition of ‘‘private definition of ‘‘private nonprofit responsibilities for financial compliance nonprofit organization’’. One organization’’. This commenter and administrative responsibilities for commenter explained that according to explained that the preamble stated: ‘‘An the single-entity, nonprofit owner, the the proposed rule, the Section 202 Act additional change made by the Section sponsor should also be able to serve as of 2010 changed the definition to allow 202 Act of 2010 is that the definition property manager for the project. This for ownership of projects by limited will now include for-profit limited commenter said that this kind of partnerships of which the sole general partnerships of which the sole general situation should not be considered a partner is a for-profit corporation or a partner is a for-profit corporation or a conflict of interest under § 891.130, and limited liability company that is wholly limited liability company that is wholly should not be subject to the limitation owned and controlled by one or more owned and controlled by one or more that no more than two persons salaried nonprofit organizations. This nonprofit organizations.’’ The by the sponsor or management affiliate commenter further explained that the commenter found that it is possible to thereof serve as nonvoting directors. proposed rule states that the Melville interpret this sentence as saying that The commenter explained that effective Act did not extend the definition to any for-profit corporation (and not just property management is the key to a include limited liability companies and, a corporation controlled by nonprofit compliant project, and a sponsor with therefore, does not appear to provide for entities) can be the general partner of a multiple projects needs the ability to a limited liability company to be the mixed-finance owner. This commenter serve in this capacity without restriction general partner. This commenter stated explained that while the regulation in order to manage its portfolio. This that while the Melville Act did not itself is clear on this point, it would be commenter stated that since HUD explicitly extend this definition, neither helpful if the preamble to the final rule approves property management fees, did it prohibit liability companies from eliminates the possible ambiguity. there should be no concerns of undue acting as the general partner of a limited HUD Response. The proposed rule financial benefit to the sponsor. This partnership owner. This commenter incorporates the latest statutory changes commenter asked how a sponsor can pointed out that the intent of the to the Section 811 program. The

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Melville Act of 2010 did not add for- only in the subparts of part 891, relating unit standard, or also applies to the 15 profit limited liability companies as an to the old Direct Loan program, which percent-of-estimated-replacement cost eligible general partner. A technical is no longer being funded. The standard. Lastly, the commenter agreed correction to the Melville Act is under commenter stated if a definition of that as suggested by the Federal HUD consideration. ‘‘substantial rehabilitation’’ is needed Register notice, the long-standing With respect to the comment about for current Section 202/811 $6500/unit minimum for ‘‘substantial the potential ambiguity of the definition construction, then HUD should use the rehabilitation’’ needed to be updated of ‘‘nonprofit organization,’’ HUD agrees definition currently contained in the periodically for inflation. that additional clarity would be helpful. MAP Guide and apply the definition HUD Response. For the reasons HUD clarifies that the additional change consistently throughout all of HUD’s provided in the response to the made by the Section 202 Act of 2010 programs. preceding comment, HUD has removed means that the definition of ‘‘nonprofit HUD Response. HUD has revised the the $6500 threshold and the useful life organization’’ will now include for- final rule by eliminating the definitions minimum of 55 years from the final profit limited partnerships, of which the of ‘‘substantial rehabilitation’’ and rule. sole general partner is a for-profit ‘‘repairs, renovations, and Comment: Definition of single asset corporation or a limited liability improvements.’’ Therefore, a $6500 entity. One commenter suggested that company, and that are both wholly threshold no longer applies. The HUD revise the definition of ‘‘single owned and controlled by one or more definition of ‘‘rehabilitation’’ will asset entity’’ to read: ‘‘Single-asset nonprofit organizations. remain in part 891 and will mirror the entity, for the purpose of this subpart, Comment: Definitions of repairs and previous language, except that an means an entity in which the mortgaged substantial rehabilitation. One improvement of an existing structure property is the only asset of the owner, commenter stated that under HUD’s requires 15 percent or more of the and the entity is the only owner of the rule, when funding both ‘‘repairs, estimated development cost to property.’’ replacements, and improvements’’ and rehabilitate the project for a useful life HUD Response. HUD accepts this ‘‘substantial rehabilitation,’’ the of 40 years. HUD agrees with the comment and has revised the definition property is required to achieve a 55-year commenters that 55 years was an over accordingly under § 891.105. useful life, and that an exception to this investment. HUD concluded that it was Comment: Health-related facilities. standard is allowed when rehabilitation reasonable to tie the useful life to the One commenter approved of the is limited to substantially replacing two term of the capital advance. See proposed change to § 891.813, stating or more major building components. § 891.170, entitled ‘‘Repayment of that the change would allow, for mixed- The commenter stated that it did not capital advance.’’ finance project, non-202 funds to be understand the programmatic Comment: Minimum investment and used for health-related facilities, such as significance of designating useful life requirements. HUD infirmaries and nursing stations. This rehabilitation as either ‘‘repairs, specifically solicited public comment commenter stated that this change is a replacements and improvements’’ or on the minimum investment of $6500 helpful step, and furthers HUD’s goal of ‘‘substantial rehabilitation.’’ The and the minimum useful life of 55 years assuring that Section 202 projects can commenter stated that if there is no under the definitions of ‘‘repairs, serve frail seniors. This commenter significance in terms of eligibility, replacements and improvements’’ and requested that HUD recognize the needs financing terms and conditions, or ‘‘substantial rehabilitation’’ (77 FR of the market and of the clientele, as useful life, the definition section could 18725). Two commenters had concerns well as be in line with HUD’s evolving be simplified by eliminating these two about these specific requirements. One policies, and urged HUD to be more definitions. The commenter suggested commenter recommended reducing the open and allow Section 202 costs of that the two definitions could be 55-year useful life requirement to 40 construction to cover designs in replaced by simply imposing a useful years for both ‘‘repairs, replacements accordance with ‘‘universal design’’ life requirement when rehabilitation of and improvements’’ and ‘‘substantial guidelines, to assure that seniors can any amount is performed, with the rehabilitation.’’ The commenter stated continue to function comfortably in proposed exception of the limited that while a 55-year useful life is a their homes as they age. In addition, the replacement of two or more major laudable goal, it does not conform to commenter stated that HUD should be building components. other common standards of useful life of more open to allowing two-bedroom Another commenter found the residential rental property, such as the units to be financed by the Section 202 definition of ‘‘substantial rehabilitation’’ income tax code. The commenter also program, to accommodate low-income to be very long, somewhat confusing, stated that a 55-year useful life standard frail residents who require live-in and inconsistent with the widely used creates incentives to over-invest in caretakers. and more streamlined definition properties to drive up per-unit HUD Response. The most current contained in section 5.12 of the development costs to achieve the longer Section 202 guidelines encourage the Multifamily Accelerated Processing useful life. use of universal design and consider it (MAP) Guide. This commenter stated Another commenter stated that if the as an eligible cost. Universal design is that in the Section 202 context, HUD MAP Guide definition is not adopted in the design of the living environment to has recently used the MAP Guide the final rule, then the concept of be usable by all people regardless of definition of substantial rehabilitation rehabilitating ‘‘to a useful life of 55 ability, without the need for adaptation years’’ is disproportionately high for a or specialized design. Universal design in Notice H2012–84, relating to the $6500 threshold. The commenter stated recognizes the need for living spaces to refinancing of Section 202 direct loans. that any required useful life should not be barrier-free and provide easy This commenter offered that another exceed the term of the capital advance. mobility and independence for people definition was not needed given that the The commenter suggested that HUD with a broad variety of physical needs. term ‘‘substantial rehabilitation’’ is used should clarify the date at which the Universal design is distinct from 4 See http://portal.hud.gov/hudportal/HUD?src=/ useful life period begins and state Federal accessibility requirements program_offices/administration/hudclips/notices/ whether the ‘‘useful life’’ requirement under the Fair Housing Act, Section 504 hsg. pertains only to the $6500 per-dwelling- of the Rehabilitation Act of 1973, and

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titles II and III of the Americans with developments.’’ (See 77 FR 18725, third VII. Findings and Certifications Disabilities Act, as applicable. All column.) Regulatory Review—Executive Order applicable Federal accessibility HUD’s previous regulations had a 13563 requirements must be met in projects blanket prohibition against medical promoting universal design. facilities, as a safeguard against the Executive Order 13563 directs that, HUD will not allow two-bedroom institutionalization of the elderly and where relevant, feasible, and consistent units to be financed by the Section 202 disabled populations. While, through with regulatory objectives, and to the program. However, as part of this final this final rule, HUD removes the extent permitted by law, agencies are to rule, HUD will allow two-bedroom prohibition on certain amenities and identify and consider regulatory resident units, so long as a portion of having healthcare facilities in Section approaches that reduce burdens and the units are financed by other sources. 202 developments, HUD does put in maintain flexibility and freedom of Under § 891.210, resident units may be place of these prohibitions a choice for the public. This rule, two-bedroom units provided that the requirement to include these amenities consistent with Executive Order 13563, square footage in excess of the one- or healthcare facilities. Where lessens restrictions in the Section 202 bedroom size limits are treated as excess healthcare facilities are located in and Section 811 programs, including the amenities as specified in § 891.120. Section 202 developments, use of the removal of some previous prohibitions facilities must be voluntary for the on amenities and healthcare facilities, VI. Costs and Benefits of the New broadens participation through the Program Regulations residents of the projects. Consequently, removing the prohibition on these expansion of the definition of ‘‘private The changes made to the program amenities and facilities is unlikely to nonprofit organization,’’ and regulations governing Section 202/ increase costs to the program, especially streamlines and improves program Section 811 mixed-finance since there is no requirement to provide operations to attract additional private developments are largely directed to these amenities or facilities. With capital and expertise from the private developer community. As provided in expanding flexibility in the program. respect to amenities, the amenities are the discussion in section VI of this The only change in the final rule that those that are fairly standard in today’s preamble, the regulatory changes represents a new requirement for apartments and will benefit the provide significantly more flexibility to program participants is that owners residents of program units and make participants in the development of must provide a smoke detector and HUD units more capable of retaining Sections 202/811 mixed-finance alarm in every bedroom or primary tenants, thereby reducing vacancies. developments. sleeping area. Though this constitutes a While providing the amenities is not new requirement added to the program expected to increase program cost, HUD Regulatory Flexibility Act regulations, it is not a new requirement submits that one benefit may be that the The Regulatory Flexibility Act (RFA) for the majority of owners because wider range of allowable amenities may smoke detectors placed in every (5 U.S.C. 601 et seq.) generally requires combat any discrimination against an agency to conduct a regulatory bedroom or primary sleeping area is subsidized housing by reducing the already required by most local codes.5 flexibility analysis of any rule subject to potential for program-participating units notice and comment rulemaking Apart from establishing this and their occupants to be singled out as requirement, the changes made by this requirements, unless the agency certifies subsidized units within a mixed-finance that the rule will not have a significant final rule are directed to removing development. The voluntary nature of prohibitions and providing more economic impact on a substantial these changes made by this final rule number of small entities. In the mixed- flexibility to owners and investors. The makes it difficult to predict their impact rule removes some previous finance context, this final rule amends on future Section 202/811 mixed- HUD’s Section 202 and 811 program prohibitions on providing certain finance units, as the programs together amenities within Section 202 and regulations governing capital advances, produce only a few hundred for-profit limited partnerships, and Section 811 developments. The final developments a year (193 in 2008, 170 rule allows the program to fund units mixed-finance development methods to in 2009, and 143 in 2010). The overall facilitate the development and that contain dishwashers, trash economic impact from these potentially availability of housing for the elderly compactors, washers and dryers, and only small changes in development and and persons with disabilities. These units that have patios or balconies unit configuration is expected to be regulatory amendments do not impose attached. The final rule also removes the small. any additional regulatory burdens on previous prohibition on having The final rule also provides benefits entities participating in these programs. healthcare facilities in mixed-finance from improving government processes. As has been discussed in the preamble Section 202 developments, but not in For example, extending the time of to this final rule, these amendments Section 811 developments. With respect availability of capital advance funds reduce regulatory burden and increase to Section 811 developments, as stated from 18 to 24 months should limit the flexibility in mixed-financed in the proposed rule, ‘‘HUD recognizes number of waivers HUD needs to developments in order to attract private the importance of maintaining the process as developers regularly exceed capital and expertise to the construction restrictions on prohibited facilities for the 18-month timeline. In 2010, HUD of supportive housing for the elderly Section 811 developments for both processed 49 such waivers in what is and persons with disabilities. These capital advance and non-capital described as a time consuming, case regulatory changes would also advance portions of the project. HUD is specific process, which was 33 percent streamline the use of low-income tax committed to preventing the isolation of of the waivers the program office credits, as well as the obtaining of persons with disabilities that might processed that year. funding from other sources. National, occur should medical facilities be The remaining changes in the final regional, and local developers utilize contained in Section 811 rule are definitional and offer the mixed-finance program and will save time and gain efficiency from no 5 See http://www.usfa.fema.gov/downloads/pdf/ participants greater flexibility and campaigns/smokealarms/ clarity within the program at no obvious longer having to request regulatory smoke_alarm_requirements.pdf. cost to the program or participants. waivers.

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Accordingly, the undersigned certifies List of Subjects in 24 CFR Part 891 of the owner, and the entity is the only that this final rule will not have a owner of the property. Aged, Grant programs—housing and significant economic impact on a * * * * * substantial number of small entities. community development, Individuals with disabilities, Loan programs— ■ 3. In § 891.120, revise paragraphs (a), Environmental Impact housing and community development, (c), and (d) to read as follows: Rent subsidies, Reporting and A Finding of No Significant Impact § 891.120 Project design and cost recordkeeping requirements. standards. with respect to the environment was Accordingly, for the reasons made at the proposed rule stage, in * * * * * discussed in the preamble, HUD amends accordance with HUD regulations at 24 (a) Property standards. Projects under 24 CFR part 891 as follows: CFR part 50, which implement section this part must comply with HUD 102(2)(C) of the National Environmental Minimum Property Standards as set PART 891—SUPPORTIVE HOUSING forth in 24 CFR part 200, subpart S. Policy Act of 1969 (42 U.S.C. FOR THE ELDERLY AND PERSONS * * * * * 4332(2)(C)). That finding remains WITH DISABILITIES applicable to this final rule and is (c) Restrictions on amenities. Projects must be modest in design. Amenities available for public inspection between ■ 1. The authority citation for part 891 not eligible for HUD funding include the hours of 8 a.m. and 5 p.m., continues to read as follows: weekdays, in the Regulations Division, atriums, bowling alleys, swimming Office of General Counsel, Department Authority: 12 U.S.C. 1701q; 42 U.S.C. pools, saunas, and jacuzzis. Sponsors 1437f, 3535(d), and 8013. of Housing and Urban Development, may include certain excess amenities, 451 7th Street SW., Room 10276, ■ 2. In § 891.105, revise the introductory but they must pay for them from sources Washington, DC 20410–0500. Due to text and the definition of other than the Section 202 or 811 capital security measures at the HUD ‘‘rehabilitation,’’ and add the definitions advance. They must also pay for the Headquarters building, please schedule of ‘‘Acquisition with or without repair,’’ continuing operating costs associated an appointment to review the finding by and ‘‘Single-asset entity,’’ in with any excess amenities from sources calling the Regulations Division at 202– alphabetical order to read as follows: other than the Section 202 or 811 708–3055 (this is not a toll-free project rental assistance contract. § 891.105 Definitions. number). (d) Smoke detectors. Smoke detectors The following definitions apply, as and alarm devices must be installed in Executive Order 13132, Federalism appropriate, throughout this part. Other accordance with standards and criteria acceptable to HUD for the protection of Executive Order 13132 (entitled terms with definitions unique to the particular program are defined in occupants in any dwelling or facility ‘‘Federalism’’) prohibits an agency from bedroom or other primary sleeping area. publishing any rule that has federalism §§ 891.205, 891.305, 891.505, and * * * * * implications if the rule either: (1) 891.805, as applicable. ■ Imposes substantial direct compliance Acquisition with or without repair 4. In § 891.130: ■ a. Amend paragraph (a)(2)(ii) by costs on state and local governments means the purchase of existing housing removing the word ‘‘and’’ that follows and is not required by statute, or (2) the and related facilities. the semicolon; rule preempts state law, unless the * * * * * ■ b. Amend paragraph (a)(2)(iii) by agency meets the consultation and Rehabilitation means the removing the period at the end and funding requirements of section 6 of the improvement of the condition of a adding in its place ‘‘;and’’; Executive Order. This rule will not have property from deteriorated or ■ c. Add a new paragraph (a)(2)(iv); and federalism implications and would not substandard to good condition. ■ d. Remove paragraph (c) to read as impose substantial direct compliance Rehabilitation may vary in degree from follows: costs on state and local governments or the gutting and extensive reconstruction preempt state law within the meaning of to the cure of substantial accumulation § 891.130 Prohibited relationships. the Executive Order. of deferred maintenance. Cosmetic * * * * * (a) * * * Unfunded Mandates Reform Act improvements alone do not qualify as rehabilitation under this definition. (2) * * * (iv) Contracts for the sale of land. Title II of the Unfunded Mandates Rehabilitation may also include Reform Act of 1995 (2 U.S.C. 1531– renovation, alteration, or remodeling for * * * * * 1538) (UMRA) establishes requirements the conversion or adaptation of ■ 5. Revise § 891.160 to read as follows: structurally sound property to the for Federal agencies to assess the effects § 891.160 Audit requirements. of their regulatory actions on state, design and condition required for use local, and tribal governments, and on under this part, or the repair or Nonprofit organizations receiving the private sector. This rule does not replacement of major building systems assistance under this part are subject to impose any Federal mandates on any or components in danger of failure. the audit requirements of 24 CFR 5.107. ■ state, local, or tribal governments, or on Improvement of an existing structure 6. Revise § 891.165 to read as follows: the private sector, within the meaning of requires 15 percent or more of the § 891.165 Duration of capital advance. estimated development cost to UMRA. (a) The duration of the fund rehabilitate the project for a useful life reservation for a capital advance with Catalogue of Federal Domestic of 40 years. The useful life period construction advances is 24 months Assistance commences upon execution of a capital from the date of initial closing. This advance agreement. The Catalogue of Federal Domestic duration can be up to 36 months, as Assistance Number for the principal * * * * * approved by HUD on a case-by-case Federal Housing Administration single- Single-asset entity, for the purpose of basis. family mortgage insurance program is this subpart, means an entity in which (b) The duration of the fund 14.117. the mortgaged property is the only asset reservation for projects that elect not to

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receive any capital advance before of the community in which such persons with disabilities under this part. construction completion is 24 months housing is located; and *** from the date of issuance of the award (ii) Which is responsible for the * * * * * letter to the start of construction. This operation of the housing assisted under ■ 11. Revise § 891.805 to read as duration can be up to 36 months, as this section, except that, in the case of follows: approved by HUD on a case-by-case a nonprofit organization that is the basis. sponsoring organization of multiple § 891.805 Definitions. ■ 7. In § 891.170, revise paragraph (b) to housing projects assisted under this In addition to the definitions at read as follows: section, HUD may determine the criteria §§ 891.105, 891.205, and 891.305, the or conditions under which financial, following definitions apply to this § 891.170 Repayment of capital advance. compliance, and other administrative subpart: * * * * * responsibilities exercised by a single- Mixed-finance owner, for the purpose (b) Transfer of assets. The transfer of entity private nonprofit organization of the mixed-finance development of physical and financial assets of any that is the owner corporation of an housing under this part, means a single- project under this part is prohibited, individual housing project may be asset, for-profit limited partnership of unless HUD gives prior written shared or transferred to the governing which a private nonprofit organization approval. Approval for transfer will not board of such sponsoring organization; is the sole general partner. The purpose be granted unless HUD determines that and of the mixed-finance owner must the transfer to a private nonprofit (3) Which is approved by HUD as to include the promotion of the welfare of corporation, consumer cooperative financial responsibility. the elderly or persons with disabilities, (under the Section 202 Program), a as appropriate. * * * * * Private nonprofit organization, for the private nonprofit organization (under Sponsor *** the Section 811 Program), or an purpose of this subpart, means: (3) That is approved by the Secretary (1) In the case of supportive housing organization meeting the definition of as to administrative and financial for the elderly: ‘‘mixed-finance owner’’ in § 891.805, is capacity and responsibility. The term (i) An organization that meets the part of a transaction that will ensure the Sponsor includes an instrumentality of requirements of the definition of continued operation of the capital a public body. ‘‘private nonprofit organization’’ in advance units for not less than 40 years * * * * * § 891.205; and (from the date of original closing) in a (ii) A for-profit limited partnership, ■ manner that will provide rental housing 9. Section 891.210 is revised to read the sole general partner of which owns for very low-income elderly persons or as follows: at least one-hundredth of one percent of persons with disabilities, as applicable, § 891.210 Special project standards. the partnership assets, whereby the sole on terms at least as advantageous to general partner is either: an organization (a) In general. In addition to the existing and future tenants as the terms meeting the requirements of § 891.205 applicable project standards in required by the original capital advance. or a for-profit corporation wholly owned § 891.120, resident units in Section 202 ■ 8. In § 891.205, revise the definitions and controlled by one or more projects are limited to efficiencies or of ‘‘Owner,’’ ‘‘Private nonprofit organizations meeting the requirements one-bedroom units, except as specified organization,’’ and paragraph (3) of the of § 891.205 or a limited liability under paragraph (b) of this section. If a definition of ‘‘Sponsor’’ to read as company wholly owned and controlled resident manager is proposed for a follows: by one or more organizations meeting project, up to two bedrooms could be the requirements of § 891.205. If the § 891.205 Definitions. provided for the resident manager unit. project will include units financed with * * * * * (b) Exception. Resident units in the use of federal Low-Income Housing Owner means a single-asset private Section 202 projects may be two- Tax Credits and the organization is a nonprofit organization that may be bedroom units if a portion of the units limited partnership, the requirements of established by the Sponsor that will are financed by other sources. Resident section 42 of the IRS code, including the receive a capital advance and project units may be two-bedroom units requirements of section 42(h)(5), apply. rental assistance payments to develop provided that the square footage in The general partner may also be the and operate supportive housing for the excess of the one-bedroom size limits sponsor, so long as it meets the elderly as its legal owner. Owner are treated as excess amenities as requirements of this part for sponsors includes an instrumentality of a public specified in § 891.120. and general partners. body. The purposes of the Owner must ■ 10. In § 891.305, revise the heading of (2) In the case of supportive housing include the promotion of the welfare of the definition of ‘‘Nonprofit for persons with disabilities: the elderly. The Owner may not be organization’’ to read ‘‘Private nonprofit (i) An organization that meets the controlled by or be under the direction organization’’ and redesignate the requirements of the definition of of persons or firms seeking to derive definition in correct alphabetical order, ‘‘private nonprofit organization’’ in profit or gain therefrom. and revise the first sentence of the § 891.305; and Private nonprofit organization means definition of ‘‘Owner’’ to read as (ii) A for-profit limited partnership, any incorporated private institution or follows: the sole general partner of which owns foundation: at least one-hundredth of one percent of (1) No part of the net earnings of § 891.305 Definitions. the partnership assets, whereby the sole which inures to the benefit of any * * * * * general partner is either: an organization member, founder, contributor, or Owner means a single-asset private meeting the requirements of § 891.305 individual; nonprofit organization established by or a corporation owned and controlled (2) That has a governing board: the Sponsor that will receive a capital by an organization meeting the (i) The membership of which is advance and project rental assistance requirements of § 891.305. If the project selected in a manner to assure that there payments to develop and operate, as its will include units financed with the use is significant representation of the views legal owner, supportive housing for of federal Low-Income Housing Tax

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Credits and the organization is a limited bonds that was used for capital advance would at times require the Commission partnership, the requirements of section units; and to issue certain preliminary findings on 42 of the IRS code, including the * * * * * the same day that it receives a tribe’s requirements of section 42(h)(5), apply. ■ 14. Revise § 891.832 to read as response to the Office of Self The general partner may also be the follows: Regulation’s recommendation and sponsor, so long as it meets the report; and to correct referencing errors requirements of this part for sponsors § 891.832 Prohibited relationships. in two of its rules. and general partners. (a) Paragraph (a) of § 891.130, DATES: The effective date of these ■ 12. In § 891.813, revise paragraphs (b) describing conflicts of interest, applies regulations is September 1, 2013. and (c) to read as follows: to mixed finance developments. FOR FURTHER INFORMATION CONTACT: John (b) Paragraph (b) of § 891.130, Hay, Senior Attorney, National Indian § 891.813 Eligible uses for assistance describing identity of interest, does not provided under this subpart. Gaming Commission, 1441 L Street apply to mixed-finance developments. NW., Suite 9100, Washington, DC * * * * * ■ 15. Revise § 891.848 to read as 20005. Telephone: 202–632–7003. (b) Assistance under this subpart may follows: not be used for excess amenities, as SUPPLEMENTARY INFORMATION: stated in § 891.120(c), or for Section 202 § 891.848 Project design and cost I. Background ‘‘prohibited facilities,’’ as stated in standards. The Indian Gaming Regulatory Act § 891.220. Such amenities or Section (a) The project design and cost (IGRA or the Act), Public Law 100–497, 202 prohibited facilities may be standards at § 891.120 apply to mixed- 25 U.S.C. 2701 et seq., was signed into included in a mixed-finance finance developments under this law on October 17, 1988. The Act development only if: subpart, with the exception of established the Commission and set out (1) The amenities or prohibited § 891.120(c), subject to the provisions of facilities are not financed, maintained, a comprehensive framework for the § 891.813(b). regulation of gaming on Indian lands. or operated with funds provided under (b) For Section 202 mixed-finance the Section 202 or Section 811 program; While the Act requires the Commission developments, the prohibited facilities to ‘‘monitor class II gaming conducted (2) The amenities or prohibited requirements described at § 891.220 facilities are designed with appropriate on Indian lands on a continuing basis,’’ shall apply to only the capital advance- 25 U.S.C. 2706(b)(1), any Indian tribe safeguards for the residents’ health and funded portion of the Section 202 safety; and which operates a Class II gaming facility mixed-finance developments under this and meets certain other conditions may (3) The assisted residents are not subpart, subject to the provisions of required to use, participate in, or pay a petition the Commission for a certificate § 891.813(b). of self-regulation. 25 U.S.C. 2710(c). The fee for the use or maintenance of the (c) For Section 811 mixed-finance amenities or prohibited facilities, Act authorizes the Commission to developments, the prohibited facilities ‘‘promulgate such regulations and although they are permitted to do so requirements described at § 891.315 voluntarily. Any fee charged for the use, guidelines as it deems appropriate to shall apply to the entire mixed-finance implement’’ IGRA. 25 U.S.C. maintenance, or access to amenities or development. prohibited facilities by residents must 2706(b)(10). Dated: June 17, 2013. be reasonable and affordable for all II. Development of the Rule residents of the development. Carol J. Galante, (c) Notwithstanding any other Assistant Secretary for Housing—Federal On April 4, 2013, the Commission provision of this section, § 891.315 on Housing Commissioner. published a final rule amending its ‘‘prohibited facilities’’ shall apply to [FR Doc. 2013–14721 Filed 6–19–13; 8:45 am] regulations for the review and approval of petitions seeking the issuance of a mixed-finance developments containing BILLING CODE 4210–67–P units assisted under Section 811. certificate for tribal self-regulation of ■ 13. In § 891.830, revise paragraphs (b) Class II gaming. 78 FR 20236, April 4, and (c)(4) to read as follows: DEPARTMENT OF THE INTERIOR 2013. After publication, the Commission discovered that the deadline contained § 891.830 Drawdown. National Indian Gaming Commission in 25 CFR 518.7(c)(5) for tribes to * * * * * respond to the Office of Self (b) Non-capital advance funds may be 25 CFR Part 518 Regulation’s recommendation and disbursed before capital advance report, and the deadline contained in 25 proceeds or the capital advance funds RIN 3141–AA44 CFR 518.7(d) for the Commission to issue preliminary findings to said may be drawn down in an approved Self-Regulation of Class II Gaming ratio to other funds, in accordance with recommendation and report, could a drawdown schedule approved by AGENCY: National Indian Gaming potentially fall on the same day, thus HUD. Commission, Department of the Interior. preventing the Commission from fully (c) * * * ACTION: Final rule; technical and considering the tribal response before it (4) The capital advance funds drawn correcting amendments. has to issue its preliminary findings. down will be used only for eligible costs Therefore, the Commission is revising actually incurred in accordance with the SUMMARY: The National Indian Gaming its regulations to provide that its provisions of this subpart and the Commission (NIGC or Commission) is preliminary findings will be issued 45 approved mixed-finance project, which revising its rules concerning the days after receipt of the include costs stated in 12 U.S.C. issuance of certificates for tribal self- recommendation and report, so that the 1701q(h) and 42 U.S.C. 8013(h). Capital regulation of Class II gaming: To correct Commission has sufficient time to advance funds may be used for paying a section heading in the table of review and consider adequately a tribe’s off bridge or construction financing, or contents; to correct a conflict in the response to said recommendation and repaying or collateralizing bonds, but deadlines contained in one of the report. This revision is consistent with only for the portion of such financing or sections which, if left uncorrected, how the Commission envisioned tribes

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obtaining a certificate of self-regulation Takings eligibility and approval criteria are met. and ensures that all tribal submissions In accordance with Executive Order The Commission’s preliminary findings will be fully considered before the 12630, the Commission has determined will be provided to the tribe within 45 Commission issues a decision. that this proposed rule does not have days of receipt of the report. Additionally, the Commission has significant takings implications. A * * * * * discovered that the final rule published takings implication assessment is not § 518.8 [Amended] on April 4, 2013, contained: An required. incorrect section heading in the part’s ■ 4. In § 518.8(b), remove the reference table of contents; incorrectly referenced Civil Justice Reform ‘‘§ 518.11’’ and add in its place ‘‘§ 518.9 a specific section in one of its rules; and In accordance with Executive Order of this part.’’ that the reference to IGRA contained in 12988, the Commission has determined § 518.10(a) should read ‘‘25 U.S.C. that the rule does not unduly burden the § 518.10 [Amended] 2710(b)(2)(C).’’ Therefore, the judicial system and meets the ■ 5. In § 518.10(a), remove the reference Commission is also revising its requirements of sections 3(a) and 3(b)(2) ‘‘25 U.S.C. 2710(b)(2)(c)’’ and add in its regulations to correct the table of of the Executive Order. place ‘‘25 U.S.C. 2710(b)(2)(C).’’ contents, and to correct the referencing National Environmental Policy Act Tracie L. Stevens, errors in § 518.8(b) and § 518.10(a). The Commission has determined that Chairwoman. III. Certain Findings this rule does not constitute a major Daniel J. Little, Under the Administrative Procedure federal action significantly affecting the Associate Commissioner. Act, a notice of proposed rulemaking is quality of the human environment and [FR Doc. 2013–14669 Filed 6–19–13; 8:45 am] not required when an agency, for good that no detailed statement is required BILLING CODE 7565–01–P cause, finds that notice and public pursuant to the National Environmental comments are impracticable, Policy Act of 1969, 42 U.S.C. 4321, et unnecessary, or contrary to the public seq. DEPARTMENT OF HOMELAND interest. Here, because this rule is not Paperwork Reduction Act SECURITY yet in effect and will not be so until September 1, 2013, and because the The information collection Coast Guard revisions herein are technical in nature requirements contained in this rule and intended to correct inadvertent were previously approved by the Office 33 CFR Part 165 of Management and Budget as required errors, the Commission is publishing a [Docket No. USCG–2013–0415] technical amendment. by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned OMB RIN 1625–AA00 Regulatory Matters Control Number 3141–0008. The OMB Regulatory Flexibility Act control number expires on October 31, Safety Zones; Fourth of July Fireworks 2013. Displays Within the Captain of the Port This rule will not have a significant List of Subjects in 25 CFR Part 518 Charleston Zone, SC economic effect on a substantial number of small entities as defined by the Gambling, Indian-lands, Indian-tribal AGENCY: Coast Guard, DHS. Regulatory Flexibility Act, 5 U.S.C. 601, government, reporting and ACTION: Temporary final rule. et seq. Indian tribes are not considered recordkeeping requirements. to be small entities for purposes of the For the reasons set forth in the SUMMARY: The Coast Guard is Regulatory Flexibility Act. Preamble, the Commission is amending establishing two temporary safety zones 25 CFR part 518 as follows: during Fourth of July Fireworks Small Business Regulatory Enforcement Displays on navigable waterways in Fairness Act PART 518—SELF-REGULATION OF Murrells Inlet, and North Myrtle Beach, South Carolina. These safety zones are This rule is not a major rule under 5 CLASS II GAMING necessary to protect the public from the U.S.C. 804(2), the Small Business ■ 1. The authority citation for part 518 hazards associated with launching Regulatory Enforcement Fairness Act. continues to read as follows: fireworks over navigable waters of the This rule does not have an annual effect United States. Persons and vessels are on the economy of $100 million or Authority: 25 U.S.C. 2706(b)(10); E.O. prohibited from entering, transiting more. This rule will not cause a major 13175. ■ through, anchoring in, or remaining increase in costs or prices for 2. Revise the section heading to within any of the safety zones unless consumers, individual industries, § 518.14 to read as follows: authorized by the Captain of the Port federal, state, or local government § 518.14 May a tribe request a hearing on Charleston or a designated agencies or geographic regions, and does the Commission’s proposal to revoke its representative. not have a significant adverse effect on certificate of self-regulation? competition, employment, investment, * * * * * DATES: This rule is effective from 9 p.m. productivity, innovation, or the ability until 10:30 p.m. on July 4, 2013. ■ 3. Revise § 518.7(d) to read as follows: of U.S.-based enterprises to compete ADDRESSES: Documents mentioned in with foreign-based enterprises. § 518.7 What process will the Commission this preamble are part of docket USCG– use to review and certify petitions? Unfunded Mandate Reform Act 2013–0415. To view documents * * * * * mentioned in this preamble as being The Commission, as an independent (d) After receiving the Office of Self- available in the docket, go to http:// regulatory agency, is exempt from Regulation’s recommendation and www.regulations.gov, type the docket compliance with the Unfunded report, and a tribe’s response to the number in the ‘‘SEARCH’’ box and click Mandates Reform Act, 2 U.S.C. 1502(1); report, the Commission shall issue ‘‘SEARCH.’’ Click on Open Docket 2 U.S.C. 658(1). preliminary findings as to whether the Folder on the line associated with this

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rulemaking. You may also visit the regulated navigation areas and other D. Regulatory Analyses Docket Management Facility in Room limited access areas: 33 U.S.C. 1231; 46 We developed this rule after W12–140 on the ground floor of the U.S.C. Chapter 701, 3306, 3703; 50 considering numerous statutes and Department of Transportation West U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, executive orders related to rulemaking. Building, 1200 New Jersey Avenue SE., 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. Below we summarize our analyses Washington, DC 20590, between 9 a.m. 2064; Department of Homeland Security based on these statutes and executive and 5 p.m., Monday through Friday, Delegation No. 0170.1. orders. except Federal holidays. Multiple fireworks displays are FOR FURTHER INFORMATION CONTACT: If planned for Fourth of July celebrations 1. Regulatory Planning and Review you have questions on this rule, call or throughout the Captain of the Port This rule is not a significant email Ensign Christopher L. Ruleman, Charleston Zone. The fireworks will regulatory action under section 3(f) of Sector Charleston Office of Waterways explode over navigable waters of the Executive Order 12866, Regulatory Management, Coast Guard; telephone United States. The Coast Guard is Planning and Review, as supplemented (843) 740–3184, email establishing two temporary safety zones by Executive Order 13563, Improving [email protected]. If you for Fourth of July Fireworks Displays on Regulation and Regulatory Review, and have questions on viewing or submitting navigable waters of the United States does not require an assessment of material to the docket, call Barbara within the Captain of the Port potential costs and benefits under Hairston, Program Manager, Docket Charleston Zone. The two safety zones section 6(a)(3) of Executive Order 12866 Operations, telephone (202) 366–9826. will be enforced from 9 p.m. until 10:30 or under section 1 of Executive Order SUPPLEMENTARY INFORMATION: p.m. on July 4, 2013. 13563. The Office of Management and Table of Acronyms The purpose of the rule is to protect Budget has not reviewed it under those the public from the hazards associated Orders. The economic impact of this DHS Department of Homeland Security with launching fireworks over navigable rule is not significant for the following FR Federal Register reasons: (1) Each safety zones will be NPRM Notice of Proposed Rulemaking waters of the United States. enforced for a maximum of 1.5 hours; A. Regulatory History and Information C. Discussion of the Rule (2) vessel traffic in the areas is expected The Coast Guard is issuing this The first safety zone is in Murrells to be minimal during the enforcement temporary final rule without prior Inlet, South Carolina. The safety zone periods; (3) although persons and notice and opportunity to comment encompasses all waters within a 500 vessels will not be able to enter, transit pursuant to authority under section 4(a) foot radius around Veterans Pier, from through, anchor in, or remain within of the Administrative Procedure Act which the fireworks will be launched, any of the safety zones without (APA) (5 U.S.C. 553(b)). This provision located on the Atlantic Intracoastal authorization from the Captain of the authorizes an agency to issue a rule Waterway. Port Charleston or a designated representative, they may operate in the without prior notice and opportunity to The second safety zone is in North comment when the agency for good surrounding areas during the Myrtle Beach, South Carolina. The enforcement periods; (4) persons and cause finds that those procedures are safety zone encompasses all waters ‘‘impracticable, unnecessary, or contrary vessels may still enter, transit through, within a 600 foot radius around Cherry anchor in, or remain within the safety to the public interest.’’ Grove Pier, from which the fireworks Under 5 U.S.C. 553(b)(B), the Coast zones if authorized by the Captain of the will be launched, located on the Guard finds that good cause exists for Port Charleston or a designated Atlantic Ocean. not publishing a notice of proposed representative; and (5) the Coast Guard rulemaking (NPRM) with respect to this Persons and vessels are prohibited will provide advance notification of the rule because it is impracticable. The from entering, transiting through, safety zones to the local maritime Coast Guard did not receive necessary anchoring in, or remaining within any community by Broadcast Notice to information from the event sponsors of the safety zones unless authorized by Mariners and Marine Safety Information until recently. As a result, the Coast the Captain of the Port Charleston or a Bulletins. designated representative. Persons and Guard does not have sufficient time to 2. Impact on Small Entities publish an NPRM and to receive public vessels desiring to enter, transit through, comments prior to the fireworks anchor in, or remain within any of the The Regulatory Flexibility Act of 1980 displays. Any delay in the effective date safety zones may contact the Captain of (RFA), 5 U.S.C. 601–612, as amended, of this rule would be contrary to the the Port Charleston via telephone at requires federal agencies to consider the public interest because immediate (843) 740–7050, or a designated potential impact of regulations on small action is needed to minimize potential representative via VHF radio on channel entities during rulemaking. The term danger to the public during the 16, to request authorization. If ‘‘small entities’’ comprises small fireworks displays. authorization to enter, transit through, businesses, not-for-profit organizations Under 5 U.S.C. 553(d)(3), the Coast anchor in, or remain within any of the that are independently owned and Guard finds that good cause exists for safety zones is granted by the Captain of operated and are not dominant in their making this temporary rule effective less the Port Charleston or a designated fields, and governmental jurisdictions than 30 days after publication in the representative, all persons and vessels with populations of less than 50,000. Federal Register. For the same reasons receiving such authorization must The Coast Guard certifies under 5 U.S.C. discussed in the preceding paragraph, comply with the instructions of the 605(b) that this rule will not have a waiting for a 30 day notice period to run Captain of the Port Charleston or a significant economic impact on a would be impracticable and contrary to designated representative. The Coast substantial number of small entities. the public interest. Guard will provide notice of the safety This rule may affect the following zones by Broadcast Notice to Mariners, entities, some of which may be small B. Basis and Purpose Marine Safety Information Bulletins, entities: the owners or operators of The legal basis for the rule is the and on-scene designated vessels intending to enter, transit Coast Guard’s authority to establish representatives. through, anchor in, or remain within

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any of the safety zones described in this 7. Unfunded Mandates Reform Act Management Directive 023–01 and rule during the respective enforcement The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, periods. For the reasons discussed in of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in the Regulatory Planning and Review Federal agencies to assess the effects of complying with the National section above, this rule will not have a their discretionary regulatory actions. In Environmental Policy Act of 1969 significant economic impact on a particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and substantial number of small entities. that may result in the expenditure by a have determined that this action is one of a category of actions that do not 3. Assistance for Small Entities State, local, or tribal government, in the aggregate, or by the private sector of individually or cumulatively have a Under section 213(a) of the Small $100,000,000 (adjusted for inflation) or significant effect on the human Business Regulatory Enforcement more in any one year. Though this rule environment. This rule is categorically Fairness Act of 1996 (Pub. L. 104–121), will not result in such an expenditure, excluded from further review under we want to assist small entities in we do discuss the effects of this rule paragraph 34(g) of Figure 2–1 of the understanding this rule. If the rule elsewhere in this preamble. Commandant Instruction. This rule would affect your small business, involves establishing two temporary organization, or governmental 8. Taking of Private Property safety zones that will be enforced for no jurisdiction and you have questions This rule will not cause a taking of more than 1.5 hours. An environmental concerning its provisions or options for private property or otherwise have analysis checklist and a categorical compliance, please contact the person taking implications under Executive exclusion determination are available in listed in the FOR FURTHER INFORMATION Order 12630, Governmental Actions and the docket where indicated under CONTACT, above. Interference with Constitutionally ADDRESSES. Small businesses may send comments Protected Property Rights. on the actions of Federal employees List of Subjects in 33 CFR Part 165 who enforce, or otherwise determine 9. Civil Justice Reform Harbors, Marine safety, Navigation compliance with, Federal regulations to This rule meets applicable standards (water), Reporting and recordkeeping the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive requirements, Security measures, Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to Waterways. and the Regional Small Business minimize litigation, eliminate For the reasons discussed in the Regulatory Fairness Boards. The ambiguity, and reduce burden. preamble, the Coast Guard amends 33 Ombudsman evaluates these actions CFR part 165 as follows: annually and rates each agency’s 10. Protection of Children responsiveness to small business. If you We have analyzed this rule under PART 165—REGULATED NAVIGATION wish to comment on actions by Executive Order 13045, Protection of AREAS AND LIMITED ACCESS AREAS employees of the Coast Guard, call 1– Children from Environmental Health 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not ■ 1. The authority citation for part 165 Coast Guard will not retaliate against an economically significant rule and continues to read as follows: small entities that question or complain does not create an environmental risk to Authority: 33 U.S.C. 1231; 46 U.S.C. about this rule or any policy or action health or risk to safety that may Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; of the Coast Guard. disproportionately affect children. 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of 4. Collection of Information 11. Indian Tribal Governments Homeland Security Delegation No. 0170.1. This rule will not call for a new This rule does not have tribal ■ 2. Add a temporary § 165.T07–0415 to collection of information under the implications under Executive Order read as follows: Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination U.S.C. 3501–3520). with Indian Tribal Governments, § 165.T07–0415 Safety Zones; Fourth of because it does not have a substantial July Fireworks Displays within the Captain 5. Federalism of the Port Charleston Zone, SC. direct effect on one or more Indian A rule has implications for federalism tribes, on the relationship between the (a) Regulated areas. The following under Executive Order 13132, Federal Government and Indian tribes, regulated areas are safety zones. All Federalism, if it has a substantial direct or on the distribution of power and coordinates are North American Datum effect on the States, on the relationship responsibilities between the Federal 1983. between the national government and Government and Indian tribes. (1) Murrells Inlet, South Carolina. All the States, or on the distribution of waters within a 500 foot radius around power and responsibilities among the 12. Energy Effects Veterans Pier, from which the fireworks various levels of government. We have This action is not a ‘‘significant will be launched, located on the analyzed this rule under that Order and energy action’’ under Executive Order Atlantic Intracoastal Waterway at determined that this rule does not have 13211, Actions Concerning Regulations approximate position 33°33′23″ N, implications for federalism. That Significantly Affect Energy Supply, 79°01′54″ W. Distribution, or Use. (2) North Myrtle Beach, South 6. Protest Activities Carolina. All waters within a 600 foot The Coast Guard respects the First 13. Technical Standards radius around Cherry Grove Pier, from Amendment rights of protesters. This rule does not use technical which the fireworks will be launched, Protesters are asked to contact the standards. Therefore, we did not located on the Atlantic Ocean at person listed in the FOR FURTHER consider the use of voluntary consensus approximate position 33°49′38″ N, INFORMATION CONTACT section to standards. 78°37′54″ W. coordinate protest activities so that your (b) Definition. The term ‘‘designated message can be received without 14. Environment representative’’ means Coast Guard jeopardizing the safety or security of We have analyzed this rule under Patrol Commanders, including Coast people, places or vessels. Department of Homeland Security Guard coxswains, petty officers, and

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other officers operating Coast Guard carbon monoxide (CO), showing addressed the 175A(a) requirements for vessels, and Federal, state, and local continued attainment of the 8-hour CO the CO NAAQS and the State’s officers designated by or assisting the national ambient air quality standard for redesignation requests and associated Captain of the Port Charleston in the the Charlotte, Raleigh/Durham and maintenance plans were ultimately enforcement of the regulated areas. Winston-Salem Areas. EPA is approving approved by EPA for all three of North (c) Regulations. (1) All persons and this SIP revision because the State has Carolina’s CO areas as a result. See 59 vessels are prohibited from entering, demonstrated that the revision is FR 48399 and 60 FR 39258. transiting through, anchoring in, or consistent with the Clean Air Act (CAA Section 175A(b) requires states to remaining within the regulated areas or Act). submit an update to the maintenance unless authorized by the Captain of the DATES: This rule will be effective July plan eight years following the original Port Charleston or a designated 22, 2013. redesignation to attainment. For the section 175A(b) update, the state must representative. ADDRESSES: EPA has established a outline methods for maintaining the (2) Persons and vessels desiring to docket for this action under Docket pertinent NAAQS for ten years after the enter, transit through, anchor in, or Identification No. EPA–R04–OAR– expiration of the ten-year period as remain within the regulated areas may 2012–0961. All documents in the docket referred to in subsection (a) (i.e., North contact the Captain of the Charleston by are listed on the www.regulations.gov Carolina’s maintenance plan updates telephone at (843) 740–7050, or a Web site. Although listed in the index, must outline methods for maintaining designated representative via VHF radio some information is not publicly the CO NAAQS through 2015). NC on channel 16, to request authorization. available, i.e., Confidential Business If authorization to enter, transit through, DENR satisfied the requirements for the Information or other information whose second maintenance plans for all of its anchor in, or remain within the disclosure is restricted by statute. regulated areas is granted by the Captain CO maintenance areas, and EPA Certain other material, such as subsequently approved NC DENR’s of the Port Charleston or a designated copyrighted material, is not placed on representative, all persons and vessels second maintenance plan for each of the the Internet and will be publicly State’s CO maintenance areas. See 71 FR receiving such authorization must available only in hard copy form. comply with the instructions of the 14817, March 24, 2006. Although North Publicly available docket materials are Carolina has previously satisfied the Captain of the Port Charleston or a available either electronically through designated representative. requirements for the 175A(b) www.regulations.gov or in hard copy at maintenance plan updates for all of its (3) The Coast Guard will provide the Regulatory Development Section, notice of the regulated areas by CO areas, the State has elected to Air Planning Branch, Air, Pesticides and convert these maintenance plans to Broadcast Notice to Mariners, Marine Toxics Management Division, U.S. limited maintenance plans.1 A summary Safety Information Bulletins, and on- Environmental Protection Agency, of EPA’s analysis for this revision is scene designated representatives. Region 4, 61 Forsyth Street SW., (d) Effective date. This rule is provided below. Atlanta, Georgia 30303–8960. EPA Finally, with respect to the remaining effective from 9 p.m. until 10:30 p.m. on requests that if at all possible, you July 4, 2013. sub-sections of section 175A, EPA notes contact the person listed in the FOR that sub-section (c) does not apply to Dated: June 6, 2013. FURTHER INFORMATION CONTACT section to this rulemaking, given that EPA has M.F. White, schedule your inspection. The Regional previously redesignated the Charlotte, Captain, U.S. Coast Guard, Captain of the Office’s official hours of business are Raleigh/Durham, and Winston-Salem Port Charleston. Monday through Friday, 8:30 to 4:30 areas to attainment for CO. Section [FR Doc. 2013–14666 Filed 6–19–13; 8:45 am] excluding federal holidays. 175A(d), which includes the BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: contingency provisions requirements Sean Lakeman, Regulatory Development associated with maintenance plans, is Section, Air Planning Branch, Air, relevant to today’s revision and is ENVIRONMENTAL PROTECTION Pesticides and Toxics Management addressed in section A4, below. AGENCY Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street A. Consistency With the October 6, 40 CFR Part 52 SW., Atlanta, Georgia 30303–8960. The 1995, Memorandum telephone number is (404) 562–9043. [EPA–R04–OAR–2012–0961; FRL–9824–5] EPA’s interpretation of section 175A Mr. Lakeman can be reached via of the CAA, as it pertains to limited Approval and Promulgation of Air electronic mail at maintenance plans for CO, is contained Quality Implementation Plans; [email protected]. in the October 6, 1995, Memorandum Charlotte, Raleigh/Durham and SUPPLEMENTARY INFORMATION: from Joseph W. Praise to the Air Branch Winston-Salem Carbon Monoxide Chiefs, Regions I–X, entitled ‘‘Limited Limited Maintenance Plan Table of Contents Maintenance Plan Option for I. Analysis of the State’s Submittal Nonclassifiable CO Nonattainment AGENCY: Environmental Protection II. Response to Comments Areas.’’ See the docket for today’s Agency (EPA). III. Final Action ACTION: Final rule. IV. Statutory and Executive Order Reviews 1 A limited maintenance plan generally includes all the elements for a full section 175A maintenance SUMMARY: EPA is taking final action to I. Analysis of the State’s Submittal plan except that a limited maintenance plan is not required to include motor vehicle emissions approve changes to the North Carolina Section 175A of the Clean Air Act budgets for transportation conformity purposes. For State Implementation Plan (SIP), (CAA) contains four subsections (i.e., more details on limited maintenance plans see the submitted by the State of North Carolina 175A(a)–(d)) pertaining to maintenance October 6, 1995, Memorandum from Joseph W. Department of Environment and Natural plans. Section 175A(a) establishes Praise to the Air Branch Chiefs, Regions I–X, entitled ‘‘Limited Maintenance Plan Option for Resources (NC DENR), on August 2, requirements for the maintenance plans Nonclassifiable CO Nonattainment Areas.’’ A copy 2012. Specifically, the State submitted associated with initial SIP redesignation of the October 6, 1995, Memorandum is included limited maintenance plan updates for requests. North Carolina previously in the docket for today’s rulemaking.

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rulemaking for a copy of this onroad mobile, point, and area sources August 2010, for estimating vehicle memorandum. North Carolina for the Charlotte, Raleigh-Durham, and emissions. addressed the five major elements of Winston-Salem CO Maintenance Areas. Nonroad mobile sources are pieces of that policy, as follows: NC DENR collected or developed the equipment that can move but do not use 1. Attainment Inventory point source emissions inventory from roadways (e.g. lawn mowers, construction equipment, railroad The state is required to develop an stationary sources that have the attainment emissions inventory to potential to emit more than five tons per locomotives, and aircraft). The identify a level of emissions in the area year of CO emissions from a single emissions from this category are which is sufficient to attain the CO facility and are required to have an calculated at the county level using NAAQS. This inventory should be operating permit. The stationary area EPA’s NONROAD2008s nonroad mobile consistent with EPA’s most recent source inventory is estimated on a model, with the exception of railroad guidance on emission inventories for county level and consisted of those locomotives and aircraft engines. The nonattainment areas available at the sources whose emissions are relatively railroad locomotives and aircraft time the SIP is developed and should small, but due to the large number of engines are estimated by taking an include the emissions during the time sources, the collective emissions could activity and multiplying by an emission period associated with the monitoring be significant. North Carolina estimated factor. data showing attainment. It should be the stationary area source emissions by Table 1 displays the 2010 attainment based on actual ‘‘typical CO season day’’ multiplying an emission factor by some year emissions inventory as required for emissions for all source classifications known indicator of collective activity the limited maintenance plans. (i.e., stationary point and area sources (such as fuel usage, number of Appendix B of North Carolina’s SIP and nonroad and onroad mobile households, or population). For on-road submittal provides detailed discussions sources) for the attainment year. In its mobile source emissions, NC DENR regarding the development of emissions August 2, 2012, submittal, NC DENR used EPA’s Motor Vehicle Emission for the four emission source provided a comprehensive CO Simulator (MOVES) model version classifications, and is provided in the emissions inventory for nonroad mobile, 2010a (MOVES2010a), released in docket for today’s rulemaking.

TABLE 1—2010 CO EMISSIONS (TONS/DAY) FOR MAINTENANCE AREAS

County Point source Area source On-Road Nonroad Total

Raleigh-Durham Maintenance Area

Durham ...... 0.97 1.54 186.00 19.04 207.55 Wake ...... 1.17 4.26 642.97 70.62 719.02

Total ...... 2.14 5.80 828.97 89.66 926.57

Winston-Salem Maintenance Area

Forsyth ...... 2.22 1.41 244.16 23.97 271.76

Charlotte Maintenance Area

Mecklenburg ...... 2.39 4.21 724.39 114.71 845.70

2. Maintenance Demonstration this same memorandum that there is no maintenance throughout the In the October 6, 1995, Memorandum, requirement to protect emissions over maintenance period. Monitoring data EPA stated that the maintenance the maintenance period. Instead, EPA from 2008–2011 shows all three areas demonstration requirement is believes that if the area begins the below the 8-hour CO NAAQS values. considered to be satisfied for maintenance period at, or below, 7.65 See Table 2 below. All monitoring levels nonclassifiable areas if the monitoring ppm (85 percent of the 8-hour CO are well below the 85 percent threshold data shows that the area is meeting the NAAQS), the applicability of prevention of 7.65 ppm and therefore the State has air quality criteria for limited of significant deterioration satisfied the maintenance demonstration maintenance areas (i.e., 85 percent of requirements, control measures already requirement for a limited maintenance the eight hour CO NAAQS, or 7.65 parts in the SIP, and other federal measures plan for each of its CO maintenance per million (ppm)). EPA determined in should provide adequate assurance of areas.

TABLE 2—CO 8-HOUR MONITORED CONCENTRATION DESIGN VALUES [ppm]

County Monitor ID 2009 2010 2011 8-Hr NAAQS

Raleigh-Durham Maintenance Area

Wake ...... 371830014 21.3 1.3 1.4 9

2 The Direct Final Rulemaking on February 22, 1.3 ppm. See 78 FR 12238. The value reported by the State was actually 1.2 ppm and the change is 2013, listed the Wake County 2009 design value as reflected in this final rulemaking.

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TABLE 2—CO 8-HOUR MONITORED CONCENTRATION DESIGN VALUES—Continued [ppm]

County Monitor ID 2009 2010 2011 8-Hr NAAQS

Winston-Salem Maintenance Area

Forsyth ...... 370670023 1.7 1.9 2.1 9

Charlotte Maintenance Area

Mecklenburg ...... 371190041 1.7 1.7 1.5 9

3. Monitoring Network and Verification program is required under the CAA for EPA’s October 6, 1995, Memorandum of Continued Attainment the Raleigh-Durham and Winston-Salem states that emissions budgets in limited Once an area has been redesignated, areas as a required control measure maintenance plan areas may be treated the state should continue to operate an prior to the attainment redesignation. as essentially not constraining for the appropriate air quality monitoring Charlotte was placed under the length of the maintenance period network, in accordance with 40 CFR oxygenated fuel program for effective because it is unreasonable to expect that part 58, to verify the attainment status area-wide CO emission reduction and to such an area will experience so much of the area. This is particularly ease State implementation efforts. The growth in that period that a violation of important for areas using a limited contingency measure triggering date the CO NAAQS would result. In other maintenance plan because there will be will be no more than 60 days after an words, EPA concluded that, for these no cap on emissions. In accordance with ambient air quality violation is areas, emissions need not be capped for 40 CFR part 58, NC DENR commits to monitored. NC DENR will commence an the maintenance period. continue monitoring CO at the existing analysis and regulation development In accordance with the transportation regulatory monitors in the three CO process during this time. The State will conformity rule, approval of a limited maintenance areas to ensure that CO consider the following control maintenance plan only removes the concentrations remain well below the measures: requirement to conduct a regional 7.65 ppm threshold for limited a. Amending the oxygenated fuels emissions analysis as part of the maintenance plans. The State’s program by adopting oxygenate content conformity determination. The monitoring plan for 2012 can be found of 2.0 percent to 2.7 percent by weight, requirement to demonstrate conformity at the following site: http:// or activate of the 2.7 percent by eight per the requirements in Table 1 of 40 www.ncair.org/monitor/ pre-adopted contingency measure, or CFR 93.109 still applies. Additionally, monitoring_plan/new_plan/ 2.7 percent to 3.1 percent by weight; federally funded projects are still 2012_NCDAQ_Network_Plan.pdf. EPA b. expanding coverage of oxygenated subject to project level transportation has determined that the State has fuels to include counties where a strong conformity analysis requirements. satisfied the monitoring network and commuting pattern into the core However, no regional modeling analysis verification of continued attainment maintenance area exists; would be required. requirements for the limited c. alternative fuel vehicle programs to Transportation partners should note maintenance plans. include compressed natural gas and this approval of these limited electric vehicles; and, maintenance plans in future 4. Contingency Plan d. employee commute options transportation conformity Section 175A(d) of the CAA requires programs. determinations. Additionally, while the that a maintenance plan include NC DENR committed to implement at approvals of these limited maintenance contingency provisions, as necessary, to least one of the control measures within plans waives the requirements for a promptly correct any violation of the 24 months of the trigger, or as regional emissions analysis for the CO NAAQS that occurs after redesignation expeditiously as practicable. EPA has NAAQS, as mentioned above, it does of an area. The October 6, 1995, determined that the State has satisfied not waive other conformity Memorandum further requires that the the contingency plan requirements requirements for the CO standard for the contingency provisions identify the pursuant to section 175A(d) of the CAA Charlotte, Raleigh-Durham and measures to be adopted, a schedule and as well as those of the October 6, 1995, Winston-Salem areas, and it does not procedure for adoption and Memorandum. waive transportation conformity implementation, and a specific time requirement for other pollutants/ 5. Conformity Determination Under the limit for action by the state. precursors for which these areas may be Limited Maintenance Plan In its August 2, 2012, submittal, NC designated nonattainment or redesigned DENR committed to the same The transportation conformity rule of to attainment with a full maintenance contingency measures that EPA November 24, 1993 (58 FR 62188), and plan. previously approved on March 24, 2006 the general conformity rule of November (71 FR 14817) and a subsequent 30, 1993 (58 FR 63214), apply to II. Response to Comments clarification on June 19, 2007 (72 FR nonattainment areas and maintenance On February 22, 2013 (78 FR 12267), 33692). The State pre-adopted an areas operating under the maintenance EPA published a direct final rule oxygenated fuels program with plans. Under either rule, one means of approving North Carolina’s August 2, minimum oxygen content by weight of demonstrating conformity of federal 2012, SIP submission for a limited 2.7 for Charlotte, Raleigh-Durham, and actions is to indicate that expected maintenance plan update for CO, Winston-Salem maintenance areas as a emissions from planned actions are showing continued attainment of the 8- contingency measure for the CO consistent with the emissions budget for hour CO NAAQS for the Charlotte, maintenance plan. The oxygenated fuel the area. Raleigh/Durham and Winston-Salem

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Areas. EPA published an accompanying MOVES model can be used to estimate • is not a significant regulatory action proposed approval in the event that exhaust and evaporative emissions as subject to Executive Order 13211 (66 FR comments were received such that the well as brake and tire wear emissions 28355, May 22, 2001); direct final rule needed to be from all types of on-road vehicles. The • is not subject to requirements of withdrawn. Specifically, in the direct MOVES model incorporates substantial Section 12(d) of the National final rule, EPA stated that if adverse new emissions test data and accounts Technology Transfer and Advancement comments were received by March 25, for changes in vehicle technology and Act of 1995 (15 U.S.C. 272 note) because 2013, the rule would be withdrawn and regulations as well as improved application of those requirements would not take effect, but that the proposed understanding of in-use emission levels be inconsistent with the CAA; and • rule would still remain in effect and that and the factors that influence them. NC does not provide EPA with the an additional public comment period DENR appropriately utilized the discretionary authority to address, as would not be instituted if EPA could MOVES model to estimate the on-road appropriate, disproportionate human sufficiently address any comments mobile source emissions for the limited health or environmental effects, using received on the direct final rulemaking. maintenance plan for all applicable practicable and legally permissible On March 25, 2013, EPA received vehicles and technologies, for the methods, under Executive Order 12898 comments from a single commenter. Charlotte, Raleigh/Durham and (59 FR 7629, February 16, 1994). The comments could be interpreted as Winston-Salem Areas. In addition, this rule does not have adverse and, therefore, EPA withdrew tribal implications as specified by the direct final rule. A summary of the III. Final Action Executive Order 13175 (65 FR 67249, comments received and EPA’s response EPA is approving the aforementioned November 9, 2000), because the SIP is is provided below. changes to the State of North Carolina not approved to apply in Indian Comment: The commenter stated SIP, because they are consistent with country, and EPA notes that it will not ‘‘were studies conducted to establish the the CAA, and EPA’s policy related to impose substantial direct costs on tribal criteria for labeling as a maintenance limited maintenance plans. governments or preempt tribal law. area? Is there something geographic and The Congressional Review Act, 5 standard about this area.’’ IV. Statutory and Executive Order U.S.C. 801 et seq., as added by the Small Response: This comment is outside of Reviews Business Regulatory Enforcement Fairness Act of 1996, generally provides the scope of today’s action. Nonetheless, Under the CAA, the Administrator is that before a rule may take effect, the EPA notes that the process to designate required to approve a SIP submission agency promulgating the rule must a maintenance area under the CO that complies with the provisions of the submit a rule report, which includes a NAAQS involves an evaluation of Act and applicable federal regulations. copy of the rule, to each House of the specific criteria to determine whether an 42 U.S.C. 7410(k); 40 CFR 52.02(a). Congress and to the Comptroller General area is in compliance or out of Thus, in reviewing SIP submissions, of the United States. EPA will submit a compliance with the CO NAAQS. If an EPA’s role is to approve state choices, report containing this action and other area is determined to be out of provided that they meet the criteria of required information to the U.S. Senate, compliance, EPA then determines an the CAA. Accordingly, this action the U.S. House of Representatives, and appropriate boundary for the area and merely approves state law as meeting designates the area as a the Comptroller General of the United federal requirements and does not States prior to publication of the rule in ‘‘nonattainment’’ area. The designation impose additional requirements beyond process for CO areas was completed in the Federal Register. A major rule those imposed by State law. For that cannot take effect until 60 days after it the early 1990’s. The Charlotte, Raleigh/ reason, this action: Durham and Winston-Salem Areas were is published in the Federal Register. • Is not a ‘‘significant regulatory all designated as nonattainment for the This action is not a ‘‘major rule’’ as action’’ subject to review by the Office CO NAAQS. Once an area is designated defined by 5 U.S.C. 804(2). of Management and Budget under nonattainment, an area can be Under section 307(b)(1) of the CAA, Executive Order 12866 (58 FR 51735, redesignated to ‘‘attainment’’ (i.e., petitions for judicial review of this October 4, 1993); action must be filed in the United States meaning that the area is in compliance • of the NAAQS), if it meets the criteria does not impose an information Court of Appeals for the appropriate of section 107(d)(3)(E) of the CAA. All collection burden under the provisions circuit by August 19, 2013. Filing a three of the North Carolina areas were of the Paperwork Reduction Act (44 petition for reconsideration by the redesignated to ‘‘attainment’’ for the CO U.S.C. 3501 et seq.); Administrator of this final rule does not • NAAQS and are thus considered is certified as not having a affect the finality of this action for the ‘‘maintenance’’ areas. See 59 FR 48399 significant economic impact on a purposes of judicial review nor does it and 60 FR 39258. substantial number of small entities extend the time within which a petition Comment: The commenter questioned under the Regulatory Flexibility Act (5 for judicial review may be filed, and whether the emissions parameters are U.S.C. 601 et seq.); shall not postpone the effectiveness of ‘‘constricting the water vapor potential’’ • does not contain any unfunded such rule or action. Parties with and whether the emissions tolerances mandate or significantly or uniquely objections to this direct final rule are are ‘‘excessive considering most affect small governments, as described encouraged to file any comment in dealerships are manufacturing cars that in the Unfunded Mandates Reform Act response to the parallel notice of use alternative energies and have done of 1995 (Pub. L. 104–4); proposed rulemaking for this action so for approximately 10 years now[?]’’ • does not have Federalism published in the proposed rules section Response: The on-road mobile source implications as specified in Executive of today’s Federal Register, rather than emissions inventory in North Carolina’s Order 13132 (64 FR 43255, August 10, file an immediate petition for judicial limited maintenance plans for the 1999); review of this direct final rule, so that Charlotte, Raleigh/Durham and • is not an economically significant EPA can withdraw this direct final rule Winston-Salem Areas were developed regulatory action based on health or and address the comment in the according to EPA guidelines and with safety risks subject to Executive Order proposed rulemaking. This action may the MOVES emissions model. The 13045 (62 FR 19885, April 23, 1997); not be challenged later in proceedings to

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enforce its requirements. See section Dated: June 7, 2013. Subpart II—North Carolina 307(b)(2). A. Stanley Meiburg, Acting Regional Administrator, Region 4. ■ 2. Section 52.1770(e) is amended by List of Subjects in 40 CFR Part 52 40 CFR part 52 is amended as follows: adding a new entry for ‘‘8-Hour Carbon Environmental protection, Air Monoxide Limited Maintenance Plan for pollution control, Incorporation by PART 52—APPROVAL AND Charlotte, Raleigh/Durham and reference, Intergovernmental relations, PROMULGATION OF Winston-Salem Maintenance Area’’ at Reporting and recordkeeping IMPLEMENTATION PLANS the end of the table to read as follows: requirements, Volatile organic ■ 1. The authority citation for part 52 § 52.1770 Identification of plan. compounds. continues to read as follows: * * * * * Authority: 42 U.S.C. 7401 et seq. (e) * * *

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register citation Explanation

*******

8-Hour Carbon Monoxide Limited Maintenance Plan August 2, 2012 ...... 6/20/2013 ...... [Insert citation of publica- for Charlotte, Raleigh/Durham and Winston-Salem tion] Maintenance Area.

[FR Doc. 2013–14507 Filed 6–19–13; 8:45 am] the www.regulations.gov Web site. follows: (1) Emission limits and other BILLING CODE 6560–50–P Although listed in the index, some control measures; (2) ambient air quality information is not publicly available, monitoring/data system; (3) program for e.g., CBI or other information whose enforcement of control measures; (4) ENVIRONMENTAL PROTECTION disclosure is restricted by statute. interstate transport; (5) adequate AGENCY Certain other material, such as resources; (6) stationary source copyrighted material, is not placed on monitoring system; (7) emergency 40 CFR Part 52 the Internet and will be publicly power; (8) future SIP revisions; (9) [EPA–R02–OAR–2013–0274; FRL–9825–1] available only in hard copy form. consultation with government officials; Publicly available docket materials are (10) public notification; (11) prevention Approval and Promulgation of available either electronically through of significant deterioration (PSD) and Implementation Plans; New York; www.regulations.gov or in hard copy at visibility protection; (12) air quality Infrastructure SIP for the 1997 8-Hour the Environmental Protection Agency, modeling/data; (13) permitting fees; and Ozone and the 1997 and 2006 Fine Region II Office, Air Programs Branch, (14) consultation/participation by Particulate Matter Standards 290 Broadway, 25th Floor, New York, affected local entities. New York 10007–1866. The Air EPA is acting on three New York SIP AGENCY: Environmental Protection Programs Branch dockets are available submittals, dated December 13, 2007, Agency (EPA). from 8:30 a.m. to 4:30 p.m., Monday October 2, 2008 and March 15, 2010, ACTION: Final rule. through Friday, excluding legal which address the section 110 holidays. The Air Programs Branch infrastructure requirements for the three SUMMARY: The Environmental Protection telephone number is 212–637–4249. NAAQS: The 1997 8-hour ozone Agency (EPA) is approving certain FOR FURTHER INFORMATION CONTACT: Kirk NAAQS, the 1997 annual and 24-hour elements of New York’s State J. Wieber, Air Programs Branch, PM2.5 NAAQS, and the 2006 24-hour Implementation Plan (SIP) revisions Environmental Protection Agency, 290 PM2.5 NAAQS. This action does not submitted to demonstrate that the State Broadway, 25th Floor, New York, New address the requirements of section meets the requirements of section York 10007–1866, (212) 637–4249, or by 110(a)(2)(D)(i) for the 1997 ozone and 110(a)(1) and (2) of the Clean Air Act email at [email protected]. 1997 PM2.5 NAAQS, since they were (CAA) for the 1997 8-hour ozone and SUPPLEMENTARY INFORMATION: addressed in previous rulemakings. See the 1997 and 2006 fine particulate January 24, 2008 (73 FR 4109). matter (PM2.5) National Ambient Air I. Background and Purpose Additionally, this action does not Quality Standards (NAAQS). Section Under CAA section 110(a)(1), states address the requirements of section 110(a) of the CAA requires that each are required to submit plans called state 110(a)(2)(D)(i)(I) for the 2006 PM2.5 state adopt and submit a SIP for the implementation plans (SIPs) that NAAQS, which also was addressed in a implementation, maintenance and provide for the implementation, previous EPA rulemaking. See July 20, enforcement of each NAAQS maintenance and enforcement of each 2011 (76 FR 43153). Two elements promulgated by the EPA and is NAAQS and are referred to as identified in section 110(a)(2) are not commonly referred to as an infrastructure SIPs. 42 U.S.C. 7410(a)(1). governed by the three year submission infrastructure SIP. On July 18, 1997, EPA promulgated new deadline of section 110(a)(1) because DATES: Effective Date: This rule is and revised NAAQS for 8-hour ozone SIPs incorporating necessary local effective on July 22, 2013. (62 FR 38856) and PM2.5 (62 FR 38652). nonattainment area controls are not due ADDRESSES: EPA has established a EPA strengthened the 24-hour PM2.5 within three years after promulgation of docket for this action under Docket ID NAAQS on October 17, 2006 (71 FR a new or revised NAAQS, but rather due No. EPA–R02–OAR–2013–0274. All 61144). The 14 elements required to be at the time that the nonattainment area documents in the docket are listed on addressed in infrastructure SIPs are as plan requirements are due pursuant to

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section 172. See 77 FR 46352, 46354 SIP; and, copies of the delegation orders • is not a significant regulatory action (August 3, 2012) (footnote 3); 77 FR or memoranda of understanding subject to Executive Order 13211 (66 FR 60307, 60308 (October 3, 2012) (footnote between the State and the county or 28355, May 22, 2001); 1). These requirements are: (1) local governments or entities. However, • is not subject to requirements of Submissions required by section EPA also proposed in the April 30, 2013 Section 12(d) of the National 110(a)(2)(C) to the extent that subsection action, that in the alternative, should Technology Transfer and Advancement refers to a permit program as required in New York submit the required Act of 1995 (15 U.S.C. 272 note) because part D Title I of the CAA, and (2) information before we take final application of those requirements would submissions required by section rulemaking action, EPA will fully be inconsistent with the Clean Air Act; 110(a)(2)(I) which pertain to the approve section 110(a)(2)(E)(ii) and and • nonattainment planning requirements of E(iii). Therefore, since New York does not provide EPA with the part D, Title I of the CAA. As a result, submitted the required information, discretionary authority to address, as this action does not address the above EPA is approving New York’s submittals appropriate, disproportionate human infrastructure elements related to for the 1997 8-hour ozone and 1997 and health or environmental effects, using section 110(a)(2)(C) or 110(a)(2)(I). 2006 PM2.5 NAAQS for the following practicable and legally permissible EPA proposed action on the three SIP 110(a)(2) sub-elements: E(ii) (state methods, under Executive Order 12898 revisions on April 30, 2013 (78 FR boards and conflict of interest (59 FR 7629, February 16, 1994). 25236) and no comments were received provisions) and E(iii) (delegations). EPA In addition, this rule does not have on the proposal. The reader is referred is also approving POL section 73–a tribal implications as specified by to the April 30, 2013 proposed (2)(a)(i) and (ii) and 19 NYCRR Subpart Executive Order 13175 (65 FR 67249, rulemaking for a detailed discussion of 937.1(a) into the New York SIP for the November 9, 2000), because the SIP is New York’s submittals and EPA’s limited purpose of satisfying Clean Air not approved to apply in Indian country review and proposed actions. Act Section 128(a)(2). located in the state, and EPA notes that In a letter dated May 23, 2013, New it will not impose substantial direct York made a supplemental submittal III. Statutory and Executive Order costs on tribal governments or preempt that addresses the following 110(a)(2) Reviews tribal law. The Congressional Review Act, 5 sub-elements: E(ii) (conflict of interest Under the Clean Air Act, the U.S.C. 801 et seq., as added by the Small provisions) and E(iii) (delegations). Administrator is required to approve a Business Regulatory Enforcement SIP submission that complies with the II. What action is EPA taking? Fairness Act of 1996, generally provides provisions of the Act and applicable EPA is approving New York’s that before a rule may take effect, the Federal regulations. 42 U.S.C. 7410(k); submittals as fully meeting the agency promulgating the rule must 40 CFR 52.02(a). Thus, in reviewing SIP infrastructure requirements for the 1997 submit a rule report, which includes a submissions, EPA’s role is to approve 8-hour ozone and the 1997 and 2006 copy of the rule, to each House of the state choices, provided that they meet PM2.5 NAAQS for the following section Congress and to the Comptroller General the criteria of the Clean Air Act. 110(a)(2) elements and sub-elements: of the United States. EPA will submit a Accordingly, this action merely (A), (B), (C), (D)(i)(II) prongs 3 and 4, report containing this action and other approves state law as meeting Federal (D)(ii), (E)(i), (F), (G), (H), (J), (K), (L), required information to the U.S. Senate, requirements and does not impose and (M). With this approval action, the U.S. House of Representatives, and additional requirements beyond those EPA’s action on October 22, 2008 (73 FR the Comptroller General of the United imposed by state law. For that reason, 62902) for New York has been satisfied. States prior to publication of the rule in this action: New York made a supplemental the Federal Register. A major rule • Is not a ‘‘significant regulatory submittal on May 23, 2013 which cannot take effect until 60 days after it action’’ subject to review by the Office corrects the deficiencies, relevant to is published in the Federal Register. of Management and Budget under sub-elements E(ii) and E(iii), that were This action is not a ‘‘major rule’’ as Executive Order 12866 (58 FR 51735, identified in the April 30, 2013 defined by 5 U.S.C. 804(2). proposed rulemaking action. New October 4, 1993); • Under section 307(b)(1) of the Clean York’s supplemental submittal includes: does not impose an information Air Act, petitions for judicial review of New York Public Officer’s Law (POL) collection burden under the provisions this action must be filed in the United section 73–a, ‘‘Financial disclosure;’’ of the Paperwork Reduction Act (44 States Court of Appeals for the Title 19 of the New York Codes of Rules U.S.C. 3501 et seq.); appropriate circuit by August 19, 2013. • and Regulations (19 NYCRR) Part 937, is certified as not having a Filing a petition for reconsideration by ‘‘Access To Publicly Available significant economic impact on a the Administrator of this final rule does Records;’’ a list identifying entities that substantial number of small entities not affect the finality of this action for received delegated responsibilities for under the Regulatory Flexibility Act (5 the purposes of judicial review nor does implementing and enforcing portions of U.S.C. 601 et seq.); it extend the time within which a • the New York SIP; and, a copy of the does not contain any unfunded petition for judicial review may be filed, ‘‘delegation order.’’ On April 30, 2013, mandate or significantly or uniquely and shall not postpone the effectiveness EPA proposed to conditionally approve affect small governments, as described of such rule or action. This action may New York’s infrastructure SIP in in the Unfunded Mandates Reform Act not be challenged later in proceedings to fulfilling the requirements of section of 1995 (Pub. L. 104–4); enforce its requirements. (See section • 110(a)(2)(E)(ii) and E(iii) for 1997 8-hour does not have Federalism 307(b)(2).) ozone and PM2.5 NAAQS, provided the implications as specified in Executive State committed to submit: POL section Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52 73–a and 19 NYCRR Part 937 for 1999); Environmental protection, Air approval as part of the SIP; a list of the • is not an economically significant pollution control, Incorporation by county or local governments or entities regulatory action based on health or reference, Intergovernmental relations, that have been delegated responsibilities safety risks subject to Executive Order Nitrogen dioxide, Ozone, Particulate to implement or enforce portions of the 13045 (62 FR 19885, April 23, 1997); matter, Reporting and recordkeeping

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requirements, Volatile organic PART 52—APPROVAL AND table in paragraph (c) before the heading compounds. PROMULGATION OF for ‘‘Environmental Conservation Law;’’ ■ Dated: June 5, 2013. IMPLEMENTATION PLANS b. Adding a new heading for ‘‘Public Officers Law’’ and a new entry for Judith A. Enck, ■ 1. The authority citation for part 52 ‘‘Section 73–a, Financial Disclosure’’ to Regional Administrator, Region 2. continues to read as follows: the table in paragraph (c) after the entry Authority: 42 U.S.C. 7401 et seq. for ‘‘Section 19–0325;’’ and, Part 52, chapter I, title 40 of the Code ■ c. Adding a new entry at the end of of Federal Regulations is amended as Subpart HH—New York the table in paragraph (e). follows: The additions read as follows: ■ 2. Section 52.1670 is amended by: ■ a. Adding a new heading for Title 19 § 52.1670 Identification of plan. and a new entry for ‘‘Part 937, Access * * * * * to Publicly Available Records’’ to the (c) * * *

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

State effective New York State regulation date Latest EPA approval date Comments

******* Title 19 Part 937, ‘‘Access To Publicly Avail- 8/27/12 6/20/13 [Insert FR page citation] ...... Only subpart 937.1(a) is approved into able Records’’. the SIP and is for the limited purpose of satisfying Clean Air Act Section 128(a)(2).

******* Public Officers Law Section 73–a, ‘‘Financial disclosure’’ 8/15/11 6/20/13 [Insert FR page citation] ...... Only subsections 73–a (2)(a)(i) and (ii) are approved into the SIP and are for the limited purpose of satisfying Clean Air Act Section 128(a)(2).

* * * * * (e) ** *

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS

Applicable geographic or Action/SIP element nonattainment area New York submittal date EPA approval date Explanation

******* Section 110(a)(2) Infra- Statewide ...... 12/13/07, 10/2/08, 3/15/10 6/20/13 [Insert page num- This action addresses the structure Requirements and supplemented on 5/ ber where the document following CAA elements: for the 1997 8-hour 23/13. begins]. 110(a)(2)(A), (B), (C), ozone and the 1997 and (D)(i)(II) prongs 3 and 4, 2006 PM2.5 NAAQS. (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).

[FR Doc. 2013–14626 Filed 6–19–13; 8:45 am] SUMMARY: The EPA is approving DATES: This final rule is effective on July BILLING CODE 6560–50–P revisions to Oregon’s State 22, 2013. Implementation Plan (SIP) submitted to ADDRESSES: The EPA has established a the EPA by the State of Oregon on docket for this action under Docket ENVIRONMENTAL PROTECTION October 5, 2011, June 8, 2012, and Identification No. EPA–R10–OAR– AGENCY November 28, 2012. The submitted 2012–0494. All documents in the docket 40 CFR Part 52 revisions relate to Oregon’s Heat Smart are listed on the http:// program, rules for enforcement www.regulations.gov Web site. Although [EPA–R10–OAR–2012–0494, FRL–9802–7] procedures and civil penalties, and listed in the index, some information contain minor revisions and may not be publicly available, i.e., Approval and Promulgation of clarifications to general air pollution Confidential Business Information or Implementation Plans; Oregon: Heat definitions, rules for stationary source other information the disclosure of Smart Program and Enforcement notification requirements, and which is restricted by statute. Certain Procedures requirements for fuel burning. The EPA other material, such as copyrighted AGENCY: Environmental Protection is approving these SIP revisions because material, is not placed on the Internet Agency (EPA). the revisions meet the requirements of and will be publicly available only in hard copy form. Publicly available ACTION: Final rule. the Clean Air Act. docket materials are available either

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electronically through http:// burning devices at OAR–340–262–0450. IV. Statutory and Executive Order www.regulations.gov or in hard copy at The second commenter supported the Reviews EPA Region 10, Office of Air, Waste, approval of the Oregon Heat Smart Under the CAA, the Administrator is and Toxics, AWT–107, 1200 Sixth program rules and their contribution to required to approve a SIP submission Avenue, Seattle, Washington 98101. The reduced emissions and improved air that complies with the provisions of the EPA requests that you contact the quality. We agree with this comment Act and applicable Federal regulations. FOR FURTHER person listed in the and no response was necessary. Both 42 U.S.C. 7410(k); 40 CFR 52.02(a). INFORMATION CONTACT section to comments are available in the docket. Thus, in reviewing SIP submissions, the schedule your inspection. The Regional EPA’s role is to approve state choices, III. Final Action Office’s official hours of business are provided that they meet the criteria of Monday through Friday, 8:30 to 4:30, the CAA. Accordingly, this action excluding Federal holidays. The EPA is approving the October 5, 2011, June 8, 2012, and November 28, merely approves state law as meeting FOR FURTHER INFORMATION CONTACT: Federal requirements and does not Justin A. Spenillo at (206) 553–6125, 2012 SIP submittals from the State of Oregon as meeting the requirements of impose additional requirements beyond [email protected], or the above those imposed by state law. For that EPA, Region 10 address. the CAA. Specifically, the EPA is approving revisions to OAR 340–012, reason, this action: SUPPLEMENTARY INFORMATION: • Is not a ‘‘significant regulatory OAR 340–200, OAR 340–210, OAR 340– Throughout this document, wherever action’’ subject to review by the Office 228 and OAR 340–262 because the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is of Management and Budget under intended to refer to the EPA. revisions are consistent with CAA Executive Order 12866 (58 FR 51735, requirements. In addition, the EPA Table of Contents October 4, 1993); approves the removal from the SIP of • does not impose an information I. Background the regulations previously codified at collection burden under the provisions II. Response to Comments OAR 340–262–0010 to OAR 340–262– of the Paperwork Reduction Act (44 III. Final Action 0330 because the citations for these IV. Statutory and Executive Order Reviews U.S.C. 3501 et seq.); regulations have been renumbered. • is certified as not having a I. Background With regard to OAR 340–012, the EPA significant economic impact on a On October 5, 2011, June 8, 2012, and is approving the revisions to OAR 340– substantial number of small entities November 28, 2012, the State of Oregon 012, subject to the following under the Regulatory Flexibility Act (5 submitted revisions to the EPA for U.S.C. 601 et seq.); qualifications. The EPA’s authority to • approval into the Oregon SIP. The approve SIP revisions extends to does not contain any unfunded mandate or significantly or uniquely submitted revisions relate to Oregon’s provisions related to attainment and affect small governments, as described Heat Smart program in Oregon maintenance of the NAAQS and in the Unfunded Mandates Reform Act Administrative Rules (OAR) Chapter carrying out other specific requirements 340, Division 262 (OAR 340–262), the of 1995 (Pub. L. 104–4); of Section 110 of the CAA. Therefore, • does not have Federalism enforcement procedures and civil the EPA is approving the revisions to penalties rules (OAR 340–012), and implications as specified in Executive OAR 340–012 only to the extent they contain minor revisions and Order 13132 (64 FR 43255, August 10, relate to enforcement of requirements clarifications to general air pollution 1999); contained in the Federally-approved • definitions (OAR 340–200), rules for is not an economically significant stationary source notification Oregon SIP. Additionally, the EPA is regulatory action based on health or requirements (OAR 340–210), and not incorporating these rules by safety risks subject to Executive Order requirements for fuel burning (OAR reference into the Code of Federal 13045 (62 FR 19885, April 23, 1997); • 340–228). In a proposed rule published Regulations because the EPA relies on is not a significant regulatory action on February 11, 2013 (78 FR 9651), the its own independent enforcement subject to Executive Order 13211 (66 FR procedures and penalty provisions in 28355, May 22, 2001); EPA proposed to approve these • revisions to the Oregon SIP. An bringing enforcement actions and is not subject to requirements of explanation of the Clean Air Act (CAA) assessing penalties under the CAA. Section 12(d) of the National Technology Transfer and Advancement requirements and implementing The submittals contain an amendment regulations related to these SIP revisions Act of 1995 (15 U.S.C. 272 note) because to OAR 340–200–0040, which describes application of those requirements would and the EPA’s reasons for approving the the State’s procedures for adopting its SIP revisions were provided in the be inconsistent with the CAA; and Clean Air Act Implementation Plan and • does not provide the EPA with the notice of proposed rulemaking on references all of the state air regulations February 11, 2013, and will not be discretionary authority to address, as that have been adopted by the appropriate, disproportionate human restated here. The public comment Environmental Quality Commission for period for this proposed rule ended on health or environmental effects, using approval into the SIP (as a matter of March 13, 2013. practicable and legally permissible state law), whether or not they have yet methods, under Executive Order 12898 II. Response to Comments been submitted to or approved by the (59 FR 7629, February 16, 1994). The EPA received two comments on EPA. We are proposing no action on the In addition, this rule does not have the proposed rule. The first commenter revisions to OAR 340–200–0040 in the tribal implications as specified by requested clarification on the scope of SIP submittal because it is unnecessary Executive Order 13175 (65 FR 67249, the definition of solid fuel burning to take action on a provision addressing November 9, 2000), because the SIP is devices at OAR 340–262–0450. State SIP adoption procedures and not approved to apply in Indian country Specifically, the commenter requested because the Federally-approved SIP located in the state, and the EPA notes and received confirmation from the EPA consists only of regulations and other that it will not impose substantial direct that barbeques and campfires were not requirements that have been submitted costs on tribal governments or preempt included in the definition of solid fuel by ODEQ and approved by the EPA. tribal law.

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The Congressional Review Act, 5 (c) * * * Woodstoves and Other Solid Fuel U.S.C. 801 et seq., as added by the Small (139) * * * Heating Devices: Rule 0400 Purpose and Business Regulatory Enforcement (i) * * * Applicability of Rules; Rule 0500 Fairness Act of 1996, generally provides (D) Based on a SIP revision submitted Certification of Solid Fuel Burning that before a rule may take effect, the by Oregon on October 5, 2011, Oregon Devices for Sale as New; Rule 0700 agency promulgating the rule must Administrative Rules Chapter 340, Removal and Destruction of Used Solid submit a rule report, which includes a Division 262 ‘‘Residential Fuel Burning Devices; Rule 0800 Wood copy of the rule, to each House of the Woodheating,’’ as effective October 14, Burning and Other Heating Devices Congress and to the Comptroller General 1999, the following provisions are Curtailment Program; Rule 0900 of the United States. The EPA will removed from the SIP: 262–0010, 262– Materials Prohibited from Burning. submit a report containing this action 0020, 262–0030, 262–0040, 262–0100, (B) The following sections of the OAR and other required information to the 262–0110, 262–0120, 262–0130, 262– Chapter 340, Division 262, effective May U.S. Senate, the U.S. House of 0200, 262–0210, 262–0220, 262–0230, 17, 2012: Division 262, Heat Smart Representatives, and the Comptroller 262–0240, 262–0250, 262–0300, 262– Program for Residential Woodstoves and General of the United States prior to 0310, 262–0320, 262–0330. Other Solid Fuel Heating Devices: Rule publication of the rule in the Federal (E) Based on a SIP revision submitted 0450 Definitions; Rule 0600 New and Register. A major rule cannot take effect by Oregon on June 8, 2012, Oregon Used Solid Fuel Burning Devices Sold until 60 days after it is published in the Administrative Rules Chapter 340, in Oregon. Federal Register. This action is not a Division 210 ‘‘Stationary Source (ii) Additional Material: ‘‘major rule’’ as defined by 5 U.S.C. Notification Requirements,’’ as effective (A) The following revised sections of 804(2). October 8, 2002, the following Oregon Administrative Rules Chapter Under section 307(b)(1) of the CAA, provisions are removed from the SIP 340, effective November 10, 2008: petitions for judicial review of this and replaced by revised provisions Division 12 Enforcement Procedures action must be filed in the United States effective May 17, 2012: 210–0100, 210– and Civil Penalties: Rule 0030 Court of Appeals for the appropriate 0110, 210–0120, 210–0250. Definitions, Rule 0038 Warning Letters, circuit by August 19, 2013. Filing a * * * * * Pre-Enforcement Notices and Notices of petition for reconsideration by the (153) * * * Permit Violation, Rule 0155 Additional Administrator of this final rule does not (i) * * * or Alternate Civil Penalties, Rule 0170 affect the finality of this action for the (H) Based on a SIP revision submitted Compromise or Settlement of Civil purposes of judicial review nor does it by Oregon on June 8, 2012, Oregon Penalty by Department. extend the time within which a petition Administrative Rules Chapter 340, (B) The following revised sections of for judicial review may be filed, and Division 200 ‘‘General Air Pollution Oregon Administrative Rules Chapter shall not postpone the effectiveness of Procedures and Definitions,’’ the 340, effective March 15, 2011: Division such rule or action. This action may not following provision 340–200–0020, as 12 Enforcement Procedures and Civil be challenged later in proceedings to effective May 1, 2011, is removed from Penalties: Rule 0054 Air Quality enforce its requirements. (See section the SIP and replaced by revised Classifications and Violations, Rule 307(b)(2)). provision 340–200–0020 as effective 0140 Determination of Base Penalty. List of Subjects in 40 CFR Part 52 May 17, 2012. [FR Doc. 2013–14501 Filed 6–19–13; 8:45 am] Environmental protection, Air (I) Based on a SIP revision submitted BILLING CODE 6560–50–P pollution control, Incorporation by by Oregon on June 8, 2012, Oregon reference, Intergovernmental relations, Administrative Rules Chapter 340, Division 228 ‘‘Requirements for Fuel ENVIRONMENTAL PROTECTION Particulate matter, Volatile organic AGENCY compounds, Reporting and Burning Equipment and Fuel Sulfur recordkeeping requirements. Content,’’ the following provisions 228– 0020, 228–0200, 228–0210, as effective 40 CFR Part 52 Dated: April 3, 2013. November 8, 2007, are removed from [EPA–R07–OAR–2013–0233; FRL–9825–6] Dennis J. McLerran, the SIP and replaced by revised Regional Administrator, Region 10. provisions 228–0020, 228–0200, 228– Approval and Promulgation of Part 52, chapter I, title 40 of the Code 0210, as effective May 17, 2012. Implementation Plans; State of of Federal Regulations is amended as * * * * * Kansas; Infrastructure SIP follows: (157) On October 5, 2011, June 8, Requirements for the 1997 and 2006 2012, and November 28, 2012, the Fine Particulate Matter National PART 52—APPROVAL AND Oregon Department of Environmental Ambient Air Quality Standards PROMULGATION OF Quality submitted revisions to the AGENCY: Environmental Protection IMPLEMENTATION PLANS Oregon Administrative Rules (OAR) Agency (EPA). ■ 1. The authority citation for Part 52 Chapter 340 as revisions to the Oregon ACTION: Final rule. continues to read as follows: State Implementation Plan (SIP). The submissions relate to Oregon’s Heat SUMMARY: EPA is finalizing approval of Authority: 42 U.S.C. 7401 et seq. Smart program, enforcement procedures four Kansas State Implementation Plan and civil penalties, general air pollution (SIP) submissions. EPA is approving Subpart MM—Oregon definitions, rules for stationary source portions of two SIP submissions ■ 2. Section 52.1970 is amended by notification requirements, and addressing the applicable infrastructure adding paragraphs (c)(139)(i)(D) and (E), requirements for fuel burning. requirements of the Clean Air Act (CAA) (c)(153)(i)(H) and (I), and (c)(157) to (i) Incorporation by reference. for the 1997 and 2006 National Ambient read as follows: (A) The following sections of the OAR Air Quality Standards (NAAQS) for fine Chapter 340, Division 262, effective particulate matter (PM2.5). These § 52.1970 Identification of plan. March 15, 2011: Division 262, Heat infrastructure requirements are designed * * * * * Smart Program for Residential to ensure that the structural components

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of each state’s air quality management submission on January 8, 2008, requirements to carbon dioxide program are adequate to meet the state’s addressing the infrastructure SIP emissions from bioenergy and other responsibilities under the CAA. EPA is requirements relating to the 1997 PM2.5 biogenic stationary sources. also taking final action to approve two NAAQS. EPA received the second The fourth submission was received additional SIP submissions from submission on April 12, 2010, by EPA on March 19, 2013. This Kansas, one addressing the Prevention addressing the infrastructure SIP submission addresses the conflict of of Significant Deterioration (PSD) requirements relating to the 2006 PM2.5 interest provisions in section 128 of the program in Kansas, and another NAAQS. As originally detailed in the CAA as it relates to element E of the addressing the requirements applicable proposed rulemaking, EPA had infrastructure SIP. In the proposed to any board or body which approves previously approved section rulemaking, EPA proposed to ‘‘parallel permits or enforcement orders of the 110(a)(2)(D)(i)(I) and (II)—Interstate and process’’ the SIP revision relating to CAA, both of which support international transport requirements of these conflict of interest provisions. requirements associated with Kansas’ January 8, 2008, SIP submission Under this procedure, EPA proposed infrastructure SIPs. The rationale for for the 1997 PM2.5 NAAQS (72 FR rulemaking action concurrently with the this action is explained in this notice 10606, May 8, 2007); and EPA State of Kansas’ procedures for and in more detail in the notice of disapproved section 110(a)(2)(D)(i)(I)— approving a SIP submission and proposed rulemaking for this action, Interstate and international transport amending its regulations. Because which was published on April 17, 2013. requirements of Kansas’ April 12, 2010, Kansas did not receive any comments DATES: This rule will be effective July SIP submission for the 2006 PM2.5 during its public comment period and 22, 2013. NAAQS (76 FR 43143, July 20, 2011). therefore the regulation revision ADDRESSES: EPA has established docket Therefore, we did not propose to act on adopted by Kansas is identical to the number EPA–R07–OAR–2013–0233 for those portions in the April 17, 2013, draft regulation which EPA described in this action. All documents in the proposed rule since they had already the proposal, in today’s action EPA is electronic docket are listed in the been acted upon by EPA. With this final finalizing approval of the conflict of http://www.regulations.gov index. action, we will have acted on both the interest provisions. Although listed in the index, some January 8, 2008, and the April 10, 2010, In summary, EPA is taking final information is not publicly available, submissions in their entirety, excluding action today to approve these four SIP submissions from Kansas. The first two i.e., CBI or other information whose those provisions that are not within the submissions address the requirements of disclosure is restricted by statute. scope of today’s rulemaking as CAA sections 110(a)(1) and (2) as Certain other material, such as identified in section IV of the April 17, applicable to the 1997 and 2006 NAAQS copyrighted material, will be publicly 2013, proposed action for both the 1997 for PM2.5. With this final action, we will available only in hard copy. Publicly and 2006 PM2.5 infrastructure SIP have acted on both the 1997 and 2006 available docket materials are available submissions. submissions in their entirety excluding either electronically at http:// The third submission was received by those provisions that are not within the www.regulations.gov or in hard copy at EPA on March 1, 2013. This submission scope of the rulemaking. EPA is also U.S. Environmental Protection Agency, revises the Kansas rule found at Kansas taking final action to approve two Region 7, 11201 Renner Boulevard, Administrative Regulations (KAR) additional SIP submissions from Lenexa, Kansas 66219 from 8:00 a.m. to 29–19–350 ‘‘Prevention of Significant Kansas, one addressing the Prevention 4:30 p.m., Monday through Friday, Deterioration of Air Quality’’ to of Significant Deterioration (PSD) excluding legal holidays. The interested incorporate by reference Federal rule program in Kansas as it relates to PM2.5, persons wanting to examine these changes through July 1, 2011. These unless otherwise noted in EPA’s documents should make an changes implement elements of the proposed action on April 17, 2013 (78 appointment with the office at least 24 Prevention of Significant Deterioration FR 22827), and another SIP revision hours in advance. (PSD) regulations relating to EPA’s 2008 addressing the requirements of section FOR FURTHER INFORMATION CONTACT: Ms. NSR PM2.5 Implementation Rule (73 FR 128 of the CAA, both of which support Lachala Kemp, Air Planning and 28321, May 16, 2008) and certain the requirements associated with Development Branch, U.S. elements of the ‘‘Prevention of infrastructure SIPs. Environmental Protection Agency, Significant Deterioration (PSD) for The public comment period on EPA’s Region 7, 11201 Renner Boulevard, Particulate Matter Less Than 2.5 proposed rule opened April 17, 2013, Lenexa, KS 66219; telephone number: Micrometers (PM2.5)—Increments, the date of its publication in the Federal (913) 551–7214; fax number: (913) 551– Significant Impact Levels (SILs) and Register, and closed on May 17, 2013. 7065; email address: Significant Monitoring Concentration During this period, EPA received one [email protected]. (SMC)’’ rule (75 FR 64864, October 20, comment from a citizen, and one from SUPPLEMENTARY INFORMATION: 2010). On April 2, 2013, Kansas the Kansas Department of Health and Throughout this document whenever amended and clarified its submission so Environment (KDHE). The letters are ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer that it no longer included specific available in the docket to today’s final to EPA. This section provides additional provisions affected by the January 22, rule. The citizen comment was in information by addressing the 2013, U.S. Court of Appeals for the support of EPA’s action, and we following: District of Columbia court decision appreciate the support for this which vacated and remanded the rulemaking. No changes were made to I. Background and Purpose provisions concerning implementation II. EPA’s Response to Comment this final action based on this comment. III. Summary of EPA Final Action of the PM2.5 SILs and vacated the Today’s final action includes EPA’s IV. Statutory and Executive Order Review provisions adding the PM2.5 SMC that response to KDHE’s comment. were promulgated as part of the October I. Background and Purpose II. EPA’s Response to Comment 20, 2010, PM2.5 PSD Rule (Sierra Club On April 17, 2013, EPA proposed to v. EPA, No. 10–1413 (filed December 17, Comment: KDHE commented that approve four Kansas SIP submissions 2010)). In addition, this rule amendment EPA retract certain language in the (78 FR 22827). EPA received the first defers the application of PSD permitting proposed rulemaking for today’s final

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action. The proposed rulemaking stated that complies with the provisions of the agency promulgating the rule must at 78 FR 22838: ‘‘As described under CAA and applicable Federal regulations. submit a rule report, which includes a element C in section V of this 42 U.S.C. 7410(k); 40 CFR 52.02(a). copy of the rule, to each House of the rulemaking, states had an obligation to Thus, in reviewing SIP submissions, Congress and to the Comptroller General address condensable PM emissions as a EPA’s role is to approve state choices, of the United States. EPA will submit a part of the 2008 PM2.5 NSR provided that they meet the criteria of report containing this action and other implementation rule. In Kansas’ March the CAA. Accordingly, this action required information to the U.S. Senate, 1, 2013, SIP submission, Kansas merely approves state law as meeting the U.S. House of Representatives, and incorporated by reference EPA’s Federal requirements and does not the Comptroller General of the United definition for regulated NSR pollutant impose additional requirements beyond States prior to publication of the rule in (formerly at 40 CFR 51.166(b)(49)(vi)), those imposed by state law. For that the Federal Register. A major rule including the term ‘particulate matter reason, this proposed action: cannot take effect until 60 days after it emissions,’ as inadvertently • Is not a ‘‘significant regulatory is published in the Federal Register. promulgated in the 2008 NSR Rule. EPA action’’ subject to review by the Office This action is not a ‘‘major rule’’ as is, however, proposing to approve into of Management and Budget under defined by 5 U.S.C. 804(2). the Kansas SIP the requirement that Executive Order 12866 (58 FR 51735, Under section 307(b)(1) of the CAA, condensable PM be accounted for in October 4, 1993); petitions for judicial review of this • applicability determinations and in does not impose an information action must be filed in the United States establishing emissions limitations for collection burden under the provisions Court of Appeals for the appropriate PM2.5 and PM10 because it is more of the Paperwork Reduction Act (44 circuit by August 19, 2013. Filing a stringent than the Federal requirement. U.S.C. 3501 et seq.); • petition for reconsideration by the Kansas can choose to initiate further is certified as not having a Administrator of this final rule does not rulemaking to ensure consistency with significant economic impact on a affect the finality of this action for the Federal requirements.’’ KDHE contends substantial number of small entities purposes of judicial review nor does it that its March 1, 2013, PSD SIP under the Regulatory Flexibility Act (5 extend the time within which a petition submission was intended to align the U.S.C. 601 et seq.); • for judicial review may be filed, and state’s PSD rules with the Federal rules does not contain any unfunded shall not postpone the effectiveness of and therefore is not more stringent than mandate or significantly or uniquely such rule or action. This action may not Federal requirements. affect small governments, as described be challenged later in proceedings to Response: After evaluating KDHE’s in the Unfunded Mandates Reform Act enforce its requirements. (See section comment, EPA agrees that KDHE’s of 1995 (Pub. L. 104–4); 307(b)(2).) March 1, 2013, submission did not • does not have Federalism include provisions that are more implications as specified in Executive List of Subjects in 40 CFR Part 52 stringent than the Federal requirements. Order 13132 (64 FR 43255, August 10, Environmental protection, Air 1999); III. Summary of EPA Final Action • is not an economically significant pollution control, Incorporation by Based upon review of the State’s regulatory action based on health or reference, Intergovernmental relations, infrastructure SIP submissions for the safety risks subject to Executive Order Particulate matter, Reporting and recordkeeping requirements. 1997 and 2006 PM2.5 NAAQS, and 13045 (62 FR 19885, April 23, 1997); relevant statutory and regulatory • is not a significant regulatory action Dated: June 10, 2013. authorities and provisions referenced in subject to Executive Order 13211 (66 FR Mark Hague, those submissions or referenced in 28355, May 22, 2001); Acting Regional Administrator, Region 7. Kansas’ SIP, EPA believes that Kansas • is not subject to requirements of has the infrastructure to address all section 12(d) of the National Chapter I, title 40 of the Code of applicable required elements of sections Technology Transfer and Advancement Federal Regulations is amended as 110(a)(1) and (2) (except otherwise Act of 1995 (15 U.S.C. 272 note) because follows: noted) to ensure that the 1997 and 2006 application of those requirements would PART 52—[AMENDED] PM2.5 NAAQS are implemented in the be inconsistent with the CAA; and state. Therefore, EPA is taking final • does not provide EPA with the ■ 1. The authority citation for part 52 action to approve Kansas’ infrastructure discretionary authority to address, as continues to read as follows: SIP submissions for the 1997 and 2006 appropriate, disproportionate human NAAQS for PM2.5 for the following health or environmental effects, using Authority: 42 U.S.C. 7401 et seq. section 110(a)(2) elements and sub- practicable and legally permissible Subpart R—Kansas elements: (A), (B), (C), (D)(i)(II) (prongs methods, under Executive Order 12898 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (59 FR 7629, February 16, 1994). ■ 2. In § 52.870: (L), and (M). In addition, EPA is In addition, this rule does not have ■ approving two SIP submissions, one Tribal implications as specified by a. The table in paragraph (c) is addressing the Prevention of Significant Executive Order 13175 (65 FR 67249, amended by revising the entry for 28– Deterioration (PSD) program in Kansas November 9, 2000), because the SIP is 19–350. ■ as it relates to PM2.5, and another SIP not approved to apply in Indian country b. The table in paragraph (e) is revision addressing the requirements of located in the state, and EPA notes that amended by adding new entries (34), section 128 of the CAA, both of which it will not impose substantial direct (35), and (36) in numerical order at the support the requirements associated costs on tribal governments or preempt end of the table. with infrastructure SIPs. tribal law. The revisions and additions read as The Congressional Review Act, 5 follows: IV. Statutory and Executive Order U.S.C. 801 et seq., as added by the Small Review Business Regulatory Enforcement § 52.870 Identification of plan. Under the CAA, the Administrator is Fairness Act of 1996, generally provides * * * * * required to approve a SIP submission that before a rule may take effect, the (c) * * *

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EPA-APPROVED KANSAS REGULATIONS

State effective Kansas citation Title date EPA approval date Explanation

Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control

*******

Construction Permits and Approvals

******* 28–19–350 ...... Prevention of Significant 12/28/2012 6–20–13 ...... Provisions of the 2010 PM2.5 PSD—Increments, Deterioration (PSD) of INSERT FEDERAL REG- SILs and SMCs rule (75 FR 64865, October 20, Air Quality. ISTER PAGE NUMBER 2010) relating to SILs and SMCs that were af- WHERE THE DOCU- fected by the January 22, 2013 U.S. Court of Ap- MENT BEGINS]. peals decision are not SIP approved. Provisions of the 2002 NSR reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping pro- visions for certain sources using the actual-to- projected-actual emissions projections test are not SIP approved. In addition, we have not ap- proved Kansas rule incorporating EPA’s 2007 re- vision of the definition of ‘‘chemical processing plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 (May 1, 2007) or EPA’s 2008 ‘‘fugitive emissions rule,’’ 73 FR 77882 (December 19, 2008).

*******

* * * * * (e) ** *

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of non-regulatory SIP Applicable geographic area or State submittal provision nonattainment area date EPA approval date Explanation

******* (34) Section 110(a)(2) Infra- Statewide ...... 1/08/2008 6–20–13 INSERT CITATION This action addresses the fol- structure Requirements for OF PUBLICATION]. lowing CAA elements: the 1997 PM2.5 NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except as noted. (35) Section 110(a)(2) Infra- Statewide ...... 4/12/2010 6–20–13 [INSERT CITATION This action addresses the fol- structure Requirements for OF PUBLICATION]. lowing CAA elements: the 2006 PM2.5 NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except as noted. (36) Section 128 Declaration: Statewide ...... 3/19/2013 6–20–13 [INSERT CITATION Kansas Department of OF PUBLICATION]. Health and Environment Representation and Con- flicts of Interest Provisions, Kansas Revised Statutes (KSA). KSA 46–221, KSA 46–229, KSA 46–247(c).

[FR Doc. 2013–14627 Filed 6–19–13; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION 2. Email: [email protected]. documents in the docket are listed at AGENCY 3. Mail or deliver: Andrew Steckel www.regulations.gov, some information (Air-4), U.S. Environmental Protection may be publicly available only at the 40 CFR Part 52 Agency Region IX, 75 Hawthorne Street, hard copy location (e.g., copyrighted [EPA–R09–OAR–2013–0362; FRL–9815–5] San Francisco, CA 94105–3901. material, large maps), and some may not Instructions: All comments will be be publicly available in either location Revisions to the California State included in the public docket without (e.g., CBI). To inspect the hard copy Implementation Plan, San Diego Air change and may be made available materials, please schedule an Pollution Control District online at www.regulations.gov, appointment during normal business including any personal information hours with the contact listed in the FOR AGENCY: Environmental Protection provided, unless the comment includes FURTHER INFORMATION CONTACT section. Agency (EPA). Confidential Business Information (CBI) ACTION: Direct final rule. or other information whose disclosure is FOR FURTHER INFORMATION CONTACT: restricted by statute. Information that Nicole Law, EPA Region IX, (415) 947– SUMMARY: EPA is taking direct final you consider CBI or otherwise protected 4126, [email protected]. action to approve a revision to the San should be clearly identified as such and SUPPLEMENTARY INFORMATION: Diego Air Pollution Control District should not be submitted through (SDAPCD) portion of the California Throughout this document, ‘‘we,’’ ‘‘us,’’ www.regulations.gov or email. and ‘‘our’’ refer to EPA. State Implementation Plan (SIP). This www.regulations.gov is an ‘‘anonymous revision concerns volatile organic access’’ system, and EPA will not know Table of Contents compound (VOC) emissions from your identity or contact information architectural coatings. We are approving I. The State’s Submittal unless you provide it in the body of A. What rule did the State submit? a local rule that regulates this emission your comment. If you send email B. Are there other versions of this rule? source under the Clean Air Act (CAA or directly to EPA, your email address will C. What is the purpose of the submitted the Act). be automatically captured and included rule? DATES: This rule is effective on August as part of the public comment. If EPA II. EPA’s Evaluation and Action 19, 2013 without further notice, unless cannot read your comment due to A. How is EPA evaluating the rule? EPA receives adverse comments by July technical difficulties and cannot contact B. Does the rule meet the evaluation 22, 2013. If we receive such comments, you for clarification, EPA may not be criteria? we will publish a timely withdrawal in C. EPA Recommendations to Further able to consider your comment. Improve the Rule the Federal Register to notify the public Electronic files should avoid the use of D. Public Comment and Final Action that this direct final rule will not take special characters, any form of III. Statutory and Executive Order Reviews effect. encryption, and be free of any defects or ADDRESSES: Submit comments, viruses. I. The State’s Submittal identified by docket number EPA–R09– Docket: Generally, documents in the A. What rule did the State submit? OAR–2013–0362, by one of the docket for this action are available following methods: electronically at www.regulations.gov Table 1 lists the rule we are approving 1. Federal eRulemaking Portal: and in hard copy at EPA Region IX, 75 with the dates that it was adopted by the www.regulations.gov. Follow the on- Hawthorne Street, San Francisco, local air agency and submitted by the line instructions. California 94105–3901. While all California Air Resources Board (CARB).

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted

SDAPCD ...... 67.0 Architectural Coatings...... 12/12/01 03/07/08

On April 17, 2008, EPA determined C. What is the purpose of the submitted Techniques Guidelines (CTG) document that the submittal for SDAPCD Rule 67.0 rule? as well as each VOC major stationary met the completeness criteria in 40 CFR VOCs help produce ground-level source in ozone nonattainment areas part 51 Appendix V, which must be met ozone and smog, which harm human classified as moderate or above (see before formal EPA review. health and the environment. Section sections 182(b)(2)), and must not relax existing requirements (see sections B. Are there other versions of this rule? 110(a) of the CAA requires States to submit regulations that control VOC 110(l) and 193). Because SDAPCD Rule 67.0 covers an area source and not a We approved an earlier version of emissions. SDAPCD Rule 67.0 adds stationary source and does not have a Rule 67.0 into the SIP on March 27, several new coating categories and CTG, it does not need to require RACT 1997 (62 FR 14639). The SDAPCD lowers existing VOC limits. EPA’s technical support document (TSD) has controls. adopted revisions to the SIP-approved Guidance and policy documents that more information about this rule. version on December 12, 2001 and we use to evaluate enforceability and CARB submitted them to us on March II. EPA’s Evaluation and Action stringency requirements consistently 7, 2008. While we can act on only the include the following: most recently submitted version, we A. How is EPA evaluating the rule? 1. ‘‘State Implementation Plans; have reviewed materials provided with Generally, SIP rules must be General Preamble for the previous submittals. enforceable (see section 110(a) of the Implementation of Title I of the Clean Act), must require Reasonably Available Air Act Amendments of 1990,’’ 57 FR Control Technology (RACT) for each 13498 (April 16, 1992); 57 FR 18070 category of sources covered by a Control (April 28, 1992).

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2. ‘‘Issues Relating to VOC Regulation • Is not a ‘‘significant regulatory the Federal Register. A major rule Cutpoints, Deficiencies, and action’’ subject to review by the Office cannot take effect until 60 days after it Deviations,’’ EPA, May 25, 1988 (the of Management and Budget under is published in the Federal Register. Bluebook). Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as 3. ‘‘Guidance Document for Correcting October 4, 1993); defined by 5 U.S.C. 804(2). • Common VOC & Other Rule does not impose an information Under section 307(b)(1) of the Clean Deficiencies,’’ EPA Region 9, August 21, collection burden under the provisions Air Act, petitions for judicial review of 2001 (the Little Bluebook). of the Paperwork Reduction Act (44 this action must be filed in the United 4. ‘‘Suggested Control Measure for U.S.C. 3501 et seq.); States Court of Appeals for the • Architectural Coatings,’’ CARB, October is certified as not having a appropriate circuit by August 19, 2013. 2007. significant economic impact on a Filing a petition for reconsideration by B. Does the rule meet the evaluation substantial number of small entities the Administrator of this final rule does criteria? under the Regulatory Flexibility Act (5 not affect the finality of this action for U.S.C. 601 et seq.); the purposes of judicial review nor does We believe this rule is consistent with • does not contain any unfunded it extend the time within which a the relevant policy and guidance mandate or significantly or uniquely regarding enforceability, stringency, and petition for judicial review may be filed, affect small governments, as described and shall not postpone the effectiveness SIP relaxations. The TSD has more in the Unfunded Mandates Reform Act information on our evaluation. of such rule or action. Parties with of 1995 (Pub. L. 104–4); objections to this direct final rule are • C. EPA Recommendations to Further does not have Federalism encouraged to file a comment in Improve the Rule implications as specified in Executive response to the parallel notice of Order 13132 (64 FR 43255, August 10, The TSD describes additional rule proposed rulemaking for this action 1999); revisions that we recommend for the published in the Proposed Rules section • is not an economically significant next time the local agency modifies the of today’s Federal Register, rather than regulatory action based on health or rule. file an immediate petition for judicial safety risks subject to Executive Order review of this direct final rule, so that D. Public Comment and Final Action 13045 (62 FR 19885, April 23, 1997); EPA can withdraw this direct final rule • As authorized in section 110(k)(3) of is not a significant regulatory action and address the comment in the the Act, EPA is fully approving the subject to Executive Order 13211 (66 FR proposed rulemaking. This action may 28355, May 22, 2001); not be challenged later in proceedings to submitted rule because we believe it • fulfills all relevant requirements. We do is not subject to requirements of enforce its requirements (see section not think anyone will object to this Section 12(d) of the National 307(b)(2)). approval, so we are finalizing it without Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 proposing it in advance. However, in Act of 1995 (15 U.S.C. 272 note) because the Proposed Rules section of this application of those requirements would be inconsistent with the Clean Air Act; Environmental protection, Air Federal Register, we are simultaneously pollution control, Incorporation by proposing approval of the same and • does not provide EPA with the reference, Intergovernmental relations, submitted rule. If we receive adverse Ozone, Reporting and recordkeeping comments by July 22, 2013, we will discretionary authority to address disproportionate human health or requirements, Volatile organic publish a timely withdrawal in the compounds. Federal Register to notify the public environmental effects with practical, that the direct final approval will not appropriate, and legally permissible Dated: May 6, 2013. take effect and we will address the methods under Executive Order 12898 Jared Blumenfeld, comments in a subsequent final action (59 FR 7629, February 16, 1994). Regional Administrator, Region IX. based on the proposal. If we do not In addition, this rule does not have Part 52, Chapter I, Title 40 of the Code receive timely adverse comments, the tribal implications as specified by of Federal Regulations is amended as direct final approval will be effective Executive Order 13175 (65 FR 67249, follows: without further notice on August 19, November 9, 2000), because the SIP is not approved to apply in Indian country 2013. This will incorporate the rule into PART 52—[AMENDED] the federally enforceable SIP. located in the State, and EPA notes that it will not impose substantial direct ■ III. Statutory and Executive Order costs on tribal governments or preempt 1. The authority citation for part 52 Reviews tribal law. continues to read as follows: Under the Clean Air Act, the The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. Administrator is required to approve a U.S.C. 801 et seq., as added by the Small SIP submission that complies with the Business Regulatory Enforcement Subpart F—California provisions of the Act and applicable Fairness Act of 1996, generally provides Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the ■ 2. Section 52.220 is amended by 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must adding paragraph (c)(354)(i)(F)(3) to submissions, EPA’s role is to approve submit a rule report, which includes a read as follows: State choices, provided that they meet copy of the rule, to each House of the § 52.220 Identification of plan. the criteria of the Clean Air Act. Congress and to the Comptroller General Accordingly, this action merely of the United States. EPA will submit a * * * * * approves State law as meeting Federal report containing this action and other (c) * * * requirements and does not impose required information to the U.S. Senate, (354) * * * additional requirements beyond those the U.S. House of Representatives, and imposed by State law. For that reason, the Comptroller General of the United (i) * * * this action: States prior to publication of the rule in (F) * * *

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(3) Rule 67.0, ‘‘Architectural (DEP Method 2), 62–297.413 (DEP regulatory text of EPA’s prior Coatings,’’ adopted on December 12, Method 3), 62–297.415 (DEP Method 5), rulemaking for the Florida SIP. For 2001. 62–297.416 (DEP Method 5A), 62– these reasons, EPA finds good cause * * * * * 297.417 (DEP Method 6) and, 62– under APA section 553(d)(3) for this correction to become effective on the [FR Doc. 2013–14511 Filed 6–19–13; 8:45 am] 297.423 (EPA Method 12-Determination of Inorganic Lead Emissions from date of publication of this action. BILLING CODE 6560–50–P Stationary Emission Units). The June 16, Statutory and Executive Order Reviews 1999, final rule approved the removal of Under Executive Order 12866 (58 FR ENVIRONMENTAL PROTECTION the test method rules from the SIP. 51735, October 4, 1993), this action is AGENCY These rules were repealed because they were obsolete. Another rule change not a ‘‘significant regulatory action’’ and 40 CFR Part 52 provided for the incorporation of the therefore is not subject to review by the federally approved American Society for Office of Management and Budget. For [EPA–R04–OAR–2012–0385; FRL–9824–2] Testing and Materials (ASTM) methods. this reason, this action is also not subject to Executive Order 13211, Approval and Promulgation of However, EPA’s regulatory text did not properly indicate that the rules were ‘‘Actions Concerning Regulations That Implementation Plans; Revised Format Significantly Affect Energy Supply, for Materials Being Incorporated by repealed. This action corrects these inadvertent errors. Distribution, or Use’’ (66 FR 28355, May Reference for Florida; Approval of 22, 2001). This action merely corrects an Recodification of the Florida EPA has determined that today’s inadvertent omission in the regulatory Administrative Code; Correcting actions fall under the ‘‘good cause’’ text of EPA’s June 16, 1999, final rule Amendments exemption in section 553(b)(3)(B) of the addressing the recodification of the Administrative Procedure Act (APA) AGENCY: Environmental Protection Florida SIP, and miscellaneous changes which, upon finding ‘‘good cause,’’ and imposes no additional requirements Agency (EPA). authorizes agencies to dispense with ACTION: Correcting amendments. beyond those already imposed by state public participation where public notice law. Accordingly, the Administrator and comment procedures are SUMMARY: On June 16, 1999, EPA certifies that this rule will not have a published a final rule in the Federal impracticable, unnecessary, or contrary significant economic impact on a Register approving a Florida State to the public interest. Public notice and substantial number of small entities Implementation Plan (SIP) revision, comment for this action is unnecessary under the Regulatory Flexibility Act (5 submitted through the Florida because today’s action to correct U.S.C. 601 et seq.). Because this rule Department of Environmental Protection inadvertent regulatory text errors merely corrects an inadvertent omission (FDEP) on April 15, 1996. The included with EPA’s June 16, 1999, final in the regulatory text of EPA’s June 16, submission related to miscellaneous rule are consistent with the substantive 1999, final rules addressing changes and the recodification of the revisions to the Florida SIP described in miscellaneous revisions and the Florida Administrative Code (F.A.C.). In the direct final rule addressing the recodification of F.A.C. to make the SIP addition, the submittal also contained miscellaneous revisions and the less complex and to correct several regulations that were supposed recodification of F.A.C. to make the SIP typographical errors, and does not to be removed from the SIP. EPA’s June less complex and correct typographical impose any additional enforceable duty 16, 1999, action approved the errors. In addition, EPA can identify no beyond that already required by state miscellaneous rule revisions, repeals particular reason why the public would law, it does not contain any unfunded and corrections; however, it failed to be interested in being notified of the mandate or significantly or uniquely ensure the regulatory text reflected all of correction, or in having the opportunity affect small governments, as described the repeals. This correcting amendment to comment on the correction prior to in the Unfunded Mandates Reform Act corrects and clarifies errors in the this action being finalized, since this of 1995 (Public Law 104–4). regulatory language in paragraph (c) of correction action does not change the This rule also does not have tribal EPA’s June 16, 1999, final rule. meaning of EPA’s analysis or action implications because it will not have a addressing the recodification and substantial direct effect on one or more DATES: Effective on June 20, 2013. miscellaneous revisions to the Florida Indian tribes, on the relationship FOR FURTHER INFORMATION CONTACT: SIP. EPA also finds that there is good between the Federal Government and Kelly Sheckler, Air Quality Modeling cause under APA section 553(d)(3) for Indian tribes, or on the distribution of and Transportation Section, Air this correction to become effective on power and responsibilities between the Planning Branch, Air, Pesticides and the date of publication of this action. Federal Government and Indian tribes, Toxics Management Division, U.S. Section 553(d)(3) of the APA allows an as specified by Executive Order 13175 Environmental Protection Agency, effective date less than 30 days after (65 FR 67249, November 9, 2000). This Region 4, 61 Forsyth Street SW., publication ‘‘as otherwise provided by rule also does not have Federalism Atlanta, Georgia 30303–8960. The the agency for good cause found and implications because it does not have telephone number is (404) 562–9222. published with the rule.’’ 5 U.S.C. substantial direct effects on the states, Ms. Sheckler can be reached via 553(d)(3). The purpose of the 30-day on the relationship between the national electronic mail at waiting period prescribed in APA government and the states, or on the [email protected]. section 553(d)(3) is to give affected distribution of power and SUPPLEMENTARY INFORMATION: Today’s parties a reasonable time to adjust their responsibilities among the various action corrects inadvertent errors in behavior and prepare before the final levels of government, as specified in EPA’s June 16, 1999, final rulemaking. rule takes effect. Today’s rule, however, Executive Order 13132 (64 FR 43255, Specifically, this correcting amendment does not create any new regulatory August 10, 1999). This rule merely clarifies that EPA’s June 16, 1999, action requirements such that affected parties corrects inadvertent errors in the approved the State’s implementation would need time to prepare before the regulatory text of EPA’s June 16, 1999, plan revision that repealed F.A.C. rules rule takes effect. Rather, today’s action final rule by removing certain repealed 62–297.411 (DEP Method 1), 62–297.412 merely corrects inadvertent errors in the rules from the regulatory text, and does

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not alter the relationship or the 297.413’’, ‘‘62–297.415’’, ‘‘62–297.416’’, Pollutants From Petroleum Refineries, distribution of power and ‘‘62–297.417’’ and ‘‘62–297.423’’. EPA West Building, Room 3334, 1301 responsibilities established in the CAA. [FR Doc. 2013–14509 Filed 6–19–13; 8:45 am] Constitution Ave. NW., Washington, This rule also is not subject to Executive BILLING CODE 6560–50–P DC. The Public Reading Room is open Order 13045 ‘‘Protection of Children from 8:30 a.m. to 4:30 p.m., Monday from Environmental Health Risks and through Friday, excluding legal Safety Risks’’ (62 FR 19885, April 23, ENVIRONMENTAL PROTECTION holidays. The telephone number for the 1997), because it is not economically AGENCY Public Reading Room is (202) 566–1744, significant. In addition, this rule does and the telephone number for the Air not involve technical standards, thus 40 CFR Part 63 Docket is (202) 566–1742. the requirements of section 12(d) of the [EPA–HQ–OAR–2003–0146; FRL–9751–4] FOR FURTHER INFORMATION CONTACT: Ms. National Technology Transfer and RIN 2060–AP84 Brenda Shine, Office of Air Quality Advancement Act of 1995 (15 U.S.C. Planning and Standards, Sector Policies 272 note) do not apply. This rule also National Emission Standards for and Programs Division, Refining and does not impose an information Hazardous Air Pollutants From Chemicals Group (E143–01), collection burden under the provisions Petroleum Refineries Environmental Protection Agency, of the Paperwork Reduction Act of 1995 Research Triangle Park, NC 27711, (44 U.S.C. 3501 et seq.). AGENCY: Environmental Protection telephone number: (919) 541–3608; fax Agency (EPA). The Congressional Review Act, 5 number: (919) 541–0246; email address: U.S.C. 801 et seq., as added by the Small ACTION: Final rule. [email protected]. SUPPLEMENTARY INFORMATION: The Business Regulatory Enforcement SUMMARY: This action amends the Fairness Act of 1996, generally provides national emission standards for information in this preamble is that before a rule may take effect, the hazardous air pollutants for heat organized as follows: agency promulgating the rule must exchange systems at petroleum I. General Information submit a rule report, which includes a refineries. The amendments address A. Does this action apply to me? copy of the rule, to each House of the issues raised in a petition for B. Where can I get a copy of this document? Congress and to the Comptroller General reconsideration of the EPA’s final rule of the United States. EPA will submit a C. Judicial Review setting maximum achievable control II. Background Information report containing this rule and other technology rules for these systems and required information to the U.S. Senate, A. Executive Summary also provides additional clarity and B. Background of the Refinery NESHAP the U.S. House of Representatives, and regulatory flexibility with regard to that III. Summary of the Final Amendments to the Comptroller General of the United rule. This action does not change the NESHAP for Petroleum Refineries and States prior to publication of the rule in level of environmental protection Changes Since Proposal the Federal Register. A major rule provided under those standards. The IV. Summary of Comments and Responses A. Uniform Standards for Heat Exchange cannot take effect until 60 days after it final amendments do not add any new is published in the Federal Register. Systems cost burdens to the refining industry B. Refinery MACT 1 Requirements for Heat This action is not a ‘‘major rule’’ as and may result in cost savings by defined by 5 U.S.C. 804(2). Exchange Systems establishing an additional monitoring V. Summary of Impacts List of Subjects in 40 CFR Part 52 option that sources may use in lieu of VI. Statutory and Executive Order Reviews the monitoring provided in the original A. Executive Order 12866: Regulatory Environmental protection, Air standard. Planning and Review and Executive Order 13563: Improving Regulation and pollution control, Incorporation by DATES: The final amendments are reference, Intergovernmental relations, Regulatory Review effective on June 20, 2013. The B. Paperwork Reduction Act Reporting and recordkeeping incorporation by reference of certain C. Regulatory Flexibility Act requirements, Volatile organic publications listed in the final rule D. Unfunded Mandates Reform Act compounds. amendments is approved by the Director E. Executive Order 13132: Federalism Dated: June 3, 2013. of the Federal Register as of June 20, F. Executive Order 13175: Consultation 2013. and Coordination with Indian Tribal A. Stanley Meiburg, Governments Acting Regional Administrator, Region 4. ADDRESSES: The EPA has established a G. Executive Order 13045: Protection of docket for this action under Docket ID Children from Environmental Health 40 CFR part 52 is corrected by making No. EPA–HQ–OAR–2003–0146. All Risks and Safety Risks the following correcting amendments: documents in the docket are listed in H. Executive Order 13211: Actions Concerning Regulations That PART 52—APPROVAL AND the www.regulations.gov index. Although listed in the index, some Significantly Affect Energy Supply, PROMULGATION OF Distribution, or Use IMPLEMENTATION PLANS information is not publicly available, I. National Technology Transfer and e.g., confidential business information Advancement Act (CBI) or other information whose ■ 1. The authority citation for part 52 J. Executive Order 12898: Federal Actions disclosure is restricted by statute. to Address Environmental Justice in continues to read as follows: Certain other material, such as Minority Populations and Low-Income Authority: 42 U.S.C. 7401 et seq. copyrighted material, is not placed on Populations the Internet and will be publicly K. Congressional Review Act Subpart K—Florida available only in hard copy form. I. General Information § 52.520 [Amended] Publicly available docket materials are available either electronically in A. Does this action apply to me? ■ 2. Section 52.520(c) is amended under www.regulations.gov or in hard copy at The regulated category and entities Chapter 62–297 by removing the entries the EPA Docket Center, National potentially affected by this final action for ‘‘62–297.411’’, ‘‘62–297.412’’, ‘‘62– Emission Standards for Hazardous Air include:

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NAICS 1 Category Code Examples of regulated entities

Industry ...... 324110 Petroleum refineries located at a major source that are subject to 40 CFR Part 63, subpart CC. 1 North American Industry Classification System.

This table is not intended to be section also provides a mechanism for hydrocarbon concentration (as methane) exhaustive, but rather provides a guide us to convene a proceeding for in the stripping gas of 6.2 ppmv. We for readers regarding entities likely to be reconsideration, ‘‘[i]f the person raising performed modeling of the monitoring regulated by this final rule. To an objection can demonstrate to the EPA alternative and the modeling indicates determine whether your facility is that it was impracticable to raise such that quarterly monitoring at the lower regulated by this action, you should objection within [the period for public leak action level provides equivalent carefully examine the applicability comment] or if the grounds for such emission reductions to monthly criteria in 40 CFR 63.640 of subpart CC objection arose after the period for monitoring at the higher leak action (National Emission Standards for public comment (but within the time level in the existing regulations. These Hazardous Air Pollutants From specified for judicial review) and if such amendments also include specific Petroleum Refineries). If you have any objection is of central relevance to the recordkeeping and reporting questions regarding the applicability of outcome of the rule.’’ Any person requirements for owners and operators this action to a particular entity, contact seeking to make such a demonstration to electing to use the alternative the person listed in the preceding FOR us should submit a Petition for monitoring frequency. FURTHER INFORMATION CONTACT section. Reconsideration to the Office of the The second significant amendment is Administrator, U.S. EPA, Room 3000, the revision to the definition of heat B. Where can I get a copy of this Ariel Rios Building, 1200 Pennsylvania exchange system to improve clarity document? Ave. NW., Washington, DC 20460, with regarding applicability of the In addition to being available in the a copy to both the person(s) listed in the monitoring and repair provisions for docket, an electronic copy of this final preceding FOR FURTHER INFORMATION individual heat exchangers within the action is available on the Worldwide CONTACT section, and the Associate heat exchange system. Web (WWW) through the Technology General Counsel for the Air and The third significant revision is an Transfer Network (TTN). Following Radiation Law Office, Office of General amendment to the monitoring signature, a copy of this final action will Counsel (Mail Code 2344A), U.S. EPA, requirements for once-through cooling be posted on the TTN’s policy and 1200 Pennsylvania Ave. NW., systems to allow monitoring at an guidance page for newly proposed or Washington, DC 20460. aggregated location for once-through promulgated rules at http:// cooling water heat exchange systems, www.epa.gov/ttn/oarpg/. The TTN II. Background Information provided that the combined cooling provides information and technology A. Executive Summary water flow rate at the monitoring exchange in various areas of air location does not exceed 40,000 gallons 1. Purpose of the Regulatory Action pollution control. per minute. The EPA has created a redline This action finalizes amendments that These final amendments do not document comparing the existing were proposed on January 6, 2012, to include the proposed cross-referencing regulatory text of 40 CFR Part 63, address reconsideration issues related to of the Uniform Standards for Heat subpart CC and the final amendments to the maximum achievable control Exchange Systems (40 CFR Part 65, aid the public’s ability to understand technology standards (MACT) for heat subpart L). These final amendments also the changes to the regulatory text. This exchange systems we promulgated on do not include the use of direct water document has been placed in the docket October 28, 2009. This action also sampling methods that were proposed for this rulemaking (Docket ID No. EPA– finalizes additional amendments as alternatives to using the ‘‘Air HQ–OAR–2003–0146). intended to clarify rule provisions and Stripping Method (Modified El Paso to provide additional flexibility. Method) for Determination of Volatile C. Judicial Review Organic Compound Emissions from 2. Summary of Major Provisions Under section 307(b)(1) of the Clean Water Sources’’ (Modified El Paso Air Act (CAA), judicial review of this We are finalizing three significant Method), Revision Number One, dated final rule is available only by filing a revisions to the standards for heat January 2003, Sampling Procedures petition for review in the United States exchange systems that were Manual, Appendix P: Cooling Tower Court of Appeals for the District of promulgated on October 28, 2009. First, Monitoring, January 31, 2003 Columbia Circuit by August 19, 2013. we are revising the regulations to (incorporated by reference—see § 63.14) Under section 307(d)(7)(B) of the CAA, include an alternative monitoring within the Uniform Standards for Heat the requirements established by these option for heat exchange systems that Exchange Systems. The EPA concluded final rules may not be challenged would allow owners and operators at that the alternative as proposed was not separately in any civil or criminal existing sources to monitor quarterly feasible for petroleum refineries and proceedings brought by the EPA to using a leak action level defined as a that alternatives suggested during the enforce these requirements. total strippable hydrocarbon comment period were not equivalent. Section 307(d)(7)(B) of the CAA concentration (as methane) in the further provides that ‘‘[o]nly an stripping gas of 3.1 parts per million by 3. Costs and Benefits objection to a rule or procedure which volume (ppmv); the current regulations The actions we are taking will have was raised with reasonable specificity (40 CFR 63.654) provide only one no cost, environmental, energy or during the period for public comment monitoring option, which requires economic impacts beyond those impacts (including any public hearing) may be monitoring monthly at a leak action presented in the October 2009 final rule raised during judicial review.’’ This level defined as a total strippable for heat exchange systems at petroleum

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refineries and may result in a cost We published the first set of MACT subpart L and amendments to Refinery savings for refiners who select the standards for petroleum refineries (40 MACT 1 (40 CFR Part 63, subpart CC). proposed alternative monitoring CFR Part 63, subpart CC) on August 18, We are not finalizing the Uniform frequency. For sources that choose the 1995 (60 FR 43620). These standards are Standards for Heat Exchange Systems at quarterly monitoring alternative, the commonly referred to as the ‘‘Refinery this time because we are still evaluating cost is projected to be less than the cost MACT 1’’ standards because certain comments received on the March 26, of the monthly monitoring requirement process vents were excluded from this 2012, proposed Uniform Standards for in the October 2009 final rule, while source category and subsequently storage vessels, equipment leaks and achieving the same environmental regulated under a second MACT closed vent system and control devices impacts. Similarly, sources that choose standard specific to these petroleum (see 77 FR 17898). We believe it is to monitor at an aggregated location, for refinery process vents (40 CFR Part 63, appropriate to consider all the the small number of refineries that subpart UUU, referred to as ‘‘Refinery comments received on the Uniform operate once-through systems, will have MACT 2’’). Standards proposed rules together, reduced monitoring costs. The We issued an initial proposed rule to particularly since some of the comments clarifications and other changes we are include requirements for heat exchange received on the March 26, 2012, proposing in response to systems for the petroleum refineries proposal relate to the overall concept reconsideration are cost-neutral. subject to the Refinery MACT 1 on and implementation of Uniform September 4, 2007, and held a public Standards across multiple industry B. Background of the Refinery NESHAP hearing in Houston, Texas, on categories. We are retaining in Refinery Section 112 of the CAA establishes a November 27, 2007. In response to MACT 1 the substantive requirements regulatory process to address emissions public comments on the initial for heat exchange systems. However, we of hazardous air pollutants (HAP) from proposal, we collected additional are revising Refinery MACT 1 to stationary sources. After the EPA has information and revised our analysis of incorporate many of the substantive identified categories of sources emitting the MACT floor. Based on the results of changes in the work practice standards one or more of the HAP listed in section these additional analyses, we issued a for heat exchange systems at petroleum 112(b) of the CAA, section 112(d) calls supplemental proposal on November 10, refineries included in the Uniform for us to promulgate national emission 2008, that proposed a new MACT floor Standards as part of the January 6, 2012, standards for hazardous air pollutants for heat exchange systems. A public proposal. (NESHAP) for those sources. For ‘‘major hearing for the supplemental proposal was held in Research Triangle Park, First, we are amending the definition sources’’ that emit or have the potential of ‘‘heat exchange system’’ based on the to emit any single HAP at a rate of 10 North Carolina, on November 25, 2008. We took final action to establish proposed clarification of the definition tons or more per year or any and the public comments received. As combination of HAP at a rate of 25 tons standards for heat exchange systems in the Refinery MACT 1 standards (40 CFR proposed, we are replacing ‘‘series of or more per year, these technology- Part 63, subpart CC) on October 28, devices’’ with ‘‘collection of devices.’’ based standards must reflect the 2009. In response to comments, we also are maximum reductions of HAP achievable On December 23, 2009, the American amending the definition of ‘‘heat (after considering cost, energy Petroleum Institute (API) requested an exchange system’’ to improve clarity requirements and non-air quality health administrative reconsideration under regarding the applicability of the and environmental impacts) and are CAA section 307(d)(7)(B) of certain monitoring and repair requirements for commonly referred to as MACT provisions of 40 CFR Part 63, subpart individual heat exchangers within the standards. CC that they had identified in an April heat exchange system. Specifically, we For MACT standards, the statute 7, 2009, letter to the EPA. On January are revising the definition of ‘‘heat specifies certain minimum stringency 6, 2012, we issued a proposed rule exchange system’’ to focus on heat requirements, which are referred to as addressing the issues in the exchangers (and not sample coolers) floor requirements. See CAA section reconsideration petition and proposed that are in organic HAP service and that 112(d)(3). Specifically, for new sources, amendments to 40 CFR Part 63, subpart are associated with a petroleum refinery the MACT floor cannot be less stringent CC. As part of the January 6, 2012, process unit. Therefore, we are than the emission control that is proposal, we also proposed Uniform finalizing the definition of ‘‘heat achieved in practice by the best- Standards for Heat Exchange Systems exchange system’’ to mean a device or controlled similar source. The MACT (40 CFR Part 65, subpart L), which collection of devices used to transfer standards for existing sources can be included the same substantive heat from process fluids to water less stringent than standards for new provisions for heat exchange systems without intentional direct contact of the sources, but they cannot be less that were in the October 2009 Refinery process fluid with the water (i.e., non- stringent than the average emission MACT 1 final standards (40 CFR Part contact heat exchanger) and to transport limitation achieved by the best- 63, subpart CC). We proposed to remove and/or cool the water in a closed-loop performing 12 percent of existing from the Refinery MACT 1 standards recirculation system (cooling tower sources in the category or subcategory most of the substantive provisions system) or a once-through system (e.g., (or the best-performing five sources for addressing heat exchange systems and river or pond water). For closed-loop categories or subcategories with fewer to cross-reference the Uniform recirculation systems, the heat exchange than 30 sources). In developing MACT, Standards from Refinery MACT 1. system consists of a cooling tower, all we must also consider control options petroleum refinery process unit heat that are more stringent than the floor. III. Summary of Final Amendments to exchangers that are in organic HAP We may establish standards more NESHAP for Petroleum Refineries and service (as defined in this subpart) stringent than the floor based on the Changes Since Proposal serviced by that cooling tower, and all consideration of the cost of achieving As described in section II.B. of this water lines to and from these petroleum the emissions reductions, any non-air preamble, we proposed, on January 6, refinery process unit heat exchangers. quality health and environmental 2012, Uniform Standards for Heat For once-through systems, the heat impacts and energy requirements. Exchange Systems as 40 CFR Part 65, exchange system consists of all heat

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exchangers that are in organic HAP finalizing this clarification as proposed. estimates required in the semi-annual service (as defined in this subpart) We also proposed clarifications to the reports. We are also clarifying that the servicing an individual petroleum applicability dates for heat exchange delay begins on the date the leak would refinery process unit and all water lines systems at new sources. We are have had to be repaired had the repair to and from these heat exchangers. finalizing these clarifications as not been delayed. We are revising the Sample coolers or pump seal coolers are proposed. recordkeeping requirement for the not considered heat exchangers for the The proposed Uniform Standards at ‘‘identification of all heat exchangers at purpose of this definition and are not 40 CFR 65.610(b) contained three the facility’’ to instead require records part of the heat exchange system. exemptions: one based on pressure for ‘‘identification of all petroleum Intentional direct contact with process differential, one based on not being ‘‘in refinery process unit heat exchangers at fluids results in the formation of a regulated material service,’’ and one the facility’’ commensurate with our wastewater. based on size (targeted to exclude revision of the definition of ‘‘heat In the January 2012 proposal, we sample coolers). As previously noted, exchange system’’ and our desire to included clarifications of the sampling we are not finalizing the Uniform focus the Refinery MACT 1 heat requirements and leak action level for Standards or the cross-references to exchange system requirements on heat once-through heat exchange systems those Uniform Standards from Refinery exchangers associated with petroleum when determining strippable MACT 1. The corresponding section in refinery process units. Finally, we are hydrocarbon concentrations for the inlet Refinery MACT 1 (40 CFR 63.654, specifying that records related to the water stream. We are finalizing these Subpart CC) that we are finalizing in heat exchanger provisions be retained clarifications as proposed. After today’s action contains only two for 5 years, consistent with retention considering public comments, we are exemptions: one based on pressure requirements for other emissions also revising the sampling requirement differential and one for intervening sources. for once-through systems to allow fluid. The exemptions for ‘‘in HAP Today’s final rule also addresses 10 monitoring at an aggregated location for service’’ and small heat exchangers are reconsideration issues raised by the API. once-through heat exchange systems, not needed based on the revised The API requested an administrative provided that the combined cooling definition of ‘‘heat exchange system.’’ reconsideration under CAA section water flow rate at the monitoring These heat exchangers are not part of 307(d)(7)(B) of certain provisions of 40 location does not exceed 40,000 gallons the affected heat exchange system as CFR part 63, subpart CC that they had per minute. that term is defined in these final identified in an April 7, 2009, letter to In the January 2012 proposal, we also amendments. the EPA. As described in detail in the proposed a direct water sampling and We are finalizing several technical January 6, 2012, proposal (see 77 FR analysis option as an alternative to and clarifying corrections in response to 964), we denied API’s request for six of using the ‘‘Air Stripping Method issues identified by public commenters. the reconsideration issues either (Modified El Paso Method) for One of these amendments is in response because they were irrelevant after the Determination of Volatile Organic to a commenter’s request for clarity on subsequent withdrawal of the Compound Emissions from Water how delay of repair emissions are to be amendments to the Refinery MACT 1 Sources’’ (Modified El Paso Method), calculated and for confirmation that the storage vessel requirements or because Revision Number One, dated January emissions should be estimated for the the issues could have been raised during 2003, Sampling Procedures Manual, period of time that the delay of repair the public comment period. We granted Appendix P: Cooling Tower Monitoring, occurred. The October 2009 standards reconsideration on the following issues: January 31, 2003 (incorporated by required the calculation of emissions (1) The use of the promulgation date to reference—see § 63.14), as well as projected for the ‘‘expected duration of describe the applicability for new amendments to the recordkeeping and delay’’ using the monitored leak sources in 40 CFR 63.640(h)(1); (2) the reporting requirements when this concentration. As the heat exchange definition of ‘‘heat exchange system’’ in alternative is elected. After considering system for which repair is delayed must 40 CFR 63.641 as it relates to once- public comments, we are not revising be monitored monthly, we interpret the through heat exchange systems and Refinery MACT 1 to include this rule to require a monthly estimate of the refinery process units; (3) the alternative. emissions projected for the duration of monitoring procedures for once-through In the January 2012 proposal, we the delay of repair. However, the heat exchange systems in 40 CFR included an alternative monitoring reporting requirement is an estimate of frequency for heat exchange systems at the emissions that occur as a result of 63.654(c); and (4) the determination of existing sources. This monitoring delayed repairs over the reporting the cooling water flow rate in 40 CFR frequency is quarterly using a leak period. As such, the owner or operator 63.654(g). This final action reflects our action level defined as a total strippable must actually calculate the emissions reconsideration of issues raised in API’s hydrocarbon concentration (as methane) projected over each monitoring interval request for reconsideration. in the stripping gas of 3.1 ppmv; the and sum these estimates for the period IV. Summary of Comments and only monitoring frequency in existing covered by the semi-annual report. Responses Refinery MACT 1 is monthly at a leak Therefore, in order to better align the action level defined as a total strippable calculation, recordkeeping and A. Uniform Standards for Heat hydrocarbon concentration (as methane) reporting requirements, we have revised Exchange Systems in the stripping gas of 6.2 ppmv. We are the requirement to develop a monthly On January 6, 2012, we proposed revising Refinery MACT 1 to include the emission estimate for ‘‘the duration of Uniform Standards for Heat Exchange alternative monitoring frequency, as the expected delay of repair’’ to require Systems (40 CFR part 65, subpart L). We proposed. calculation of emissions projected for also proposed to remove most of the We proposed a clarification that the ‘‘each monitoring interval.’’ We also substantive requirements for heat water flow rate could be determined revised the recordkeeping requirements exchange systems from Refinery MACT based on direct measurement, pump to keep records of these ‘‘monitoring 1, to include them in the Uniform curves, heat balance calculations or interval’’ emission estimates, which can Standards, and to cross-reference the other engineering methods. We are be directly used to develop the emission Uniform Standards from Refinery

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MACT 1. We received numerous exchangers and heat exchange systems exchangers that are in organic HAP comments on the creation of Uniform to allow both centralized and separate service; other heat exchangers that Standards for Heat Exchange Systems monitoring of heat exchangers (or might be serviced by a common cooling and the proposed cross-referencing to groups of heat exchangers). The tower are not part of the ‘‘heat exchange the Uniform Standards within Refinery flexibility provided in the monitoring system.’’ A similar revision for once- MACT 1 (40 CFR part 63, subpart CC). locations, not the inclusion of the through systems would be ‘‘all heat We are not taking final action to create cooling tower, appears to be the primary exchangers that are in organic HAP Uniform Standards for Heat Exchange source of complexity in the rule. As we service, as defined in this subpart, Systems at this time. We will address allow monitoring of the cooling water at servicing an individual petroleum the comments that focused on the the cooling tower, it is logical that the refinery process unit and all water lines creation of the Uniform Standards in the cooling tower be part of the heat to and from these heat exchangers.’’ context of future Uniform Standards exchange system. Furthermore, the Considering the broad definition of regulatory actions. Section IV.B of this cooling tower is a central and essential ‘‘petroleum refinery process unit’’ and preamble addresses the comments part of a closed-loop heat exchange the existing exclusions in 40 CFR regarding the substance of requirements system for the system to operate 63.640(g), we are finalizing these that we proposed to include in the properly. It is easily identifiable for revisions to the definition of heat Uniform Standards but that we are now permitting and enforcement personnel exchange system because we believe finalizing as part of Refinery MACT 1, and it is the location at which most that these revisions clarify the intent of or requirements proposed in the refineries are expected to perform the the requirements within Refinery MACT Uniform Standards that we have required monitoring. The cooling tower 1 as finalized in October 2009 and limit decided not to finalize as they would is also the location at which the the applicability of the repair apply to heat exchange systems at strippable hydrocarbons are emitted. requirements to individual heat refineries. With respect to limiting the definition exchangers servicing refinery process to heat exchangers that serve petroleum units. B. Refinery MACT 1 Requirements for refining process units, we find that this Heat Exchange Systems Comment: Two commenters suggested comment has merit. Because Refinery that all sample coolers and pump seal 1. Definition of Heat Exchange System MACT 1 is a NESHAP, in this final coolers should be specifically exempted action, we intentionally limited repairs Comment: One commenter supported from the monitoring requirements and/ to heat exchangers that are ‘‘in organic or that the threshold in 40 CFR the proposed change to the definition of HAP service.’’ The rule as finalized in 65.610(b)(3) should be raised from 10 ‘‘heat exchange system’’ that clarifies 2009 also limited applicability by gallons per minute to 50 gallons per that heat exchangers need not be piped defining as part of the affected source minute. The commenters stated that it in series. ‘‘all heat exchange systems associated was burdensome to have to evaluate the Response: We appreciate support of with refinery process units and which flow rate for every sample cooler at the this clarification. are in organic HAP service’’ in 40 CFR refinery in order to assess the Comment: One commenter stated that 63.640(c)(8). While we expect most heat monitoring applicability and that including the cooling tower in the exchange systems at petroleum sample coolers were not considered in definition of ‘‘heat exchange system’’ refineries to process cooling water from the EPA analysis of heat exchange means there can be only one heat heat exchangers associated only with exchange system per cooling tower, and refinery process units, we recognize that systems. this unduly complicates the rule there may be other process units at a Response: In the January 2012 (because the rule has to discuss refinery, particularly ethylene units and proposal, we included an exemption for requirements for individual exchangers units subject to the National Emission very small heat exchange systems (those and groups of exchangers as well as the Standards for Organic Hazardous Air with water flow rates less than 10 heat exchange system). The commenter Pollutants from the Synthetic Organic gallons per minute). This exemption also suggested that the definition be Chemical Manufacturing Industry (40 was specifically targeted to exempt limited to heat exchangers that serve CFR part 63, subpart F) (‘‘HON’’). sample coolers and pump seal coolers petroleum refining process units to We generally prefer not to include because we did not consider these clarify that heat exchangers outside of applicability criteria in emission source coolers significant sources of emissions the affected source are not subject to the definitions, but recognizing the and did not include them in our MACT Refinery MACT 1 requirements, which complexity of the current construct, we floor and impacts analysis for the would be clearer than relying on the considered whether revising the October 2009 final rule. We considered affected source description in 40 CFR definition of heat exchange system providing a higher flow exclusion to 63.640 to limit applicability. Another might increase the clarity of the individual heat exchangers, but this commenter stated that monitoring monitoring and repair requirements for would still require the refinery owners provisions in 40 CFR 63.654(a) should specific heat exchangers within the heat and operators to identify and assess the focus on heat exchangers that service exchange system. Specifically, we flow rates of each sample cooler. After refinery process units because there is considered defining a closed-loop heat reviewing the options, we have no legal basis for applying the rule to exchange system as ‘‘a cooling tower, all concluded that adding language to heat exchangers that service non- petroleum refinery process unit heat specifically exclude sample coolers and refinery processes even if they share a exchangers serviced by that cooling pump seal coolers from the definition of cooling tower. tower that are in organic HAP service, heat exchange system provides the Response: We disagree that including as defined in this subpart, and all water clearest means to ensure that the the cooling tower in the definition of lines to and from these petroleum regulations do not unintentionally heat exchange system creates confusion. refinery process unit heat exchangers.’’ capture these ‘‘coolers’’ that were not Even if the cooling tower were not part The qualifications in this definition considered part of a ‘‘heat exchange of the heat exchange system, the provide clarity that the repair system’’ in our original analysis and that regulatory language would still have to requirements in 40 CFR 63.654 apply we did not intend to be monitored discuss heat exchangers, groups of heat only to refinery process unit heat under the Refinery MACT 1 regulations.

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See the new regulatory definition at 40 extrapolating (considering capacity) to exchange systems that have flow rates CFR 63.641 for heat exchange system. all U.S. petroleum refineries. Based on less than 5,000 gallons per minute are Comment: One commenter suggested this analysis, every refinery was common at refineries. These smaller that the EPA define the term ‘‘strippable projected to have several ‘‘cooling heat exchange systems were included in hydrocarbons’’ to mean the towers’’ or ‘‘heat exchange systems’’ in our MACT floor and impacts analysis, hydrocarbons measured by any of the our MACT floor and impacts analysis, and we did not subcategorize these heat methods specified in 40 CFR and we assumed that refineries with exchange systems by size. The assertion 65.610(a)(3). once-through cooling systems would that monitoring these smaller heat Response: We considered providing a have a similar number of heat exchange exchange systems is not cost effective is specific definition of ‘‘strippable systems (per refining capacity) as not relevant; we do not consider costs hydrocarbons’’ in these final refineries with closed-loop (cooling in developing the MACT floor amendments, but the suggested tower) systems. We conducted analyses requirements. We only consider costs definition is unnecessary since we are to determine how the number of cooling when evaluating alternatives beyond the not finalizing the use of water methods towers or heat exchange systems would MACT floor. As described previously, as an alternative monitoring method for affect our MACT floor calculations if we believe we adequately considered petroleum refineries. The monitoring there were more than our estimated 520. the total number of affected heat method required by the regulations, the Because the monitoring and repair exchange systems (including once- Modified El Paso Method, provides the requirements for many of the best- through and small heat exchange best definition of strippable performing heat exchange systems were systems) when establishing the MACT hydrocarbons as it relates to potential identical, we determined that the MACT floor requirements for existing sources. emissions from heat exchange systems. floor requirements for existing sources We noted in the January 2012 2. Applicability and Exemptions would be the same even if there were as proposal that: ‘‘A once-through heat many as 666 affected ‘‘cooling towers’’ exchange system could include all heat Comment: One commenter supported or ‘‘heat exchange systems’’ (see the exchangers at the entire facility. The the proposed revisions clarifying the technical memorandum titled, ‘‘Revised potential to aggregate all cooling water construction date criteria for defining a Impacts for Heat Exchange Systems at at a facility (as opposed to a single new source for the purpose of the heat Petroleum Refineries,’’ Docket Item No. process unit) prior to sampling for a exchange provisions. EPA–HQ–OAR–2003–0146–0230). once-through system would greatly Response: We appreciate support of To further verify our MACT floor reduce the effectiveness of the leak this clarification. calculations, we reviewed the monitoring methods and would allow Comment: One commenter information collected during the HAP or VOC leaks to remain recommended deleting the provision detailed information collection request undetected, based solely on the dilution that limits once-through heat exchange (ICR) for petroleum refineries (see effect from the vast quantity of water systems to a single process unit because Docket Item Nos. EPA–HQ–OAR–2010– processed at the facility.’’ (See 77 FR the MACT floor analysis does not 0682–0061 through 0069). The 967). We specifically requested support this approach. Although the definition for heat exchange system in comment on how we might allow some process unit restriction is currently in the ICR was identical to the definition aggregation across units but not allow 40 CFR 63.641, the commenter noted in Refinery MACT 1 (with once-though dilution across all units at the plant. that this language was not in the systems limited to individual process The commenter did not provide any September 4, 2007, proposal or the units). Based on the ICR responses, suggestions on this point, but rather November 10, 2008, supplemental there are 525 heat exchange systems that suggested that if aggregation were not proposal and, therefore, has not been are in organic HAP service and that do allowed, once-through heat exchange subject to public comment until now. not qualify for the exemption from systems with flow less than 5,000 The commenter stated that, if the monitoring based on higher water-side gallons per minute should be excluded. process unit restriction is maintained, pressures; only 21 of these 525 are once- For closed-loop heat exchange the EPA should limit the rule to through heat exchange systems. We note systems, there are physical limitations monitoring systems with a flow greater that there are 50 additional closed-loop on the cooling tower that limit the than 5,000 gallons per minute because heat exchange systems for which number of units that can be serviced by the EPA’s analysis shows control for respondents did not answer these the cooling tower. Again, our analysis smaller systems is not cost effective. ‘‘applicability’’ questions, so we project suggested there would be several heat The commenter also suggested that the that the total number of affected heat exchange systems per refinery compared EPA’s analysis did not consider exchange systems is somewhat more to a single heat exchange system for monitoring once-through systems than 525 but less than 575. Therefore, once-through systems. On the other individually. our estimate of 520 affected heat hand, we recognize that the definition of Response: Although the original exchange systems (including once- ‘‘heat exchange system’’ in the October MACT floor and impacts analysis (see through systems) was reasonably 2009 final rule limits aggregation for the technical memorandum titled, accurate, and the existing source MACT refineries operating once-through ‘‘Cooling Towers: Control Alternatives floor monitoring requirements would systems more than refineries that and Impact Estimates,’’ Docket Item No. not be impacted had we used the upper operate closed-loop systems. Therefore, EPA–HQ–OAR–2003–0146–0143) range estimate from the ICR data. As we evaluated several ways to afford referred to ‘‘cooling towers’’ rather than such, we disagree that our MACT floor some aggregation for once-through heat ‘‘heat exchange systems,’’ we believe the analysis is inconsistent with the exchange systems so that these systems analysis adequately considered all heat restriction of once-through systems to a would be more comparable to the exchange systems at all petroleum single process unit. ‘‘cooling tower’’ heat exchange systems refineries. We projected the nationwide With respect to the suggestion that we identified in the MACT floor total number of ‘‘cooling towers’’ to be limit the monitoring of closed-loop heat memorandum (Docket Item No. EPA– 520 using information from the Texas exchange systems to only those with HQ–OAR–2003–0146–0143). We Commission on Environmental Quality flows of 5,000 gallons per minute or identified no appropriate way to allow (TCEQ) for 50 petroleum refineries and more, we note that closed-loop heat some, but constrained aggregation

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across process units within the were proposed, we inadvertently 4. Monitoring Locations and Analytical definition of heat exchange system. omitted a cross-reference to this Methods Therefore, we are not modifying the exemption from Refinery MACT 1. As Comment: Several commenters definition of ‘‘heat exchange system’’ as noted previously, we are not requested that a leak be determined it relates to once-through systems (i.e., promulgating the Uniform Standards or based on the difference between inlet a once-through heat exchange system is the cross-references to the Uniform and outlet concentrations. One still limited to the heat exchangers Standards from Refinery MACT 1. The commenter specifically noted that the associated with a single refinery process provision to exempt heat exchange EPA should reconsider this approach, unit). As an alternative, we evaluated systems that use an intervening fluid which is used in the Hazardous Organic allowing monitoring for once-through that is less than 5 percent by weight NESHAP (‘‘HON’’; 40 CFR part 63 cooling systems at locations that include HAP is retained as a part of Refinery subpart F), for refinery heat exchange cooling water from several heat MACT 1. systems. The commenter disputed the Comment: One commenter suggested exchange systems. Based on the EPA claims that accumulating that the introductory paragraph in 40 responses from the detailed ICR, hydrocarbons in the cooling water are CFR 65.610(b) should specify that approximately 90 percent of all cooling evidence of a leak and that small leaks engineering judgment may be used to towers (i.e., closed-loop heat exchange are cost effective to repair, stating the determine whether any of the systems) at petroleum refineries have build-up of organic chemicals can be exemption criteria are met. flow rates of 40,000 gallons per minute caused by the use of chemical additives or less. As such, we consider that this Response: As noted in section III of for corrosion or biological growth 90th percentile value provides a this preamble, heat exchangers may be prevention and these heavy compounds reasonable proxy of the upper level of excluded from a ‘‘heat exchange are not stripped in the cooling tower as aggregation provided to facilities with system’’ based on differential pressure completely as they are in the Modified closed-loop heat exchange systems. By or the presence and content of an intervening fluid. We did not specify El Paso Method stripping column. allowing once-through heat exchange Response: The rule does not provide systems to monitor at locations that that engineering judgment can be used for the differential pressure exemption, for the use of inlet and outlet sampling include cooling water from several heat for closed-loop heat exchange systems exchange systems, provided that the either in the October 2009 final rule or because the MACT floor requirements combined cooling water flow rate at the the January 2012 proposed for heat exchange systems were based monitoring location does not exceed amendments. We expect that direct on existing monitoring of the cooling 40,000 gallons per minute, we are pressure measurements of the process water return line only. If the rule providing a means to aggregate across fluids and cooling water lines will be allowed the use of a concentration process units in a manner similar to that made in a representative location at differential, it would be less stringent afforded to closed-loop heat exchange which the pressure exclusion can be than the MACT floor because the MACT systems, which is the assumption made documented. With respect to the floor monitoring was not based on a in our MACT floor and impacts intervening fluid exemption, we differential concentration, but the direct analyses. As this level of aggregation is intended that the same requirements similar to that for closed-loop heat used to determine ‘‘in organic HAP concentration in the cooling water exchange systems, we expect that this service’’ would apply to the intervening return line. Although we expect that the provision will achieve the same fluid. We revised the description of this strippable hydrocarbons measured by emission reductions at the same costs as exemption to specify that the provisions the Modified El Paso Method will be projected for our model closed-loop heat of 40 CFR 63.180(d) of subpart H should largely removed (i.e., released to the air) exchange systems. We also note that this be used; 40 CFR 63.180(d) allows the in the cooling tower so that the cooling approach is preferable to the suggested use of ‘‘good engineering judgment’’ water inlet to the heat exchangers will exemption for all once-through heat under most circumstances. have limited concentrations of strippable hydrocarbons, it is unlikely exchange systems below 5,000 gallons 3. Compliance Date per minute because it achieves greater that this concentration would be exactly emission reductions at similar costs. Comment: One commenter suggested zero. Therefore, using a concentration Therefore, we have amended the that the compliance date be reset to be differential produces a concentration monitoring location for once-through at least 1 year after the promulgation that has been adjusted to account for heat exchange systems to allow date of the final amendments to provide hydrocarbons still in the water after the monitoring at a point where discharges time for the refineries to develop cooling tower, and is lower and from multiple heat exchange systems procedures for complying with the therefore less likely to trigger the leak are combined, provided that the proposed options and any other changes definition. We did not allow this option combined cooling water flow rate at the made in response to public comments. for closed–loop heat exchangers. The monitoring location does not exceed Response: Petroleum refinery owners rule does provide for the use of inlet 40,000 gallons per minute. and operators have been on notice of the and outlet sampling for once-through Comment: Several commenters stated October 29, 2012, compliance date since heat exchange systems. While we have that the EPA should retain the promulgation of the heat exchange taken the position that once-through exemption for heat exchange systems standards in October 2009. Refinery heat exchange systems have a similar that have an intervening cooling fluid owners and operators that follow the emission potential as closed-loop that contains less than 5 percent by requirements in the October 2009 final systems, we acknowledge that these weight of HAP. rule will be in compliance with these systems are different in operation and Response: This exemption was final amendments. If a facility elects to that contaminants may be present in the included in the October 2009 final change to quarterly monitoring at the pond, river or other source of once- standards for refinery heat exchange lower leak definition, there are through cooling water that is beyond the systems and it was our intent to retain provisions in the final amendments for control of the refinery owner or operator this existing exemption for petroleum how this change can be made. and that will not be ‘‘pre-stripped’’ in a refineries. However, when the heat Therefore, there is no need to reset the cooling tower. Therefore, we conclude exchange system Uniform Standards compliance date. that it is reasonable and necessary to

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allow a concentration differential to be system, but concluded that it would cooling water in order to identify the used to determine a leak for once- likely result in uncertainty regarding specific heat exchangers or group of through heat exchange systems. what compliance monitoring, reporting heat exchangers responsible for the leak, Comment: One commenter noted that and recordkeeping requirements would the leak itself must be determined using the requirements in 40 CFR 65.610(e) be required for individual heat a flame ionization detector calibrated are unnecessarily burdensome because exchangers. As the affected facility is with methane following the procedures they require a source to monitor all heat the heat exchange system, we consider in section 6.1 of the Modified El Paso exchangers to find a leak and they it appropriate that the same monitoring Method. As discussed in further detail appear to require continued monthly frequency and leak definition be used in the following comment and response, testing of all heat exchangers even if the for all monitoring locations within one we find that speciated analysis of target leak is not from an exchanger that is heat exchange system. The final rule compounds in the stripping gas is likely subject to the repair requirements. This clearly allows (in 40 CFR 63.654(c)(4)) to result in incomplete characterization commenter also recommended simply the owner or operator of existing of the total hydrocarbon concentration requiring the leaking exchanger to be sources to use the alternative quarterly and could be less stringent than the identified by the most expeditious monitoring option for some heat MACT floor determined for petroleum process and then requiring repair only exchange systems and the monthly refinery heat exchange systems. We if the leaking exchanger is in service monitoring option for others but all heat have further clarified this requirement associated with a referencing subpart. exchangers or groups of heat exchangers in these final amendments by Response: The cited provisions do not within a single heat exchange system specifically referencing section 6.1 of require monitoring of all affected heat must use the same monitoring frequency the Modified El Paso Method. However, exchangers to find a leak. The refinery and leak definition. this requirement does not preclude the owner or operator can use any method Comment: Two commenters noted refinery owner or operator from they choose to identify the leaking heat that section 5.1.1.4 of the Modified El conducting additional analysis of the exchanger. If the identified leaking heat Paso Method specifies that samples stripping gas as a means to identify the exchanger is not in HAP service, then must be drawn from a location prior to leaking heat exchanger. the refinery owner or operator has two the risers. The commenter requested Comment: Several commenters options: (1) fix the leak and continue to clarification that monitoring may requested that the rule allow additional monitor in the main cooling tower instead be conducted either prior to the measurement methods in order to return line or (2) demonstrate that all risers or in any individual riser because characterize the compounds that could heat exchangers within the heat the concentration of hydrocarbons is leak into the cooling water. The exchange system that are subject to the distributed equally to each riser and the measurement methods suggested monitoring and repair provisions are not system has no openings to the include EPA Method 624 of Appendix leaking by monitoring each heat atmosphere prior to discharge into the A to 40 CFR part 136 and SW–846 exchanger or group of heat exchangers cooling tower cells. They also noted that Methods 8270 and 8315. Commenters subject to the repair provisions. Thus, refineries often monitor in a riser and also stated that characterizing all the option of monitoring each heat changes needed to enable monitoring volatile compounds (or even all volatile exchanger or group of heat exchangers prior to the riser would require a organic HAP) is often impossible due to is not required to identify the leaking significant capital expenditure. the high number of compounds that heat exchanger; rather, this monitoring Response: The final amendments may be in a process stream, and it is not option is provided only for the case in describe monitoring locations specific necessary, as detection of key which the refinery owner or operator for Refinery MACT 1 and then compounds from the process is all that elects not to fix a leak that was separately describes the allowed is needed to identify a leak. One identified through monitoring of the monitoring methods. Reference to the commenter suggested that this rule cooling tower return line on the grounds Modified El Paso Method is confined to should be like the TCEQ’s rule that that the leaking heat exchanger is not the monitoring method section of requires characterization of compounds subject to the repair provisions in Refinery MACT 1, and the Modified El with boiling points less than 140 Refinery MACT 1. Paso Method’s restriction on sampling degrees Fahrenheit (°F). This Comment: One commenter suggested in the riser is not applicable. commenter recommended allowing any that the monitoring frequency/leak Nonetheless, we have provided specific measurement method that is sensitive to definition alternatives for existing clarifications in the monitoring location at least 90 percent of the species with sources should be allowed on an section that monitoring in the cooling boiling points less than 140 °F, and individual or group of heat exchangers tower riser (prior to exposure to the allowing subtraction of compounds with basis as well as on a heat exchange atmosphere) is allowed. boiling points greater than 140 °F from system basis. Comment: One commenter stated that, the ‘‘total strippable hydrocarbon’’ Response: The rule allows monitoring in addition to a flame ionization concentration. Several commenters at the individual heat exchanger (or detector, the EPA should allow use of recommended including a general group of heat exchangers) level or at the other detectors, such as a photo procedure for monitoring surrogate heat exchange system level (i.e., ionization detector or mass species or indicator species rather than monitoring at the cooling tower). spectrometry and online gas requiring full speciation. For example, However, in order to allow this chromatograph (GC) capable of one commenter requested that the rule flexibility for either aggregate or equivalent sensitivity for target allow the analysis to focus on one individual monitoring to be performed compounds when using the Modified El compound that the method easily without any notification to the EPA, all Paso Method. detects and then estimate the total heat exchangers that are part of a heat Response: We specifically require the strippable hydrocarbon concentration exchange system must use the same stripping gas concentration to be assuming the ratio of that compound to monitoring frequency and leak determined in ppmv as methane. While all organic compounds in the cooling definition. We considered allowing the a refinery owner or operator may elect water is the same as in the process fluid. suggested alternative for individual heat to use a GC and other analyzers to Response: We acknowledge the exchangers within a heat exchange speciate the compounds present in the difficulty characterizing all compounds

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in a petroleum refinery process stream. column (or cooling tower). Options to by a single cooling tower (i.e., heat While we considered including limit the full characterization exchange system). We see no easy way additional test methods, the inclusion of requirement call into question the to specify ‘‘a general procedure for additional test methods did not appear ability of the water methods to be as monitoring surrogate species or to address the primary issue regarding stringent as the total strippable indicator species’’ while ensuring the ability to fully characterize the hydrocarbon analysis using the equivalency with the Modified El Paso compounds that could leak into the Modified El Paso Method. Method. One would need to use the cooling water. We disagree that the In light of the complexity of most Modified El Paso Method to develop the characterization of compounds should petroleum refinery process streams, we extrapolation factor for each process be limited to compounds with boiling are concerned that there may be a leak fluid that could potentially leak into the points less than 140 °F. Hexane, that exceeds 40 parts per billion by cooling water and to verify that the benzene and toluene all have boiling weight (ppbw) total strippable method used provides adequate points above 140 °F; these compounds hydrocarbons in the water-phase as detection limits. This would be difficult are expected to be emitted from heat determined by back-calculation from the to do and complex, considering the exchange systems and are expected to Modified El Paso Method results, but potential variation in compounds and be detectable using the Modified El Paso because of the number of different concentrations across process streams. Method. The Modified El Paso Method compounds present in the petroleum Given the complexity of most was designed to have high (99 percent refinery stream (often on the order of 50 petroleum refinery process streams, we or higher) recovery of compounds with to 100 different compounds), the were unable to identify from the boiling points below 140 °F and avoids concentrations of the individual currently available water methods a potential losses of highly volatile compounds could all be below the method that would be suitable for compounds associated with direct water analytical detection limit (typically determining the total strippable sampling methods. For this reason, about 5 to 10 ppbw in the cooling hydrocarbon concentration with the while the Modified El Paso Method is water). In such a case, the water accuracy and sensitivity needed to be required to be used by the TCEQ for methods, even with low detection comparable to the Modified El Paso cooling tower sampling when pollutants limits, may not provide a suitable Method. Therefore, we are not finalizing have boiling points below 140 °F, it is alternative to the Modified El Paso any alternative water methods for incorrect to conclude that the Modified Method for refinery heat exchange monitoring petroleum refinery heat El Paso Method will not measure any systems. exchange systems. compounds with boiling points greater To further evaluate our concerns Comment: Several commenters than 140 °F. regarding the use of water measurement requested that the rule allow Since the data used to establish the methods for refinery heat exchange measurement of surrogates. One MACT floor were based on the Modified systems, we reviewed the source test commenter requested inclusion of the El Paso Method, in order to be at least data received in response to the cooling full spectrum of monitoring methods as stringent as the MACT floor, any water testing required as part of the currently listed in the HON, the alternative monitoring option provided detailed information collection request National Emission Standards For in the rule must be as effective as the for petroleum refineries. We compared Ethylene Manufacturing Process Units: El Paso Method in detecting the HAP the stripping column gas sampling Heat Exchange Systems And Waste that are indicative of a leak. Limiting the results with those from the direct water Operations (40 CFR part 63, subpart XX) direct water method analysis only to methods (see the memorandum titled, (‘‘Ethylene NESHAP’’), and the online compounds with boiling points less ‘‘Evaluation of the Refinery ICR Cooling monitoring for ethylene and propylene than 140 °F would be less stringent than Water Analysis Results’’ in Docket ID that is allowed in TCEQ HRVOC Rule the Modified El Paso Method and thus No. EPA–HQ–OAR–2003–0146). We (TAC Title 30 Part I Chapter 115 Div. 2 we disagree with the commenter that found that the analytical methods for § 115.764). One commenter noted that direct water methods should be chemical species (in both stripping gas the proposed methods would require provided as an option. analysis and water samples) greatly most facilities to use offsite test In the proposed Heat Exchanger underestimated the overall resources, but other methods, Uniform Standards, we proposed to concentrations of hydrocarbons, particularly if surrogates can be allow the use of a water method that primarily because these analyses were measured, would allow sites to conduct would identify all leaked compounds as conducted using a specific target analyte analyses themselves and respond more an alternative monitoring method. Our list. As the water methods (or gas-phase quickly to any leaks. intent was for this approach to be used speciated analysis methods) generally Response: We disagree with the where a heat exchanger cooled a process include a specific list of target analytes, comments suggesting all measurement fluid that contained a very limited we now expect that these methods methods provided in the HON, the number of compounds. We expected could lead to less effective leak Ethylene NESHAP or the TCEQ rules that very few, if any, petroleum refinery identification. should be allowed. The leak definition heat exchange systems would choose to We considered the alternative of for petroleum refineries is lower than use the water methods for most heat monitoring a specific compound and specified in those rules. In our revised exchangers, given the requirement to extrapolating that compound impacts analysis for the proposed fully characterize all compounds that concentration to determine a total amendments(see the technical could leak into the cooling water. strippable hydrocarbon concentration, memorandum titled, ‘‘Revised Impacts The proposed water methods were but we determined that this approach for Heat Exchange Systems at Petroleum expected to be at least as stringent as the generally would be more complicated Refineries,’’ Docket Item No. EPA–HQ– Modified El Paso Method because the and burdensome than direct Modified El OAR–2003–0146–0230), the leak requirement to fully characterize the Paso monitoring, given the complexity detection level was generally the most pollutants that could leak into the of petroleum refinery process fluids and important parameter influencing the wastewater would include all the likelihood that several different heat effectiveness of the heat exchange compounds, even those that may not be exchangers (with process fluids of system monitoring program. We effectively stripped in the stripping differing compositions) may be serviced evaluated a series of ‘‘surrogate’’

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methods when evaluating different heat revert back to their chosen monitoring used to continue operating until the exchange system monitoring frequency. next scheduled shutdown. In this case, alternatives for the October 2009 final The rule is silent on a special the actions described by the commenter rule and concluded that these surrogate monitoring event for the case in which could be used to help prevent an methods were not as effective as the removed heat exchanger is exceedance of the delay of repair action identifying leaks as the Modified El subsequently placed back into service. level and thereby maintain the delayed Paso Method. This case is similar to the case where a repair. However, if the leak ever exceeds We acknowledge that the proposed new heat exchanger (or group of heat the delay of repair action level, the water method alternatives would often exchangers) is added to an existing heat owner or operator could not use these require the use of external laboratories; exchange system. We interpret the rule actions merely to reduce the strippable however, as discussed previously, we to require only the routine heat concentration to below the delay of are not finalizing the proposed water exchange system monitoring with no repair action level. Once the delay of method alternatives. The Modified El special monitoring event required when repair threshold is exceeded, the owner Paso Method, on the other hand, is adding these ‘‘new’’ heat exchangers to or operator of the affected heat exchange performed on-site. The method is the heat exchange system. We anticipate system must repair the source within 30 relatively simple and can be operated by that any ‘‘new’’ or ‘‘repaired’’ heat days by reducing the strippable refinery personnel or outside exchanger would be properly pressure hydrocarbon concentration to below the contractors to provide immediate leak tested prior to being placed in service. leak action level. monitoring results, so it has the same As such, these heat exchangers would Comment: One commenter requested advantages of the ‘‘surrogate’’ methods be unlikely to leak, so the routine confirmation that the guidelines given while also being able to detect small monitoring frequency is considered in TCEQ’s Sampling Procedures leaks. sufficient. We also note that, if an owner Manual, Appendix P, paragraph 7.2 Comment: One commenter requested or operator removes a heat exchanger should be used for determining the that sources be allowed up to 7 calendar from service as a means to effect a molecular weight to use in equation 7.1 days for re-monitoring a heat exchange repair, but then returns the same heat of the Modified El Paso Method when system to verify repair when a repaired exchanger to service without any determining potential emissions during heat exchanger is returned to service modification or repair, that owner or a delayed repair. either after the end of the 45-day normal operator could be subject to potential Response: The TCEQ’s Sampling repair window (as long as the heat enforcement actions for not complying Procedures Manual, Appendix P, is the exchanger was taken out of service with the operating and maintenance Modified El Paso Method that is before the end of that 45-day window) requirement ‘‘. . . to maintain any incorporated by reference in the heat or after an allowed delay of repair affected source . . . in a manner exchange system provisions of Refinery period. The commenter noted that if the consistent with safety and good air MACT 1. In 40 CFR 63.654(g)(4), we heat exchanger is taken out of service as pollution control practices for specifically indicate that the stripping the means of repair and then brought minimizing emissions’’ as required in air concentration must be converted to back into service after the 45-day the General Provisions at 40 CFR a water concentration using Equation 7– window, then additional time is needed 63.6(e). 1 of the Modified El Paso Method. to start up, line-out, and retest that heat Paragraph 7.2 of the Modified El Paso exchanger. 5. Delay of Repair Method specifically notes that ‘‘[f]or Response: In the January 2012 Comment: One commenter suggested total VOC based on the portable FID proposal, we proposed to clarify that allowing delay of repair until the next analyzer procedure in Section 6.1, under the existing MACT standard, scheduled process shutdown if the calculate total VOC concentration in the ‘‘repair’’ includes verification that the source opts to strip hydrocarbon from water and emission rate based on the actions taken to repair the leak were the cooling water and either recover it molecular weight of methane . . .’’ We effective through re-monitoring of the (as fuel or for process use) or collect and specifically require the use of the heat exchange system. We consider the convey it to combustion control. stripping gas concentration to be 45-day repair window for a typical Response: Provided that the stripped determined using flame ionization repair as well as the additional time gases are properly captured and detector (FID), as noted in section 6.1 of provided for a delayed repair to be controlled, the current provisions would the Modified El Paso Method, calibrated adequate considering the time necessary not exclude these actions as a means of with methane (‘‘as methane’’). to re-monitor the heat exchange system. compliance. The rule only lists those Therefore, the molecular weight of We expect that repairs will be made as repair actions that are most likely to methane (16 grams per mole) should be expeditiously as possible and that the occur but we explicitly indicate that the used when determining the equivalent actions will be taken with sufficient list of repair actions is not all inclusive. water concentration using Equation 7–1 time to confirm the repairs within the If the actions described by the of the Modified El Paso Method when 45-day repair window. Refinery MACT commenter reduce the concentration of calculating the potential strippable 1 specifically allows the use of strippable hydrocarbons to below the hydrocarbon emissions for a delayed removing a heat exchanger from service applicable leak action levels while repair. We have clarified this as a means to effect repair in 40 CFR preventing the release of those requirement in these final standards. 63.654(d)(5). The heat exchange system hydrocarbons to the atmosphere, we would need to be re-monitored within consider that these actions qualify 6. Reporting and Recordkeeping the 45-day window to verify that the under 40 CFR 63.654(d) as a repair, in Provisions removal of the heat exchanger which case the delay of repair would Comment: One commenter requested effectively reduced the total not be needed. clarification that the requirement to hydrocarbons in the cooling water to If the actions described by the record water flow rates applies only to below the leak threshold levels. In this commenter do not reduce the strippable monitoring events in which a leak is case, the removal of the heat exchanger hydrocarbon concentration to below the detected and the equipment is placed on from service would accomplish the leak action level, the existing delay of delay of repair because this is the only repair and the owner or operator could repair provisions, if applicable, can be occasion in which flow rates are

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needed. Another commenter stated that hydrocarbon emissions’’ in the heat Comment: One commenter suggested records of water flow and emissions exchange system requirements at 40 deleting paragraphs (b) and (c) in 40 estimates should be required only if the CFR 63.654(g)(4), the reporting CFR 65.620 (i.e., reporting the number rule allows delay of repair based on a requirements at 40 CFR 63.655(g)(9)(v) of heat exchange systems in regulated demonstration that the emissions and the recordkeeping requirements at material service found to be leaking and caused by delaying repair are less than 40 CFR 63.655(i)(4)(v) in today’s final the summary of the monitoring data that the emissions caused by a process unit rule. indicate a leak) because they duplicate shutdown, if needed, to effect the repair As described previously in section III the information required by paragraph because this is the only situation where of this preamble, today’s final rule (d) (i.e., reporting the date a leak was water flow and emissions are relevant. requires that these emission estimates identified, the date the source of the If these requirements are not deleted, be determined for each monitoring leak was identified and the date of one of the commenters stated that the interval instead of over the ‘‘expected repair) or are unnecessary. EPA should clarify that the duration of the delay.’’ To address the Alternatively, the commenter suggested recordkeeping requirement is an commenter’s concern, we are specifying that the EPA should at least revise 40 estimate of ‘‘potential strippable in 40 CFR 63.654(g)(4)(iii) that ‘‘The CFR 65.620(b) to require reporting of the hydrocarbon emissions’’ instead of duration of the delay of repair number of leaking heat exchangers ‘‘potential emissions’’ because the latter monitoring interval is the time period rather than heat exchange systems, and might be misinterpreted to mean organic starting at midnight of the day of the revise 40 CFR 65.620(c) to clarify what HAP emissions, which are only a previous monitoring event or midnight monitoring data to report and eliminate fraction of the hydrocarbon emissions. of the day the repair would have had to the redundancy. In addition, a commenter stated that the be completed if the repair had not been Response: The comments refer to the EPA should clarify that reporting of ‘‘an delayed, whichever is later, . . .’’ Given reporting and recordkeeping provisions estimate of total strippable hydrocarbon this clarification in the start of the delay that we proposed to codify as part of the emissions for each delayed repair over of repair interval and the coordination Uniform Standards, which we are not the reporting period’’ covers only the between the emission estimate finalizing in this action. The similar time period from the date by which methodology and reporting provisions in Refinery MACT 1, which repair would have had to be completed requirements, we do not believe that we are retaining rather than cross- if it were not delayed until the repair additional language is needed in 40 CFR referencing the Uniform Standards, as was completed. 63.655(g)(9)(v) to further clarify that the proposed, are the reporting provisions Response: The October 2009 final rule delay of repair starts at the end of the in 40 CFR 63.655(g)(9)(ii) through (iv). requires a record of the cooling water 45-day period provided to complete a We disagree with the commenter that flow rate for each monitoring event. repair under normal circumstances. there is undue overlap in these However, the commenter correctly notes provisions. The number of heat Comment: One commenter requested that the requirement in 40 CFR exchange systems at the plant site found clarification of the term ‘‘original date’’ 63.654(g)(4)(ii) to determine the flow to be leaking (40 CFR 63.655(g)(9)(ii)) in the reporting requirements in 40 CFR rate of cooling water only applies during provides a useful summary to the report 63.655(g)(9)(v) for delayed repair. periods in which repair is delayed. As review. Analogous to the number of such, we agree with the commenter that Response: We are clarifying this fugitive components found to be leaking the regulations should not require regulatory provision by revising the over a semiannual period, which is also records of the cooling water flow rate for phrase ‘‘original date’’ to instead say required to be reported under Refinery all cooling towers or heat exchangers ‘‘date when the delay of repair began.’’ MACT 1, this information is an because the flow rate only needs to be As noted in the clarified language indicator of both leak program determined for heat exchange systems regarding the calculation of potential effectiveness and the refinery’s for which repair is delayed. Therefore, emissions during a delayed repair, the operating and maintenance practices. we are moving the requirement to keep date the delay of repair began is While one could count each entry in the a record of the cooling water flow rate equivalent to the day the repair would list of leaking heat exchange systems to the paragraph that is limited to have had to be completed if the repair required in 40 CFR 63.655(g)(9)(iii), we delayed repairs, which is 40 CFR had not been delayed. do not consider this duplicative of the 63.655(i)(4)(v) in today’s final rule. Comment: One commenter stated that list. We do agree that the ‘‘summary of We disagree that recordkeeping and the proposed requirements to identify monitoring data’’ could be more clearly reporting of flow rate and potential the ‘‘measured or estimated average delineated. To address this concern, we emissions should only be required annual regulated material concentration have revised the provisions in 40 CFR where emission caused by delay of of process fluid or intervening cooling 63.655(g)(9)(iii) to specifically list the repair are demonstrated to be less than fluid processed in each heat exchanger’’ desired reporting elements. We also they otherwise would be during a will be a very burdensome and consolidated some of the reporting shutdown. Stakeholders including the unnecessary ongoing requirement rather elements from 40 CFR 63.655(g)(9)(iv) public should be made aware of the than one-time requirement as specified into 40 CFR 63.655(g)(9)(iii) and revised potential air emissions releases that may in 40 CFR 63.655(i)(4)(i). 40 CFR 63.655(g)(9)(iv) to focus on occur based on the decision to delay Response: We agree that we should reporting elements for leaks that were repair. retain this as a one-time requirement. repaired during the reporting period. We agree that the phase ‘‘potential We did not intend to make this an These reporting requirements are now strippable hydrocarbon emissions’’ ongoing requirement. The revised more clear and distinct with no more accurately describes the delay of language cited by the commenter was duplication. repair emission estimate than the phrase part of the proposed Uniform Standards, Comment: One commenter noted that ‘‘potential emissions’’ and we are which we proposed to cross-reference it would be burdensome to identify, clarifying the language as suggested by from Refinery MACT 1 but are not characterize or include pump seal the commenter. Specifically, we are finalizing in this action. We are not coolers and sample coolers in the heat revising ‘‘potential emissions’’ to revising the ‘‘one-time’’ requirement as exchanger inventory and applicability instead read ‘‘potential strippable specified in 40 CFR 63.655(i)(4)(i). determination. The commenter stated

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that there is no need for this previously approved the information adverse economic impact for any small requirement because those that are collection requirements contained in the entity. We have, therefore, concluded once-through coolers should be existing rule (40 CFR Part 63, subpart that today’s final rule will relieve presumed to meet the low flow CC) under the provisions of the regulatory burden for all affected small exemption criteria and those that are Paperwork Reduction Act, 44 U.S.C. entities. 3501, et seq., and has assigned OMB part of a recirculating system with large D. Unfunded Mandates Reform Act heat exchangers would be effectively control number 2060–0340. The OMB regulated by monitoring of the cooling control numbers for the EPA’s This rule does not contain a federal tower return lines. regulations are listed in 40 CFR Part 9. mandate that may result in expenditures of $100 million or more for state, local Response: We never intended to C. Regulatory Flexibility Act require monitoring of sample coolers and tribal governments, in the aggregate, and pump seal coolers. As discussed The Regulatory Flexibility Act or to the private sector in any one year. previously, sample coolers and pump generally requires an agency to prepare As discussed earlier in this preamble, seal coolers are specifically excluded a regulatory flexibility analysis of any these amendments are cost neutral and from the definition of heat exchange rule subject to notice and comment may result in net cost savings for the system in today’s final rule, so these rulemaking requirements under the private sector. Thus, this rule is not coolers do not have to be identified as Administrative Procedure Act or any subject to the requirements of sections part of the heat exchange system other statute unless the agency certifies 202 or 205 of the Unfunded Mandates recordkeeping provisions. that the rule will not have a significant Reform Act (UMRA). economic impact on a substantial This rule is also not subject to the V. Summary of Impacts number of small entities (SISNOSE). requirements of section 203 of UMRA These final amendments will have no Small entities include small businesses, because it contains no regulatory cost, environmental, energy or economic small organizations and small requirements that might significantly or impacts beyond those impacts presented governmental jurisdictions. uniquely affect small governments. The in the October 2009 final rule for heat For the purposes of assessing the final amendments contain no exchange systems at petroleum impacts of this final rule on small requirements that apply to such refineries. If the owner or operator of an entities, small entity is defined as: (1) A governments, and impose no obligations existing petroleum refinery elects the small business that meets the Small upon them. Business Administration size standards quarterly monitoring alternative at the E. Executive Order 13132: Federalism lower leak definition or if the owner or for small businesses at 13 CFR 121.201 This action does not have federalism operator of a once-through system can (a firm having no more than 1,500 employees); (2) a small governmental implications. It will not have substantial aggregate flows across process unit jurisdiction that is a government of a direct effects on the states, on the boundaries, we anticipate that the city, county, town, school district or relationship between the national facility will realize a net cost savings special district with a population of less government and the states, or on the compared to the costs estimated for the than 50,000; and (3) a small distribution of power and October 2009 final rule. All other organization that is any not-for-profit responsibilities among the various amendments are projected to be cost- enterprise which is independently levels of government, as specified in neutral. owned and operated and is not Executive Order 13132. These final VI. Statutory and Executive Order dominant in its field. amendments do not add new control Reviews After considering the economic and performance demonstration impacts of this final rule on small requirements. They do not modify A. Executive Order 12866: Regulatory entities, I certify that this action will not existing responsibilities or create new Planning and Review and Executive have a SISNOSE. In determining responsibilities among EPA Regional Order 13563: Improving Regulation and whether a rule has a SISNOSE, the offices, states or local enforcement Regulatory Review impact of concern is any significant agencies. Thus, Executive Order 13132 Under Executive Order 12866 (58 FR adverse economic impact on small does not apply to this action. In the 51735, October 4, 1993), this action is a entities, since the primary purpose of spirit of Executive Order 13132, and ‘‘significant regulatory action’’ because the regulatory flexibility analyses is to consistent with EPA policy to promote it may raise novel legal or policy issues. identify and address regulatory communications between the EPA and Accordingly, the EPA submitted this alternatives ‘‘which minimize any state and local governments, the EPA action to the Office of Management and significant economic impact of the rule specifically solicited comment on the Budget (OMB) for review under on small entities.’’ 5 U.S.C. 603 and 604. proposed amendments from state and Executive Orders 12866 and 13563 (76 Thus, an agency may certify that a rule local officials. FR 3821, January 21, 2011), and any will not have a SISNOSE if the rule changes made in response to OMB relieves regulatory burden, or otherwise F. Executive Order 13175: Consultation recommendations have been has a positive economic effect on all of and Coordination With Indian Tribal documented in the docket for this the small entities subject to the rule. Governments action. Based on our economic impact This action does not have tribal analysis, the amendments will have no implications, as specified in Executive B. Paperwork Reduction Act direct cost impacts (or they will result Order 13175 (65 FR 67249, November 9, This action does not impose any new in a nationwide net cost savings). No 2000). The final amendments will not information collection burden. The final small entities are expected to incur have substantial direct effects on tribal amendments are clarifications and annualized costs as a result of the final governments, on the relationship technical corrections that do not affect amendments; therefore, no adverse between the federal government and the estimated burden of the existing economic impacts are expected for any Indian tribes, or on the distribution of rule. Therefore, we have not revised the small or large entity. Thus, the costs power and responsibilities between the information collection request for the associated with the final amendments federal government and Indian tribes, as existing rule. However, OMB has will not result in any ‘‘significant’’ specified in Executive Order 13175. The

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final amendments impose no federal agencies, to the greatest extent Authority: 42 U.S.C. 7401, et seq. requirements on tribal governments. practicable and permitted by law, to Thus, Executive Order 13175 does not make EJ part of their mission by Subpart A—General Provisions apply to this action. identifying and addressing, as ■ appropriate, disproportionately high 2. Section 63.14 is amended by G. Executive Order 13045: Protection of and adverse human health or revising paragraph (n)(1) to read as Children From Environmental Health environmental effects of their programs, follows: Risks and Safety Risks policies and activities on minority § 63.14 Incorporations by reference. The EPA interprets Executive Order populations and low-income * * * * * 13045 (62 FR 19885, April 23, 1997) as populations in the United States. (n) * * * applying to those regulatory actions that The EPA has determined that this (1) ‘‘Air Stripping Method (Modified concern health or safety risks, such that final rule will not have El Paso Method) for Determination of the analysis required under section 5– disproportionately high and adverse Volatile Organic Compound Emissions 501 of the Order has the potential to human health or environmental effects from Water Sources’’ (Modified El Paso influence the regulation. This action is on minority or low-income populations Method), Revision Number One, dated not subject to Executive Order 13045 because it does not affect the level of January 2003, Sampling Procedures because it is based solely on technology protection provided to human health or Manual, Appendix P: Cooling Tower performance. the environment. The final amendments Monitoring, January 31, 2003, IBR do not relax the control measures on H. Executive Order 13211: Actions approved for §§ 63.654(c), 63.654(g), regulated sources, and, therefore, do not 63.655(i), and 63.11920. Concerning Regulations That change the level of environmental Significantly Affect Energy Supply, protection. * * * * * Distribution, or Use This action is not a ‘‘significant K. Congressional Review Act Subpart CC—National Emission energy action’’ as defined in Executive The Congressional Review Act, 5 Standards for Hazardous Air Pollutants Order 13211 (66 FR 28355, May 22, U.S.C. 801, et seq., as added by the From Petroleum Refineries 2001) because it is not likely to have a Small Business Regulatory Enforcement ■ Fairness Act of 1996, generally provides 3. Section 63.640 is amended by: significant adverse effect on the supply, ■ a. Revising paragraph (a) introductory that before a rule may take effect, the distribution or use of energy. Further, text; we have concluded that the final agency promulgating the rule must ■ b. Revising paragraph (c)(8); amendments are not likely to have any submit a rule report, which includes a ■ c. Revising paragraph (h)(1) adverse energy effects because they are copy of the rule, to each House of the introductory text, adding paragraph cost neutral and may result in cost Congress and to the Comptroller General (h)(1)(i) and revising paragraph savings if the quarterly monitoring of the United States. The EPA will (h)(1)(ii); and option is elected. submit a report containing this final rule ■ d. Removing reserved paragraph and other required information to the I. National Technology Transfer and (h)(1)(iii) and paragraph (h)(1)(iv). United States Senate, the United States The additions and revisions read as Advancement Act House of Representatives and the follows: Section 12(d) of the National Comptroller General of the United Technology Transfer and Advancement States prior to publication of the final § 63.640 Applicability and designation of Act of 1995 (NTTAA), Public Law 104– rule in the Federal Register. A major affected source. 113, 12(d) (15 U.S.C. 272 note) directs rule cannot take effect until 60 days (a) This subpart applies to petroleum the EPA to use voluntary consensus after it is published in the Federal refining process units and to related standards (VCS) in its regulatory Register. This action is not a ‘‘major emissions points that are specified in activities, unless to do so would be rule’’ as defined by 5 U.S.C. 804(2). This paragraphs (c)(1) through (8) of this inconsistent with applicable law or final rule will be effective on June 20, section that are located at a plant site otherwise impractical. Voluntary 2013. and that meet the criteria in paragraphs (a)(1) and (2) of this section: consensus standards are technical List of Subjects in 40 CFR Part 63 standards (e.g., materials specifications, * * * * * test methods, sampling procedures, and Environmental protection, Air (c) * * * business practices) that are developed or pollution control, Hazardous (8) All heat exchange systems, as adopted by VCS bodies. The NTTAA substances, Incorporation by reference, defined in this subpart. directs the EPA to provide Congress, Reporting and recordkeeping * * * * * through OMB, explanations when the requirements. (h) * * * agency decides not to use available and Dated: June 12, 2013. (1) Except as provided in paragraphs applicable VCS. Bob Perciasepe, (h)(1)(i) and (ii) of this section, new This action does not involve any new Acting Administrator. sources that commence construction or technical standards. Therefore, the EPA For the reasons stated in the reconstruction after July 14, 1994, shall did not consider the use of any preamble, the Environmental Protection be in compliance with this subpart upon additional VCS. Agency amends title 40, chapter I, of the initial startup or August 18, 1995, Code of Federal Regulations as follows: whichever is later. J. Executive Order 12898: Federal (i) At new sources that commence Actions To Address Environmental PART 63—NATIONAL EMISSION construction or reconstruction after July Justice in Minority Populations and 14, 1994, but on or before September 4, Low-Income Populations STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE 2007, heat exchange systems shall be in Executive Order 12898 (59 FR 7629, CATEGORIES compliance with the existing source February 16, 1994) establishes federal requirements for heat exchange systems executive policy on environmental ■ 1. The authority citation for part 63 specified in § 63.654 no later than justice (EJ). Its main provision directs continues to read as follows: October 29, 2012.

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(ii) At new sources that commence ■ d. Revising paragraph (g) introductory where discharges from multiple heat construction or reconstruction after text and paragraph (g)(4). exchange systems are combined September 4, 2007, heat exchange The revisions read as follows: provided that the combined cooling systems shall be in compliance with the water flow rate at the monitoring § 63.654 Heat exchange systems. new source requirements in § 63.654 location does not exceed 40,000 gallons upon initial startup or October 28, 2009, * * * * * per minute. whichever is later. (b) A heat exchange system is exempt (ii) The inlet water feed line for a from the requirements in paragraphs (c) * * * * * once-through heat exchange system through (g) of this section if all heat prior to any heat exchanger. If multiple ■ 4. Section 63.641 is amended by exchangers within the heat exchange heat exchange systems use the same revising the definitions of ‘‘Heat system either: water feed (i.e., inlet water from the exchange system’’ and ‘‘In organic (1) Operate with the minimum same primary water source), the owner hazardous air pollutant service’’ to read pressure on the cooling water side at or operator may monitor at one as follows: least 35 kilopascals greater than the representative location and use the maximum pressure on the process side; § 63.641 Definitions. monitoring results for that sampling or location for all heat exchange systems * * * * * (2) Employ an intervening cooling that use that same water feed. Heat exchange system means a device fluid containing less than 5 percent by (3) Monitoring method. Determine the or collection of devices used to transfer weight of total organic HAP, as total strippable hydrocarbon heat from process fluids to water determined according to the provisions concentration (in parts per million by without intentional direct contact of the of § 63.180(d) of this part and table 1 of volume (ppmv) as methane) at each process fluid with the water (i.e., non- this subpart, between the process and monitoring location using the ‘‘Air contact heat exchanger) and to transport the cooling water. This intervening fluid Stripping Method (Modified El Paso and/or cool the water in a closed-loop must serve to isolate the cooling water Method) for Determination of Volatile recirculation system (cooling tower from the process fluid and must not be Organic Compound Emissions from system) or a once-through system (e.g., sent through a cooling tower or Water Sources’’ Revision Number One, river or pond water). For closed-loop discharged. For purposes of this section, dated January 2003, Sampling recirculation systems, the heat exchange discharge does not include emptying for Procedures Manual, Appendix P: system consists of a cooling tower, all maintenance purposes. Cooling Tower Monitoring, prepared by petroleum refinery process unit heat (c) The owner or operator must Texas Commission on Environmental exchangers that are in organic HAP perform monitoring to identify leaks of Quality, January 31, 2003 (incorporated service, as defined in this subpart, total strippable volatile organic by reference—see § 63.14) using a flame serviced by that cooling tower, and all compounds (VOC) from each heat ionization detector (FID) analyzer for water lines to and from these petroleum exchange system subject to the on-site determination as described in refinery process unit heat exchangers. requirements of this subpart according Section 6.1 of the Modified El Paso For once-through systems, the heat to the procedures in paragraphs (c)(1) Method. exchange system consists of all heat through (6) of this section. (4) Monitoring frequency and leak exchangers that are in organic HAP (1) Monitoring locations for closed- action level for existing sources. For a service, as defined in this subpart, loop recirculation heat exchange heat exchange system at an existing servicing an individual petroleum systems. For each closed loop source, the owner or operator must refinery process unit and all water lines recirculating heat exchange system, comply with the monitoring frequency to and from these heat exchangers. collect and analyze a sample from the and leak action level as defined in Sample coolers or pump seal coolers are location(s) described in either paragraph paragraph (c)(4)(i) of this section or not considered heat exchangers for the (c)(1)(i) or (c)(1)(ii) of this section. comply with the monitoring frequency purpose of this definition and are not (i) Each cooling tower return line or and leak action level as defined in part of the heat exchange system. any representative riser within the paragraph (c)(4)(ii) of this section. The Intentional direct contact with process cooling tower prior to exposure to air for owner or operator of an affected heat fluids results in the formation of a each heat exchange system. exchange system may choose to comply wastewater. (ii) Selected heat exchanger exit with paragraph (c)(4)(i) of this section * * * * * line(s) so that each heat exchanger or for some heat exchange systems at the In organic hazardous air pollutant group of heat exchangers within a heat petroleum refinery and comply with service or in organic HAP service means exchange system is covered by the paragraph (c)(4)(ii) of this section for that a piece of equipment either selected monitoring location(s). other heat exchange systems. However, contains or contacts a fluid (liquid or (2) Monitoring locations for once- for each affected heat exchange system, gas) that is at least 5 percent by weight through heat exchange systems. For the owner or operator of an affected heat of total organic HAP as determined each once-through heat exchange exchange system must elect one according to the provisions of system, collect and analyze a sample monitoring alternative that will apply at § 63.180(d) of this part and table 1 of from the location(s) described in all times. If the owner or operator this subpart. The provisions of paragraph (c)(2)(i) of this section. The intends to change the monitoring § 63.180(d) also specify how to owner or operator may also elect to alternative that applies to a heat determine that a piece of equipment is collect and analyze an additional exchange system, the owner or operator not in organic HAP service. sample from the location(s) described in must notify the Administrator 30 days paragraph (c)(2)(ii) of this section. in advance of such a change. All ‘‘leaks’’ * * * * * (i) Selected heat exchanger exit line(s) identified prior to changing monitoring ■ 5. Section 63.654 is amended by: so that each heat exchanger or group of alternatives must be repaired. The ■ a. Revising paragraphs (b) and (c); heat exchangers within a heat exchange monitoring frequencies specified in ■ b. Revising paragraph (d) introductory system is covered by the selected paragraphs (c)(4)(i) and (ii) of this text; monitoring location(s). The selected section also apply to the inlet water feed ■ c. Revising paragraphs (e) and (f); monitoring location may be at a point line for a once-through heat exchange

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system, if monitoring of the inlet water heat exchanger or group of heat repair action level is exceeded if the feed is elected as provided in paragraph exchangers associated with the heat difference in the measurement value of (c)(2)(ii) of this section. exchange system for which the leak was the sample taken from a location (i) Monitor monthly using a leak detected as provided under paragraph specified in paragraph (c)(2)(i) of this action level defined as a total strippable (c)(1)(ii) of this section. If no leaks are section and the measurement value of hydrocarbon concentration (as methane) detected when monitoring according to the corresponding sample taken from in the stripping gas of 6.2 ppmv. the requirements of paragraph (c)(1)(ii) the location specified in paragraph (ii) Monitor quarterly using a leak of this section, the heat exchange system (c)(2)(ii) of this section equals or action level defined as a total strippable is considered to meet the repair exceeds the delay of repair action level. hydrocarbon concentration (as methane) requirements through re-monitoring of (ii) For all other heat exchange in the stripping gas of 3.1 ppmv unless the heat exchange system as provided in systems, the delay of repair action level repair is delayed as provided in paragraph (d) of this section. is exceeded if a measurement value of paragraph (f) of this section. If a repair (f) The owner or operator may delay the sample taken from a location is delayed as provided in paragraph (f) the repair of a leaking heat exchanger specified in either paragraphs (c)(1)(i), of this section, monitor monthly. when one of the conditions in paragraph (c)(1)(ii), or (c)(2)(i) of this section (5) Monitoring frequency and leak (f)(1) or (f)(2) of this section is met and equals or exceeds the delay of repair action level for new sources. For a heat the leak is less than the delay of repair action level. exchange system at a new source, the action level specified in paragraph (f)(3) (g) To delay the repair under owner or operator must monitor of this section. The owner or operator paragraph (f) of this section, the owner monthly using a leak action level must determine if a delay of repair is or operator must record the information defined as a total strippable necessary as soon as practicable, but no in paragraphs (g)(1) through (4) of this hydrocarbon concentration (as methane) later than 45 days after first identifying section. in the stripping gas of 3.1 ppmv. the leak. (4) An estimate of the potential (6) Leak definition. A leak is defined (1) If the repair is technically strippable hydrocarbon emissions from the leaking heat exchange system or as described in paragraph (c)(6)(i) or infeasible without a shutdown and the heat exchanger for each required delay (c)(6)(ii) of this section, as applicable. total strippable hydrocarbon of repair monitoring interval following (i) For once-through heat exchange concentration is initially and remains the procedures in paragraphs (g)(4)(i) systems for which the inlet water feed less than the delay of repair action level through (iv) of this section. is monitored as described in paragraph for all monthly monitoring periods during the delay of repair, the owner or (i) Determine the leak concentration (c)(2)(ii) of this section, a leak is as specified in paragraph (c) of this detected if the difference in the operator may delay repair until the next scheduled shutdown of the heat section and convert the stripping gas measurement value of the sample taken exchange system. If, during subsequent leak concentration (in ppmv as from a location specified in paragraph monthly monitoring, the delay of repair methane) to an equivalent liquid (c)(2)(i) of this section and the action level is exceeded, the owner or concentration, in parts per million by measurement value of the operator must repair the leak within 30 weight (ppmw), using equation 7–1 corresponding sample taken from the days of the monitoring event in which from ‘‘Air Stripping Method (Modified location specified in paragraph (c)(2)(ii) the leak was equal to or exceeded the El Paso Method) for Determination of of this section equals or exceeds the leak delay of repair action level. Volatile Organic Compound Emissions action level. (2) If the necessary equipment, parts, from Water Sources’’ Revision Number (ii) For all other heat exchange or personnel are not available and the One, dated January 2003, Sampling systems, a leak is detected if a total strippable hydrocarbon Procedures Manual, Appendix P: measurement value of the sample taken concentration is initially and remains Cooling Tower Monitoring, prepared by from a location specified in either less than the delay of repair action level Texas Commission on Environmental paragraph (c)(1)(i), (c)(1)(ii), or (c)(2)(i) for all monthly monitoring periods Quality, January 31, 2003 (incorporated of this section equals or exceeds the leak during the delay of repair, the owner or by reference—see § 63.14) and the action level. operator may delay the repair for a molecular weight of 16 grams per mole (d) If a leak is detected, the owner or maximum of 120 calendar days. The (g/mol) for methane. operator must repair the leak to reduce owner or operator must demonstrate (ii) Determine the mass flow rate of the measured concentration to below that the necessary equipment, parts, or the cooling water at the monitoring the applicable action level as soon as personnel were not available. If, during location where the leak was detected. If practicable, but no later than 45 days subsequent monthly monitoring, the the monitoring location is an individual after identifying the leak, except as delay of repair action level is exceeded, cooling tower riser, determine the total specified in paragraphs (e) and (f) of this the owner or operator must repair the cooling water mass flow rate to the section. Repair includes re-monitoring leak within 30 days of the monitoring cooling tower. Cooling water mass flow at the monitoring location where the event in which the leak was equal to or rates may be determined using direct leak was identified according to the exceeded the delay of repair action measurement, pump curves, heat method specified in paragraph (c)(3) of level. balance calculations, or other this section to verify that the measured (3) The delay of repair action level is engineering methods. Volumetric flow concentration is below the applicable a total strippable hydrocarbon measurements may be used and action level. Actions that can be taken concentration (as methane) in the converted to mass flow rates using the to achieve repair include but are not stripping gas of 62 ppmv. The delay of density of water at the specific limited to: repair action level is assessed as monitoring location temperature or * * * * * described in paragraph (f)(3)(i) or using the default density of water at 25 (e) If the owner or operator detects a (f)(3)(ii) of this section, as applicable. degrees Celsius, which is 997 kilograms leak when monitoring a cooling tower (i) For once-through heat exchange per cubic meter or 8.32 pounds per return line under paragraph (c)(1)(i) of systems for which the inlet water feed gallon. this section, the owner or operator may is monitored as described in paragraph (iii) For delay of repair monitoring conduct additional monitoring of each (c)(2)(ii) of this section, the delay of intervals prior to repair of the leak,

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calculate the potential strippable (ii) The number of heat exchange the monitoring requirements in hydrocarbon emissions for the leaking systems at the plant site found to be § 63.654, this must include heat exchange system or heat exchanger leaking. identification of all heat exchangers for the monitoring interval by (iii) For each monitoring location within each heat exchange system, and, multiplying the leak concentration in where the total strippable hydrocarbon for closed-loop recirculation systems, the cooling water, ppmw, determined in concentration was determined to be the cooling tower included in each heat (g)(4)(i) of this section, by the mass flow equal to or greater than the applicable exchange system. rate of the cooling water determined in leak definitions specified in (iii) Results of the following (g)(4)(ii) of this section and by the § 63.654(c)(6), identification of the monitoring data for each required duration of the delay of repair monitoring location (e.g., unique monitoring event: monitoring interval. The duration of the monitoring location or heat exchange (A) Date/time of event. delay of repair monitoring interval is the system ID number), the measured total (B) Barometric pressure. time period starting at midnight on the strippable hydrocarbon concentration, (C) El Paso air stripping apparatus day of the previous monitoring event or the date the leak was first identified, water flow milliliter/minute (ml/min) at midnight on the day the repair would and, if applicable, the date the source of and air flow, ml/min, and air have had to be completed if the repair the leak was identified; temperature, °Celsius. had not been delayed, whichever is (iv) For leaks that were repaired (D) FID reading (ppmv). later, and ending at midnight of the day during the reporting period (including (E) Length of sampling period. the of the current monitoring event. delayed repairs), identification of the (F) Sample volume. (iv) For delay of repair monitoring monitoring location associated with the (G) Calibration information identified intervals ending with a repaired leak, repaired leak, the total strippable in Section 5.4.2 of the ‘‘Air Stripping calculate the potential strippable hydrocarbon concentration measured Method (Modified El Paso Method) for hydrocarbon emissions for the leaking during re-monitoring to verify repair, Determination of Volatile Organic heat exchange system or heat exchanger and the re-monitoring date (i.e., the Compound Emissions from Water for the final delay of repair monitoring effective date of repair); and Sources’’ Revision Number One, dated interval by multiplying the duration of (v) For each delayed repair, January 2003, Sampling Procedures the final delay of repair monitoring identification of the monitoring location Manual, Appendix P: Cooling Tower interval by the leak concentration and associated with the leak for which Monitoring, prepared by Texas cooling water flow rates determined for repair is delayed, the date when the Commission on Environmental Quality, the last monitoring event prior to the re- delay of repair began, the date the repair January 31, 2003 (incorporated by monitoring event used to verify the leak is expected to be completed (if the leak reference—see § 63.14). was repaired. The duration of the final is not repaired during the reporting (iv) The date when a leak was delay of repair monitoring interval is the period), the total strippable hydrocarbon identified, the date the source of the time period starting at midnight of the concentration and date of each leak was identified, and the date when day of the last monitoring event prior to monitoring event conducted on the the heat exchanger was repaired or re-monitoring to verify the leak was delayed repair during the reporting taken out of service. repaired and ending at the time of the period, and an estimate of the potential (v) If a repair is delayed, the reason re-monitoring event that verified that strippable hydrocarbon emissions over for the delay, the schedule for the leak was repaired. the reporting period associated with the completing the repair, the heat exchange ■ 6. Section 63.655 is amended by: delayed repair. exit line flow or cooling tower return ■ a. Revising paragraph (f)(1)(vi); (h) * * * line average flow rate at the monitoring ■ b. Revising paragraph (g)(9); (7) The owner or operator of a heat location (in gallons/minute), and the ■ c. Adding paragraph (h)(7); and exchange system at an existing source estimate of potential strippable ■ d. Revising paragraph (i)(4). must notify the Administrator at least 30 hydrocarbon emissions for each The addition and revisions read as calendar days prior to changing from required monitoring interval during the follows: one of the monitoring options specified delay of repair. in § 63.654(c)(4) to the other. § 63.655 Reporting and recordkeeping (i) * * * * * * * * requirements. (4) The owner or operator of a heat [FR Doc. 2013–14624 Filed 6–19–13; 8:45 am] * * * * * exchange system subject to this subpart BILLING CODE 6560–50–P (f) * * * shall comply with the recordkeeping (1) * * * requirements in paragraphs (i)(4)(i) (vi) For each heat exchange system, through (v) of this section and retain DEPARTMENT OF COMMERCE identification of the heat exchange these records for 5 years. systems that are subject to the (i) Identification of all petroleum National Oceanic and Atmospheric requirements of this subpart. For heat refinery process unit heat exchangers at Administration exchange systems at existing sources, the facility and the average annual HAP the owner or operator shall indicate concentration of process fluid or 50 CFR Part 622 whether monitoring will be conducted intervening cooling fluid estimated [Docket No. 1206013412–2517–02] as specified in § 63.654(c)(4)(i) or when developing the Notification of RIN 0648–XC702 § 63.654(c)(4)(ii). Compliance Status report. * * * * * (ii) Identification of all heat exchange Fisheries of the Caribbean, Gulf of (g) * * * systems subject to the monitoring Mexico, and South Atlantic; 2013 (9) For heat exchange systems, requirements in § 63.654 and Commercial Accountability Measure Periodic Reports must include the identification of all heat exchange and Closure for Gulf of Mexico Greater following information: systems that are exempt from the Amberjack (i) The number of heat exchange monitoring requirements according to systems at the plant site subject to the the provisions in § 63.654(b). For each AGENCY: National Marine Fisheries monitoring requirements in § 63.654. heat exchange system that is subject to Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), reached, or is projected to be reached, commercial ACT (commercial quota) Commerce. by filing a notification to that effect with and commercial ACL. the Office of the Federal Register. NMFS ACTION: Temporary rule; closure. Classification has determined the adjusted 2013 SUMMARY: NMFS implements commercial ACT (commercial quota) The Regional Administrator, accountability measures (AMs) for will be reached by July 1, 2013. Southeast Region, NMFS, has commercial greater amberjack in the Accordingly, the commercial sector for determined this temporary rule is Gulf of Mexico (Gulf) reef fish fishery Gulf greater amberjack is closed necessary for the conservation and for the 2013 fishing year through this effective 12:01 a.m., local time, July 1, management of the Gulf greater temporary final rule. Commercial 2013, until 12:01 a.m., local time, amberjack component of the Gulf reef landings for greater amberjack, as January 1, 2014. fish fishery and is consistent with the estimated by the Science and Research Magnuson-Stevens Act, the FMP, and The operator of a vessel with a valid Director (SRD), are projected to reach other applicable laws. commercial vessel permit for Gulf reef the commercial ACT (commercial quota) This action is taken under 50 CFR fish having greater amberjack aboard on July 1, 2013. Therefore, NMFS closes 622.41(a)(1) and is exempt from review must have landed, bartered, traded, or the commercial sector for greater under Executive Order 12866. sold such greater amberjack prior to amberjack in the Gulf on July 1, 2013, These measures are exempt from the 12:01 a.m., local time, July 1, 2013. A and it will remain closed until the start procedures of the Regulatory Flexibility of the next fishing season, January 1, person aboard a vessel that has a Act because the temporary rule is issued 2014. This closure is necessary to Federal commercial vessel permit for without opportunity for prior notice and protect the Gulf greater amberjack Gulf reef fish and commercial quantities comment. resource. of Gulf reef fish, may not possess Gulf This action responds to the best DATES: This rule is effective 12:01 a.m., reef fish caught under a bag limit, as available information recently obtained local time, July 1, 2013, until 12:01 a.m., specified in 50 CFR 622.38(a)(2). During from the fishery. The Assistant local time, January 1, 2014. the commercial closure, the bag limit Administrator for Fisheries, NOAA, specified in 50 CFR 622.38(b)(1), applies FOR FURTHER INFORMATION CONTACT: Rich (AA), finds that the need to immediately to all harvest or possession of greater Malinowski, telephone: 727–824–5305, implement this action to close the amberjack in or from the Gulf EEZ, or email: [email protected]. commercial sector for greater amberjack including the bag limit that may be SUPPLEMENTARY INFORMATION: constitutes good cause to waive the NMFS retained by the captain or crew of a manages the reef fish fishery of the Gulf, requirements to provide prior notice vessel operating as a charter vessel or and opportunity for public comment which includes greater amberjack, headboat. The bag limit for such captain under the Fishery Management Plan for pursuant to the authority set forth in 5 and crew is zero. During the commercial the Reef Fish Resources of the Gulf U.S.C. 553(b)(B), as such procedures closure, the possession limits specified (FMP). The Gulf of Mexico Fishery would be unnecessary and contrary to in 50 CFR 622.38(c), apply to all harvest Management Council (Council) the public interest. Such procedures or possession of greater amberjack in or prepared the FMP and NMFS would be unnecessary because the rule from the Gulf EEZ. However, from June implements the FMP under the itself has been subject to notice and 1 through July 31 each year, the authority of the Magnuson-Stevens comment, and all that remains is to recreational sector for greater amberjack Fishery Conservation and Management notify the public of the closure. is also closed, as specified in 50 CFR Act (Magnuson-Stevens Act) by Additionally, prior notice and 622.34(c), and during this recreational regulations at 50 CFR part 622. All opportunity for public comment would closure, the bag and possession limit for greater amberjack weights discussed in be contrary to the public interest. Given greater amberjack in or from the Gulf this temporary rule are in round weight. the ability of the commercial sector to The commercial annual catch limit EEZ is zero. During the commercial rapidly harvest fishery resources, there (ACL) for Gulf greater amberjack is closure, the sale or purchase of greater is a need to immediately implement the 481,000 lb (218,178 kg), as specified in amberjack taken from the EEZ is closure for the remainder of the 2013 50 CFR 622.41(a)(1), and the prohibited. The prohibition on sale or fishing year. Taking time to provide commercial ACT (equivalent to the purchase does not apply to the sale or prior notice and opportunity for public commercial quota) is 409,000 lb purchase of greater amberjack that were comment creates a higher likelihood of (185,519 kg), as specified in 50 CFR harvested, landed ashore, and sold prior the reduced commercial ACT 622.39(a)(1)(v). However, due to an to 12:01 a.m., local time, July 1, 2013, (commercial quota) and commercial overage of the commercial ACL in 2012, and were held in cold storage by a ACL being exceeded. NMFS implemented AMs to reduce the dealer or processor. For the aforementioned reasons, the commercial ACT and ACL in 2013. The The 2014 commercial ACT AA also finds good cause to waive the commercial ACT (commercial quota) (commercial quota) for greater 30-day delay in the effectiveness of this was reduced to 338,157 lb (153,385 kg) amberjack will return to 409,000 lb action under 5 U.S.C. 553(d)(3). for 2013 and the commercial ACL was (185,519 kg), as specified at 50 CFR Authority: 16 U.S.C. 1801 et seq. reduced to 410,157 lb (186,044 kg) for 622.39(a)(1)(v), and the commercial ACL 2013 through a temporary rule (78 FR for greater amberjack will return to Dated: June 17, 2013. 13284, February 27, 2013). 481,000 lb (218,178 kg), as specified in Kelly Denit, Under 50 CFR 622.41(a)(1)(i), NMFS 50 CFR 622.41(a)(1)(iii), unless AMs are Acting Deputy Director, Office of Sustainable is required to close the commercial implemented due to a commercial ACL Fisheries, National Marine Fisheries Service. sector for greater amberjack when the overage, or the Council takes subsequent [FR Doc. 2013–14745 Filed 6–17–13; 4:15 pm] commercial ACT (commercial quota) is regulatory action to adjust the BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 78, No. 119

Thursday, June 20, 2013

This section of the FEDERAL REGISTER (503) 326–2724, Fax: (503) 326–7440, or voluntary. Ballots postmarked after contains notices to the public of the proposed Email: [email protected] or October 4, 2013, will not be included in issuance of rules and regulations. The [email protected]. the vote tabulation. purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: Pursuant Manuel Michel and Gary D. Olson of persons an opportunity to participate in the the Northwest Marketing Field Office, rule making prior to the adoption of the final to Marketing Agreement and Order No. rules. 956, both as amended (7 CFR Part 956), Fruit and Vegetable Program, AMS, hereinafter referred to as the ‘‘order,’’ USDA, are hereby designated as the and the applicable provisions of the referendum agents of the Secretary of DEPARTMENT OF AGRICULTURE Agricultural Marketing Agreement Act Agriculture to conduct this referendum. of 1937, as amended (7 U.S.C. 601–674), The procedure applicable to the Agricultural Marketing Service hereinafter referred to as the ‘‘Act,’’ it is referendum shall be the ‘‘Procedure for hereby directed that a referendum be the Conduct of Referenda in Connection 7 CFR Part 956 conducted to ascertain whether With Marketing Orders for Fruits, [Docket No. AMS–FV–13–0024; FV13–956– continuance of the order is favored by Vegetables, and Nuts Pursuant to the 1 CR] the producers. The referendum shall be Agricultural Marketing Agreement Act conducted from September 14 through of 1937, as Amended’’ (7 CFR 900.400– Sweet Onions Grown in the Walla October 4, 2013, among Walla Walla 900.407). Walla Valley of Southeast Washington sweet onion producers in the Ballots will be mailed to all producers and Northeast Oregon; Continuance production area. Only Walla Walla of record and may also be obtained from Referendum sweet onion producers that were the referendum agents, or from their engaged in the production of Walla appointees. AGENCY: Agricultural Marketing Service, Walla sweet onions in Washington and USDA. List of Subjects in 7 CFR Part 956 Oregon, during the period of January 1 ACTION: Referendum order. through December 31, 2012, may Marketing agreements, Onions, participate in the continuance Reporting and recordkeeping SUMMARY: This document directs that a requirements. referendum be conducted among referendum. eligible producers of sweet onions in the USDA has determined that Authority: 7 U.S.C. 601–674. continuance referenda are an effective Walla Walla Valley of southeast Dated: June 14, 2013. means for determining whether Washington and northeast Oregon, to Rex A. Barnes, determine whether they favor producers favor the continuation of marketing order programs. USDA would Associate Administrator, Agricultural continuance of the marketing order Marketing Service. consider termination of the order if a regulating the handling of sweet onions [FR Doc. 2013–14709 Filed 6–19–13; 8:45 am] produced in the production area. majority of the producers voting in the referendum and producers of a majority BILLING CODE 3410–02–P DATES: The referendum will be of the volume of Walla Walla sweet conducted from September 14 through onions represented in the referendum October 4, 2013. To vote in this do not favor continuance. In evaluating DEPARTMENT OF TRANSPORTATION referendum, producers must have the merits of continuance versus produced Walla Walla sweet onions termination, USDA will not exclusively Federal Aviation Administration within the designated production area consider the results of the continuance in Washington and Oregon during the referendum. USDA will also consider all 14 CFR Part 39 period January 1 through December 31, other relevant information concerning 2012. [Docket No. FAA–2013–0519; Directorate the operation of the order and the Identifier 2010–SW–068–AD] ADDRESSES: Copies of the marketing relative benefits and disadvantages to order may be obtained from the producers, handlers, and consumers in RIN 2120–AA64 referendum agents at 805 SW. order to determine whether continued Broadway, Suite 930, Portland, OR Airworthiness Directives; Eurocopter operation of the order would tend to Deutschland GmbH (ECD) Helicopters 97205, or the Office of the Docket Clerk, effectuate the declared policy of the Act. Marketing Order and Agreement In accordance with the Paperwork AGENCY: Federal Aviation Division, Fruit and Vegetable Program, Reduction Act of 1995 (44 U.S.C. 3501– Administration (FAA), DOT. AMS, USDA, 1400 Independence 3520), the ballot materials to be used in ACTION: Notice of proposed rulemaking Avenue SW., STOP 0237, Washington, the referendum herein ordered have (NPRM). DC 20250–0237; Fax: (202) 720–8938; or been submitted to and approved by the Internet: www.regulations.gov. Office of Management and Budget SUMMARY: We propose to adopt a new FOR FURTHER INFORMATION CONTACT: (OMB) and have been assigned OMB airworthiness directive (AD) for ECD Manuel Michel, Marketing Specialist, or No. 0581–0178, Vegetable and Specialty Model BO105C (C–2 and CB–2 Variants) Gary D. Olson, Regional Director, Crop Marketing Orders. It has been and BO105S (CS–2 and CBS–2 Variants) Northwest Marketing Field Office, estimated that it will take an average of helicopters with a certain third stage Marketing Order and Agreement 20 minutes for each of the turbine wheel installed. This proposed Division, Fruit and Vegetable Program, approximately 21 producers of Walla AD would require installing a placard AMS, USDA, 805 SW. Broadway, Suite Walla sweet onions in Washington and on the instrument panel and revising 930, Portland, OR 97205; Telephone: Oregon to cast a ballot. Participation is the limitations section of the rotorcraft

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flight manual (RFM). This proposed AD Comments Invited between 86.5% and 95.5% turbine is prompted by several incidents of speeds. third stage engine turbine wheel We invite you to participate in this The EASA AD requires amending the failures, which were caused by rulemaking by submitting written RFMs and installing a placard as excessive vibrations at certain engine comments, data, or views. We also described in ECD Alert Service Bulletin speeds during steady-state operations. invite comments relating to the No. BO105–60–110, Revision 1, dated The proposed actions are intended to economic, environmental, energy, or March 3, 2010 (ASB BO105). alert pilots to avoid certain engine federalism impacts that might result FAA’s Determination speeds during steady-state operations, from adopting the proposals in this prevent failure of the third stage engine document. The most helpful comments These helicopters have been approved turbine, engine power loss, and reference a specific portion of the by the aviation authority of Germany subsequent loss of control of the proposal, explain the reason for any and are approved for operation in the helicopter. recommended change, and include United States. Pursuant to our bilateral supporting data. To ensure the docket agreement with Germany, EASA, its DATES: We must receive comments on does not contain duplicate comments, this proposed AD by August 19, 2013. technical representative, has notified us commenters should send only one copy of the unsafe condition described in its ADDRESSES: You may send comments by of written comments, or if comments are AD. We are proposing this AD because any of the following methods: filed electronically, commenters should we evaluated all known relevant • Federal eRulemaking Docket: Go to submit only one time. information and determined that an http://www.regulations.gov. Follow the unsafe condition is likely to exist or online instructions for sending your We will file in the docket all develop on other helicopters of the same comments electronically. comments that we receive, as well as a • Fax: 202–493–2251. report summarizing each substantive type design. • Mail: Send comments to the U.S. public contact with FAA personnel Related Service Information Department of Transportation, Docket concerning this proposed rulemaking. ECD has issued ASB BO105, which Operations, M–30, West Building Before acting on this proposal, we will contains procedures for installing a Ground Floor, Room W12–140, 1200 consider all comments we receive on or placard on the instrument panel stating New Jersey Avenue SE., Washington, before the closing date for comments. the prohibited steady-state turbine DC 20590–0001. We will consider comments filed after • Hand Delivery: Deliver to the the comment period has closed if it is operating range. Revision 1 of ASB ‘‘Mail’’ address between 9 a.m. and 5 possible to do so without incurring BO105 removed the temporary RFM p.m., Monday through Friday, except expense or delay. We may change this pages as these changes were included in Federal holidays. proposal in light of the comments we the most recent revisions of the receive. BO105C/CS and BO105CB/CBS RFMs. Examining the AD Docket Proposed AD Requirements You may examine the AD docket on Discussion the Internet at http:// This proposed AD would require The European Aviation Safety Agency installing a placard on the instrument www.regulations.gov or in person at the (EASA), which is the aviation authority Docket Operations Office between 9 panel next to the triple RPM indicator for Germany, has issued EASA AD No. and revising the Operating Limitations a.m. and 5 p.m., Monday through 2010–0128, dated June 25, 2010 (EASA Friday, except Federal holidays. The AD sections of the Model BO 105C/CS and 2010–0128), to correct an unsafe BO105 CB/CBS RFMs to limit steady- docket contains this proposed AD, the condition for Model BO 105 C, BO 105 economic evaluation, any comments state operations between speeds of D, and BO 105 S helicopters, and certain 86.5% and 95.5%. received, and other information. The variants of those models. EASA advises street address for the Docket Operations that several failures of third stage Costs of Compliance Office (telephone 800–647–5527) is in turbine wheels used in Rolls Royce We estimate that this proposed AD the ADDRESSES section. Comments will Corporation (RRC) 250 series engines would affect 80 helicopters of U.S. be available in the AD docket shortly have occurred. According to EASA, RRC Registry. after receipt. has determined that detrimental Based on an average labor rate of $85 For service information identified in vibrations can occur within a particular this proposed AD, contact American per hour, we estimate that operators range of turbine speeds, and may be a may incur the following costs in order Eurocopter Corporation, 2701 N. Forum contributing factor to these failures. Drive, Grand Prairie, TX 75052; to comply with this AD. Amending the This condition, if not corrected, could RFM would require about 0.5 work- telephone (972) 641–0000 or (800) 232– result in loss of engine power, possibly 0323; fax (972) 641–3775; or at http:// hours, for a cost per helicopter of about resulting in an emergency landing and $43 and a cost to U.S. operators of www.eurocopter.com/techpub. You may injuries to the helicopter occupants. To review the referenced service $3,440. Installing the decal would address this, RRC issued Commercial require about 0.2 work-hours, and information at the FAA, Office of the Engine Bulletin (CEB) A–1400, now at Regional Counsel, Southwest Region, required parts would cost about $5, for revision 3, for engines with a third stage a cost per helicopter of $22 and a cost 2601 Meacham Blvd., Room 663, Fort turbine wheel, part number (P/N) Worth, Texas 76137. to U.S. operators of $1,760. Based on 23065833, installed. CEB A–1400 these estimates, the total cost of this FOR FURTHER INFORMATION CONTACT: introduces an operational limitation to proposed AD would be $65 per Chinh Vuong, Aviation Safety Engineer, avoid engine power turbine (N2) steady- helicopter and $5,200 for the U.S. Safety Management Group, Rotorcraft state operation in a speed range between operator fleet. Directorate, FAA, 2601 Meacham Blvd., 86.5% and 95.5% for more than 60 Fort Worth, Texas 76137; telephone seconds in single or cumulative events. Authority for This Rulemaking (817) 222–5110; email In response, ECD has revised the RFM Title 49 of the United States Code [email protected]. and has provided a placard to inform specifies the FAA’s authority to issue SUPPLEMENTARY INFORMATION: pilots to avoid steady-state operations rules on aviation safety. Subtitle I,

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section 106, describes the authority of § 39.13 [Amended] subject of this AD. For service information the FAA Administrator. ‘‘Subtitle VII: ■ 2. The FAA amends § 39.13 by adding identified in this AD, contact American Aviation Programs,’’ describes in more the following new airworthiness Eurocopter Corporation, 2701 N. Forum detail the scope of the Agency’s directive (AD): Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) authority. Eurocopter Deutschland GmbH (ECD): 641–3775; or at http://www.eurocopter.com/ We are issuing this rulemaking under Docket No. FAA–2013–0519; Directorate techpub. You may review a copy of the the authority described in ‘‘Subtitle VII, Identifier 2010–SW–068–AD. service information at the FAA, Office of the Part A, Subpart III, Section 44701: (a) Applicability Regional Counsel, Southwest Region, 2601 General requirements.’’ Under that Meacham Blvd., Room 663, Fort Worth, section, Congress charges the FAA with This AD applies to ECD Model BO105C (C– Texas 76137. promoting safe flight of civil aircraft in 2 and CB–2 Variants) and BO105S (CS–2 and (2) The subject of this AD is addressed in CBS–2 Variants) helicopters with a third air commerce by prescribing regulations European Aviation Safety Agency AD No. stage turbine wheel, part number (P/N) 2010–0128, dated June 25, 2010. for practices, methods, and procedures 23065833, installed, certificated in any the Administrator finds necessary for category. (h) Subject safety in air commerce. This regulation (b) Unsafe Condition Joint Aircraft Service Component (JASC) is within the scope of that authority Code: 7250: Turbine Section. because it addresses an unsafe condition This AD defines the unsafe condition as a Issued in Fort Worth, Texas, on June 13, that is likely to exist or develop on third stage turbine vibration, which could result in turbine failure, engine power loss 2013. products identified in this rulemaking and subsequent loss of control of the Kim Smith, action. helicopter. Directorate Manager, Rotorcraft Directorate, Regulatory Findings (c) Comments Due Date Aircraft Certification Service. We determined that this proposed AD We must receive comments by August 19, [FR Doc. 2013–14697 Filed 6–19–13; 8:45 am] would not have federalism implications 2013. BILLING CODE 4910–13–P under Executive Order 13132. This (d) Compliance proposed AD would not have a You are responsible for performing each DEPARTMENT OF TRANSPORTATION substantial direct effect on the States, on action required by this AD within the the relationship between the national specified compliance time unless it has Federal Aviation Administration Government and the States, or on the already been accomplished prior to that time. distribution of power and 14 CFR Part 39 responsibilities among the various (e) Required Actions levels of government. Within 30 days: [Docket No. FAA–2013–0525; Directorate For the reasons discussed, I certify (1) For BO105C–2 and BO105CS–2 Variant Identifier 2011–SW–063–AD] this proposed regulation: helicopters, revise the Rotorcraft Flight Manual (RFM), Section 2, Limitations RIN 2120–AA64 1. Is not a ‘‘significant regulatory Section, by inserting page 2–25 of ECD Flight action’’ under Executive Order 12866; Manual BO105 C/CS, revision 5. Airworthiness Directives; Bell 2. Is not a ‘‘significant rule’’ under the (2) For BO105CB–2 and BO105CBS–2 Helicopter Textron Canada Limited DOT Regulatory Policies and Procedures Variant helicopters, revise the RFM, Section (Bell) Helicopters (44 FR 11034, February 26, 1979); 2, Limitations Section, by inserting pages 2– 3. Will not affect intrastate aviation in 8 and 2–27 of ECD Flight Manual BO105 CB/ AGENCY: Federal Aviation Alaska to the extent that it justifies CBS, revision 8. Administration (FAA), DOT. (3) Install a placard on the instrument making a regulatory distinction; and ACTION: panel next to the triple RPM indicator that Notice of proposed rulemaking 4. Will not have a significant (NPRM). economic impact, positive or negative, states: MIN. CONTINUOUS 98% N 2 SUMMARY: on a substantial number of small entities MIN. TRANSIENT 95% N We propose to adopt a new under the criteria of the Regulatory 2 airworthiness directive (AD) for Bell Flexibility Act. (f) Alternative Methods of Compliance Model 206L, L–1, L–3, and L–4 We prepared an economic evaluation (AMOCs) helicopters. This proposed AD would of the estimated costs to comply with (1) The Manager, Safety Management require measuring each main rotor (M/ this proposed AD and placed it in the Group, FAA, may approve AMOCs for this R) blade spar space to determine AD docket. AD. Send your proposal to: Chinh Vuong, whether it is oversized and reidentifying Aviation Safety Engineer, Safety Management the blade and reducing the life limit of List of Subjects in 14 CFR Part 39 Group, Rotorcraft Directorate, FAA, 2601 the blade if the spar spacer is oversized. Air transportation, Aircraft, Aviation Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222–5110; email This proposed AD is prompted by the safety, Incorporation by reference, [email protected]. manufacture of certain main rotor Safety. (2) For operations conducted under a 14 blades with an oversized spar spacer The Proposed Amendment CFR part 119 operating certificate or under and the determination to reduce the life 14 CFR part 91, subpart K, we suggest that limits of those main rotor blades. The Accordingly, under the authority you notify your principal inspector, or proposed actions are intended to delegated to me by the Administrator, lacking a principal inspector, the manager of prevent failure of a M/R blade and the FAA proposes to amend 14 CFR part the local flight standards district office or subsequent loss of control of the 39 as follows: certificate holding district office before operating any aircraft complying with this helicopter. PART 39—AIRWORTHINESS AD through an AMOC. DATES: We must receive comments on DIRECTIVES (g) Additional Information this proposed AD by August 19, 2013. ADDRESSES: You may send comments by ■ 1. The authority citation for part 39 (1) ECD Alert Service Bulletin No. BO105– 60–110, revision 1, dated March 3, 2010, any of the following methods: continues to read as follows: which is not incorporated by reference, • Federal eRulemaking Docket: Go to Authority: 49 U.S.C. 106(g), 40113, 44701. contains additional information about the http://www.regulations.gov. Follow the

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online instructions for sending your We will file in the docket all Differences between This Proposed AD comments electronically. comments that we receive, as well as a and the EASA AD • Fax: 202–493–2251. report summarizing each substantive • TCAA requires compliance time Mail: Send comments to the U.S. public contact with FAA personnel within 100 hours air time or 30 days; Department of Transportation, Docket concerning this proposed rulemaking. this proposed AD would require Operations, M–30, West Building Before acting on this proposal, we will compliance within 100 hours TIS. Ground Floor, Room W12–140, 1200 consider all comments we receive on or New Jersey Avenue SE., Washington, before the closing date for comments. Costs of Compliance DC 20590–0001. We will consider comments filed after We estimate that this proposed AD • Hand Delivery: Deliver to the the comment period has closed if it is would affect 688 helicopters of U.S. ‘‘Mail’’ address between 9 a.m. and 5 possible to do so without incurring Registry. p.m., Monday through Friday, except expense or delay. We may change this We estimate that operators may incur Federal holidays. proposal in light of the comments we the following costs in order to comply Examining the AD Docket receive. with this AD. It would take about 2.5 work hours to measure the spar spacer Discussion You may examine the AD docket on and reidentify the blade at $85 per work the Internet at http:// Transport Canada Civil Aviation hour for a total of $213 per helicopter. www.regulations.gov or in person at the (TCAA), which is the aviation authority According to Bell’s service Docket Operations Office between 9 for Canada, has issued AD No. CF– information some of the costs of this a.m. and 5 p.m., Monday through 2011–43, dated November 10, 2011, to proposed AD may be covered under Friday, except Federal holidays. The AD correct an unsafe condition for Bell warranty, thereby reducing the cost docket contains this proposed AD, the Model 206L, L–1, L–3, and L–4 impact on affected individuals. We do economic evaluation, any comments helicopters. TCAA advises that, during not control warranty coverage by Bell. received, and other information. The manufacturing, some M/R blades were Accordingly, we have included all costs street address for the Docket Operations inadvertently fitted with oversized spar in our cost estimate. Office (telephone 800–647–5527) is in spacers, which reduces the life of the Authority for This Rulemaking the ADDRESSES section. Comments will blades from 3600 to 2300 hours ‘‘air be available in the AD docket shortly time.’’ As a result, TCCA has mandated Title 49 of the United States Code after receipt. procedures to reidentify blades that specifies the FAA’s authority to issue For service information identified in have oversized spar spacers with new rules on aviation safety. Subtitle I, this proposed AD, contact Bell part numbers and reduce the life section 106, describes the authority of Helicopter Textron Canada Limited, limitation for such blades. the FAA Administrator. ‘‘Subtitle VII: 12,800 Rue de l’Avenir, Mirabel, Quebec Aviation Programs,’’ describes in more J7J1R4; telephone (450) 437–2862 or FAA’s Determination detail the scope of the Agency’s (800) 363–8023; fax (450) 433–0272; or These helicopters have been approved authority. We are issuing this rulemaking under at http://www.bellcustomer.com/files/. by TCAA and are approved for the authority described in ‘‘Subtitle VII, You may review the referenced service operation in the United States. Pursuant Part A, Subpart III, Section 44701: information at the FAA, Office of the to our bilateral agreement with Canada, General requirements.’’ Under that Regional Counsel, Southwest Region, TCAA, its technical representative, has section, Congress charges the FAA with 2601 Meacham Blvd., Room 663, Fort notified us of the unsafe condition promoting safe flight of civil aircraft in Worth, Texas 76137. described in its AD. We are proposing air commerce by prescribing regulations FOR FURTHER INFORMATION CONTACT: this AD because we evaluated all known for practices, methods, and procedures Sharon Miles, Aerospace Engineer, relevant information and determined the Administrator finds necessary for FAA, Rotorcraft Directorate, Regulations that an unsafe condition is likely to safety in air commerce. This regulation and Policy Group, 2601 Meacham Blvd., exist or develop on other helicopters of is within the scope of that authority Fort Worth, Texas 76137, telephone the same type design. (817) 222–5110, email because it addresses an unsafe condition [email protected]. Related Service Information that is likely to exist or develop on products identified in this rulemaking Bell issued Alert Service Bulletin No. SUPPLEMENTARY INFORMATION: action. 206L–09–163, dated November 13, Comments Invited 2009, which specifies inspecting certain Regulatory Findings We invite you to participate in this M/R blades for oversized spar spacers We determined that this proposed AD rulemaking by submitting written and reidentifying and reducing the life would not have federalism implications comments, data, or views. We also limit of any blade with an oversized under Executive Order 13132. This invite comments relating to the spar spacer from 3600 to 2300 flight proposed AD would not have a economic, environmental, energy, or hours. substantial direct effect on the States, on federalism impacts that might result Proposed AD Requirements the relationship between the national from adopting the proposals in this Government and the States, or on the document. The most helpful comments This proposed AD would require, distribution of power and reference a specific portion of the within a specified time, measuring the responsibilities among the various proposal, explain the reason for any M/R blade spar spacer. If a blade is levels of government. recommended change, and include fitted with an oversized spacer, this AD For the reasons discussed, I certify supporting data. To ensure the docket would require reidentifying the blade, this proposed regulation: does not contain duplicate comments, reducing the life limit for the blade from 1. Is not a ‘‘significant regulatory commenters should send only one copy 3,600 hours time-in-service (TIS) to action’’ under Executive Order 12866; of written comments, or if comments are 2,300 hours TIS, and making an entry 2. Is not a ‘‘significant rule’’ under the filed electronically, commenters should on the component history card or DOT Regulatory Policies and Procedures submit only one time. equivalent record. (44 FR 11034, February 26, 1979);

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3. Will not affect intrastate aviation in (2) For each M/R blade with a S/N listed Eurocopter France (Eurocopter) Model Alaska to the extent that it justifies in Table 2 of the ASB, measure the M/R blade AS350B, AS350BA, AS350B1, making a regulatory distinction; and spar spacer by following the AS350B2, AS350B3, AS350C, AS350D, 4. Will not have a significant Accomplishment Instructions, Part II B, AS350D1, AS355E, AS355F, AS355F1, economic impact, positive or negative, paragraphs 1 through 3, of the ASB. If the spar spacer measures more than 1.018 inches AS355F2, AS355N, and AS355NP on a substantial number of small entities (25.86 millimeters), reidentify the blade by helicopters with sliding doors, except under the criteria of the Regulatory following Part II B, paragraph 5 and Table 4, those with modification AL.4262. This Flexibility Act. of the ASB. proposed AD would require removing We prepared an economic evaluation (3) For each reidentified blade, reduce the from service certain part-numbered nuts of the estimated costs to comply with life limit from 3,600 hours TIS to 2,300 hours and washers from the lower ball-joint this proposed AD and placed it in the TIS, and make an entry on the component bolt. This proposed AD is prompted by AD docket. history card or equivalent record. a report of a sliding door detaching from (4) Before further flight, remove any blade the helicopter in flight. The proposed List of Subjects in 14 CFR Part 39 that exceeds the new retirement life of 2,300 hours TIS. actions are intended to prevent loss of Air transportation, Aircraft, Aviation the lower ball-joint nut, which could safety, Incorporation by Reference, (e) Alternative Methods of Compliance lead to loss of the sliding door and Safety. (AMOCs) damage to the helicopter. The Proposed Amendment (1) The Manager, Safety Management DATES: We must receive comments on Group, FAA, may approve AMOCs for this this proposed AD by August 19, 2013. Accordingly, under the authority AD. Send your proposal to: Sharon Miles, delegated to me by the Administrator, Aerospace Engineer, FAA, Rotorcraft ADDRESSES: You may send comments by the FAA proposes to amend 14 CFR part Directorate, Regulations and Policy Group, any of the following methods: 39 as follows: 2601 Meacham Blvd., Fort Worth, Texas • Federal eRulemaking Docket: Go to 76137, telephone (817) 222–5110, email http://www.regulations.gov. Follow the PART 39—AIRWORTHINESS [email protected]. online instructions for sending your DIRECTIVES (2) For operations conducted under a 14 comments electronically. CFR part 119 operating certificate or under • Fax: 202–493–2251. ■ 1. The authority citation for part 39 14 CFR part 91, subpart K, we suggest that • Mail: Send comments to the U.S. continues to read as follows: you notify your principal inspector, or Department of Transportation, Docket lacking a principal inspector, the manager of Authority: 49 U.S.C. 106(g), 40113, 44701. the local flight standards district office or Operations, M–30, West Building Ground Floor, Room W12–140, 1200 § 39.13 [Amended] certificate holding district office before operating any aircraft complying with this New Jersey Avenue SE., Washington, ■ 2. The FAA amends § 39.13 by adding AD through an AMOC. DC 20590–0001. the following new airworthiness • Hand Delivery: Deliver to the (f) Additional Information directive (AD): ‘‘Mail’’ address between 9 a.m. and 5 Bell Helicopter Textron Canada Limited: The subject of this AD is addressed in p.m., Monday through Friday, except Docket No. FAA–2013–0525; Directorate Transport Canada Civil Aviation AD CF– Federal holidays. Identifier 2011–SW–063–AD. 2011–41, dated November 10, 2011. Examining the AD Docket (a) Applicability (g) Subject You may examine the AD docket on This AD applies to Model 206L, L–1, L–3, Joint Aircraft Service Component (JASC) Code: 6210 Main Rotor Blades. the Internet at http:// and L–4 helicopters with a main rotor (M/R) www.regulations.gov or in person at the blade, part number (P/N) 206–015–001–115, Issued in Fort Worth, Texas, on June 13, –117, –119, or –121, with a serial number (S/ 2013. Docket Operations Office between 9 a.m. and 5 p.m., Monday through N) listed in Table 1 or 2 of Bell Helicopter Kim Smith, Alert Service Bulletin No. 206L–09–163, Friday, except Federal holidays. The AD Directorate Manager, Rotorcraft Directorate, dated November 13, 2009 (ASB), certificated docket contains this proposed AD, the Aircraft Certification Service. in any category. economic evaluation, any comments [FR Doc. 2013–14704 Filed 6–19–13; 8:45 am] (b) Unsafe Condition received, and other information. The BILLING CODE 4910–13–P street address for the Docket Operations This AD defines the unsafe condition as Office (telephone 800–647–5527) is in the manufacture of a M/R blade with an oversized spar spacer. This condition could DEPARTMENT OF TRANSPORTATION the ADDRESSES section. Comments will result in failure of a M/R blade and be available in the AD docket shortly subsequent loss of control of the helicopter. Federal Aviation Administration after receipt. For service information identified in (c) Compliance 14 CFR Part 39 this proposed AD, contact American You are responsible for performing each Eurocopter Corporation, 2701 N. Forum action required by this AD within the [Docket No. FAA–2013–0523; Directorate Drive, Grand Prairie, TX 75052; specified compliance time unless it has Identifier 2012–SW–091–AD] telephone (972) 641–0000 or (800) 232– already been accomplished prior to that time. RIN 2120–AA64 0323; fax (972) 641–3775; or at http:// (d) Actions Required www.eurocopter.com/techpub. You may Within 100 hours time-in-service (TIS): Airworthiness Directives; Eurocopter review the referenced service (1) For each M/R blade with a S/N listed France Helicopters information at the FAA, Office of the in Table 1 of the ASB, measure the M/R blade Regional Counsel, Southwest Region, spar spacer by following the AGENCY: Federal Aviation Administration (FAA), DOT. 2601 Meacham Blvd., Room 663, Fort Accomplishment Instructions, Part II A), Worth, Texas 76137. paragraphs 1 through 3, of the ASB. If the ACTION: Notice of proposed rulemaking spar spacer measures more than 1.018 inches (NPRM). FOR FURTHER INFORMATION CONTACT: (25.86 millimeters), reidentify the blade by Robert Grant, Aviation Safety Engineer, following Part II A, paragraph 5.a. and Table SUMMARY: We propose to adopt a new Safety Management Group, FAA, 2601 3, of the ASB. airworthiness directive (AD) for Meacham Blvd., Fort Worth, Texas

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76137; telephone 817–222–5110; email tightening, and is assumed to be the helicopter is not type-certificated in the [email protected]. reason for the ball-joint attachment U.S., but it would apply to Models SUPPLEMENTARY INFORMATION: failure and loss of the sliding door. This AS350C and AS350D1 because those failure of the self-locking characteristics models have a similar lower ball joint Comments Invited of the nut could lead to loss of the nut and washer. sliding door in-flight, potentially We invite you to participate in this Costs of Compliance rulemaking by submitting written resulting in damage of the surrounding comments, data, or views. We also helicopter structure and possible injury We estimate that this proposed AD invite comments relating to the to persons on the ground. For these would affect 900 helicopters of U.S. economic, environmental, energy, or reasons, EASA issued AD 2012–0205 to Registry. We estimate that operators federalism impacts that might result require modification AL.4262, which may incur the following costs in order from adopting the proposals in this specifies replacing each nut, part to comply with this AD. At an average document. The most helpful comments number (P/N) ASN52320BH060N, and labor rate of $85 per hour, replacing the reference a specific portion of the washer, P/N 23111AG0LE, with nut, nuts and washers on the sliding doors proposal, explain the reason for any P/N 22542K060, and lock-washer, P/N would require about 1 work-hour, and recommended change, and include 23351AC060LE, on the lower ball-joint required parts costs would be minimal, supporting data. To ensure the docket bolt. for a cost per helicopter of $85 and a total cost to U.S. operators of $76,500. does not contain duplicate comments, FAA’s Determination commenters should send only one copy These helicopters have been approved Authority for This Rulemaking of written comments, or if comments are by the aviation authority of France and filed electronically, commenters should Title 49 of the United States Code are approved for operation in the United submit only one time. specifies the FAA’s authority to issue States. Pursuant to our bilateral We will file in the docket all rules on aviation safety. Subtitle I, agreement with France, EASA, its comments that we receive, as well as a section 106, describes the authority of technical representative, has notified us report summarizing each substantive the FAA Administrator. ‘‘Subtitle VII: of the unsafe condition described in its public contact with FAA personnel Aviation Programs,’’ describes in more AD. We are proposing this AD because concerning this proposed rulemaking. detail the scope of the Agency’s we evaluated all known relevant Before acting on this proposal, we will authority. information and determined that an consider all comments we receive on or We are issuing this rulemaking under unsafe condition is likely to exist or before the closing date for comments. the authority described in ‘‘Subtitle VII, develop on other helicopters of the same We will consider comments filed after Part A, Subpart III, Section 44701: type design. the comment period has closed if it is General requirements.’’ Under that possible to do so without incurring Related Service Information section, Congress charges the FAA with expense or delay. We may change this promoting safe flight of civil aircraft in Eurocopter has issued Alert Service air commerce by prescribing regulations proposal in light of the comments we Bulletin (ASB) No. AS350–52.00.34 for receive. for practices, methods, and procedures Model AS350 B, B1, B2, B3, BA, BB, D, the Administrator finds necessary for Discussion and L1 helicopters and ASB No. AS355– safety in air commerce. This regulation 52.00.26 for Model AS355 E, F, F1, F2, is within the scope of that authority The European Aviation Safety Agency N, and NP helicopters, both Revision 0 (EASA), which is the Technical Agent because it addresses an unsafe condition and both dated July 9, 2012. The ASBs that is likely to exist or develop on for the Member States of the European describe procedures to replace the nuts Union, has issued EASA AD No. 2012– products identified in this rulemaking and lock-washers on the LH and RH action. 0205, dated October 1, 2012 (AD 2012– sliding door lower ball-joint bolts with 0205), to correct an unsafe condition for different part numbered nuts and lock- Regulatory Findings Eurocopter Model AS350B, AS350BA, washers, to ‘‘double lock’’ the lower AS350BB, AS350B1, AS350B2, We determined that this proposed AD ball-joint bolts. Eurocopter designates would not have federalism implications AS350B3, AS350D, AS355E, AS355F, the maintenance procedure and design AS355F1, AS355F2, AS355N, and under Executive Order 13132. This change in its ASBs as modification proposed AD would not have a AS355NP helicopters with a sliding AL.4262. door installed, except those with substantial direct effect on the States, on modification AL.4262. EASA advises Proposed AD Requirements the relationship between the national Government and the States, or on the that during a patrol flight with the doors This proposed AD would require distribution of power and open, the right-hand (RH) sliding door removing from service each nut, P/N responsibilities among the various became detached and was lost in-flight. ASN52320BH060N, and each washer, levels of government. EASA states it was discovered that the P/N 23111AG0LE, within 165 hours nut of the ball-joint bolt was missing, time-in-service (TIS) and replacing them For the reasons discussed, I certify which allowed the ball-joint bolt to with an airworthy nut and washer. this proposed regulation: detach from the door and the door to 1. Is not a ‘‘significant regulatory ‘‘fall off’’ the aircraft. According to Differences Between This Proposed AD action’’ under Executive Order 12866; EASA, a check of the left-hand (LH) and the EASA AD 2. Is not a ‘‘significant rule’’ under the sliding door revealed that the nut of the The EASA AD requires replacing the DOT Regulatory Policies and Procedures ball-joint bolt was not tightened, and lower ball-joint nut and washer within (44 FR 11034, February 26, 1979); could be unscrewed by hand. EASA 165 flight hours or 13 calendar months, 3. Will not affect intrastate aviation in advises that the self-locking while this proposed AD would require Alaska to the extent that it justifies characteristics of the nut were lost, replacing the affected lower ball joint making a regulatory distinction; and possibly due to a defective assembly of nut and washer within 165 hours TIS. 4. Will not have a significant the ball-joint bolt by re-using a In addition, this proposed AD would economic impact, positive or negative, disposable part or improper nut not apply to the Model AS350BB as that on a substantial number of small entities

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under the criteria of the Regulatory (g) Alternative Methods of Compliance SUMMARY: We propose to adopt a new Flexibility Act. (AMOCs) airworthiness directive (AD) for We prepared an economic evaluation (1) The Manager, Safety Management Eurocopter France (Eurocopter) Model of the estimated costs to comply with Group, FAA, may approve AMOCs for this AS332C, AS332L, AS332L1, AS332L2, this proposed AD and placed it in the AD. Send your proposal to: Robert Grant, and EC225LP helicopters. This AD docket. Aviation Safety Engineer, Safety Management proposed AD would require visually Group, FAA, 2601 Meacham Blvd., Fort inspecting each jettisonable emergency List of Subjects in 14 CFR Part 39 Worth, Texas 76137; telephone 817–222– 5110; email [email protected]. exit window panel (window) for sealant, Air transportation, Aircraft, Aviation and removing any sealant that exists in safety, Incorporation by reference, (2) For operations conducted under a 14 CFR part 119 operating certificate or under the window’s extruded sections. This Safety. 14 CFR part 91, subpart K, we suggest that proposed AD is prompted by jettison The Proposed Amendment you notify your principal inspector, or tests during routine maintenance lacking a principal inspector, the manager of inspections that showed the windows Accordingly, under the authority the local flight standards district office or failed to jettison. The proposed actions delegated to me by the Administrator, certificate holding district office before are intended to prevent failure of the the FAA proposes to amend 14 CFR part operating any aircraft complying with this windows to jettison, so helicopter 39 as follows: AD through an AMOC. occupants can exit the aircraft during an PART 39—AIRWORTHINESS (h) Additional Information emergency. DIRECTIVES (1) Eurocopter Alert Service Bulletin (ASB) DATES: We must receive comments on No. AS350–52.00.34 for Model AS350B, B1, this proposed AD by August 19, 2013. ■ B2, B3, BA, BB and D and L1 helicopters and 1. The authority citation for part 39 ADDRESSES: You may send comments by ASB No. AS355–52.00.26 for Model AS355E, continues to read as follows: any of the following methods: F, F1, F2, N, and NP helicopters, both • Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 0 and both dated July 9, 2012, Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the § 39.13 [Amended] which are not incorporated by reference, contain additional information about the online instructions for sending your ■ 2. The FAA amends § 39.13 by adding subject of this AD. For service information comments electronically. the following new airworthiness identified in this AD, contact American • Fax: 202–493–2251. directive (AD): Eurocopter Corporation, 2701 N. Forum • Mail: Send comments to the U.S. Eurocopter France: Docket No. FAA–2013– Drive, Grand Prairie, TX 75052; telephone Department of Transportation, Docket 0523; Directorate Identifier 2012–SW– (972) 641–0000 or (800) 232–0323; fax (972) Operations, M–30, West Building 091–AD. 641–3775; or at http://www.eurocopter.com/ Ground Floor, Room W12–140, 1200 techpub. You may review the referenced (a) Applicability service information at the FAA, Office of the New Jersey Avenue SE., Washington, DC 20590–0001. This AD applies to Eurocopter France Regional Counsel, Southwest Region, 2601 • (Eurocopter) Model AS350B, AS350BA, Meacham Blvd., Room 663, Fort Worth, Hand Delivery: Deliver to the AS350B1, AS350B2, AS350B3, AS350C, Texas 76137. ‘‘Mail’’ address between 9 a.m. and 5 AS350D, AS350D1, AS355E, AS355F, (2) The subject of this AD is addressed in p.m., Monday through Friday, except AS355F1, AS355F2, AS355N, and AS355NP European Aviation Safety Agency (EASA) AD Federal holidays. helicopters with sliding doors installed, No. 2012–0205, dated October 1, 2012. except those with modification AL.4262, Examining the AD Docket (i) Subject certificated in any category. You may examine the AD docket on Joint Aircraft Service Component (JASC) the Internet at http:// (b) Unsafe Condition Code: 5200: Doors. This AD defines the unsafe condition as www.regulations.gov or in person at the Issued in Fort Worth, Texas, on June 13, loss of the self-locking feature of the sliding Docket Operations Office between 9 door lower ball-joint nut. This condition 2013. a.m. and 5 p.m., Monday through could result in detachment of the lower ball- Kim Smith, Friday, except Federal holidays. The AD joint bolt from the sliding door and Directorate Manager, Rotorcraft Directorate, docket contains this proposed AD, the subsequent loss of the sliding door from the Aircraft Certification Service. economic evaluation, any comments helicopter in flight. [FR Doc. 2013–14703 Filed 6–19–13; 8:45 am] received, and other information. The (c) Reserved BILLING CODE 4910–13–P street address for the Docket Operations (d) Compliance Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will You are responsible for performing each DEPARTMENT OF TRANSPORTATION action required by this AD within the be available in the AD docket shortly after receipt. specified compliance time unless it has Federal Aviation Administration already been accomplished prior to that time. For service information identified in this proposed AD, contact American (e) Required Actions 14 CFR Part 39 Eurocopter Corporation, 2701 N. Forum (1) Within 165 hours time-in-service, [Docket No. FAA–2013–0524; Directorate Drive, Grand Prairie, TX 75052; remove each nut, part number (P/N) telephone (972) 641–0000 or (800) 232– ASN52320BH060N, and each washer, P/N Identifier 2012–SW–084–AD] 23111AG0LE, from the left-hand and right- 0323; fax (972) 641–3775; or at http:// hand sliding door lower ball-joint bolts and RIN 2120–AA64 www.eurocopter.com/techpub. You may replace them with an airworthy nut and review the referenced service washer. Airworthiness Directives; Eurocopter information at the FAA, Office of the (2) Do not install a nut, P/N France Helicopters Regional Counsel, Southwest Region, ASN52320BH060N, or washer, P/N 2601 Meacham Blvd., Room 663, Fort AGENCY: Federal Aviation 23111AG0LE, on any sliding door lower ball- Worth, Texas 76137. joint bolt. Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking (f) Special Flight Permit Robert Grant, Aviation Safety Engineer, (NPRM). Special flight permits are prohibited. Safety Management Group, FAA, 2601

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Meacham Blvd., Fort Worth, Texas we evaluated all known relevant We are issuing this rulemaking under 76137; telephone 817–222–5110; email information and determined that an the authority described in ‘‘Subtitle VII, [email protected]. unsafe condition is likely to exist or Part A, Subpart III, Section 44701: SUPPLEMENTARY INFORMATION: develop on other products of the same General requirements.’’ Under that type design. section, Congress charges the FAA with Comments Invited promoting safe flight of civil aircraft in Related Service Information We invite you to participate in this air commerce by prescribing regulations rulemaking by submitting written Eurocopter issued Alert Service for practices, methods, and procedures comments, data, or views. We also Bulletin (ASB) No. AS332–56.00.04 for the Administrator finds necessary for invite comments relating to the Model AS332C, AS332C1, AS332L, safety in air commerce. This regulation economic, environmental, energy, or AS332L1, and AS332L2 helicopters and is within the scope of that authority federalism impacts that might result ASB No. EC225–56A002 for the because it addresses an unsafe condition from adopting the proposals in this EC225LP helicopter, both dated August that is likely to exist or develop on document. The most helpful comments 8, 2012. Eurocopter advises of products identified in this rulemaking reference a specific portion of the difficulties jettisoning the window action. proposal, explain the reason for any panel when performing a jettison test Regulatory Findings recommended change, and include due to sealant installed between the supporting data. To ensure the docket extrusion and the window. According to We determined that this proposed AD does not contain duplicate comments, Eurocopter, jettison tests are to be would not have federalism implications commenters should send only one copy performed every two years. The ASBs under Executive Order 13132. This of written comments, or if comments are provide instructions to inspect each proposed AD would not have a filed electronically, commenters should jettisonable window panel to determine substantial direct effect on the States, on submit only one time. whether there is sealant between the the relationship between the national We will file in the docket all extrusion and the window. Government and the States, or on the comments that we receive, as well as a distribution of power and report summarizing each substantive Proposed AD Requirements responsibilities among the various public contact with FAA personnel This proposed AD would require, levels of government. concerning this proposed rulemaking. within 110 hours time-in-service (TIS), For the reasons discussed, I certify Before acting on this proposal, we will visually inspecting each window for this proposed regulation: consider all comments we receive on or sealant between the extrusion and the 1. Is not a ‘‘significant regulatory before the closing date for comments. window. If there is sealant, the AD action’’ under Executive Order 12866; We will consider comments filed after would require removing the sealant. 2. Is not a ‘‘significant rule’’ under the the comment period has closed if it is DOT Regulatory Policies and Procedures possible to do so without incurring Differences Between This Proposed AD (44 FR 11034, February 26, 1979); expense or delay. We may change this and the EASA AD 3. Will not affect intrastate aviation in proposal in light of the comments we The EASA AD applies to Model AS Alaska to the extent that it justifies receive. 332 C1 helicopters, and this proposed making a regulatory distinction; and Discussion AD does not because that model is not 4. Will not have a significant FAA type-certificated. The EASA AD economic impact, positive or negative, The European Aviation Safety Agency requires the inspection of each window on a substantial number of small entities (EASA), which is the Technical Agent within 110 hours TIS or six months, under the criteria of the Regulatory for the Member States of the European while this proposed AD requires the Flexibility Act. Union, has issued EASA AD No. 2012– inspection within 110 hours TIS. We prepared an economic evaluation 0152, dated August 13, 2012, to correct of the estimated costs to comply with an unsafe condition for certain Costs of Compliance this proposed AD and placed it in the Eurocopter Model AS 332 C, AS 332 C1, We estimate that this proposed AD AD docket. AS 332 L, AS 332 L1, AS 332 L2 and would affect 19 helicopters of U.S. EC 225 LP helicopters. EASA reports List of Subjects in 14 CFR Part 39 Registry and that labor rates average $85 that during required maintenance Air transportation, Aircraft, Aviation checks, there have been problems a work-hour. Based on these estimates, we expect the following costs: safety, Incorporation by reference, jettisoning emergency exit windows. • Safety. According to EASA, investigations on Visually inspecting the windows for several windows showed sealant sealant would require 1 work-hour for a The Proposed Amendment between the extrusion and the window. labor cost of $85 per helicopter, and Accordingly, under the authority ‘‘This condition, if not detected and $1,615 for the U.S. fleet. delegated to me by the Administrator, • corrected, could prevent the jettisoning If needed, removing the sealant the FAA proposes to amend 14 CFR part of a window, possibly affecting the from the windows would require 2 39 as follows: evacuation of passengers in the event of work-hours for a labor cost of $170 per an emergency situation,’’ EASA states. window. PART 39—AIRWORTHINESS DIRECTIVES FAA’s Determination Authority for This Rulemaking These helicopters have been approved Title 49 of the United States Code ■ 1. The authority citation for part 39 by the aviation authority of France and specifies the FAA’s authority to issue continues to read as follows: are approved for operation in the United rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. States. Pursuant to our bilateral section 106, describes the authority of agreement with France, EASA, its the FAA Administrator. ‘‘Subtitle VII: § 39.13 [Amended] technical representative, has notified us Aviation Programs,’’ describes in more ■ 2. The FAA amends § 39.13 by adding of the unsafe condition described in its detail the scope of the Agency’s the following new airworthiness AD. We are proposing this AD because authority. directive (AD):

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Eurocopter France Helicopters: Docket No. lacking a principal inspector, the manager of ADDRESSES: You may send comments by FAA–2013–0524; Directorate Identifier the local flight standards district office or any of the following methods: 2012–SW–084–AD. certificate holding district office before • Federal eRulemaking Portal: Go to operating any aircraft complying with this http://www.regulations.gov. Follow the (a) Applicability AD through an AMOC. This AD applies to Eurocopter France instructions for submitting comments. (g) Additional Information • Fax: 202–493–2251. (Eurocopter) Model AS332C, AS332L, • AS332L1, AS332L2 and EC225LP (1) Eurocopter ASB No. AS332–56.00.04 Mail: U.S. Department of helicopters, certificated in any category, that and ASB No. EC225–56A002, both dated Transportation, Docket Operations, M– have never undergone a window-jettison test. August 8, 2012, contain additional 30, West Building Ground Floor, Room information about the subject of this AD. For W12–140, 1200 New Jersey Avenue SE., (b) Unsafe Condition service information identified in this AD, Washington, DC 20590. This AD defines the unsafe condition as contact American Eurocopter Corporation, • Hand Delivery: Deliver to the the presence of sealant on an emergency exit 2701 N. Forum Drive, Grand Prairie, TX ‘‘Mail’’ address between 9 a.m. and 5 window panel. This condition could result in 75052; telephone (972) 641–0000 or (800) p.m., Monday through Friday, except the window failing to jettison, preventing the 232–0323; fax (972) 641–3775; or at http:// Federal holidays. helicopter occupants from exiting the aircraft www.eurocopter.com/techpub. You may during an emergency. review the referenced service information at Examining the AD Docket (c) Comments Due Date the FAA, Office of the Regional Counsel, You may examine the AD docket on Southwest Region, 2601 Meacham Blvd., the Internet at http:// We must receive comments by August 19, Room 663, Fort Worth, Texas 76137. 2013. (2) The subject of this AD is addressed in www.regulations.gov or in person at the Docket Operations Office between 9 (d) Compliance European Aviation Safety Agency AD No. 2012–0152, dated August 13, 2012. a.m. and 5 p.m., Monday through You are responsible for performing each Friday, except Federal holidays. The AD action required by this AD within the (h) Subject docket contains this proposed AD, the specified compliance time unless Joint Aircraft Service Component (JASC) economic evaluation, any comments accomplished previously. Code: 5220, Emergency Exits. received, and other information. The (e) Required Actions Issued in Fort Worth, Texas, on June 13, street address for the Docket Operations Within 110 hours time-in-service (TIS), 2013. Office (telephone 800–647–5527) is in visually inspect each jettisonable emergency Kim Smith, the ADDRESSES section. Comments will exit window panel (window) by doing the Directorate Manager, Rotorcraft Directorate, be available in the AD docket shortly following: Aircraft Certification Service. after receipt. (1) Lift the extrusion slightly using a flat [FR Doc. 2013–14701 Filed 6–19–13; 8:45 am] For service information identified in tool that does not cause scoring. BILLING CODE 4910–13–P this proposed AD, contact Bell (2) Inspect for sealant on the inside and Helicopter Textron, Inc., P.O. Box 482, outside of the window between the window Fort Worth, Texas 76101, telephone and the extrusion and between the extrusion and the structure. DEPARTMENT OF TRANSPORTATION (817) 280–3391, fax (817) 280–6466. You may review the referenced service Note 1 to paragraph (e)(1)(2): The presence of a sealant bead on the extrusion parting Federal Aviation Administration information at the FAA, Office of the lines, on the window pull-out seal parting Regional Counsel, Southwest Region, lines, and on the pull-out straps is expected, 14 CFR Part 39 2601 Meacham Blvd., Room 663, Fort as shown in Figure 1 of Eurocopter Alert Worth, Texas 76137. Service Bulletin No. AS332–56.00.04 or ASB [Docket No. FAA–2013–0526; Directorate FOR FURTHER INFORMATION CONTACT: Eric No. EC225–56A002, both dated August 8, Identifier 2008–SW–14–AD] Haight, Aviation Safety Engineer, FAA, 2012 (ASB), as appropriate for your model Rotorcraft Directorate, Regulations and RIN 2120–AA64 helicopter. Policy Group, Fort Worth, Texas 76137, (3) If there is no sealant as shown in Photo Airworthiness Directives; Bell telephone (817) 222–5110, email: 1 of Figure 2 of the ASB, no further action [email protected]. is required. Helicopter Textron Canada (Bell) Model (4) If there is sealant between the structure Helicopters SUPPLEMENTARY INFORMATION: and the profile as shown in Photo 2 of Figure Comments Invited 2 of the ASB or if you cannot determine AGENCY: Federal Aviation whether there is sealant, remove the Administration (FAA), DOT. We invite you to participate in this extrusion. ACTION: Notice of proposed rulemaking rulemaking by submitting written (5) Remove all sealant from the extrusion, (NPRM). comments, data, or views. We also the window, and the structure. invite comments relating to the (6) If there is any crazing, cracking or other SUMMARY: We propose to adopt a new economic, environmental, energy, or damage on the extrusion, replace with an airworthiness directive (AD) for Bell airworthy extrusion. federalism impacts that might result Model 206L–4 and 407 helicopters. This from adopting the proposals in this (f) Alternative Methods of Compliance proposed AD would require replacing or document. The most helpful comments (AMOCs) reworking certain aft bearing caps. This reference a specific portion of the (1) The Manager, Safety Management proposed AD is prompted by the proposal, explain the reason for any Group, FAA, may approve AMOCs for this manufacture of certain freewheel aft recommended change, and include AD. Send your proposal to: Robert Grant, bearing caps without a lubrication supporting data. To ensure the docket Aviation Safety Engineer, Safety Management channel to allow oil flow into the aft does not contain duplicate comments, Group, FAA, 2601 Meacham Blvd., Fort bearing support assembly. The proposed Worth, Texas 76137; telephone 817–222– commenters should send only one copy actions are intended to prevent failure of written comments, or if comments are 5110; email [email protected]. of the freewheel unit and subsequent (2) For operations conducted under a 14 filed electronically, commenters should CFR part 119 operating certificate or under loss of control of the helicopter. submit only one time. 14 CFR part 91, subpart K, we suggest that DATES: We must receive comments on We will file in the docket all you notify your principal inspector, or this proposed AD by August 19, 2013. comments that we receive, as well as a

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report summarizing each substantive Proposed AD Requirements Authority for This Rulemaking public contact with FAA personnel concerning this proposed rulemaking. This proposed AD would require for Title 49 of the United States Code Before acting on this proposal, we will each affected freewheel assembly, specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, consider all comments we receive on or within 50 hours time-in-service (TIS), section 106, describes the authority of before the closing date for comments. removing and disassembling the the FAA Administrator. ‘‘Subtitle VII: We will consider comments filed after freewheel assembly, replacing the sprag, Aviation Programs,’’ describes in more the comment period has closed if it is retainer, and the aft seal and visually detail the scope of the Agency’s possible to do so without incurring inspecting the remaining freewheel part authority. expense or delay. We may change this details for a missing channel. Also, the proposal in light of the comments we proposed AD would require, if the We are issuing this rulemaking under receive. channel is missing, before further flight, the authority described in ‘‘Subtitle VII, replacing the cap assembly with an Part A, Subpart III, Section 44701: Discussion airworthy cap or reworking and General requirements.’’ Under that reidentifying the existing cap by using section, Congress charges the FAA with Transport Canada Civil Aviation a vibrating stylus to add the letter ‘‘R’’ promoting safe flight of civil aircraft in (TCAA), which is the aviation authority to the serial number of the reworked air commerce by prescribing regulations for Canada, has issued TCAA AD No. cap. Reworking or replacing the affected for practices, methods, and procedures CF–2004–17R1, dated February 11, 2005 cap assembly is terminating action for the Administrator finds necessary for (AD No. CF–2004–17R1), which the requirements of this AD. safety in air commerce. This regulation requires replacing or reworking is within the scope of that authority freewheel assemblies on the Bell Model Differences Between This Proposed AD and the TCAA AD because it addresses an unsafe condition 206L–4 and 407 helicopters. TCAA that is likely to exist or develop on advises of a manufacturing oversight This proposed AD differs from the products identified in this rulemaking where a lubrication channel was not TCAA AD as follows: action. machined into the aft bearing cap of • some freewheel units to allow oil flow We would not use a calendar time, Regulatory Findings into the aft bearing support assembly. which has already passed. • We determined that this proposed AD TCAA states that lack of lubrication may We would require all affected would not have federalism implications adversely affect the durability and helicopters to comply within 50 hours under Executive Order 13132. This potentially the function of the freewheel TIS; the TCAA AD has different proposed AD would not have a unit. compliance times as stipulated by the substantial direct effect on the States, on calculated average engine start cycle FAA’s Determination the relationship between the national count identified in the applicable ASB, Government and the States, or on the These helicopters have been approved and a 300-hour TIS terminating action distribution of power and by the aviation authority of Canada and for modifying all affected helicopters. responsibilities among the various are approved for operation in the United • We would not require referencing levels of government. States. Pursuant to our bilateral compliance with the ASBs as does the For the reasons discussed, I certify agreement with Canada, TCAA, its TCAA AD, and we would not require this proposed regulation: you to provide an affected cap for technical representative, has notified us 1. Is not a ‘‘significant regulatory rework to Bell Tennessee nor require the of the unsafe condition described in its action’’ under Executive Order 12866; AD. We are proposing this AD because original cap to be reworked by Bell 2. Is not a ‘‘significant rule’’ under the we evaluated all known relevant Tennessee. DOT Regulatory Policies and Procedures information and determined that an • We would not require any action on (44 FR 11034, February 26, 1979); unsafe condition is likely to exist or ‘‘spare’’ parts before installation on a develop on other helicopters of the same helicopter but would require before 3. Will not affect intrastate aviation in type design. installing any replacement bearing Alaska to the extent that it justifies support assembly, ensuring that the making a regulatory distinction; and Related Service Information rework has been done. 4. Will not have a significant economic impact, positive or negative, Bell has issued Alert Service Bulletin Costs of Compliance (ASB) No. 206L–04–129 for the Model on a substantial number of small entities 206L–4 and No. 407–04–66 for the We estimate that this proposed AD under the criteria of the Regulatory Model 407, both Revision A, and both would affect 212 Model 206L–4 Flexibility Act. dated December 1, 2004. The ASBs helicopters and 540 Model 407 We prepared an economic evaluation specify identifying the affected helicopters of U.S. registry; however, we of the estimated costs to comply with freewheel aft bearing caps. The ASBs estimate that only 80 helicopters are this proposed AD and placed it in the also provide separate procedures, affected. We estimate that operators may AD docket. depending on whether helicopters are incur the following costs in order to List of Subjects in 14 CFR Part 39 ‘‘not exclusively used for training’’ or comply with this AD: It would take ‘‘exclusively used for training,’’ for about 16 work hours to replace the Air transportation, Aircraft, Aviation replacing or reworking the freewheel freewheel unit for all the affected parts safety, Incorporation by reference, cap assembly and replacing the output at an average labor rate of $85 per work Safety. shaft, part number (P/N) 406–040–517– hour. Required parts would cost about The Proposed Amendment 101, and sprag and retainer, P/N 406– $21,600 per helicopter. Based on these 040–580–103. TCCA classified these figures, we estimate the total cost per Accordingly, under the authority ASBs as mandatory and issued AD No. helicopter would be $22,900 and the delegated to me by the Administrator, CF–2004–17R to ensure the continued total cost of the proposed AD on U.S. the FAA proposes to amend 14 CFR part airworthiness of these helicopters. operators would be $1,836,800. 39 as follows:

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PART 39—AIRWORTHINESS you notify your principal inspector, or • Fax: 202–493–2251. DIRECTIVES lacking a principal inspector, the manager of • Mail: Send comments to the U.S. the local flight standards district office or Department of Transportation, Docket ■ 1. The authority citation for part 39 certificate holding district office before Operations, M–30, West Building continues to read as follows: operating any aircraft complying with this Ground Floor, Room W12–140, 1200 AD through an AMOC. Authority: 49 U.S.C. 106(g), 40113, 44701. New Jersey Avenue SE., Washington, (g) Additional Information DC 20590–0001. § 39.13 [Amended] The subject of this AD is addressed in • Hand Delivery: Deliver to the ■ 2. The FAA amends § 39.13 by adding Transport Canada Civil Aviation AD No. CF– ‘‘Mail’’ address between 9 a.m. and 5 the following new airworthiness 2004–17R1, dated February 11, 2005. p.m., Monday through Friday, except directive (AD): (h) Subject Federal holidays. Bell Helicopter Textron Canada: Docket No. Joint Aircraft Service Component (JASC) Examining the AD Docket FAA–2013–0526; Directorate Identifier Code: 6300: Main Rotor Drive System. 2008–SW–14–AD. You may examine the AD docket on Issued in Fort Worth, Texas, on June 13, the Internet at http:// (a) Applicability 2013. www.regulations.gov or in person at the This AD applies to Model 206L–4 and 407 Kim Smith, Docket Operations Office between 9 helicopters, with a freewheel aft bearing cap Directorate Manager, Rotorcraft Directorate, a.m. and 5 p.m., Monday through (cap), part number (P/N) 406–040–509–101, Aircraft Certification Service. with a serial number with a prefix of ‘‘A–’’ Friday, except Federal holidays. The AD and Nos. 1833 through 1912, installed, [FR Doc. 2013–14693 Filed 6–19–13; 8:45 am] docket contains this proposed AD, the certificated in any category. BILLING CODE 4910–13–P economic evaluation, any comments received, and other information. The (b) Unsafe Condition street address for the Docket Operations This AD defines the unsafe condition as DEPARTMENT OF TRANSPORTATION Office (telephone 800–647–5527) is in certain caps being manufactured without a the ADDRESSES section. Comments will lubrication channel to allow oil flow into the Federal Aviation Administration be available in the AD docket shortly aft bearing support assembly, which could after receipt. result in failure of the freewheel unit and 14 CFR Part 39 subsequent loss of control of the helicopter. For service information identified in [Docket No. FAA–2013–0514; Directorate this proposed AD, contact Sikorsky (c) Comments Due Date Identifier 2012–SW–068–AD] Aircraft Corporation, Attn: Manager, We must receive comments by August 19, Commercial Technical Support, 2013. RIN 2120–AA64 mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) (d) Compliance Airworthiness Directives; Sikorsky 562–4409; email You are responsible for performing each Aircraft Corporation (Sikorsky) Model [email protected]; or at http:// action required by this AD within the Helicopters specified compliance time unless it has www.sikorsky.com; http:// already been accomplished prior to that time. AGENCY: Federal Aviation www.eurocopter.com/techpub. You may Administration (FAA), DOT. review the referenced service (e) Required Actions ACTION: Notice of proposed rulemaking information at the FAA, Office of the Within 50 hours time-in-service (TIS): (NPRM). Regional Counsel, Southwest Region, (1) Remove and disassemble each 2601 Meacham Blvd., Room 663, Fort freewheel assembly. SUMMARY: (2) Replace the sprag and retainer (item 7), We propose to adopt a new Worth, Texas 76137. the output shaft (item 10), and the aft seal airworthiness directive (AD) for FOR FURTHER INFORMATION CONTACT: (item 3), as depicted in Figure 2 of Bell Alert Sikorsky Model S–76A, B, and C Nicholas Faust, Aviation Safety Service Bulletin (ASB) No. 206L–04–129 for helicopters to require certain Engineer, Boston Aircraft Certification the Model 206L–4 and ASB No. 407–04–66 inspections of each spindle cuff Office, Engine & Propeller Directorate, for the Model 407, both Revision A, and both assembly or blade fold cuff assembly for 12 New England Executive Park, dated December 1, 2004. a crack. If there is a crack, this proposed Burlington, Massachusetts 01803; (3) Visually inspect the remaining AD would require replacing the cracked telephone (781) 238–7763; email freewheel part details for a missing channel. part. If there is no crack, this AD would (4) If the channel is missing, replace or [email protected]. require applying white paint to the rework the cap assembly by following the SUPPLEMENTARY INFORMATION: instructions depicted in Figure 3 of ASB inspection area to enhance the existing 206L–04–129 or ASB 407 04–66, as inspection procedure. This proposed Comments Invited applicable for your model helicopter. Using AD is prompted by the discovery of We invite you to participate in this a vibrating stylus, mark the letter ‘‘R’’ at the cracks in the spindle cuffs. The rulemaking by submitting written end of the serial number on the cap proposed actions are intended to assembly. comments, data, or views. We also prevent failure of a spindle cuff invite comments relating to the (f) Alternative Methods of Compliance assembly or blade fold cuff assembly, economic, environmental, energy, or (AMOCs) loss of a rotor blade, and subsequent federalism impacts that might result (1) The Manager, Safety Management loss of control of the helicopter. from adopting the proposals in this Group, FAA, may approve AMOCs for this DATES: We must receive comments on document. The most helpful comments AD. Send your proposal to: Eric Haight, this proposed AD by August 19, 2013. reference a specific portion of the Aviation Safety Engineer, FAA, Rotorcraft ADDRESSES: You may send comments by proposal, explain the reason for any Directorate, Regulations and Policy Group, any of the following methods: recommended change, and include Fort Worth, Texas 76137, telephone (817) • 222–5110, email: [email protected]. Federal eRulemaking Docket: Go to supporting data. To ensure the docket (2) For operations conducted under a 14 http://www.regulations.gov. Follow the does not contain duplicate comments, CFR part 119 operating certificate or under online instructions for sending your commenters should send only one copy 14 CFR part 91, subpart K, we suggest that comments electronically. of written comments, or if comments are

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filed electronically, commenters should Sikorsky for further instruction. Finally, it would take 2.5 work hours and an submit only one time. if no crack is found, the ASB specifies estimated parts cost of $54,000, for a We will file in the docket all applying white paint to a portion of the total cost of $54,212 for each helicopter. comments that we receive, as well as a spindle cuff assembly or blade fold cuff Authority for This Rulemaking report summarizing each substantive assembly lower cuff plate to enhance public contact with FAA personnel the existing inspection procedure. Title 49 of the United States Code concerning this proposed rulemaking. specifies the FAA’s authority to issue Before acting on this proposal, we will Proposed AD Requirements rules on aviation safety. Subtitle I, consider all comments we receive on or This proposed AD would require section 106, describes the authority of before the closing date for comments. within 150 hours TIS: the FAA Administrator. ‘‘Subtitle VII: We will consider comments filed after • For each spindle cuff assembly or Aviation Programs,’’ describes in more the comment period has closed if it is blade cuff assembly with 1,900 or more detail the scope of the Agency’s possible to do so without incurring hours TIS, conducting an NDI by a authority. expense or delay. We may change this qualified inspector by following We are issuing this rulemaking under proposal in light of the comments we specified portions of the ASB. the authority described in ‘‘Subtitle VII, receive. • For each spindle cuff assembly or Part A, Subpart III, Section 44701: blade cuff assembly with less than 1,900 General requirements.’’ Under that Discussion hours TIS, visually inspecting each section, Congress charges the FAA with We propose to adopt a new AD for white paint application area for a crack promoting safe flight of civil aircraft in Sikorsky Model S–76A, B, and C by using a 5x or higher power air commerce by prescribing regulations helicopters. This proposed AD would magnifying glass. for practices, methods, and procedures require, depending on the hours time- • If there is a crack, before further the Administrator finds necessary for in-service (TIS) of each part, either a flight, replacing each cracked spindle safety in air commerce. This regulation one-time nondestructive inspection cuff assembly or cracked blade fold cuff is within the scope of that authority (NDI) or a visual inspection of each assembly with an airworthy assembly. because it addresses an unsafe condition spindle cuff assembly or blade fold cuff • If there is no crack, applying white that is likely to exist or develop on assembly for a crack. If there is a crack, paint by following specified portions of products identified in this rulemaking this proposed AD would require the ASB. action. replacing the cracked part. If there is no This proposed AD also prohibits Regulatory Findings crack, this proposed AD would require installing an affected spindle cuff applying white paint to a portion of assembly or blade cuff fold assembly on We determined that this proposed AD each spindle cuff assembly or blade fold any helicopter unless it has been would not have federalism implications cuff assembly lower cuff plate to inspected in accordance with the under Executive Order 13132. This enhance the existing inspection requirements of this AD. proposed AD would not have a procedure. This proposed AD is substantial direct effect on the States, on Differences Between This Proposed AD prompted by the discovery of five the relationship between the national and the Service Information cracked spindle cuffs found during Government and the States, or on the aircraft overhaul. The proposed actions The ASB specifies contacting the distribution of power and are intended to prevent failure of a manufacturer if suspect cracks are not responsibilities among the various spindle cuff assembly or blade fold cuff confirmed in the spindle cuff assembly levels of government. For the reasons discussed, I certify assembly, loss of a rotor blade, and or blade fold cuff assembly; this proposed AD would not require this proposed regulation: subsequent loss of control of the 1. Is not a ‘‘significant regulatory helicopter. contacting the manufacturer. This proposed AD applies to spindle cuff action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the FAA’s Determination assembly, part number (P/N) 76102– DOT Regulatory Policies and Procedures We are proposing this AD because we 08001–043, which was inadvertently (44 FR 11034, February 26, 1979); evaluated all known relevant omitted in the ASB. The manufacturer 3. Will not affect intrastate aviation in information and determined that an has stated that they will issue an ASB Alaska to the extent that it justifies unsafe condition exists and is likely to in the future that will also apply to this making a regulatory distinction; and exist or develop on other helicopters of spindle cuff assembly. The ASB applies 4. Will not have a significant these same type designs. to spare parts; this proposed AD does economic impact, positive or negative, Related Service Information not. on a substantial number of small entities under the criteria of the Regulatory Sikorsky issued S–76 Alert Service Costs of Compliance Flexibility Act. Bulletin ASB 76–65–67A, Revision A, We estimate that this proposed AD We prepared an economic evaluation dated July 18, 2012 (ASB), which would affect 181 helicopters of U.S. of the estimated costs to comply with specifies performing an NDI of the Registry. this proposed AD and placed it in the upper and lower cuff plate on each We estimate that operators may incur AD docket. spindle cuff assembly or blade fold cuff the following costs in order to comply assembly for a crack, either by eddy with this AD, based on an average labor List of Subjects in 14 CFR Part 39 current, fluorescent penetrant, or cost of $85 per work hour: It would take Air transportation, Aircraft, Aviation ultrasonic inspection. If a crack 2.5 work hours to do an NDI and 2 work safety, Incorporation by reference, indication is detected and not verified, hours to apply the white paint. It would Safety. the ASB specifies performing a different cost $15 in materials for the paint for NDI to verify a crack. If there is a crack, each helicopter. Based on these The Proposed Amendment the ASB specifies removing the spindle estimates, it would cost a total of $398 Accordingly, under the authority cuff assembly or blade fold cuff per helicopter and $72,038 for the fleet. delegated to me by the Administrator, assembly from service. If a crack cannot If it is necessary to replace a spindle the FAA proposes to amend 14 CFR part be verified, the ASB specifies contacting cuff assembly or a blade cuff assembly, 39 as follows:

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PART 39—AIRWORTHINESS AMOCs for this AD. Send your proposal to: excessive vibrations at certain engine DIRECTIVES Nicholas Faust, Aviation Safety Engineer, speeds during steady-state operations. Engine & Propeller Directorate, 12 New The proposed actions are intended to ■ 1. The authority citation for part 39 England Executive Park, Burlington, alert pilots to avoid certain engine continues to read as follows: Massachusetts 01803; telephone (781) 238– 7763; email [email protected]. speeds during steady-state operations, Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For operations conducted under a 14 prevent failure of the third stage engine CFR part 119 operating certificate or under turbine, engine power loss, and § 39.13 [Amended] 14 CFR part 91, subpart K, we suggest that subsequent loss of control of the ■ 2. The FAA amends § 39.13 by adding you notify your principal inspector, or helicopter. the following new airworthiness lacking a principal inspector, the manager of directive (AD): the local flight standards district office or DATES: We must receive comments on certificate holding district office before this proposed AD by August 19, 2013. Sikorsky Aircraft Corporation: Docket No. operating any aircraft complying with this ADDRESSES: You may send comments by FAA–2013–0514; Directorate Identifier AD through an AMOC. 2012–SW–068–AD. any of the following methods: (g) Additional Information • (a) Applicability Federal eRulemaking Docket: Go to For service information identified in this http://www.regulations.gov. Follow the This AD applies to Model S–76A, S–76B, AD, contact Sikorsky Aircraft Corporation, and S–76C helicopters with a serial number online instructions for sending your Attn: Manager, Commercial Technical up to and including 760822 and with a comments electronically. Support, mailstop s581a, 6900 Main Street, spindle cuff assembly, part number (P/N) • Fax: 202–493–2251. Stratford, CT 06614; telephone (800) 562– 76102–08001–043, –045 or –046, or a blade • 4409; email [email protected]; or at Mail: Send comments to the U.S. fold cuff assembly, P/N 76150–09601–041, http://www.sikorsky.com. You may review Department of Transportation, Docket installed, certificated in any category. the referenced service information at the Operations, M–30, West Building (b) Unsafe Condition FAA, Office of the Regional Counsel, Ground Floor, Room W12–140, 1200 This AD defines the unsafe condition as a Southwest Region, 2601 Meacham Blvd., New Jersey Avenue SE., Washington, crack in a spindle cuff assembly or blade fold Room 663, Fort Worth, Texas 76137. DC 20590–0001. cuff assembly. This condition could result in (h) Subject • Hand Delivery: Deliver to the failure of a spindle cuff assembly or blade Joint Aircraft Service Component (JASC) ‘‘Mail’’ address between 9 a.m. and 5 fold cuff assembly, loss of a rotor blade, and p.m., Monday through Friday, except subsequent loss of control of the helicopter. Code: 6220 Main Rotor Head. Federal holidays. Issued in Fort Worth, Texas, on June 12, (c) Compliance 2013. Examining the AD Docket You are responsible for performing each Kim Smith, action required by this AD within the You may examine the AD docket on specified compliance time unless it has Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. the Internet at http:// already been accomplished prior to that time. www.regulations.gov or in person at the [FR Doc. 2013–14699 Filed 6–19–13; 8:45 am] (d) Required Actions Docket Operations Office between 9 BILLING CODE 4910–13–P Within 150 hours time-in-service (TIS): a.m. and 5 p.m., Monday through (1) For each spindle cuff assembly or blade Friday, except Federal holidays. The AD cuff assembly with 1,900 or more hours TIS, DEPARTMENT OF TRANSPORTATION docket contains this proposed AD, the conduct a nondestructive (NDI) inspection by economic evaluation, any comments following the Accomplishment Instructions, Federal Aviation Administration received, and other information. The paragraph 3.B., of Sikorsky S–76 Alert street address for the Docket Operations Service Bulletin ASB 76–65–67A, Revision Office (telephone 800–647–5527) is in A, dated July 18, 2012 (ASB), except this AD 14 CFR Part 39 does not require you to contact Sikorsky the ADDRESSES section. Comments will [Docket No. FAA–2013–0518; Directorate be available in the AD docket shortly Aircraft Corporation. This inspection must be Identifier 2009–SW–021–AD] done by a level 2 or higher technician with after receipt. National Aerospace Standard 410 or RIN 2120–AA64 For service information identified in equivalent certification. this proposed AD, contact Agusta (2) For each spindle cuff assembly or blade Airworthiness Directives; Agusta Westland, Customer Support & Services, cuff assembly with less than 1,900 hours TIS, S.p.A. (Type Certificate Currently Held Via Per Tornavento 15, 21019 Somma visually inspect the area indicated in Figure by AgustaWestland S.p.A) (Agusta) Lombardo (VA) Italy, ATTN: Giovanni 4 of the ASB as ‘‘white paint application Helicopters area’’ for a crack by using a 5x or higher Cecchelli; telephone 39–0331–711133; power magnifying glass. AGENCY: Federal Aviation fax 39 0331 711180; or at http:// (3) If there is a crack, before further flight, Administration (FAA), DOT. www.agustawestland.com/technical- replace the cracked part. ACTION: Notice of proposed rulemaking bullettins. You may review the (4) If there is no crack, apply white paint (NPRM). referenced service information at the by following the Accomplishment FAA, Office of the Regional Counsel, Instructions, paragraph 3.D., of the ASB. SUMMARY: We propose to adopt a new Southwest Region, 2601 Meacham (5) Do not install an affected spindle cuff assembly or blade fold cuff assembly on any airworthiness directive (AD) for Agusta Blvd., Room 663, Fort Worth, Texas helicopter unless it has been inspected in Model A109A, A109AII, and A109C 76137. helicopters with a certain third stage accordance with paragraphs (d)(1) through FOR FURTHER INFORMATION CONTACT: turbine wheel installed. This proposed (d)(4) of this AD. Chinh Vuong, Aviation Safety Engineer, AD would require installing a placard (e) Special Flight Permit Safety Management Group, Rotorcraft on the instrument panel and revising Directorate, FAA, 2601 Meacham Blvd., Special flight permits will not be issued. the limitations section of the rotorcraft Fort Worth, Texas 76137; telephone (f) Alternative Methods of Compliance flight manual (RFM). This proposed AD (817) 222–5110; email (AMOC) is prompted by several incidents of [email protected]. (1) The Manager, Boston Aircraft third stage engine turbine wheel Certification Office, FAA, may approve failures, which were caused by SUPPLEMENTARY INFORMATION:

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Comments Invited FAA’s Determination air commerce by prescribing regulations These helicopters have been approved for practices, methods, and procedures We invite you to participate in this the Administrator finds necessary for rulemaking by submitting written by the aviation authority of Italy and are approved for operation in the United safety in air commerce. This regulation comments, data, or views. We also is within the scope of that authority invite comments relating to the States. Pursuant to our bilateral agreement with Italy, EASA, its because it addresses an unsafe condition economic, environmental, energy, or that is likely to exist or develop on federalism impacts that might result technical representative, has notified us of the unsafe condition described in its products identified in this rulemaking from adopting the proposals in this action. document. The most helpful comments AD. We are proposing this AD because reference a specific portion of the we evaluated all known relevant Regulatory Findings proposal, explain the reason for any information and determined that an unsafe condition is likely to exist or We determined that this proposed AD recommended change, and include would not have federalism implications supporting data. To ensure the docket develop on other helicopters of the same type design. under Executive Order 13132. This does not contain duplicate comments, proposed AD would not have a commenters should send only one copy Related Service Information substantial direct effect on the States, on of written comments, or if comments are Agusta has issued BT 109–129, which the relationship between the national filed electronically, commenters should contains procedures for installing a Government and the States, or on the submit only one time. placard on the instrument panel below distribution of power and We will file in the docket all or near the engine and rotor RPM power responsibilities among the various comments that we receive, as well as a turbine (N2) indicator and for inserting levels of government. report summarizing each substantive the RFM changes into the flight manual. For the reasons discussed, I certify public contact with FAA personnel this proposed regulation: concerning this proposed rulemaking. Proposed AD Requirements 1. Is not a ‘‘significant regulatory Before acting on this proposal, we will This proposed AD would require action’’ under Executive Order 12866; consider all comments we receive on or installing a placard on the instrument before the closing date for comments. panel adjacent to the engine and rotor 2. Is not a ‘‘significant rule’’ under the We will consider comments filed after RPM power turbine (N2) indicator and DOT Regulatory Policies and Procedures the comment period has closed if it is revising the Operating Limitations (44 FR 11034, February 26, 1979); possible to do so without incurring sections of the Model A109A, A109AII, 3. Will not affect intrastate aviation in expense or delay. We may change this and A109C RFMs to limit steady-state Alaska to the extent that it justifies proposal in light of the comments we operations between speeds of 95% and making a regulatory distinction; and receive. 97%. 4. Will not have a significant economic impact, positive or negative, Discussion Costs of Compliance on a substantial number of small entities We estimate that this proposed AD The European Aviation Safety Agency under the criteria of the Regulatory would affect 40 helicopters of U.S. (EASA), which is the aviation authority Flexibility Act. Registry. Based on an average labor rate for Italy, has issued EASA AD No. of $85 per hour, we estimate that We prepared an economic evaluation 2009–0037–E, dated February 19, 2009, operators may incur the following costs of the estimated costs to comply with to correct an unsafe condition for in order to comply with this AD. this proposed AD and placed it in the Agusta Model A109A, A109AII, and Amending the RFM would require about AD docket. A109C helicopters with a Rolls Royce 0.25 work-hour, for a cost per helicopter Corporation (RRC) engine Model 250– List of Subjects in 14 CFR Part 39 of about $22 and a cost to U.S. operators C20B or 250–C20R/1 having a third of $880. Installing the decal would Air transportation, Aircraft, Aviation stage turbine wheel part number (P/N) require about 0.2 work-hours, and safety, Incorporation by reference, 23065833 installed. EASA advises that required parts would cost about $5, for Safety. following several third stage turbine a cost per helicopter of $22 and a cost wheel failures, the engine type The Proposed Amendment to U.S. operators of $880. Based on certificate holder, RRC, issued these estimates, the total cost of this Accordingly, under the authority Commercial Engine Bulletin (CEB) A– proposed AD would be $44 per delegated to me by the Administrator, 1400 Revision 3, dated January 19, 2009 helicopter and $1,760 for the U.S. the FAA proposes to amend 14 CFR part (CEB A–1400), to introduce an operator fleet. 39 as follows: operational limitation on the power turbine (N2) speed range (95% to 97%) Authority for This Rulemaking PART 39—AIRWORTHINESS for more than 60 seconds in single or Title 49 of the United States Code DIRECTIVES cumulative events for engines with the specifies the FAA’s authority to issue ■ third stage turbine wheel P/N 23065833 rules on aviation safety. Subtitle I, 1. The authority citation for part 39 installed. section 106, describes the authority of continues to read as follows: The EASA AD requires amending the the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. RFMs and installing a placard as Aviation Programs,’’ describes in more described in Agusta Bollettino Tecnico detail the scope of the Agency’s § 39.13 [Amended] No. 109–129, dated February 16, 2009 authority. ■ 2. The FAA amends § 39.13 by adding (BT 109–129). The EASA AD also states We are issuing this rulemaking under the following new airworthiness to avoid steady-state operation in the the authority described in ‘‘Subtitle VII, directive (AD): 95% to 97% N2 range for more than 60 Part A, Subpart III, Section 44701: Agusta S.p.A. (Type Certificate Currently seconds, and requires the corrective General requirements.’’ Under that Held By Agustawestland S.p.A.) actions of CEB A–1400 if that limitation section, Congress charges the FAA with (Agusta): Docket No. FAA–2013–0518; is exceeded. promoting safe flight of civil aircraft in Directorate Identifier 2009–SW–021–AD.

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(a) Applicability Meacham Blvd., Room 663, Fort Worth, listed under the agency name ‘‘Bureau This AD applies to Agusta Model A109A, Texas 76137. of Indian Affairs.’’ The rule has been A109AII, and A109C helicopters with a third (2) The subject of this AD is addressed in assigned Docket ID: BIA–2013–0005. stage turbine wheel, part number 23065833, European Aviation Safety Agency AD No. —Email: [email protected]. Include 2009–0037–E, dated February 19, 2009. installed, certificated in any category. the number 1076–AF15 in the subject (b) Unsafe Condition (h) Subject line of the message. This AD defines the unsafe condition as a Joint Aircraft Service Component (JASC) —Mail: Elizabeth Appel, Office of third stage turbine vibration, which could Code: 7250: Turbine Section. Regulatory Affairs & Collaborative result in turbine failure, engine power loss, Issued in Fort Worth, Texas, on June 13, Action, U.S. Department of the and subsequent loss of control of the 2013. Interior, 1849 C Street NW., Mail Stop helicopter. Kim Smith, 4141—MIB, Washington, DC 20240. (c) Comments Due Date Directorate Manager, Rotorcraft Directorate, Include the number 1076–AF15 in the submission. We must receive comments by August 19, Aircraft Certification Service. —Hand Delivery: Elizabeth Appel, 2013. [FR Doc. 2013–14694 Filed 6–19–13; 8:45 am] Office of Regulatory Affairs & BILLING CODE 4910–13–P (d) Compliance Collaborative Action, U.S. Department You are responsible for performing each of the Interior, 1849 C Street NW., action required by this AD within the Mail Stop 4141–MIB, Washington, DC specified compliance time unless it has DEPARTMENT OF THE INTERIOR 20240. Include the number 1076– already been accomplished prior to that time. Bureau of Indian Affairs AF15 in the submission. (e) Required Actions We cannot ensure that comments Within 30 days: 25 CFR Part 151 received after the close of the comment (1) For Model A109A helicopters, revise period (see DATES) will be included in the Power Plant Limitations section, page 1– [K00103 12/13 A3A10; 134D0102DR– the docket for this rulemaking and 7, of the Model A109A Rotorcraft Flight DS5A300000–DR.5A311.IA000113; Docket ID: BIA–2013–0005] considered. Comments sent to an Manual (RFM) by inserting page 5 of Agusta address other than those listed above Bollettino Tecnico No. 109–129, dated RIN 1076–AF15 will not be included in the docket for February 16, 2009 (BT 109–129). this rulemaking. (2) For Model A109AII helicopters, revise Land Acquisitions: Appeals of Land the Power Plant Limitations section, page 1– Acquisition Decisions Dated: June 11, 2013. 6, of the Model A109A RFM by inserting Kevin K. Washburn, page 6 of BT 109–129. AGENCY: Bureau of Indian Affairs, Assistant Secretary—Indian Affairs. (3) For Model A109C helicopters, revise Interior. the Power Plant and Transmission [FR Doc. 2013–14696 Filed 6–19–13; 8:45 am] ACTION: Limitations section, page 1–8, of the Model Proposed rule; Correction. BILLING CODE 4310–6W–P A109A RFM by inserting page 7 of BT 109– SUMMARY: The Bureau of Indian Affairs 129. (4) Install a placard on the instrument (BIA) published a proposed rule in the Federal Register of May 29, 2013, ENVIRONMENTAL PROTECTION panel adjacent to the Engine and Rotor RPM AGENCY Power Turbine (N2) Indicator that states: announcing the proposed rule to revise a section of regulations governing MIN. CONT. 97% N2—MIN. TRANS. 95% N2 40 CFR Part 51 decisions by the Secretary to approve or (f) Alternative Methods of Compliance deny applications to acquire land in [EPA–HQ–OAR–2004–0489; FRL–9795–9] (AMOCs) trust under 25 CFR part 151. This (1) The Manager, Safety Management document makes corrections to the RIN 2060–AR29 Group, FAA, may approve AMOCs for this ADDRESSES section to provide the mail Revisions to the Air Emissions AD. Send your proposal to: Chinh Vuong, and hand delivery addresses. Aviation Safety Engineer, Safety Management Reporting Requirements: Revisions to Group, Rotorcraft Directorate, FAA, 2601 DATES: Comments on this rule must be Lead (Pb) Reporting Threshold and Meacham Blvd., Fort Worth, Texas 76137; received by July 29, 2013. Clarifications to Technical Reporting telephone (817) 222–5110; email FOR FURTHER INFORMATION CONTACT: Details [email protected]. Elizabeth Appel, Acting Director, Office (2) For operations conducted under a 14 of Regulatory Affairs & Collaborative AGENCY: Environmental Protection CFR part 119 operating certificate or under Action, (202) 273–4680; Agency (EPA). 14 CFR part 91, subpart K, we suggest that ACTION: Proposed rule. you notify your principal inspector, or [email protected]. lacking a principal inspector, the manager of SUPPLEMENTARY INFORMATION: SUMMARY: Today’s action proposes the local flight standards district office or changes to the existing EPA emission certificate holding district office before Need for Correction inventory reporting requirements on operating any aircraft complying with this The Mail and Hand Delivery address AD through an AMOC. state, local, and tribal agencies in the provided under the ADDRESSES section current Air Emissions Reporting (g) Additional Information did not provide the full address. In Requirements rule published on (1) For service information identified in proposed rule FR Doc. 2013–12708, December 17, 2008. The proposed this AD, contact Agusta Westland, Customer published in the issue of May 29, 2013, amendments would lower the current Support & Services, Via Per Tornavento 15, make the following correction. On page threshold for reporting Pb sources as 21019 Somma Lombardo (VA) Italy, ATTN: 32214, third column, correct the point sources; eliminate the requirement Giovanni Cecchelli; telephone 39–0331– ADDRESSES section to read as follows: 711133; fax 39 0331 711180; or at http:// for reporting emissions from wildfires ADDRESSES: You may submit comments www.agustawestland.com/technical- and prescribed fires; and replace a bullettins. You may review a copy of the by any of the following methods: requirement for reporting mobile source service information at the FAA, Office of the —Federal rulemaking portal: http:// emissions with a requirement for Regional Counsel, Southwest Region, 2601 www.regulations.gov. The rule is reporting the input parameters that can

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be used to run the EPA models that may be made available online at Planning and Standards, Air Quality generate the emissions estimates. In www.regulations.gov, including any Assessment Division, Emission addition, the proposed amendments personal information provided, unless Inventory and Analysis Group (C339– would reduce the reporting burden on the comment includes information 02), U.S. Environmental Protection state, local, and tribal agencies by claimed to be Confidential Business Agency, Research Triangle Park, NC removing the requirements to report Information (CBI) or other information 27711; telephone number: (919) 541– daily and seasonal emissions associated whose disclosure is restricted by statute. 4330; email: [email protected]. with carbon monoxide (CO), ozone (O3), Do not submit information that you and particulate matter up to 10 consider to be CBI, or otherwise SUPPLEMENTARY INFORMATION: micrometers in size (PM10) protected, through www.regulations.gov Table of Contents nonattainment areas and nitrogen or email. The www.regulations.gov Web oxides (NO ) State Implementation Plan site is an ‘‘anonymous access’’ system, I. General Information X A. Does this action apply to me? (SIP) call areas, although reporting which means the EPA will not know B. What should I consider as I prepare my requirements for those emissions would your identity or contact information comments for the EPA? remain in other regulations. Lastly, the unless you provide it in the body of C. Where can I get a copy of this proposed amendments would clarify, your comment. If you send an email document? remove, or simplify some current comment directly to the EPA without D. Will there be a public hearing? emissions reporting requirements which going through www.regulations.gov, II. Background and Purpose of This we believe are not necessary or are not your email address will be Rulemaking clearly aligned with current inventory automatically captured and included as III. Proposed Revisions to Emissions terminology and practices. part of the comment that is placed in the Reporting Requirements DATES: Comments must be received on public docket and made available on the A. Lower Point Source Threshold for Lead or before August 19, 2013. Under the Internet. If you submit an electronic Emitters B. Elimination of Reporting for Wildfires Paperwork Reduction Act, comments on comment, the EPA recommends that you include your name and other and Prescribed Fires and Clarification for the information collection request must Reporting Agricultural Fires contact information in the body of your be received by EPA and OMB on or C. Reporting Emission Model Inputs for before July 22, 2013. comment as well as with any disk or Onroad and Nonroad Sources The EPA will hold a public hearing CD–ROM you submit. If the EPA cannot D. Removal of Requirements To Report on today’s proposal only if requested by read your comment due to technical Daily and Seasonal Emissions July 1, 2013. difficulties and cannot contact you for E. Revisions To Simplify Reporting and ADDRESSES: Submit your comments, clarification, the EPA may not be able to Provide Consistency With EIS identified by Docket ID No. EPA–HQ– consider your comment. Electronic files IV. Statutory and Executive Order Reviews OAR–2004–0489, by one of the should avoid the use of special A. Executive Order 12866: Regulatory following methods: characters, any form of encryption, and Planning and Review and Executive • www.regulations.gov: Follow the be free of any defects or viruses. Order 13563: Improving Regulations and Regulatory Review online instructions for submitting Docket: All documents in the docket are listed in the www.regulations.gov B. Paperwork Reduction Act comments. C. Regulatory Flexibility Act • Email: [email protected]. index. Although listed in the index, • some information is not publicly D. Unfunded Mandates Reform Act Fax: (202) 566–9744. E. Executive Order 13132: Federalism • available, e.g., CBI or other information Mail: Air Emissions Reporting F. Executive Order 13175: Consultation Requirements Rule, Docket No. EPA– whose disclosure is restricted by statute. and Coordination With Indian Tribal HQ–OAR–2004–0489, Environmental Certain other material, such as Governments Protection Agency, Mailcode: 2822T, copyrighted material, will be publicly G. Executive Order 13045: Protection of 1200 Pennsylvania Ave. NW., available only in hard copy. Publicly Children From Environmental Health Washington, DC 20460. Please include available docket materials are available and Safety Risks two copies. either electronically in H. Executive Order 13211: Actions • Hand Delivery: Docket No. EPA– www.regulations.gov or in hard copy at Concerning Regulations That HQ–OAR–2004–0489, EPA Docket the Air Emissions Reporting Significantly Affect Energy Supply, Center, Public Reading Room, EPA Requirements Rule Docket, EPA/DC, Distribution, or Use West, Room 3334, 1301 Constitution EPA West, Room 3334, 1301 I. National Technology Transfer and Advancement Act Ave. NW., Washington, DC 20460. Such Constitution Ave. NW., Washington, DC J. Executive Order 12898: Federal Actions deliveries are only accepted during the 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., To Address Environmental Justice in Docket’s normal hours of operation, and Minority Populations and Low-Income special arrangements should be made Monday through Friday, excluding legal Populations for deliveries of boxed information. holidays. The telephone number for the Instructions: Direct your comments to Public Reading Room is (202) 566–1744, I. General Information Docket ID No. EPA–HQ–OAR–2004– and the telephone number for the Air A. Does this action apply to me? 0489. The EPA’s policy is that all Docket is (202) 566–1742. comments received will be included in FOR FURTHER INFORMATION CONTACT: Mr. Categories and entities potentially the public docket without change and Ron Ryan, Office of Air Quality regulated by this action include:

Category NAIC code a Examples of regulated entities

State/local/tribal government ...... 92411 State, territorial, and local government air quality management programs. Tribal governments are not affected, unless they have sought and obtained treatment as state status under the Tribal Authority Rule and, on that basis, are authorized to implement and enforce the Air Emissions Reporting Requirements rule. a North American Industry Classification System.

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This table is not intended to be • Identify the rulemaking by docket order to consolidate and harmonize the exhaustive, but rather provides a guide number and other identifying emissions reporting requirements of the for readers regarding entities likely to be information (subject heading, Federal NOX SIP Call (40 CFR 51.122) and the regulated by this action.1 This action Register date and page number). Consolidated Emissions Reporting Rule requires states to report their emissions • Follow directions—The agency may (40 CFR part 51, subpart A) with the to us. It is possible that some states will ask you to respond to specific questions needs of the Clean Air Interstate Rule require facilities within their or organize comments by referencing a (CAIR). These amendments are being jurisdictions to report emissions to the Code of Federal Regulations (CFR) part proposed to align the AERR with the states. To determine whether your or section number. National Ambient Air Quality Standard facility would be regulated by this • Explain why you agree or disagree, for Lead (73 FR 66964, November 12, action, you should examine the suggest alternatives, and substitute 2008) and the associated Revisions to applicability criteria in 40 CFR 51.1. If language for your requested changes. Lead Ambient Air Monitoring you have any questions regarding the • Describe any assumptions and Requirements (75 FR 81126), and applicability of this action to a provide any technical information and/ because use of the previous AERR over particular entity, consult the person or data that you used. the past few years has revealed needed • listed in the preceding FOR FURTHER If you estimate potential costs or improvements that will both reduce INFORMATION CONTACT section. burdens, explain how you arrived at burden on states and local air agencies your estimate in sufficient detail to as well as make minor technical B. What should I consider as I prepare allow for it to be reproduced. corrections that reflect what has been my comments for the EPA? • Provide specific examples to put into practice through existing 1. Expedited Review. To expedite illustrate your concerns, and suggest electronic reporting implementation. review of your comments by agency alternatives. The proposed amendments would staff, you are encouraged to send a • Explain your views as clearly as lower the current threshold for reporting separate copy of your comments, in possible, avoiding the use of profanity stationary Pb sources as point sources to addition to the copy you submit to the or personal threats. align with and support the requirements • official docket, to Mr. Ron Ryan, U.S. Make sure to submit your of the 2008 revisions to the National EPA, Office of Air Quality Planning and comments by the comment period Ambient Air Quality Standard for Lead Standards, Air Quality Assessment deadline identified. (73 FR 66964, November 12, 2008) and the associated Revisions to Lead Division, Emission Inventory and C. Where can I get a copy of this Ambient Air Monitoring Requirements Analysis Group, Mail Code C339–02, document? Research Triangle Park, NC 27711; (75 FR 81126) for source-oriented telephone: (919) 541–4330; email: In addition to being available in the monitors. [email protected]. docket, an electronic copy of this The proposed amendments would 2. Submitting CBI. Do not submit this proposed rule will also be available on also clarify, remove, or simplify some information to the EPA through http:// the Worldwide Web (WWW) through emissions reporting requirements in the www.regulations.gov or email. Clearly the Technology Transfer Network current AERR which we believe are not mark any of the information that you (TTN). Following signature, a copy of necessary or are not clearly aligned with claim to be CBI. For CBI information in this proposed rule will be posted on the current inventory terminology and a disk or CD ROM that you mail to the TTN’s policy and guidance page for practices. Most of these clarifications EPA, mark the outside of the disk or CD newly proposed or promulgated rules at are revisions to the names of the specific ROM as CBI and then identify the following address: http:// data elements reported to promote electronically within the disk or CD www.epa.gov/ttn/chief/. The TTN consistency with the element names as ROM the specific information that is provides information and technology implemented in the electronic reporting claimed as CBI. In addition to one exchange in various areas of air schema used by the Emission Inventory complete version of the comment that pollution control. If more information System (EIS). As this requirement was unclear in includes information claimed as CBI, a regarding the TTN is needed, call the the current AERR, we are proposing to copy of the comment that does not TTN HELP line at (919) 541–4814. eliminate the requirement for reporting contain the information claimed as CBI D. Will there be a public hearing? emissions from wildfires and prescribed must be submitted for inclusion in the The EPA will hold a public hearing fires, clarifying that they may be public docket. Information so marked on today’s proposal only if requested by optionally reported using only the final will not be disclosed except in July 1, 2013. The request for a public design implemented in EIS for those accordance with procedures set forth in hearing should be made in writing and two source categories. 40 CFR part 2. addressed to Mr. Ron Ryan, U.S. EPA, We are also proposing to replace a 3. Tips for Preparing Your Comments. Office of Air Quality Planning and requirement that state and local When submitting comments, remember Standards, Air Quality Assessment agencies submit mobile source to: Division, Emission Inventory and emissions with a new requirement to Analysis Group, Mail Code C339–02, report the input parameters that can be 1 As prescribed by the Tribal Authority Rule (63 FR 7253, February 12, 1998), codified at 40 CFR Research Triangle Park, NC 27711. The used to run the EPA models that part 49, subpart A, tribes may elect to seek hearing, if requested, will be held on a generate the emissions estimates. Treatment as State (TAS) status and obtain approval date and at a place published in a To reduce the reporting burden on to implement rules such as the AERR through a separate Federal Register notice. state and local agencies, we are Tribal Implementation Plan (TIP), but tribes are under no obligation to do so. However, those tribes proposing to remove the requirements to II. Background and Purpose of This submit daily and seasonal emissions that have obtained TAS status are subject to the Rulemaking AERR to the extent allowed in their TIP. values. Accordingly, to the extent a tribal government has The EPA promulgated the Air To promote consistency with applied for and received TAS status for air quality control purposes and is subject to the AERR under Emissions Reporting Requirements terminology used in the EIS and to its TIP, the use of the term state(s) in the AERR shall (AERR) in the Federal Register at 73 remove several items proposed to include that tribal government. CFR 76539, on December 17, 2008, in become optional rather than required,

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we are proposing to revise and simplify also proposing to eliminate the inputs allows the EPA to use the latest three tables to subpart A of part 51. requirement for wildfires and prescribed version of the applicable models to fires to be reported by states. The EPA generate the most accurate emission III. Proposed Revisions to Emissions already provides nationwide estimates outputs. Requiring reporting of the Reporting Requirements for wildfires and prescribed fires using model inputs also allows the EPA to A. Lower Point Source Threshold for information it has, so requiring states to generate consistent base year and future Lead Emitters also report these data is not necessary. year emission estimates that are The current AERR threshold for States are encouraged to review and necessary for performing accurate determining if a stationary source of Pb comment on the EPA’s estimates, or to benefits estimates for proposed emissions must be reported as an report their own estimates if they so regulations. choose. In addition, we propose to individual point source rather than as D. Removal of Requirements To Report clarify that reporting of these two fire part of a county-aggregate nonpoint Daily and Seasonal Emissions types can only be made via the Events source, is 5 tons per year (tpy). As with source type. Events is a new source In addition to requiring all states to the other required pollutants, that reporting format created in the EIS data report annual emissions for all source threshold determination is based on system to accommodate the day-specific types on a triennial cycle, the current potential to emit, although the emission details needed for the NEI to AERR also requires the reporting of emissions reported are the actual accurately reflect these large-scale, but daily or seasonal emissions to be emissions. In 2010, the EPA finalized short-term, emission events. We also reported for a subset of geographic the Revisions to Lead Ambient Air propose to clarify that agricultural fires areas. States subject to the NOX SIP Call Monitoring Requirements rule (75 FR continue to be required to be reported, are required by the AERR to report 5- 81126), which required monitoring but as nonpoint sources only. month O3 season and summer day NOX agencies to install and operate source- Agricultural fires cannot be reported as emissions every year, and summer day oriented ambient monitors near Pb point sources, and we are unaware of NOX and volatile organic compound sources emitting 0.50 tpy or more by any state that wishes to do so. (VOC) emissions every third year. States December 27, 2011. The EPA is with an 8-hour O3 nonattainment area proposing to lower the AERR emissions C. Reporting Emission Model Inputs for are required by the AERR to report Onroad and Nonroad Sources threshold for reporting Pb emitters to summer day NOX and VOC emissions match the 0.50 tpy threshold in the We are proposing to replace the for all counties that were covered by the revised ambient air monitoring current requirement for states to report nonattainment area modeling domain requirements. This would allow the emissions for onroad and nonroad that was used to demonstrate EPA to evaluate and provide proper sources with a requirement that they Reasonable Further Progress (RFP) every oversight of the ambient monitoring report the input parameters that can be third year. States with CO network design finalized in the revised used in the EPA models to generate the nonattainment areas and states with CO ambient air monitoring requirements. emissions values. Reporting the attainment areas subject to maintenance The EPA expects that only about 30 emissions values would become plans are required by the AERR to report additional facilities nationwide would voluntary. California and tribal agencies winter work weekday CO emissions be required to be reported as point must continue to report emissions rather every third year. The underlying needs sources due to this change, since most than model inputs because the EPA for these daily and seasonal emissions of the sources emitting Pb greater than models are not applicable to California, values are derived from requirements in 0.5 tpy are already reported as point and the county-specific inputs required the NOX SIP Call rule, the O3 NAAQS sources due to their emissions of other by EIS for these models are not Implementation rule, and the CO criteria pollutants. The current AERR applicable to tribal areas. We are also NAAQS Implementation rule, already requires all criteria pollutants proposing that in lieu of submitting any respectively. (including Pb) to be reported for a data, states may accept the EPA’s We are proposing to delete all of the facility that emits any one criteria emission estimates for mobile sources. daily and seasonal emissions reporting pollutant greater than the relevant States are encouraged to review and requirements from the AERR and to threshold. comment on the EPA’s estimates and replace those requirements with inputs. statements that the states can choose to B. Elimination of Reporting for Wildfires As the states are already required to meet the underlying periodic inventory and Prescribed Fires and Clarification use the EPA models, the inputs needed reporting requirements of those three for Reporting Agricultural Fires to run those models are already other rules by reporting via the AERR. The current AERR requires states to available for submission. We expect that The current O3 and CO NAAQS report emissions from wildfires and there will be less burden on the states Implementation rules, and the proposed agricultural fires as either point or to report the model inputs rather than changes to the NOx SIP Call, would nonpoint sources, with the point source the resultant emissions values, as the continue to require states to report the method being encouraged. The current model input files are much smaller and emissions in a format and on a schedule AERR does not explicitly mention more manageable than the output as required by those rules to ensure prescribed fires, but a review of both emission files. The current AERR allows compliance with those rules. Each of the Federal Register notices proposing and states the option to report the model three underlying rules already requires finalizing the AERR (71 FR 69 and 73 inputs in lieu of the emissions values. states to show and track consistency FR 76539, respectively) indicate that the Nineteen states submitted some model with the emissions projections intent was to require wildfires and inputs for the 2008 NEI. contained in approved SIP submissions, prescribed fires to be reported as either Requiring states to provide model and also contains requirements for point or nonpoint sources, with no inputs rather than only the resultant public review of SIP revisions. Given explicit mention of agricultural fires. In emissions values will also reduce the these specific requirements in addition to correcting this erroneous costs and improve the accuracy and individual rules, the EPA believes that switching of agricultural fires for the timeliness of the EPA’s air quality also requiring submittal of these daily intended prescribed fires, the EPA is planning efforts. Having the model and seasonal emissions values in a

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format and under a schedule prescribed determine the Type A point source emissions during landing and take-off by the existing AERR and the EIS data emissions required to be reported each cycles. The EPA does not require states system can be unfeasible in practice and year. In addition, it now includes the to report aircraft engine emissions as is likely to introduce significant thresholds used to determine the Type point sources, but, instead, produces its inaccuracies and confusion. In addition, B sources required to be reported as own set of aircraft engine estimates and the periodic emissions data and point sources every third year. These provides states the opportunity to documentation that states are required Type B point source thresholds had comment on those estimates and to to submit to their EPA Regional Offices previously been included as part of the submit their own estimates if they under the two existing NAAQS definition of the term ‘‘point source.’’ In choose. If states choose to submit their implementation rules and the proposed the revised Table 1, we have clarified own estimates, they would have to changes to the NOx SIP Call are the name of the two PM pollutants by provide the Aircraft Engine Type code sufficient to demonstrate compliance including ‘‘primary.’’ This is consistent along with the SCC in order to with those rules and, thus, make the with the existing list of required completely specify the emitting process. existing AERR requirement pollutants described in § 51.15. Unit Type is a data element added to unnecessary. Table 2a has been revised to include the EIS to more easily and explicitly only the point source facility inventory identify the type of emission unit E. Revisions To Simplify Reporting and data elements that are required to be in producing the emissions than can be Provide Consistency With EIS EIS, without regard to either the every- inferred from the SCC. The EPA The AERR was finalized on December year or triennial reporting cycles, since populated the Unit Type field in the 17, 2008, prior to the finalization of the these elements need only be reported for original version of the EIS Facility design details of the EIS data system any new point source or when any Inventory using the SCC code. It is that is used to collect and store the change occurs at an existing point expected that states will know the Unit required data. As a result, the EPA is source. The emissions data element Type for any new emission units that proposing a number of changes to requirements for point sources from they add, but they do have an option to provide consistency between the AERR Table 2a have been combined with the report an ‘‘unclassified’’ type. To reduce reporting mechanism and the EIS data emissions requirements for the other burden, we are also proposing to limit collection system and, thus, simplify three emissions source types in Table the existing requirement for reporting emissions reporting. There were a 2b. The need for Table 2c is eliminated the Unit Design Capacity for all units to number of inconsistencies between the by the proposed revisions to Table 2b. only reporting capacities for a limited AERR and the EIS data system in the We have also eliminated the separate number of key unit types. The Unit terminology used for some data columns for ‘‘Every-year reporting’’ and Type element is necessary for the EIS elements. Some compound data ‘‘Three-year reporting’’ from Tables 2a data system to be able to make the elements in the AERR were separated and 2b. Those reporting cycle distinction of when unit design capacity into more discrete and less ambiguous distinctions were only applicable to would still be required. elements in the EIS. In addition, a few Type A point sources, and with the Release Point Apportionment Percent data elements necessary for inclusion in proposed revisions, Table 1 now is a data element added to the EIS at the the EIS data system, in order to fully describes all of the necessary request of some state reporters. The describe related required data elements, distinctions. previous data system allowed a given were not explicitly listed in the AERR, emission process to exhaust to only a and some AERR data elements that were 2. Addition of New Facility Inventory single release point. However, the EIS listed as required for state reporting Elements data system allows states the option to have since been determined to be For the Facility Inventory data split the emissions from a single obtainable by the EPA by other elements listed in Table 2a, which need emission process to as many release methods. The proposed removal of to be reported only for new point points as desired by reporting the requirements to report the O3 and CO sources or when a change occurs, we are percentage going to each release point. typical day SIP emissions and the NOx proposing to add new operating statuses The vast majority of processes exhaust SIP Call seasonal emissions, via this to the AERR: Facility Site Status, 100 percent to a single release point. AERR reporting mechanism and the EIS Release Point Status, and Unit Status, The EPA populated the original version data system as described above, make it along with the year in which any of of the EIS Facility Inventory using this necessary to remove several other data these three items changes from value, which was the only possible elements from the AERR requirements, ‘‘Operating’’ to some other status. These interpretation from the previous data although they are still available in the operating statuses are used by the states system and reports. Although the EIS as optional data elements. to indicate whether emissions reports current reporting rule does not should continue to be expected for a explicitly list a data element, it was 1. Revised Formats for Appendix A facility, emissions unit, or release point, always necessary for states to indicate Tables or the reason why emissions will not be the release point that each process The EIS data system was designed reported after the year indicated. exhausted through, and the 100 percent such that data elements that had not We are also proposing to add Aircraft was assumed. This new data element is changed from one reporting period to Engine Type, Unit Type, and Release necessary to support the new option in the next need not be re-submitted. Only Point Apportionment Percent to the EIS that allows for more than one data elements that have changed need Facility Inventory data elements listed release point to be specified by the state. be reported. This streamlined reporting in Table 2a. Aircraft Engine Type is a structure, along with the terminology code that provides a further level of 3. Addition of New Emissions Elements changes, requirements deletions, and detail of the existing required element For the Emissions data elements listed other consistency revisions described Source Classification Code (SCC), which in Table 2b, we are proposing to add above, created a need for the EPA to describes the emitting processes. The five new items, four of which we believe revise Tables 1, 2a, 2b and 2c in Aircraft Engine Type code is one of the to be minor extensions or clarifications Appendix A of the AERR. Table 1 still inputs to the emissions estimation of existing requirements necessary to defines the emissions thresholds that model that is used to estimate aircraft avoid ambiguity in the EIS data system.

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The EPA believes that these new items Emission Operating Type is required where more than one control device is will not add any new information only for point source emissions. It is used. For these reasons, we propose to collection burden. The four items are: similarly necessary in order for the data eliminate the Primary Capture and Shape Identifiers, Emission Type, system to distinguish between the Control Efficiencies element, and to Reporting Period Type, and Emission minimally required emissions and the split the Total Capture and Control Operating Type. Shape Identifiers are a other optional operating types that the Efficiency into a single Percent Control more detailed method of identifying the data system can also accept. Approach Capture Efficiency along with geographic area for which emissions are The fifth new item proposed to be a Percent Control Measures Reduction being reported than the entire county for added to the Table 2b emissions Efficiency for each pollutant controlled. nonpoint sources. The EPA believes that requirements is the Emissions In addition, although the current AERR they are needed for a small number of Calculation Method. We are proposing does not explicitly require reporting of nonpoint sources, such as rail lines, this element to be required for point and the pollutants being controlled, we ports, and underway vessels, which nonpoint sources. It is a code which believe the only reasonable occur only in a small and identifiable indicates how each emissions value was interpretation of the existing portion of a full county. Although states estimated or determined (e.g., by requirement for reporting control are still required to report emissions for continuous emissions monitor or by efficiencies is for the pollutants these sources, we are also proposing to stack test or by an average emission controlled to be indicated with their add language to the AERR to allow factor). The EPA believes this item is efficiencies. We are, therefore, states to meet the requirements for needed to evaluate the adequacy of any proposing to explicitly list a new data reporting some of their nonpoint emissions value for the stated purposes element Control Pollutant. Related to sources by accepting the EPA’s of the NEI and to be able to select the these emission control elements, we estimates for the sources for which the most reliable emissions value where propose to revise the name of current EPA makes calculations. For the more than one is available to us. State AERR required elements Control Device nonpoint sources needing the more reporters should have this information Type and Rule Effectiveness to Control geographically-detailed emissions, the available to them in some form and Measure and Percent Control Approach EPA has provided tables describing the should be able to add it to their Effectiveness, respectively. geographic entities and their identifiers electronic submittals with a minimal We are also proposing similar and has also estimated emissions for amount of added burden. terminology and usage conventions for the nonpoint sources emission control each of the entities. The EPA provides 4. Clarification of Element Names and data elements. As proposed, the element states the opportunity to comment on Usage for Controls the EPA estimates and to submit their Total Capture and Control Efficiency own estimates if they choose. If states We are proposing to revise the data would be renamed to Percent Control choose to submit their own estimates, element names and clarify the usage Measures Reduction Efficiency, and they would have to provide the extra conventions for four data elements Rule Effectiveness would be renamed geographic detail described by the related to emissions control devices for Percent Control Approach Effectiveness, Shape Identifiers. the point source facility inventory consistent with the point source names. Emission Type is a code that is a items. AERR Table 2a currently The existing required element for further level of detail of the existing indicates these four elements as being nonpoint sources named Rule required element SCC, which identifies required in the triennial reporting cycle: Penetration would be renamed Percent the emitting processes. Note that we are Primary Capture and Control Control Approach Penetration. We are also proposing to revise the definition of Efficiencies; Total Capture and Control also proposing to add the elements this term in § 51.50, since the existing Efficiency; Control Device Type; and Control Measure and Control Pollutant. definition actually describes the Rule Effectiveness. However, the EIS As with point sources, we believe the Reporting Period Type and not the data system has separated the single identification of the controlled Emission Type. element of Total Capture and Control pollutants is inherent in the Reporting Period Type is a code that efficiency into its two separate requirement to report control reduction identifies whether the emissions being components, which the EIS names efficiency, which is a pollutant-specific reported are an annual total or one of Percent Control Approach Capture value. Identification of the control the seasonal or daily type emissions that Efficiency and Percent Control Measures measures for nonpoint sources is a new we are proposing to make optional, Reduction Efficiency. The EPA believes requirement that the EPA believes although they may still be required as that reporters would have to know or would not add significant burden, given part of the state’s own SIP rules. The estimate these two items separately the existing requirement to report current AERR includes reporting of this before combining them to report the control reduction efficiencies where code for point sources using the current Total Capture and Control they exist. erroneous name Emission Type in Table Efficiency element. Also, the control 2a. Although neither Emission Type nor efficiency portion of the current element 5. Revisions to Other Facility Inventory Reporting Period Type terms appear in and, therefore, the combined Total, Element Names the current Tables 2b or 2c for the would be different for each pollutant We are proposing revisions to some of nonpoint, nonroad or onroad sources, controlled. This is indicated in the the terms in point source facility we believe this information is inherent current element name Primary Capture inventory Table 2a to clarify their in the separate listing of annual, and Control Efficiencies, which refers to meaning and promote consistency with seasonal, and daily emissions in those only the control achieved by the the EIS data system names. We are tables. While we are proposing to primary, or first of potentially several proposing to revise FIPs code to State remove all except the annual emissions control devices used on an emission and County FIPs Code or Tribal Code. from the requirements, it will still be process, along with the hood capture For each of the five existing stack and necessary for data submitters to identify efficiency. The EPA does not believe exit gas data elements, we are proposing the emissions as annual, given that the that state reporters can reasonably to revise their names to add ‘‘Release data system will be able to optionally estimate the separate control reduction Point’’ in order to be consistent with EIS accept the other reporting types. efficiencies of each control device names. We are also proposing to

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explicitly add five Unit of Measure data existing Tables 2a, 2b and 2c in various regional, and national control strategies; elements, one for each of the existing combinations for the four emissions to assess and analyze trends in criteria numerical stack and exit gas data source types. For all four emission pollutant emissions; to identify elements. We believe the only source types, we are proposing to emission and control technology reasonable interpretation of the existing eliminate Inventory Start Date and End research priorities; and to assess the requirements to report these five stack Date; Contact Name and Phone Number; impact of new or modified sources parameter numerical values is to also and the four seasonal throughput within a geographic area. The emission report the units of measure used for the percents. In addition, for the point, inventory data are also used by states to numerical values. In addition, the use of nonpoint, and nonroad source types, we develop, evaluate, and revise their SIP. the term ‘‘Emission Type’’ in existing are proposing to eliminate the three The proposed amendments would Table 2a is an error; it was intended to operating schedule elements: Hours Per reduce the information collection read ‘‘Emission Operating Type,’’ but Day, Days Per Week, and Weeks Per burden for each of the 104 respondents that element is now proposed to be Year. Also for the point source type we by about 91 labor hours per year from moved to Table 2b since it describes the are proposing to eliminate the following current levels. The annual average emissions reported, not the facility. elements: Heat Content, Ash Content, reporting burden for this collection We propose to clarify that the existing Sulfur Content, Method Accuracy (averaged over the first 3 years of this requirement for Physical Address is Description Codes, and Maximum ICR) is estimated to decrease by a total implemented in the EIS data system by Generator Nameplate Capacity. The EPA of 9452 labor hours per year with a the four separate data elements of believes that the usefulness of the decrease in costs of $718,368. From the Location Address, Locality Name, State remaining data would not be perspectives of the sources reporting to Code, and Postal Code. significantly impacted by not collecting the states, the EPA does not believe that there will be any change in reporting 6. Revisions To Simplify Reporting and these data from the states. burden resulting from these Reduce Burden Note that three other data elements are proposed to be removed for all four amendments because the same universe We are proposing revisions to some emissions source types for the reasons of sources will be required to report to data elements in the point source described above in paragraph D, the states. No capital/startup costs or facility inventory Table 2a to simplify ‘‘Removal of Requirements to Report operation and maintenance costs for reporting and reduce burden where we Daily and Seasonal Emissions.’’ These monitoring equipment are attributable believe it does not impact the usefulness elements are: Summer Day Emissions, to the proposed amendments. The only of the data. We are revising the existing Ozone Season Emissions, and Winter costs associated with the proposed requirements for Exit Gas Velocity and Work Weekday emissions of CO. All of amendments are labor hours associated Exit Gas Flow Rate to indicate that one the data elements proposed to be with collection, management, and or the other of these two is required, but removed from the required reporting reporting of the data through existing not both. Because the release point stack lists may still be voluntarily reported to systems. diameter is also required, it is possible Burden means the total time, effort, or the EIS data system. for users to derive the velocity or the financial resources expended by persons flow rate from the other value, and so IV. Statutory and Executive Order to generate, maintain, retain, or disclose it is not necessary for states to report Reviews or provide information to or for a federal both, and it was not the EPA’s intent to agency. This includes the time needed A. Executive Order 12866: Regulatory require both. To reduce burden, we are to review instructions; develop, acquire, Planning and Review and Executive revising the existing rule terms X Stack install, and utilize technology and Order 13563: Improving Regulations Coordinate (longitude) and Y Stack systems for the purposes of collecting, and Regulatory Review Coordinate (latitude) by requiring these validating, and verifying information, location values only at the facility level, This action is not a ‘‘significant processing and maintaining rather than the stack level. It has been regulatory action’’ under the terms of information, and disclosing and EPA’s experience that most states do not Executive Order 12866 (58 FR 51735, providing information; adjust the have accurate location values for each October 4, 1993) and is, therefore, not existing ways to comply with any individual stack within a facility; subject to review under Executive previously applicable instructions and instead they report the same locational Orders 12866 and 13563 (76 FR 3821, requirements; train personnel to be able values for all stacks within a facility. January 21, 2011). to respond to a collection of Furthermore, the vast majority of information; search data sources; B. Paperwork Reduction Act facilities are geographically small complete and review the collection of enough that such a simplification does The information collection information; and transmit or otherwise not reduce the usefulness of the data. requirements in this proposed disclose the information. Although we are proposing to relax the amendment have been submitted for An agency may not conduct or requirement to just facility locational approval to the Office of Management sponsor, and a person is not required to data, the EIS data system does retain the and Budget (OMB) under the Paperwork respond to a collection of information ability to store individual stack Reduction Act, 44 U.S.C. 3501 et seq. unless it displays a currently valid OMB locations separately from a single The information collection request (ICR) control number. The OMB control facility center location, and we document prepared by EPA has been numbers for EPA’s regulations in 40 encourage states to optionally report assigned EPA ICR number 2170.05. CFR part 51 are listed in 40 CFR part 9. individual stack locations to add The information collection To comment on the agency’s need for accuracy beyond the single facility requirements in the proposed this information, the accuracy of the center location. The EPA may also add amendments are mandatory for all states provided burden estimates, and any such individual stack locations where and territories (excluding tribal suggested methods for minimizing the agency believes it has accurate data. governments). These requirements are respondent burden, including the use of Lastly, to reduce burden, we are authorized by CAA section 110(a). The automated collection techniques, the proposing to eliminate reporting of reported emissions data are used by the EPA has established a public docket for several data elements that appear in EPA to develop and evaluate states, the proposed rule, which includes this

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ICR, under Docket ID number OAR– D. Unfunded Mandates Reform Act G. Executive Order 13045: Protection of 2004–0489. Submit any comments Children From Environmental Health related to the ICR for these proposed This rule does not contain a federal and Safety Risks amendments to the EPA and OMB. See mandate that may result in expenditures of $100 million or more for state, local, The EPA interprets Executive Order the ADDRESSES section at the beginning 13045 (62 FR 19885, April 23, 1997) as of this notice for where to submit and tribal governments, in the aggregate, or the private sector in any 1 year. No applying only to those regulatory comments to the EPA. Send comments actions that concern health or safety significant costs are attributable to the to OMB at the Office of Information and risks, such that the analysis required proposed amendments; in fact, the Regulatory Affairs, Office of under section 5–501 of the EO has the proposed amendments are estimated to Management and Budget, 725 17th potential to influence the regulation. decrease costs associated with Street, NW., Washington, DC 20503, This action is not subject to Executive emissions inventory reporting. Thus, the Attention: Desk Office for EPA. Since Order 13045 because it does not proposed amendments are not subject to OMB is required to make a decision establish an environmental standard the requirements of sections 202 and concerning the ICR between 30 and 60 intended to mitigate health or safety 205 of the UMRA. In addition, the days after June 20, 2013, a comment to risks. OMB is best assured of having its full proposed amendments do not effect if OMB receives it by July 22, significantly or uniquely affect small H. Executive Order 13211: Actions 2013. The final amendments will governments because they contain no Concerning Regulations That respond to any OMB or public requirements that apply to such Significantly Affect Energy Supply, comments on the information collection governments or impose obligations Distribution, or Use requirements contained in this proposal. upon them. Therefore, the proposed This action is not a ‘‘significant amendments are not subject to section C. Regulatory Flexibility Act energy action’’ as defined in Executive 203 of the UMRA. Order 13211, (66 FR 28355, May 22, The Regulatory Flexibility Act (RFA) E. Executive Order 13132: Federalism 2001) because it is not likely to have a generally requires an agency to prepare significant adverse effect on the supply, a regulatory flexibility analysis of any This action does not have federalism distribution, or use of energy. Further, rule subject to notice and comment implications. It will not have substantial we have concluded that the proposed rulemaking requirements under the direct effects on the states, on the amendments are not likely to have any Administrative Procedure Act or any relationship between the national adverse energy effects since the other statute unless the agency certifies government and the states, or on the proposed amendments correct and that the rule will not have a significant distribution of power and clarify emissions reporting requirements economic impact on a substantial responsibilities among the various and provide states with additional number of small entities. Small entities levels of government, as specified in flexibility in how they collect and report include small businesses, small Executive Order 13132. The proposed their emissions data. organizations, and small governmental amendments correct and clarify jurisdictions. I. National Technology Transfer and For purposes of assessing the impacts emissions reporting requirements and Advancement Act provide states with additional flexibility of this rule on small entities, small Section 112(d) of the National entity is defined as (1) a small business in how they collect and report their emissions data. Thus, Executive Order Technology Transfer Advancement Act as defined by the Small Business of 1995 (NTTAA), Public Law 104–113; Administration’s (SBA) regulations at 13 13132 does not apply to this action. In the spirit of Executive Order 13132, and 15 U.S.C. 272 note) directs the EPA to CFR 121.201; (2) a small governmental use voluntary consensus standards in its jurisdiction that is a government of a consistent with the EPA policy to promote communications between the regulatory activities and procurement city, county, town, school district or activities unless to do so would be special district with a population of less EPA and state and local governments, the EPA specifically solicits comment inconsistent with applicable law or than 50,000; and (3) a small otherwise impractical. Voluntary organization that is any not-for-profit on this proposed rule from state and local officials. consensus standards are technical enterprise which is independently standards (e.g., materials specifications, owned and operated and is not F. Executive Order 13175: Consultation test methods, sampling procedures, and dominant in its field. and Coordination With Indian Tribal business practices) that are developed or After considering the economic Governments adopted by one or more voluntary impacts of this rule on small entities, I consensus standards bodies. The certify that this action will not have a This action does not have tribal NTTAA requires the EPA to provide significant economic impact on a implications as specified in Executive Congress, through OMB, explanations substantial number of small entities. Order 13175 (65 FR 67249, November 9, when the agency decides not to use This proposed action will not impose 2000). This proposed rule imposes no available and applicable voluntary any new requirements on small entities. requirements on tribal governments. consensus standards. This action primarily impacts state and The proposed amendments correct and The proposed rulemaking does not local agencies and does not regulate clarify emissions reporting requirements involve technical standards. Therefore, small entities. The proposed and provide states with additional the EPA is not considering the use of amendments correct and clarify flexibility in how they collect and report any voluntary consensus standards. emissions reporting requirements and their emissions data. Under the Tribal provide states with additional flexibility Authority Rule, tribes are not required J. Executive Order 12898: Federal in how they collect and report their to report their emissions to us. Thus, Actions To Address Environmental emissions data. We continue to be Executive Order 13175 does not apply Justice in Minority Populations and interested in the potential impacts of the to this action. In the spirit of Executive Low-Income Populations proposed rule on small entities and Order 13175, the EPA specifically Executive Order (EO) 12898 (59 FR welcome comments on issues related to solicits additional comment on this 7629 (Feb. 16, 1994)) establishes federal such impacts. proposed action from tribal officials. executive policy on environmental

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justice. Its main provision directs (2) A state may, at its option, choose ■ 4. Amend § 51.20 by revising federal agencies, to the greatest extent to report NOX and VOC summer day paragraphs (b) and (d) to read as practicable and permitted by law, to emissions as required under the Ozone follows: make environmental justice part of their Implementation Rule or report CO mission by identifying and addressing, winter work weekday emissions for CO § 51.20 What are the emission thresholds that separate point and nonpoint sources? as appropriate, disproportionately high nonattainment areas or CO attainment and adverse human health or areas with maintenance plans to the * * * * * environmental effects of their programs, Emission Inventory System (EIS) using (b) Sources that meet the definition of policies, and activities on minority the data elements described in this point source in this subpart must be populations and low-income subpart. reported as point sources. All pollutants specified in § 51.15(a) must be reported populations in the United States. (3) A state may, at its option, include for point sources, not just the The EPA has determined that this estimates of emissions for additional pollutant(s) that qualify the source as a proposed rule will not have pollutants (such as hazardous air point source. disproportionately high and adverse pollutants) in its emission inventory human health or environmental effects reports. * * * * * (d) All stationary source emissions on minority or low-income populations (b) * * * because it does not affect the level of that are not reported as point sources (2) Nonpoint. States may choose to protection provided to human health or must be reported as nonpoint sources. meet the requirements for some of their the environment. This action establishes Episodic wind-generated particulate nonpoint sources by accepting the information reporting procedures for matter (PM) emissions from sources that EPA’s estimates for the sources for emissions of criteria air pollutants from are not major sources may be excluded, which the EPA makes calculations. In stationary and mobile source but does for example dust lifted by high winds such instances, states are encouraged to not affect the quantities of the pollutants from natural or tilled soil. Emissions of review and update the activity values or emitted. nonpoint sources should be aggregated other calculational inputs used by the to the resolution required by the EIS as List of Subjects in 40 CFR Part 51 EPA for these sources. described in the current National Environmental Protection, (3) Onroad and Nonroad mobile. Emission Inventory (NEI) inventory year Administrative practice and procedure, Emissions for onroad and nonroad plan posted at http://www.epa.gov/ttn/ Air pollution control, Intergovernmental mobile sources must be reported as chief/eiinformation.html. In most cases, relations, Nitrogen oxides, Ozone, inputs to the latest EPA-required mobile this is county level and must be Particulate matter, Regional haze, emissions models, such as the Motor separated and identified by source Reporting and record keeping Vehicle Emissions Simulator (MOVES) classification code (SCC). Nonpoint requirements, Sulfur dioxide. for onroad sources or the National source categories or emission events Mobile Inventory Model (NMIM) for Dated: June 6, 2013. reasonably estimated by the state to nonroad sources. States may report, at represent a de minimis percentage of Bob Perciasepe, their discretion, emissions computed total county and state emissions of a Acting Administrator. from these models in addition to the given pollutant may be omitted. For the reasons stated in the model inputs. In lieu of submitting (1) The reporting of wild and preamble, title 40, chapter I, part 51 of model inputs, California must submit prescribed fires is encouraged but not the Code of Federal Regulations is resultant emission values from its EPA- required and should be done via only proposed to be amended as follows: approved models and tribes must the ‘‘Events’’ data category. submit resultant emissions values from (2) Agricultural fires (also referred to PART 51—REQUIREMENTS FOR the latest EPA-required mobile as crop residue burning) must be PREPARATION, ADOPTION, AND emissions models. In lieu of submitting reported to the nonpoint data category. SUBMITTAL OF IMPLEMENTATION any data, states may accept existing EPA ■ 5. Section 51.30 is revised to read as PLANS emission estimates. follows: (4) Emissions for wild and prescribed ■ 1. This authority citation for part 51 § 51.30 When does my State report which fires are not required to be reported by emissions data to EPA? continues to read as follows: states. If states wish to optionally report All states are required to report two Authority: 23 U.S.C. 101; 42 U.S.C. 7401– these sources, they must be reported to basic types of emission inventories to 7671q. the events data category. This data the EPA: an every-year inventory; and a category is a day-specific accounting of § 51.10 [Removed and reserved] triennial inventory. these large-scale but usually short ■ (a) Every-year inventory. See Tables 2a 2. Remove and reserve § 51.10. duration emissions. Submissions must ■ and 2b of Appendix A of this subpart for 3. Amend § 51.15 by: include both daily emissions estimates ■ a. Revising paragraphs (a)(2) and the specific data elements to report as well as daily acres burned values. In every year. (a)(3); lieu of submitting this information, ■ b. Removing paragraphs (a)(4) and (1) All states are required to report states may accept the EPA estimates or every year the annual (12-month) (a)(5); they may submit inputs to EPA’s ■ emissions of all pollutants listed in c. Revising paragraphs (b)(2), (b)(3), estimation approach. and (b)(4); § 51.15(a)(1) from Type A (large) point (c) *** You must report the data ■ d. Revising the first sentence in sources, as defined in Table of elements in Tables 2a and 2b in paragraphs (c) and (d); and Appendix A of this subpart. The first Appendix A of this subpart. * * * ■ e. Removing paragraph (e). every-year cycle inventory will be for The revisions read as follows: (d) *** We do not consider the data the 2009 inventory year and must be in Tables 2a and 2b in Appendix A of submitted to the EPA within 12 months, § 51.15 What data does my state need to this subpart confidential, but some i.e., by December 31, 2010. report to EPA? states limit release of this type of data. (2) In inventory years that fall under (a) * * * *** the triennial inventory requirements,

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the reporting required by the triennial and then report all of these data on the that are measured or calculated to inventory satisfies the every-year triennial inventory due date. represent a calendar year. reporting requirements of paragraph (a) (b) For the sources described in Control measure means a unique code of this section. paragraph (a) of this section, your state for the type of control device or (b) Triennial inventory. See Tables 2a will have data from 3 successive years operational measure (e.g., wet scrubber, and 2b to Appendix A of subpart A for at any given time, rather than from the flaring, process change, ban) used to the specific data elements that must be single year in which it is compiled. reduce emissions. reported for the triennial inventories. (c) If your state chooses the method of Emission calculation method means (1) All states are required to report for inventorying one-third of your sources the code describing how the emissions every third inventory year the annual that are not Type A point sources and for a pollutant were calculated, e.g., by (12-month) emissions of all pollutants triennial inventory nonpoint, nonroad stack test, continuous emissions listed in § 51.15(a)(1) from all point mobile, and onroad mobile sources each monitor, EPA emission factor, etc. sources and nonpoint sources, as well as year, your state must compile each year Emission factor means the ratio model inputs for onroad mobile sources of the three-year period identically. For relating emissions of a specific pollutant and nonroad mobile sources. The first example, if a process has not changed to an activity throughput level. triennial inventory will be for the 2011 for a source category or individual Emission process identifier means a inventory and must be submitted to the plant, your state must use the same unique code for the process generating EPA within 12 months, i.e., by emission factors to calculate emissions the emissions. December 31, 2012. Subsequent for each year of the three-year period. If Emission operating type means the triennial inventories (2011, 2014, etc) your state has revised emission factors operational status of an emissions unit will be due 12 months after the end of during the three years for a process that for the time period for which emissions the inventory year, i.e., by December 31 has not changed, you must compute are being reported, i.e., Routine, Startup, of the following year. previous years’ data using the revised Shutdown, or Upset. (2) Any state with an area for which factor. If your state uses models to Emission type means the type of the EPA has made an 8-hour ozone estimate emissions, you must make sure emissions produced for onroad and nonattainment designation finding that the model is the same for all 3 nonroad sources or the mode of (regardless of whether that finding has years. operation for marine vessels. reached its effective date) may choose to ■ 7. Section 51.40 is revised to read as Emissions year means the calendar report summer day emissions of VOC follows: year for which the emissions estimates and NOX from all point sources, are reported. nonpoint sources, onroad mobile § 51.40 In what form and format should my Facility site name means the name of sources, and nonroad mobile sources to state report the data to EPA? the facility. the EIS using the data elements You must report your emission Facility site identifier means the described in this subpart. inventory data to us in electronic form. unique code for a plant or facility (3) States with CO nonattainment We support specific electronic data treated as a point source, containing one areas and states with CO attainment reporting formats, and you are required or more pollutant-emitting units. The areas subject to maintenance plans may to report your data in a format EPA’s reporting format allows for state choose to report winter work weekday consistent with these. The term format submittals to use either the state’s data emissions of CO to the EIS using the encompasses the definition of one or system identifiers or the EPA’s Emission data elements described in this subpart. more specific data fields for each of the Inventory System identifiers. ■ 6. Section 51.35 is revised to read as data elements listed in Tables 2a and 2b Lead (Pb) means lead as defined in 40 follows: in Appendix A of this subpart; allowed CFR 50.12. Emissions of lead which code values for certain data fields; occur either as elemental lead or as a § 51.35 How can my state equalize the transmittal information; and data table chemical compound containing lead emission inventory effort from year to year? relational structure. Because electronic should be reported as the mass of the (a) Compiling a triennial inventory reporting technology may change, lead atoms only. means more effort every three years. As contact the EPA Emission Inventory and Mobile source means a motor vehicle, an option, your state may ease this Analysis Group (EIAG) for the latest nonroad engine or nonroad vehicle, workload spike by using the following specific formats. You can find where: approach: information on the current formats at (1) A motor vehicle is any self- (1) Each year, collect and report data the following Internet address: http:// propelled vehicle used to carry people for all Type A (large) point sources (this www.epa.gov/ttn/chief/eis/2011nei/ or property on a street or highway; is required for all Type A point sources). xml_data_eis.pdf. You may also call the (2) A nonroad engine is an internal (2) Each year, collect data for one- air emissions contact in your EPA combustion engine (including fuel third of your sources that are not Type Regional Office or our Info CHIEF help system) that is not used in a motor A point sources. Collect data for a desk at (919) 541–1000 or send email to vehicle or a vehicle used solely for different third of these sources each year [email protected]. competition, or that is not affected by so that data has been collected for all of ■ 8. Section 51.50 is revised to read as sections 111 or 202 of the CAA; and the sources that are not Type A point follows: (3) A nonroad vehicle is a vehicle that sources by the end of each three-year is run by a nonroad engine and that is cycle. You must save three years of data § 51.50 What definitions apply to this not a motor vehicle or a vehicle used and then report all emissions from the subpart? solely for competition. sources that are not Type A point Aircraft engine type means a code NAICS means North American sources on the triennial inventory due defining a unique combination of Industry Classification System code. date. aircraft and engine used as an input The NAICS codes are U.S. Department (3) Each year, collect data for one- parameter for calculating emissions of Commerce’s codes for categorizing third of the nonpoint, nonroad mobile, from aircraft. businesses by products or services and and onroad mobile sources. You must Annual emissions means actual have replaced Standard Industrial save 3 years of data for each such source emissions for a plant, point, or process Classification codes.

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Nitrogen oxides (NOX) means nitrogen control approach is operating as Release point stack height means oxides (NOX) as defined in 40 CFR 60.2 designed, including the capture and physical height of a stack above the as all oxides of nitrogen except N2O. reduction devices. This percentage surrounding terrain. Nitrogen oxides should be reported on accounts for the fact that controls Release point type code means the an equivalent molecular weight basis as typically are not 100 percent effective code for physical configuration of the nitrogen dioxide (NO2). because of equipment downtime, upsets release point. Nonpoint sources collectively and decreases in control efficiencies. Reporting period type means the code represent individual sources that have Percent control approach penetration describing the time period covered by not been inventoried as specific point or means the percentage of a nonpoint the emissions reported, i.e., Annual, 5- mobile sources. These individual source category activity that is covered month ozone season, summer day, or sources treated collectively as nonpoint by the reported control measures. winter. sources are typically too small, Percent control measures reduction efficiency means the net emission State and county FIPS code means the numerous, or difficult to inventory system of unique identifiers in the using the methods for the other classes reduction efficiency across all emissions control devices. It does not account for Federal Information Placement System of sources. (FIPS) used to identify states, counties Particulate matter (PM) is a criteria air capture device efficiencies. Physical address means the location and parishes for the entire United pollutant. For the purpose of this States, Puerto Rico, and Guam. subpart, the following definitions apply: address (street address or other physical location description), locality name, Source classification code (SCC) (1) Filterable PM2.5 or Filterable PM10: means a process-level code that Particles that are directly emitted by a state, and postal zip code of a facility. This is the physical location where the describes the equipment and/or source as a solid or liquid at stack or operation which is emitting pollutants. release conditions and captured on the emissions occur; not the corporate Throughput means a measurable filter of a stack test train. Filterable headquarters or a mailing address. factor or parameter that relates directly PM is particulate matter with an Point source means large, stationary 2.5 or indirectly to the emissions of an air aerodynamic diameter equal to or less (non mobile), identifiable sources of pollution source during the period for than 2.5 micrometers. Filterable PM is emissions that release pollutants into 10 which emissions are reported. particulate matter with an aerodynamic the atmosphere. A point source is a Depending on the type of source diameter equal to or less than 10 facility that is a major source under 40 category, activity information may refer micrometers. CFR part 70 for one or more of the to the amount of fuel combusted, raw (2) Condensable PM: Material that is pollutants for which reporting is material processed, product vapor phase at stack conditions, but required by § 51.15(a)(1). This does not manufactured, or material handled or which condenses and/or reacts upon include the emissions of hazardous air processed. It may also refer to cooling and dilution in the ambient air pollutants, which are not considered in population, employment, or number of to form solid or liquid PM immediately determining whether a source is a point units. Activity throughput is typically after discharge from the stack. Note that source under this subpart. The the value that is multiplied against an all condensable PM, if present from a minimum point source reporting emission factor to generate an emissions source, is typically in the PM size thresholds are shown in Table 1 of 2.5 estimate. fraction and, therefore, all of it is a Appendix A. Pollutant code means a unique code component of both primary PM and Type A source means large point 2.5 for each reported pollutant assigned by primary PM . sources with a potential to emit greater 10 the reporting format specified by the than or equal to any of the thresholds (3) Primary PM2.5: The sum of EPA for each inventory year. filterable PM and condensable PM. listed in Table 1 of Appendix A of this 2.5 Release point apportionment percent subpart. If a source is a Type A source (4) Primary PM10: The sum of means the average percentage(s) of an filterable PM and condensable PM. for any pollutant listed in Table 1, then 10 emissions exhaust stream directed to a the emissions for all pollutants required (5) Secondary PM: Particles that form given release point. or grow in mass through chemical by § 51.15 must be reported for that Release point exit gas flow rate means source. reactions in the ambient air well after the numeric value of the flow rate of a dilution and condensation have Unit design capacity means a measure stack gas. of the size of a point source, based on occurred. Secondary PM is usually Release point exit gas temperature the reported maximum continuous formed at some distance downwind means the numeric value of the throughput or output capacity of the from the source. Secondary PM should temperature of an exit gas stream in unit. not be reported in the emission degrees Fahrenheit. inventory and is not covered by this Release point exit gas velocity means Unit identifier means a unique code subpart. the numeric value of the velocity of an for the unit that generates emissions, Percent control approach capture exit gas stream. typically a physical piece of equipment efficiency means the percentage of an Release point identifier means a or a closely related set of equipment. exhaust gas stream actually collected for unique code for the point where VOC means volatile organic routing to a set of control devices. emissions from one or more processes compounds. The EPA’s regulatory Percent control approach release into the atmosphere. definition of VOC is in 40 CFR 51.100. effectiveness means the percentage of Release point stack diameter means ■ 9. Revise Table 1 to Appendix A of time or activity throughput that a the inner physical diameter of a stack. subpart A to read as follows:

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TABLE 1 TO APPENDIX A OF SUBPART A—EMISSION THRESHOLDS 1 BY POLLUTANT FOR TREATMENT AS POINT SOURCE UNDER 40 CFR 51.30

Every-year Triennial Pollutant (Type A sources) 2 Type B sources NAA sources 3

(1) SO2 ...... ≥2500 ...... ≥100 ...... ≥100 (2) VOC ...... ≥250 ...... ≥100 ...... O3 (moderate) ≥100 O3 (serious) ≥ 50 O3 (severe) ≥ 25 O3 (extreme) ≥10 (3) NOX ...... ≥2500 ...... ≥100 ...... ≥100 (4) CO ...... ≥2500 ...... ≥1000 ...... O3 (all areas) ≥100 CO (all areas) ≥100 (5) Lead ...... ≥0.5 ...... ≥0.5 (6) Primary PM10 ...... ≥250 ...... ≥100 ...... PM10 (moderate) ≥100 PM10 (serious) ≥70 (7) Primary PM2.5 ...... ≥250 ...... ≥100 ...... ≥100 (8) NH34 ...... ≥250 ...... ≥100 ...... ≥100 1 Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR part 70. Reported emissions should be in actual tons emitted for the required time period. 2 Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 3 NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for VOC, CO, and PM10. 4 NH3 threshold applies only in areas where ammonia emissions are a factor in determining whether a source is a major source, i.e., where ammonia is considered a significant precursor of PM2.5.

■ 10. Revise Table 2a to Appendix A of TABLE 2ATOAPPENDIX A OF SUBPART TABLE 2ATOAPPENDIX A OF SUBPART Subpart A to read as follows: A—FACILITY INVENTORY 1 DATA A—FACILITY INVENTORY 1 DATA ELEMENTS FOR REPORTING EMIS- ELEMENTS FOR REPORTING EMIS- TABLE 2ATOAPPENDIX A OF SUBPART SIONS FROM POINT SOURCES, SIONS FROM POINT SOURCES, 1 A—FACILITY INVENTORY DATA WHERE REQUIRED BY 40 CFR WHERE REQUIRED BY 40 CFR ELEMENTS FOR REPORTING EMIS- 51.30—Continued 51.30—Continued SIONS FROM POINT SOURCES, WHERE REQUIRED BY 40 CFR (11) Aircraft Engine Type (where applicable). (23) Release Point Type. 51.30 (12) Facility Site Status and Year. (24) Control Measure and Control Pollutant (13) Release Point Stack Height and Unit of (where applicable). Measure. (25) Percent Control Approach Capture Effi- Data Elements (14) Release Point Stack Diameter and Unit ciency (where applicable). of Measure. (26) Percent Control Measures Reduction Ef- (1) Emissions Year. (15) Release Point Exit Gas Temperature (2) State and County FIPS Code or Tribal ficiency (where applicable). and Unit of Measure. (27) Percent Control Approach Effectiveness Code. (16) Release Point Exit Gas Velocity or Re- (where applicable). (3) Facility Site Identifier. lease Point Exit Gas Flow Rate and Unit of (4) Unit Identifier. Measure. 1 Facility Inventory data elements need only (5) Emission Process Identifier. (17) Release Point Status and Year. be reported once to the EIS and then revised (6) Release Point Identifier. (18) NAICS at facility level. if needed. They do not need to be reported for (7) Facility Site Name. (19) Unit Design Capacity and Unit of Meas- each triennial or every-year emissions (8) Physical Address (Location Address, Lo- ure (for some unit types). inventory. cality Name, State and Postal Code). (20) Unit Type. (9) Latitude and Longitude at facility level. (21) Unit Status and Year. ■ 11. Table 2b to Appendix A of Subpart (10) Source Classification Code. (22) Release Point Apportionment Percent. A is revised to read as follows:

TABLE 2BTOAPPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT, NONPOINT, ONROAD MOBILE AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30

Data elements Point Nonpoint Onroad Nonroad

(1) Emissions Year ...... Y Y Y Y (2) FIPS code ...... Y Y Y Y (3) Shape Identifiers (where applicable) ...... Y ...... (4) Source Classification Code ...... Y Y Y (5) Emission Type (where applicable) ...... Y Y Y (8) Emission Factor ...... Y Y ...... (9) Throughput (Value, Material, Unit of Measure, and Type) ...... Y Y Y ...... (10) Pollutant Code ...... Y Y Y Y (11) Annual Emissions and Unit of Measure ...... Y Y Y Y (12) Reporting Period Type (Annual) ...... Y Y Y Y (13) Emission Operating Type (Routine) ...... Y ...... (14) Emission Calculation Method ...... Y Y ...... (15) Control Measure and Control Pollutant (where applicable) ...... Y ...... (16) Percent Control Measures Reduction Efficiency (where applicable) ...... Y ...... (17) Percent Control Approach Effectiveness (where applicable) ...... Y ......

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TABLE 2BTOAPPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT, NONPOINT, ONROAD MOBILE AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30—Continued

Data elements Point Nonpoint Onroad Nonroad

(18) Percent Control Approach Penetration (where applicable) ...... Y ......

■ 12. Amend § 51.122 by: 1. Federal eRulemaking Portal: Architectural Coatings. In the Rules and ■ a. Revising paragraph (c); www.regulations.gov. Follow the on-line Regulations section of this Federal ■ b. Removing and reserving paragraph instructions. Register, we are approving this local (d); and 2. Email: [email protected]. rule in a direct final action without ■ c. Revising paragraph (f). 3. Mail or deliver: Andrew Steckel prior proposal because we believe this The revisions read as follows: (Air-4), U.S. Environmental Protection SIP revision is not controversial. If we Agency Region IX, 75 Hawthorne Street, receive adverse comments, however, we § 51.122 Emissions reporting San Francisco, CA 94105–3901. will publish a timely withdrawal of the requirements for SIP revisions relating to Instructions: All comments will be budgets for NO emissions. direct final rule and address the X included in the public docket without comments in subsequent action based * * * * * change and may be made available on this proposed rule. Please note that (c) Each revision must provide for online at www.regulations.gov, if we receive adverse comment on an periodic reporting by the state of NOX including any personal information amendment, paragraph, or section of emissions data to demonstrate whether provided, unless the comment includes this rule and if that provision may be the state’s emissions are consistent with Confidential Business Information (CBI) severed from the remainder of the rule, the projections contained in its or other information whose disclosure is we may adopt as final those provisions approved SIP submission. The data restricted by statute. Information that of the rule that are not the subject of an availability requirements in § 51.116 you consider CBI or otherwise protected adverse comment. must be followed for all data submitted should be clearly identified as such and We do not plan to open a second to meet the requirements of paragraph should not be submitted through comment period, so anyone interested (c) of this section. www.regulations.gov or email. in commenting should do so at this * * * * * www.regulations.gov is an ‘‘anonymous time. If we do not receive adverse (f) Reporting schedules. Data access’’ system, and EPA will not know comments, no further activity is collection is to begin during the ozone your identity or contact information planned. For further information, please season 1 year prior to the state’s NOX unless you provide it in the body of see the direct final action. SIP Call compliance date. your comment. If you send email Dated: May 6, 2013. directly to EPA, your email address will [FR Doc. 2013–14628 Filed 6–19–13; 8:45 am] Jared Blumenfeld, BILLING CODE 6560–50–P be automatically captured and included as part of the public comment. If EPA Regional Administrator, Region IX. cannot read your comment due to [FR Doc. 2013–14514 Filed 6–19–13; 8:45 am] ENVIRONMENTAL PROTECTION technical difficulties and cannot contact BILLING CODE 6560–50–P AGENCY you for clarification, EPA may not be able to consider your comment. ENVIRONMENTAL PROTECTION 40 CFR Part 52 Electronic files should avoid the use of AGENCY special characters, any form of [EPA–R09–OAR–2013–0362; FRL–9815–4] encryption, and be free of any defects or 40 CFR Part 372 viruses. Revisions to the California State [EPA–HQ–TRI–2012–0110; FRL–9819–1] Implementation Plan, San Diego Air Docket: Generally, documents in the Pollution Control District docket for this action are available RIN 2025–AA34 electronically at www.regulations.gov AGENCY: Environmental Protection and in hard copy at EPA Region IX, 75 Addition of Nonylphenol Category; Agency (EPA). Hawthorne Street, San Francisco, Community Right-to-Know Toxic ACTION: Proposed rule. California 94105–3901. While all Chemical Release Reporting documents in the docket are listed at AGENCY: Environmental Protection SUMMARY: EPA is proposing to approve www.regulations.gov, some information Agency (EPA). a revision to the San Diego Air Pollution may be publicly available only at the Control District (SDAPCD) portion of hard copy location (e.g., copyrighted ACTION: Proposed rule. the California State Implementation material, large maps), and some may not SUMMARY: EPA is proposing to add a Plan (SIP). This revision concerns be publicly available in either location nonylphenol category to the list of toxic volatile organic compound (VOC) (e.g., CBI). To inspect the hard copy chemicals subject to reporting under emissions from architectural coatings. materials, please schedule an section 313 of the Emergency Planning We are proposing to approve a local rule appointment during normal business and Community Right-to-Know Act to regulate these emission sources under hours with the contact listed in the FOR (EPCRA) of 1986 and section 6607 of the the Clean Air Act (CAA or the Act). FURTHER INFORMATION CONTACT section. Pollution Prevention Act (PPA) of 1990. DATES: Any comments on this proposal FOR FURTHER INFORMATION CONTACT: EPA is proposing to add this chemical must arrive by July 22, 2013. Nicole Law, EPA Region IX, (415) 947– category to the EPCRA section 313 list ADDRESSES: Submit comments, 4126, [email protected]. pursuant to its authority to add identified by docket number EPA–R09– SUPPLEMENTARY INFORMATION: This chemicals and chemical categories OAR–2013–0362, by one of the proposal addresses the following local because EPA believes this category following methods: rule: San Diego APCD Rule 67.0 meets the EPCRA section 313(d)(2)(C)

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toxicity criterion. Based on a review of claimed to be Confidential Business either electronically in the available production and use Information (CBI) or other information www.regulations.gov or in hard copy at information, the members of the whose disclosure is restricted by statute. the OEI Docket, EPA/DC, EPA West, nonylphenol category are expected to be Do not submit information that you Room 3334, 1301 Constitution Ave. manufactured, processed, or otherwise consider to be CBI or otherwise NW., Washington, DC. This Docket used in quantities that would exceed the protected through www.regulations.gov Facility is open from 8:30 a.m. to 4:30 EPCRA section 313 reporting or email. The www.regulations.gov Web p.m., Monday through Friday, excluding thresholds. site is an ‘‘anonymous access’’ system, legal holidays. The telephone number which means EPA will not know your DATES: Comments must be received on for the Public Reading Room is (202) identity or contact information unless or before August 19, 2013. 566–1744, and the telephone number for you provide it in the body of your the OEI Docket is (202) 566–1752. ADDRESSES: Submit your comments, comment. If you send an email identified by Docket ID No. EPA–HQ– comment directly to EPA without going FOR FURTHER INFORMATION CONTACT: TRI–2012–0110, by one of the following through www.regulations.gov, your Daniel R. Bushman, Environmental methods: email address will be automatically Analysis Division, Office of Information • www.regulations.gov: Follow the captured and included as part of the Analysis and Access (2842T), on-line instructions for submitting comment that is placed in the public Environmental Protection Agency, 1200 comments. docket and made available on the Pennsylvania Ave. NW., Washington, • Email: [email protected]. Internet. If you submit an electronic DC 20460; telephone number: 202–566– • Mail: Office of Environmental comment, EPA recommends that you 0743; fax number: 202–566–0677; email: Information (OEI) Docket, include your name and other contact [email protected], for specific Environmental Protection Agency, Mail information in the body of your information on this notice. For general Code: 28221T, 1200 Pennsylvania Ave. comment and with any disk or CD–ROM information on EPCRA section 313, NW., Washington, DC 20460 you submit. If EPA cannot read your contact the Emergency Planning and • Hand Delivery: EPA Docket Center comment due to technical difficulties Community Right-to-Know Hotline, toll (EPA/DC), EPA West, Room 3334, 1301 and cannot contact you for clarification, free at (800) 424–9346 (select menu Constitution Ave. NW., Washington, DC EPA may not be able to consider your option 3) or (703) 412–9810 in Virginia 20460. Such deliveries are only comment. Electronic files should avoid and Alaska or toll free, TDD (800) 553– accepted during the Docket’s normal the use of special characters, avoid any 7672, http://www.epa.gov/superfund/ hours of operation, and special form of encryption, and be free of any contacts/infocenter/. arrangements should be made for defects or viruses. SUPPLEMENTARY INFORMATION: deliveries of boxed information. Docket: All documents in the docket Instructions: Direct your comments to are listed in the www.regulations.gov I. General Information Docket ID No. EPA–HQ–TRI–2012– index. Although listed in the index, A. Does this notice apply to me? 0110. EPA’s policy is that all comments some information is not publicly received will be included in the public available, e.g., CBI or other information You may be potentially affected by docket without change and may be whose disclosure is restricted by statute. this action if you manufacture, process, made available online at Certain other material, such as or otherwise use nonylphenol. www.regulations.gov, including any copyrighted material, will be publicly Potentially affected categories and personal information provided, unless available only in hard copy. Publicly entities may include, but are not limited the comment includes information available docket materials are available to:

Category Examples of potentially affected entities

Industry ...... Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122, 221330 (Limited to facilities that combust coal and/or oil for the pur- pose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utili- ties); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems). Federal Government ...... Federal facilities.

This table is not intended to be To determine whether your facility listed in the preceding FOR FURTHER exhaustive, but rather provides a guide would be affected by this action, you INFORMATION CONTACT section. for readers regarding entities likely to be should carefully examine the B. How should I submit CBI to the affected by this action. Some of the applicability criteria in part 372 subpart Agency? entities listed in the table have B of Title 40 of the Code of Federal exemptions and/or limitations regarding Regulations. If you have questions Do not submit CBI information to EPA coverage, and other types of entities not regarding the applicability of this action through www.regulations.gov or email. listed in the table could also be affected. to a particular entity, consult the person Clearly mark the part or all of the

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information that you claim to be CBI. (ii) serious or irreversible— on the phenol ring (primarily the ortho For CBI information in a disk or CD– (I) reproductive dysfunctions, (2) and para (4) positions). Nonylphenol ROM that you mail to EPA, mark the (II) neurological disorders, is not a single chemical structure. outside of the disk or CD–ROM as CBI (III) heritable genetic mutations, or Rather it is a complex mixture of highly and then identify electronically within (IV) other chronic health effects. branched nonylphenols, mostly mono- (C) The chemical is known to cause or the disk or CD–ROM the specific substituted in the para position (i.e., the can be reasonably anticipated to cause, information that is claimed as CBI. In 4 position), with small amounts of because of: addition to one complete version of the ortho- and di-substituted nonylphenols. comment that includes information (i) Its toxicity, (ii) its toxicity and persistence in the In addition, nonylphenol can include claimed as CBI, a copy of the comment environment, or small amounts of branched 8 carbon and that does not contain the information (iii) its toxicity and tendency to 10 carbon alkyl groups (Ref. 2). claimed as CBI must be submitted for bioaccumulate in the environment, a inclusion in the public docket. As noted in EPA’s Action Plan for significant adverse effect on the Information so marked will not be nonylphenol (Ref. 1), Chemical Abstract environment of sufficient seriousness, disclosed except in accordance with Service Registry Numbers (CASRNs) in the judgment of the Administrator, to procedures set forth in 40 CFR part 2. that are routinely used for nonylphenols warrant reporting under this section. may not accurately reflect the identity of II. Introduction EPA often refers to the section those substances. Manufacturers may Section 313 of EPCRA, 42 U.S.C. 313(d)(2)(A) criterion as the ‘‘acute incorrectly use a linear identity when 11023, requires certain facilities that human health effects criterion;’’ the actually referring to branched manufacture, process, or otherwise use section 313(d)(2)(B) criterion as the nonylphenol. CASRN 84852–15–3 listed toxic chemicals in amounts above ‘‘chronic human health effects corresponds to the most widely reporting threshold levels to report their criterion;’’ and the section 313(d)(2)(C) produced nonylphenol, branched 4- criterion as the ‘‘environmental effects environmental releases and other waste nonylphenol. Much of the literature management quantities of such criterion.’’ EPA published in the Federal refers to the linear (or normal) chemicals annually. These facilities Register of November 30, 1994 (59 FR nonylphenol (CASRN 25154–52–3) and must also report pollution prevention 61432) a statement clarifying its there are also references to a specific and recycling data for such chemicals, interpretation of the section 313(d)(2) linear para isomer 4-n-nonylphenol pursuant to section 6607 of the PPA, 42 and (d)(3) criteria for modifying the (CASRN 104–40–5), which is covered U.S.C. 13106. Congress established an section 313 list of toxic chemicals. within the broader CASRN 25154–52–3. initial list of toxic chemicals that Many, but not all, references may be comprised more than 300 chemicals and III. Background Information inaccurate about the identity of the 20 chemical categories. A. What is nonylphenol? substances listed as nonylphenol due to EPCRA section 313(d) authorizes EPA inaccurate identities in the source to add or delete chemicals from the list Nonylphenol is an organic chemical material. A supplier of nonylphenol and sets criteria for these actions. whose main use is in the manufacture may use CASRN 104–40–5, signifying EPCRA section 313(d)(2) states that EPA of nonylphenol ethoxylates, which are the linear 4-n-nonylphenol, while may add a chemical to the list if any of nonionic surfactants used in a wide actually supplying branched 4- the listing criteria in Section 313(d)(2) variety of industrial applications and nonylphenol (CASRN 84852–15–3). The are met. Therefore, to add a chemical, consumer products (Reference (Ref.) 1). name 4-nonylphenol is listed as a EPA must demonstrate that at least one Nonylphenol is persistent in the aquatic synonym under CASRN 104–40–5, criterion is met, but need not determine environment, moderately which may lead to such confusion. whether any other criterion is met. The bioaccumulative, and extremely toxic to EPCRA section 313(d)(2) criteria are: aquatic organisms (Ref. 1). Nonylphenol C. How is EPA proposing to list (A) The chemical is known to cause has also been detected in human breast nonylphenol on the TRI? or can reasonably be anticipated to milk, blood, and urine (Ref. 1). cause significant adverse acute human Because there is no one CASRN that B. What is the chemical structure and health effects at concentration levels adequately captures what is referred to identification of nonylphenol? that are reasonably likely to exist as nonylphenol and because of the beyond facility site boundaries as a The chemical structure of apparent confusion that has resulted result of continuous, or frequently nonylphenol consists of a phenol ring from the use of multiple CASRNs, EPA recurring, releases. (benzene with a hydroxyl (OH) group) is proposing to add nonylphenol as a (B) The chemical is known to cause or with a nonyl group (a nine carbon alkyl category defined by a structure. EPA is can reasonably be anticipated to cause chain) attached to the phenol ring. The proposing to define the nonylphenol in humans: nonyl group can either be a branched or category using the structure and text (i) Cancer or teratogenic effects, or linear chain located at various positions presented below.

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This category definition covers the Criteria document for nonylphenol, 5). Reported EC50 values (i.e., the chemicals that are included in CASRNs which was previously peer reviewed concentration that is effective in 84852–15–3 as well as those 4 position (Ref. 3). producing a sublethal response in 50% isomers covered by CASRN 25154–52– A. Acute Toxicity to Aquatic Animals of test organisms) for the water flea 3. Any nonylphenol that meets the (Daphnia magna) ranged from 104 to above category definition would be 1. Freshwater Species. The acute 190 mg/L in renewal and static tests reportable regardless of its assigned toxicity values of nonylphenol to respectively (Refs. 4 and 6). The overall CASRN. freshwater organisms are shown in mean acute value for Daphnia magna Table 1. Acute toxicities have been was 141 mg/L. IV. What Is EPA’s evaluation of the determined for more than 18 species environmental toxicity of nonylphenol? representing over 15 genera. Toxicity Species least sensitive to nonylphenol values ranged from 21 micrograms per were also invertebrates. An annelid Nonylphenol is toxic to aquatic liter (mg/L) for a detritivorous amphipod worm (Lumbriculus variegatus) had an organisms and has been found in (Hyalella aztecta) to 774 mg/L for an LC50 of 342 mg/L, while the acute ambient waters. Because of algal grazing snail (Physella virgata) endpoint for a dragonfly nymph nonylphenol’s toxicity, chemical (Ref. 4). No relationships were found (Ophiogomphus sp.) was an LC50 of 596 properties, and widespread use as a between nonylphenol toxicity and water mg/L (Ref. 4). The least sensitive species chemical intermediate, concerns have hardness or pH. tested was a snail (Physella virgata) with been raised over the potential risks to An amphipod (Hyalella azteca) was an LC50 of 774 mg/L. Eleven species of aquatic organisms from exposure to the most sensitive species tested with fish were tested and found to be in the nonylphenol. All of the hazard LC50 values (i.e., the concentration that mid-range of sensitivity to nonylphenol information presented here has been is lethal to 50% of test organisms) with acute values ranging from 110 to adapted from EPA’s 2005 Water Quality ranging from 21 to 150 mg/L (Refs. 4 and 360 mg/L.

TABLE 1—ACUTE TOXICITY OF NONYLPHENOL TO FRESHWATER ORGANISMS

LC50 or a Species Common name Method pH EC50 Reference (μg/L)

Hyalella azteca (juvenile, 2 mm total length) ...... Amphipod ...... F, M ...... 7.80 21 Ref. 4. Daphnia magna (< 24 hr old) ...... Water Flea ...... R, M ...... 7.87 104 Ref. 4. Etheostoma rubrum (0.062g, 20.2 mm) ...... Fountain Darter ...... S, U ...... 8.0–8.1 110 Ref. 7. Bufo boreas (0.012g, 9.6 mm) ...... Boreal Toad ...... S, U ...... 7.9–8.0 120 Ref. 7. Pimephales promelas (25–35 days old) ...... Fathead Minnow ...... F, M ...... 7.23 128 Ref. 8. Oncorhynchus mykiss (0.27 ± 0.07g) ...... Rainbow Trout ...... S, U ...... 7.9 140 Ref. 9. Oncorhynchus clarki henshawi (0.34 ± 0.08g) ...... Lahontan Cutthroat Trout .. S, U ...... 7.9 140 Ref. 9. Pimephales promelas (32 days old) ...... Fathead Minnow ...... F, M ...... 7.29 140 Refs. 10 and 11. Hyalella azteca (juvenile, 2–3mm total length) ...... Amphipod ...... F, M ...... 7.9–8.7 150 Ref. 5. Oncorhynchus clarki stomais (0.31 ± 0.17g) ...... Greenback Cutthroat Trout S, U ...... 7.5–7.6 150 Ref. 9. Chironomus tentans (2nd instar) ...... Midge ...... F, M ...... 8.0–8.4 160 Ref. 12. Oncorhynchus mykiss (0.48 ± 0.08g) ...... Rainbow Trout ...... S, U ...... 7.5–7.9 160 Ref. 9. Oncorhynchus apache (0.38 ± 0.18g) ...... Apache Trout ...... S, U ...... 7.3–7.7 160 Ref. 9. Xyrauchen texanus (0.31 ± 0.04g) ...... Razorback Sucker ...... S, U ...... 7.8–8.1 160 Ref. 9. Pimephales promelas (0.34 ± 0.24g) ...... Fathead Minnow ...... S, U ...... 7.5–7.6 170 Ref. 9. Oncorhynchus mykiss (0.50 ± 0.21g) ...... Rainbow Trout ...... S, U ...... 6.5–7.9 180 Ref. 9. Oncorhynchus apache (0.85 ± 0.49g) ...... Apache Trout ...... S, U ...... 7.8–7.9 180 Ref. 9. Daphnia magna (< 24 hr old) ...... Water Flea ...... S, M ...... 8.25 190 Ref. 6. Oncorhynchus mykiss (0.67 ± 0.35g) ...... Rainbow Trout ...... S, U ...... 7.8–7.9 190 Ref. 9. Xyrauchen texanus (0.32 ± 0.07g) ...... Razorback Sucker ...... S, U ...... 7.9–8.0 190 Ref. 9. Etheostoma lepidum (0.133g, 22.6 mm) ...... Greenthroat Darter ...... S, U ...... 8.0–8.2 190 Ref. 7. Lepomis macrochirus (juvenile) ...... Bluegill ...... F, M ...... 7.61 209 Ref. 4. Pimephales promelas (0.32 ± 0.16g) ...... Fathead Minnow ...... S, U ...... 7.7–8.1 210 Ref. 9. Oncorhynchus clarki henshawi (0.57 ± 0.23g) ...... Lahontan Cutthroat Trout .. S, U ...... 7.6–7.7 220 Ref. 9. Oncorhynchus mykiss (45 days old) ...... Rainbow Trout ...... F, M ...... 6.72 221 Ref. 4. Poeciliopsis occidentalis (0.22g, 27.2 mm) ...... Gila Topminnow ...... S, U ...... 8.0 230 Ref. 7. Ptychocheilus lucius (0.32 ± 0.05g) ...... Colorado Squawfish ...... S, U ...... 8.1–8.2 240 Ref. 9. Oncorhynchus mykiss (1.25 ± 0.57g) ...... Rainbow Trout ...... S, U ...... 7.5–7.7 260 Ref. 9.

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TABLE 1—ACUTE TOXICITY OF NONYLPHENOL TO FRESHWATER ORGANISMS—Continued

LC50 or a Species Common name Method pH EC50 Reference (μg/L)

Oncorhynchus mykiss (1.09 ± 0.38g) ...... Rainbow Trout ...... S, U ...... 7.7–7.9 270 Ref. 9. Gila elegans (0.29 ± 0.08g) ...... Bonytail Chub ...... S, U ...... 7.7–7.9 270 Ref. 9. Ptychocheilus lucius (0.34 ± 0.05g) ...... Colorado Squawfish ...... S, U ...... 7.8–8.0 270 Ref. 9. Pimephales promelas (0.39 ± 0.14g) ...... Fathead Minnow ...... S, U ...... 7.8–8.2 290 Ref. 9. Pimephales promelas (0.45 ± 0.35g) ...... Fathead Minnow ...... S, U ...... 7.6–7.8 310 Ref. 9. Gila elegans (0.52 ± 0.09g) ...... Bonytail Chub ...... S, U ...... 7.4–7.6 310 Ref. 9. Pimephales promelas (0.40 ± 0.21g) ...... Fathead Minnow ...... S, U ...... 7.5–7.9 330 Ref. 9. Lumbriculus variegatus (adult) ...... Annelid ...... F, M ...... 6.75 342 Ref. 4. Pimephales promelas (0.56 ± 0.19g) ...... Fathead Minnow ...... S, U ...... 7.8–8.1 360 Ref. 9. Ophiogomphus sp. (nymph) ...... Dragonfly ...... F, M ...... 8.06 596 Ref. 4. Physella virgata (adult) ...... Snail ...... F, M ...... 7.89 774 Ref. 4. a S = Static; R = Renewal; F = Flow-through; M = Measured; U = Unmeasured.

2. Saltwater Species. The acute 310 mg/L for the sheepshead minnow (Homarus americanus) with an LC50 of toxicity values of nonylphenol to (Cyprinodon variegatus) (Ref. 14). 71 mg/L (Ref. 13), the mud crab saltwater organisms are shown in Table A number of benthic invertebrates (Dyspanopeus sayii) with an LC50 2. Acute toxicities have been have been investigated including a greater than 195 mg/L (Ref. 13), and two determined for 11 species within 11 deposit-feeding clam (Mulinia lateralis) amphipods (Leptocheirus plumulosus) genera. Acute toxicity values ranged with an LC50 of 38 mg/L (Ref. 13), a with an LC50 of 62 mg/L (Ref. 13) and from 17 mg/L for the winter flounder copepod (Acartia tonsa) with an LC50 of (Eohaustorius estuarius) with an LC50 of (Pleuronectes americanus) (Ref. 13), to 190 mg/L (Ref. 15), the American lobster 138 mg/L (Ref. 16).

TABLE 2—ACUTE TOXICITY OF NONYLPHENOL TO SALTWATER AQUATIC ORGANISMS

LC50 or a Species Common name Method pH EC50 Reference (μg/L)

Pleuronectes americanus (48 hrs old) ...... Winter Flounder ...... S, M ...... 7.8–8.2 17 Ref. 13. Mulinia lateralis (embryo/larvae) ...... Coot Clam ...... S, U ...... 7.8–8.2 38 Ref. 13. Mysidopsis bahia b (< 24 hrs old) ...... Mysid Shrimp ...... F, M ...... 7.3–8.2 43 Ref. 17. Palaemonetes vulgaris (48 hrs old) ...... Grass shrimp ...... F, M ...... 7.8–8.2 59 Ref. 13. Americamysis bahia (< 24 hrs old) ...... Mysid Shrimp ...... F, M ...... 7.8–8.2 61 Ref. 13. Leptocheirus plumosus (adult) ...... Amphipod ...... F, M ...... 7.8–8.2 62 Ref. 13. Menidia beryllina (juvenile) ...... Inland Silversides ...... F, M ...... 7.8–8.2 70 Ref. 13. Homarus americanus (1st stage larvae) ...... American Lobster ...... R, U ...... 7.8–8.2 71 Ref. 13. Eohaustorius estuarius (adult) ...... Amphipod ...... S, U ...... missing 138 Ref. 16. Cyprinodon variegatus (juvenile) ...... Sheepshead Minnow ...... F, M ...... 7.8–8.2 142 Ref. 13. Acartia tonsa (10–12 days old) ...... Copepod ...... S, U ...... missing 190 Ref. 15. Dyspanopeus sayii (4th and 5th stage larvae) ...... Mud Crab ...... F, M ...... 7.8–8.2 > 195 Ref. 13. Cyprinodon variegatus (juvenile) ...... Sheepshead Minnow ...... F, M ...... 7.4–8.1 310 Ref. 14. a S = Static; R = Renewal; F = Flow-through; M = Measured; U = Unmeasured. b Note that there has been a taxonomic name change, Mysidopsis bahia is now Americamysis bahia, the original names from the studies are used in this document to avoid any confusion.

B. Chronic Toxicity to Aquatic Animals low as 48 mg/L. Based on this study, a 20 days of exposure. The chronic chronic Lowest-Observed-Effect- toxicity value for survival was 1. Freshwater Species. The chronic Concentration (LOEC) was calculated to calculated as 62 mg/L (Ref. 20). toxicity of nonylphenol to freshwater be 23 mg/L for effects on brood A 91-day life stage test was conducted animals has been studied in two fish production (Ref. 19). Water fleas with the embryos and fry of rainbow and three invertebrate species (Table 3). (Daphnia magna) exposed to 71 and 130 trout (Oncorhynchus mykiss) at Of the invertebrates, a number of mg/L nonylphenol for 21 days exhibited concentrations from 6 to 114 mg/L. species of the cladoceran (water fleas) declines in both growth and adult Nearly all larvae were abnormal at the genus Daphnia have been extensively survival rates (Ref. 6). In a separate 21- two highest exposure concentrations tested for chronic effects. Water flea day life cycle study of water fleas (≥ 53 mg/L) (Ref. 4). Survival was (Ceriodaphnia dubia) neonates (Daphnia magna); growth, reproduction, reduced at ≥ 23 mg/L and growth exhibited reproductive impairment and survival were all reduced at measured as both change in weight and when exposed to nonylphenol for 7 concentrations of 158 mg/L and above length was even more sensitive with days at 202 mg/L and survival was (Ref. 4). measured decreases at concentrations as impaired at concentrations of 377 mg/L Less than 24-hour-old midge low as 10 mg/L. The chronic toxicity (Ref. 18). Four to 24-hour old water fleas (Chironomus tentans) larvae exposed to effect value for growth (both weight and (Daphnia magna) showed a reduction in concentrations of nonylphenol from 12 length) was calculated as 8 mg/L (Ref. 4). the number of young per brood over 9 to 200 mg/L and showed significant Embryos and larvae of the fathead days of exposure to concentrations as declines in larval survival over the first minnow (Pimephales promelas) were

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exposed in a 33-day early-life-stage test 22). The first experiment was a 28-day growth (Ref. 23). Growth of female at nonylphenol concentrations ranging exposure measuring survival, growth, mysids (Americamysis bahia) was from 3 to 23 mg/L (Ref. 21). Hatching and reproduction. Shrimp survival was reduced at concentrations at and above was delayed at the two highest reduced by 18% on exposure to 9 mg/L. 28 mg/L. Brood production was the most concentrations (14 and 23 mg/L). Growth in length was the most sensitive sensitive endpoint in this study. The Fathead minnow survival was reduced endpoint with a 7% reduction in length average number of young per female- at concentrations of 14 mg/L and greater. for animals exposed to 7 mg/L and No- reproductive day was reduced at The survival chronic toxicity effect Observed-Effect-Concentration (NOEC) concentrations ≥ 15 mg/L. The NOECs value for fathead minnows was and LOEC for growth responses of 4 and and LOECs for reproductive responses calculated to be 14 mg/L (Ref. 21). 7 mg/L (Table 3). were 9 and 15 mg/L. 2. Saltwater Species. Two chronic The second experiment, a 28-day life- toxicity tests have been conducted with cycle test, examined the effect of mysid shrimp (Mysidopsis bahia) (Ref. nonylphenol on brood release and

TABLE 3—CHRONIC TOXICITY OF NONYLPHENOL TO AQUATIC ORGANISMS [Freshwater and Saltwater]

Chronic ab value Species Common name Method pH range Endpoint Reference (μg/L)

Mysidopsis bahia c ...... Mysid Shrimp ...... LC, SW .... 7.4–8.3 5 (NOEC x LOEC)1/2 Ref. 22. Growth. Oncorhynchus mykiss ...... Rainbow Trout ...... ESL, FW .. 6.97 8 (NOEC x LOEC)1/2 Ref. 4. Growth. Mysidopsis bahia c ...... Mysid Shrimp ...... LC, SW .... 7.4–8.3 9 Survival ...... Ref. 22. Mysidopsis bahia c ...... Mysid Shrimp ...... LC, SW .... 7.4–8.3 9 Reproduction ...... Ref. 22. Americamysis bahia ...... Mysid Shrimp ...... LC, SW .... Missing 12 (NOEC x LOEC)1/2 Total Ref. 23. Number of Young. Pimephales promelas ...... Fathead Minnow ...... ELS, FW .. 7.1–8.2 14 Delayed Hatching; Sur- Ref. 21. vival. Oncorhynchus mykiss ...... Rainbow Trout ...... ESL, FW .. 6.97 23 Survival ...... Ref. 4. Daphnia magna ...... Water Flea ...... LC, FW .... 8.04 23 (NOEC x LOEC)1/2 Total Ref. 19. Number of Young. Americamysis bahia ...... Mysid Shrimp ...... LC, SW .... Missing 28 Growth ...... Ref. 23. Daphnia magna ...... Water Flea ...... LC, FW .... 8.25 39 Number of Live Young ..... Ref. 6. Oncorhynchus mykiss ...... Rainbow Trout ...... ESL, FW .. 6.97 53 Abnormal Development ... Ref. 4. Chironomus tentans ...... Midge ...... LC, FW .... 7.73 62 (NOEC x LOEC)1/2 20 d Ref. 20. Survival. Daphnia magna ...... Water Flea ...... LC, FW .... 8.25 71 Growth ...... Ref. 6. Daphnia magna ...... Water Flea ...... LC, FW .... 8.25 130 Adult Survival ...... Ref. 6. Daphnia magna ...... Water Flea ...... LC, FW .... 8.46 158 (NOEC x LOEC)1/2 Ref. 4. Growth and Reproduc- tion; Survival. Ceriodaphnia dubia ...... Water Flea ...... LC, FW .... 8.3–8.6 202 Reproductive Impairment Ref. 18. Ceriodaphnia dubia ...... Water Flea ...... LC, FW .... 8.3–8.6 377 Survival ...... Ref. 18. a LC = life-cycle or partial life-cycle; ELS = early life-stage. b FW = Freshwater, SW = Saltwater. c Note that there has been a taxonomic name change, Mysidopsis bahia is now Americamysis bahia, the original names from the studies are used in this document to avoid any confusion.

C. Toxicity to Aquatic Plants D. Bioaccumulation (Ref. 27). Overall, lipid-normalized BCF’s for fathead minnows in 4- and 27- 1. Freshwater. Ecological toxicity data 1. Freshwater Species. Data on day tests ranged from 128 to 209 and for for freshwater plants was available only bioaccumulation of nonylphenol in bluegills from 39 to 57 (Ref. 8). A 42-day for single-celled planktonic green alga freshwater organisms was limited to two exposure experiment using fathead (Selenastrum capricornutum) (Ref. 24). species of fish, fathead minnow minnows and exposure concentrations Algae exposed to nonylphenol for 4 (Pimephales promelas) and bluegill of 0.4 to 3.4 mg/L resulted in BCFs days had an EC50 for effect on (Lepomis macrochirus). Juvenile fathead ranging from 203 to 268 (Ref. 28). population growth rate of 410 mg/L. The minnows exposed to 5 and 23 mg/L 2. Saltwater Species. Bioconcentration effect did not persist when the algae nonylphenol for 27 days showed non- factors are available for three species of were transferred to fresh, lipid-normalized bioconcentration marine animals; the blue mussel uncontaminated, growth medium. factors (BCF) of 271 and 344 (Mytilus edulis), the three-spined 2. Saltwater. Ecological toxicity data respectively (Ref. 26). Values which had stickleback fish (Gasterosteus for saltwater plants are available only been normalized to organism lipid aculeatus), and a benthic shrimp for a single species of marine planktonic content were approximately five times (Crangon crangon) (Ref. 29). Individuals algae, a diatom (Skeletonema costatum) lower. A short-term (4-day) bioassay of all three species were exposed to 14 (Ref. 25). The EC50 for nonylphenol indicated that tissue concentrations carbon-14 ( C)-labeled nonylphenol for effect on vegetative growth was 27 reached steady-state within two days in 16 days and followed over a subsequent mg/L. both the fathead minnow and bluegill elimination period of 32 days. BCFs

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ranged from a measured value in swordfish (Xiphophorous helleri). In observed at 18 mg/L with 20% of the fish benthic shrimp of 79 to an estimated contrast, additional studies did not exhibiting external male characteristics value of 2,168 for the blue mussel. show vitellogenin induction in rainbow having ovo-testis. At 51 mg/L, all fish trout exposed for 9 days at 109 mg/L exhibited external female characteristics E. Reproductive, Developmental, and (Ref. 43) or the Atlantic salmon (Salmo with 40% containing ovo-testis. Estrogenic Effects trutta) exposed for 30 days to 20 mg/L Spermatogenesis was observed in ovo- Numerous investigations have (Ref. 44). testis containing fish exposed to 18 but demonstrated the estrogenic activity of Vitellogenin messenger ribonucleic not 51 mg/L. Fecundity was not affected nonylphenol (see Refs. 30, 31, and 32 acid (mRNA) is a direct precursor to by nonylphenol exposure. GSI of female for reviews). The majority of studies protein formation and increased fish was increased by exposure to have been conducted with aquatic production in rainbow trout at concentrations greater than 8 mg/L. species and effects have been concentrations of 10 to 14 mg/L when Effects of exposure on the F1 demonstrated both in vitro and in vivo. exposed for 4 and 72 hours respectively generation were also reported with no While most of these studies have been (Ref. 3). Increased levels of plasma embryological abnormalities or hatching conducted on fish, a number of species vitellogenin and several pituitary and failures observed at any of the treatment of invertebrates have also been plasma hormone levels were observed concentrations. Growth was also not examined. in female rainbow trout exposed to 8 affected at 60 days post-hatch in the F1 1. Aquatic Invertebrates. Among and 86 mg/L nonylphenol. The route of generation. However, the sex ratio as invertebrates, estrogenic effects have exposure influenced vitellogenin determined by secondary sexual been demonstrated in a marine induction in the fathead minnow with characteristics changed in favor of amphipod (Corophium volutator) at 10 an order of magnitude greater induction females (1:2) at concentrations greater mg/L (Ref. 33) and larvae of a freshwater when exposed via water as opposed to than 18 mg/L. Induction of ovo-testis insect (Chironomus riparis) at 2,000 mg/ diet (Ref. 45). occurred at lower concentrations in the L (Ref. 34). However, no estrogenic Fish fecundity (i.e., the rate of F1 as opposed to the F0 generation (8 effects were found in a marine copepod production of young) is also affected in versus 18 mg/L). All fish in the F1 (Tisbe battagliai) at exposure various ways by nonylphenol exposure generation with ovo-testis displayed concentrations up to 55 mg/L (Ref. 35). (Ref. 28). Concentrations as low as 0.5 external male characteristics and the 2. In Vivo Responses in Fish. The to 3.4 mg/L, although not acutely toxic, degree of oocyte development was not protein vitellogenin, which is produced decreased the fecundity of fathead as complete as with the F0 18 mg/L in the liver, is a primary constituent in minnows at various times over the treatment. The overall results suggest a the yolk of the ova of oviparous reproductive season. At concentrations NOEC and LOEC of approximately 8 vertebrate species (i.e., species of approximately 0.1 mg/L, fecundity and 18 mg/L respectively. producing eggs which hatch outside the was increased in fathead minnows. A multi-generational study has also body). Very little vitellogenin is These results suggest a possible been conducted for the rainbow trout produced in males and increased hormetic response of fish fecundity to (Oncorhynchus mykiss) (Ref. 50). vitellogenin production in males is an nonylphenol. Exposure to concentrations of 1 and 10 indication of estrogenic effects. While A number of studies have been mg/L of adult males and females was nonylphenol has been shown to performed with the fish Japanese intermittent over 4 months. Vitellogenin produce estrogenic effects, estimates medaka (Oryzias latipes). Following induction was increased in adult male from studies on male rainbow trout hatch, a cohort of Japanese medaka was fish exposed to both 1 and 10 mg/L. Male (Oncorhynchus mykiss) suggest that it is exposed for 28 days and monitored for progeny of fish exposed to 10 mg/L 2,000 to 3,000 times less potent than the following 55 days for survival, showed elevated plasma estradiol natural estrogen (17 beta-estradiol) (Ref. growth, egg viability, egg production, concentrations. Female progeny showed 36). and gonosomatic index (GSI) (Ref. 46). elevated levels of plasma testosterone Exposure to nonylphenol has been No effects were noted at the lowest and vitellogenin concentrations. shown to increase vitellogenin exposure concentration of 1.93 mg/L. production in male rainbow trout However, in a 3-month exposure study V. Rationale for Listing (Oncorhynchus mykiss) at with the same species, effects were EPA’s technical evaluation of concentrations from 10 to 100 mg/L over noted at 50 mg/L and included intersex nonylphenol shows that it can periods of 4 hours to 3 days (Refs. 37, (development of ovo-testis) and the sex reasonably be anticipated to cause, 38 and 39). Jobling and colleagues (Ref. ratio shifted in favor of females (Ref. because of its toxicity, significant 40) also found increased vitellogenin 47). Another study of Japanese medaka adverse effects in aquatic organisms. production in male rainbow trout after found that, in fish exposed from Toxicity values for nonylphenol are 21 days of exposure to nonylphenol fertilized egg to 60 days post-hatch, the available for numerous species of concentrations of 20 and 54 mg/L. LOEC for vitellogenin induction was aquatic organisms. The observed effects Similarly, Tremblay and van der Kraak found to be 12 mg/L (Ref. 48). from nonylphenol exposure occur at (Ref. 41) found increased plasma A two-generation (F0 and F1) flow- very low concentrations demonstrating vitellogenin after 3 weeks of exposure to through study exposed Japanese medaka that nonylphenol is highly toxic to 50 mg/L nonylphenol in rainbow trout. from eggs to 60 days post-hatch of the aquatic organisms. Data summarized in Female rainbow trout are similarly second (F1) generation at concentrations this document include acute toxicity sensitive with vitellogenin induction ranging from 4 to 183 mg/L (Ref. 49). For values for freshwater organisms ranging occurring with exposures ranging from the F0 generation, egg hatchability was from 21 mg/L for a detritivorous 8 to 86 mg/L (Ref. 42). The study on reduced by 48% at 187 mg/L. Survival amphipod to 774 mg/L for an algal female rainbow trout also noted that was reduced at 60 days post-hatch for grazing snail. Acute toxicity values for nonylphenol exposure caused changes exposures at or above 18 mg/L. However, freshwater fish ranged from 110 mg/L for in several pituitary and hormone plasma no differences in growth rates were the fountain darter to 128 to 360 mg/L levels. Exposure to nonylphenol observed in the F0 generation at any for the fathead minnow. Acute toxicity concentrations as low as 4 mg/L led to exposure concentration 60 days post- values for saltwater organisms ranged vitellogenin induction in male green hatch. Induction of ovo-testis was from 17 mg/L for the winter flounder to

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310 mg/L for the sheepshead minnow. United States Environmental Protection Number 8972–CMA, Hampton, NH. 34 Chronic toxicity values are also Agency, Washington, DC. Office of pp. available for several aquatic species Water. EPA–822–R–05–005. December 15. Kusk, K.O. and L. Wollenberger. 1999. ranging from 5 mg/L for growth effects in 2005. Fully defined saltwater medium for 4. Brooke, L.T. 1993a. Acute and chronic cultivation of and toxicity testing with mysid shrimp to 377 mg/L for survival toxicity of nonylphenol to ten species of the marine copepod Acartia tonsa. effects in water fleas. Chronic toxicity aquatic organisms. Report to the U.S. Environ. Toxicol. Chem. 20: 1564–1567. values for rainbow trout ranged from 8 EPA for Work Assignment No. 02 of 16. Hecht, S. and B.L. Boese. 2002. mg/L for effects on growth to 53 mg/L for Contract No. 68–C1–0034. Lake Superior Sensitivity of an infaunal amphipod, abnormal development. Reproductive, Research Institute, University of Eohaustorius estuaries, to acute developmental, and estrogenic effects Wisconsin-Superior, Superior, WI. waterborne exposures of 4-nonylphenol: on aquatic organisms have also been March 24. 30 pp. Amended 18 October Evidence of a toxic hangover. Environ. Toxicol. Chem. 21: 816–819. reported for nonylphenol with some 2005. 34 pp. 5. England, D.E. and J.B. Bussard. 1995. 17. Ward, T.J. and R.L. Boeri. 1990b. Acute effects observed at concentrations of 4 Toxicity of nonylphenol to the flow through toxicity of nonylphenol to mg/L or less. Therefore, EPA believes amphipod Hyalella azteca (Saussure). the mysid, Mysidopsis bahia. that the evidence is sufficient for listing Report No. 41569. ABC Laboratories, EnviroSystems Study Number 8974– the nonylphenol category on the EPCRA Inc., Columbia, MO. 178 pp. CMA, Hampton, NH. 35 pp. section 313 toxic chemical list pursuant 6. Comber, M.H.I., T.D. Williams and K.M. 18. England, D.E. 1995. Chronic toxicity of to EPCRA section 313(d)(2)(C) based on Stewart. 1993. The effects of nonylphenol to Ceriodaphnia dubia. nonylphenol on Daphnia magna. Wat. Report No. 41756. ABC Laboratories, Inc. the available ecological toxicity data. Columbia, MO. 409 pp. EPA does not believe that it is Res. 27: 273–276. 7. Dwyer, F.J., D.K. Hardesty, C.E. Henke, 19. Fliedner, A. 1993. Daphnia magna appropriate to consider exposure for C.G. Ingersoll, D.W. Whites, D.R. Mount Reproduction test (OECD) No. 202). chemicals that are highly toxic based on and C.M. Bridges. 1999. Assessing Fraunhofer-Institute fur Umweltchemie a hazard assessment when determining contaminant sensitivity of endangered und Okotoxikologie, Posfach 1260, W– if a chemical can be added for and threatened species: Toxicant classes. 5948 Schmallenberg—Grafschaft, environmental effects pursuant to EPA/600/R–99/098. National Technical Germany. Report No. UBA–002/4–22 Information Service, Springfield, VA. February. EPCRA section 313(d)(2)(C) (see 59 FR 20. Kahl, M.D., E.A. Makynen, P.A. Kosian 61440–61442). Therefore, in accordance 15pp. 8. Brooke, L.T. 1993b. Nonylphenol Toxicity. and G.T. Ankley. 1997. Toxicity of 4- with EPA’s standard policy on the use nonylphenol in a life-cycle test with the Accumulation and lethality for two of exposure assessments (59 FR 61432), midge Chironomus tentans. Ecotoxicol. freshwater fishes (fathead minnow and Environ. Saf. 38: 155–160. EPA does not believe that an exposure bluegill) to nonylphenol. Report to the 21. Ward, T.J. and R.L. Boeri. 1991a. Early assessment is necessary or appropriate U.S. EPA for the Work Assignment No. life stage toxicity of nonylphenol to the for determining whether the 1–12 of Contract No. 68–C1–0034. Lake nonylphenol category meets the criteria fathead minnow, Pimephales promelas. Superior Research Institute, University EnviroSystems Study Number 8979– of EPCRA section 313(d)(2)(C). of Wisconsin-Superior, WI. September CMA, Hampton, NH. 59 pp. 30. 50 pp. VI. References 22. Ward, T.J. and R.L. Boeri. 1991b. Chronic 9. Dwyer, F.J., L.C. Sappington, D.R. Buckler toxicity of nonylphenol to the mysid, EPA has established an official public and S.B. Jones. 1995. Use of surrogate Mysidopsis bahia. EnviroSystems Study docket for this action under Docket ID species in assessing contaminant risk to Number 8977–CMA, Hampton, NH. 61 No. EPA–HQ–TRI–2012–0110. The endangered and threatened fishes. EPA/ pp. 600/R–96/029. National Technical public docket includes information 23. Kuhn, A., W.R. Munns, Jr., D. Champlin, Information Service, Springfield, VA. 71 R. McKinney, M. Tagliabue, J. Serbst and considered by EPA in developing this pp. action, including the documents listed T. Gleason. 2001. Evaluation of the 10. Holcombe, G.W., G.L. Phipps, M.L. Knuth efficacy of extrapolation population below, which are electronically or and T. Felhaber. 1984. The acute toxicity modeling to predict the dynamics of physically located in the docket. In of selected substituted phenols, Americamysis bahia populations in the addition, interested parties should benzenes, and benzoic acid esters to laboratory. Environ. Toxicol. Chem. 20: consult documents that are referenced fathead minnows (Pimephales 213–221. in the documents that EPA has placed promelas). Environ. Pollut. (Series A) 35: 24. Ward, T.J. and R.L. Boeri. 1990c. Acute in the docket, regardless of whether 367–381. static toxicity of nonylphenol to the 11. University of Wisconsin-Superior. 1985. freshwater alga Selenastrum these referenced documents are Acute toxicities of organic chemicals to electronically or physically located in capricornutum. EnviroSystems Study fathead minnows (Pimephales Number 8969–CMA, Hampton, NH. 41 the docket. For assistance in locating promelas). Volume II. D.L. Geiger, C.E. pp. documents that are referenced in Northcott, D.J. Call, and L.T. Brooke 25. Ward, T.J. and R.L. Boeri. 1990d. Acute documents that EPA has placed in the (Eds.). Center for Lake Superior static toxicity of nonylphenol to the docket, but that are not electronically or Environmental Studies, University of marine alga Skeletonema costatum. physically located in the docket, please Wisconsin-Superior, Superior, WI. 326 EnviroSystems Study Number 8970– consult the person listed in the above pp. CMA, Hampton, NH. 42 pp. 12. England, D.E. and J.B. Bussard. 1993. FOR FURTHER INFORMATION CONTACT 26. Ward, T.J. and R.L. Boeri. 1991c. Toxicity of nonylphenol to the midge section. Bioconcentration test with nonlylphenol Chironomus tentans. Report No. 40597. and the Fathead Minnow, Pimephales 1. USEPA. 2010. Nonylphenol (NP) and ABC Laboratories, Inc., Columbia, MO. promelas. EnviroSystems Study Number Nonylphenol Ethoxylates (NPEs) Action 92 pp. 8975–CMA, Hampton, NH. 72 pp. Plan (RIN 2070–ZA09). United States 13. Lussier, S.M., D. Champlin, J. LiVolsi, S. 27. Brooke, L.T. 1994. Nonylphenol Analysis. Environmental Protection Agency, Poucher and R.J. Pruell. 2000. Acute Accumulation and lethality for two Washington, DC. August 18, 2010. toxicity of para-nonylphenol to saltwater freshwater fishes (fathead minnow and 2. Lorenc, J. F., Lambeth, G. and Scheffer, W. animals. Environ. Toxicol. Chem. 19: bluegill) to nonylphenol. Report to the 2003. Alkylphenols. Kirk-Othmer 617–621. U.S. EPA for the Work Assignment No. Encyclopedia of Chemical Technology, 14. Ward, T.J. and R.L. Boeri. 1990a. Acute 2–15 of Contract No. 68–C1–0034. Lake John Wiley & Sons, Inc. 2:225. flow through toxicity of nonylphenol to Superior Research Institute, University 3. USEPA. 2005. Aquatic Life Ambient Water the sheepshead minnow, Cyprinodon of Wisconsin-Superior, WI. May 31. 49 Quality Criteria—Nonylphenol Final. variegatus. EnviroSystems Study pp.

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28. Giesy, J.P., S.L. Pierens, E.M. Snyder, S. Sumpter. 2001. Nonylphenol affects B. Paperwork Reduction Act Miles-Richardson, V.J. Kramer, S.A. gonadotropin levels in the pituitary This proposed rule does not contain Snyder, K.M. Nichols, and D.A. gland and plasma of female rainbow Villeneuve. 2000. Effects of 4- trout. Environ. Sci. Technol. 35: 2909– any new information collection nonylphenol on fecundity of biomarkers 2916. requirements that require additional of estrogenicity in fathead minnows 43. Pedersen, S.N. L.B. Christiansen, K.L. approval by the Office of Management (Pimephales promelas). Environ. Pedersen, B. Korsgaard, and P. and Budget (OMB) under the Paperwork Toxicol. Chem. 19: 1368–1377. Bjerregaard. 1999. In vivo estrogenic Reduction Act (PRA), 44 U.S.C. 3501 et. 29. Ekelund, R., A. Bergman, A. Granmo, and activity of branched and linear seq. Currently, the facilities subject to M. Berggren. 1990. Bioaccumulation of alkylphenols in rainbow trout the reporting requirements under 4-nonylphenol in marine animals—A re- evaluation. Environ. Poll. 64: 107–120. (Oncorhychus mykiss). Sci. Tot. Environ. EPCRA 313 and PPA 6607 may use 30. Servos, M.R. 1999. Review of the aquatic 233: 89–96. either the EPA Toxic Chemicals Release toxicity, estrogenic responses, and 44. Moore, A., A.P. Scott, N. Lower, I. Inventory Form R (EPA Form 9350–1), bioaccumulation of alkylphenols and Katsiadaki, and L. Greenwood. 2003. The or the EPA Toxic Chemicals Release alkylphenol polyethoxylates. Wat. Qual. effects of 4-nonylphenol and atrazine on Inventory Form A (EPA Form 9350–2). Res. J. Can. 34: 123–177. Atlantic salmon (Salmo salar L.) smolts. The Form R must be completed if a 31. Sonnenschein, C. and A.M. Soto. 1998. Aquaculture 222: 253–263. facility manufactures, processes, or An updated review of environmental 45. Pickford, K.A., R.E. Thomas-Jones, B. otherwise uses any listed chemical estrogen and androgen mimics and Wheals, C.R. Tyler, and J.P. Sumpter. antagonists. J. Steroid Biochem. Molec. 2003. Route of exposure affects the above threshold quantities and meets Biol. 65: 143–150. oestrogenic response of fish to 4-tert- certain other criteria. For the Form A, 32. Sumpter, J.P. 1998. Xenoendocrine nonylphenol. Aquat. Toxicol. 65: 267– EPA established an alternative threshold disrupters—environmental impacts. 279. for facilities with low annual reportable Toxicol. Lett. 102–103: 337–342. 46. Nimrod, A.C. and W.H. Benson. 1998. amounts of a listed toxic chemical. A 33. Brown, R.J., M. Conradi, and M.H. Reproduction and development of facility that meets the appropriate Depledge. 1999. Long-term exposure to Japanese medaka following an early life reporting thresholds, but estimates that 4-nonylphenol affects sexual stage exposure to xenoestrogens. Aquat. the total annual reportable amount of differentiation and growth of the Toxicol. 44: 141–156. the chemical does not exceed 500 amphipod Corophium volutator (Pallus, 47. Gray, M.A. and C.D. Metcalfe. 1997. 1766). Sci. Total Environ. 233: 77–88. pounds per year, can take advantage of Induction of testis-ova in Japanese 34. Hahn, T., K. Schenk, and R. Schulz. 2002. an alternative manufacture, process, or medaka (Oryzias latipes) exposed to p- Environmental chemicals with known otherwise use threshold of 1 million endocrine potential affect yolk protein nonylphenol. Environ. Toxicol. Chem. pounds per year of the chemical, content in the aquatic insect Chironomus 16: 1082–1086. provided that certain conditions are riparius. Environ. Pollut. 120: 525–528. 48. Seki, M., H. Yokota, M. Maeda, H. met, and submit the Form A instead of 35. Bechmann, R.K. 1999. Effect of the Tadokoro, and K. Kobayashi. 2003. the Form R. In addition, respondents endocrine disruptor nonylphenol on the Effects of 4-nonylphenol and 4-tert- octylphenol on sex differentiation and may designate the specific chemical marine copepod Tisbe battagliai. Sci. identity of a substance as a trade secret Total Environ. 233: 33–46. vitellogenin induction in medaka 36. Islinger, M., S. Pawlowski, H. Hollert, A. (Oryzias latipes). Environ. Toxicol. pursuant to EPCRA section 322 42 Volkl, and T. Braumbeck. 1999. Chem. 22: 1507–1516. U.S.C. 11042: 40 CFR part 350. Measurement of vitellogenin-mRNA 49. Yokota, H., M. Seki, M. Maeda, Y. OMB has approved the reporting and expression in primary cultures of Oshima, H. Tadokoro, T. Honjo, and K. recordkeeping requirements related to rainbow trout hepatocytes in a non- Kobayashi. 2001. Life-cycle toxicity of 4- Forms A and R, supplier notification, radioactive dot blot/RNAse protection- nonylphenol to medaka (Oryzias latipes). and petitions under OMB Control assay. Sci. Total Environ. 233:109–122. Environ. Toxicol. Chem. 20: 2552–2560. number 2025–0009 (EPA Information 37. Ren, L., D. Lattier, and J.J. Lech. 1996a. 50. Schwaiger, J., U. Mallow, H. Ferling, S. Collection Request (ICR) No. 1363) and Estrogenic activity in rainbow trout Knoerr, T. Braunbeck, W. Kalbfus, and those related to trade secret designations determined with a new cDNA probe for R.D. Negele. 2000. How estrogenic is under OMB Control 2050–0078 (EPA vitellogenesis, pSG5Vg1.1. Bull. Environ. nonylphenol? A transgenerational study Contam. Toxicol. 56: 287–294. ICR No. 1428). As provided in 5 CFR using rainbow trout (Oncorhynchus 1320.5(b) and 1320.6(a), an Agency may 38. Ren, L., S.K. Lewis, and J.J. Lech. 1996b. mykiss) as a test organism. Aquat. not conduct or sponsor, and a person is Effects of estrogen and nonylphenol on Toxicol. 59: 177–189. the post-transcriptional regulation of 51. USEPA, OEI. Economic Analysis of the not required to respond to, a collection vitellogenin gene expression. Chemico- Proposed Rule to add Nonylphenol to of information unless it displays a Biol. Interact. 100: 67–76. the EPCRA Section 313 List of Toxic currently valid OMB control number. 39. Lech, J.J., S.K. Lewis, and L. Ren. 1996. Chemicals. June 11, 2013. The OMB control numbers relevant to In vivo estrogenic activity of EPA’s regulations are listed in 40 CFR nonylphenol in rainbow trout. Fund. VII. What are the Statutory and part 9, 48 CFR chapter 15, and Appl. Toxicol. 30: 229–232. Executive Order Reviews associated displayed on the information collection 40. Jobling, S., D. Sheahan, J.A. Osborne, P. with this action? Matthiessen, and J.P. Sumpter. 1996. instruments (e.g., forms, instructions). Inhibition of testicular growth in A. Executive Order 12866: Regulatory For the 57 Form Rs and 13 Form As rainbow trout (Oncorhynchus mykiss) Planning and Review and Executive expected to be filed, EPA estimates the exposed to estrogenic alkylphenolic Order 13563: Improving Regulation and industry reporting and recordkeeping chemicals. Environ. Toxicol. Chem. 15: Regulatory Review burden for collecting this information to 194–202. average, in the first year, $246,429 41. Tremblay, L. and G. van der Kraak. 1998. This action is not a ‘‘significant (based on 4,874 total burden hours) (Ref. Use of a series of homologous in vitro regulatory action’’ under the terms of 51). In subsequent years, the burden for and in vivo assays to evaluate the endocrine modulating actions of beta- Executive Order 12866 (58 FR 51735, collecting this information is estimated sitosterol in rainbow trout. Aquat. October 4, 1993) and is therefore not to average $117,350 (based on 2,321 Toxicol. 43: 149–162. subject to review under Executive total burden hours). These estimates 42. Harris, C.A., E.M. Santos, a. Janbakhsh, Orders 12866 and 13563 (76 FR 3821, include the time needed to become T.G. Pottinger, C.R. Tyler, and J.P. January 21, 2011). familiar with the requirement (first-year

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only); review instructions; search affected by this action. Thus this rule is 13175, and consistent with EPA policy existing data sources; gather and not expected to have a significant to promote communications between maintain the data needed; complete and adverse economic impact on a EPA and Indian Tribal Governments, review the collection information; and substantial number of small entities. A EPA specifically solicits additional transmit or otherwise disclose the more detailed analysis of the impacts on comment on this proposed action from information. The actual burden on any small entities is located in EPA’s tribal officials. facility may be different from this economic analysis support document G. Executive Order 13045: Protection of estimate depending on the complexity (Ref. 51). We continue to be interested Children From Environmental Health of the facility’s operations and the in the potential impacts of the proposed Risks and Safety Risks profile of the releases at the facility. rule on small entities and welcome Upon promulgation of a final rule, the comments on issues related to such EPA interprets EO 13045 (62 FR Agency may determine that the existing impacts. 19885, April 23, 1997) as applying only burden estimates in the ICRs need to be to those regulatory actions that concern amended in order to account for an D. Unfunded Mandates Reform Act health or safety risks, such that the increase in burden associated with the This rule does not contain a Federal analysis required under section 5–501 of final action. If so, the Agency will mandate that may result in expenditures the EO has the potential to influence the submit an information collection of $100 million or more for State, local, regulation. This action is not subject to worksheet (ICW) to OMB requesting that and tribal governments, in the aggregate, EO 13045 because it does not establish the total burden in each ICR be or the private sector in any one year. an environmental standard intended to amended, as appropriate. EPA’s economic analysis indicates that mitigate health or safety risks. the total cost of this rule is estimated to C. Regulatory Flexibility Act (RFA), as be $246,722 in the first year of H. Executive Order 13211: Actions Amended by the Small Business reporting. Thus, this rule is not subject Concerning Regulations That Regulatory Enforcement Fairness Act of to the requirements of sections 202 or Significantly Affect Energy Supply, 1996 (SBREFA), 5 U.S.C. 601 et seq. 205 of UMRA. Distribution, or Use The RFA generally requires an agency This rule is also not subject to the This action is not subject to Executive to prepare a regulatory flexibility requirements of section 203 of UMRA Order 13211 (66 FR 28355 (May 22, analysis of any rule subject to notice because it contains no regulatory 2001)), because it is not a significant and comment rulemaking requirements requirements that might significantly or regulatory action under Executive Order under the Administrative Procedure Act uniquely affect small governments. 12866. or any other statute unless the agency Small governments are not subject to the I. National Technology Transfer and certifies that the rule will not have a EPCRA section 313 reporting Advancement Act significant economic impact on a requirements. substantial number of small entities. Section 12(d) of the National Small entities include small businesses, E. Executive Order 13132 (Federalism) Technology Transfer and Advancement small organizations, and small This action does not have federalism Act of 1995 (‘‘NTTAA’’), Public Law governmental jurisdictions. For implications. It will not have substantial 104–113, 12(d) (15 U.S.C. 272 note) purposes of assessing the impacts of direct effects on the States, on the directs EPA to use voluntary consensus today’s rule on small entities, small relationship between the national standards in its regulatory activities entity is defined as: (1) A business that government and the States, or on the unless to do so would be inconsistent is classified as a ‘‘small business’’ by the distribution of power and with applicable law or otherwise Small Business Administration at 13 responsibilities among the various impractical. Voluntary consensus CFR 121.201; (2) a small governmental levels of government, as specified in standards are technical standards (e.g., jurisdiction that is a government of a Executive Order 13132. This action materials specifications, test methods, city, county, town, school district or relates to toxic chemical reporting under sampling procedures, and business special district with a population of less EPCRA section 313, which primarily practices) that are developed or adopted than 50,000; and (3) a small affects private sector facilities. Thus, by voluntary consensus standards organization that is any not-for-profit Executive Order 13132 does not apply bodies. NTTAA directs EPA to provide enterprise which is independently to this action. Congress, through OMB, explanations owned and operated and is not In the spirit of Executive Order 13132, when the Agency decides not to use dominant in its field. and consistent with EPA policy to available and applicable voluntary After considering the economic promote communications between EPA consensus standards. impacts of today’s rule on small entities, and State and local governments, EPA This proposed rulemaking does not I certify that this action will not have a specifically solicits comment on this involve technical standards. Therefore, significant economic impact on a proposed action from State and local EPA is not considering the use of any substantial number of small entities. Of officials. voluntary consensus standards. the 70 entities estimated to be impacted by this proposed rule, 34 are small F. Executive Order 13175: Consultation J. Executive Order 12898: Federal businesses. Of the affected small and Coordination With Indian Tribal Actions To Address Environmental businesses, all 34 are projected to have Governments Justice in Minority Populations and cost-to-revenue impacts of less than 1% This action does not have tribal Low-Income Populations in both the first and subsequent years of implications, as specified in Executive Executive Order (EO) 12898 (59 FR the rulemaking. Facilities eligible to use Order 13175 (65 FR 67249, November 9, 7629 (Feb. 16, 1994)) establishes Federal Form A (those meeting the appropriate 2000). This action relates to toxic executive policy on environmental activity threshold which have 500 chemical reporting under EPCRA justice. Its main provision directs pounds per year or less of reportable section 313, which primarily affects Federal agencies, to the greatest extent amounts of the chemical) will have a private sector facilities. Thus, Executive practicable and permitted by law, to lower burden. No small governments or Order 13175 does not apply to this make environmental justice part of their small organizations are expected to be action. In the spirit of Executive Order mission by identifying and addressing,

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as appropriate, disproportionately high populations) with access to data which Dated: June 14, 2013. and adverse human health or they may use to seek lower exposures Bob Perciasepe, environmental effects of their programs, and consequently reductions in Acting Administrator. policies, and activities on minority chemical risks for themselves and their Therefore, it is proposed that 40 CFR populations and low-income children. This information can also be part 372 be amended as follows: populations in the United States. EPA used by government agencies and others has determined that this proposed rule to identify potential problems, set PART 372—TOXIC CHEMICAL will not have disproportionately high priorities, and take appropriate steps to RELEASE REPORTING: COMMUNITY and adverse human health or reduce any potential risks to human RIGHT–TO–KNOW environmental effects on minority or health and the environment. Therefore, low-income populations because it does the informational benefits of the ■ 1. The authority citation for part 372 not affect the level of protection proposed rule will have a positive continues to read as follows: provided to human health or the impact on the human health and Authority: 42 U.S.C. 11023 and 11048. environmental impacts of minority environment. This proposed rule adds ■ 2. The table in § 372.65 paragraph (c) populations, low-income populations, an additional chemical to the EPCRA is amended by adding an entry in and children. section 313 reporting requirements. By alphabetical order for ‘‘Nonylphenol’’ to adding a chemical to the list of toxic List of Subjects in 40 CFR Part 372 read as follows: chemicals subject to reporting under section 313 of EPCRA, EPA would be Environmental protection, § 372.65 Chemicals and chemical providing communities across the Community right-to-know, Reporting categories to which the part applies. United States (including minority and recordkeeping requirements, and * * * * * populations and low income Toxic chemicals. (c) * * *

[FR Doc. 2013–14754 Filed 6–19–13; 8:45 am] Fisheries Service (NMFS) periodically complete the required fields, and enter BILLING CODE 6560–50–P review existing regulations that have a or attach your comments. significant economic impact on a • Mail: Submit written comments to substantial number of small entities, Wendy Morrison, National Marine DEPARTMENT OF COMMERCE such as small businesses, small Fisheries Service, NOAA, Office of organizations, and small governmental Sustainable Fisheries, 1315 East-West National Oceanic and Atmospheric jurisdictions. This plan describes how Highway, Silver Spring, MD 20910 Administration NMFS will perform this review and (mark outside of envelope ‘‘Comments describes the regulations that are being on 610 review’’). • 50 CFR Chapters II, III, IV, V, and VI proposed for review during the current Fax: 301–713–1193; Attn: Wendy review-cycle. Morrison. RIN 0648–XC637 Instructions: Comments must be DATES: Written comments must be submitted by one of the above methods Plan for Periodic Review of received by NMFS by July 22, 2013. to ensure that the comments are Regulations ADDRESSES: You may submit comments received, documented, and considered AGENCY: National Marine Fisheries on this document, identified by NOAA– by NMFS. Comments sent by any other Service (NMFS), National Oceanic and NMFS–2012–0160, by any of the method, to any other address or Atmospheric Administration (NOAA), following methods: individual, or received after the end of Commerce. • Electronic Submission: Submit all the comment period, may not be ACTION: Proposed rule; request for electronic public comments via the considered. All comments received are comments. Federal e-Rulemaking Portal. Go to a part of the public record and will www.regulations.gov/ generally be posted for public viewing SUMMARY: The Regulatory Flexibility Act #!docketDetail;D=NOAA-NMFS-2012- on www.regulations.gov without change. (RFA) requires that the National Marine 0160, click the ‘‘Comment Now!’’ icon, All personal identifying information

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(e.g., name, address, etc.) submitted (2) What type of complaints or Groundfish of the Bering Sea and voluntarily by the sender will be comments were received concerning the Aleutian Islands Management Area. publicly accessible. Do not submit rule from the public; 3. Pacific Halibut Fisheries; confidential business information, or (3) The complexity of the rule; Subsistence Fishing. RIN 0648–AR88 otherwise sensitive or protected (4) How much the rule overlaps, (70 FR 16742, April 1, 2005). NMFS information. NMFS will accept duplicates or conflicts with other issued a final rule to amend the anonymous comments (enter ‘‘N/A’’ in Federal rules, and, to the extent feasible, subsistence fishery rules for Pacific the required fields if you wish to remain with State and local governmental rules; halibut in waters off Alaska. This action anonymous). Attachments to electronic and was necessary to address subsistence comments will be accepted in Microsoft (5) How long it has been since the rule halibut management concerns in Word or Excel, WordPerfect, or Adobe has been evaluated or how much the densely populated areas. This action PDF file formats only. technology, economic conditions, or was intended to meet the conservation FOR FURTHER INFORMATION CONTACT: other factors have changed in the area and management requirements of the Wendy Morrison, (301) 427–8504. affected by the rule. Northern Pacific Halibut Act of 1982 and the Magnuson-Stevens Act. SUPPLEMENTARY INFORMATION: Plan for Periodic Review of Rules 4. Fisheries of the Exclusive Background NMFS will conduct reviews in such a Economic Zone Off Alaska; License Limitation Program for the Scallop The Regulatory Flexibility Act (RFA), way as to ensure that all rules for which a Final Regulatory Flexibility Analysis Fishery. RIN 0648–AS90 (70 FR 39664, 5 U.S.C. 601, requires that Federal July 11, 2005). NMFS issued a final rule agencies take into account how their was prepared are reviewed within 10 years of the year in which they were to implement Amendment 10 to the regulations affect ‘‘small entities,’’ FMP for the Scallop Fishery off Alaska, originally issued. By December 31, including small businesses, small which modified the gear endorsements 2013, NMFS will review all such rules Governmental jurisdictions and small under the License Limitation Program issued during 2005 and 2006: organizations. For regulations proposed for the scallop fishery. This action was 1. Fisheries of the Exclusive after January 1, 1981, the agency must necessary to allow increased either prepare a Regulatory Flexibility Economic Zone Off Alaska; Allocating participation by License Limitation Analysis or certify that the regulation, if Bering Sea and Aleutian Islands King Program license holders in the scallop promulgated, will not have a significant and Tanner Crab Fishery Resources. RIN fisheries off Alaska. This action was economic impact on a substantial 0648–AS47 (70 FR 10174, March 2, intended to promote the goals and number of small entities. Section 602 2005). NMFS issued a final rule objectives of the Magnuson-Stevens Act, requires that NMFS issue an Agenda of implementing Amendments 18 and 19 the FMP, and other applicable laws. Regulations identifying rules the to the FMP for Bering Sea/Aleutian 5. Pacific Halibut Fisheries; Fisheries Agency is developing that are likely to Islands King and Tanner Crabs. of the Exclusive Economic Zone Off have a significant economic impact on Amendments 18 and 19 amended the Alaska; Individual Fishing Quota a substantial number of small entities. FMP to include the Voluntary Three-Pie Program; Community Development Section 610 of the RFA requires Cooperative Program (hereinafter Quota Program. RIN 0648–AT03 (70 FR Federal agencies to review existing referred to as the Crab Rationalization 43328, July 27, 2005). NMFS issued a regulations. It requires that NMFS Program). Congress amended the final rule to amend the Pacific halibut publish a plan in the Federal Register Magnuson-Stevens Act to require the regulations for waters in and off Alaska. explaining how it will review its Secretary of Commerce to approve and This action was necessary to modify the existing regulations which have or will implement the Program. The action was Individual Fishing Quota (IFQ) Program have a significant economic impact on necessary to increase resource and the Western Alaska Community a substantial number of small entities. conservation, improve economic Development Quota (CDQ) Program to Regulations that become effective after efficiency, and improve safety. This allow quota share holders in January 1, 1981, must be reviewed action was intended to promote the International Pacific Halibut within 10 years of the publication date goals and objectives of the Magnuson- Commission Regulatory Area 4C to fish of the final rule. Section 610(c) requires Stevens Act, the FMP, and other their Area 4C IFQ or CDQ in Area 4D. that NMFS publish annually in the applicable law. This action was intended to enhance Federal Register a list of rules it will 2. Fisheries of the Exclusive harvesting opportunities for halibut by review during the succeeding 12 Economic Zone Off Alaska; Revisions to IFQ and CDQ fishermen and was months. The list must describe the rule, Western Alaska Community necessary to promote the objectives of explain the need for it, give the legal Development Quota Program. RIN 0648– the Northern Pacific Halibut Act of 1982 basis for it, and invite public comment. AS00 (70 FR 15010, March 24, 2005). with respect to the IFQ and CDQ Pacific NMFS issued a final rule to revise halibut fisheries, consistent with the Criteria for Review of Existing regulations governing the Western regulations and resource management Regulations Alaska Community Development Quota objectives of the International Pacific The purpose of the review is to Program. These regulatory amendments Halibut Commission and the North determine whether existing rules should simplified the processes for making Pacific Fishery Management Council. be left unchanged, or whether they quota transfers, for authorizing vessels 6. Magnuson-Stevens Act Provisions; should be revised or rescinded in order as eligible to participate in the Fishing Capacity Reduction Program; to minimize significant economic Community Development Quota Bering Sea/Aleutian Islands King and impacts on a substantial number of fisheries, and for obtaining approval of Tanner Crabs; Industry Fee System for small entities, consistent with the alternative fishing plans. This action Fishing Capacity Reduction Loan. RIN objectives of other applicable statutes. was necessary to improve NMFS’s 0648–AS46 (70 FR 54652, September In deciding whether change is ability to effectively administer the 16, 2005). NMFS established regulations necessary, the RFA establishes five Community Development Quota to implement an industry fee system for factors that NMFS will consider: Program. It was intended to further the repaying a $97,399,357.11 Federal loan (1) Whether the rule is still needed; goals and objectives of the FMP for financing a fishing capacity reduction

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program in the Bering Sea/Aleutian provide consistency with current Alaska, Amendments 16 and 12 to the Islands King and Tanner Crab fishery. regulations. The final rule promoted the FMP for Bering Sea/Aleutian Islands This action was necessary for goals and objectives of the FMP for King and Tanner Crabs, Amendments 7 implementing the fee system. Groundfish of the Bering Sea and and 9 to the FMP for the Scallop Fishery 7. Fisheries of the Exclusive Aleutian Islands Management Area and off Alaska, and Amendments 7 and 8 to Economic Zone Off Alaska; Total the FMP for Groundfish of the Gulf of the FMP for Salmon Fisheries in the Allowable Catch Amount for ‘‘Other Alaska. Exclusive Economic Zone off the Coast Species’’ in the Groundfish Fisheries of 10. Fisheries of the Exclusive of Alaska. These amendments revised the Gulf of Alaska. RIN 0648–AT92 (71 Economic Zone Off Alaska; Allocating the FMPs by identifying and describing FR 12626, March 13, 2006). NMFS Bering Sea and Aleutian Islands King essential fish habitat, designating issued a final rule that implements and Tanner Crab Fishery Resources. RIN habitat areas of particular concern, and Amendment 69 to the FMP for 0648–AU06 (71 FR 32862, June 7, 2006). included measures to minimize to the Groundfish of the Gulf of Alaska. NMFS issued a final rule implementing extent practicable adverse effects on Amendment 69 amended the manner in Amendment 20 to the FMP for Bering essential fish habitat. This action was which the total allowable catch for the Sea/Aleutian Islands King and Tanner necessary to protect important habitat ‘‘other species’’ complex was annually crabs. This action amends the Crab features to sustain managed fish stocks. determined in the Gulf of Alaska. The Rationalization Program to modify the 13. Fisheries of the Exclusive amendment allowed the total allowable allocation of harvesting shares and Economic Zone Off Alaska; Bering Sea catch amount for the ‘‘other species’’ processing shares for Bering Sea Tanner and Aleutian Islands King and Tanner complex to be set less than or equal to crab (Chionoecetes bairdi) to allow this Crab Fishery Resources; Crab Economic 5 percent of the sum of groundfish species to be managed as two separate Data Reports. RIN 0648–AU44 (71 FR targets species in the Gulf of Alaska. stocks. This action was necessary to 38112, July 5, 2006). NMFS issued a This final rule also raised the maximum increase resource conservation and final rule to implement revision of the retainable amount of ‘‘other species’’ in economic efficiency in the crab fisheries annual economic data reports the directed arrowtooth flounder fishery that were subject to the Program. This submission deadline from May 1 to June from 0 percent to 20 percent. This action was intended to promote the 28. This action was necessary to provide action was necessary to reduce the goals and objectives of the Magnuson- adequate time for crab harvesters and potential for overfishing those species in Stevens Act, the FMP, and other processors participating in the Bering the ‘‘other species’’ complex in the Gulf applicable law. Sea and Aleutian Islands Crab of Alaska and to reduce the amount of 11. Fisheries of the Exclusive Rationalization Program to submit ‘‘other species’’ required to be discarded Economic Zone Off Alaska; accurate and complete data on an in the arrowtooth flounder fishery. This Recordkeeping and Reporting; Tagged economic data report for the previous action was intended to promote the Pacific Halibut and Tagged Sablefish. fishing year. This action was intended goals and objectives of the Magnuson- RIN 0648–AR09 (71 FR 36489, June 27, to promote the goals and objectives of Stevens Act, the FMP, and other 2006). NMFS issued a final rule to the Magnuson-Stevens Act. applicable laws. exclude tagged halibut and tagged 14. Fisheries of the Exclusive 8. Fisheries of the Exclusive sablefish catches from deduction from Economic Zone Off Alaska; Allocating Economic Zone Off Alaska; Groundfish fishermen’s Individual Fishing Quota Bering Sea and Aleutian Islands King Retention Standard. RIN 0648–AT04 (71 (IFQ) and from Western Alaska and Tanner Crab Fishery Resources. RIN FR 17362, April 6, 2006). NMFS issued Community Development Quota (CDQ) 0648–AU24 (71 FR 38298, July 6, 2006). a final rule to implement a groundfish accounts. This action was necessary to NMFS issued a final rule implementing retention standard program in the ensure that only halibut and sablefish changes to the regulations for the Crab Bering Sea and Aleutian Islands that are tagged with an external research Rationalization Program. This action Management Area for trawl catcher/ tag are excluded from IFQ deduction, was necessary to correct two processor vessels that are 125 ft (38.1 m) and to extend the same exclusion to discrepancies in the scope of the length overall or greater and that are not halibut and sablefish harvested under sideboard protections for Gulf of Alaska listed American Fisheries Act catcher/ the CDQ Program. This action was groundfish fisheries provided in a processors vessels. This action was intended to improve administration of previous rulemaking. Specifically, this necessary to reduce bycatch and the IFQ and CDQ Programs, to enhance action removed the sideboard improve utilization of groundfish collection of scientific data from restrictions from vessels that did not harvested by these non-American external tags, and to further the goals generate Bering Sea snow crab Fisheries Act trawl catcher/processor and objectives of the FMP for (Chionoecetes opilio) quota share and vessels. This action was intended to Groundfish of the Bering Sea and applied the sideboards to federally promote the management objectives of Aleutian Islands Management Area, the permitted vessels operating in the State the Improved Retention/Improved FMP for Groundfish of the Gulf of of Alaska parallel fisheries. This action Utilization program, the FMP for Alaska, and the halibut management was intended to promote the goals and Groundfish of the Bering Sea and program. objectives of the FMP for Bering Sea/ Aleutian Islands Management Area, and 12. Fisheries of the Exclusive Aleutian Islands King and Tanner Crabs, the Magnuson-Stevens Act. Economic Zone Off Alaska; Groundfish, the Magnuson-Stevens Act, and other 9. Fisheries of the Exclusive Crab, Salmon, and Scallop Fisheries of applicable law. Economic Zone Off Alaska; Groundfish the Bering Sea and Aleutian Islands 15. Fisheries of the Exclusive Observer Program. RIN 0648–AS93 (71 Management Area and Gulf of Alaska. Economic Zone Off Alaska; Allocating FR 20346, April 20, 2006). NMFS issued RIN 0648–AT09 (71 FR 36694, June 28, Bering Sea and Aleutian Islands King a final rule to amend regulations 2006). NMFS issued a final rule and Tanner Crab Fishery Resources. RIN supporting the North Pacific Groundfish implementing Amendments 78 and 65 0648–AU37 (71 FR 40030, July 14, Observer Program. This action was to the FMP for Groundfish of the Bering 2006). NMFS issued a final rule to necessary to revise requirements Sea and Aleutian Islands Management implement Amendment 21 to the FMP facilitating observer data transmission, Area, Amendments 73 and 65 to the for Bering Sea/Aleutian Islands King improve support for observers, and FMP for Groundfish of the Gulf of and Tanner Crabs. This action made

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changes to the arbitration system in the 0648–AT71 (71 FR 67210, November 20, fishing gear in the recreational fishery Bering Sea and Aleutian Islands Crab 2006). NMFS issued a final rule to for bigeye, albacore, yellowfin, and Rationalization Program by modifying implement Amendment 68 to the FMP skipjack tunas; authorized buoy gear in the timing for harvesters and processors for Groundfish of the Gulf of Alaska. the commercial swordfish handgear to match harvesting and processing This action implemented statutory fishery; clarified the allowance of shares, and the timing for initiating provisions for the Central Gulf of Alaska secondary gears (also known as cockpit arbitration proceedings to resolve price Rockfish Pilot Program. This action was gears); and clarified existing regulations. and other delivery disputes. This action necessary to enhance resource This final rule also announced the was necessary to increase resource conservation and improve economic decision regarding a petition for conservation and economic efficiency in efficiency for harvesters and processors rulemaking regarding closure areas for the crab fisheries that are subject to the who participate in the Central Gulf of spawning bluefin tuna in the Gulf of Crab Rationalization Program. This Alaska rockfish fishery. This action was Mexico. The Consolidated Highly action was intended to promote the intended to promote the goals and Migratory Species FMP combines the goals and objectives of the Magnuson- objectives of the Magnuson-Stevens Act, management of all Atlantic HMS into Stevens Act, the FMP, and other the FMP, and other applicable law. one FMP, and combines and simplifies applicable law. 18. Atlantic Highly Migratory Species; the objectives of the previous FMPs. 16. Fishing Capacity Reduction Atlantic Bluefin Tuna Quota 20. Fisheries of the Northeastern Program for the Longline Catcher Specifications, General Category Effort United States; Summer Flounder, Scup, Processor Subsector of the Bering Sea Controls, and Catch-and-Release and Black Sea Bass Fisheries; 2005 and and Aleutian Islands Non-pollock Provision. RIN 0648–AR86 (70 FR 2006 Summer Flounder Specifications; Groundfish Fishery. RIN 0648–AU42 10896, March 7, 2005). NMFS 2005 Scup and Black Sea Bass (71 FR 57696, September 29, 2006). announced the final initial 2004 fishing Specifications. RIN 0648–AR51 (70 FR NMFS issued a final rule implementing year specifications for the Atlantic 303, January 4, 2005). NMFS issued the Bering Sea and Aleutian Islands bluefin tuna fishery to set bluefin tuna final specifications for the 2005 and Catcher Processor Capacity Reduction quotas for each of the established 2006 summer flounder fisheries and for Program for the longline catcher domestic fishing categories, to set the 2005 scup and black sea bass processor subsector of the Bering Sea General category effort controls, and to fisheries, and made preliminary and Aleutian Islands non-pollock establish a catch-and-release provision adjustments to the 2005 commercial groundfish fishery, in compliance with for recreational and commercial bluefin quotas for these fisheries. This final rule the FY 2005 Appropriations Act. This tuna handgear vessels during a specified allowed harvest limits for both program was voluntary and permit respective quota category closure. This commercial and recreational fisheries, holders of the Reduction Fishery action was necessary to implement including scup possession limits. This (Subsector Members) were eligible to recommendations of the International action prohibited federally permitted participate. Subsector Members were Commission for the Conservation of commercial vessels from landing required to sign and abide by the Atlantic Tunas, as required by the summer flounder in Delaware in 2005. Capacity Reduction Agreement and, if Atlantic Tunas Convention Act, and to Regulations governing the summer their offers were selected, a Fishing achieve domestic management flounder fishery required publication of Capacity Reduction Contract with the objectives under the Magnuson-Stevens this notification to advise the State of U.S. Government. These key Act. Delaware, Federal vessel permit holders, components of the Capacity Reduction 19. Atlantic Highly Migratory Species; and Federal dealer permit holders that Plan were prepared by the Freezer Recreational Atlantic Blue and White no commercial quota was available for Longline Conservation Cooperative and Marlin Landings Limit; Amendments to landing summer flounder in Delaware were implemented by the final the FMP for Atlantic Tunas, Swordfish, in 2005. This action also made changes regulations. Subsector Members and Sharks and the FMP for Atlantic to the regulations regarding the participating in the Reduction Program Billfish. RIN 0648–AQ65 (71 FR 58058, commercial scup fishery. The intent of received up to $36 million in exchange October 2, 2006). NMFS finalized the this action was to establish allowed for relinquishing valid non-interim Consolidated Highly Migratory Species 2005 harvest levels and other measures Federal License Limitation Program FMP, which changed certain to attain the target fishing mortality or BSAI groundfish licenses endorsed for management measures, adjusted exploitation rates, as specified for these catcher processor fishing activity, regulatory framework measures, and species in the Summer Flounder, Scup, Catcher/Processor, Pacific cod, and continued the process for updating and Black Sea Bass FMP, and to reduce hook and line gear, as well as any Highly Migratory Species essential fish bycatch and improve the efficiency of present or future claims of eligibility for habitat. The final rule: Established the commercial scup fishery. any fishing privilege based on such mandatory workshops for commercial 21. Fisheries of the Northeastern permit and additionally, any future fishermen and shark dealers; United States; Atlantic Sea Scallop fishing privilege of the vessel named on implemented complementary time/area Fishery and Northeast Multispecies the permit. Individual fishing quota closures in the Gulf of Mexico; Fishery; Framework 16 and Framework shares were excluded from implemented criteria for adding new or 39. RIN 0648–AR55 (70 FR 2821, relinquishment. The intent of this final modifying existing time/area closures; January 18, 2005). NMFS published this rule was to permanently reduce addressed rebuilding and overfishing of final rule to implement measures harvesting capacity in the fishery, northern albacore tuna and finetooth previously approved, but not which should result in increased sharks; implemented recreational implemented under Framework 16 to harvesting productivity for management measures for Atlantic the Atlantic Sea Scallop FMP and postreduction Subsector Members and billfish; modified bluefin tuna General Framework 39 to the Northeast help with conservation and Category subperiod quotas and Multispecies FMP. The implementation management of the fishery. simplified the management process of of these measures was delayed, pending 17. Fisheries of the Exclusive bluefin tuna; changed the fishing year approval of reporting and recordkeeping Economic Zone Off Alaska; Allocating for tunas, swordfish, and billfish to a requirements by the Office of Gulf of Alaska Fishery Resources. RIN calendar year; authorized speargun Management and Budget. This final rule

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allowed general category scallop vessels Reporting Requirements; Regulatory This final rule modified the existing to fish in the Northeast multispecies Amendment to Modify Seafood Dealer annual review and specification process closed area access program, provided Reporting Requirements. RIN 0648– by allowing specifications to be set for that they complied with new AS87 (70 FR 21976, April 28, 2005). up to 3 years at a time, and continued recordkeeping and reporting NMFS issued this final rule to amend the current target total allowable catch. requirements. The Office of the electronic reporting and The purpose of this action is to conserve Management and Budget approved the recordkeeping regulations for federally and manage the red crab resource, reporting and recordkeeping permitted seafood dealers participating reduce the staff resources necessary to requirements for vessels with general in the fisheries associated with the effectively manage this fishery, and category scallop permits, as required following FMPs: Summer flounder, provide consistency and predictability under the Paperwork Reduction Act. scup, black sea bass, Atlantic sea to the industry. The intent of these frameworks was to scallop, Northeast multispecies, 26. Fisheries of the Northeastern allow the scallop fishery to access the monkfish, Atlantic mackerel, squid, United States; Atlantic Sea Scallop scallop resource within portions of the butterfish, Atlantic surfclam, ocean Fishery; Framework Adjustment 17. RIN NE multispecies closed areas during quahog, Atlantic herring, Atlantic deep- 0648–AT10 (70 FR 48860, August 22, specified seasons, and ensure that NE sea red crab, tilefish, Atlantic bluefish, 2005). This final rule implemented multispecies catches by scallop vessels skate, and/or spiny dogfish fisheries. Framework 17 to the Atlantic Sea are consistent with the Multispecies This action reduced the submission Scallop FMP, which was developed and FMP. schedule for dealer reports from daily to submitted by the New England Fishery 22. Magnuson-Stevens Fishery weekly, eliminated duplicate reporting Management Council and approved by Conservation and Management Act of certain species, and clarified existing NMFS. Framework 17 required that Provisions; Fisheries of the Northeastern reporting requirements. This action also vessels issued a general category scallop United States; Monkfish Fishery; allowed vessel operator permits issued permit and that intended to land over 40 Amendment 2. RIN 0648–AQ25 (70 FR by the Southeast Region to satisfy lb (18.14 kg) of shucked, or 5 bu (176.2 21927, April 28, 2005). NMFS Northeast vessel operator permitting L) of in-shell scallops, install and implemented approved measures requirements. The purpose of this action operate vessel monitoring systems. contained in Amendment 2 to the was to reduce the reporting burden on Framework 17 also allowed general Monkfish FMP. Amendment 2 was seafood dealers, improve data quality, category scallop vessels with vessel developed to address essential fish simplify compliance, and clarify monitoring systems units to turn off habitat and bycatch issues, and to revise existing requirements. (powerdown) their vessel monitoring the FMP to address several issues raised 24. Fisheries of the Northeastern systems units after they had offloaded during the public scoping process. This United States; Northeast Multispecies scallops and while they were tied to a rule implemented the following Fishery; Framework Adjustment 40B. fixed dock or mooring. Finally, measures: A new limited access permit RIN 0648–AS33 (70 FR 31323, June 1, Framework 17 revised the broken trip for qualified vessels fishing south of 2005). Framework Adjustment 40B was adjustment provision for limited access 38°20′ N. lat.; an offshore monkfish developed by the New England Fishery scallop vessels fishing in the Sea fishery in the Southern Fishery Management Council to complete Scallop Area Access Program. The Management Area; a maximum roller- necessary modifications to existing intent of this action was to provide more gear disc diameter of 6 inches (15.2 cm) effort control programs implemented complete monitoring of the general for trawl gear vessels fishing in the under Amendment 13 to the Northeast category scallop fleet, to reduce vessel Southern Fishery Management Area; Multispecies FMP. The intent of the rule monitoring systems operating costs, and closure of two deep-sea canyon areas to was to improve the effectiveness of to eliminate a provision that may have all gears when fishing under the these programs, to create additional a negative influence on vessel operator monkfish days-at-sea program; opportunities for commercial fishing decisions at sea and facilitate safety. establishment of a research days-at-sea vessels in the fishery to target healthy 27. Magnuson-Stevens Fishery set-aside program and a days-at-sea groundfish stocks, and to increase the Conservation and Management Act exemption program; a North Atlantic information available to assess Provisions; Fisheries of the Northeastern Fisheries Organization Regulated Area groundfish bycatch in the herring United States; Northeast Multispecies Exemption Program; adjustments to the fishery. This final rule implemented Fishery; Framework Adjustment 41. RIN monkfish incidental catch limits; a several revisions to the Days-at-Sea 0648–AT08 (70 FR 54302, September decrease in the monkfish minimum size Leasing and Transfer Programs, 14, 2005). This final rule implemented in the Southern Fishery Management modified provisions for the Closed Area Framework Adjustment 41 to the Area; removal of the 20-day block II Yellowtail Flounder Special Access Northeast Multispecies FMP, which requirement; and new additions to the Program, revised the allocation criteria expanded participation in the existing list of actions that can be taken under for the Georges Bank Cod Hook Sector, Closed Area I Hook Gear Haddock the framework adjustment process established a Days-at-Sea credit for Special Access Program to all Northeast contained in the FMP. The intent of this vessels standing by an entangled whale, multispecies limited access days-at-sea action was to provide efficient implemented new notification vessels fishing with hook gear. This management of the monkfish fishery requirements for Category 1 herring action also modified some of the and to meet conservation objectives. vessels, and removed the net limit for management measures currently Also, NMFS informed the public of the Trip gillnet vessels. applicable to the Georges Bank Cod approval by the Office of Management 25. Fisheries of the Northeastern Hook Sector vessels when declared into and Budget of the collection-of- United States; Atlantic Deep-Sea Red the CA I Hook Gear Haddock Special information requirements contained in Crab Fishery; Framework Adjustment 1 Access Program by including this final rule and publishes the Office to the Atlantic Deep-Sea Red Crab FMP. modification of the season, haddock of Management and Budget control RIN 0648–AS35 (70 FR 44066, August 1, total allowable catch, and restricting numbers for these collections. 2005). NMFS issued final regulations to vessels to fishing only inside the Special 23. Fisheries of the Northeastern implement Framework Adjustment 1 to Access Program area on trips declared United States; Recordkeeping and the Atlantic Deep-Sea Red Crab FMP. into the Special Access Program. In

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addition, NMFS clarified regulations landing summer flounder in Delaware Bass FMP that allowed regional pertaining to fishing in the Eastern U.S./ in 2006. This action also defined the conservation equivalency in the summer Canada Haddock Special Access total length measurement for black sea flounder recreational fishery. The intent Program Pilot Program Area. This action bass and made changes to the was to provide flexibility and efficiency was intended to mitigate the economic regulations regarding the commercial to the management of the summer and social impacts resulting from black sea bass pot/trap fishery. The flounder recreational fishery, Amendment 13 to the FMP and to meet intent of this action was to establish specifically by expanding the suite of the conservation and management harvest levels and other measures to management tools available when requirements of the Magnuson-Stevens attain the target fishing mortality or conservation equivalency was Act. exploitation rates, as specified for these implemented. In addition, this final rule 28. Fisheries of the Northeastern species in the Summer Flounder, Scup, included three administrative United States; Northeast Multispecies and Black Sea Bass FMP, to reduce modifications to the existing regulations Fishery; Amendment 13 and Framework bycatch, and to improve the efficiency for clarification purposes. Adjustment 40–A. RIN 0648–AS80 (70 of the commercial black sea bass fishery. 33. Fisheries of the Northeastern FR 76422, December 27, 2005). This rule 30. Fisheries of the Northeastern United States; Northeast Multispecies corrected inadvertent errors and United States; Spiny Dogfish; Fishery; Framework Adjustment 43. RIN omissions found in the April 27, 2004, Framework Adjustment 1; Establishing a 0648–AU33 (71 FR 46871, August 15, final rule implementing Amendment 13 Multipleyear Specifications Process. 2006). NMFS implemented Framework and the November 19, 2004, interim RIN 0648–AT29 (71 FR 3016, January Adjustment 43 to the Northeast final rule implementing Framework 19, 2006). NMFS announced the Multispecies FMP, which addressed the Adjustment 40–A to the Northeast implementation of Framework incidental catch of Northeast Multispecies FMP. This rule also Adjustment 1 to the Spiny Dogfish FMP, multispecies by vessels fishing for clarified specific regulations to maintain which allowed the specification of Atlantic herring by establishing a consistency with, and to accurately commercial quotas and other Herring Exempted Fishery. Vessels reflect, the intent of Amendment 13 and management measures for up to 5 years. issued a Category 1 Atlantic herring Framework 40–A to the FMP. Finally, This framework adjustment was fishing permit were authorized to this rule revised the process for intended to improve management of the possess incidentally caught haddock selecting total allowable catch Northeast Atlantic stock of Spiny until the catch of haddock reached the allocations for the U.S./Canada Dogfish. level specified as an incidental haddock Management Areas pursuant to a court 31. Fisheries of the Northeastern catch cap; upon attainment of the order. Amendment 13 was developed to United States; Atlantic Sea Scallop haddock catch cap, all herring vessels end overfishing and rebuild NE Fishery; Framework 18. RIN 0648–AT25 were limited to 2,000 lb (907 kg) of multispecies stocks. Framework 40–A (71 FR 33211, June 8, 2006). This final herring per trip, if any of the herring on was developed to provide additional rule implemented Framework board was caught within the Gulf of opportunities for NE multispecies Adjustment 18 to the Atlantic Sea Maine/Georges Bank Herring Exemption vessels to target healthy stocks in an Scallop FMP, which was developed by Area defined in Framework 43. Herring effort to help achieve optimum yield the New England Fishery Management Category 1 vessels were also authorized from the fishery and to mitigate some of Council. The following management to possess up to 100 pounds (45 kg) of the economic impacts resulting from measures were implemented by this other regulated multispecies (cod, witch effort reductions implemented under rule: Scallop fishery specifications for flounder, plaice, yellowtail flounder, Amendment 13. This action was 2006 and 2007; scallop Area Rotation pollock, winter flounder, windowpane conducted by NMFS under the authority Program adjustments; and revisions to flounder, redfish, and white hake), and of the Magnuson-Stevens Act. management measures that would were required to provide advanced 29. Fisheries of the Northeastern improve administration of the FMP. In notification of their intent to land for United States; Summer Flounder, Scup, addition, a seasonal closure of the purposes of enforcement. Atlantic and Black Sea Bass Fisheries; 2006 Elephant Trunk Access Area was herring processors and dealers that sort Summer Flounder, Scup, and Black Sea implemented to reduce potential herring catches as part of their Bass Specifications; Preliminary 2006 interactions between the scallop fishery operations were required to cull and Quota Adjustments; 2006 Summer and sea turtles, and to reduce finfish report all haddock. Flounder Quota for Delaware. RIN and scallop bycatch mortality. 34. Fisheries of the Northeastern 0648–AT27 (70 FR 77060, December 29, Framework 18 was developed to meet United States; Northeast Multispecies 2005). NMFS issued final specifications the FMP’s requirement to adjust Fishery; Great South Channel Scallop for the 2006 summer flounder, scup, biennially the management measures for Dredge Exemption Area. RIN 0648– and black sea bass fisheries, and made the scallop fishery. The FMP requires AU50 (71 FR 51779, August 31, 2006). preliminary adjustments to the 2006 the biennial adjustments to ensure that NMFS issued this final rule to modify commercial quotas for these fisheries. measures meet the target fishing the regulations implementing the This final rule specified allowed harvest mortality rate and other goals of the Northeast Multispecies FMP to allow limits for both commercial and FMP and achieve optimum yield from vessels issued either a General Category recreational fisheries, including scup the scallop resource on a continuing Atlantic sea scallop permit or a limited possession limits. This action basis. access sea scallop permit, when not prohibited federally permitted 32. Fisheries of the Northeastern fishing under a scallop days-at-sea commercial vessels from landing United States; Summer Flounder, Scup, limitation, to fish for scallops with summer flounder in Delaware in 2006. and Black Sea Bass Fisheries; small dredges (combined width not to Regulations governing the summer Framework Adjustment 6. RIN 0648– exceed 10.5 ft) within the Great South flounder fishery require publication of AT26 (71 FR 42315, July 26, 2006). Channel Scallop Dredge Exemption this notification to advise the State of NMFS issued this final rule to Area. This final rule responded to a Delaware, Federal vessel permit holders, implement measures contained in request from the fishing industry to add and Federal dealer permit holders that Framework Adjustment 6 to the this area to the list of exempted no commercial quota is available for Summer Flounder, Scup, and Black Sea fisheries. The intent of this action was

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to allow small scallop dredge vessels to groundfish and further the goals and not exceed optimum yields; prevent harvest scallops in a manner that is objectives of the Pacific Fishery overfishing; rebuild overfished species; consistent with the bycatch reduction Management Council. and reduce and minimize the incidental objectives of the FMP. 37. Magnuson-Stevens Act Provisions; catch and discard of overfished and 35. Magnuson-Stevens Act Provisions; Fisheries Off West Coast States and in depleted stocks. NMFS was also Fisheries of the Northeastern United the Western Pacific; Pacific Coast revising the 2006 darkblotched rockfish States; Northeast Multispecies Fishery, Groundfish Fishery; Biennial optimum yield, at the request of the Framework Adjustment 42; Monkfish Specifications and Management Pacific Fishery Management Council. Fishery, Framework Adjustment 3. RIN Measures; Correction. RIN 0648–AS27 These actions, which are authorized by 0648–AT24 (71 FR 62156, October 23, (70 FR 22808, May 3, 2005). This final the Pacific Coast Groundfish FMP and 2006). This final rule implemented rule established the 2005 fishery the Magnuson-Stevens Act, were Framework Adjustment 42 to the specifications for Pacific whiting in the intended to allow fisheries to access Northeast Multispecies FMP and U.S. exclusive economic zone and state more abundant groundfish stocks while Framework Adjustment 3 to the waters off the coasts of Washington, protecting overfished and depleted Monkfish FMP. Framework Adjustment Oregon, and California, as authorized by stocks. 42, developed by the New England the Pacific Coast Groundfish FMP. It 40. Fisheries Off West Coast States Fishery Management Council, was a also adjusted the bycatch limits in the and in the Western Pacific; Pacific Coast biennial adjustment to the Northeast whiting fishery. This Federal Register Groundfish Fishery; Limited Entry Multispecies FMP that set forth a document also corrected the final rule Fixed Gear Sablefish Fishery Permit rebuilding program for Georges Bank implementing the specifications and Stacking Program. RIN 0648–AP38 (71 yellowtail flounder and modified management measures, which was FR 10614, March 2, 2006). NMFS Northeast multispecies fishery published December 23, 2004. These implemented portions of Amendment management measures to reduce fishing specifications included the level of the 14 to the Pacific Coast Groundfish FMP. mortality rates on six other groundfish acceptable biological catch, optimum Amendment 14 created a permit stocks in order to maintain compliance yield, tribal allocation, and allocations stacking program for limited entry with the rebuilding programs of the for the non-tribal commercial sectors. permits with sablefish endorsements. FMP. Framework Adjustment 42 also The intended effect of this action was to Amendment 14 was intended to provide modified and continued specific establish allowable harvest levels of greater season flexibility for sablefish measures to mitigate the economic and whiting based on the best available fishery participants and to improve social impacts of Amendment 13 to the scientific information. safety in the primary sablefish fishery. FMP and allowed harvest levels to 38. Magnuson-Stevens Act Provisions; 41. Pacific Halibut Fisheries; Catch approach optimum yield. This final rule Fishing Capacity Reduction Program; Sharing Plan. RIN 0648–AT56 (71 FR also implements the Monkfish FW 3 Pacific Coast Groundfish Fishery; 10850, March 3, 2006). The Assistant provision prohibiting a limited access California, Washington, and Oregon Administrator for Fisheries, on behalf of monkfish days-at-sea vessel that also Fisheries for Coastal Dungeness Crab the International Pacific Halibut possesses a limited access NE and Pink Shrimp; Industry Fee System Commission, published annual multispecies days-at-sea permit from for Fishing Capacity Reduction Loan. management measures promulgated as using a monkfish days-at-sea when RIN 0648–AS38 (70 FR 40225, July 13, regulations by the International Pacific participating in the Regular B days-at- 2005 and 71 FR 27, January 3, 2006). Halibut Commission and approved by sea program. NMFS established regulations to the Secretary of State governing the 36. Pacific Halibut Fisheries; Catch implement an industry fee system for Pacific halibut fishery. The Assistant Sharing Plan; Fisheries Off West Coast repaying a $35,662,471 Federal loan. Administrator for Fisheries also States and in the Western Pacific; The loan financed most of the cost of a announced modifications to the Catch Pacific Coast Groundfish Fishery; fishing capacity reduction program in Sharing Plan for Area 2A and Specifications and Management the Pacific Coast groundfish fishery. The implementing regulations for 2006, and Measures; Inseason Adjustments. RIN industry fee system imposed fees on the announced approval of the Area 2A 0648–AS61 (70 FR 20304, April 19, value of future groundfish landed in the Catch Sharing Plan. These actions were 2005). The Assistant Administrator for trawl portion (excluding whiting intended to enhance the conservation of Fisheries, on behalf of the International catcher-processors) of the Pacific Coast Pacific halibut and further the goals and Pacific Halibut Commission, publishes groundfish fishery. It also imposed fees objectives of the Pacific Fishery annual management measures to govern on coastal Dungeness crab and pink Management Council and the North the Pacific halibut fishery. These shrimp landed in the California, Pacific Fishery Management Council. measures are promulgated as regulations Washington, and Oregon fisheries for 42. Magnuson-Stevens Act Provisions; by the International Pacific Halibut coastal Dungeness crab and pink Fisheries off West Coast States; Pacific Commission and accepted by the shrimp. This action’s intent was to Coast Groundfish Fishery. RIN 0648– Secretary of State. The Assistant implement the industry fee system. AT98 (71 FR 27408, May 11, 2006). Administrator for Fisheries announced 39. Fisheries off West Coast States and NMFS implemented the regulatory modifications to the Catch Sharing Plan in the Western Pacific; Pacific Coast provisions of Amendment 19 to the for Area 2A and implementing Groundfish Fishery; Specifications and Pacific Coast Groundfish FMP. regulations for 2005, and announced Management Measures. RIN 0648–AU00 Amendment 19 provided for a approval of the Area 2A Plan. The (71 FR 8489, February 17, 2006). NMFS comprehensive program to describe and Assistant Administrator for Fisheries implemented revisions to the 2006 protect essential fish habitat for Pacific also announced related changes to commercial and recreational groundfish Coast Groundfish. The management management measures in the fishery management measures for measures to implement Amendment 19, recreational Pacific Coast groundfish groundfish taken in the U.S. exclusive which were authorized by the FMP and fisheries, which are authorized by the economic zone off the coasts of the Magnuson-Stevens Act, were Pacific Coast Groundfish FMP. These Washington, Oregon, and California. intended to minimize, to the extent actions were intended to enhance the Management measures that were new practicable, adverse effects to essential conservation of Pacific halibut and for 2006 were intended to: Achieve but fish habitat from fishing. The measures

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included fishing gear restrictions and overfished and depleted stocks; provide 48. Fisheries Off West Coast States prohibitions, areas that are closed to harvest opportunity for the recreational and in the Western Pacific; Pelagic bottom trawling, and areas that are and commercial fishing sectors; and, Fisheries; Additional Measures to closed to all fishing that contacts the within the commercial fisheries, achieve Reduce the Incidental Catch of Seabirds bottom. harvest guidelines and limited entry and in the Hawaii Pelagic Longline Fishery. 43. Magnuson-Stevens Act Provisions; open access allocations for RIN 0648–AS30 (70 FR 75075, Fisheries Off West Coast States; Pacific nonoverfished species. Together, December 19, 2005). NMFS issued a Coast Groundfish Fishery; Biennial Amendment 16–4 and the 2007–2008 final rule implementing measures to Specifications and Management harvest specifications and management further reduce the incidental catch of Measures; Correction. RIN 0648–AU39 measures were intended to rebuild seabirds in the Hawaii-based longline (71 FR 29257, May 22, 2006). This final overfished stocks as soon as possible, fishery. Depending on the fishing rule established the 2006 fishery taking into account the status and method and area where the vessels specifications for Pacific whiting in the biology of the stocks, the needs of operate, owners and operators of U.S. exclusive economic zone and state fishing communities, and the longline fishing vessels must either waters off the coasts of Washington, interaction of the overfished stocks side-set (deploy longline gear from the Oregon, and California, as authorized by within the marine ecosystem. In side of the vessel rather than from the the Pacific Coast Groundfish FMP. It addition to the management measures stern) or use a combination of other also adjusted the bycatch limits in the implemented specifically for the seabird mitigation measures to prevent whiting fishery. This Federal Register groundfish fisheries, this rule seabirds from being accidentally document also corrected the final rule implemented a new Yelloweye Rockfish hooked, entangled, and killed during implementing the specifications and Conservation Area off Washington State, fishing operations. NMFS also management measures, which was which is closed to commercial salmon announced the availability of the Record published December 23, 2004. These troll fishing to reduce incidental of Decision for the ‘‘Final specifications included the level of the mortality of yelloweye rockfish in the Environmental Impact Statement, acceptable biological catch, optimum salmon troll fishery. Seabird Interaction Avoidance Methods yield, tribal allocation, and allocations 46. Fisheries Off West Coast States under the FMP for Pelagic Fisheries of for the non-tribal commercial sectors. and in the Western Pacific; Western the Western Pacific Region and Pelagic The intended effect of this action was to Pacific Pelagic Fisheries; American Squid Fishery Management under the establish allowable harvest levels of Samoa Longline Limited Entry Program. FMP for Pelagic Fisheries of the Western whiting based on the best available RIN 0648–AQ92 (70 FR 29646, May 24, Pacific Region and the High Seas scientific information. 2005). NMFS issued a final rule to Fishing Compliance Act.’’ The Record of 44. Fisheries Off West Coast States; Decision announced that NMFS selected Pacific Coast Groundfish Fishery; implement Amendment 11 to the FMP for Pelagic Fisheries of the Western the Preferred Alternative, modified Amendment 18. RIN 0648–AU12 (71 FR slightly, to cost-effectively further 66122, November 13, 2006). NMFS Pacific Region, which established a limited entry system for pelagic longline reduce the potentially harmful effects of issued this final rule to implement the Hawaii-based longline fishery on vessels fishing in waters of the U.S. Amendment 18 to the Pacific Coast seabirds. exclusive economic zone around Groundfish FMP. Amendment 18 49. Fisheries in the Western Pacific; responded to a court order by setting the American Samoa. The action was Western Pacific Bottomfish and Pacific Fishery Management Council’s necessary to effectively manage the Seamount Groundfish Fisheries; Guam bycatch minimization policies and pelagics fisheries around American Bottomfish Management Measures. RIN requirements into the FMP. Samoa. This final rule was intended to 0648–AT94 (71 FR 64474, November 2, 45. Magnuson-Stevens Act Provisions; establish management measures that 2006). NMFS issued this final rule to Fisheries off West Coast States; Pacific would stabilize effort in the fishery to implement Amendment 9 to the FMP Coast Groundfish Fishery; Biennial avoid a ‘‘boom and bust’’ cycle of for Bottomfish and Seamount Specifications and Management fishery development that could disrupt Groundfish Fisheries of the Western Measures; Amendment 16–4; Pacific community participation and limit Pacific Region that prohibited large Coast Salmon Fishery. RIN 0648–AU57 opportunity for substantial participation vessels, i.e., those 50 ft (15.2 m) or (71 FR 78638, December 29, 2006). This in the fishery by indigenous islanders. longer, from fishing for bottomfish in final rule implemented Amendment 16– 47. Fisheries Off West Coast States Federal waters within 50 nm (92.6 km) 4 to the Pacific Coast Groundfish FMP and in the Western Pacific; Western around Guam, and established Federal and set the 2007–2008 harvest Pacific Pelagic Fisheries; Sea Turtle permitting and reporting requirements specifications and management Mitigation Measures. RIN 0648–AQ91 for these large bottomfish fishing measures for groundfish taken in the (70 FR 69282, November 15, 2005). vessels. This final rule was intended to U.S. exclusive economic zone off the NMFS issued a final rule to reduce and maintain viable participation and coasts of Washington, Oregon, and mitigate interactions between sea turtles bottomfish catch rates by small vessels California. Amendment 16–4 modified and fisheries managed under the FMP in the fishery, to maintain traditional the FMP to implement revised for the Pelagic Fisheries of the Western patterns of the bottomfish supply to rebuilding plans for seven overfished Pacific Region. This rule included local Guam markets, to provide for the species: Bocaccio, canary rockfish, requirements for attending protected collection of adequate fishery cowcod, darkblotched rockfish, Pacific species workshops, for handling, information for effective management, ocean perch, widow rockfish, and resuscitating, and releasing sea turtles and to reduce the risk of local depletion yelloweye rockfish. Groundfish harvest that are hooked or entangled in fishing of deepwater bottomfish stocks near specifications and management gear, and for fishing gear configuration. Guam. measures for 2007–2008 were intended This action was undertaken in part to 50. Fisheries of the Caribbean, Gulf of to: Achieve but not exceed optimum comply with the terms and conditions Mexico, and South Atlantic; Reef Fish yields; prevent overfishing; rebuild of a 2004 Biological Opinion on impacts Fishery of the Gulf of Mexico; Red overfished species; reduce and on sea turtles by fisheries managed Snapper Rebuilding Plan. RIN 0648– minimize the bycatch and discard of under the FMP. AP02 (70 FR 32266, June 2, 2005).

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NMFS issued this final rule to by capping participation at the current 55. Fisheries of the Caribbean, Gulf of implement Amendment 22 to the FMP level. The final rule also changed the Mexico, and South Atlantic; Shrimp for the Reef Fish Resources of the Gulf fishing year for Atlantic migratory group Fishery Off the Southern Atlantic States; of Mexico prepared by the Gulf of king and Spanish mackerel to March Amendment 6. RIN 0648–AS16 (70 FR Mexico Fishery Management Council. through February. The intended effects 73383, December 12, 2005). NMFS This final rule provided the regulatory of this final rule were to provide issued this final rule to implement authority to implement a mandatory economic and social stability in the Amendment 6 to the FMP for the observer program for selected fishery by preventing speculative entry Shrimp Fishery of the South Atlantic commercial and for-hire vessels in the into the fishery and to mitigate adverse Region, as prepared and submitted by Gulf of Mexico reef fish fishery. In impacts associated with potential quota the South Atlantic Fishery Management addition, consistent with the closures. Council. This final rule required an requirements of the Magnuson-Stevens 53. Fisheries of the Caribbean, Gulf of owner or operator of a trawler that Act, Amendment 22 established a stock Mexico, and South Atlantic; Reef Fish harvests or possesses penaeid shrimp in rebuilding plan, biological reference Fishery of the Gulf of Mexico; Gulf Reef or from the exclusive economic zone off points, and stock status determination Fish Limited Access System. RIN 0648– the southern Atlantic states to obtain a criteria for red snapper in the Gulf of AS69 (70 FR 41161, July 18, 2005). commercial vessel permit for South Mexico. The intended effect of this final NMFS issued this final rule to Atlantic penaeid shrimp; required an rule was to contribute to ending implement Amendment 24 to the FMP owner or operator of a vessel in the overfishing and rebuilding the red for the Reef Fish Resources of the Gulf South Atlantic rock shrimp or penaeid snapper resource. Finally, NMFS of Mexico prepared by the Gulf of shrimp fishery to submit catch and informed the public of the approval by Mexico Fishery Management Council. effort reports and to carry an observer the Office of Management and Budget of This final rule established a limited on selected trips; and required bycatch the collection-of-information access system for the commercial reef reduction devices in nets in the rock requirements contained in this final rule fish fishery in the Gulf of Mexico by shrimp fishery. Amendment 6 also and published the Office of capping participation at the current established stock status determination Management and Budget control level. The intended effect of this final criteria for South Atlantic penaeid numbers for those collections. rule was to provide economic and social shrimp; revised the specifications of 51. Fisheries of the Caribbean, Gulf of stability in the fishery by preventing maximum sustainable yield and Mexico, and South Atlantic; Reef Fish speculative entry into the fishery. optimum yield for South Atlantic rock Fishery of the Gulf of Mexico; Vermilion shrimp; revised the stock status Snapper Rebuilding Plan. RIN 0648– 54. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; determination criteria for South Atlantic AS19 (70 FR 33385, June 8, 2005). rock shrimp; revised the bycatch NMFS issued this final rule to Comprehensive Amendment to the FMPs of the U.S. Caribbean. RIN 0648– reduction criterion for the certification implement Amendment 23 to the FMP of bycatch reduction devices; and for the Reef Fish Resources of the Gulf AP51 (70 FR 62073, October 28, 2005). NMFS issued this final rule to transfered from the Council to the of Mexico prepared by the Gulf of Regional Administrator, Southeast Mexico Fishery Management Council. implement a comprehensive amendment prepared by the Caribbean Region, responsibilities for the This final rule increased the minimum specification of the protocol for testing size limit for vermilion snapper to 11 Fishery Management Council to amend its Reef Fish, Spiny Lobster, Queen bycatch reduction devices. In addition, inches (28 cm), total length, for the NMFS informed the public of the recreational and commercial sectors; Conch, and Coral FMPs. The approval by the Office of Management established a 10-fish recreational bag comprehensive amendment was and Budget of the collection-of- limit for vermilion snapper within the designed to ensure the FMPs are fully information requirements contained in existing 20-fish aggregate reef fish bag compliant with the provisions of the this final rule and published the Office limit; and closed the commercial Magnuson-Stevens Act. This final rule of Management and Budget control vermilion snapper fishery from April 22 redefined the fishery management units numbers for those collections. The through May 31 each year. In addition, for the FMPs; established seasonal intended effects of this rule were to consistent with the requirements of the closures; imposed gear restrictions and provide additional information for, and Magnuson-Stevens Act, Amendment 23 requirements; revised requirements for improve the effective management of, established a stock rebuilding plan, marking pots and traps; and prohibited biological reference points, and stock the filleting of fish at sea. In addition, the shrimp fisheries off the southern status determination criteria for the comprehensive amendment Atlantic states and to correct and clarify vermilion snapper in the Gulf of established biological reference points the regulations applicable to other Mexico. The intended effect of this final and stock status criteria; established southern Atlantic fisheries. rule was to end overfishing and rebuild rebuilding schedules and strategies to 56. Fisheries of the Caribbean, Gulf of the vermilion snapper resource. end overfishing and rebuild overfished Mexico, and South Atlantic; Gulf of 52. Fisheries of the Caribbean, Gulf of stocks; provided for standardized Mexico Essential Fish Habitat Mexico, and South Atlantic; Coastal collection of bycatch data; minimized Amendment. RIN 0648–AS66 (70 FR Migratory Pelagic Resources of the Gulf bycatch and bycatch mortality to the 76216, December 23, 2005). NMFS of Mexico and South Atlantic; extent practicable; designated essential issued this final rule to implement Amendment 15. RIN 0648–AS53 (70 FR fish habitat and habitat areas of Generic Amendment 3 to the FMPs of 39187, July 7, 2005). NMFS issued this particular concern; and minimized the Gulf of Mexico, which was prepared final rule to implement Amendment 15 adverse impacts on such habitat to the by the Gulf of Mexico Fishery to the FMP for the Coastal Migratory extent practicable. The intended effect Management Council. Generic Pelagic Resources of the Gulf of Mexico of this final rule was to achieve Amendment 3 amended each of the and South Atlantic. This final rule optimum yield in the fisheries and seven Council FMPs (shrimp, red drum, established a limited access system for provide social and economic benefits reef fish, coastal migratory pelagic the commercial fishery for Gulf and associated with maintaining healthy resources, coral and coral reefs, stone Atlantic migratory group king mackerel stocks. crab, and spiny lobster) to describe and

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identify essential fish habitat; minimize Resources of the Gulf of Mexico Management and Budget of the to the extent practicable the adverse prepared by the Gulf of Mexico Fishery collection-of-information requirements effects of fishing on essential fish Management Council. This final rule contained in this final rule and habitat; and encourage conservation and established a recreational bag limit for published the Office of Management management of essential fish habitat. Gulf red grouper of one fish per person and Budget control numbers for those This final rule established additional per day and prohibited the captain and collections. habitat areas of particular concern, crew of a vessel operating as a charter 61. Fisheries of the Caribbean, Gulf of restricted fishing activities within vessel or headboat from retaining any Mexico, and South Atlantic; Snapper- habitat areas of particular concern, and Gulf grouper, i.e., established a zero bag Grouper Fishery Off the Southern required a weak link in bottom trawl limit for captain and crew. The intended Atlantic States; Amendment 13C. RIN gear. The intended effect of this final effect of this final rule was to help 0648–AT75 (71 FR 55096, September rule was to facilitate long-term maintain recreational landings at levels 21, 2006). NMFS issued this final rule protection of essential fish habitat and, consistent with the red grouper to implement Amendment 13C to the thus, better conserve and manage rebuilding plan. FMP for the Snapper-Grouper Fishery of fishery resources in the Gulf of Mexico. 60. Fisheries of the Caribbean, Gulf of the South Atlantic Region, as prepared 57. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish and submitted by the South Atlantic Mexico, and South Atlantic; Gulf of Fishery of the Gulf of Mexico; Fishery Management Council. Mexico Commercial Grouper Fishery; Amendment 18A. RIN 0648–AN09 (71 Amendment 13C established Trip Limit. RIN 0648–AT12 (70 FR FR 45428, August 9, 2006). NMFS management measures to end 77057, December 29, 2005). NMFS issued this final rule to implement overfishing of snowy grouper, golden issued this final rule to implement a Amendment 18A to the FMP for the tilefish, vermilion snapper, and black regulatory amendment to the FMP for Reef Fish Resources of the Gulf of sea bass and measures to allow the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico moderate increases in recreational and Mexico prepared by the Gulf of Mexico Fishery Management Council. This final commercial harvest of red porgy Fishery Management Council. This final rule prohibited vessels from retaining consistent with the rebuilding program rule established a 6,000-lb (2,722-kg) reef fish caught under the recreational for that stock. For the commercial commercial trip limit for shallow-water size and bag/possession limits when fisheries, this final rule established and deep-water grouper, combined, in commercial quantities of Gulf reef fish restrictive quotas for snowy grouper, the exclusive economic zone of the Gulf golden tilefish, vermilion snapper, and of Mexico. The intended effect of this are on board; adjusted the number of final rule was to minimize the effects of persons allowed on board when a vessel black sea bass and, after the quotas are derby fishing and prolong the fishing with both commercial and charter met, prohibited all purchase and sale of season. vessel/headboat reef fish permits and a the applicable species and restricted all 58. Fisheries of the Caribbean, Gulf of U.S. Coast Guard Certificate of harvest and possession to the applicable Mexico, and South Atlantic; Coastal Inspection is fishing commercially; bag limit; established restrictive trip Migratory Pelagic Resources of the Gulf prohibited use of Gulf reef fish, except limits for snowy grouper and golden of Mexico and South Atlantic; Reef Fish sand perch or dwarf sand perch, as bait tilefish; required at least 2-inch (5.1-cm) Fishery of the Gulf of Mexico; Limited in any commercial or recreational mesh in the back panel of black sea bass Access Program for Gulf Charter Vessels fishery in the exclusive economic zone pots; required black sea bass pots to be and Headboats. RIN 0648–AS70 (71 FR of the Gulf of Mexico, with a limited removed from the water after the quota 28282, May 16, 2006). NMFS issued this exception for crustacean trap fisheries; was reached; changed the fishing year final rule to implement Amendment 17 required a NMFS-approved vessel for black sea bass; increased the trip to the FMP for the Coastal Migratory monitoring system on board vessels limit for red porgy; established a red Pelagic Resources of the Gulf of Mexico with Federal commercial permits for porgy quota that would allow a and South Atlantic, and Amendment 25 Gulf reef fish, including charter vessels/ moderate increase in harvest; and, after to the FMP for the Reef Fish Resources headboats with such commercial the red porgy quota was reached, of the Gulf of Mexico prepared by the permits; and required owners and prohibited all purchase and sale, and Gulf of Mexico Fishery Management operators of vessels with Federal restricted all harvest and possession to Council. This final rule established a commercial or charter vessel/headboat the bag limit. For the recreational limited access system for charter vessel/ permits for Gulf reef fish to comply with fisheries, this final rule reduced the bag headboat permits for the reef fish and sea turtle and smalltooth sawfish release limits for snowy grouper, golden coastal migratory pelagic fisheries in the protocols, possess on board specific gear tilefish, and black sea bass; increased exclusive economic zone of the Gulf of to ensure proper release of such species, the minimum size limit for vermilion Mexico. In addition, this final rule and comply with guidelines for proper snapper and black sea bass; changed the incorporated a number of minor care and release of incidentally caught fishing year for black sea bass; and revisions to remove outdated regulatory sawfish and sea turtles. This final rule increased the bag limit for red porgy. text and to clarify regulatory text. The also required annual permit application The intended effects of this final rule intended effect of this final rule was to rather than application every 2 years. In were to eliminate or phase out provide for biological, social, and addition, Amendment 18A revised the overfishing of snowy grouper, golden economic stability in these charter total allowable catch framework tilefish, vermilion snapper, and black vessel/headboat fisheries. procedure to reflect current practices sea bass; and increase red porgy harvest 59. Fisheries of the Caribbean, Gulf of and terminology. The intended effects of consistent with an updated stock Mexico, and South Atlantic; Gulf of this final rule were to improve assessment and rebuilding plan to Mexico Recreational Grouper Fishery enforceability and monitoring in the reef achieve optimum yield. Finally, NMFS Management Measures. RIN 0648–AU04 fish fishery in the Gulf of Mexico and informed the public of the approval by (71 FR 34534, June 15, 2006). NMFS to reduce mortality of incidentally the Office of Management and Budget of issued this final rule to implement the caught sea turtles and smalltooth the collection-of-information bag limit provisions of a regulatory sawfish. Finally, NMFS informed the requirements contained in this final rule amendment to the FMP for the Reef Fish public of approval by the Office of and published the Office of

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Management and Budget control Amendment 26 to the FMP for the Reef final rule to implement the approved numbers for those collections. Fish Fishery of the Gulf of Mexico. portions of the U.S. West Coast Highly 62. Fisheries of the Caribbean, Gulf of Amendment 26 established an Migratory Species FMP, and the Mexico, and South Atlantic; Shrimp individual fishing quota program for the effectiveness of those requirements. On Fishery of the Gulf of Mexico; commercial red snapper sector of the February 4, 2004, NMFS partially Amendment 13. RIN 0648–AS15 (71 FR reef fish fishery in the Gulf of Mexico. approved the HMS FMP, and the final 56039, September 26, 2006). NMFS Initial participants in the individual rule to implement the approved issued this final rule to implement fishing quota program received portions of the HMS FMP was Amendment 13 to the FMP for the percentage shares of the commercial published in the Federal Register on Shrimp Fishery of the Gulf of Mexico, quota of red snapper based on specified April 7, 2004. The HMS FMP final rule as prepared and submitted by the Gulf historical landings criteria. The contained vessel identification of Mexico Fishery Management Council. percentage shares of the commercial requirements subject to the Paperwork This final rule established a 10-year quota equate to annual individual Reduction Act that, at the time of moratorium on issuance of Federal Gulf fishing quota allocations. In addition, publication, were still undergoing Office shrimp vessel permits; required owners NMFS informed the public of the of Management and Budget review. This of vessels fishing for or possessing royal approval by the Office of Management action informed the public of the red shrimp from the Gulf of Mexico and Budget of the collection-of- effective date of the requirement exclusive economic zone to have a royal information requirements contained in approved by Office of Management and red shrimp endorsement; required this final rule and published the Office Budget. Vessel identification owners or operators of all federally of Management and Budget control requirements are necessary for proper permitted Gulf shrimp vessels to report numbers for those collections. The enforcement of the FMP. information on landings and vessel and intended effect of this rule was to 67. Fisheries Off West Coast States; gear characteristics; and required manage the commercial red snapper Coastal Pelagic Species Fisheries; vessels selected by NMFS to carry sector of the reef fish fishery to preserve Amendment 11. RIN 0648–AT11 (71 FR observers and/or install an electronic its long-term economic viability and to 36999, June 29, 2006). NMFS issued this logbook provided by NMFS. In addition, achieve optimum yield from the fishery. final rule to implement Amendment 11 Amendment 13 established biological 65. Fisheries Off West Coast States to the Coastal Pelagic Species FMP, reference points for penaeid shrimp and and in the Western Pacific; Highly which changed the framework for the status determination criteria for royal Migratory Species Fisheries; Data annual apportionment of the Pacific red shrimp. The intended effects of this Collection Requirements for U.S. sardine harvest guideline along the U.S. final rule were to provide essential Commercial and Recreational Charter Pacific coast. The purpose of this final fisheries data, including bycatch data, Fishing Vessels. RIN 0648–AP42 (70 FR rule was to achieve optimal utilization needed to improve management of the 7022, February 10, 2005). NMFS of the Pacific sardine resource and fishery and to control access to the announced approval by the Office of equitable allocation of the harvest fishery. Finally, NMFS informed the Management and Budget of collection- opportunity for Pacific sardine. public of the approval by the Office of of-information requirements pertaining 68. Atlantic Coastal Fisheries Management and Budget of the to permits, logbooks, vessel monitoring Cooperative Management Act collection of information requirements systems, and pre-trip notifications Provisions; American Lobster Fishery. contained in this final rule and contained in the final rule to implement RIN 0648–AP18 (71 FR 13027, March published the Office of Management the approved portions of the U.S. West 14, 2006). NMFS amended regulations and Budget control numbers for those Coast Highly Migratory Species FMP. to modify the management measures collections. The FMP was partially approved on applicable to the Federal American 63. Fisheries of the Caribbean, Gulf of February 4, 2004, and the final rule to lobster (Homarus americanus) fishery. Mexico, and South Atlantic; Gulf of implement the approved portions of the This action was in response to Mexico Recreational Grouper Fishery HMS FMP was published in the Federal recommendations by the Atlantic States Management Measures. RIN 0648–AU04 Register on April 7, 2004. At that time, Marine Fisheries Commission in (71 FR 66878, November 17, 2006). the FMP final rule contained collection- Addenda II and III to Amendment 3 of NMFS issued this final rule to of-information requirements subject to the Interstate FMP for American implement the seasonal closure the Paperwork Reduction Act that were Lobster. The lobster management provisions of a regulatory amendment to undergoing Office of Management and measures were intended to increase the FMP for the Reef Fish Resources of Budget review. The intent of this notice protection to American lobster the Gulf of Mexico prepared by the Gulf was to inform the public of the effective broodstock throughout the stock’s range, of Mexico Fishery Management Council. date of the requirements approved by and applied to lobsters harvested in one This final rule established a seasonal Office of Management and Budget. or more of seven Lobster Conservation closure of the recreational fishery for Reporting requirements of the FMP are Management Areas. In addition, NMFS gag, red grouper, and black grouper in needed to obtain sufficient information clarified existing Federal lobster or from the Gulf exclusive economic for management while minimizing regulations. zone. The intended effect of this final duplication. 69. Taking of Marine Mammals rule was to help maintain recreational 66. Fisheries Off West Coast States Incidental to Commercial Fishing landings at levels consistent with the and in the Western Pacific; Highly Operations; Tuna Purse Seine Vessels in red grouper rebuilding plan while Migratory Species Fisheries; Data the Eastern Tropical Pacific Ocean. RIN minimizing potential shift of fishing Collection Requirements for U.S. 0648–AS05 (70 FR 19004, April 12, effort to associated grouper species. Commercial and Recreational Charter 2005). NMFS issued a final rule to 64. Fisheries of the Caribbean, Gulf of Fishing Vessels. RIN 0648–AT97 (70 FR implement resolutions adopted by the Mexico, and South Atlantic; Reef Fish 67349, November 7, 2005). NMFS Inter-American Tropical Tuna Fishery of the Gulf of Mexico; announced approval by the Office of Commission and by the Parties to the Amendment 26. RIN 0648–AS67 (71 FR Management and Budget of collection- Agreement on the International Dolphin 67447, November 22, 2006). NMFS of-information requirements pertaining Conservation Program. The final rule issued this final rule to implement to vessel identification contained in the prohibited activities that undermine the

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effective implementation and annual costs, including forgone power pound net leaders in the Virginia waters enforcement of the Marine Mammal revenues. While these hydropower of the Chesapeake Bay outside the Protection Act, Dolphin Protection projects were covered by Endangered aforementioned area remained in effect, Consumer Information Act, and Species Act section 7, the conservation this final rule created an exception to International Dolphin Conservation actions that generated these costs were those restrictions by allowing the use of Program Act. imposed by a wide variety of laws. This modified pound net leaders in this area. 70. Endangered and Threatened rule was being issued to meet the This action, taken under the Endangered Species; Designation of Critical Habitat timeline established in litigation Species Act of 1973, responded to new for Seven Evolutionarily Significant between NMFS and Pacific Coast information generated by gear research. Units of Pacific Salmon and Steelhead Federation of Fishermen’s Associations It was intended to conserve sea turtles in California. RIN 0648–AO04 (70 FR (Civ. No. 03–1883). listed as threatened under the 52488, September 2, 2005). NMFS 72. Taking of Marine Mammals Endangered Species Act and to help issued a final rule designating critical Incidental to Commercial Fishing enforce the provisions of the habitat for two Evolutionarily Operations; Bottlenose Dolphin Take Endangered Species Act, including the Significant Units of chinook salmon Reduction Plan Regulations; Sea Turtle provisions against takes of endangered (Oncorhynchus tshawytscha) and five Conservation; Restrictions to Fishing species, while enabling fishermen to use Evolutionarily Significant Units of Activities. RIN 0648–AR39 (71 FR leaders during the regulated period. steelhead (O. mykiss) listed as of the 24776, April 26, 2006). NMFS issued 74. Endangered and Threatened date of this designation under the this final rule to implement regulatory Species; Revision of Critical Habitat for Endangered Species Act of 1973, as and nonregulatory management the Northern Right Whale in the Pacific amended. The specific areas designated measures to reduce the incidental Ocean. RIN 0648–AT84 (71 FR 38277, in the rule text included approximately mortality and serious injury of the July 6, 2006). NMFS issued a final rule 8,935 net mi (14,269 km) of riverine western North Atlantic coastal to revise the current critical habitat for habitat and 470 mi2 (1,212 km2) of bottlenose dolphin stock (Tursiops the northern right whale (Eubalaena estuarine habitat in California. Some of truncatus) in the mid-Atlantic coastal glacialis) by designating additional the areas designated are occupied by gillnet fishery and eight other coastal areas within the North Pacific Ocean. two or more Evolutionarily Significant fisheries operating within the dolphin’s Two specific areas were designated, one Units. The annual net economic impacts distributional range. This final rule also in the Gulf of Alaska and another in the of changes to Federal activities as a revised the large mesh size restriction Bering Sea, comprising a total of result of the critical habitat designations under the mid-Atlantic large mesh approximately 95,200 square kilometers were estimated to be approximately gillnet rule for conservation of (36,750 square miles) of marine habitat. $81,647,439. This rule was issued to endangered and threatened sea turtles to As described in the impacts analysis meet the timeline established in provide consistency among Federal and prepared for this action, we considered litigation between NMFS and Pacific state management measures. The the economic impacts, impacts to Coast Federation of Fishermen’s measures contained in this final rule national security, and other relevant Associations (Civ. No. 03–1883). implemented gillnet effort reduction, impacts and concluded that the benefits 71. Endangered and Threatened gear proximity requirements, gear or of exclusion of any area from the critical Species; Designation of Critical Habitat gear deployment modifications, and habitat designation do not outweigh the for 12 Evolutionarily Significant Units outreach and education measures to benefits of inclusion. This final rule was of West Coast Salmon and Steelhead in reduce dolphin bycatch below the issued to meet the deadline established Washington, Oregon, and Idaho. RIN marine mammal stock’s potential in a remand order of the United States 0648–AQ77 (70 FR 52630, September 2, biological removal level. The rule District Court for the Northern District 2005). NMFS issued a final rule combined two actions under different of California. designating critical habitat for 12 statutory authorities, to: (1) Implement 75. Endangered and Threatened Evolutionarily Significant Units of West the Bottlenose Dolphin Take Reduction Wildlife; Sea Turtle Conservation. RIN Coast salmon (chum, Oncorhynchus Plan under the Marine Mammal 0648–AS92 (71 FR 50361, August 25, keta; sockeye, O. nerka; chinook, O. Protection Act; and (2) amend the 2006). NMFS issued this final rule to tshawytscha; and steelhead, O. mykiss) Endangered Species Act mid-Atlantic require sea turtle conservation measures listed as of the date of this designation large mesh gillnet rule. for all sea scallop dredge vessels fishing under the Endangered Species Act of 73. Sea Turtle Conservation; south of 41°9.0′ N. latitude from May 1 1973, as amended. The specific areas Modification to Fishing Activities. RIN through November 30 each year. All designated in the rule text included 0648–AU10 (71 FR 36024, June 23, vessels with a sea scallop dredge and approximately 20,630 mi (33,201 km) of 2006). NMFS required that any offshore that are required to have a Federal lake, riverine, and estuarine habitat in pound net leader in the Virginia waters Atlantic sea scallop fishery permit, Washington, Oregon, and Idaho, as well of the mainstem Chesapeake Bay, south regardless of dredge size or vessel as approximately 2,312 mi (3,721 km) of of 37°19.0′ N. lat. and west of 76°13.0′ permit category, were required to marine nearshore habitat in Puget W. long., and all waters south of modify their dredge(s) when fishing Sound. Some of the areas designated are 37°13.0′ N. lat. to the Chesapeake Bay south of 41°9.0′ N. latitude, from the occupied by two or more Evolutionarily Bridge Tunnel at the mouth of the shoreline to the outer boundary of the Significant Units. The annual net Chesapeake Bay, and the James and Exclusive Economic Zone. This action economic impacts of changes to Federal York Rivers downstream of the first was necessary to help reduce mortality activities as a result of critical habitat bridge in each tributary, during the and injury to endangered and designation were estimated to be period of May 6 through July 15, meet threatened sea turtles in scallop dredge approximately $201.2 million. Fish and the definition of a modified pound net gear and to conserve sea turtles listed wildlife conservation actions for the leader. Without this final rule, existing under the Endangered Species Act. Any Federal Columbia River Power System regulations would continue to prohibit incidental take of threatened sea turtles and other major hydropower projects in all offshore pound net leaders in that in sea scallop dredge gear in compliance the Pacific Northwest were expected to area during that time frame. While with this gear modification requirement generate another $500–700 million in restrictions promulgated in 2004 on and all other applicable requirements

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was exempted on the Endangered habitat for them. Three specific areas biological report, and Endangered Species Act’s prohibition against takes. were designated, (1) the Summer Core Species Act report were available for 76. Endangered and Threatened Area in Haro Strait and waters around comment along with the proposed rule. Species; Designation of Critical Habitat the San Juan Islands; (2) Puget Sound; The supporting documents were for Southern Resident Killer Whale. RIN and (3) the Strait of Juan de Fuca, which finalized in support of the final critical 0648–AU38 (71 FR 69054, November comprise approximately 2,560 square habitat designation. 29, 2006). NMFS issued a final rule miles (6,630 sq km) of marine habitat. Dated: June 14, 2013. designating critical habitat for the We considered the economic impacts Alan D. Risenhoover, Southern Resident killer whale (Orcinus and impacts to national security, and Director, Office of Sustainable Fisheries, orca) distinct population segment. concluded the benefits of exclusion of performing the functions and duties of the Under the Endangered Species Act, we 18 military sites, comprising Deputy Assistant Administrator for are responsible for determining whether approximately 112 square miles (291 sq Regulatory Programs, National Marine certain species, subspecies, or distinct km), outweighed the benefits of Fisheries Service. population segments are threatened or inclusion because of national security [FR Doc. 2013–14759 Filed 6–19–13; 8:45 am] endangered, and designating critical impacts. An economic analysis, BILLING CODE 3510–22–P

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Notices Federal Register Vol. 78, No. 119

Thursday, June 20, 2013

This section of the FEDERAL REGISTER number and the agency informs through the use of approved building contains documents other than rules or potential persons who are to respond to codes aimed at providing seismic safety. proposed rules that are applicable to the the collection of information that such public. Notices of hearings and investigations, Description of Respondents: Not-for- persons are not required to respond to profit institutions; Business or other for- committee meetings, agency decisions and the collection of information unless it rulings, delegations of authority, filing of profit. displays a currently valid OMB control petitions and applications and agency Number of Respondents: 192. statements of organization and functions are number. examples of documents appearing in this Rural Utility Service Frequency of Responses: Reporting: section. On occasion. Title: Seismic Safety of New Building Total Burden Hours: 144. Construction, 7 CFR 1792, Subpart C. DEPARTMENT OF AGRICULTURE OMB Control Number: 0572–0099. Rural Utilities Service Summary of Collection: Seismic Submission for OMB Review; hazards present a serious threat to Title: 7 CFR 1778, Emergency and Comment Request people and their surroundings. These Imminent Community Water Assistance Grants. June 14, 2013. hazards exist in most of the United The Department of Agriculture has States, not just on the West Coast. Omb Control Number: 0572–0110. Unlike hurricanes, times and location of submitted the following information Summary of Collection: The Rural earthquakes cannot be predicted; most collection requirement(s) to Office of Utilities Service (RUS) is authorized Management and Budget (OMB) for earthquakes strike without warning and, if of substantial strength, strike with under Section 306A of the Consolidated review and clearance under the Farm and rural Development Act, (7 Paperwork Reduction Act of 1995, great destructive forces. To reduce risks to life and property from earthquakes, U.S.C. 1926(a) to provide grants to rural Public Law 104–13. Comments areas and small communities to secure regarding (a) whether the collection of Congress enacted the Earthquake Hazards Reduction Act of 1977 (Pub. L. adequate quantities of safe water. There information is necessary for the proper are two levels of grant limits—$500,000 performance of the functions of the 95–124, 42 U.S.C. 7701 et seq,) and and $150,000. Grants made under this agency, including whether the directed the establishment and program shall be made for 100 percent information will have practical utility; maintenance of an effective earthquake (b) the accuracy of the agency’s estimate reduction program. As a result, the of the project’s cost, can serve rural of burden including the validity of the National Earthquake Hazards Reduction areas with population not in excess of methodology and assumptions used; (c) Program (NEHRP) was established. The 5,000, and household income should ways to enhance the quality, utility and objectives of the NEHRP include the not exceed 100 percent of a State’s non- clarity of the information to be development of technologically and metropolitan median household collected; (d) ways to minimize the economically feasible design and income. Grants under this program may burden of the collection of information construction methods to make both new be made to public bodies and private on those who are to respond, including and existing structures earthquake nonprofit corporations serving rural through the use of appropriate resistant, and the development and areas. automated, electronic, mechanical, or promotion of model building codes. 7 Need and Use of the Information: other technological collection CFR Part 1792, subpart C, identifies RUS will collect the information from acceptable seismic standards which techniques or other forms of information applicants applying for grants under 7 must be employed in new building technology should be addressed to: Desk CFR 1778. The information is unique to construction funded by loans, grants, or Officer for Agriculture, Office of each borrower and emergency situation. guarantees made by the Rural Utility Information and Regulatory Affairs, Applicants must demonstrate that there Office of Management and Budget, New Service (RUS) or the Rural Telephone is an imminent emergency or that a Executive Office Building, 725—17th Bank (RTB) or through lien decline occurred within 2 years of the Street NW., Washington, DC 20502. accommodations or subordinations date the application was filed with Commenters are encouraged to submit approved by RUS or RTB. their comments to OMB via email to: Need and Use of the Information: Rural Development. [email protected] or Borrowers and grant recipients must Description of Respondents: State, fax (202) 395–5806 and to Departmental provide to RUS a written Local or Tribal Government; Not-for- Clearance Office, USDA, OCIO, Mail acknowledgment from a registered profit institutions. Stop 7602, Washington, DC 20250– architect or engineer responsible for the Number of Respondents: 100. 7602. Comments regarding these design of each applicable building information collections are best assured stating that the seismic provisions to 7 Frequency of Responses: Reporting: of having their full effect if received CFR Part 1792, Subpart C will be used On occasion. within 30 days of this notification. in the design of the building. RUS will Total Burden Hours: 400. Copies of the submission(s) may be use this information to: (1) Clarify and obtained by calling (202) 720–8681. inform the applicable borrowers and Charlene Parker, An agency may not conduct or grant recipients about seismic safety Departmental Information Collection sponsor a collection of information requirements; (2) improve the Clearance Officer. unless the collection of information effectiveness of all RUS programs; and [FR Doc. 2013–14668 Filed 6–19–13; 8:45 am] displays a currently valid OMB control (3) reduce the risk to life and property BILLING CODE 3410–15–P

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DEPARTMENT OF AGRICULTURE Section 44 of the Act, ‘‘Public Interest 30, 2016. Selected nominees would in Wide Usage’’ (7 U.S.C. 2404). replace three producer and three Agricultural Marketing Service The purpose of the meeting will be to industry representatives who currently introduce the topics of the PVP Office’s serve on the Board and have terms of [Document No. AMS–ST–13–0019] 2013 achievements, ongoing process office that end June 30, 2013. Also, one improvements, plans for electronic individual would fill a currently vacant Plant Variety Protection Board; Open applications/database conversion, and industry position for a term of office Teleconference Meeting concepts on using molecular techniques ending June 30, 2015. The Board for PVP distinctness characterization. AGENCY: Agricultural Marketing Service, consists of 18 members representing USDA. The proposed agenda for the PVP Board producers and the industry. USDA meeting will include a welcome by values diversity. In an effort to obtain ACTION: Notice of meeting. Department officials followed by a diversity among candidates, USDA SUMMARY: This notice is intended to discussion focusing on program encourages the nomination of men and notify the public of their opportunity to activities that encourage the women of all racial and ethnic groups attend an open meeting of the Plant development of new plant varieties and and persons with a disability. Variety Protection Board. appeals to the Secretary. The agenda DATES: Written nominations must be will also include presentations on the received on or before July 22, 2013. DATES: July 31, 2013 2:00 p.m. to 4:00 PVP Process Improvement, electronic ADDRESSES: Nominations should be sent p.m., open to the public. PVP application/computer database to Jennie M. Varela, Marketing Order ADDRESSES: The meeting will be held at development, and the use of molecular and Agreement Division, Fruit and the United States Department of markers for PVP applications. Agriculture, Room 4530, South The meeting will be open to the Vegetable Program, AMS, USDA, 799 Building, 1400 Independence Avenue public. Those wishing to attend or Overlook Drive, Suite A, Winter Haven, SW., Washington, DC 20250. phone into the meeting are encouraged FL 33884: Telephone: (863) 324–3375; to pre-register by July 24, 2013 with the Fax: (863) 325–8793; Email: FOR FURTHER INFORMATION CONTACT: Ms. [email protected]. Jennifer Banks, Plant Variety Protection person listed under FOR FURTHER Office, Science and Technology INFORMATION CONTACT. If you require SUPPLEMENTARY INFORMATION: Section Programs, Agricultural Marketing accommodations, such as sign language 1308 of the 2002 Farm Bill requires the Service, United States Department of interpreter, please contact the person Secretary of Agriculture to establish and Agriculture, 1400 Independence, listed under FOR FURTHER INFORMATION consult with the Board for the purpose Avenue SW., Washington, DC 20250. CONTACT. Minutes of the meeting will be of advising the Secretary regarding the Telephone number (202) 260–8983, fax available for public review 30 days establishment of quality and handling (202) 260–8976, or email: following the meeting at the address standards for all domestic and imported [email protected]. listed under FOR FURTHER INFORMATION peanuts marketed in the United States. CONTACT. The minutes will also be The 2002 Farm Bill provides that the SUPPLEMENTARY INFORMATION: Pursuant posted on the Internet Web site http:// Board’s makeup will include three to the provisions of section 10(a) of the www.ams.usda.gov/PVPO. producers and three peanut industry Federal Advisory Committee Act (5 representatives from States specified in Dated: June 14, 2013. U.S.C., Appendix 2), this notice is given each of the following producing regions: Rex A. Barnes, regarding an upcoming Plant Variety Southeast (Alabama, Georgia, and Protection (PVP) Board meeting. The Associate Administrator, Agricultural Florida); Southwest (Texas, Oklahoma, Marketing Service. Plant Variety Protection Act (PVPA) (7 and New Mexico); and Virginia/Carolina U.S.C. 2321 et seq.) provides legal [FR Doc. 2013–14713 Filed 6–19–13; 8:45 am] (Virginia and North Carolina). protection in the form of intellectual BILLING CODE 3410–02–P The term ‘‘peanut industry property rights to developers of new representatives’’ includes, but is not varieties of plants, which are limited to, representatives of shellers, DEPARTMENT OF AGRICULTURE reproduced sexually by seed or are manufacturers, buying points, and tuber-propagated. A Certificate of Plant Agricultural Marketing Service marketing associations and marketing Variety Protection is awarded to an cooperatives. The 2002 Farm Bill owner of a crop variety after an [Doc. No. AMS–FV–13–0035; FV13–996–1] exempted the appointment of the Board examination shows that it is new, from the requirements of the Federal Peanut Standards Board distinct from other varieties, genetically Advisory Committee Act. uniform and stable through successive AGENCY: Agricultural Marketing Service, USDA invites individuals, generations. The term of protection is 20 USDA. organizations, and groups affiliated with years for most crops and 25 years for ACTION: Notice; request for nominations. the categories listed above to nominate trees, shrubs, and vines. The PVPA also individuals for membership on the provides for a statutory Board (7 U.S.C. SUMMARY: The Farm Security and Rural Board. Nominees sought by this action 2327). The duties of the Board are to: (1) Investment Act of 2002 (2002 Farm Bill) would fill two positions in the Advise the Secretary concerning the requires the Secretary of Agriculture to Southeast region; three positions in the adoption of rules and regulations to establish a Peanut Standards Board Southwest region, one of which is facilitate the proper administration of (Board) for the purpose of advising the currently vacant; and two positions in the Act; (2) provide advisory counsel to Secretary on quality and handling the Virginia/North Carolina region. the Secretary on appeals concerning standards for domestically produced Nominees should complete a Peanut decisions on applications by the PVP and imported peanuts. The initial Board Standards Board Background Office and on requests for emergency was appointed by the Secretary and Information form and submit it to Jennie public-interest compulsory licenses; and announced on December 5, 2002. USDA Varela at the address provided in the (3) advise the Secretary on any other seeks nominations for individuals to be ‘‘Addresses’’ section above. Copies of matters under the Regulations and Rules considered for selection as Board this form may be obtained at the of Practice and on all questions under members for terms of office ending June Internet site www.ams.usda.gov/

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PeanutStandardsBoard, or from Jennie DATES: Effective Date: June 20, 2013. determination of nonregulated status for Varela. USDA seeks a diverse group of ADDRESSES: Supporting documents, maize (Zea mays) designated as maize members representing the peanut comments we received on our previous event DP–;;4114–3 (event 4114), industry. notice announcing our preliminary which has been genetically engineered Equal opportunity practices will be determination, and our responses to to be resistant to certain lepidopteran followed in all appointments to the those comments may be viewed at pests, including European corn borer Board in accordance with USDA http://www.regulations.gov/ (Ostrinia nubilalis), and certain policies. To ensure that the #!docketDetail;D=APHIS-2012-0026 or coleopteran pests, including western recommendations of the Board have in our reading room, which is located in corn rootworm (Diabrotica virgifera taken into account the needs of the room 1141 of the USDA South Building, virgifera), as well as to the herbicide diverse groups within the peanut 14th Street and Independence Avenue glufosinate. The petition stated that this industry, membership shall include, to SW., Washington, DC. Normal reading maize is unlikely to pose a plant pest the extent practicable, individuals with room hours are 8 a.m. to 4:30 p.m., risk and, therefore, should not be a demonstrated abilities to represent Monday through Friday, except regulated article under APHIS’ minorities, women, persons with holidays. To be sure someone is there to regulations in 7 CFR part 340. disabilities, and limited resource help you, please call (202) 799–7039 In a notice 1 published in the Federal agriculture producers. before coming. Supporting documents Register on February 27, 2013 (78 FR Authority: 7 U.S.C. 7958. are also available on the APHIS Web site 13312–13313, Docket No. APHIS–2012– at http://www.aphis.usda.gov/ 0026), APHIS announced the Dated: June 14, 2013. biotechnology/petitions/ availability of the Pioneer petition, a Rex A. Barnes, _table_pending.shtml under APHIS plant pest risk assessment (PPRA), and Associate Administrator, Agricultural petition Number 11–244–01p. a draft environmental assessment (EA) Marketing Service. FOR FURTHER INFORMATION CONTACT: Dr. for public comment. APHIS solicited [FR Doc. 2013–14714 Filed 6–19–13; 8:45 am] Rebecca Stankiewicz Gabel, Chief, comments on the petition, whether the BILLING CODE 3410–02–P Environmental Risk Analysis Programs, subject maize is likely to pose a plant Biotechnology Regulatory Services, pest risk, the draft EA, and the PPRA for 60 days ending on April 29, 2013. DEPARTMENT OF AGRICULTURE APHIS, 4700 River Road Unit 147, Riverdale, MD 20737–1236; (301) 851– APHIS received 12 comments during the comment period: Several of these Animal and Plant Health Inspection 3927, email: rebecca.l.stankiewicz- comments included electronic Service [email protected]. To obtain copies of the documents referred to in this attachments consisting of a consolidated [Docket No. APHIS–2012–0026] notice, contact Ms. Cindy Eck at (301) document of identical letters for a total 851–3892, email: of 573 comments. Issues raised during Pioneer Hi-Bred International, Inc.; [email protected]. the comment period include potential Determination of Nonregulated Status effects on human and animal health and SUPPLEMENTARY INFORMATION: of Maize Genetically Engineered for non-target organisms, herbicide Herbicide and Insect Resistance Background resistance, corn rootworm resistance, AGENCY: Animal and Plant Health The regulations in 7 CFR part 340, effects of stacked genes, and the length Inspection Service, USDA. ‘‘Introduction of Organisms and of the comment period. APHIS has addressed the issues raised during the ACTION: Notice. Products Altered or Produced Through Genetic Engineering Which Are Plant comment period and has provided SUMMARY: We are advising the public of Pests or Which There Is Reason to responses to comments as an attachment our determination that a maize line Believe Are Plant Pests,’’ regulate, to the finding of no significant impact. developed by Pioneer Hi-Bred among other things, the introduction National Environmental Policy Act International Inc., designated as maize (importation, interstate movement, or To provide the public with event DP–;;4114–3, which has been release into the environment) of documentation of APHIS’ review and genetically engineered to be resistant to organisms and products altered or analysis of any potential environmental certain lepidopteran and coleopteran produced through genetic engineering impacts associated with the pests and to the herbicide glufosinate, is that are plant pests or that there is determination of nonregulated status of no longer considered a regulated article reason to believe are plant pests. Such Pioneer’s maize event 4114, an EA has under our regulations governing the genetically engineered organisms and been prepared. The EA was prepared in introduction of certain genetically products are considered ‘‘regulated accordance with: (1) The National engineered organisms. Our articles.’’ determination is based on our The regulations in § 340.6(a) provide Environmental Policy Act of 1969 evaluation of data submitted by Pioneer that any person may submit a petition (NEPA), as amended (42 U.S.C. 4321 et Hi-Bred International, Inc., in its to the Animal and Plant Health seq.), (2) regulations of the Council on petition for a determination of Inspection Service (APHIS) seeking a Environmental Quality for nonregulated status, our analysis of determination that an article should not implementing the procedural provisions available scientific data, and comments be regulated under 7 CFR part 340. of NEPA (40 CFR parts 1500–1508), (3) received from the public in response to Paragraphs (b) and (c) of § 340.6 USDA regulations implementing NEPA our previous notice announcing the describe the form that a petition for a (7 CFR part 1b), and (4) APHIS’ NEPA availability of the petition for determination of nonregulated status Implementing Procedures (7 CFR part nonregulated status and its associated must take and the information that must 372). Based on our EA, the response to environmental assessment and plant be included in the petition. public comments, and other pertinent pest risk assessment. This notice also APHIS received a petition (APHIS 1 To view the notice, petition, draft EA, the PPRA, announces the availability of our Petition Number 11–244–01p) from and the comments we received, go to http:// written determination and finding of no Pioneer Hi-Bred International, Inc., www.regulations.gov/#!docketDetail;D=APHIS- significant impact. (Pioneer) of Johnston, IA, seeking a 2012-0026.

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scientific data, APHIS has reached a August 26–30, 2013. The Under The CCRVDF is responsible for finding of no significant impact with Secretary for Food Safety and the Food determining priorities for the regard to the preferred alternative and Drug Administration recognize the consideration of residues of veterinary identified in the EA. importance of providing interested drugs in foods, recommending parties the opportunity to obtain maximum levels of such substances; Determination background information on the 21st developing codes of practice as may be Based on APHIS’ analysis of field and Session of CCRVDF, and to address required, and considering methods of laboratory data submitted by Pioneer, items on the agenda. sampling and analysis for the references provided in the petition, DATES: The public meeting is scheduled determination of veterinary drug peer-reviewed publications, information for Monday, August 5, 2013 from 1:00– residues in foods. analyzed in the EA, the PPRA, 4:00 p.m. The Committee is hosted by the comments provided by the public, and ADDRESSES: The public meeting will be United States of America. information provided in APHIS’ held at the Jamie L. Whitten Building, response to those public comments, Issues To Be Discussed at the Public United States Department of APHIS has determined that Pioneer’s Meeting Agriculture, 1400 Independence Ave. maize event 4114 is unlikely to pose a Room 107–A, Washington, DC 20250. The following items on the Agenda plant pest risk and therefore is no longer Documents related to the 21st Session of for the 21st Session of the CCRVDF will subject to our regulations governing the CCRVDF will be accessible via the be discussed during the public meeting: introduction of certain genetically • Matters referred by the Codex World Wide Web at the following engineered organisms. Alimentarius Commission and other address: http:// Copies of the signed determination Codex Committees and Task Forces www.codexalimentarius.org/meetings- document, as well as copies of the • Matters arising from FAO/WHO and reports/en/. petition, PPRA, EA, finding of no from the Joint FAO/WHO Expert Kevin Greenlees, U.S. Delegate to the significant impact, and response to Committee on Food Additives (JECFA) 21st Session of the CCRVDF, invites comments, are available as indicated in • Report on World Organization for U.S. interested parties to submit their the ADDRESSES and FOR FURTHER Animal Health (OIE) activities, comments electronically to the INFORMATION CONTACT sections of this including the harmonization of following email address: notice. technical requirements for registration [email protected]. Authority: 7 U.S.C. 7701–7772 and 7781– Call-In Number: If you wish to of veterinary medicinal products (VICH) • Draft Maximum Residue Limits 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and participate in the public meeting for the (MRLs) for veterinary drugs (at Step 6) 371.3. 21st Session of the CCRVDF by • Proposed draft MRLs for veterinary Done in Washington, DC, this 14th day of conference call, please use the call-in drugs (at Step 4) June 2013. number and participant code listed • Risk Management Kevin Shea, below: Recommendations for Residues of Acting Administrator, Animal and Plant Call-in Number: 1–888–858–2144. Health Inspection Service. Participant code: 6208658. Veterinary Drugs for which no ADI and/ or MRLs has been recommended by [FR Doc. 2013–14705 Filed 6–19–13; 8:45 am] FOR FURTHER INFORMATION ABOUT THE JECFA due to Specific Human Health BILLING CODE 3410–34–P 21ST SESSION OF THE CCRVDF CONTACT: Concerns Kevin Greenlees, Senior Advisor for • Proposed draft guidelines on Science and Policy, Office of New DEPARTMENT OF AGRICULTURE performance characteristics for multi- Animal Drug Evaluation, HFV–100, residue methods Food and Drug Administration, Center Food Safety and Inspection Service • Risk Analysis Policy on for Veterinary Medicine, 7520 Standish Extrapolation of MRLs of Veterinary [Docket No. FSIS–2013–0014] Place, Rockville, MD 20855, Telephone: Drugs to Additional Species and Tissues (240) 276–8214, Fax: (240) 276–9538, • Codex Alimentarius Commission: Proposed ‘‘concern form’’ for the Email: [email protected]. CCRVDF (format and policy procedure Meeting of the Codex Committee on FOR FURTHER INFORMATION ABOUT THE Residues of Veterinary Drugs in Food for its use) PUBLIC MEETING CONTACT: Kenneth • Draft priority list of veterinary AGENCY: Office of the Under Secretary Lowery, U.S. Codex Office, 1400 drugs requiring evaluation or re- for Food Safety, USDA. Independence Ave. SW., Room 4861, evaluation by JECFA ACTION: Notice of public meeting and Washington, DC 20250, Telephone: • Database on countries’ needs for request for comments. (202) 690–4042, Fax: (202) 720–3157, MRLs Email: [email protected]. • Discussion paper on Guidelines on SUMMARY: The Office of the Under SUPPLEMENTARY INFORMATION: the Establishment of MRLs or other Secretary for Food Safety, U.S. Limits in Honey Background Department of Agriculture (USDA), and • Other business and future work the Food and Drug Administration The Codex Alimentarius (Codex) was Each issue listed will be fully (FDA) are sponsoring a public meeting established in 1963 by two United described in documents distributed, or on August 5, 2013. The objective of the Nations organizations, the Food and to be distributed, by the Secretariat prior public meeting is to provide information Agriculture Organization and the World to the Meeting. Members of the public and receive public comments on agenda Health Organization. Through adoption may access or request copies of these items and draft United States positions of food standards, codes of practice, and documents (see ADDRESSES). that will be discussed at the 21st other guidelines developed by its Session of the Codex Committee on committees, and by promoting their Public Meeting Residues of Veterinary Drugs in Foods adoption and implementation by At the August 5, 2013 public meeting, (CCRVDF) of the Codex Alimentarius governments, Codex seeks to protect the draft U.S. positions on the agenda items Commission (Codex), which will be health of consumers and ensure fair will be described and discussed, and held in Minneapolis, Minnesota from practices in the food trade. attendees will have the opportunity to

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pose questions and offer comments. Done at Washington, DC, on: June 14, 2013. Dated: June 13, 2013. Written comments may be offered at the Mary Frances Lowe, Elizabeth Whiteman, meeting or sent to the U.S. Delegate for U.S. Manager for Codex Alimentarius. Acting Executive Secretary. the 21st session of the CCRVDF, Kevin [FR Doc. 2013–14659 Filed 6–19–13; 8:45 am] [FR Doc. 2013–14775 Filed 6–19–13; 8:45 am] ADDRESSES Greenlees (see ). Written BILLING CODE 3510–DS–P comments should state that they relate BILLING CODE 3410–DM–P to activities of the 21st session of the CCRVDF. DEPARTMENT OF COMMERCE Additional Public Notification DEPARTMENT OF COMMERCE Foreign-Trade Zones Board FSIS will announce this notice online through the FSIS Web page located at Foreign-Trade Zones Board [B–20–2013] _ http://www.fsis.usda.gov/regulations & Authorization of Production Activity; _policies/Federal_Register_Notices/ [B–61–2013] Subzone 196A; TTI, Inc. index.asp. (Electromechanical and Circuit FSIS will also make copies of this Foreign-Trade Zone 28—New Bedford, Federal Register publication available Massachusetts, Application for Protection Devices Production/Kitting); through the FSIS Constituent Update, Subzone, Talbots Import, LLC, Fort Worth, Texas which is used to provide information Lakeville, Massachusetts On February 13, 2013, TTI, Inc. regarding FSIS policies, procedures, submitted a notification of proposed regulations, Federal Register notices, An application has been submitted to production activity to the Foreign-Trade FSIS public meetings, and other types of the Foreign-Trade Zones (FTZ) Board Zones (FTZ) Board for its facility within information that could affect or would (the Board) by the City of New Bedford, Subzone 196A, in Fort Worth, Texas. be of interest to constituents and grantee of FTZ 28, requesting special- The notification was processed in stakeholders. The Update is purpose subzone status for the facility of accordance with the regulations of the communicated via Listserv, a free Talbots Import, LLC (Talbots), located in FTZ Board (15 CFR part 400), including electronic mail subscription service for Lakeville, Massachusetts. The notice in the Federal Register inviting industry, trade groups, consumer application was submitted pursuant to public comment (78 FR 15683, 03–12– interest groups, health professionals, the provisions of the Foreign-Trade 2013). The FTZ Board has determined and other individuals who have asked Zones Act, as amended (19 U.S.C. 81a– that no further review of the activity is to be included. The Update is also 81u), and the regulations of the FTZ warranted at this time. The production available on the FSIS Web page. In Board (15 CFR part 400). It was formally activity described in the notification is addition, FSIS offers an electronic mail docketed on June 13, 2013. authorized, subject to the FTZ Act and subscription service which provides The proposed subzone (116 acres) is the Board’s regulations, including automatic and customized access to located at 175–190 Kenneth W. Welch Section 400.14. selected food safety news and Drive, Lakeville, Massachusetts. No information. This service is available at Dated: June 13, 2013. authorization for production activity has Elizabeth Whiteman, http://www.fsis.usda.gov/ been requested at this time. News_&_Events/Email_Subscription/. Acting Executive Secretary. Options range from recalls to export In accordance with the FTZ Board’s [FR Doc. 2013–14774 Filed 6–19–13; 8:45 am] information to regulations, directives, regulations, Kathleen Boyce of the FTZ BILLING CODE 3510–DS–P and notices. Customers can add or Staff is designated examiner to review delete subscriptions themselves, and the application and make have the option to password protect recommendations to the FTZ Board. DEPARTMENT OF COMMERCE their accounts. Public comment is invited from International Trade Administration interested parties. Submissions shall be USDA Nondiscrimination Statement addressed to the FTZ Board’s Executive [A–570–988] The U.S. Department of Agriculture Secretary at the address below. The (USDA) prohibits discrimination in all closing period for their receipt is July Silica Bricks and Shapes From the its programs and activities on the basis 30, 2013. Rebuttal comments in People’s Republic of China: of race, color, national origin, gender, response to material submitted during Preliminary Determination of religion, age, disability, political beliefs, the foregoing period may be submitted Antidumping Duty Investigation and sexual orientation, and marital or family during the subsequent 15-day period to Postponement of Final Determination status. (Not all prohibited bases apply to August 14, 2013. all programs.) AGENCY: Import Administration, Persons with disabilities who require A copy of the application will be International Trade Administration, alternative means for communication of available for public inspection at the Department of Commerce. program information (Braille, large Office of the Executive Secretary, SUMMARY: The Department of Commerce print, audiotape, etc.) should contact Foreign-Trade Zones Board, Room (‘‘Department’’) preliminarily USDA’s Target Center at 202–720–2600 21013, U.S. Department of Commerce, determines that silica bricks and shapes (voice and TTY). 1401 Constitution Avenue NW., from the People’s Republic of China To file a written complaint of Washington, DC 20230–0002, and in the (‘‘PRC’’) are being, or are likely to be, discrimination, write USDA, Office of ‘‘Reading Room’’ section of the FTZ sold in the United States at less than fair the Assistant Secretary for Civil Rights, Board’s Web site, which is accessible value (‘‘LTFV’’), as provided in section 1400 Independence Avenue SW., via www.trade.gov/ftz. 733 of the Tariff Act of 1930, as Washington, DC 20250–9410 or call For further information, contact amended (‘‘the Act’’). The weighted- 202–720–5964 (voice and TTY). USDA Kathleen Boyce at average dumping margins are shown in is an equal opportunity provider and [email protected] (202) 482– the ‘‘Preliminary Determination’’ employer. 1346. section of this notice. We intend to issue

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the final determination within 135 days convenience and customs purposes, the Assistant Secretary for Antidumping after publication of this preliminary written description of the scope of this and Countervailing Duty Operations, to determination in the Federal Register. proceeding is dispositive. Paul Piquado, Assistant Secretary for DATES: Effective Date: June 20, 2013. The scope of this investigation does Import Administration, dated FOR FURTHER INFORMATION CONTACT: not cover refractory bricks and shapes, concurrently with this notice Rebecca Pandolph or Jonathan Hill, AD/ regardless of size, that are made, in part, (‘‘Preliminary Decision Memorandum’’) CVD Operations, Office 4, Import from non-crystalline silica (commonly and hereby adopted by this notice. The Administration, International Trade referred to as fused silica) where the Preliminary Decision Memorandum is a Administration, U.S. Department of silica content is less than 50 percent, by public document and is on file Commerce, 14th Street and Constitution weight, crystalline silica. electronically via Import Avenue NW., Washington, DC 20230; Methodology Administration’s Antidumping and telephone: (202) 482–3627 and (202) Countervailing Duty Centralized 482–3518, respectively. The Department has conducted this Electronic Service System (‘‘IA SUPPLEMENTARY INFORMATION: antidumping duty investigation in ACCESS’’). IA ACCESS is available to accordance with section 731 of the Act. registered users at http:// Scope of the Investigation Export prices have been calculated in iaaccess.trade.gov, and is available to all The products covered by the scope of accordance with section 772 of the Act. parties in the Central Records Unit, this investigation are refractory bricks Because the PRC is a non-market room 7046 of the main Department of and shapes, regardless of size, that economy within the meaning of section Commerce building. In addition, a contain at least 90 percent silica (SiO2) 771(18) of the Act, normal value has complete version of the Preliminary where at least 50 percent of the silica been calculated in accordance with Decision Memorandum can be accessed content, by weight, is crystalline silica, section 773(c) of the Act. Specifically, directly on the Internet at http:// regardless of other materials contained unless specified otherwise, the factors of www.trade.gov/ia/. The signed in the bricks and shapes. Refractory production (‘‘FOPs’’) for the respondent, Preliminary Decision Memorandum and refers to nonmetallic materials having Tianjin New Century Refractories Co., the electronic versions of the those chemical and physical properties Ltd.; Tianjin New World Import & Preliminary Decision Memorandum are that make them applicable for Export Trading Co., Ltd.; and XinYi identical in content. structures, or as components of systems, American Advanced Material Co., Ltd. that are exposed to environments above (collectively, ‘‘New Century Group’’) Combination Rates 1000 degrees Fahrenheit (538 degrees have been valued using data from the Celsius). The products covered by the primary surrogate country, Ukraine, a In the Initiation Notice, the scope of this investigation are currently country comparable economically to the Department stated that it would classified under Harmonized Tariff PRC and a significant producer of calculate combination rates for the Schedule of the United States comparable merchandise. respondents that are eligible for a 1 (‘‘HTSUS’’) numbers 6902.20.1020 and For a full description of the separate rate in this investigation. This 6902.20.5020. Because the definition of methodology underlying our practice is described in Policy Bulletin 2 ‘‘refractory’’ in the HTSUS differs from conclusions, see ‘‘Decision 05.1. that in the scope of this investigation, Memorandum for Preliminary Preliminary Determination products covered by the scope of this Determination of the Antidumping Duty investigation may also enter under Investigation of Silica Bricks and The Department preliminarily HTSUS number 6909.19.5095. Although Shapes from the People’s Republic of determines that the following weighted- the HTSUS numbers are provided for China’’ from Christian Marsh, Deputy average dumping margins exist:

Weighted- average Exporter Producer dumping margin (percent)

Tianjin New Century Refractories Co., Ltd.; Tianjin New World Import & Export Trad- Dengfeng Yuzhong Refractories Co. Ltd ... 84.89 ing Co., Ltd.; and XinYi American Advanced Material Co., Ltd. PRC-wide Entity * ...... 91.16 * The PRC-wide entity includes Shandong Daqiao Co., Ltd.

Disclosure and Public Comment Import Administration via IA ACCESS accompany any briefs submitted to the no later than seven days after the date Department. The executive summary The Department intends to disclose on which the final verification report is should be limited to five pages total, calculations performed for this issued in this proceeding, and rebuttal including footnotes. preliminary determination to the parties briefs, limited to issues raised in case Interested parties, who wish to within five days of the date of briefs, must be submitted via IA request a hearing, or to participate in a publication of this notice in accordance ACCESS no later than five days after the hearing if one is requested, must submit with 19 CFR 351.224(b). Case briefs or deadline for case briefs.3 A table of a written request to the Assistant other written comments may be contents, list of authorities used, and an Secretary for Import Administration, submitted to the Assistant Secretary for executive summary of issues should U.S. Department of Commerce, filed

1 See Silica Bricks and Shapes from the People’s 2 See Import Administration’s Policy Bulletin No. Countries,’’ (April 5, 2005) (‘‘Policy Bulletin 05.1’’), Republic of China: Initiation of Antidumping Duty 05.1, regarding, ‘‘Separate-Rates Practice and available on the Department’s Web site at http:// Investigation, 77 FR 73982, 73986 (December 12, Application of Combination Rates in Antidumping ia.ita.doc.gov/policy/bull05-1.pdf. 2012) (‘‘Initiation Notice’’). Investigations involving Non-Market Economy 3 See 19 CFR 351.309.

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electronically using IA ACCESS. An the Investigation’’ section, entered or the application of the provisional electronically filed hearing request must withdrawn from warehouse, for measures from a four-month period to a be received successfully in its entirety consumption, on or after the date of six-month period. In accordance with by the Department’s electronic records publication of this notice in the Federal section 735(a) of the Act and 19 CFR system, IA ACCESS, by 5:00 p.m. Register. 351.210(b), the Department is granting Eastern Standard Time, within 30 days Pursuant to 19 CFR 351.205(d), the these requests to postpone the final after the date of publication of this Department will instruct CBP to require determination until no later than 135 notice.4 Hearing requests should contain a cash deposit 7 equal to the weighted- days after the publication of this notice the party’s name, address, and average amount by which normal value in the Federal Register because (1) The telephone number, the number of exceeds U.S. price as follows: (1) The preliminary determination is participants in the hearing, and a list of cash deposit rate for the exporter/ affirmative, (2) the requesting exporter the issues to be discussed at the hearing. producer combination listed in the table accounts for a significant proportion of If a request for a hearing is made, the above will be equal to the weighted- exports of the merchandise under Department intends to hold the hearing average dumping margin listed for that consideration, and (3) there are no at the U.S. Department of Commerce, combination in the table; (2) for all other compelling reasons to deny these 14th Street and Constitution Avenue combinations of PRC exporters/ requests. The Department is further NW., Washington, DC 20230, at a time producers of the merchandise under extending the application of the and location to be determined. Parties consideration, the cash deposit rate will provisional measures from a four-month should confirm by telephone the date, be equal to the weighted-average period to a six-month period. time, and location of the hearing, two dumping margin listed in the table This determination is issued and days before the scheduled date. above for the PRC-wide entity; and (3) published in accordance with sections For the final determination in this for all non-PRC exporters of the 733(f) and 777(i)(1) of the Act. investigation, interested parties may merchandise under consideration which submit publicly available information to have not received their own rate, the Dated: June 13, 2013. value the FOPs within 40 days after the cash deposit rate will be the rate Paul Piquado, publication of this preliminary applicable to the PRC exporter/producer Assistant Secretary for Import determination.5 In accordance with 19 combination that supplied that non-PRC Administration. CFR 351.301(c)(1) (2008), for the final exporter. These cash deposit Appendix determination of this investigation, instructions will remain in effect until interested parties may submit factual further notice. List of Topics Discussed in the Preliminary information to rebut, clarify, or correct Decision Memorandum International Trade Commission factual information submitted by any 1. Scope Comments (‘‘ITC’’) Notification other interested party less than ten days 2. Respondent Selection before, on, or after, the applicable In accordance with section 733(f) of 3. Discussion of the Methodology a. Non-Market Economy Country deadline for submission of such factual the Act, we have notified the ITC of our preliminary affirmative determination of b. Surrogate Country information. However, the Department c. Single Entity Treatment notes that 19 CFR 351.301(c)(1) (2008) sales at LTFV. Section 735(b)(2) of the d. Separate Rates permits new information only insofar as Act requires the ITC to make its final e. Application of Facts Available and it rebuts, clarifies, or corrects determination as to whether the Adverse Inferences information recently placed on the domestic industry in the United States f. Date of Sale record. The Department generally will is materially injured, or threatened with g. Fair Value Comparisons not accept the submission of additional, material injury, by reason of imports of h. Factor Valuation Methodology previously absent-from-the-record silica bricks and shapes, or sales (or the i. Currency Conversion 4. Verification alternative surrogate value information likelihood of sales) for importation, of pursuant to 19 CFR 351.301(c)(1) the merchandise under consideration [FR Doc. 2013–14767 Filed 6–19–13; 8:45 am] (2008).6 Additionally, for each piece of within 45 days of our final BILLING CODE 3510–DS–P factual information submitted with determination. surrogate value rebuttal comments, the Postponement of Final Determination DEPARTMENT OF COMMERCE interested party must provide a written and Extension of Provisional Measures explanation of the information that is On June 4, 2013, New Century Group International Trade Administration already on the record of the ongoing requested, pursuant to section [A–570–848] proceeding that the factual information 735(a)(2)(a) of the Act and 19 CFR intends to rebut, clarify, or correct. 351.210(b)(2)(ii), that the Department Freshwater Crawfish Tail Meat From Suspension of Liquidation postpone its final determination to 135 the People’s Republic of China: days after publication of the preliminary Rescission of Antidumping Duty New In accordance with section 733(d) of 8 the Act, the Department will instruct determination. Additionally, New Shipper Review U.S. Customs and Border Protection Century Group requested, pursuant to AGENCY: (‘‘CBP’’) to suspend liquidation of all 19 CFR 351.210(e)(2) and section 733(d) Import Administration, entries of silica bricks and shapes from of the Act, that the Department extend International Trade Administration, the PRC, as described in the ‘‘Scope of Department of Commerce. 7 See Modification of Regulations Regarding the SUMMARY: On April 26, 2013, the Practice of Accepting Bonds During the Provisional 4 See 19 CFR 351.310(c). Measures Period in Antidumping and Department of Commerce (the 5 See 19 CFR 351.301(c)(3)(i) (2008). Countervailing Duty Investigations, 76 FR 61042 Department) initiated the antidumping 6 See Glycine from the People’s Republic of (October 3, 2011). duty new shipper review of freshwater China: Final Results of Antidumping Duty 8 See Letter from New Century Group to Dr. crawfish tail meat from the People’s Administrative Review and Final Rescission, in Rebecca Blank, Acting Secretary of Commerce Part, 72 FR 58809 (October 17, 2007), and regarding, ‘‘Silica Bricks and Shapes from the Republic of China (PRC) with respect to accompanying Issues and Decision Memorandum at People’s Republic of China: Request for Hubei Nature Agriculture Industry Co., Comment 2. Postponement of Final,’’ dated June 4, 2013. Ltd. (Hubei Nature). The period of

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review (POR) of September 1, 2012, expand the POR, and, if so, the length review from Hubei Nature made during through February 28, 2013. For the of such expansion.3 In the majority of the six-month period ending with the reasons stated below, we are rescinding prior cases, the Department extended end of the annual anniversary month of the review of Hubei Nature. the POR no more than approximately 30 this order, pursuant to 19 CFR DATES: Effective Date: June 20, 2013. days in order to capture entries of POR 351.214(d) of the Department’s sales.4 The entry in this case was made FOR FURTHER INFORMATION CONTACT: regulations. Therefore, if Hubei Nature long after the end of the POR.5 Dmitry Vladimirov or Minoo Hatten, continues to meet the criteria for In this case, pursuant to 19 CFR AD/CVD Operations, Office 1, Import requesting a new shipper review, the 351.214(f)(2), we find that an expansion Department will consider initiating a Administration, International Trade of the normal POR to include an entry Administration, U.S. Department of new shipper review with the POR that and sale to an unaffiliated customer in includes the sale which is the subject of Commerce, 14th Street and Constitution the United States of subject Avenue NW., Washington, DC 20230; this review. merchandise would likely prevent the This notice serves as a reminder to telephone: (202) 482–0665 or (202) 482– completion of the review of Hubei parties subject to administrative 1690, respectively. Nature within the time limits set by the protective order (APO) of their SUPPLEMENTARY INFORMATION: Department’s regulations. The responsibility concerning the Background Department would be required to gather disposition of proprietary information additional information for the expanded disclosed under APO in accordance On April 26, 2013, the Department period, analyze the information with 19 CFR 351.305(a)(3). Timely initiated an antidumping duty new obtained, and, if necessary, verify the written notification of the return or shipper review of freshwater crawfish additional information. For example, destruction of APO materials or tail meat from the PRC, for the period the Department would be required to conversion to judicial protective order is September 1, 2012, through February seek all necessary information from 1 hereby requested. Failure to comply 28, 2013, with respect to Hubei Nature. Hubei Nature and its importer(s) in with the regulations and terms of an On May 9, 2013, the Department issued connection with the sales and sales- APO is a sanctionable violation. a letter to Hubei Nature requesting related expenses, as well as obtain the This determination is issued in documentation establishing the date of factors of production data, applicable to accordance with 19 CFR 351.213(d)(4) entry applicable to the U.S. sale and a number of months outside the POR.6 and section 777(i)(1) of the Act. shipment of freshwater crawfish tail Accordingly, we are rescinding the new Dated: June 14, 2013. meat which formed the basis for the shipper review with respect to Hubei initiation of this new shipper review. Nature for the period September 1, Gary Taverman, On May 14, 2013, Hubei Nature 2012, through February 28, 2013. Senior Advisor for Antidumping and provided the requested information. The deadline for requesting a new Countervailing Duty Operations. shipper review covering Hubei’s entry [FR Doc. 2013–14769 Filed 6–19–13; 8:45 am] Rescission of Review has not passed. See 19 CFR 351.214(c). BILLING CODE 3510–DS–P Under 19 CFR 351.214(f)(2) of the The Department will consider a timely Department’s regulations, when the sale and adequate request for new shipper of the subject merchandise occurs DEPARTMENT OF COMMERCE within the POR, but the entry occurs 3 See Final Rule, 62 FR at 27319–20 (‘‘The after the POR, the Department may Department does not disagree with the notion that International Trade Administration expand the POR unless the expansion the Secretary should have the discretion to expand the review period in appropriate cases.’’). Application(s) for Duty-Free Entry of would likely prevent the completion of 4 See, e.g., Chlorinated Isocyanurates From the Scientific Instruments the review within the time limits set by People’s Republic of China: Initiation of New the Department’s regulations. While the Shipper Review, 76 FR 6399 (February 4, 2011) Pursuant to Section 6(c) of the regulations do not provide a definitive (extending the POR by 31 days where the first Educational, Scientific and Cultural shipment entered one day after the end of the POR); date by which the entry must occur, the Fresh Garlic From the People’s Republic of China: Materials Importation Act of 1966 (Pub. preamble to the Department’s Initiation of New Shipper Reviews, 75 FR 38986 L. 89–651, as amended by Pub. L. 106– regulations and 19 CFR 351.214(f)(2)(i) (July 7, 2010) (extending the POR by one month for 36; 80 Stat. 897; 15 CFR part 301), we state that both the entry and the sale a shipment that entered less than one month after invite comments on the question of the end of the POR); Uncovered Innerspring Units should occur during the POR, with the From the People’s Republic of China: Initiation of whether instruments of equivalent language in the preamble clarifying Antidumping Duty New Shipper Review, 75 FR scientific value, for the purposes for further that only under ‘‘appropriate’’ 62107 (October 7, 2010) (extending the POR by four which the instruments shown below are days); Certain Forged Stainless Steel Flanges From intended to be used, are being circumstances should the POR be India: Rescission of New Shipper Review, 66 FR extended when the entry is made after 58433 (November 21, 2001) (rescinding a new manufactured in the United States. the POR.2 shipper review where the entry was made more Comments must comply with 15 CFR While the Department did not adopt than three months after the end of the POR); 301.5(a)(3) and (4) of the regulations and Petroleum Wax Candles from the People’s Republic be postmarked on or before July 10, in the regulations a precise cut-off point of China: Notice of Preliminary Results of for expanding the POR to cover post- Antidumping Duty New Shipper Review of 2013. Address written comments to POR entries, 19 CFR 351.214(f)(2) and Shandong Huihe, Ltd., 69 FR 46512 (August 3, Statutory Import Programs Staff, Room the preamble to the Department’s 2004) (extending the POR by less than one month 3720, U.S. Department of Commerce, ‘‘[b]ecause we determine that this short expansion Washington, DC 20230. Applications regulations leave the Department the of the period will not likely prevent the completion discretion to determine whether to of the review within the prescribed time limits, we may be examined between 8:30 a.m. and have expanded the annual review period’’). 5:00 p.m. at the U.S. Department of 1 See Freshwater Crawfish Tail Meat from the 5 Due to the business proprietary nature of Commerce in Room 3720. People’s Republic of China: Initiation of information regarding the entry date in question, we Docket Number: 13–017. Applicant: Antidumping Duty New Shipper Review, 78 FR are withholding this information. See Hubei Ohio State University, 2041 College 24723 (April 26, 2013). Nature’s letter, dated March 14, 2013. 2 See Antidumping Duties; Countervailing Duties; 6 The Department issued the antidumping duty Road, Columbus, OH 43210. Instrument: Final Rule, 62 FR 27296, 27319 (May 19, 1997) new shipper questionnaire to Hubei Nature on May Cryo-SEM System with Aquilo (‘‘Final Rule’’). 1, 2013. Preparation Chamber. Manufacturer:

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Quorum Technologies, United these magnetic impurities on grapheme, required for these experiments are the Kingdom. Intended Use: The instrument growing grapheme on ferromagnetic split-belt perturbation treadmill, the will be fitted to an existing dual beam materials (cobalt, iron) and measuring virtual reality system, and the data focused ion beam (FIB) instrument in the spin-polarization of grapheme recording systems, as well as the ‘‘D- order to provide a new capability for induced by the ferromagnetic materials, Flow’’ system which allows each 3–D imaging and analysis of polymeric as well measuring the scanning component to communicate with one materials and biomaterials at cryogenic tunneling spectroscopy on topological another. Justification for Duty-Free ¥ temperatures below 109 degrees insulators. The capabilities required for Entry: There are no instruments of the Celsius. The required performance these experiments that this instrument same general category manufactured in fulfills include a high magnetic field of characteristics for this instrument are a the United States. Application accepted 8 Tesla, and measurements at low highly stable, thermally isolated by Commissioner of Customs: May 1, temperature (<5 Kelvin). Justification for nitrogen gas-cooled stage which attaches 2013. to the SEM stage and is capable of Duty-Free Entry: There are no reaching a temperature range of + 100 to instruments of the same general Docket Number: 13–023. Applicant: ¥190 degrees Celsius, a separately category manufactured in the United Max Planck Florida Institute, One Max cooled cold trap with independent States. Application accepted by Planck Way, Jupiter, FL 33458. temperature control capable of reaching Commissioner of Customs: May 1, 2013. Instrument: Quanta 250 FEG SEM temperatures below ¥190 degrees Docket Number: 13–021. Applicant: (D8421). Manufacturer: FEI Company, Celsius, a cryo-preparation, cryo- University of Massachusetts Amherst, Czech Republic. Intended Use: The transfer chamber that is directly 120 Governors Drive, Amherst, MA instrument will be used for the attached to the SEM, but with the 01003. Instrument: Electron Microscope. fabrication of atomic force microscope turbomolecular vacuum pumping and Manufacturer: JEOL Ltd., Japan. cantilevers and electron beam advanced gas cooling system mounted Intended Use: The instrument will be deposition. The cantilevers are made used to identify structure/properties remotely, as well as a high vacuum from silicon or silicon nitride, with the relationships of polymer based solar system consisting of a remotely radius of the tip curvature on the order positioned 70L/s turbomolecular cells or for the structural analysis of polymer/nanoparticle hybrid materials of nanometers. Electron-beam pumping system capable of achieving a deposition is a process of decomposing vacuum of 10¥6 mbar or better in the for the development of high-density storage devices, as well as to study the gaseous molecules by electron beam directly attached cryopreparation, cryo- leading to deposition of non-volatile transfer chamber. The instrument will self-assembly of bio-polymer systems for drug-delivery system development. fragments onto a nearby substrate. The be used for cryo-imaging that will electron beam is usually provided by a provide new insights in the study of Justification for Duty-Free Entry: There scanning electron microscope that biocompatibility and failure of are no instruments of the same general results in high spatial accuracy (less orthopaedic implants, and also the category manufactured in the United evaluation of new materials and implant States. Application accepted by than one nanometer), and the possibility surfaces for tissue engineering Commissioner of Customs: April 3, to produce free-standing, three- applications. The cryo-preparation, 2013. dimensional structures. The cantilevers Docket Number: 13–020. Applicant: cryo-transfer and cryo-imaging are observed by the scanning electron University of Texas at Austin, 2109 San capabilities will enable minimally microscope. The chamber of the Jacinto Blvd.—D3700, Austin, TX invasive approaches to be used to scanning electron microscope is filled 78712–1415. Instrument: V-Gait Dual investigate structures and interfaces in with carbon gases. Then the electron Belt Instrumented Treadmill. from the scanning microscope focuses their near-native vitreous state. Manufacturer: Motek Medial, the on the tip of cantilevers to deposit an Justification for Duty-Free Entry: There Netherlands. Intended Use: The amorphous carbon. The instrument are no instruments of the same general instrument will be used to study how category manufactured in the United needs to work with high beam parking both healthy humans and humans with ∼ States. Application accepted by various walking impairments (old age, precision ( 1 nanometer) in the Commissioner of Customs: April 3, stroke, etc.) maintain balance and environment in which the material 2013. prevent falls while they walk, and how deposition is produced in relatively low Docket Number: 13–019. Applicant: to develop rehabilitation interventions vacuum. Justification for Duty-Free California State University Northridge, that can help reduce risks of falling in Entry: There are no instruments of the 18111 Nordhoff Street, Northridge, CA these individuals. The experiments will same general category manufactured in 91330. Instrument: Ultrahigh Vacuum include asking participants to walk on the United States. Application accepted Low Temperature Scanning Tunneling the treadmill while they are subjected to by Commissioner of Customs: May 16, Microscope. Manufacturer: Unisoku Co., a variety of different types of 2013. Ltd., Japan. Intended Use: The perturbations and manipulations. The Dated: June 14, 2013. instrument will be used to study the instrument’s software will control and electronic and spin-related phenomena coordinate both the treadmill and the Gregory W. Campbell, (Kondo effect, spin flip, spin injection, virtual reality environment to impose Director of Subsidies Enforcement, Import etc.) in low dimensional materials the perturbations and/or other walking Administration. including grapheme (one atomic layer of conditions that are specified. Existing [FR Doc. 2013–14773 Filed 6–19–13; 8:45 am] carbon atoms), magnetic materials devices will be integrated into the BILLING CODE 3510–DS–P (transition metals iron, cobalt, nickel instrument’s virtual reality system to and corresponding phthalocyanine synchronously record information molecules), and topological insulators. regarding how participants move and The techniques to be implemented their muscle activations in response to include depositing magnetic atoms or various manipulations of their walking molecules on grapheme and measuring behavior. The primary individual scanning tunneling spectroscopy of components of this instrument that are

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DEPARTMENT OF COMMERCE 50 CFR 600.745(b) concerning exempted yellowfin, red, tiger, and black groupers fishing. (in Grouper Unit 4)—100 lb (45 kg), National Oceanic and Atmospheric The proposed collection for scientific round weight. Administration research involves activities that would The sampling area would be divided otherwise be prohibited by regulations into quadrats measuring two square RIN 0648–XC549 at 50 CFR part 622, as they pertain to Caribbean reef fish managed by the nautical miles. Each quadrat would be Fisheries of the Caribbean, Gulf of Council and NMFS. The EFP would sampled twice during the period of the Mexico, and South Atlantic; Reef Fish exempt this research activity from EFP. Sampling station and date of Fishery of Puerto Rico and the U.S. Federal regulations at § 622.435(a) sample would be randomly selected and Virgin Islands; Exempted Fishing (Seasonal and area closures), § 622.436 may also vary according to weather and Permit (Size limits), and § 622.437 (Bag limits). sampling logistics. Within each This action involves activities covered sampling quadrat, fishing would be AGENCY: National Marine Fisheries by regulations implementing the Fishery conducted using hook-and-line gear Service (NMFS), National Oceanic and Management Plan for the Reef Fish with fish hooks #06, sinker units Atmospheric Administration (NOAA), Fishery of Puerto Rico and the U.S. Commerce. (weights), and squid as bait. Three lines Virgin Islands (FMP). Specimens would would be used for sampling, with each ACTION: Notice of receipt of an be collected in Federal waters off the line having three hooks. The quadrats application for an exempted fishing west and east coasts of Puerto Rico would be sampled for up to 4 hours permit; request for comments. aboard research vessels owned by the during each trip with each fishing line PR DNER and operated by two SUMMARY: NMFS announces the receipt having a soak time of approximately 10 commercial fishermen under contract to 15 minutes. For each trip, the of an application for an exempted with PR DNER. Each research vessel’s following data would be recorded: Date; fishing permit (EFP) from Puerto Rico’s home port is located in Puerto Rico. time of vessel departure and arrival at Department of Natural and Samples would be collected from the Environmental Resources (PR DNER). If issuance of the EFP through December dock; quadrat code (latitude and granted, the EFP would authorize the PR 31, 2015. longitude); fishing time (soak time) for DNER to harvest reef fish by hook-and- The purpose of the exempted fishing hook-and-line gear to the nearest 15 line gear at 10 stations off the west coast activities is to determine the spatial and minutes; weather conditions; water and 1 station off the east coast of Puerto temporal variations in stock abundance depth; total number of fish caught per Rico in Federal waters. All reef fish of Caribbean reef fish resources off vessel; identification, number, weight, caught during the duration of the EFP, Puerto Rico. Currently, fisheries- length, and reproductive condition of including undersized and seasonally dependent data in the Caribbean are fish; and substrate type (when possible). prohibited reef fish species, would be limited; therefore, additional fisheries- After sampling is complete, the fish retained, except for goliath grouper, independent data are needed to more collected would be donated to the Nassau grouper, and any parrotfish accurately describe the status of the Puerto Rico Zoo to be used as animal species. The purpose of the exempted Caribbean reef fish fishery. Additional feed. fishing activities is to obtain additional life history information would be life history information for the provided to the Council and NMFS to NMFS finds this application warrants Caribbean Fishery Management Council use when making future management further consideration. Possible (Council) and NMFS to use when decisions for Caribbean reef fish. conditions the agency may impose on making future management decisions Samples would be collected from the this permit, if it is indeed granted, for Caribbean reef fish. issuance of the EFP through December include but are not limited to, a DATES: Comments must be received no 31, 2015. prohibition of conducting research later than July 22, 2013. The study would consist of harvesting within marine protected areas or marine ADDRESSES: You may submit comments reef fish at 10 stations off the west coast sanctuaries, without additional on the application, identified by RIN and 1 station off the east coast of Puerto authorization. A report on the research 0648–XC549, by any of the following Rico in Federal waters. The majority of would be due at the end of the methods: sampling would occur in depths to 50 collection period, to be submitted to • Email: [email protected]. fathoms. During sampling trips, the NMFS and reviewed by the Council. survey vessels would be drifting and Include in the subject line of the email A final decision on issuance of the would not be required to anchor. All comment the following document EFP will depend on NMFS’ review of reef fish caught during the duration of identifier: ‘‘PR DNER_EFP 2013’’. public comments received on the • the EFP, including undersized and Mail: Britni Tokotch, Southeast application, consultations with Regional Office, NMFS, 263 13th seasonally prohibited species, would be retained except goliath grouper, Nassau appropriate fishery management Avenue South, St. Petersburg, FL 33701. agencies of the affected states, the The application and related grouper, and any parrotfish species. The EFP would allow the following Council, and the U.S. Coast Guard, as documents are available for review well as a determination that it is upon written request to any of the above estimated number of reef fish to be consistent with all applicable laws. addresses. harvested from Puerto Rico’s Federal waters: Vermilion snapper (in Snapper Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Unit 1)—40 lb, (18 kg), round weight; Britni Tokotch, 727–824–5305; email: gray, lane, mutton, dog, and Dated: June 17, 2013. [email protected]. schoolmaster snappers (in Snapper Unit Kelly Denit, SUPPLEMENTARY INFORMATION: The EFP is 3)—8,030 lb (3,642 kg), round weight; Acting Deputy Director, Office of Sustainable requested under the authority of the yellowtail snapper (in Snapper Unit Fisheries, National Marine Fisheries Service. Magnuson-Stevens Fishery 4)—480 lb (218 kg), round weight; red [FR Doc. 2013–14750 Filed 6–19–13; 8:45 am] Conservation and Management Act (16 hind, coney, and graysby (in Grouper BILLING CODE 3510–22–P U.S.C. 1801 et seq.), and regulations at Unit 3)—240 lb (109 kg), round weight;

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DEPARTMENT OF COMMERCE commercial fishing vessels from fishing during a normal fishing trip. Marketable regulations while participating in the fish would be accounted for by the National Oceanic and Atmospheric EM study and operating under projects dealer and VTR data. Non-marketable Administration managed by the NEFSC. The EFP would catch, including sub-legal sized RIN 0648–XC723 exempt participating vessels from the groundfish, prohibited species, fish for following fish possession regulations: which the vessel does not have a permit Magnuson-Stevens Act Provisions; Minimum fish size restrictions; fish to sell, and fish below market quality General Provisions for Domestic possession limits; prohibited fish would be identified, weighed, and Fisheries; Application for Exempted species (unless otherwise noted), not sampled by FSB staff. FSB staff would including species protected under the Fishing Permit retain any non-marketable catch, which Endangered Species Act (ESA); and could be used for training for observers, AGENCY: National Marine Fisheries gear-specific fish possession Service (NMFS), National Oceanic and restrictions. donation to food shelters, and donation Atmospheric Administration (NOAA), The Fishery Sampling Branch (FSB) to local fishermen for bait. Commerce. of the NEFSC is conducting a multi-year If approved, the applicant may ACTION: Notice; request for comments. study in conjunction with Archipelago request minor modifications and Marine Research, Ltd., to investigate the extensions to the EFP throughout the SUMMARY: The Assistant Regional use of EM technology as a monitoring year. EFP modifications and extensions Administrator for Sustainable Fisheries, tool in the Northeast multispecies may be granted without further notice if Northeast Region, NMFS (Assistant fishery. The technology would be tested they are deemed essential to facilitate Regional Administrator), has made a on three volunteer vessels in the trawl, completion of the proposed research preliminary determination that an longline, and gillnet fisheries, Exempted Fishing Permit (EFP) and have minimal impact that do not representing a range of vessel sizes, to change the scope or impact of the application submitted by the Northeast effectively assess the applicability of the initially approved EFP request. Any Fisheries Science Center contains all of technology in sector-based management. fishing activity conducted outside the the required information and warrants EM technology uses a combination of further consideration. The EFP would passive electronic systems, such as scope of the exempted fishing activity allow participants of an Electronic video cameras, motion sensors, locator would be prohibited. Monitoring (EM) Study to retain all devices, and computers to detect fishing Authority: 16 U.S.C. 1801 et seq. catch brought on board, including sub- events and capture catch handling Dated: June 17, 2013. legal groundfish, prohibited species practices. In this mock full-retention (with some exceptions), and fish that program, the catch would be retained Kelly Denit, would otherwise be discarded. All catch and EM technology would be used to Acting Deputy Director, Office of Sustainable would be sampled at the dock by a monitor and document discard Fisheries, National Marine Fisheries Service. dockside monitor. compliance. Any incidentally caught [FR Doc. 2013–14756 Filed 6–19–13; 8:45 am] Regulations under the Magnuson- marine mammal; seabird; sea turtle; BILLING CODE 3510–22–P Stevens Fishery Conservation and ESA-listed fish; large pelagic fish; Management Act require publication of American lobster; thorny, barndoor, or this notification to provide interested smooth skate; wolffish; or Atlantic DEPARTMENT OF COMMERCE parties the opportunity to comment on halibut would be discarded at sea per EFP applications. normal fishing requirements at National Oceanic and Atmospheric DATES: Comments must be received on designated control points on the vessels, Administration or before July 5, 2013. in full view of a monitoring camera. ADDRESSES: You may submit written Vessel captains would have the RIN 0648–XC564 comments by any of the following discretion to discard at sea large methods: portions of select catch (dogfish and Takes of Marine Mammals Incidental to • Email: [email protected]. Include skates) due to safety concerns; these Specified Activities; Taking Marine in the subject line ‘‘Comments on discard events would be documented. Mammals Incidental to Marine Seismic NEFSC Electronic Monitoring EFP.’’ These exemptions would only apply Survey in the Beaufort Sea, Alaska • Mail: John K. Bullard, Regional to declared multispecies trips that are Administrator, NMFS, NE Regional conducted in coordination with FSB Correction Office, 55 Great Republic Drive, and would include a dockside monitor intercept. The three vessels involved in In notice document 2013–14188 Gloucester, MA 01930. Mark the outside appearing on pages 35851–35874 in the of the envelope ‘‘Comments on NEFSC the EM Study participate in sectors. All issue of Friday, June 14, 2013, make the Electronic Monitoring EFP.’’ catch of stocks allocated to sectors by following correction: • Fax: (978) 281–9135. vessels would be deducted from the sector’s Annual Catch Entitlement FOR FURTHER INFORMATION CONTACT: Liz On page 35851, in the first column, in (ACE) for each Northeast multispecies the second line of the DATES paragraph, Sullivan, Fisheries Management stock. Once a sector’s ACE for a stock Specialist, 978–282–8493, ‘‘July 15, 2013’’ should read ‘‘July 11, has been reached, vessels would no 2013’’. [email protected]. longer be allowed to fish in that stock SUPPLEMENTARY INFORMATION: The area, unless they acquired additional [FR Doc. C1–2013–14188 Filed 6–19–13; 8:45 am] NMFS Northeast Fisheries Science ACE for the limiting stock. BILLING CODE 1505–01–D Center (NEFSC) submitted a complete Dockside monitoring is a necessary application for an EFP on June 4, 2013, component to this monitoring approach to enable data collection activities that to verify catch and Vessel Trip the regulations on commercial fishing Reporting (VTR) data. Dockside would otherwise restrict. The EFP sampling would include collecting would exempt three federally permitted weights for fish that would be discarded

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DEPARTMENT OF COMMERCE Federal Register and that are open for DEPARTMENT OF DEFENSE comment. Submissions filed via the United States Patent and Trademark regulations.gov Web site will be Department of the Navy Office available to the public for review and Notice of Intent To Grant Partially inspection. For this reason, please do [Docket No.: PTO–C–2013–0036] Exclusive Patent License; Jinga-hi, Inc. not include in your comments Request of the United States Patent information of a confidential nature, AGENCY: Department of the Navy, DoD. and Trademark Office for Public such as sensitive personal information ACTION: Notice. Comments: Voluntary Best Practices or proprietary business information. Study SUMMARY: The Department of the Navy If you are unable to provide hereby gives notice of its intent to grant AGENCY: United States Patent and submissions to regulations.gov, you may to Jinga-hi, Inc., a revocable, Trademark Office, Commerce. contact the Office of Chief Economist at nonassignable, partially exclusive ACTION: Notice; request for public [email protected] using license in the United States to practice comments. the subject line ‘‘Voluntary Best the Government-Owned invention Practices Study’’ or (571) 272–6900 to described in U.S. Patent No. 8049486: SUMMARY: Today, the Intellectual arrange for an alternate method of Coupled electric field sensors for DC Property Enforcement Coordinator transmission. target electric field detection. (IPEC) released the Administration’s DATES: Anyone wishing to object to the FOR FURTHER INFORMATION CONTACT: Joint Strategic Plan for Intellectual grant of this license must file written Property Enforcement. The Strategy Saurabh Vishnubhakat, Office of Chief objections along with supporting notes that the Administration Economist at evidence, if any, not later than July 5, encourages the private sector to help [email protected], or 2013. reduce intellectual property (571) 272–6900. ADDRESSES: Written objections are to be infringement that occurs online—such SUPPLEMENTARY INFORMATION: The filed with the Office of Research and as copyright piracy and trademark USPTO invites input from all interested Technology Applications, Space and counterfeiting—by developing and Naval Warfare Systems Center Pacific, implementing cooperative, voluntary parties on the processes, data metrics, and methodologies that could be used to Code 72120, 53560 Hull St., Bldg. A33 initiatives that are practical, effective Room 2531, San Diego, CA 92152–5001. and consistent with due process, free assess the effectiveness of cooperative FOR FURTHER INFORMATION CONTACT: speech, privacy of users and agreements and other voluntary Brian Suh, Office of Research and competition. The Administration initiatives to reduce infringement. The Technology Applications, Space and encourages all participants in such USPTO additionally welcomes input on Naval Warfare Systems Center Pacific, voluntary initiatives to continue the following questions: Code 72120, 53560 Hull St., Bldg. A33 cooperating with all interested 1. How should ‘‘effectiveness’’ of Room 2531, San Diego, CA 92152–5001, stakeholders to ensure that the cooperative voluntary initiatives be telephone 619–553–5118, email: initiatives are as effective and defined? [email protected]. transparent as possible. (The 2013 Joint Strategic Plan for Intellectual Property 2. What type of data would be Authority: 35 U.S.C. 207, 37 CFR part 404. particularly useful for measuring Enforcement is available at http:// Dated: June 13, 2013. effectiveness of voluntary initiatives www.whitehouse.gov/omb/ C.K. Chiappetta, aimed at reducing infringement and intellectualproperty/ipec.) Lieutenant Commander, Office of the Judge Consistent with the Administration’s what would that data show? Advocate General, U.S. Navy, Federal policy of building a data-driven 3. If the data is not readily available, Register Liaison Officer. government, the Strategy stresses the in what ways could it be obtained? [FR Doc. 2013–14692 Filed 6–19–13; 8:45 am] importance of evaluating the 4. Are there particular impediments to BILLING CODE 3810–FF–P effectiveness of the voluntary initiatives measuring effectiveness, at this time or encouraged by the Administration. The in general, and if so, what are they? Strategy also notes that the United DEPARTMENT OF ENERGY States Patent and Trademark Office 5. What mechanisms should be (USPTO) will solicit input from the employed to assist in measuring the Federal Energy Regulatory public and from other parts of the U.S. effectiveness of voluntary initiatives? Commission Government to assist in the evaluation 6. Is there existing data regarding [Project No. 13239–002] of whether such voluntary initiatives efficacy of particular practices, help to reduce infringement. processes or methodologies for Parker Knoll Hydro, LLC; Notice of DATES: To be ensured of consideration, voluntary initiatives, and if so, what is Environmental Site Review written comments must be received on it and what does it show? or before July 22, 2013. Take notice that the following Dated: June 14, 2013. hydroelectric applications have been ADDRESSES: Written comments should Teresa Stanek Rea, filed with Commission and are available be submitted electronically via http:// for public inspection: www.regulations.gov, docket number Acting Under Secretary of Commerce for Intellectual Property and Acting Director of a. Type of Application: New Major PTO–2013–0036. Submissions should License. contain the term ‘‘Voluntary Best the United States Patent and Trademark Office. b. Project No.: 13239. Practices Study.’’ The regulations.gov c. Date filed: November 30, 2011. Web site is a Federal E-Government [FR Doc. 2013–14702 Filed 6–19–13; 8:45 am] d. Applicant: Parker Knoll Hydro, Web site that allows the public to find, BILLING CODE 3510–16–P LLC. review and submit comments on e. Name of Project: Parker Knoll documents that have published in the Pumped Storage Hydroelectric Project.

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f. Location: At Parker Mountain, near related to this or other pending projects. All documents may be filed the Town of Richfield, Piute County, For assistance, contact FERC Online electronically via the Internet. See 18 Utah. The project would occupy 458.7 Support. CFR 385.2001(a)(1)(iii) and the acres of federal land administered by instructions on the Commission’s Web m. Environmental Site Review the U.S. Bureau of Land Management. site at http://www.ferc.gov/docs-filing/ g. Filed Pursuant to: Federal Power The Applicant and FERC staff will efiling.asp. Commenters can submit Act, 16 U.S.C. 791(a)–825(r). conduct a project Environmental Site brief comments up to 6,000 characters, h. Applicant Contact: Justin Barker, Review beginning at 8:00 a.m. on July without prior registration, using the Parker Knoll Hydro, LLC., 975 South 16, 2013. All interested individuals, eComment system at http:// State Highway, Logan, UT 84321; (435) organizations, and agencies are invited www.ferc.gov/docs-filing/ 752–2580. to attend. All participants should meet ecomment.asp. You must include your i. FERC Contact: Matt Buhyoff, at the Richfield City Offices, located at name and contact information at the end [email protected], (202) 502–6824. 255 S 100 E in Richfield, Utah. All of your comments. For assistance, j. This application is not ready for participants are responsible for their please contact FERC Online Support at environmental analysis at this time. own transportation to the site. Four- [email protected] or toll k. The proposed project would be a wheel drive vehicles are recommended. free at 1–866–208–3676, or for TTY, closed-loop pumped storage system, Anyone with questions about the (202) 502–8659. Although the with an initial fill from the existing Environmental Site Review should Commission strongly encourages Otter Creek reservoir. Parker Knoll contact Mr. Justin Barker of Parker Knoll electronic filing, documents may also be would include the following new Hydro, LLC. at 435–752–2580. paper-filed. To paper-file, mail an facilities: (1) An approximately 175-feet- Dated: June 13, 2013. original and seven copies to: Secretary, high upper main dam with a crest Federal Energy Regulatory Commission, Kimberly D. Bose, length of approximately 1,650 feet and 888 First Street NE., Washington, DC one saddle dam; (2) an upper reservoir Secretary. 20426. Please include the project with a storage capacity of approximately [FR Doc. 2013–14735 Filed 6–19–13; 8:45 am] number (P–459–313) on any comments, 6,780 acre-feet and a surface area of BILLING CODE 6717–01–P motions, or recommendations filed. approximately 110 acres; (3) an The Commission’s Rules of Practice approximately 100-feet-high lower dam and Procedure require all intervenors with a crest length of approximately DEPARTMENT OF ENERGY filing documents with the Commission 1,750 feet and two saddle dams; (4) a to serve a copy of that document on lower reservoir with storage capacity of Federal Energy Regulatory each person whose name appears on the approximately 6,760 acre-feet and a Commission official service list for the project. surface area of approximately 130 acres; [Project No. 459–313] Further, if an intervenor files comments (5) a 2,390-feet-long and 27-feet- or documents with the Commission diameter headrace tunnel; (6) a 2,200- Union Electric Company (Ameren relating to the merits of an issue that feet-long and 27-feet-diameter vertical Missouri); Notice of Application may affect the responsibilities of a shaft; (7) a 1,000-feet-long and 27-feet- Accepted for Filing and Soliciting particular resource agency, they must diameter steel-lined penstock tunnel; (8) Comments, Motions To Intervene, and also serve a copy of the document on a 7,126-feet-long and 35-feet-diameter Protests that resource agency. tailrace tunnel; (9) a powerhouse k. Description of Request: As required containing four variable speed, Take notice that the following by the November 10, 2011 Order on reversible pump-turbine units with a hydroelectric application has been filed Rehearing and Amending Shoreline minimum rating of 250 megawatt (MW); with the Commission and is available Management Plan, ordering paragraph (10) an approximately 585-feet by 340- for public inspection: (E)(2), Ameren filed its comprehensive feet substation; (11) a 16-inch diameter a. Application Type: Non-Conforming report describing encroachments and 68,000-feet-long fill pipeline and Structures Report. (privately-built non-conforming system; (12) approximately one mile of b. Project No: 459–313. structures) within the revised project 345-kV transmission line; and (13) c. Date Filed: June 5, 2013, as boundary. These encroachments are appurtenant facilities. The project supplemented June 12, 2013. accessory structures built after March would occupy 458.7 acres of federal d. Applicant: Union Electric Company 28, 2008, such as decks, walkways, land and would have an estimated (Ameren Missouri). gazebos, patios, and boathouses, and do annual generation of 2,630 gigawatt e. Name of Project: Osage not include residential structures. The hours. Hydroelectric Project. report does not include structures built l. A copy of the application is f. Location: The Osage Hydroelectric where owners had the right to construct available for review at the Commission Project is located on the Osage River in them, or those that have been previously in the Public Reference Room or may be Benton, Camden, Miller, and Morgan permitted by Ameren or its viewed on the Commission’s Web site at counties, Missouri. predecessors. The report only addresses http://www.ferc.gov using the g. Filed Pursuant to: Federal Power unpermitted structures built without ‘‘eLibrary’’ link. Enter the docket Act, 16 U.S.C. 791a—825r. authorization from Ameren and without number excluding the last three digits in h. Applicant Contact: Mr. Jeff Green, an appropriate property right. Ameren’s the docket number field to access the Shoreline Supervisor, Ameren Missouri, report indicates that none of the document. For assistance, contact FERC P.O. Box 993, Lake Ozark, MO 65049, encroachments interfere with project Online Support. A copy is also available (573) 365–9214. purposes, and therefore no structures for inspection and reproduction at the i. FERC Contact: Shana High at (202) will need to be removed. address in item h above. 502–8674, or email: l. Locations of the Application: A You may also register online at [email protected]. copy of the application is available for http://www.ferc.gov/docs-filing/ j. Deadline for filing comments, inspection and reproduction at the esubscription.asp to be notified via motions to intervene, and protests: July Commission’s Public Reference Room, email of new filings and issuances 15, 2013. located at 888 First Street NE., Room

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2A, Washington, DC 20426, or by calling DEPARTMENT OF ENERGY Commission strongly encourages (202) 502–8371. This filing may also be electronic filing, documents may also be viewed on the Commission’s Web site at Federal Energy Regulatory paper-filed. To paper-file, mail a copy http://www.ferc.gov using the Commission to: Kimberly D. Bose, Secretary, Federal ‘‘eLibrary’’ link. Enter the docket [Project No. 2195–088] Energy Regulatory Commission, 888 number excluding the last three digits in First Street NE., Washington, DC 20426. the docket number field to access the Portland General Electric Company; Please include the project number (P– document. You may also register online Notice of Application Accepted for 2195–088) on any comments or motions at http://www.ferc.gov/docs-filing/ Filing, Soliciting Motions To Intervene filed. esubscription.asp to be notified via and Protests, Ready for Environmental k. Description of Request: Portland email of new filings and issuances Analysis, and Soliciting Comments, General Electric (licensee) proposes to related to this or other pending projects. Recommendations, Terms and construct, operate and maintain small For assistance, call 1–866–208–3676 or Conditions, and Fishway Prescriptions turbine facilities at four locations: 1) a email [email protected], for powerhouse at the base of Timothy Lake TTY, call (202) 502–8659. A copy is also Take notice that the following Dam housing two approximately 0.85- available for inspection and hydroelectric application has been filed megawatt (MW) turbines, 2) a reproduction at Ameren’s shoreline with the Commission and is available powerhouse at Crack-in-the-Ground office. Agencies may obtain copies of for public inspection: located downstream of Lake Harriet the application directly from the a. Application Type: Non-capacity housing a 1.0-MW turbine, 3) a applicant. amendment of license to install powerhouse housing a 0.135-MW m. Individuals desiring to be included minimum flow turbine generating units. turbine utilizing return flows from the on the Commission’s mailing list should b. Project No.: 2195–088. juvenile downstream migrant collection so indicate by writing to the Secretary c. Date Filed: April 10, 2013. systems and the North Fork fishway of the Commission. d. Applicant: Portland General adult fish trap, and 4) a turbine and an n. Comments, Protests, or Motions to Electric Company. 0.850-MW turbine and induction Intervene: Anyone may submit e. Name of Project: Clackamas River generator utilizing North Fork fishway comments, a protest, or a motion to Hydroelectric Project. attraction flows. The total capacity of intervene in accordance with the f. Location: On the Oak Grove Fork of the 136.645-MW Clackamas River requirements of Rules of Practice and the Clackamas River and the mainstem Hydroelectric Project would increase by Procedure, 18 CFR 385.210, .211, .214, of the Clackamas River in Clackamas approximately 3.8 MW. respectively. In determining the County, Oregon. The project occupies l. Locations of the Application: A appropriate action to take, the federal lands within the Mt. Hood copy of the application is available for Commission will consider all protests or National Forest, under the jurisdiction inspection and reproduction at the other comments filed, but only those of the U.S. Forest Service, and a Commission’s Public Reference Room, who file a motion to intervene in reservation of the U.S. Department of located at 888 First Street NE., Room accordance with the Commission’s Interior’s Bureau of Land Management. 2A, Washington, DC 20426, or by calling Rules may become a party to the g. Filed Pursuant to: Federal Power (202) 502–8371. This filing may also be proceeding. Any comments, protests, or Act, 16 U.S.C. 791a–825r. viewed on the Commission’s Web site at motions to intervene must be received h. Applicant Contact: Julie A. Keil, http://www.ferc.gov/docs-filing/ on or before the specified comment date Director of Hydro Licensing and Water elibrary.asp. Enter the docket number for the particular application. Rights, Portland General Electric excluding the last three digits in the o. Filing and Service of Documents: Company, 121 SW Salmon Street, docket number field to access the Any filing must (1) bear in all capital Portland, OR 97204, (503) 464–8864. document. You may also register online letters the title ‘‘COMMENTS’’, i. FERC Contact: Mark Pawlowski, at http://www.ferc.gov/docs-filing/ ‘‘PROTEST’’, or ‘‘MOTION TO telephone: (202) 502–6052, or email esubscription.asp to be notified via INTERVENE’’ as applicable; (2) set forth address: [email protected]. email of new filings and issuances in the heading the name of the applicant j. Deadline for filing motions to related to this or other pending projects. and the project number of the intervene and protests, comments, For assistance, call 1–866–208–3676 or application to which the filing recommendations, terms and email [email protected], for responds; (3) furnish the name, address, conditions, and fishway prescriptions is TTY, call (202) 502–8659. A copy is also and telephone number of the person 60 days from the issuance date of this available for inspection and commenting, protesting or intervening; notice by the Commission. reproduction at the address in item (h) and (4) otherwise comply with the All documents may be filed above. requirements of 18 CFR 385.2001 electronically via the Internet. See 18 m. Individuals desiring to be included through 385.2005. All comments, CFR 385.2001(a)(1)(iii) and the on the Commission’s mailing list should motions to intervene, or protests must instructions on the Commission’s Web so indicate by writing to the Secretary set forth their evidentiary basis. Any site at http://www.ferc.gov/docs-filing/ of the Commission. filing made by an intervenor must be efiling.asp. Commenters can submit n. Comments, Protests, or Motions to accompanied by proof of service on all brief comments up to 6,000 characters, Intervene: Anyone may submit persons listed in the service list without prior registration, using the comments, a protest, or a motion to prepared by the Commission in this eComment system at http:// intervene in accordance with the proceeding, in accordance with 18 CFR www.ferc.gov/docs-filing/ requirements of Rules of Practice and 385.2010. ecomment.asp. You must include your Procedure, 18 CFR 385.210, .211, .214. name and contact information at the end In determining the appropriate action to Dated: June 13, 2013. of your comments. For assistance, take, the Commission will consider all Kimberly D. Bose, please contact FERC Online Support at protests or other comments filed, but Secretary. [email protected] or toll only those who file a motion to [FR Doc. 2013–14732 Filed 6–19–13; 8:45 am] free at 1–866–208–3676, or for TTY, intervene in accordance with the BILLING CODE 6717–01–P (202) 502–8659. Although the Commission’s Rules may become a

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party to the proceeding. Any comments, Dated: June 13, 2013. issued by July 31, 2013 granting the protests, or motions to intervene must Kimberly D. Bose, requested authorizations. be received on or before the specified Secretary. Any questions regarding the joint comment date for the particular [FR Doc. 2013–14737 Filed 6–19–13; 8:45 am] application should be directed to: application. BILLING CODE 6717–01–P Gearold L. Knowles, Attorney for o. Filing and Service of Responsive Missouri Gas Energy, Schiff Hardin LLP, Documents: All filings must (1) bear in 901 K Street NW., Suite 700, all capital letters the title ‘‘PROTEST’’, DEPARTMENT OF ENERGY Washington, DC 20001, by phone at ‘‘MOTION TO INTERVENE’’, (202) 778–6400, or by email at ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ Federal Energy Regulatory [email protected]; or Mark C. ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Commission Darrell, Senior Vice President, General AND CONDITIONS,’’ or ‘‘FISHWAY [Docket No. CP13–497–000] Counsel and Chief Compliance Officer, PRESCRIPTIONS;’’ (2) set forth in the The Laclede Group, Inc., 720 Olive heading the name of the applicant and Southern Union Company, d/b/a Street, St. Louis, Missouri 63101, by the project number of the application to Missouri Gas Energy; Laclede Gas email at [email protected]. which the filing responds; (3) furnish Company; Notice of Application There are two ways to become the name, address, and telephone involved in the Commission’s review of number of the person protesting or Take notice that on June 12, 2013, this project. First, any person wishing to intervening; and (4) otherwise comply Southern Union Company, d/b/a obtain legal status by becoming a party with the requirements of 18 CFR Missouri Gas Energy (MGE Southern to the proceedings for this project 385.2001 through 385.2005. All Union), 3420 Broadway, Kansas City, should, on or before the comment date comments, recommendations, terms and Missouri 64111, and Laclede Gas stated below, file with the Federal conditions or prescriptions must set Company (Laclede), 720 Olive Street, St. Energy Regulatory Commission, 888 forth their evidentiary basis and Louis, Missouri 63101, jointly filed in First Street NE., Washington, DC 20426, otherwise comply with the requirements Docket No. CP13–497–000 an a motion to intervene in accordance of 18 CFR 4.34(b). All comments, application: (1) Requesting with the requirements of the recommendations, terms and conditions authorization for MGE Southern Union Commission’s Rules of Practice and or prescriptions should relate to project pursuant to section 7(b) of the Natural Procedure (18 CFR 385.214 or 385.211) works which are the subject of the Gas Act (NGA) to abandon by transfer to and the Regulations under the NGA (18 license amendment. Agencies may Laclede its limited jurisdiction CFR 157.10). A person obtaining party obtain copies of the application directly certificate to transport gas on a no-fee status will be placed on the service list from the applicant. A copy of any exchange basis and (2) for Laclede maintained by the Secretary of the protest or motion to intervene must be pursuant to section 7(c) of the NGA to Commission and will receive copies of served upon each representative of the be issued a limited jurisdiction all documents filed by the applicant and applicant specified in the particular certificate for the purpose of by all other parties. A party must submit application. If an intervener files transporting natural gas in the same an original and 7 copies of filings made comments or documents with the manner as MGE Southern Union. In with the Commission and must mail a Commission relating to the merits of an addition, Laclede requests: (1) a copy to the applicant and to every other issue that may affect the responsibilities determination that the limited party in the proceeding. Only parties to of a particular resource agency, they jurisdiction certificate will not affect the the proceeding can ask for court review must also serve a copy of the document non-jurisdictional status of the of Commission orders in the proceeding. on that resource agency. A copy of all remainder of its facilities and operations However, a person does not have to other filings in reference to this and (2) that the Commission waive the intervene in order to have comments application must be accompanied by requirements of Part 154 of the considered. The second way to proof of service on all persons listed in Commission’s Regulations for as long as participate is by filing with the the service list prepared by the no fee is charged by Laclede for the Secretary of the Commission, as soon as Commission in this proceeding, in exchange. possible, an original and two copies of accordance with 18 CFR 4.34(b) and Specifically, MGE Southern Union comments in support of or in opposition 385.2010. and Laclede are public utilities to this project. The Commission will p. As provided for in 18 CFR providing natural gas service in consider these comments in 4.34(b)(5)(i), a license applicant must Missouri. Pursuant to its limited determining the appropriate action to be file, no later than 60 days following the jurisdiction certificate issued on January taken, but the filing of a comment alone date of issuance of this notice of 12, 1994, in Docket No. CP93–750–000, will not serve to make the filer a party acceptance and ready for environmental MGE Southern Union also provides to the proceeding. The Commission’s analysis: (1) A copy of the water quality transportation service on a no-fee rules require that persons filing certification; (2) a copy of the request for exchange basis through its Missouri comments in opposition to the project certification, including proof of the date facilities to supply a few stranded retail provide copies of their protests only to on which the certifying agency received customers of ONEOK, Inc. located in the party or parties directly involved in the request; or (3) evidence of waiver of Kansas and Oklahoma. Southern Union the protest. water quality certification. Company and Laclede have entered into The Commission strongly encourages q. e-Filing: Motions to intervene, an agreement whereby Laclede will electronic filings of comments, protests protests, comments, recommendations, acquire the assets of MGE Southern and interventions in lieu of paper using terms and conditions, and fishway Union utilized to provide such service the ‘‘eFiling’’ link at http:// prescriptions may be filed electronically to ONEOK’s stranded customers. The www.ferc.gov. Persons unable to file via the Internet in lieu of paper. See, 18 requested authorizations will allow electronically should submit an original CFR 385.2001(a)(1)(iii) and the Laclede to continue such service in the and 7 copies of the protest or instructions on the Commission’s Web same manner as MGE Southern Union. intervention to the Federal Energy site at http://www.ferc.gov under the ‘‘e No construction of facilities is proposed. Regulatory Commission, 888 First Street Filing’’ link. The applicants request that an order be NE., Washington, DC 20426. This filing

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is accessible on-line at http:// Docket No. EL10–52, Central Docket No. ER13–86, Florida Power www.ferc.gov, using the ‘‘eLibrary’’ link Transmission, L.L.C. v. PJM Corporation. and is available for review in the Interconnection, L.L.C. Docket No. ER13–104, Florida Power & Commission’s Public Reference Room in Docket No. ER09–1256, Potomac- Light Company. Washington, DC. There is an Appalachian Transmission Docket No. NJ13–2, Orlando Utilities ‘‘eSubscription’’ link on the Web site Highline, L.L.C. Commission. that enables subscribers to receive email Docket Nos. ER10–253 and EL10–14, Docket Nos. ER13–366 and ER13–367, notification when a document is added Primary Power, L.L.C. Southwest Power Pool, Inc. to a subscribed docket(s). For assistance Docket Nos. ER11–2814 and ER11–2815, Docket No. ER13–83, Duke Energy with any FERC Online service, please PJM Interconnection, L.L.C. and Carolinas LLC and Carolina Power email [email protected], or American Transmission Systems, & Light Company. call (866) 208–3676 (toll free). For TTY, Inc. Docket No. ER13–88, Alcoa Power call (202) 502–8659. Docket No. EL12–69, Primary Power Generating, Inc. Comment Date: July 1, 2013. LLC v. PJM Interconnection, L.L.C. Docket No. ER13–107, South Carolina Docket No. ER12–91, PJM Electric & Gas Company. Dated: June 14, 2013. Interconnection, L.L.C. For more information, contact Valerie Kimberly D. Bose, Docket No. ER12–92, PJM Martin, Office of Energy Market Secretary. Interconnection, L.L.C., et al. Docket No. ER12–1178, PJM Regulation, Federal Energy Regulatory [FR Doc. 2013–14730 Filed 6–19–13; 8:45 am] Commission at (202) 502–6139 or BILLING CODE 6717–01–P Interconnection, L.L.C. Docket No. ER12–2399, PJM [email protected]. Interconnection, L.L.C. Dated: June 13, 2013. DEPARTMENT OF ENERGY Docket No. ER12–2708, PJM Kimberly D. Bose, Interconnection, L.L.C. Secretary. Docket No. ER13–90, Public Service Federal Energy Regulatory [FR Doc. 2013–14734 Filed 6–19–13; 8:45 am] Commission Electric and Gas Company and PJM Interconnection, L.L.C. BILLING CODE 6717–01–P Notice of Commission Staff Docket No. ER13–195, Indicated PJM Attendance Transmission Owners. DEPARTMENT OF ENERGY Docket No. ER13–198, PJM The Federal Energy Regulatory Interconnection, L.L.C. Federal Energy Regulatory Commission (Commission) hereby gives Docket No. ER13–1033, Linden VFT, Commission notice that members of the LLC and PJM Interconnection, L.L.C. Commission’s staff may attend the Docket Nos. ER13–1177, 1178 and 1179, [Docket No. CP13–30–000] following meeting related to the PJM Interconnection, L.L.C. and transmission planning activities of the Eastern Kentucky Power Transcontinental Gas Pipe Line Southern Company Services, Inc. and Cooperative, Inc. Company, LLC; Notice of Availability the Midwest Independent Transmission Docket No. ER11–1844, Midwest of the Environmental Assessment for System Operator, Inc.: Independent Transmission System the Proposed Virginia Southside Operator, Inc. Expansion Project Midwest Independent Transmission Docket No. ER11–4081, Midwest The staff of the Federal Energy System Operator, Inc. and the Independent Transmission System Southeastern Regional Transmission Regulatory Commission (FERC or Operator, Inc. Commission) has prepared an Planning (SERTP) Process Order No. Docket No. ER12–480, Midwest environmental assessment (EA) for the 1000 Interregional Coordination Independent Transmission System Virginia Southside Expansion Project Workshop Operator, Inc. proposed by Transcontinental Gas Pipe Docket No. ER13–708, Midwest June 21, 2013, 10:00 a.m.–12:00 p.m., Line Company (Transco) in the above- Independent Transmission System Local Time referenced docket. Transco requests Operator, Inc. The above-referenced meeting will be Docket No. ER13–186, Midwest authorization to construct, modify, via web conference. Independent Transmission System operate, and maintain a new natural gas The above-referenced meeting is open Operator, Inc. and the MISO pipeline and associated facilities in to stakeholders. Transmission Owners. Virginia, Maryland, Pennsylvania, New Further information may be found at: Docket No. ER13–187, Midwest Jersey and North Carolina. www.misoenergy.org. Independent Transmission System The EA assesses the potential The discussions at the meeting Operator, Inc. and the MISO environmental effects of the described above may address matters at Transmission Owners. construction and operation of the issue in the following proceedings: Docket No. ER13–89, MidAmerican Virginia Southside Expansion Project in Energy Company and Midwest accordance with the requirements of the Docket No. ER13–908, Alabama Power National Environmental Policy Act Company et al. Independent Transmission System Operator, Inc. (NEPA). The FERC staff concludes that Docket No. ER13–913, Ohio Valley Docket No. ER13–101, American approval of the proposed project, with Electric Corporation. Transmission Company LLC and appropriate mitigating measures, would Docket No. ER13–897, Louisville Gas the Midwest Independent not constitute a major federal action and Electric Company and Transmission System Operator, Inc. significantly affecting the quality of the Kentucky Utilities Company. Docket No. ER13–84, Cleco Power LLC. human environment. Docket No. ER13–1221, Mississippi Docket No. ER13–95, Entergy Arkansas, The U.S. Army Corps of Engineers Power Company. Inc. (USACE) Norfolk, Virginia and Docket No. EL05–121, PJM Docket No. ER13–80, Tampa Electric Wilmington, North Carolina Districts Interconnection, L.L.C. Company. participated as a cooperating agency in

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the preparation of the EA. Cooperating Commission has the opportunity to link. Click on the eLibrary link, click on agencies have jurisdiction by law or consider your comments prior to ‘‘General Search,’’ and enter the docket special expertise with respect to making its decision on this project, it is number excluding the last three digits in resources potentially affected by the important that we receive your the Docket Number field (i.e., CP13–30). proposal and participate in the NEPA comments in Washington, DC on or Be sure you have selected an analysis. The USACE intends to adopt before July 15 2013. appropriate date range. For assistance, and use the EA to issue an easement on For your convenience, there are three please contact FERC Online Support at federal lands to Transco. methods you can use to file your [email protected] or toll free The proposed Virginia Southside comments to the Commission. In all at (866) 208–3676, or for TTY, contact Expansion Project includes the instances, please reference the project (202) 502–8659. The eLibrary link also following facilities: docket number (CP13–30–000) with provides access to the texts of formal • Approximately 91 miles of new 24- your submission. The Commission documents issued by the Commission, inch-diameter natural gas pipeline encourages electronic filing of such as orders, notices, and (referred to as SVL B); comments and has expert staff available rulemakings. • Approximately 7 miles of new 24- to assist you at (202) 502–8258 or In addition, the Commission offers a inch-diameter natural gas pipeline [email protected]. free service called eSubscription which (referred to as the Brunswick Lateral); (1) You can file your comments allows you to keep track of all formal • A new 21,830-horsepower (hp) electronically using the eComment issuances and submittals in specific compressor station (Compressor Station feature on the Commission’s Web site dockets. This can reduce the amount of 166); (www.ferc.gov) under the link to time you spend researching proceedings • An interconnection and pressure Documents and Filings. This is an easy by automatically providing you with regulating station at the joining of the method for submitting brief, text-only notification of these filings, document SVL B and Brunswick Lateral pipelines comments on a project; summaries, and direct links to the in Brunswick County; (2) You can also file your comments documents. Go to www.ferc.gov/ • One new meter station, line heaters, electronically using the eFiling feature esubscribenow.htm. and pig 1 receiver at the terminus of the on the Commission’s Web site Brunswick Lateral; and (www.ferc.gov) under the link to Dated: June 14, 2013. • Seven mainline valves along the Documents and Filings. With eFiling, Kimberly D. Bose, proposed SVL B pipeline. you can provide comments in a variety Secretary. The proposed Virginia Southside of formats by attaching them as a file [FR Doc. 2013–14729 Filed 6–19–13; 8:45 am] Expansion Project also includes with your submission. New eFiling BILLING CODE 6717–01–P modifications to existing facilities: users must first create an account by • Five mainline valves and three clicking on ‘‘eRegister.’’ You must select meter stations in Maryland; the type of filing you are making. If you DEPARTMENT OF ENERGY Pennsylvania; New Jersey; North are filing a comment on a particular Carolina; and project, please select ‘‘Comment on a Federal Energy Regulatory • Compressor Station 205 in New Filing’’; or Commission Jersey. (3) You can file a paper copy of your The FERC staff mailed copies of the comments by mailing them to the [Docket No. CP12–495–000] EA to federal, state, and local following address: Kimberly D. Bose, government representatives and Secretary, Federal Energy Regulatory Tallgrass Interstate Gas Transmission, agencies; elected officials; Commission, 888 First Street NE., Room LLC; Notice of Availability of the environmental and public interest 1A, Washington, DC 20426. Environmental Assessment for the groups; Native American tribes; Any person seeking to become a party Proposed Pony Express Pipeline potentially affected landowners and to the proceeding must file a motion to Conversion Project other interested individuals and groups; intervene pursuant to Rule 214 of the The staff of the Federal Energy newspapers and libraries in the project Commission’s Rules of Practice and Regulatory Commission (FERC or area; and parties to this proceeding. In Procedures (18 CFR 385.214).2 Only Commission) has prepared an addition, the EA is available for public intervenors have the right to seek environmental assessment (EA) of the viewing on the FERC’s Web site rehearing of the Commission’s decision. Pony Express Pipeline Conversion (www.ferc.gov) using the eLibrary link. The Commission grants affected Project (PXP Conversion Project) A limited number of copies of the EA landowners and others with proposed by Tallgrass Interstate Gas are available for distribution and public environmental concerns intervenor Transmission, LLC, (TIGT) formerly inspection at: Federal Energy Regulatory status upon showing good cause by known as Kinder Morgan Interstate Gas Commission, Public Reference Room, stating that they have a clear and direct Transmission, LLC (KMIGT) in the 888 First Street NE., Room 2A, interest in this proceeding which no above referenced docket. Washington, DC 20426, (202) 502–8371. other party can adequately represent. Any person wishing to comment on Simply filing environmental comments The EA assesses the potential the EA may do so. Your comments will not give you intervenor status, but environmental effects of the should focus on the potential you do not need intervenor status to construction and operation of the environmental effects, reasonable have your comments considered. proposed Project in accordance with the alternatives, and measures to avoid or Additional information about the requirements of the National lessen environmental impacts. The more project is available from the Environmental Policy Act (NEPA). The specific your comments, the more useful Commission’s Office of External Affairs, FERC staff concludes that approval of they will be. To ensure that the at (866) 208–FERC, or on the FERC Web the proposed projects, with appropriate site (www.ferc.gov) using the eLibrary mitigating measures, would not 1 A ‘‘pig’’ is a tool that is inserted into and moves constitute a major federal action through the pipeline, and is used for cleaning the 2 See the previous discussion on the methods for significantly affecting the quality of the pipeline, internal inspections, or other purposes. filing comments. human environment.

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TIGT proposes to: (1) Abandon certain should focus on the potential you do not need intervenor status to natural gas pipeline facilities and the environmental effects, reasonable have your comments considered. service by transfer to an affiliate, alternatives, and measures to avoid or Additional information about the Tallgrass Pony Express Pipeline, LLC lessen environmental impacts. The more project is available from the (TPXP) for the purpose of converting the specific your comments, the more useful Commission’s Office of External Affairs, facilities to oil transportation facilities; they will be. To ensure that the at (866) 208–FERC, or on the FERC Web and (2) construct and operate certain Commission has the opportunity to site (www.ferc.gov) using the eLibrary replacement type facilities necessary to consider your comments prior to link. Click on the eLibrary link, click on continue service to existing natural gas making its decision on this project, it is ‘‘General Search,’’ and enter the docket firm transportation customers. TIGT important that we receive your number excluding the last three digits in also is seeking authorization to comments in Washington, DC on or the Docket Number field (i.e., CP12– construct certain new compression, before July 15, 2013. 495). Be sure you have selected an pipeline segments and interconnects For your convenience, there are three appropriate date range. For assistance, and has agreed to enter into methods in which you can use to submit please contact FERC Online Support at transportation arrangements with four your comments to the Commission. In [email protected] or toll free natural gas transmission companies in all instances, please reference the at (866) 208–3676, or for TTY, contact order to maintain service for the long- project docket numbers (CP12–495–000) (202) 502–8659. The eLibrary link also term customer needs of approximately with your submission. The Commission provides access to the texts of formal 104,000 dekatherms per day (Dth/day). encourages electronic filing of documents issued by the Commission, The proposed activities include the comments and has expert staff available such as orders, notices, and following: to assist you at (202) 502–8258 or rulemakings. • Abandonment of a 432.4-mile [email protected]. In addition, the Commission now pipeline segment (20-inch and 24-inch (1) You can file your comments offers a free service called eSubscription diameter) to be transferred by sale to electronically using the eComment which allows you to keep track of all TPXP; formal issuances and submittals in • feature on the Commission’s Web site Abandonment and removal of three (www.ferc.gov) under the link to specific dockets. This can reduce the natural gas mainline compressor Documents and Filings. This is an easy amount of time you spend researching stations, four meter stations, and certain method for submitting brief, text-only proceedings by automatically providing ancillary facilities; comments on a project; you with notification of these filings, • Construction of a new mainline (2) You can also file your comments document summaries and direct links to compressor station referred to as the electronically using the eFiling feature the documents. Go to www.ferc.gov/ Tescott Compressor Station in Ottawa on the Commission’s Web site esubscribenow.htm. County, Kansas; • Construction of a 4-inch-diameter, (www.ferc.gov) under the link to Dated: June 14, 2013. 4-mile-long lateral pipeline in Colorado; Documents and Filings. With eFiling, Kimberly D. Bose, • Construction of a 22-mile-long, 4- you can provide comments in a variety Secretary. of formats by attaching them as a file inch-diameter lateral pipeline in [FR Doc. 2013–14728 Filed 6–19–13; 8:45 am] with your submission. New eFiling Nebraska and Kansas; BILLING CODE 6717–01–P • Construction of two booster users must first create an account by compressor units and certain ancillary clicking on ‘‘eRegister.’’ You must select facilities at the existing Glenrock the type of filing you are making. If you DEPARTMENT OF ENERGY Compressor Station in Wyoming and the are filing a comment on a particular existing Yuma Compressor Station in project, please select ‘‘Comment on a Federal Energy Regulatory Colorado; and Filing’’; or Commission • (3) You can file a paper copy of your Construction/conversion/ [Project No. 2305–036] modification of six meter stations to comments by mailing them to the enable deliveries into and/or receipts following address: Kimberly D. Bose, Sabine River Authority of Texas and from other interstate pipeline systems. Secretary, Federal Energy Regulatory Sabine River Authority, State of The FERC staff mailed copies of the Commission, 888 First St. NE., Room Louisiana; Notice of Availability of the EA have been mailed to federal, state, 1A, Washington, DC 20426. Draft Environmental Impact Statement and local government representatives Any person seeking to become a party for the Toledo Bend Hydroelectric and agencies; elected officials; to the proceeding must file a motion to Project environmental and public interest intervene pursuant to Rule 214 of the groups; Native American tribes; Commission’s Rules of Practice and In accordance with the National potentially affected landowners and Procedures (18 CFR 385.214).1 Only Environmental Policy Act of 1969 and other interested individuals and groups; intervenors have the right to seek the Federal Energy Regulatory newspapers and libraries in the project rehearing of the Commission’s decision. Commission (Commission or FERC) area; and parties to this proceeding. In The Commission grants affected regulations contained in the Code of addition, the EA is available for public landowners and others with Federal Regulations (CFR) (18 CFR part viewing on the FERC’s Web site environmental concerns intervenor 380 [FERC Order No. 486, 52 FR (www.ferc.gov) using the eLibrary link. status upon showing good cause by 47897]), the Office of Energy Projects A limited number of copies of the EA stating that they have a clear and direct has reviewed the application for license are available for distribution and public interest in this proceeding which no for the Toledo Bend Hydroelectric inspection at: Federal Energy Regulatory other party can adequately represent. Project (FERC No. 2305) and has Commission, Public Reference Room, Simply filing environmental comments prepared a draft environmental impact 888 First Street NE., Room 2A, will not give you intervenor status, but statement (EIS) for the project. Washington, DC 20426, (202) 502–8371. The existing project is located on the Any person wishing to comment on 1 See the previous discussion on the methods for Sabine River between river mile (RM) the EA may do so. Your comments filing comments. 147 and RM 279, affecting lands and

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waters in Panola, Shelby, Sabine, and organization comments, while the ‘‘eLibrary’’ link and is available for Newton Counties, Texas, and De Soto, evening meeting is primarily for review in the Commission’s Public Sabine, and Vernon Parishes, Louisiana. receiving input from the public. All Reference Room in Washington, DC. The project occupies lands within the interested individuals and entities will There is an ‘‘eSubscription’’ link on the Sabine National Forest in Texas and the be invited to attend one or both of the Web site that enables subscribers to Indian Mounds Wilderness Area, public meetings. A notice detailing the receive email notification when a administered by the U.S. Department of exact date, time, and location of the document is added to a subscribed Agriculture—Forest Service. public meetings will be forthcoming. docket(s). For assistance with any FERC The draft EIS contains staff’s analysis For further information, please Online service, please email of the applicants’ proposals and the contact Alan Mitchnick at (202) 502– [email protected], or call alternatives for relicensing the Toledo 6074 or at [email protected]. (866) 208–3676 (toll free). For TTY, call Bend Project. The draft EIS documents Dated: June 14, 2013. (202) 502–8659. the views of governmental agencies, Kimberly D. Bose, Comment Date: 5:00 p.m. Eastern non-governmental organizations, Time on June 28, 2013. affected Indian tribes, the public, the Secretary. Dated: June 13, 2013. license applicants, and Commission [FR Doc. 2013–14727 Filed 6–19–13; 8:45 am] staff. BILLING CODE 6717–01–P Kimberly D. Bose, A copy of the draft EIS is available for Secretary. review at the Commission or may be [FR Doc. 2013–14736 Filed 6–19–13; 8:45 am] viewed on the Commission’s Web site at DEPARTMENT OF ENERGY BILLING CODE 6717–01–P http://www.ferc.gov, using the ‘‘e- Federal Energy Regulatory Library’’ link. Enter the docket number, Commission excluding the last three digits, to access DEPARTMENT OF ENERGY the document. For assistance, contact [Docket No. TS13–3–000] Federal Energy Regulatory FERC Online Support at Commission [email protected] or toll- KPC Pipeline, LLC; Notice of Filing free at (866)208–3676, or for TTY, Take notice that on May 30, 2013, [Project No. 14519–000] contact (202)502–8659. KPC Pipeline, LLC filed a request for You may also register online at partial exemption from the affiliate http://www.ferc.gov/docs-filing/ Ted P. Sorenson; Notice of Preliminary standards of conduct set forth in Part Permit Application Accepted for Filing esubscription.asp to be notified via 358 of the Federal Energy Regulatory email of new filings and issuances and Soliciting Comments, Motions To Commission’s (Commission) Intervene, and Competing Applications related to this or other pending projects. regulations, 18 CFR part 358. KPC For assistance, contact FERC Online specifically request waiver of the On May 1, 2013, Ted P. Sorenson Support. standards of conduct applicable to the filed an application for a preliminary All comments must be filed by August separation of functions, information permit, pursuant to section 4(f) of the 5, 2013, and should reference Project sharing prohibitions, and no-conduit Federal Power Act (FPA), proposing to No. 2305–036. Comments may be filed rule, 18 CFR 358.6 and 358.7(a). study the feasibility of the St. Mary electronically via the Internet. See 18 Any person desiring to intervene or to Drops Hydroelectric Project (project) to CFR 385.2001(a)(1)(iii) and the protest this filing must file in be located on the St. Mary Canal instructions on the Commission’s Web accordance with Rules 211 and 214 of System, 27 miles north Browning in site (http://www.ferc.gov/docs-filing/ the Commission’s Rules of Practice and Glacier County, Montana. The St. Mary ferconline.asp) under the ‘‘eFiling’’ link. Procedure (18 CFR 385.211, 385.214). Canal System is part of the Milk River For a simpler method of submitting text Protests will be considered by the Project, which is managed by the only comments, click on ‘‘Quick Commission in determining the Bureau of Reclamation. The sole Comment.’’ For assistance, please appropriate action to be taken, but will purpose of a preliminary permit, if contact FERC Online Support. Although not serve to make protestants parties to issued, is to grant the permit holder the Commission strongly encourages the proceeding. Any person wishing to priority to file a license application electronic filing, documents may also be become a party must file a notice of during the permit term. A preliminary paper-filed. To paper-file, mail an intervention or motion to intervene, as permit does not authorize the permit original and five copies to: Kimberly D. appropriate. Such notices, motions, or holder to perform any land-disturbing Bose, Secretary, Federal Energy protests must be filed on or before the activities or otherwise enter upon lands Regulatory Commission, 888 First Street comment date. On or before the or waters owned by others without the NE., Washington, DC 20426. comment date, it is not necessary to owners’ express permission. Anyone may intervene in this serve motions to intervene or protests The proposed project would consist of proceeding based on this draft EIS (18 on persons other than the Applicant. the following new facilities: (1) A 1.5- CFR 380.10). You must file your request The Commission encourages mile-long canal to replace the existing to intervene as specified above.1 You do electronic submission of protests and drop structure on the St. Mary Canal; (2) not need intervenor status to have your interventions in lieu of paper using the a 0.25-mile-long, 9.5-foot-diameter comments considered. ‘‘eFiling’’ link at http://www.ferc.gov. penstock; (3) a powerhouse containing Commission staff will hold two public Persons unable to file electronically two Francis turbines with a total meetings for the purpose of receiving should submit an original and 5 copies installed capacity of 3.5 megawatts comments on the draft EIS. The daytime of the protest or intervention to the discharging project flows directly into meeting will focus on resource agency, Federal Energy Regulatory Commission, the St. Mary Canal; (4) a 3.5-mile-long, Indian tribes, and non-governmental 888 First Street NE., Washington, DC 12.5-kilovolt transmission line 1 Interventions may also be filed electronically via 20426. extending from the project powerhouse the Internet in lieu of paper. See the previous This filing is accessible on-line at to an existing transmission line; and (5) discussion on filing comments electronically. http://www.ferc.gov, using the appurtenant facilities. The estimated

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annual generation of the project would L.L.C. (Tennessee), 1001 Louisiana will not receive copies of all documents be 21 gigawatt-hours. Street, Houston, Texas 77002, filed a filed by other parties or issued by the Applicant Contact: Mr. Ted P. prior notice application pursuant to Commission (except for the mailing of Sorenson, Sorenson Engineering, Inc., sections 157.205 and 157.216(b) of the environmental documents issued by the 5203 South 11th East, Idaho Falls, Idaho Federal Energy Regulatory Commission) and will not have the right 83404; phone: (208) 522–8069. Commission’s (Commission) regulations to seek court review of the FERC Contact: Kim Nguyen; phone: under the Natural Gas Act (NGA), and Commission’s final order. (202) 502–6105. Tennessee’s blanket certificate issued in The Commission strongly encourages Deadline for filing comments, motions Docket No. CP82–413–000, to abandon electronic filings of comments, protests, to intervene, competing applications in place and by removal two redundant and interventions via the internet in lieu (without notices of intent), or notices of and obsolete pipeline segments that of paper. See 18 CFR 385.2001(a) (1) (iii) intent to file competing applications: 60 cross the Big Sandy River north of and the instructions on the days from the issuance of this notice. Burnaugh, Kentucky, all as more fully Commission’s Web site (www.ferc.gov) Competing applications and notices of set forth in the application, which is under the ‘‘e-Filing’’ link. Persons intent must meet the requirements of 18 open to the public for inspection. The unable to file electronically should CFR 4.36. Comments, motions to filing may also be viewed on the web at submit an original and 14 copies of the intervene, notices of intent, and http://www.ferc.gov using the protest or intervention to the Federal competing applications may be filed ‘‘eLibrary’’ link. Enter the docket Energy Regulatory Commission, 888 electronically via the Internet. See 18 number excluding the last three digits in First Street NE., Washington, DC 20426. CFR 385.2001(a)(1)(iii) and the the docket number field to access the Dated: June 13, 2013. instructions on the Commission’s Web document. For assistance, contact FERC site http://www.ferc.gov/docs-filing/ at [email protected] or call Kimberly D. Bose, efiling.asp. Commenters can submit toll-free, (866) 208–3676 or TTY, (202) Secretary. brief comments up to 6,000 characters, 502–8659. [FR Doc. 2013–14733 Filed 6–19–13; 8:45 am] without prior registration, using the Any questions regarding this BILLING CODE 6717–01–P eComment system at http:// application should be directed to www.ferc.gov/docs-filing/ Thomas G. Joyce, Manager, Certificates ecomment.asp. You must include your & Compliance, Tennessee Gas Pipeline ENVIRONMENTAL PROTECTION name and contact information at the end Company, L.L.C, 1001 Louisiana Street, AGENCY of your comments. For assistance, Houston, Texas 77002, or telephone please contact FERC Online Support at (713) 420–3299 or fax (713) 420–1605or [FRL–9531–6] [email protected] or toll _ by email tom [email protected]. Agency Information Collection free at 1–866–208–3676, or for TTY, Any person may, within 60 days after Activities OMB Responses (202) 502–8659. Although the the issuance of the instant notice by the Commission strongly encourages Commission, file pursuant to Rule 214 AGENCY: Environmental Protection electronic filing, documents may also be of the Commission’s Procedural Rules Agency (EPA). paper-filed. To paper-file, mail an (18 CFR 385.214) a motion to intervene ACTION: Notice. original and five copies to: Kimberly D. or notice of intervention. Any person Bose, Secretary, Federal Energy filing to intervene or the Commission’s SUMMARY: This document announces the Regulatory Commission, 888 First Street staff may, pursuant to section 157.205 of Office of Management and Budget NE., Washington, DC 20426. the Commission’s Regulations under the (OMB) responses to Agency Clearance More information about this project, NGA (18 CFR 157.205) file a protest to requests, in compliance with the including a copy of the application, can the request. If no protest is filed within Paperwork Reduction Act (44 U.S.C. be viewed or printed on the ‘‘eLibrary’’ the time allowed therefore, the proposed 3501 et seq.). An agency may not link of Commission’s Web site at activity shall be deemed to be conduct or sponsor, and a person is not http://www.ferc.gov/docs-filing/ authorized effective the day after the required to respond to, a collection of elibrary.asp. Enter the docket number time allowed for protest. If a protest is information unless it displays a (P–14519) in the docket number field to filed and not withdrawn within 30 days currently valid OMB control number. access the document. For assistance, after the time allowed for filing a The OMB control numbers for EPA contact FERC Online Support. protest, the instant request shall be regulations are listed in 40 CFR part 9 Dated: June 14, 2013. treated as an application for and 48 CFR chapter 15. Kimberly D. Bose, authorization pursuant to section 7 of FOR FURTHER INFORMATION CONTACT: Rick Secretary. the NGA. Westlund (202) 566–1682, or email at Persons who wish to comment only [email protected] and please refer [FR Doc. 2013–14731 Filed 6–19–13; 8:45 am] on the environmental review of this BILLING CODE 6717–01–P to the appropriate EPA Information project should submit an original and Collection Request (ICR) Number. two copies of their comments to the SUPPLEMENTARY INFORMATION: DEPARTMENT OF ENERGY Secretary of the Commission. Environmental commentors will be OMB Responses to Agency Clearance Federal Energy Regulatory placed on the Commission’s Requests Commission environmental mailing list, will receive copies of the environmental documents, OMB Approvals [Docket No. CP13–487–000] and will be notified of meetings EPA ICR Number 0658.11; NSPS for Tennessee Gas Pipeline Company, associated with the Commission’s Pressure Sensitive Tape and Label L.L.C.; Notice of Request Under environmental review process. Surface Coating; 40 CFR part 60, Blanket Authorization Environmental commentors will not be subparts A and RR; was approved on required to serve copies of filed 05/01/2013; OMB Number 2060–0004; Take notice that on May 30, 2013, documents on all other parties. expires on 05/31/2016; Approved Tennessee Gas Pipeline Company, However, the non-party commentors without change.

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EPA ICR Number 0940.26; Ambient ENVIRONMENTAL PROTECTION Number: 334–270–3454; and email Air Quality Surveillance (Final Rule for AGENCY address: [email protected]. PM NAAQS); 40 CFR part 58; was [EPA–HQ–OAR–2003–0041–0008; FRL SUPPLEMENTARY INFORMATION: approved on 05/01/2013; OMB Number 9531–4] Supporting documents which explain in 2060–0084; expires on 01/31/2015; detail the information that the EPA will Approved without change. Information Collection Request be collecting are available in the public EPA ICR Number 2104.05; Submitted to OMB for Review and docket for this ICR. The docket can be Brownfields Programs—Revitalization Approval; Comment Request; RadNet viewed online at www.regulations.gov Grantee Reporting (Revision); 40 CFR (Renewal) or in person at the EPA Docket Center, EPA West, Room 3334, 1301 parts 30–31; was approved on 05/07/ AGENCY: Environmental Protection Constitution Ave. NW., Washington, 2013; OMB Number 2050–0192; expires Agency (EPA). DC. The telephone number for the on 05/31/2016; Approved with change. ACTION: Notice. Docket Center is 202–566–1744. For EPA ICR Number 2044.05; NESHAP additional information about EPA’s SUMMARY: The Environmental Protection for Plastic Parts and Products Surface public docket, visit http://www.epa.gov/ Agency has submitted an information Coating; 40 CFR part 63, subparts A and dockets. collection request (ICR), ‘‘RadNet’’ (EPA PPPP; was approved on 05/07/2013; Abstract: RadNet is a national ICR No. 0877.11, OMB Control No. OMB Number 2060–0537; expires on network of stations collecting sampling 2060–0015) to the Office of Management media that include air, precipitation, 05/31/2016; Approved without change. and Budget (OMB) for review and drinking water, and milk. Samples are EPA ICR Number 0328.16; Spill approval in accordance with the sent to EPA’s National Air and Prevention, Control and Paperwork Reduction Act (44 U.S.C. Radiation Environmental Laboratory Countermeasure (SPCC) Plans 3501 et seq.). This is a proposed (NAREL) in Montgomery, Alabama, (Renewal); 40 CFR part 112; was extension of the ICR, which is currently where they are analyzed for approved through June 30, 2013. Public approved on 05/09/2013; OMB Number radioactivity. RadNet provides comments were previously requested 2050–0021; expires on 05/31/2016; emergency response/homeland security via the Federal Register 78 FR 11171 on Approved without change. and ambient monitoring information on February 15, 2013 during a 60-day EPA ICR Number 2300.10; levels of environmental radiation across comment period. This notice allows for Greenhouse Gas Reporting Program the nation. All stations, usually an additional 30 days for public (Renewal); 40 CFR parts 86, 89, 90, 94, operated by state and local personnel, comments. A fuller description of the participate in RadNet voluntarily. 98, 600, 1033, 1039, 1042, 1045, 1048, ICR is given below, including its Station operators complete information 1051, 1054 and 1065; was approved on estimated burden and cost to the public. forms that accompany the samples. The 05/15/2013; OMB Number 2060–0629; An Agency may not conduct or sponsor forms request descriptive information expires on 05/31/2016; Approved with and a person is not required to respond pertaining to sample location, e.g., change. to a collection of information unless it sample type, sample location, length of displays a currently valid OMB control EPA ICR Number 2062.05; NESHAP sampling period, and volume number. for Site Remediation; 40 CFR part 63, represented. subparts A and GGGGG; was approved DATES: Additional comments may be Form Numbers: on 05/28/2013; OMB Number 2060– submitted on or before July 22, 2013. 5900–23 RadNet Equipment and 0534; expires on 05/31/2016; Approved ADDRESSES: Submit your comments, Supply Request Form. without change. referencing Docket ID Number EPA– 5900–24 RadNet Air Particulate EPA ICR Number 1381.10; Solid HQ–OAR–2003–0041–0008 to (1) EPA Sample Report. Waste Disposal Facility Criteria online using www.regulations.gov (our 5900–27 RadNet Precipitation (Renewal); 40 CFR part 258; was preferred method) or by mail to: EPA Report. approved on 05/28/2013; OMB Number Docket Center, Environmental 5900–28 RadNet Pasteurized Milk 2050–0122; expires on 05/31/2016; Protection Agency, Mail Code 28221T, Report. Approved without change. 1200 Pennsylvania Ave. NW., 5900–29 RadNet Drinking Water Washington, DC 20460, and (2) OMB via Report. Comment Filed email to [email protected]. 5900–30 Radnet Legacy Air Sample. Address comments to OMB Desk Officer Respondents/affected entities: EPA ICR Number 2473.01; RFS2 for EPA. Volunteer collectors of milk, air, Voluntary RIN Quality Assurance EPA’s policy is that all comments precipitation, and drinking water Program; in 40 CFR part 80; OMB filed received will be included in the public samples to support EPA’s national comment on 05/14/2013. docket without change including any environmental radiation monitoring EPA ICR Number 2481.01; NESHAP personal information provided, unless network known as RadNet. for Gas-Fired Melting Furnaces Located the comment includes profanity, threats, Respondent’s obligation to respond: at Wool Fiberglass Manufacturing Area information claimed to be Confidential Voluntary. Sources; in 40 CFR part 63, subparts A Business Information (CBI) or other Estimated number of respondents: and NN; OMB filed comment on 05/28/ information whose disclosure is 302 (total). 2013. restricted by statute. Frequency of response: Frequency FOR FURTHER INFORMATION CONTACT: varies according to medium being John Moses, Charles M. Petko, Office of Radiation sampled: milk, quarterly; drinking Director, Collections Strategies Division. and Indoor Air (ORIA), National water, quarterly; rain (precipitation), as [FR Doc. 2013–14748 Filed 6–19–13; 8:45 am] Analytical Radiation Environmental events occur; and air, twice weekly. BILLING CODE 6560–50–P Laboratory (NAREL), 540 South Morris Total estimated burden: 8243 hours Avenue, Montgomery, Alabama 36115– (per year). Burden is defined at 5 CFR 2601. TEL: 334–270–3411; FAX 1320.3(b).

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Total estimated cost: $299,913 (per docket without change including any which authorized the Agency to year), which includes no annualized personal information provided, unless establish regulatory requirements to capital or operation & maintenance the comment includes profanity, threats, ensure that ozone-depleting substances costs. information claimed to be Confidential (ODS) are replaced by alternatives that Changes in the Estimates: There is a Business Information (CBI) or other reduce overall risks to human health decrease of 467 hours in the total information whose disclosure is and the environment, and to promote an estimated respondent burden compared restricted by statute. expedited transition to safe substitutes. with the ICR currently approved by FOR FURTHER INFORMATION CONTACT: To promote this transition, CAA OMB. This decrease is a result of Rebecca von dem Hagen, Environmental specified that EPA establish an improved technology that reduces Protection Agency, Stratospheric information clearinghouse of available manual calculations for the real-time air Protection Division, Office of alternatives, and coordinate with other monitors and allows some operations to Atmospheric Programs, MC 6205J, Federal agencies and the public on be performed by EPA personnel at Environmental Protection Agency, 1200 research, procurement practices, and NAREL rather than requiring Pennsylvania Ave. NW., Washington, information and technology transfers. respondent time. DC 20460; telephone number: (202) Since the program’s inception in John Moses, 343–9445; fax number: (202) 343–2362; 1994, SNAP has reviewed over 400 new email address: chemicals and alternative Director, Collection Strategies Division. [email protected]. manufacturing processes for a wide [FR Doc. 2013–14747 Filed 6–19–13; 8:45 am] SUPPLEMENTARY INFORMATION range of consumer, industrial, space BILLING CODE 6560–50–P : Supporting documents which explain in exploration, and national security detail the information that the EPA will applications. Roughly 90% of ENVIRONMENTAL PROTECTION be collecting are available in the public alternatives submitted to EPA for review AGENCY docket for this ICR. The docket can be have been listed as acceptable for a viewed online at www.regulations.gov specific use, typically with some [EPA–HQ–OAR–2013–0402; FRL–9826–8] or in person at the EPA Docket Center, condition or limit to minimize risks to EPA West, Room 3334, 1301 human health and the environment. Proposed Information Collection Regulations promulgated under SNAP Request; Comment Request; EPA–ICR Constitution Ave. NW., Washington, DC. The telephone number for the require that Motor Vehicle Air No. 1774.05—Mobile Air Conditioner Conditioners (MVACs) retrofitted to use Retrofitting Program Docket Center is 202–566–1744. For additional information about EPA’s a SNAP substitute refrigerant include AGENCY: Environmental Protection public docket, visit http://www.epa.gov/ basic information on a label to be Agency (EPA). dockets. affixed to the air conditioner. The label ACTION: Notice. Pursuant to section 3506(c)(2)(A) of includes the name of the substitute the PRA, EPA is soliciting comments refrigerant, when and by whom the SUMMARY: The Environmental Protection and information to enable it to: (i) retrofit was performed, environmental Agency is planning to submit an Evaluate whether the proposed and safety information about the information collection request (ICR), collection of information is necessary substitute refrigerant, and other ‘‘Mobile Air Conditioner Retrofitting for the proper performance of the information. This information is needed Program’’ (EPA ICR No. 1774.05, OMB functions of the Agency, including so that subsequent technicians working Control No. 2060–0450) to the Office of whether the information will have on the MVAC system will be able to Management and Budget (OMB) for practical utility; (ii) evaluate the service the equipment properly, review and approval in accordance with accuracy of the Agency’s estimate of the decreasing the likelihood of significant the Paperwork Reduction Act (44 U.S.C. burden of the proposed collection of refrigerant cross-contamination and 3501 et seq.). Before doing so, EPA is information, including the validity of potential failure of air conditioning soliciting public comments on specific the methodology and assumptions used; systems and recovery/recycling aspects of the proposed information (iii) enhance the quality, utility, and equipment. collection as described below. This is a clarity of the information to be Form Numbers: EPA ICR No. 1774.05, ‘‘proposed extension of the ICR, which collected; and (iv) minimize the burden OMB Control No. 2060–0450. is currently approved through October of the collection of information on those Respondents/affected entities: Entities 31, 2013’’. An Agency may not conduct who are to respond, including through potentially affected by this action are or sponsor and a person is not required the use of appropriate automated new and used car dealers, gas service to respond to a collection of information electronic, mechanical, or other stations, top and body repair shops, unless it displays a currently valid OMB technological collection techniques or general automotive repair shops, control number. other forms of information technology, automotive repair shops not elsewhere DATES: Comments must be submitted on e.g., permitting electronic submission of classified, including air conditioning or before August 19, 2013. responses. EPA will consider the and radiator specialty shops. ADDRESSES: Submit your comments, comments received and amend the ICR Respondent’s obligation to respond: referencing Docket ID No. EPA–HQ– as appropriate. The final ICR package Mandatory under 40 CFR 82.180. OAR–2013–0402, online using will then be submitted to OMB for Estimated number of respondents: www.regulations.gov (our preferred review and approval. At that time, EPA 294 (total). method), by email to a-and-r- will issue another Federal Register Frequency of response: Once per [email protected], or by mail to: EPA notice to announce the submission of retrofit of a motor vehicle air Docket Center, Environmental the ICR to OMB and the opportunity to conditioner. Protection Agency, Mail Code 28221T, submit additional comments to OMB. Total estimated burden: 8 hours (per 1200 Pennsylvania Ave. NW., Abstract: EPA’s Significant New year). Burden is defined at 5 CFR Washington, DC 20460. Alternatives Policy (SNAP) program 1320.3(b). EPA’s policy is that all comments implements Section 612 of the 1990 Total estimated cost: $580 (per year), received will be included in the public Clean Air Act (CAA) Amendments includes $10 (per year) annualized

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capital or operation & maintenance (OMB) for review and approval in the nature and level of residues costs. accordance with the Paperwork permitted pursuant to section 408 of the Changes in Estimates: There is Reduction Act (44 U.S.C. 3501 et seq.). Federal Food, Drug, and Cosmetic Act decrease of 1,492 hours in the total This is a proposed extension of the ICR, (FFDCA). A pesticide may not be used estimated respondent burden compared which is currently approved through on food or feed crops unless the Agency with the ICR currently approved by July 31, 2013. Public comments were has established a tolerance (maximum OMB (per year). This decrease is based previously requested via the Federal residue limit) for the pesticide residues on the decline of CFC–12 MVACs in Register (77 FR 69821) on November 21, on that crop or established an service today. EPA estimated that the 2012 during a 60-day comment period. exemption from the requirement to have total percent of CFC–12 MVACs This notice allows for an additional 30 a tolerance. retrofitted in 2003 was 1.5%, which days for public comments. A fuller Under the law, EPA is responsible for equals an estimated 500,000 CFC–12 description of the ICR is given below, ensuring that the maximum residue MVACs retrofitted to R–134a. The including its estimated burden and cost levels likely to be found in or on food/ number of MVACs originally designed to the public. An Agency may not feed are safe for human consumption to use CFC–12 as well as the number of conduct or sponsor and a person is not through a careful review and evaluation those retrofitted to R–134a has been required to respond to a collection of of residue chemistry and toxicology decreasing every year and EPA information unless it displays a data. In addition, EPA must ensure that estimates a continued reduction in the currently valid OMB control number. adequate enforcement of the tolerance number of CFC–12 MVACs retrofits will DATES: Additional comments may be can be achieved through the testing of occur during the next three years. EPA submitted on or before July 22, 2013. submitted analytical methods. If the estimates that currently, in 2013, there ADDRESSES: Submit your comments, data are adequate for EPA to determine are 330,000 MVACs originally designed referencing Docket ID Number EPA– that there is a reasonable certainty that to use CFC–12 operating in the U.S. EPA HQ–OPP–2012–0744, to (1) EPA online no harm will result from aggregate estimates that in 2014, 2015 and 2016 using http://www.regulations.gov (our exposure, the Agency will establish the the number of cars originally designed preferred method), or by mail to: EPA tolerance or grant an exemption from to use CFC–12 will decrease to 170,000, Docket Center, Environmental the requirement of a tolerance. 84,000 and 40,000, respectively. Of Protection Agency, Mail Code 28221T, This ICR only applies to the these, EPA estimates that 0.1% will be 1200 Pennsylvania Ave. NW., information collection activities retrofitted annually to use alternative Washington, DC 20460, and (2) OMB via associated with the submission of a refrigerants between October 2013 and email to [email protected]. petition for a tolerance action. While September 2016. Therefore, EPA Address comments to OMB Desk Officer EPA is authorized to set pesticide estimates that in 2014, 2015 and 2016 for EPA. tolerances, the Food and Drug the numbers of MVACs to be retrofitted EPA’s policy is that all comments Administration (FDA) is responsible for are 170, 84 and 40, respectively; received will be included in the public their enforcement. Food or feed resulting in a total of 294 MVAC docket without change including any commodities found to contain pesticide retrofits over the three years of this ICR. personal information provided, unless residues in excess of established These reductions are due to the decrease the comment includes profanity, threats, tolerances are considered adulterated, of CFC–12 MVACs available on the road information claimed to be Confidential and are subject to seizure by FDA, and for retrofitting. Business Information (CBI) or other may result in civil penalties. Dated: June 10, 2013. information whose disclosure is Trade secret or CBI is frequently Sarah Dunham, restricted by statute. submitted to EPA in support of a Director, Office of Atmospheric Programs. FOR FURTHER INFORMATION CONTACT: tolerance petition because submissions usually include the manufacturing [FR Doc. 2013–14753 Filed 6–19–13; 8:45 am] Scott Drewes, Field and External Affairs Division, 7506P, Environmental process, product formulation, and BILLING CODE 6560–50–P Protection Agency, 1200 Pennsylvania supporting data. When such information Ave. NW., Washington, DC 20460; is provided to the Agency, the ENVIRONMENTAL PROTECTION telephone number: (703) 347–0107; fax information is protected from disclosure AGENCY number: (703) 308–5884; email address: under FIFRA section 10. CBI data [email protected]. submitted to the EPA is handled strictly [EPA–HQ–OPP–2012–0744; FRL–9531–7] SUPPLEMENTARY INFORMATION: in accordance with the provisions of the Supporting documents which explain FIFRA Confidential Business Information Collection Request Information Security Manual. Submitted to OMB for Review and in detail the information that the EPA Form Numbers: None. Approval; Comment Request; will be collecting are available in the Respondents/affected entities: Entities Tolerance Petitions for Pesticides on public docket for this ICR. The docket potentially affected by this ICR include Food/Feed Crops and New Inert can be viewed online at http:// anyone who files a petition asking EPA Ingredients www.regulations.gov or in person at the EPA Docket Center, EPA West, Room to take a specific tolerance action. While AGENCY: Environmental Protection 3334, 1301 Constitution Ave. NW., any entity can file a petition with EPA, Agency (EPA). Washington, DC. The telephone number petitions typically come from those ACTION: Notice. for the Docket Center is 202–566–1744. businesses engaged in the For additional information about EPA’s manufacturing of pesticides and the SUMMARY: The Environmental Protection public docket, visit http://www.epa.gov/ Interregional Research Project No. 4 Agency has submitted an Information dockets. (IR–4). The NAICS codes for the most Collection Request (ICR), Tolerance Abstract: The use of pesticides to frequent type of respondent are 325320 Petitions for Pesticides on Food/Feed increase crop production often results in (pesticide and other agricultural Crops and New Inert Ingredients (EPA pesticide residues in or on the crop. To chemical manufacturing) and 541600 ICR No. 0597.11, OMB No. 2070–0024), protect the public health from unsafe (management, scientific, and technical to the Office of Management and Budget pesticide residues, EPA sets limits on consulting services).

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Respondent’s obligation to respond: Protection Specialist, Ms. Paula V. notices are set forth in paragraph 7 of Mandatory. Painter. Submit your comments by site the Act (12 U.S.C. 1817(j)(7)). Estimated number of respondents: name Columbia Organic Chemical The notices are available for 137. Company by one of the following immediate inspection at the Federal Frequency of response: On occasion. methods: Reserve Bank indicated. The notices Total estimated burden: 236,800 • www.epa.gov/region4/superfund/ also will be available for inspection at hours (per year). Burden is defined at 5 programs/enforcement/ the offices of the Board of Governors. CFR 1320.03(b). enforcement.html. Interested persons may express their Total estimated cost: $21,280,921 (per • Email. [email protected]. views in writing to the Reserve Bank year). This is the estimated burden cost; • U.S. Environmental Protection indicated for that notice or to the offices there is no cost for capital investment or Agency, Attn: Paula V. Painter, of the Board of Governors. Comments maintenance and operational costs in Superfund Division, 61 Forsyth Street must be received no later than July 5, this information collection. SW., Atlanta, Georgia 30303. 2013. Changes in the Estimates: There is an FOR FURTHER INFORMATION CONTACT: A. Federal Reserve Bank of Atlanta increase of 58,515 hours in the total Paula V. Painter at 404/562–8887. (Chapelle Davis, Assistant Vice estimated respondent burden hours President) 1000 Peachtree Street NE., compared with the ICR currently Dated: May 6, 2013. Atlanta, Georgia 30309: approved by OMB. This increase reflects Anita L. Davis, 1. The Amanda Marie Rios 2012 EPA’s updating of the burden estimate Chief, Superfund Enforcement & Information Irrevocable Trust, Paul Roberts, Trustee; to account for an increase in the Management Branch, Superfund Division. The Amy Beth Windle Oakley 2012 estimated average number of tolerance [FR Doc. 2013–14751 Filed 6–19–13; 8:45 am] Irrevocable Trust, Paul Roberts, Trustee; petitions submitted annually from 103 BILLING CODE 6560–50–P The John David Windle 2012 Irrevocable to 137, which resulted in a change to the Trust, Paul Roberts, Trustee; The Mark annual burden hours for respondents Edward Windle 2012 Irrevocable Trust, from 178,285 in the previous renewal to FEDERAL ELECTION COMMISSION Paul Roberts, Trustee; and The Thomas 236,800 in the current renewal. This Alfred Windle 2012 Irrevocable Trust, change is an adjustment. Sunshine Act Meeting Paul Roberts, Trustee, all of Livingston, Tennessee; to join the currently AGENCY: Federal Election Commission. John Moses, approved control, group of The Jack Director, Collection Strategies Division. DATE AND TIME: Tuesday, June 25, 2013 Windle Irrevocable Life Insurance Trust, [FR Doc. 2013–14749 Filed 6–19–13; 8:45 am] at 10:00 a.m. Joyce D. Windle, John D. Copeland, and BILLING CODE 6560–50–P PLACE: 999 E Street NW., Washington, Thomas A. Windle, as a trustee DC Trustees; The Credit Shelter Trust under STATUS: This meeting will be closed to the Last Will and Testament of Jack ENVIRONMENTAL PROTECTION the public. Allen Windle, Joyce D. Windle, John D. AGENCY ITEMS TO BE DISCUSSED: Copeland, and Thomas A. Windle, [FRL–9826–7; CERCLA–04–2013–3761] Compliance matters pursuant to 2 Trustees, and The Tennessee Qualified U.S.C. 437g. Terminable Interest Trust; Joyce D. Columbia Organic Chemical Company Audits conducted pursuant to 2 U.S.C. Windle, John D. Copeland, and Thomas Site, Columbia, Richland County, 437g, 438(b), and Title 26, U.S.C. A. Windle, Trustees, for Overton South Carolina; Notice of Settlement Matters concerning participation in civil Financial Services, Inc., all of actions or proceedings or arbitration. Livingston, Tennessee. Collectively, the AGENCY: Environmental Protection Internal personnel rules and procedures new control group controls 100 percent Agency (EPA). or matters affecting a particular of the outstanding stock of Overton ACTION: Notice of Settlement. employee. Financial Services and its subsidiary, SUMMARY: Under 122(h) of the * * * * * Union Bank & Trust Company, both in Comprehensive Environmental PERSON TO CONTACT FOR INFORMATION: Livingston, Tennessee. Response, Compensation and Liability Judith Ingram, Press Officer, Telephone: Board of Governors of the Federal Reserve Act (CERCLA), the United States (202) 694–1220. System, June 14, 2013. Environmental Protection Agency has Margaret McCloskey Shanks, Shelley E. Garr, entered into a settlement with Stephen Deputy Secretary of the Board. Deputy Secretary of the Commission. Reichlyn concerning the Columbia [FR Doc. 2013–14635 Filed 6–19–13; 8:45 am] [FR Doc. 2013–14899 Filed 6–18–13; 4:15 pm] Organic Chemical Company Superfund BILLING CODE 6210–01–P Site located in Columbia, Richland BILLING CODE 6715–01–P County, South Carolina. The settlement addresses cost incurred by the agency in FEDERAL RESERVE SYSTEM conducting a fund lead Removal. FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and DATES: The Agency will consider public Change in Bank Control Notices; comments on the settlement until July Mergers of Bank Holding Companies Acquisitions of Shares of a Bank or 22, 2013. The Agency will consider all Bank Holding Company The companies listed in this notice comments received and may modify or have applied to the Board for approval, withdraw its consent to the settlement The notificants listed below have pursuant to the Bank Holding Company if comments received disclose facts or applied under the Change in Bank Act of 1956 (12 U.S.C. 1841 et seq.) considerations which indicate that the Control Act (12 U.S.C. 1817(j)) and (BHC Act), Regulation Y (12 CFR part settlement is inappropriate, improper, § 225.41 of the Board’s Regulation Y (12 225), and all other applicable statutes or inadequate. CFR 225.41) to acquire shares of a bank and regulations to become a bank ADDRESSES: Copies of the settlement are or bank holding company. The factors holding company and/or to acquire the available from EPA’s Environmental that are considered in acting on the assets or the ownership of, control of, or

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the power to vote shares of a bank or DEPARTMENT OF HEALTH AND data collection system) was first bank holding company and all of the HUMAN SERVICES approved by OMB on June 7, 2004 banks and nonbanking companies (OMB No. 0990–275). OMB approval owned by the bank holding company, Office of the Secretary was also received for modifications to including the companies listed below. [Document Identifier: HHS–OS–19226–30D] the UDS to accommodate grant programs that were not required to use The applications listed below, as well the UDS at the time the system was as other related filings required by the Agency Information Collection Activities; Submission to OMB for developed (August 23, 2007), which Board, are available for immediate Review and Approval; Public Comment upgraded the data collection tool from inspection at the Federal Reserve Bank Request the UDS to the PDS (August 31, 2010). indicated. The applications will also be Clearance is due to expire on October available for inspection at the offices of AGENCY: The Office of the Secretary, 31, 2013. the Board of Governors. Interested HHS. Need and Proposed Use of the persons may express their views in ACTION: Notice. Information: The clearance is also to writing on the standards enumerated in continue data collection using the PDS, SUMMARY: In compliance with section the BHC Act (12 U.S.C. 1842(c)). If the enhancing the system to improve 3507(a)(1)(D) of the Paperwork proposal also involves the acquisition of functionality and to alter questions to Reduction Act of 1995, the Office of the a nonbanking company, the review also improve data collection completeness Secretary (OS), Department of Health includes whether the acquisition of the and quality. The functionality and and Human Services, has submitted an nonbanking company complies with the question improvements are intended to Information Collection Request (ICR), standards in section 4 of the BHC Act improve OMH’s ability to comply with described below, to the Office of (12 U.S.C. 1843). Unless otherwise Federal reporting requirements and Management and Budget (OMB) for monitor and evaluate performance by noted, nonbanking activities will be review and approval. The ICR is for enabling the efficient collection of more conducted throughout the United States. renewal of the approved information performance-oriented data which are Unless otherwise noted, comments collection assigned OMB control tied to OMH-wide performance regarding each of these applications number 0990–0275 scheduled to expire reporting needs. The ability to monitor must be received at the Reserve Bank on October 31, 2013. Comments and evaluate performance in this submitted during the first public review indicated or the offices of the Board of manner, and to work towards of this ICR will be provided to OMB. Governors not later than July 15, 2013. continuous program improvement are OMB will accept further comments from A. Federal Reserve Bank of Dallas (E. basic functions that OMH must be able the public on this ICR during the review Ann Worthy, Vice President) 2200 to accomplish in order to carry out its and approval period. North Pearl Street, Dallas, Texas 75201– mandate with the most effective and 2272: DATES: Comments on the ICR must be appropriate use of resources. received on or before July 22, 2013. 1. Overton Financial Corporation, Likely Respondents: Respondents for ADDRESSES: Submit your comments to this data collection include the project Overton, Texas; as part of a corporate [email protected] or via reorganization to acquire through directors leading OMH-funded projects facsimile to (202) 395–5806. and/or the date entry persons assigned Overton Delaware Corporation and FOR FURTHER INFORMATION CONTACT: for each OMH-funded project. Affected Lindale Delaware Corporation, both in Information Collection Clearance staff, public includes not-for-profit Dover, Delaware, additional voting Information.Collection institutions and State, Local, or Tribal shares of Longview Financial [email protected] or (202) 690–6162. Governments. Corporation, and thereby indirectly SUPPLEMENTARY INFORMATION: When Burden Statement: Burden in this acquire additional voting shares of submitting comments or requesting context means the time expended by Texas Bank and Trust Company, both in information, please include the OMB persons to generate, maintain, retain, Longview, Texas. control number 0990–0275 and disclose or provide the information Board of Governors of the Federal Reserve document identifier HHS–OS–19226– requested. This includes the time System, June 17, 2013. 30D for reference. needed to review instructions, to Margaret McCloskey Shanks, Information Collection Request Title: develop, acquire, install and utilize technology and systems for the purpose Deputy Secretary of the Board. Performance Improvement and Management System (PIMS). of collecting, validating and verifying [FR Doc. 2013–14715 Filed 6–19–13; 8:45 am] OMB No.: 0990–0275. information, processing and BILLING CODE 6210–01–P Abstract: This request for clearance is maintaining information, and disclosing to extend data collection activities by and providing information, to train three (3) years for a currently approved personnel and to be able to respond to collection using the OMB approved a collection of information, to search Performance Data System (PDS), the tool data sources, to complete and review used by Office of Minority Health the collection of information, and to (OMH) to collect program management transmit or otherwise disclose the and performance data for all OMH- information. The total annual burden funded projects. Grantee data collection hours estimated for this ICR are via the Uniform Data Set (UDS) (original summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

PDS Burden ...... OMH Grantee ...... PDS ...... 100 4 1.5 600

Keith A. Tucker, 31/2015—Revision—National Center for This revision submission includes Information Collection Clearance Officer. Emerging and Zoonotic Infectious two new NHSN components and their [FR Doc. 2013–14679 Filed 6–19–13; 8:45 am] Diseases (NCEZID), Centers for Disease corresponding forms. The Dialysis BILLING CODE 4150–29–P Control and Prevention (CDC). Component consists of changes to three previously approved forms and the Background and Brief Description addition of four new forms. These new DEPARTMENT OF HEALTH AND The National Healthcare Safety forms include component specific HUMAN SERVICES Network (NHSN) is a system designed to monthly reporting plan, prevention accumulate, exchange, and integrate process measures monthly monitoring, Centers for Disease Control and patient influenza vaccination, and Prevention relevant information and resources among private and public stakeholders patient influenza vaccination [60–Day–13–0666] to support local and national efforts to denominator forms. The Outpatient protect patients and promote healthcare Procedure Component consists of four Proposed Data Collections Submitted safety. Specifically, the data is used to new forms: component specific annual for Public Comment and determine the magnitude of various survey, monthly reporting plan, event, Recommendations healthcare-associated adverse events and monthly denominators and summary forms. In compliance with the requirement and trends in the rates of these events of Section 3506(c)(2)(A) of the among patients and healthcare workers Further, the breadth of organism Paperwork Reduction Act of 1995 for with similar risks. The data will be used susceptibility data required on all of the opportunity for public comment on to detect changes in the epidemiology of healthcare-associated infection (HAI) proposed data collection projects, the adverse events resulting from new and report forms (i.e., BSI, UTI, SSI, PNEU Centers for Disease Control and current medical therapies and changing (VAP and VAE), DE, LTUTI, and MDRO Prevention (CDC) will publish periodic risks. The NHSN consists of six Infection Surveillance) has been summaries of proposed projects. To components: Patient Safety, Healthcare reduced for the purposes of request more information on the Personnel Safety, Biovigilance, Long- streamlining, simplification, and proposed projects or to obtain a copy of Term Care Facility (LTCF), Dialysis, and removing undue burden where possible. the data collection plans and Outpatient Procedure. Significant changes were made to the instruments, call 404–639–7570 or send NHSN Biovigilance Component forms as The new Dialysis Component was a result of a subject matter expert and comments to Kimberly S. Lane, 1600 developed in order to separate reporting Clifton Road, MS–D74, Atlanta, GA stakeholder working groups. This of dialysis events from the Patient includes the removal of the monthly 30333 or send an email to [email protected]. Safety Component. The new component Comments are invited on: (a) Whether incident summary form. A brand new will tailor the NHSN user interface for the proposed collection of information form was added (Form 57.600—State dialysis users to simplify their data is necessary for the proper performance Health Department Validation Record) entry and analyses processes as well as of the functions of the agency, including to collect aggregate validation results provide options for expanding the whether the information shall have that will be gathered by state health Dialysis Component in the future to practical utility; (b) the accuracy of the departments when conducting facility- include dialysis surveillance in settings agency’s estimate of the burden of the level validation of NHSN healthcare- other than outpatient facilities. proposed collection of information; (c) associated infection (HAI) data within ways to enhance the quality, utility, and The new Outpatient Procedure their jurisdictions using the CDC/NHSN clarity of the information to be Component was developed to gather Validation Guidance and Toolkits. collected; and (d) ways to minimize the data on the impact of infections and Additionally, minor revisions have burden of the collection of information other outcomes related to outpatient been made to 17 other forms within the on respondents, including through the procedures that are performed in package to clarify and/or update use of automated collection techniques settings such as Ambulatory Surgery surveillance definitions. or other forms of information Centers (ASCs), Hospital Outpatient The previously approved NSHN technology. Written comments should Departments (HOPDs), and physicians’ package included 48 individual be received within 60 days of this offices. Three event types will be collection forms; the current revision notice. monitored in this new component: request adds nine new forms and Same Day Outcome Measures, removes one form for a total of 56 forms. Proposed Project Prophylactic Intravenous (IV) Antibiotic The reporting burden will increase by National Healthcare Safety Network Timing, and Surgical Site Infections 542,123 hours, for a total of 4,104,776 (NHSN) (OMB No. 0920–0666), exp. 12/ (SSI). hours.

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ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondents Form number and name respondents responses per response (in hrs.) respondent (in hrs.)

Registered Nurse (Infection 57.100: NHSN Registration Form ...... 2,000 1 5/60 167 Preventionist). Registered Nurse (Infection 57.101: Facility Contact Information ...... 2,000 1 10/60 333 Preventionist). Registered Nurse (Infection 57.103: Patient Safety Component—Annual 6,000 1 30/60 3,000 Preventionist). Hospital Survey. Registered Nurse (Infection 57.105: Group Contact Information ...... 6,000 1 5/60 500 Preventionist). Registered Nurse (Infection 57.106: Patient Safety Monthly Reporting 6,000 12 35/60 42,000 Preventionist). Plan. Registered Nurse (Infection 57.108: Primary Bloodstream Infection 6,000 36 32/60 115,200 Preventionist). (BSI). Registered Nurse (Infection 57.111: Pneumonia (PNEU) ...... 6,000 72 29/60 208,800 Preventionist). Registered Nurse (Infection 57.112: Ventilator-Associated Event ...... 6,000 144 22/60 316,800 Preventionist). Infection Preventionist ...... 57.114: Urinary Tract Infection (UTI) ...... 6,000 27 29/60 78,300 Staff RN ...... 57.116: Denominators for Neonatal Inten- 6,000 9 3 162,000 sive Care Unit (NICU). Staff RN...... 57.117: Denominators for Specialty Care 6,000 9 5 270,000 Area (SCA)/Oncology (ONC). Staff RN...... 57.118: Denominators for Intensive Care 6,000 54 5 1,620,000 Unit (ICU)/Other locations (not NICU or SCA). Registered Nurse (Infection 57.120: Surgical Site Infection (SSI) ...... 6,000 36 29/60 104,400 Preventionist). Staff RN ...... 57.121: Denominator for Procedure ...... 6,000 540 5/60 270,000 Laboratory Technician ...... 57.123: Antimicrobial Use and Resistance 6,000 12 5/60 6,000 (AUR)-Microbiology Data Electronic Upload Specification Tables. Pharmacy Technician ...... 57.124: Antimicrobial Use and Resistance 6,000 12 5/60 6,000 (AUR)-Pharmacy Data Electronic Upload Specification Tables. Registered Nurse (Infection 57.125: Central Line Insertion Practices Ad- 1,000 100 5/60 8,333 Preventionist). herence Monitoring. Registered Nurse (Infection 57.126: MDRO or CDI Infection Form ...... 6,000 72 29/60 208,800 Preventionist). Registered Nurse (Infection 57.127: MDRO and CDI Prevention Proc- 6,000 24 12/60 28,800 Preventionist). ess and Outcome Measures Monthly Monitoring. Registered Nurse (Infection 57.128: Laboratory-identified MDRO or CDI 6,000 240 15/60 360,000 Preventionist). Event. Registered Nurse (Infection 57.130: Vaccination Monthly Monitoring 100 5 14 7,000 Preventionist). Form–Summary Method. Registered Nurse (Infection 57.131: Vaccination Monthly Monitoring 100 5 2 1,000 Preventionist). Form–Patient-Level Method. Registered Nurse (Infection 57.133: Patient Vaccination ...... 100 250 10/60 4,167 Preventionist). Registered Nurse (Infection 57.137: Long-Term Care Facility Compo- 250 1 45/60 188 Preventionist). nent—Annual Facility Survey. Registered Nurse (Infection 57.138: Laboratory-identified MDRO or CDI 250 8 15/60 500 Preventionist). Event for LTCF. Registered Nurse (Infection 57.139: MDRO and CDI Prevention Proc- 250 12 5/60 250 Preventionist). ess Measures Monthly Monitoring for LTCF. Registered Nurse (Infection 57.140: Urinary Tract Infection (UTI) for 250 9 27/60 1,013 Preventionist). LTCF. Registered Nurse (Infection 57.141: Monthly Reporting Plan for LTCF ... 250 12 5/60 250 Preventionist). Registered Nurse (Infection 57.142: Denominators for LTCF Locations 250 12 3 9,000 Preventionist). Registered Nurse (Infection 57.143: Prevention Process Measures 250 12 5/60 250 Preventionist). Monthly Monitoring for LTCF. Registered Nurse (Infection 57.150: LTAC Annual Survey ...... 400 1 30/60 200 Preventionist). Registered Nurse (Infection 57.151: Rehab Annual Survey ...... 1,000 1 25/60 417 Preventionist). Occupational Health RN/Spe- 57.200: Healthcare Personnel Safety Com- 50 1 8 400 cialist. ponent Annual Facility Survey.

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Average Number of Number of burden per Total burden Type of respondents Form number and name respondents responses per response (in hrs.) respondent (in hrs.)

Occupational Health RN/Spe- 57.203: Healthcare Personnel Safety 50 9 10/60 75 cialist. Monthly Reporting Plan. Occupational Health RN/Spe- 57.204: Healthcare Worker Demographic 50 200 20/60 3,333 cialist. Data. Occupational Health RN/Spe- 57.205: Exposure to Blood/Body Fluids ...... 50 50 1 2,500 cialist. Occupational Health RN/Spe- 57.206: Healthcare Worker Prophylaxis/ 50 30 15/60 375 cialist. Treatment. Laboratory Technician ...... 57.207: Follow-Up Laboratory Testing ...... 50 50 15/60 625 Occupational Health RN/Spe- 57.210: Healthcare Worker Prophylaxis/ 50 50 10/60 417 cialist. Treatment-Influenza. Medical/Clinical Laboratory 57.300: Hemovigilance Module Annual Sur- 500 1 2 1,000 Technologist. vey. Medical/Clinical Laboratory 57.301: Hemovigilance Module Monthly Re- 500 12 1/60 100 Technologist. porting Plan. Medical/Clinical Laboratory 57.303: Hemovigilance Module Monthly Re- 500 12 1 6,000 Technologist. porting Denominators. Medical/Clinical Laboratory 57.304: Hemovigilance Adverse Reaction ... 500 48 15/60 6,000 Technologist. Medical/Clinical Laboratory 57.305: Hemovigilance Incident ...... 500 12 10/60 1,000 Technologist. Staff RN...... 57.400: Outpatient Procedure Compo- 5,000 1 5/60 417 nent—Annual Facility Survey. Staff RN...... 57.401: Outpatient Procedure Compo- 5,000 12 15/60 15,000 nent—Monthly Reporting Plan. Staff RN...... 57.402: Outpatient Procedure Component 5,000 25 40/60 83,333 Event. Staff RN...... 57.403: Outpatient Procedure Compo- 5,000 12 40/60 40,000 nent—Monthly Denominators and Sum- mary. Registered Nurse (Infection 57.500: Outpatient Dialysis Center Prac- 6,000 1 1.75 10,500 Preventionist). tices Survey. Staff RN ...... 57.501: Dialysis Monthly Reporting Plan ..... 6,000 12 5/60 6,000 Staff RN ...... 57.502: Dialysis Event ...... 6,000 60 13/60 78,000 Staff RN ...... 57.503: Denominator for Outpatient Dialysis 6,000 12 6/60 7,200 Staff RN...... 57.504: Prevention Process Measures 600 12 30/60 3,600 Monthly Monitoring for Dialysis. Staff RN ...... 57.505: Dialysis Patient Influenza Vaccina- 250 75 10/60 3,125 tion. Staff RN ...... 57.506: Dialysis Patient Influenza Vaccina- 250 5 10/60 208 tion Denominator. Epidemiologist ...... 57.600: State Health Department Validation 152 50 15/60 1,900 Record.

Total ...... 4,104,776

Ron A. Otten, Related to the Performance Analysis collect performance measure data for Director, Office of Scientific Integrity, Office Study and the Impact and the In-depth PREP programs, and assess the of the Associate Director for Science, Office Implementation Study. effectiveness of selected PREP-funded of the Director. OMB No.: 0970–0398. programs. [FR Doc. 2013–14752 Filed 6–19–13; 8:45 am] Description: The Office of Data The evaluation includes three primary BILLING CODE 4163–18–P Analysis, Research, and Evaluation interconnected components or (HHS/ACF/ACYF/ODARE) in the ‘‘studies:’’ Administration for Children, Youth and 1. The Impact and In-depth DEPARTMENT OF HEALTH AND Families (ACYF) and the Office of Implementation Study (IIS) HUMAN SERVICES Planning, Research, and Evaluation 2. The Design and Implementation Study (DIS) Administration for Children and (HHS/ACF/OPRE) in the Administration 3. The Performance Analysis Study Families for Children and Families (ACF) propose a data collection activity as part (PAS) Submission for OMB Review; of the Personal Responsibility Education This proposed information collection Comment Request Program (PREP) Multi-Component activity includes: (a) All measures for Evaluation. The goals of the PREP the PAS for Competitive PREP grantees; Title: Personal Responsibility Multi-Component Evaluation are to (b) follow-up measures for the IIS Education Program (PREP) Multi- document how PREP programs are impact analysis; and (c) measures for Component Evaluation—Data Collection designed and implemented in the field, the IIS in-depth implementation

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analysis. A description of all three Annual Burden Estimates ANNUAL BURDEN: ALREADY studies and a description of the specific APPROVED—Continued activities proposed were provided in a ANNUAL BURDEN: ALREADY APPROVED [still in use] 60 Day Federal Register Notice posted [still in use] in Vol. 78, No. 24, p.8150 on February Evaluation component Total annual 5, 2013. Total annual burden hours Evaluation component burden hours Respondents: Program applicants (i.e., In-depth Implementation & adolescents); Data managers (e.g., at Field Data Collection ...... 240 Impact Study ...... 1,425 schools or state agencies); Program Design and Implementation administrators and staff; Participating Study ...... 30 Total ...... 31,342 youth; and Community members. Performance Analysis Study 29,647

ANNUAL BURDEN: CURRENT REQUEST

Average Total number Number of burden per Total annual Activity Respondent of respondents responses per response burden hours respondent (hours)

Performance Analysis Study: CPREP Grantees

Entry Survey ...... Program Participants .... 23,565 1 .08333 655 Exit Survey ...... Program Participants .... 30,615 1 .16667 1,701 Performance Reporting System Data Entry Form Grantees ...... 37 2 24 592 Implementation Site Data Collection Protocol ...... Implementation Sites .... 300 2 8 1,600

In-depth Implementation and Impact Analysis Study

Focus group guide with participants ...... Program Participants .... 320 1 1.5 160 Semi-structured interview topic guide ...... Program staff and 160 2 1 107 stakeholders. Staff Survey ...... Program Staff ...... 100 2 .5 33 First Follow-Up Survey ...... Program Participants .... 4,800 1 .75 1,200 Second Follow-Up Survey ...... Program Participants .... 2,250 1 .75 563 Program Attendance Data Collection Protocol ..... Program Staff ...... 90 12 .25 90

Total Annual Burden Hours being Re- ...... 6,701 quested.

Additional Information: Copies of the Administration, for Children and requirements for reporting performance proposed collection may be obtained by Families. measures, conducting evaluation-related activities, and strengthening program writing to the Administration for Steven M. Hanmer, Children and Families, Office of outcomes for youth participants. OPRE Reports Clearance Officer. Planning, Research and Evaluation, 370 [FR Doc. 2013–14700 Filed 6–19–13; 8:45 am] L’Enfant Promenade SW., Washington, SUMMARY: The Administration for BILLING CODE 4184–37–P DC 20447, Attn: OPRE Reports Children and Families (ACF), Clearance Officer. All requests should Administration on Children, Youth and Families (ACYF), Family and Youth be identified by the title of the DEPARTMENT OF HEALTH AND information collection. Email address: Services Bureau (FYSB), Division of HUMAN SERVICES Adolescent Development and Support [email protected]. Administration for Children and (DADS) announces the award of single- OMB Comment: OMB is required to Families source expansion supplement grants to make a decision concerning the eight PREIS grantees for the purpose of collection of information between 30 [CFDA Number: 93.297] expanding program participation and/or and 60 days after publication of this sites to support the increase of data document in the Federal Register. Announcement of the Award of Single- necessary to determine the level of Source Expansion Supplement Grants Therefore, a comment is best assured of program effectiveness. In FY 2010, to Eight Personal Responsibility having its full effect if OMB receives it FYSB awarded 13 cooperative Education Program Innovative agreement grants under Funding within 30 days of publication. Written Strategies (PREIS) Grantees comments and recommendations for the Opportunity Announcement (FOA) proposed information collection should AGENCY: Family and Youth Services number: OPHS/OAH/TPP PREP Tier 2– be sent directly to the following: Office Bureau, ACYF, ACF, HHS. 2010. Under this FOA, a total of $9.7 of Management and Budget, Paperwork ACTION: Notice of the award of single- million was made available on a Reduction Project, Email: source expansion supplement grants to competitive basis to implement and test [email protected], eight Personal Responsibility Education innovative strategies. Attn: Desk Officer for the Program Innovative Strategies (PREIS) Single-source program expansion grantees to support the expansion of supplement awards are made to the program services necessary to meet the following PREIS grantees:

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Supplement Grantee organization City State award amount

Children’s Hospital Los Angeles ...... Los Angeles ...... CA $52,538.00 Cicatelli Associates Inc ...... New York ...... NY 130,506.00 Demoiselle 2 Femme ...... Chicago ...... IL 34,981.00 Education Development Center, Inc ...... Newton ...... MA 51,181.00 Lighthouse Outreach ...... Hampton ...... VA 50,000.00 OhioHealth ...... Columbus ...... OH 9,660.00 Oklahoma Institute for Child Advocacy ...... Oklahoma City ...... OK 108,009.00 The Village for Families & Children, Inc ...... Hartford ...... CT 60,000.00

DATES: The period of support under in knowledge and intentions, and agricultural community. A key outcome these supplements is September 30, changes in self-reported behaviors of of this effort is to enhance FDA’s 2012, through September 29, 2013. participants. implementation of the prevention FOR FURTHER INFORMATION CONTACT: Award amounts for the eight single oriented activities outlined in FSMA. Marc Clark, Program Director, source expansion supplement grants DATES: Important dates are as follows: Adolescent Pregnancy Prevention total $496,875 and will support 1. The application due date is July 15, Program, Division of Adolescent activities from September 30, 2012, 2013. Development and Support, Family and through September 29, 2013. 2. The anticipated start date is Youth Services Bureau, 1250 Maryland Statutory Authority: Section 2953 of the September, 2013. Avenue SW., Suite 800, Washington, DC Patient Protection and Affordable Care Act of 3. The opening date is June 20, 2013. 20024. Telephone: 202–205–8496; 2010, Public. Law 111–148, added Section 4. The expiration date is July 16, Email: [email protected]. 513 to Title V of the Social Security Act, 2013. SUPPLEMENTARY INFORMATION: The award codified at 42 U.S.C. 713, authorizing the Personal Responsibility Education Program. ADDRESSES: Submit the paper of eight single source expansion application to: Gladys Melendez, Grants supplement grants to PREIS grantees is Bryan Samuels, Management (HFA–500), 5630 Fishers required because of the necessary Commissioner, Administration on Children, Lane, Rockville, MD 20857, and a copy expansion of the original scope of Youth and Families. to Kevin W. Robinson, Center for Food approved activities. In reviewing [FR Doc. 2013–14741 Filed 6–19–13; 8:45 am] Safety and Applied Nutrition, 5100 grantees’ aggressive program and BILLING CODE 4184–37–P Paint Branch Pkwy., College Park, MD evaluation plans, combined with 20740, 240–402–2118. For more recruitment efforts to date, FYSB has information, see section III of the determined that that these eight grantees DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION section of would be required to increase the HUMAN SERVICES this notice. number of program participants and/or increase data collection efforts. Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Increased funding will help the Samir K. Assar, Center for Food Safety [Docket No. FDA–2013–N–0010] grantees’ programs increase recruitment and Applied Nutrition, Food and Drug and retention strategies for program Administration, CPK1 Rm. 3A001, 5100 Cooperative Agreement To Support the Paint Branch Pkwy., College Park, MD participants that will allow grantees to Western Center for Food Safety obtain the minimal statistical power 20740, 240–402–1636; or Gladys required to report significant outcome AGENCY: Food and Drug Administration, Melendez, Grants Management Officer/ data. Outcome data will determine the HHS. Specialist, Office of Acquisition and Grants Services, Food and Drug effectiveness of the implemented ACTION: Notice. pregnancy prevention models used in Administration, 5630 Fishers Lane, Rm. the program. Thus, the increased SUMMARY: The Food and Drug 2032, Rockville, MD 20857, 301–827– number of program participants Administration (FDA) is announcing the 7175. supports the evaluation requirements availability of grant funds for a For more information on this funding outlined in the FOA and the Affordable cooperative agreement to support the opportunity announcement (FOA) and Care Act. Western Center for Food Safety (WCFS). to obtain detailed requirements, please Additionally, grantees are required to FDA regards the continued support of refer to the full FOA located at report on performance measures that WCFS as crucial to receiving invaluable www.fda.gov/food/newsevents/ were specifically defined by FYSB. The insight into the food safety issues that default.htm. data collection will require additional it is directed to address through various SUPPLEMENTARY INFORMATION: grantee staff time and other resources to provisions of the FDA Food Safety compile and report on performance Modernization Act (FSMA). FDA I. Funding Opportunity Description indicators. Performance indicators are concludes this partnership will enhance RFA–FD–13–023. based upon the performance measures FDA’s efforts to address the particularly 93.103. established by the Department of Health complex issues surrounding the safety and Human Services (HHS) to include: of agricultural production. Partnering A. Background (a) The number of youth served and with WCFS provides FDA with the FDA is announcing its intention to hours of service delivery; (b) fidelity to opportunity to stimulate collaborations receive and consider a single-source the program model or adaptation of the so that resources can be leveraged to application for the award of a program model for the target maximize food safety research, cooperative agreement in fiscal year population; (c) community partnerships education, and outreach efforts aimed at 2013 (FY13) to the University of and competence in working with the WCFS and FDA stakeholders California-Davis, Davis, CA, to support target population; and (d) reported gains particularly those within the WCFS.

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The partnership between WCFS and WCFS can meet the following research WCFS to offer technical assistance that FDA over the past 5 years has been very objectives: will aid in the protection of public productive in supporting FDA’s public • Continue to conduct health by increasing the adoption and health mission by conducting studies multidisciplinary applied laboratory, understanding of guidance and policy. that address knowledge gaps field, and educational research WCFS has conducted research on surrounding the safe production of regarding the safety of agriculture diverse agriculture production issues of agricultural foods and education/ production to generate practical outreach activities that provide the solutions that can be implemented by importance to FDA including common agricultural sector with information the agricultural community and routes of contamination on a farm, about food safety best practices. With consequently, enhance food safety and environmental contamination, and the enactment of FSMA in 2011, the food defense for FDA-regulated agricultural practices and possesses the partnership has become increasingly products. ability to further expand their research important as FDA works to fulfill its • Continue to develop and maintain into other production areas. The mandate to develop a prevention-based communication with various location of WCFS affords FDA the modern food safety system. FSMA stakeholders, domestic and opportunity to obtain data from directs the Agency to develop and international, involved in food meaningful, field-based trials in an implement risk and science-based production and food safety in order to important food-producing area of the enforceable standards and enhance identify food safety knowledge gaps and country. WCFS access to field sites for partnerships with its food safety opportunities to leverage resources. experimental trials is instrumental to stakeholders. The Agency’s research • Continue to enhance technical FDA receiving the most current strategy is focused on building the assistance outreach and educational scientifically validated information that scientific foundation it needs to support efforts through various channels, relates to actual agricultural conditions. the development and implementation of including seminars, presentations, WCFS has established research science-based standards. The strategy serving on technical advisory boards collaborations with research institutions involves identifying and prioritizing its and committees, and outreach through throughout the United States including research needs based on its agriculture extension appointments. Florida, Arizona, Georgia, Ohio, and policymaking and implementation • Continue to engage in multi- Hawaii to study the agro-ecological activities. WCFS has played a critical institutional collaborations to ensure differences that may impact food safety role in conducting studies that were that FDA has the most current scientific in the agricultural sector. WCFS has also used to inform policy, including thinking on best agricultural practices made available research tools that can regulations that are being developed across varying agro-ecological under FSMA, and will continue to do so landscapes. be utilized by all research institutions as the Agency further implements • Continue to assist the Agency in that could facilitate industry FSMA activities. implementing food safety standards compliance with preventive control FDA regards the development and under FSMA. standards. Information gleaned from strengthening of public-private this research has been made publicly partnerships to be a key element of its C. Eligibility Information available and has been useful to FSMA implementation strategy, which The University of California-Davis domestic and international stakeholders involves providing education and (UC Davis), WCFS and often translates into proactive, outreach to private industry about its science-based preventive controls. FDA Competition is limited to WCFS food safety standards in order to build has utilized this information when industry capacity to comply with these because FDA has determined that WCFS is uniquely qualified to fulfill the developing policy aimed at fulfilling its standards prior to conducting public health mission. Industry boards enforcement activities. The Agency has objectives outlined in the proposed cooperative agreement. The program has and grower groups have also a limited history with the agricultural incorporated WCFS generated community and seeks to use the strong demonstrated the adaptability necessary information into their national and relationships that academia has with to address FDA’s evolving high-priority this sector to facilitate education and public health issues. This adaptability regional food safety guidance outreach activities. The demonstrated allows WCFS to successfully leverage documents. ability of WCFS to successfully leverage resources across a variety of WCFS has also effectively provided resources through existing partnerships organizations including the U.S. extensive technical outreach and will continue to maximize the ability to Department of Agriculture—National education through participation on high achieve research, education, and Institute of Food and Agriculture, profile advisory boards/panels covering outreach objectives domestically and Center for Produce Safety, numerous diverse agricultural topics including but internationally with available funds. industry boards, and also with not limited to good agricultural The Agency is developing a technical universities across the country. This has practices, tree nuts, veterinary science, led to the expansion of the program and assistance network that will be critical and specialty crops that span the United has also increased their visibility as a in providing technical assistance to the States. Additionally, WCFS regularly food safety resource thus propagating farming community in adopting and outreaches to the agricultural complying with components of FSMA. additional collaborations. In addition, the WCFS locations at the UC Davis community through conferences and WCFS is optimally situated to be a key meetings to provide information about player in this network to deliver quality main campus and experimental stations best practices. Finally, WCFS and FDA technical assistance to a broad range of provide invaluable access to one of the have also provided opportunities for food safety stakeholders in the leading food production and food safety postgraduates to be trained and agricultural community. research institutions in the country with prominent researchers and access to mentored by WCFS and FDA scientists B. Research Objectives agricultural producers, along with other in areas of field, laboratory, and This cooperative agreement will public and private stakeholders. This educational research. provide continued support so that established UC Davis network allows

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II. Award Information/Funds Available DEPARTMENT OF HEALTH AND Research (HFD–600), Food and Drug HUMAN SERVICES Administration, 7519 Standish Pl., A. Award Amount Rockville, MD 20855, 240–276–9326. Food and Drug Administration The Center for Food Safety and SUPPLEMENTARY INFORMATION: Applied Nutrition at FDA intends to [Docket No. FDA–2007–D–0369] I. Background fund one award up to $2 million for In the Federal Register of June 11, FY13, with the possibility of four Draft and Revised Draft Guidances for 2010 (75 FR 33311), FDA announced the additional years of support, subject to Industry Describing Product-Specific Bioequivalence Recommendations; availability of a guidance for industry the availability of funds. Future year Availability entitled ‘‘Bioequivalence amounts will depend on annual Recommendations for Specific appropriations and successful AGENCY: Food and Drug Administration, Products,’’ which explained the process performance. HHS. that would be used to make product- ACTION: Notice. B. Length of Support specific BE recommendations available SUMMARY: The Food and Drug to the public on FDA’s Web site at The award will provide 1 year of Administration (FDA) is announcing the http://www.fda.gov/Drugs/Guidance support, with the possibility of four availability of additional draft and ComplianceRegulatoryInformation/ additional years of support, contingent revised draft product-specific Guidances/default.htm. As described in upon satisfactory performance in the bioequivalence (BE) recommendations. that guidance, FDA adopted this process achievement of project and program The recommendations provide product- as a means to develop and disseminate reporting objectives during the specific guidance on the design of BE product-specific BE recommendations preceding year and the availability of studies to support abbreviated new drug and provide a meaningful opportunity Federal fiscal year appropriations. applications (ANDAs). In the Federal for the public to consider and comment Register of June 11, 2010, FDA on those recommendations. Under that III. Paper Application, Registration, announced the availability of a guidance process, draft recommendations are and Submission Information for industry entitled ‘‘Bioequivalence posted on FDA’s Web site and announced periodically in the Federal To submit a paper application in Recommendations for Specific Products,’’ which explained the process Register. The public is encouraged to response to this FOA, applicants should submit comments on those first review the full announcement that would be used to make product- specific BE recommendations available recommendations within 60 days of located at www.fda.gov/food/ to the public on FDA’s Web site. The BE their announcement in the Federal newsevents/default.htm. (FDA has recommendations identified in this Register. FDA considers any comments verified the Web site addresses notice were developed using the process received and either publishes final throughout this document, but FDA is described in that guidance. recommendations or publishes revised not responsible for any subsequent DATES: Although you can comment on draft recommendations for comment. changes to the Web sites after this any guidance at any time (see 21 CFR Recommendations were last announced document publishes in the Federal 10.115(g)(5)), to ensure that the Agency in the Federal Register of December 17, Register.) Persons interested in applying considers your comments on these draft 2012 (77 FR 74669). This notice for a grant may obtain an application at and revised draft guidances before it announces draft product-specific http://grants.nih.gov/grants/forms.htm. begins work on the final versions of the recommendations, either new or For all paper application submissions, guidances, submit either electronic or revised, that are being posted on FDA’s the following steps are required: written comments on the draft and Web site concurrently with publication revised draft product-specific BE of this notice. • Step 1: Obtain a Dun and Bradstreet recommendations listed in this notice (DUNS) Number II. Drug Products for Which New Draft by August 19, 2013. • Product-Specific BE Recommendations Step 2: Register With System for ADDRESSES: Submit written requests for Are Available Award Management (SAM) single copies of the individual BE FDA is announcing new draft • guidances to the Division of Drug Step 3: Register With Electronic product-specific BE recommendations Information, Center for Drug Evaluation Research Administration (eRA) for drug products containing the and Research, Food and Drug Commons following active ingredients: Administration, 10903 New Hampshire Steps 1 and 2, in detail, can be found Ave., Bldg. 51, Rm. 2201, Silver Spring, A at http://www07.grants.gov/applicants/ MD 20993–0002. Send one self- Apixaban organization_registration.jsp. Step 3, in addressed adhesive label to assist that Artemether; Lumefantrine Asenapine maleate detail, can be found at https:// office in processing your requests. See B commons.era.nih.gov/commons/ the SUPPLEMENTARY INFORMATION section Balsalazide disodium registration/registrationInstructions.jsp. for electronic access to the draft C After you have followed these steps, guidance recommendations. Cycloserine submit paper applications to the Grants Submit electronic comments on the Cyclosporine Management Officer/Specialist listed draft product-specific BE E Eltrombopag olamine above. recommendations to http:// www.regulations.gov. Submit written F Dated: June 14, 2013. comments to the Division of Dockets Fluoxetine Leslie Kux, Management (HFA–305), Food and Drug H Hydrochlorothiazide; Triamterene Assistant Commissioner for Policy. Administration, 5630 Fishers Lane, Rm. M [FR Doc. 2013–14673 Filed 6–19–13; 8:45 am] 1061, Rockville, MD 20852. Medroxyprogesterone (multiple reference BILLING CODE 4160–01–P FOR FURTHER INFORMATION CONTACT: Kris listed drugs) Andre´, Center for Drug Evaluation and Methyltestosterone

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Mirabegron number found in brackets in the INFORMATION section for electronic S heading of this document. The access to the guidance document. Sodium ferric gluconate guidances, notices, and received Submit electronic comments on the T comments may be seen in the Division guidance to http://www.regulations.gov. Timolol maleate Trientine of Dockets Management between 9 a.m. Submit written comments to the and 4 p.m., Monday through Friday, and Division of Dockets Management (HFA– III. Drug Products for Which Revised will be posted to the docket at http:// 305), Food and Drug Administration, Draft Product-Specific BE www.regulations.gov. 5630 Fishers Lane, rm. 1061, Rockville, Recommendations Are Available MD 20852. V. Electronic Access FDA is announcing revised draft FOR FURTHER INFORMATION CONTACT: product-specific BE recommendations Persons with access to the Internet Radhika Rajagopalan, Center for Drug for drug products containing the may obtain the document at either Evaluation and Research, Food and following active ingredients: http://www.fda.gov/Drugs/Guidance Drug Administration, 7500 Standish Pl., ComplianceRegulatoryInformation/ A MPN2, rm. 243, HFD–640, Rockville, Guidances/default.htm or http://www. MD 20855, 240–276–8546. Albuterol sulfate (multiple reference listed regulations.gov. drugs) SUPPLEMENTARY INFORMATION: Ambrisentan Dated: June 14, 2013. I. Background C Leslie Kux, Carbidopa; Entacapone; Levodopa Assistant Commissioner for Policy. FDA is announcing the availability of Colesevelam a guidance for industry entitled D [FR Doc. 2013–14675 Filed 6–19–13; 8:45 am] BILLING CODE 4160–01–P ‘‘ANDAs: Stability Testing of Drug Dexamethasone; Tobramycin (multiple Substances and Products.’’ Because of reference listed drugs and dosage forms) Didanosine increases in the number and complexity Drospirenone; Estradiol DEPARTMENT OF HEALTH AND of ANDAs and FDA’s desire to E HUMAN SERVICES standardize generic drug review, FDA is Entacapone recommending that the generic drug F Food and Drug Administration industry follow the approach in the Fentanyl citrate following stability related ICH I [Docket No. FDA–2012–D–0938] guidances: (1) ‘‘Q1A (R2) Stability Isotretinoin Testing of New Drug Substances and M Products,’’ November 2003; (2) ‘‘Q1B Minocycline hydrochloride Guidance for Industry; Guidance on P Abbreviated New Drug Applications: Photostability Testing of New Drug Phentermine hydrochloride; Topiramate Stability Testing of Drug Substances Substances and Products,’’ November T and Products; Availability 1996; (3) ‘‘Q1C Stability Testing for New Tenofovir disoproxil fumarate Dosage Forms,’’ November 1996; (4) Topiramate (multiple reference listed drugs AGENCY: Food and Drug Administration, ‘‘Q1D Bracketing and Matrixing Designs and dosage forms) HHS. for Stability Testing of New Drug For a complete history of previously ACTION: Notice. Substances and Products,’’ January 2003; and (5) ‘‘Q1E Evaluation of published Federal Register notices SUMMARY: The Food and Drug Stability Data,’’ June 2004. These related to product-specific BE Administration (FDA or Agency) is recommendations, please go to http:// guidances can be found on the FDA announcing the availability of a Guidances (Drugs) Web site under www.regulations.gov and enter docket guidance entitled ‘‘ANDAs: Stability number FDA–2007–D–0369. International Conference on Testing of Drug Substances and Harmonisation—Quality at http:// These draft and revised draft Products.’’ FDA is recommending guidances are being issued consistent www.fda.gov/Drugs/Guidance generic drug manufacturers follow the ComplianceRegulatoryInformation/ with FDA’s good guidance practices stability testing recommendations in the regulation (21 CFR 10.115). These Guidances/ucm065005.htm. FDA also International Conference on recommends that industry follow the guidances represent the Agency’s Harmonisation (ICH) guidances Q1A current thinking on product-specific ICH outlined definitions, glossaries, (R2) through Q1E. The use of these ICH references, and attachments. design of BE studies to support ANDAs. recommendations will standardize They do not create or confer any rights Although the ICH stability guidances FDA’s stability testing policies, which were developed for new drug for or on any person and do not operate will help make the abbreviated new to bind FDA or the public. An applications to ensure the stability of drug application (ANDA) review new drug substances and products, FDA alternative approach may be used if process more efficient. such approach satisfies the believes the recommendations provided requirements of the applicable statutes DATES: Submit either electronic or in the ICH guidances on stability testing and regulations. written comments on Agency guidances also are appropriate for ANDAs. FDA is at any time. recommending that applicants follow IV. Comments ADDRESSES: Submit written requests for the ICH stability guidances for all Interested persons may submit either single copies of the guidance to the ANDA submissions under section 505(j) electronic comments on any of the Division of Drug Information, Center for of the Federal Food Drug, and Cosmetic specific BE recommendations posted on Drug Evaluation and Research, Food Act (21 U.S.C. 355(j)) and relying on FDA’s Web site to http:// and Drug Administration, 10903 New drug master files. www.regulations.gov or written Hampshire Ave., Bldg. 51, rm. 2201, This guidance also replaces stability comments to the Division of Dockets Silver Spring, MD 20993–0002. Send study storage condition Management (see ADDRESSES). It is only one self-addressed adhesive label to recommendations made by the Office of necessary to send one set of comments. assist the office in processing your Generic Drugs (OGD) in an August 18, Identify comments with the docket requests. See the SUPPLEMENTARY 1995, letter to all ANDA applicants.

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That letter stated that OGD would DEPARTMENT OF HEALTH AND provisions set forth in sections accept ANDAs with the ICH HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., recommended long-term room as amended. The grant applications and temperature conditions for stability National Institutes of Health the discussions could disclose studies, 25 ± 2° C, 60 ± 5 percent RH. confidential trade secrets or commercial Eunice Kennedy Shriver National property such as patentable material, On September 25, 2012 (77 FR 58999), Institute of Child Health & Human and personal information concerning FDA announced the availability of draft Development; Notice of Meeting guidance for industry on ‘‘ANDAs: individuals associated with the grant Stability Testing of Drug Substances and Pursuant to section 10(d) of the applications, the disclosure of which Products.’’ The public comment period Federal Advisory Committee Act, as would constitute a clearly unwarranted closed on December 24, 2012. We are amended (5 U.S.C. App.), notice is invasion of personal privacy. finalizing the guidance with minor hereby given of the following meeting. Name of Committee: National Institute on changes and intend to publish a draft The meeting will be open to the Aging Special Emphasis Panel; NIA DBSR public, with attendance limited to space guidance to address the public DATASETS. available. Individuals who plan to comments in a question-and-answer Date: July 11–12, 2013. attend and need special assistance, such format in the near future. Time: 9:00 a.m. to 6:00 p.m. as sign language interpretation or other Agenda: To review and evaluate grant This guidance is being issued reasonable accommodations, should applications. consistent with FDA’s good guidance notify the contact person listed below in Place: Bethesda North Marriott Hotel & practices regulation (21 CFR 10.115). advance of the meeting. Conference Center, 5701 Marinelli Road, The guidance represents the Agency’s Name of Committee: National Institute of Bethesda, MD 20852. current thinking on this stability testing Child Health and Human Development Contact Person: Alfonso Latoni, Ph.D., for generic drug substances and Special Emphasis Panel; Cardio-metabolic Scientific Review Branch, National Institute products. It does not create or confer risk and epigenetic differences among on Aging, Gateway Building, 7201 Wisconsin any rights for or on any person and does children conceives by infertility. Avenue, Suite 2C212, Bethesda, MD 20892, Date: July 1, 2013. 301–402–7702, [email protected]. not operate to bind FDA or the public. Time: 1:00 p.m. to 5:00 p.m. An alternative approach may be used if Agenda: To provide concept review. Name of Committee: National Institute on such approach satisfies the Place: National Institutes of Health, 6100 Aging Special Emphasis Panel; requirements of the applicable statutes Executive Boulevard, Rockville, MD 20852 Osteoimmunology. and regulations. (Telephone Conference Call). Date: July 11, 2013. Contact Person: Sathasiva B. Kandasamy, Time: 1:00 p.m. to 5:00 p.m. II. Comments Ph.D., Scientific Review Officer, Division of Agenda: To review and evaluate grant Scientific Review, National Institute of Child applications. Interested persons may submit either Health and Human Development, 6100 Place: National Institute on Aging, Executive Boulevard, Rockville, MD 20892– electronic comments regarding this Gateway Building, 7201 Wisconsin Avenue, 9304, (301) 435–6680, document to http://www.regulations.gov Suite 2C212, Bethesda, MD 20814, or written comments to the Division of [email protected]. This notice is being published less than 15 (Telephone Conference Call). Dockets Management (see ADDRESSES). It days prior to the meeting due to the timing Contact Person: Elaine Lewis, Ph.D., is only necessary to send one set of limitations imposed by the review and Scientific Review Branch, National Institute comments. Identify comments with the funding cycle. on Aging, Gateway Building, 7201 Wisconsin docket number found in brackets in the (Catalogue of Federal Domestic Assistance Avenue, Suite 2C212, Bethesda, MD 20892, heading of this document. Received Program Nos. 93.864, Population Research; 301–402–7707, [email protected]. comments may be seen in the Division 93.865, Research for Mothers and Children; Name of Committee: National Institute on of Dockets Management between 9 a.m. 93.929, Center for Medical Rehabilitation Aging Special Emphasis Panel; Treatment of Research; 93.209, Contraception and Obesity in Older Adults. and 4 p.m., Monday through Friday and Infertility Loan Repayment Program, National will be posted to the docket at http:// Institutes of Health, HHS) Date: July 18, 2013. www.regulations.gov. Time: 12:00 p.m. to 4:00 p.m. Dated: June 14, 2013. Agenda: To review and evaluate grant III. Electronic Access Michelle Trout, applications. Program Analyst, Office of Federal Advisory Place: National Institute on Aging, Persons with access to the Internet Committee Policy. Gateway Building, 7201 Wisconsin Avenue, may obtain the document at either [FR Doc. 2013–14649 Filed 6–19–13; 8:45 am] Suite 2C212, Bethesda, MD 20814, http://www.regulations.gov or http:// BILLING CODE 4140–01–P (Telephone Conference Call). www.fda.gov/Drugs/Guidance Contact Person: Elaine Lewis, Ph.D., ComplianceRegulatoryInformation/ Scientific Review Branch, National Institute Guidances/default.htm. DEPARTMENT OF HEALTH AND on Aging, Gateway Building, 7201 Wisconsin Dated: June 14, 2013. HUMAN SERVICES Avenue, Suite 2C212, Bethesda, MD 20892, 301–402–7707, [email protected]. Leslie Kux, National Institutes of Health (Catalogue of Federal Domestic Assistance Assistant Commissioner for Policy. National Institute on Aging; Notice of Program Nos. 93.866, Aging Research, [FR Doc. 2013–14674 Filed 6–19–13; 8:45 am] National Institutes of Health, HHS) BILLING CODE 4160–01–P Closed Meetings Dated: June 14, 2013. Pursuant to section 10(d) of the Federal Advisory Committee Act, as Melanie J. Gray, amended (5 U.S.C. App.), notice is Program Analyst, Office of Federal Advisory hereby given of the following meetings. Committee Policy. The meetings will be closed to the [FR Doc. 2013–14647 Filed 6–19–13; 8:45 am] public in accordance with the BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6100 HUMAN SERVICES Program Nos. 93.233, National Center for Executive Boulevard, Rockville, MD 20852 Sleep Disorders Research; 93.837, Heart and (Telephone Conference Call). National Institutes of Health Vascular Diseases Research; 93.838, Lung Contact Person: Sathasiva B. Kandasamy, Diseases Research; 93.839, Blood Diseases Ph.D., Scientific Review Officer, Division of National Heart, Lung, and Blood and Resources Research, National Institutes of Health, HHS) Scientific Review, National Institute of Child Institute; Notice of Closed Meetings Health and Human Development, 6100 Dated: June 14, 2013. Executive Boulevard, Rockville, MD 20892– Pursuant to section 10(d) of the Michelle Trout, Federal Advisory Committee Act, as 9304, (301) 435–6680, Program Analyst, Office of Federal Advisory [email protected]. amended (5 U.S.C. App.), notice is Committee Policy. hereby given of the following meetings. Name of Committee: National Institute of The meetings will be closed to the [FR Doc. 2013–14646 Filed 6–19–13; 8:45 am] Child Health and Human Development public in accordance with the BILLING CODE 4140–01–P Special Emphasis Panel; Diet, Obesity, and provisions set forth in sections Weight Change in Pregnancy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 18, 2013. DEPARTMENT OF HEALTH AND Time: 1:00 p.m. to 4:00 p.m. as amended. The grant applications and HUMAN SERVICES the discussions could disclose Agenda: To review and evaluate contract proposals. confidential trade secrets or commercial National Institutes of Health property such as patentable material, Place: National Institutes of Health, 6100 and personal information concerning Eunice Kennedy Shriver National Executive Boulevard, Rockville, MD 20852 individuals associated with the grant Institute Of Child Health & Human (Telephone Conference Call). applications, the disclosure of which Development; Notice of Closed Contact Person: Sathasiva B. Kandasamy, would constitute a clearly unwarranted Meetings Ph.D., Scientific Review Officer, Division of invasion of personal privacy. Scientific Review, National Institute of Child Pursuant to section 10(d) of the Health and Human Development, 6100 Name of Committee: National Heart, Lung, Federal Advisory Committee Act, as Executive Boulevard, Rockville, MD 20892– and Blood Institute Special Emphasis Panel; 9304, (301) 435–6680, Mechanisms of HIV-Related Lung Disease: amended (5 U.S.C. App.), notice is [email protected]. Clinical/Basic Research Centers. hereby given of the following meeting. Date: July 10–11, 2013. The meeting will be closed to the Name of Committee: National Institute of Time: 12:30 p.m. to 10:00 a.m. public in accordance with the Child Health and Human Development Agenda: To review and evaluate grant provisions set forth in sections Special Emphasis Panel; 68–2 Diet, Obesity, applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Weight Change in Pregnancy. Place: Crystal City Marriott, 1999 Jefferson as amended. The contract proposals and Date: July 31, 2013. Davis Highway, Arlington, VA 22202. the discussions could disclose Time: 1:00 p.m. to 4:00 p.m. Contact Person: William J Johnson, Ph.D., Agenda: To review and evaluate contract Scientific Review Officer, Office of Scientific confidential trade secrets or commercial Review/DERA, National Heart, Lung, and property such as patentable material, proposals. Blood Institute, 6701 Rockledge Drive, Room and personal information concerning Place: National Institutes of Health, 6100 7178, Bethesda, MD 20892–7924, 301–435– individuals associated with the contract Executive Boulevard, Rockville, MD 20852 0725, [email protected]. proposals, the disclosure of which (Telephone Conference Call). Name of Committee: National Heart, Lung, would constitute a clearly unwarranted Contact Person: Sathasiva B. Kandasamy, and Blood Institute Special Emphasis Panel; invasion of personal privacy. Ph.D., Scientific Review Officer, Division of Mechanisms of HIV-Related Lung Disease: Scientific Review, National Institute of Child Name of Committee: National Institute of Data Coordinating Center. Health and Human Development, 6100 Date: July 11, 2013. Child Health and Human Development Special Emphasis Panel; Biomedical Analysis Executive Boulevard, Rockville, MD 20892– Time: 10:00 a.m. to 3:00 p.m. 9304, (301) 435–6680, Agenda: To review and evaluate grant of Human Specimens for Despr. [email protected]. applications. Date: July 10, 2013. Place: Crystal City Marriott, 1999 Jefferson Time: 1:00 p.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Davis Highway, Arlington, VA 22202. Agenda: To review and evaluate contract Program Nos. 93.864, Population Research; Contact Person: William J Johnson, Ph.D., proposals. 93.865, Research for Mothers and Children; Place: National Institutes of Health, 6100 Scientific Review Officer, Office of Scientific 93.929, Center for Medical Rehabilitation Review/DERA, National Heart, Lung, and Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). Research; 93.209, Contraception and Blood Institute, 6701 Rockledge Drive, Room Infertility Loan Repayment Program, National 7178, Bethesda, MD 20892–7924, 301–435– Contact Person: Sathasiva B. Kandasamy, Institutes of Health, HHS) 0725, [email protected]. Ph.D., Scientific Review Officer, Division of Scientific Review, National Institute of Child Name of Committee: National Heart, Lung, Dated: June 14, 2013. Health and Human Development, 6100 and Blood Institute Special Emphasis Panel; Executive Boulevard, Rockville, MD 20892– Michelle Trout, NHLBI T32 Institutional Diversity Training 9304, (301) 435–6680, Program Analyst, Office of Federal Advisory Grants. [email protected]. Date: July 11, 2013. Committee Policy. Time: 1:00 p.m. to 2:30 p.m. This notice is being published less than 15 [FR Doc. 2013–14648 Filed 6–19–13; 8:45 am] Agenda: To review and evaluate grant days prior to the meeting due to the timing BILLING CODE 4140–01–P applications. limitations imposed by the review and Place: National Institutes of Health, 6701 funding cycle. Rockledge Drive, Room 7189, Bethesda, MD Name of Committee: National Institute of 20892, (Telephone Conference Call). Child Health and Human Development Contact Person: Stephanie L Constant, Special Emphasis Panel; Multiple Data Ph.D., Scientific Review Officer, Office of Coordinating Center for Despr. Scientific Review/DERA, National Heart, Date: July 16, 2013. Lung, and Blood Institute, 6701 Rockledge Time: 1:00 p.m. to 5:00 p.m. Drive, Room 7189, Bethesda, MD 20892, 301– Agenda: To review and evaluate contract 443–8784, [email protected]. proposals.

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DEPARTMENT OF HEALTH AND napthylfenoterol, (R,R′)-ethyl- Dated; June 14, 2013. HUMAN SERVICES napthylfenoterol, and (R,R′)-4′-amino-1- Richard U. Rodriguez, ′ ′ napthylfenoterol, (R,R )-4 -hydroxy-1- Director, Division of Technology Development National Institutes of Health napthylfenoterol, (R,R′)-4-methoxy- & Transfer, Office of Technology Transfer, ethylfenoterol, (R,R′)-methoxyfenoterol, National Institutes of Health. ′ ′ Prospective Grant of Exclusive (R,R )-ethylfenoterol, (R,R )-fenoterol; and [FR Doc. 2013–14645 Filed 6–19–13; 8:45 am] License: Start-Up Commercial License their respective stereoisomers. BILLING CODE 4140–01–P for the Development of Fenoterol and Licensed Field of Use II: An exclusive Fenoterol Analogues for the Treatment license to the Patent Rights for research, of Brain, Liver, and Pancreatic Cancers development, and manufacture of Licensed DEPARTMENT OF THE INTERIOR and Congestive Heart Failure Products incorporating the Licensed Patent Rights; and distribution, sale, and use of such AGENCY: National Institutes of Health, Bureau of Land Management Licensed Products in humans for the HHS. treatment of congestive heart failure within [LLMT921000–13–L13200000–EL0000–P; ACTION: Notice. the Licensed Territory. NDM 105349] SUMMARY: This is notice, in accordance DATES: Only written comments or Notice of Invitation; Coal Exploration with 35 U.S.C. 209(c)(1) and 37 CFR applications for a license (or both) License Application NDM 105349, ND Part 404.7(a)(1)(i), that the National which are received by the NIH Office of AGENCY: Bureau of Land Management, Institutes of Health, Department of Technology Transfer on or before July 5, Interior. Health and Human Services, is 2013 will be considered. contemplating the grant to Mitchell ACTION: Notice. Woods Pharmaceuticals, LLC, of an ADDRESSES: Requests for copies of the exclusive commercialization license to patent application, inquiries, comments, SUMMARY: Members of the public are practice the inventions embodied in the and other materials relating to the invited to participate with BNI Coal Ltd. following U.S. Patent Applications (and contemplated exclusive evaluation on a pro rata cost sharing basis in a all continuing applications and foreign option license should be directed to: program for the exploration of coal counterparts): Serial No. 61/651,961, Patrick McCue, Ph.D., Licensing and deposits owned by the United States of filed May 25, 2012, entitled, ‘‘Methods Patenting Manager, Office of America in lands located in Oliver of Regulating Cannabinoid Receptor Technology Transfer, National Institutes County, North Dakota, encompassing Activity-related Disorders and Diseases’’ of Health, 6011 Executive Boulevard, 480 acres. [HHS Reference E–139–2012/0–US–1]; Suite 325, Rockville, MD 20852–3804; DATES: Any party seeking to participate Serial No. 61/789,629, filed March 15, Telephone: (301) 435–5560; Facsimile: in this exploration program must send 2013, entitled, ‘‘Methods of Regulating (301) 402–0220; Email: written notice to both the Bureau of Cannabinoid Receptor Activity-related [email protected]. Land Management (BLM) and BNI Coal Disorders and Diseases’’ [HHS Reference Ltd. as provided in the ADDRESSES E–139–2012/1–US–1]; Serial No. 61/ SUPPLEMENTARY INFORMATION: This section below no later than July 22, 312,642, filed March 10, 2010, entitled, invention concerns the use of fenoterol 2013 or 10 calendar days after the last ‘‘The Use of Fenoterol and Fenoterol analogues in treatments for tumors publication of this Notice in the Analogues in the Treatment of expressing a cannabinoid receptor, and Bismarck Tribune newspaper, Glioblastomas and Astrocytomas’’ [HHS in treatments for congestive heart whichever is later. This Notice will be Reference E–013–2010/0–US–01]; Serial failure. published once a week for 2 consecutive weeks in the Bismarck Tribune, No. 60/837,161, filed August 10, 2006, The prospective exclusive Bismarck, North Dakota. Such written entitled, ‘‘Preparation of R,R-Fenoterol commercialization license is being and R,R-Fenoterol Analogues and Their notice must refer to serial number NDM considered under the small business Use in Congestive Heart Failure’’ [HHS 105349. initiative launched on 1 October 2011, Reference E–205–2006/0–US–1]; and ADDRESSES: and will comply with the terms and The proposed exploration Serial No. 60/927,825, filed May 3, license and plan are available for review conditions of 35 U.S.C. 209 and 37 CFR 2007, entitled ‘‘Preparation of R,R- from 9 a.m. to 4 p.m., Monday through 404.7. The prospective exclusive Fenoterol and R,R-Fenoterol Analogues Friday, in the public room at the BLM commercialization license may be and Their Use in Congestive Heart Montana State Office, 5001 Southgate granted unless the NIH receives written Failure’’ [HHS Reference E–205–2006/ Drive, Billings, Montana. 1–US–1]. The patent rights in these evidence and argument that establishes A written notice to participate in the inventions have been assigned or that the grant of the license would not exploration license should be sent to the exclusively licensed to the Government be consistent with the requirements of State Director, BLM Montana State of the United States of America. 35 U.S.C. 209 and 37 CFR part 404.7 Office, 5001 Southgate Drive, Billings, The prospective exclusive within fifteen (15) days from the date of MT 59101–4669 and BNI Coal, 2360 commercialization license territory may this published notice. 35th Ave. SW., Center, ND 58530. be worldwide, and the scope may be Complete applications for a license in FOR FURTHER INFORMATION CONTACT: limited to the following two fields of the field of use filed in response to this Anne Allen by telephone at 406–896– use: notice will be treated as objections to 5082 or by email at [email protected]; or Licensed Field of Use I: An exclusive the grant of the contemplated exclusive Kym Dowdle by telephone at 406–896– license to the Patent Rights for research, commercialization license. Comments 5046 or by email at [email protected]. development, manufacture, distribution, sale, and objections submitted to this notice Persons who use a telecommunications and use in humans for the treatment of brain will not be made available for public device for the deaf (TDD) may call the cancer, liver cancer, or pancreatic cancer within the Licensed Territory of (R,R′)-4′- inspection and, to the extent permitted Federal Information Relay Service methoxy-1-napthylfenoterol (MNF), (R,S′)-4′- by law, will not be released under the (FIRS) at 1–800–877–8339 to contact the methoxy-1-napthylfenoterol, (R,R′)- Freedom of Information Act, 5 U.S.C. above individual during normal ethylMNF, (R,R′)-napthylfenoterol, (R,S′) 552. business hours. The FIRS is available 24

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hours a day, 7 days a week, to leave a scheduled to expire on June 30, 2013. still photography, construction, and message or question with the above We may not conduct or sponsor and a vehicle access. individual. You will receive a reply person is not required to respond to a We currently use Forms 10–930 during normal business hours. collection of information unless it (Application for Special Use Permit), SUPPLEMENTARY INFORMATION: The displays a currently valid OMB Control 10–931 (Application for Special Use exploration activities will be performed Number. However, under OMB Permit—Commercial Filming/Still pursuant to the Mineral Leasing Act of regulations, we may continue to Photography (short form)), and 10–932 1920, as amended, 30 U.S.C. 201(b), and conduct or sponsor this information (Application for Special Use Permit— to the regulations at 43 CFR part 3410. collection while it is pending at OMB. Commercial Filming/Still Photography The purpose of the exploration program DATES: You must submit comments on (long form)) to collect information for is to gain additional geologic knowledge or before July 22, 2013. special use permits. In order to reduce of the coal underlying the exploration ADDRESSES: Send your comments and paperwork burden on the public, we are area for the purpose of assessing the suggestions on this information proposing two additional forms, which coal resources. The exploration program collection to the Desk Officer for the will require less information than the is fully described and will be conducted Department of the Interior at OMB– existing forms: pursuant to an exploration license and OIRA at (202) 395–5806 (fax) or • Form 10–930s (Application for plan approved by the BLM. The [email protected] Special Use Permit (short form)). The exploration plan may be modified to (email). Please provide a copy of your short form will reduce the burden on accommodate the legitimate exploration comments to the Information Collection applicants for smaller, less complicated needs of persons seeking to participate. Clearance Officer, National Park activities, such as small picnics, The lands to be explored for coal Service, 1201 I Street NW., MS 1237, gatherings, weddings, etc. deposits in exploration license NDM Washington, DC 20005 (mail); or • Form 10–933 (Application for 105349 are described as follows: [email protected] (email). Special Use Permit—Vehicle/Watercraft Fifth Principal Meridian, North Dakota Please reference OMB Control Number Use). This new form applies specifically 1024–0026 in the subject line of your to vehicle access, such as off-road, over T. 142 N., R. 84 W., Sec. 20, NE1⁄4 and W1⁄2. sand, or commercial vehicle access. We The area described contains 480 acres. comments. FOR FURTHER INFORMATION CONTACT: To will only request information specific to The Federal coal within the lands the activity, eliminating unneeded described for exploration license NDM request additional information about this ICR, contact Lee Dickinson, Special information. 105349 is currently unleased for The information we collect in the development of Federal coal reserves. Park Uses National Manager, at [email protected] (email) or 202– special use applications allows park Phillip C. Perlewitz, 513–7092 (telephone). You may review managers to determine if the requested Chief, Branch of Solid Minerals. the ICR online at http:// use is consistent with the laws and NPS [FR Doc. 2013–14637 Filed 6–19–13; 8:45 am] www.reginfo.gov. Follow the regulations referenced above and with the public interest. The park manager BILLING CODE 4310–DN–P instructions to review Department of the Interior collections under review by must also determine that the requested OMB. activity will not cause unacceptable impacts to park resources and values. DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: II. Data National Park Service I. Abstract OMB Control Number: 1024–0026. [NPS–WASO–VRP–REGS–12057; Under 16 U.S.C. 1 (National Park PPWOVPAU0, PPMPSPD1Y.M0000] Service Act Organic Act), we must Title: Special Park Use Applications preserve America’s natural wonders (portions of 36 CFR 1—7, 13, 20, and Information Collection Request Sent to unimpaired for future generations, 34). the Office of Management and Budget while also making them available for the Form Numbers: 10–930, (OMB) for Approval; Special Park Use enjoyment of the visitor. Meeting this 10–930s, 10–931, 10–932, and 10–933. Applications mandate requires that we balance Type of Request: Revision of a currently approved collection of AGENCY: National Park Service, Interior. preservation with use. Maintaining a information. ACTION: Notice; request for comments. good balance requires both information and limits. In accordance with Description of Respondents: SUMMARY: We (National Park Service, regulations at 36 CFR parts 1–7, 13, 20, Individuals or households; not-for-profit NPS) have sent an Information and 34, we issue permits for special entities; businesses or other for-profit Collection Request (ICR) to OMB for park uses. Special park uses cover a entities; and Federal, State, local and review and approval. We summarize the wide range of activities including, but tribal governments. ICR below and describe the nature of the not limited to, special events, First Respondent’s Obligation: Required to collection and the estimated burden and Amendment activities, grazing and obtain or retain a benefit. cost. This information collection is agricultural use, commercial filming, Frequency of Collection: On occasion.

Completion Number of Number of time per Estimated total Activity respondents responses response annual burden (in hours) hours

10–930 ...... 9,500 9,500 .5 4,750 hour 10–930s ...... 5,200 5,200 .25 1,300 10–931 ...... 2,655 2,655 .25 664 10–932 ...... 760 760 .5 380

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Completion Number of Number of time per Estimated total Activity respondents responses response annual burden (in hours) hours

10–933 ...... 20,350 20,350 .25 5,088

Totals ...... 38,465 38,465 ...... 12,182

Estimated Annual Nonhour Burden INTERNATIONAL TRADE countervailing duty investigations. The Cost: $2,884,875 for application fees. COMMISSION Secretary will prepare a public service list containing the names and addresses III. Comments [Investigation Nos. 731–TA–1207–1209 of all persons, or their representatives, (Preliminary)] On January 7, 2013, we published in who are parties to the investigations. the Federal Register (78 FR 957) a Prestressed Concrete Steel Rail Tie Background notice of our intent to request that OMB Wire From China, Mexico, and Thailand renew approval for this information On April 23, 2013, a petition was filed Determinations collection. In that notice, we solicited with the Commission and Commerce by comments for 60 days, ending on March On the basis of the record 1 developed Davis Wire Corp. of Kent, WA and 8, 2013. We received one comment. The in the subject investigations, the United Insteel Wire Product Co. of Mount Airy, commenter did not address the States International Trade Commission NC, alleging that an industry in the information collection requirements. (Commission) determines, pursuant to United States is materially injured or section 733(a) of the Tariff Act of 1930 threatened with material injury by We again invite comments concerning (19 U.S.C. 1673b(a)) (the Act), that there this information collection on: reason of LTFV imports of prestressed is a reasonable indication that an concrete steel rail tie wire from China, • Whether or not the collection of industry in the United States is Mexico, and Thailand. Accordingly, information is necessary, including materially injured by reason of imports effective April 23, 2013, the whether or not the information will from China, Mexico, and Thailand of Commission instituted antidumping have practical utility; prestressed concrete steel rail tie wire, duty investigation Nos. 731–TA–1207– provided for in subheading 7217.10.80 • The accuracy of our estimate of the 1209 (Preliminary). burden for this collection of of the Harmonized Tariff Schedule of the United States, that are alleged to be Notice of the institution of the information; sold in the United States at less than fair Commission’s investigations and of a • Ways to enhance the quality, utility, value (LTFV). public conference to be held in and clarity of the information to be connection therewith was given by collected; and Commencement of Final Phase Investigations posting copies of the notice in the Office • Ways to minimize the burden of the of the Secretary, U.S. International collection of information on Pursuant to section 207.18 of the Trade Commission, Washington, DC, respondents. Commission’s rules, the Commission and by publishing the notice in the also gives notice of the commencement Comments that you submit in Federal Register of April 30, 2013 (78 of the final phase of its investigations. FR 25303). The conference was held in response to this notice are a matter of The Commission will issue a final phase public record. Before including your Washington, DC, on May 14, 2013, and notice of scheduling, which will be all persons who requested the address, phone number, email address, published in the Federal Register as opportunity were permitted to appear in or other personal identifying provided in section 207.21 of the person or by counsel. information in your comment, you Commission’s rules, upon notice from should be aware that your entire the Department of Commerce The Commission filed its comment, including your personal (Commerce) of affirmative preliminary determinations on the agency’s identifying information, may be made determinations in the investigations electronic document information system publicly available at any time. While under section 733(b) of the Act, or, if the (EDIS) on June 14, 2013. The views of you can ask OMB in your comment to preliminary determinations are the Commission are contained in USITC withhold your personal identifying negative, upon notice of affirmative Publication 4397 (June 2013), entitled information from public review, we final determinations in those Prestressed Concrete Steel Rail Tie Wire cannot guarantee that it will be done. investigations under section 735(a) of from China, Mexico, and Thailand: the Act. Parties that filed entries of Dated: June 14, 2013. Investigation Nos. 731–TA–1207–1209 appearance in the preliminary phase of (Preliminary). Madonna L. Baucum, these investigations need not enter a Information Collection Clearance Officer, separate appearance for the final phase By order of the Commission. National Park Service. of the investigations. Industrial users, Issued: June 14, 2013. [FR Doc. 2013–14695 Filed 6–19–13; 8:45 am] and, if the merchandise under Lisa R. Barton, BILLING CODE 4310–EH–P investigation is sold at the retail level, Acting Secretary to the Commission. representative consumer organizations [FR Doc. 2013–14680 Filed 6–19–13; 8:45 am] have the right to appear as parties in BILLING CODE 7020–02–P Commission antidumping and

1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)).

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INTERNATIONAL TRADE Substances Act (CSA) and assessment of available in the public docket in the first COMMISSION annual needs for the list I chemicals paragraph of your comment and identify ephedrine, pseudoephedrine, and what information you want redacted. [USITC SE–13–015] phenylpropanolamine, as well as to If you want to submit confidential Sunshine Act Meeting Notice establish the 2013 aggregate production business information as part of your quotas for three recently temporarily comment, but do not want it to be AGENCY HOLDING THE MEETING: United scheduled substances. posted online or made available in the States International Trade Commission. DATES: Electronic comments must be public docket, you must include the phrase ‘‘CONFIDENTIAL BUSINESS TIME AND DATE: June 28, 2013 at 11:00 submitted and written comments must a.m. be postmarked on or before July 22, INFORMATION’’ in the first paragraph 2013. The electronic Federal Docket of your comment. You must also PLACE: Room 101, 500 E Street SW., Management System will not accept prominently identify confidential Washington, DC 20436, Telephone: business information to be redacted (202) 205–2000. comments after midnight Eastern Time on the last day of the comment period. within the comment. If a comment has STATUS: Open to the public. ADDRESSES: To ensure proper handling so much confidential business MATTERS TO BE CONSIDERED: of comments, please reference ‘‘Docket information that it cannot be effectively 1. Agendas for future meetings: None. No. DEA–365’’ on all electronic and redacted, all or part of that comment 2. Minutes. written correspondence. DEA may not be posted online or made 3. Ratification List. encourages all comments be submitted available in the public docket. 4. Vote in Inv. Nos. 731–TA–1210–1212 electronically through http:// Personal identifying information and (Preliminary) (Welded Stainless www.regulations.gov using the confidential business information Steel Pressure Pipe from Malaysia, electronic comment form provided on identified and located as set forth above Thailand, and Vietnam). The that site. An electronic copy of this will be redacted, and the comment, in Commission is currently scheduled document is also available at http:// redacted form, will be posted online and to transmit its determinations to the www.regulations.gov for easy reference. placed in the DEA’s public docket file. Secretary of Commerce on or before Paper comments that duplicate the Please note that the Freedom of July 1, 2013; Commissioners’ electronic submission are not necessary Information Act applies to all comments opinions are currently scheduled to and are strongly discouraged as all received. If you wish to inspect the be transmitted to the Secretary of comments submitted to agency’s public docket file in person by FOR Commerce on or before July 9, 2013. www.regulations.gov will be posted for appointment, please see the FURTHER INFORMATION CONTACT 5. Outstanding action jackets: None. public review and are part of the official In accordance with Commission docket record. Should you, however, paragraph. policy, subject matter listed above, not wish to submit written comments via Background disposed of at the scheduled meeting, regular or express mail, they should be Section 306 of the CSA (21 U.S.C. may be carried over to the agenda of the sent to the Drug Enforcement 826) requires the Attorney General to following meeting. Administration, Attention: DEA Federal establish aggregate production quotas Issued: June 18, 2013. Register Representative/ODL, 8701 for each basic class of controlled By order of the Commission. Morrissette Drive, Springfield, VA substance listed in schedules I and II William R. Bishop, 22152. and for ephedrine, pseudoephedrine, Supervisory Hearings and Information FOR FURTHER INFORMATION CONTACT: John and phenylpropanolamine. This Officer. W. Partridge, Executive Assistant, Office responsibility has been delegated to the [FR Doc. 2013–14807 Filed 6–18–13; 11:15 am] of Diversion Control, Drug Enforcement Administrator of the DEA through 28 BILLING CODE 7020–02–P Administration, 8701 Morrissette Drive, CFR 0.100. The Administrator, in turn, Springfield, VA 22152; Telephone: (202) has redelegated this function to the 307–7165. Deputy Administrator, pursuant to 28 DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: CFR 0.104. DEA published the 2013 established aggregate production quotas Posting of Public Comments Drug Enforcement Administration for controlled substances in schedules I All comments received are considered and II and assessment of annual needs [Docket No. DEA–365] part of the public record and made for the list I chemicals ephedrine, Proposed Adjustments to the available for public inspection online at pseudoephedrine, and Aggregate Production Quotas for http://www.regulations.gov and in the phenylpropanolamine in the Federal Schedule I and II Controlled DEA’s public docket. Such information Register (77 FR 59980) on October 1, Substances and Assessment of includes personal identifying 2012. That notice stipulated that, as Annual Needs for the List I Chemicals information (such as your name, provided for in 21 CFR 1303.13 and 21 Ephedrine, Pseudoephedrine, and address, etc.) voluntarily submitted by CFR 1315.13, all aggregate production Phenylpropanolamine for 2013 the commenter. quotas and assessments of annual need If you want to submit personal are subject to adjustment. AGENCY: Drug Enforcement identifying information (such as your Administration (DEA), Department of name, address, etc.) as part of your Analysis for Proposed Aggregate Justice. comment, but do not want it to be Production Quotas for Temporarily Scheduled Substances ACTION: Notice with request for posted online or made available in the comments. public docket, you must include the On May 16, 2013, the Deputy phrase ‘‘PERSONAL IDENTIFYING Administrator issued a final order to SUMMARY: This notice proposes to adjust INFORMATION’’ in the first paragraph temporarily schedule three synthetic the 2013 aggregate production quotas for of your comment. You must also place cannabinoids in schedule I of the CSA: several controlled substances in all the personal identifying information (1-Pentyl-1H-indol-3-yl)(2,2,3,3- schedules I and II of the Controlled you do not want posted online or made tetramethylcyclopropyl)methanone

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(UR–144); [1-(5-fluoro-pentyl)-1H-indol- 2013 to provide for the estimated dosage form manufacturers, and other 3-yl](2,2,3,3- medical, scientific, research, and pertinent information. In determining tetramethylcyclopropyl)methanone industrial needs of the United States, the proposed revised 2013 assessment of (XLR11); and N-(1-adamantyl)-1-pentyl- lawful export requirements, and the annual needs, DEA used the calculation 1H-indazole-3-carboxamide (AKB48). establishment and maintenance of methodology previously described in See 78 FR 28735. DEA has received reserve stocks. These quotas do not the 2010 and 2011 assessment of annual applications for registration and quota include imports of controlled needs (74 FR 60294 and 75 FR 79407, for these temporarily scheduled substances for use in industrial respectively). substances. In examining the processes. DEA is not proposing to As described in the previously information provided by the applicants, adjust the assessment of annual needs published notice establishing the 2013 along with other information, DEA finds for the list I chemicals ephedrine, aggregate production quotas and that there is a current need for these pseudoephedrine, and assessment of annual needs, DEA has substances. Aggregate production quotas phenylpropanolamine at this time. specifically considered that inventory In proposing the adjustment, DEA has represent those quantities of schedule I allowances granted to individual taken into account the criteria that DEA and II controlled substances to be manufacturers may not always result in is required to consider in accordance manufactured in the United States in the availability of sufficient quantities to with 21 CFR 1303.13 and 21 CFR 2013 to provide for the estimated maintain an adequate reserve stock medical, scientific, research, and 1315.13. DEA determines whether to propose an adjustment of the aggregate pursuant to 21 U.S.C. 826(a), as industrial needs of the United States, intended. See 21 CFR 1303.24. This lawful export requirements, and the production quotas for basic classes of schedule I and II controlled substances would be concerning if a natural establishment and maintenance of disaster or other unforeseen event reserve stocks. As such, pursuant to 21 and ephedrine, pseudoephedrine, and phenylpropanolamine by considering: resulted in substantial disruption to the U.S.C. 826(a), the Deputy Administrator amount of controlled substances must determine the total quantity and (1) Changes in demand for the basic class, changes in the national rate of net available to provide for legitimate establish production quotas for each of public need. As such, DEA has included the three temporarily scheduled disposal for the class, and changes in the rate of net disposal by the registrants in all proposed revised schedule II substances. aggregate production quotas, and certain In making this determination, the holding individual manufacturing schedule I aggregate production quotas, Deputy Administrator has taken into quotas for the class; (2) whether any an additional 25% of the estimated account the criteria that DEA is required increased demand or changes in the medical, scientific, and research needs to consider in accordance with 21 national or individual rates of net as part of the amount necessary to U.S.C. 826(a) and 21 CFR 1303.11. DEA disposal are temporary, short term, or ensure the establishment and proposes the aggregate production long term; (3) whether any increased maintenance of reserve stocks. The quotas for these three temporarily demand can be met through existing resulting revised established aggregate scheduled substances by considering: inventories, increased individual production quota will reflect these (1) Total estimated net disposal of each manufacturing quotas, or increased included amounts. This action will not substance by all manufacturers; (2) importation, without increasing the affect the ability of manufacturers to estimated trends in the national rate of aggregate production quota; (4) whether maintain inventory allowances as net disposal; (3) total estimated any decreased demand will result in specified by regulation. DEA expects inventories of the basic class and of all excessive inventory accumulation by all that maintaining this reserve in certain substances manufactured from the class; persons registered to handle the class; established aggregate production quotas (4) projected demand for each class as and (5) other factors affecting the will mitigate adverse public effects if an indicated by procurement quotas medical, scientific, research, and unforeseen event resulted in substantial requested pursuant to 21 CFR 1303.12; industrial needs of the United States disruption to the amount of controlled and (5) other factors affecting medical, and lawful export requirements, as the substances available to provide for scientific, research, and industrial needs Deputy Administrator finds relevant. legitimate public need, as determined of the United States and lawful export DEA also considered updated by DEA. DEA does not anticipate requirements, as the Deputy information obtained from 2012 year- utilizing the reserve in the absence of Administrator finds relevant. These end inventories, 2012 disposition data these circumstances. quotas do not include imports of submitted by quota applicants, controlled substances for use in estimates of the medical needs of the The Deputy Administrator, therefore, industrial processes. United States, product development, proposes that the year 2013 aggregate and other information made available to production quotas for the three Analysis for Proposed Revised 2013 DEA after the initial aggregate temporarily scheduled substances be Aggregate Production Quotas and production quotas and assessment of established, and to adjust the 2013 Assessment of Annual Needs annual needs had been established. aggregate production quotas for some DEA proposes to adjust the Other factors DEA considered in schedule I and II controlled substances established 2013 aggregate production calculating the aggregate production and ephedrine, pseudoephedrine, and quotas for some schedule I and II quotas, but not the assessment of annual phenylpropanolamine, expressed in controlled substances to be needs, include product development grams of anhydrous acid or base, as manufactured in the United States in requirements of both bulk and finished follows:

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Proposed or Previously proposed Basic class established adjusted 2013 quotas 2013 quotas

Temporarily Scheduled Substances

(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR–144) ...... N/A 15 g. [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (XLR11) ...... N/A 15 g. N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (AKB48) ...... N/A 15 g.

Schedule I

1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201) ...... 45 g No change. 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694) ...... 45 g No change. 1-[1-(2-Thienyl)cyclohexyl]piperidine ...... 5 g No change. 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH–200) ...... 45 g No change. 1-Butyl-3-(1-naphthoyl)indole (JWH–073) ...... 45 g No change. 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR–18 and RCS–8) ...... 45 g No change. 1-Hexyl-3-(1-naphthoyl)indole (JWH–019) ...... 45 g No change. 1-Methyl-4-phenyl-4-propionoxypiperidine ...... 2 g No change. 1-Pentyl-3-(1-naphthoyl)indole (JWH–018 and AM678) ...... 45 g No change. 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH–203) ...... 45 g No change. 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH–250) ...... 45 g No change. 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH–398) ...... 45 g No change. 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH–122) ...... 45 g No change. 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR–19, RCS–4) ...... 45 g No change. 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH–081) ...... 45 g No change. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C–P) ...... 15 g No change. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C–E) ...... 15 g No change. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C–D) ...... 15 g No change. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C–N) ...... 15 g No change. 2-(2,5-Dimethoxyphenyl)ethanamine (2C–H) ...... 15 g No change. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C–C) ...... 15 g No change. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C–I) ...... 15 g No change. 2,5-Dimethoxy-4-ethylamphetamine (DOET) ...... 12 g No change. 2,5-Dimethoxy-4-n-propylthiophenethylamine ...... 12 g No change. 2,5-Dimethoxyamphetamine ...... 12 g No change. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–2) ...... 15 g No change. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–4) ...... 15 g No change. 3,4,5-Trimethoxyamphetamine ...... 12 g No change. 3,4-Methylenedioxyamphetamine (MDA) ...... 30 g No change. 3,4-Methylenedioxymethamphetamine (MDMA) ...... 35 g 50 g. 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) ...... 24 g No change. 3,4-Methylenedioxy-N-methylcathinone (methylone) ...... 35 g No change. 3,4-Methylenedioxypyrovalerone (MDPV) ...... 25 g No change. 3-Methylfentanyl ...... 2 g No change. 3-Methylthiofentanyl ...... 2 g No change. 4-Bromo-2,5-dimethoxyamphetamine (DOB) ...... 12 g No change. 4-Bromo-2,5-dimethoxyphenethylamine (2–CB) ...... 12 g No change. 4-Methoxyamphetamine ...... 88 g No change. 4-Methyl-2,5-dimethoxyamphetamine (DOM) ...... 12 g 25 g. 4-Methylaminorex ...... 12 g No change. 4-Methyl-N-methylcathinone (mephedrone) ...... 25 g No change. 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol ...... 68 g No change. 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP–47, 497 C8-homo- 53 g No change. log). 5-Methoxy-3,4-methylenedioxyamphetamine ...... 12 g No change. 5-Methoxy-N,N-diisopropyltryptamine ...... 12 g No change. 5-Methoxy-N,N-dimethyltryptamine ...... 10 g No change. Acetyl-alpha-methylfentanyl ...... 2 g No change. Acetyldihydrocodeine ...... 2 g No change. Acetylmethadol ...... 2 g No change. Allylprodine ...... 2 g No change. Alphacetylmethadol ...... 2 g No change. Alpha-ethyltryptamine ...... 12 g No change. Alphameprodine ...... 2 g No change. Alphamethadol ...... 2 g No change. Alpha-methylfentanyl ...... 2 g No change. Alpha-methylthiofentanyl ...... 2 g No change. Alpha-methyltryptamine (AMT) ...... 12 g No change. Aminorex ...... 12 g No change. Benzylmorphine ...... 2 g No change. Betacetylmethadol ...... 2 g No change. Beta-hydroxy-3-methylfentanyl ...... 2 g No change. Beta-hydroxyfentanyl ...... 2 g No change.

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Proposed or Previously proposed Basic class established adjusted 2013 quotas 2013 quotas

Betameprodine ...... 2 g No change. Betamethadol ...... 2 g No change. Betaprodine ...... 2 g No change. Bufotenine ...... 3 g No change. Cathinone ...... 12 g No change. Codeine-N-oxide ...... 602 g No change. Desomorphine ...... 5 g No change. Diethyltryptamine ...... 12 g No change. Difenoxin ...... 50 g No change. Dihydromorphine ...... 3,300,000 g No change. Dimethyltryptamine ...... 18 g No change. Gamma-hydroxybutyric acid ...... 46,250,000 g No change. Heroin ...... 25 g No change. Hydromorphinol ...... 54 g No change. Hydroxypethidine ...... 2 g No change. Ibogaine ...... 5 g No change. Lysergic acid diethylamide (LSD) ...... 30 g No change. Marihuana ...... 21,000 g No change. Mescaline ...... 13 g No change. Methaqualone ...... 10 g No change. Methcathinone ...... 14 g No change. Methyldihydromorphine ...... 2 g No change. Morphine-N-oxide ...... 655 g No change. N,N-Dimethylamphetamine ...... 12 g No change. N-Benzylpiperazine ...... 15 g No change. N-Ethylamphetamine ...... 12 g No change. N-Hydroxy-3,4-methylenedioxyamphetamine ...... 12 g No change. Noracymethadol ...... 2 g No change. Norlevorphanol ...... 52 g No change. Normethadone ...... 2 g No change. Normorphine ...... 18 g No change. Para-fluorofentanyl ...... 2 g No change. Phenomorphan ...... 2 g No change. Pholcodine ...... 2 g No change. Properidine ...... 2 g No change. Psilocybin ...... 2 g 10 g. Psilocyn ...... 4 g No change. Tetrahydrocannabinols ...... 491,000 g No change. Thiofentanyl ...... 2 g No change. Tilidine ...... 10 g No change. Trimeperidine ...... 2 g No change.

Schedule II

1-Phenylcyclohexylamine ...... 3 g No change. 1-Piperdinocyclohexanecarbonitrile ...... 21 g No change. 4-Anilino-N-phenethyl-4-piperidine (ANPP) ...... 2,250,000 g No change. Alfentanil ...... 38,250 g No change. Alphaprodine ...... 3 g No change. Amobarbital ...... 9 g No change. Amphetamine (for conversion) ...... 22,875,000 g No change. Amphetamine (for sale) ...... 42,625,000 g 47,186,000 g. Carfentanil ...... 6 g No change. Cocaine ...... 240,000 g No change. Codeine (for conversion) ...... 81,250,000 g No change. Codeine (for sale) ...... 49,506,250 g No change. Dextropropoxyphene ...... 19 g No change. Dihydrocodeine ...... 250,000 g No change. Diphenoxylate ...... 750,000 g No change. Ecgonine ...... 127,500 g 144,000 g. Ethylmorphine ...... 3 g No change. Fentanyl ...... 2,108,750 g No change. Glutethimide ...... 3 g No change. Hydrocodone (for sale) ...... 99,625,000 g No change. Hydromorphone ...... 5,968,750 g No change. Isomethadone ...... 5 g No change. Levo-alphacetylmethadol (LAAM) ...... 4 g No change. Levomethorphan ...... 6 g No change. Levorphanol ...... 4,500 g No change. Lisdexamfetamine ...... 21,000,000 g No change. Meperidine ...... 6,875,000 g No change.

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Proposed or Previously proposed Basic class established adjusted 2013 quotas 2013 quotas

Meperidine Intermediate—A ...... 6 g No change. Meperidine Intermediate—B ...... 11 g No change. Meperidine Intermediate—C ...... 6 g No change. Metazocine ...... 6 g No change. Methadone (for sale) ...... 25,000,000 g 33,125,000 g. Methadone Intermediate ...... 32,500,000 g 40,500,000 g. Methamphetamine ...... 3,912,500 g No change.

[987,500 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,863,750 grams for methamphetamine mostly for conversion to a schedule III product; and 61,250 grams for methamphetamine (for sale)]

Methylphenidate ...... 80,750,000 g 96,750,000 g. Morphine (for conversion) ...... 103,750,000 g 91,250,000 g. Morphine (for sale) ...... 60,250,000 g No change. Nabilone ...... 25,628 g No change. Noroxymorphone (for conversion) ...... 9,000,000 g No change. Noroxymorphone (for sale) ...... 508,750 g 1,262,500 g. Opium (powder) ...... 91,250 g No change. Opium (tincture) ...... 1,287,500 g No change. Oripavine ...... 22,750,000 g No change. Oxycodone (for conversion) ...... 10,250,000 g No change. Oxycodone (for sale) ...... 131,500,000 g 153,750,000 g. Oxymorphone (for conversion) ...... 18,375,000 g No change. Oxymorphone (for sale) ...... 6,875,000 g No change. Pentobarbital ...... 42,500,000 g No change. Phenazocine ...... 6 g No change. Phencyclidine ...... 30 g No change. Phenmetrazine ...... 3 g No change. Phenylacetone ...... 20,000,000 g 29,628,750 g. Racemethorphan ...... 3 g No change. Remifentanil ...... 3,750 g No change. Secobarbital ...... 215,003 g No change. Sufentanil ...... 6,255 g No change. Tapentadol ...... 13,750,000 g No change. Thebaine ...... 145,000,000 g No change.

List I Chemicals

Ephedrine (for conversion) ...... 15,100,000 g No change. Ephedrine (for sale) ...... 3,500,000 g No change. Phenylpropanolamine (for conversion) ...... 25,700,000 g No change. Phenylpropanolamine (for sale) ...... 6,100,000 g No change. Pseudoephedrine (for sale) ...... 225,000,000 g No change.

The Deputy Administrator further discretion to hold such a hearing, the DEPARTMENT OF JUSTICE proposes that aggregate production Deputy Administrator will publish a quotas for all other schedule I and II notice of any such hearing in the Drug Enforcement Administration controlled substances included in 21 Federal Register. After consideration of Manufacturer of Controlled CFR 1308.11 and 1308.12 remain at any comments and after a hearing, if one zero. Pursuant to 21 CFR 1303.13 and 21 Substances; Notice of Application; is held, the Deputy Administrator will Noramco, Inc. (GA) CFR 1315.13, upon consideration of the publish in the Federal Register a Final relevant factors, the Deputy Order establishing any adjustment of Pursuant to § 1301.33(a), Title 21 of Administrator may adjust the 2013 2013 aggregate production quota for the Code of Federal Regulations (CFR), aggregate production quotas and each basic class of controlled substance this is notice that on March 21, 2012, assessment of annual needs as needed. and assessment of annual needs for the Noramco, Inc., 1440 Olympic Drive, Comments list I chemicals ephedrine, Athens, Georgia 30601, made pseudoephedrine, and application to the Drug Enforcement Pursuant to 21 CFR 1303.11 and 21 phenylpropanolamine. Administration (DEA) to be registered as CFR 1315.11, any interested person may a bulk manufacturer of Opium tincture submit written comments on or Dated: June 14, 2013. (9630), a basic class of controlled objections to these proposed Thomas M. Harrigan, substance listed in schedule II. determinations. Based on comments Deputy Administrator. The company plans to manufacture received in response to this Notice, the [FR Doc. 2013–14723 Filed 6–19–13; 8:45 am] the listed controlled substance in bulk Deputy Administrator may hold a for distribution to its customers. public hearing on one or more issues BILLING CODE 4410–09–P Any other such applicant, and any raised. In the event the Deputy person who is presently registered with Administrator decides in his sole DEA to manufacture such substance,

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may file comments or objections to the OFFICE OF MANAGEMENT AND Enforcement Coordinator, at issuance of the proposed registration BUDGET [email protected] or pursuant to 21 CFR 1301.33(a). (202) 395–1808. Any such written comments or Request for Public Comments: SUPPLEMENTARY INFORMATION: Under objections should be addressed, in Interagency Review of Exclusion Order Section 337 of the Tariff Act of 1930, the quintuplicate, to the Drug Enforcement Enforcement Process ITC investigates allegations regarding Administrator, Office of Diversion AGENCY: Office of the U.S. Intellectual unfair practices in import trade, Control, Federal Register Representative Property Enforcement Coordinator, including allegations related to (ODL), 8701 Morrissette Drive, Executive Office of the President, OMB. intellectual property infringement, as Springfield, Virginia 22152; and must be ACTION: Request for written submissions well as other forms of unfair filed no later than August 19, 2013. from the public. competition. Once the ITC finds a Dated: June 7, 2013. violation of Section 337 and issues an Joseph T. Rannazzisi, SUMMARY: The Executive Office of the exclusion order barring the importation President, through the U.S. Intellectual Deputy Assistant Administrator, Office of of infringing goods, CBP and the ITC are Diversion Control, Drug Enforcement Property Enforcement Coordinator responsible for determining whether Administration. (‘‘IPEC’’), is beginning an interagency imported articles fall within the scope [FR Doc. 2013–14458 Filed 6–19–13; 8:45 am] review directed at strengthening the of the exclusion order. Because of these procedures and practices used during BILLING CODE 4410–09–P shared responsibilities, it is critical that enforcement of exclusion orders issued the ITC and CBP have clear by the U.S. International Trade communication on what the order DEPARTMENT OF JUSTICE Commission (‘‘ITC’’). The interagency means to improve the order’s working group will review existing enforcement and prevent importation of Office of Justice Programs procedures that U.S. Customs and infringing product. This determination Border Protection (‘‘CBP’’) and the ITC can often be challenging, particularly in [OJP (NIJ) Docket No. 1624] use to evaluate the scope of exclusion cases in which a technologically orders and work to ensure the process sophisticated product may have been Draft Report and Recommendations and criteria utilized during exclusion redesigned so as to no longer fall within Prepared by the Research Committee order enforcement activities are the scope of the existing exclusion of the Scientific Working Group on transparent, effective, and efficient. order. Medicolegal Death Investigation Through this request for public IPEC will chair a new interagency comment, IPEC invites public input and effort directed at strengthening the AGENCY: National Institute of Justice, recommendations in support of the processes that CBP uses with regard to DOJ. Administration’s interagency review of enforcement of ITC exclusion orders ACTION: Notice and request for exclusion order enforcement processes pertaining to intellectual property. The comments. called for by the 2013 Joint Strategic working group will be comprised of Plan on Intellectual Property representatives from the ITC; DHS, SUMMARY: In an effort to obtain Enforcement [and the White House Task DOC, Treasury, and DOJ; offices within comments from interested parties, the Force on High-Tech Patents]. the Executive Office of the President U.S. Department of Justice, Office of DATES: Submissions must be received on including USTR, OSTP, NEC; and other Justice Programs, National Institute of or before July 21, 2013, at 11:59 p.m. relevant agencies as necessary. Justice, Scientific Working Group for ADDRESSES: All submissions should be The interagency working group will Medicolegal Death Investigation will electronically submitted to http:// review existing procedures that CBP and make available to the general public a www.regulations.gov. If you are unable the ITC use to evaluate the scope of ITC document entitled, ‘‘Research in to provide submissions to exclusion orders and work to ensure the Forensic Pathology/Medicolegal Death regulations.gov, you may contact the process and standards utilized during Investigation’’. The opportunity to Office of the U.S. Intellectual Property exclusion order enforcement activities provide comments on this document is Enforcement Coordinator at are transparent, effective, and efficient. open to coroner/medical examiner office [email protected] using Among others, one focus of the representatives, law enforcement the subject line ‘‘IPEC Review of interagency review will be on ensuring agencies, organizations, and all other Exclusion Order Enforcement that CBP uses transparent and accurate stakeholders and interested parties. Processes’’ or (202) 395–1808 to arrange procedures for determining whether an Those individuals wishing to obtain and for an alternate method of transmission. article is covered by the ITC exclusion provide comments on the draft The regulations.gov Web site is a order. Further, the working group will document under consideration are Federal E-Government Web site that evaluate opportunities to improve the directed to the following Web site: allows the public to find, review and effectiveness of directions provided by http://www.swgmdi.org. submit comments on documents that the ITC to assist CBP with the DATES: Comments must be received on have published in the Federal Register challenges of enforcement. or before July 29, 2013. and that are open for comment. Important to the development of the FOR FURTHER INFORMATION CONTACT: Submissions filed via the Administration’s exclusion order Patricia Kashtan, by telephone at 202– regulations.gov Web site will be enforcement recommendations, is 353–1856 [Note: this is not a toll-free available to the public for review and ensuring that any approaches that are telephone number], or by email at inspection. For this reason, please do considered to be particularly effective as [email protected]. not include in your comments well as any concerns with the present information of a confidential nature, approach to exclusion order Greg Ridgeway, such as sensitive personal information enforcement are understood by Acting Director, National Institute of Justice. or proprietary business information. policymakers. As such, IPEC is seeking [FR Doc. 2013–14707 Filed 6–19–13; 8:45 am] FOR FURTHER INFORMATION CONTACT: public input and recommendations BILLING CODE 4410–18–P Office of the U.S. Intellectual Property through the questions set out below for

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improvements to the process and 6. Do exclusion orders currently whether the information will have criteria utilized during exclusion order provide sufficient level of detail and practical utility; enforcement activities. direction necessary to assist CBP with • Evaluate the accuracy of the Recommendations should include, but the challenges of enforcement? agency’s estimate of the burden of the need not be limited to: Changes to 7. Please identify any additional areas proposed collection of information agency policies, practices or methods, of consideration regarding including the validity of the guidance and regulation. improvements that could be undertaken methodology and assumptions used; Within six months of the issuance of by CBP or the ITC to further improve • Enhance the quality, utility and the Administration’s 2013 Joint upon the exclusion order enforcement clarity of the information to be Strategic Plan on Intellectual Property processes? collected; and Enforcement, the interagency working • Minimize the burden of the Victoria A. Espinel, group will prepare recommendations. collection of information on those who United States Intellectual Property are to respond, including through the Questions Enforcement Coordinator, Executive Office of the President . use of appropriate automated electronic, 1. Please describe your, positive or mechanical, or other technological [FR Doc. 2013–14743 Filed 6–19–13; 8:45 am] negative, experience with the exclusion collection techniques or other forms of order enforcement processes. BILLING CODE P information technology, e.g. permitting 2. Are the procedures, criteria, and electronic submissions of responses. regulations utilized by CBP when ADDRESSES: For a copy of the documents enforcing exclusion orders clear, NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES contact: Deanne W. Swan, Senior accessible, and understood? Statistician, Office of Planning, a. Please provide recommendations Notice of Proposed Information Research, and Evaluation, Institute of for enhancements to procedures, Collection Requests: Public Libraries Museum and Library Services, 1800 M criteria, and regulations used during Survey, FY 2014–2016 Street NW., 9th Floor, Washington DC enforcement of exclusion orders? 20036. Dr. Swan can be reached by 3. Are the procedures and criteria AGENCY: Institute of Museum and Telephone: 202–653–4769, Fax: 202– used by CBP to evaluate the scope of an Library Services, National Foundation 653–4601, or by email at exclusion order effective and clearly for the Arts and the Humanities. [email protected] or by teletype (TTY/ understood? ACTION: Notice, request for comments, TDD) for persons with hearing difficulty a. If not, please provide a description collection of information. at 202–653–4614. of the problem experienced? SUPPLEMENTARY INFORMATION: b. What improvements could be made SUMMARY: The Institute of Museum and to the procedures and criteria used by Library Service (‘‘IMLS’’) as part of its I. Background CBP when evaluating the scope of an continuing effort to reduce paperwork The Institute of Museum and Library exclusion order to assist with the and respondent burden, conducts a pre- Services (IMLS) is an independent determining whether an import is clearance consultation program to Federal grant-making agency and is the covered by the claims of the infringing provide the general public and federal primary source of federal support for the patent? agencies with an opportunity to Nation’s 123,000 libraries and 17,500 c. Under CBP’s current ruling request comment on proposed and/or museums. IMLS provides a variety of process, 19 CFR part 177, an importer continuing collections of information in grant programs to assist the Nation’s may seek a prospective ruling on accordance with the Paperwork museums and libraries in improving whether a redesigned or new product Reduction Act (44 U.S.C. 3501 et. seq.). their operations and enhancing their falls within the scope of an exclusion This pre-clearance consultation program services to the public. IMLS is order. Determinations of this kind are helps to ensure that requested data can responsible for identifying national often initiated at the request of the be provided in the desired format, needs for and trends in museum, importer (typically the product reporting burden (time and financial library, and information services; manufacturer) and are conducted resources) is minimized, collection measuring and reporting on the impact through ex parte proceeding. Would instruments are clearly understood, and and effectiveness of museum, library development of an inter partes the impact of collection requirements on and information services throughout the proceeding involving relevant parties to respondents can be properly assessed. United States, including programs the ITC investigation enhance the The purpose of this Notice is to solicit conducted with funds made available by efficiency, transparency and efficacy of comments concerning the continuance IMLS; identifying, and disseminating the exclusion order enforcement process of the Public Libraries Survey for Fiscal information on, the best practices of with respect to determining the scope of Years 2014–2016. such programs; and developing plans to the exclusion order? A copy of the proposed information improve museum, library and 4. Are the processes used by CBP collection request can be obtained by information services of the United timely and effective in notifying contacting the individual listed below States and strengthen national, State, interested parties, for example, ITC in the ADDRESSES section of this notice. local, regional, and international litigants, importers and the general DATES: Written comments must be communications and cooperative public, of determinations made submitted to the office listed in the networks (20 U.S.C. Chapter 72, 20 regarding the scope of an exclusion ADDRESSES section below on or before U.S.C. 9108). order and, in turn, applicability to the August 20, 2013. imported product? IMLS is particularly interested in II. Current Actions 5. What further procedural changes or comments that help the agency to: Pursuant to Public Law 107–279, this collaborative steps could be undertaken • Evaluate whether the proposed Public Libraries Survey collects annual between the ITC and CBP to improve collection of information is necessary descriptive data on the universe of the efficacy of exclusion order for the proper performance of the public libraries in the U.S. and the enforcement efforts? functions of the agency, including Outlying Areas. Information such as

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public service hours per year, Name: Proposal Review Panel for Ocean of a teleconference for the transaction of circulation of library books, number of Sciences (#10752). National Science Board business and librarians, population of legal service Date & Time: July 10, 2013—10:00 a.m.– other matters specified, as follows: 7:00 p.m. July 11, 2013—8:00 a.m.–6:30 p.m. area, expenditures for library collection, July 12, 2013—8:00 a.m.–6:30 p.m. DATE AND TIME: Monday, July 8, 2013, programs for children and young adults, Place: The University of California’s Gump 5:00 p.m.–6:00 p.m. e.d.t. staff salary data, and access to Laboratory, Moorea, French Ploynesia. SUBJECT MATTER: A discussion of the technology, etc., would be collected. Type of Meeting: Partially Closed. results of the Task Force’s Request for The Public Libraries Survey has been Contact Person: David L. Garrison, Information and an update on recent Division of Ocean Sciences, National Science conducted by the Institute of Museum activities. and Library Services under the Foundation, 4201 Wilson Blvd., Arlington, STATUS: clearance number 3137–0074, which VA 22230. Telephone (703) 292–8583. Open. Purpose of Meeting: Formal fourth year expires December 31, 2013. LOCATION: This meeting will be held by review of the Moorea Coral Reef Long-Term teleconference. A public listening line Agency: Institute of Museum and Ecological Research Project. Library Services. will be available. Members of the public Title: Public Libraries Survey, 2014– Agenda must contact the Board Office [call 703– 2016. Wednesday, July 10, 2013 292–7000 or send an email message to OMB Number: 3137–0074. 10:00 a.m.–2:00 p.m.—Information [email protected]] at least 24 Agency Number: 3137. Technology meeting (closed). hours prior to the teleconference for the Affected Public: State and local 2:00 p.m.–3:00 p.m.—Welcome by the public listening number. governments, State library agencies, and Gump station director (open). UPDATES AND POINT OF CONTACT: Please public libraries. 3:00 p.m.–7:00 p.m.—NSF meeting with refer to the National Science Board Web Number of Respondents: 55. Mid Term Review Panel (closed). site www.nsf.gov/nsb for additional Note: 55 is the number of State Thursday, July 11, 2013 information and schedule updates (time, Library Administrative Agencies place, subject matter or status of (SLAAs) that are responsible for the 8:00 a.m.–12:00 n—Field Trip 1 (closed). 1:00 p.m.–4:30 p.m.—Research meeting) which may be found at collection of this information and for Presentations (open). http://www.nsf.gov/nsb/notices/. Point reporting it to IMLS. In gathering this 4:30 p.m.–5:30 p.m.—Demonstrations— of contact for this meeting is Lisa information, the SLAAs will request Moorea Coral Reef (MCR) dry lab and wet lab Nichols or John Veysey. that their sub-entities (i.e., public (closed). libraries in their respective States and 5:30 p.m.–6:30 p.m.—Graduate student/ Ann Bushmiller, Outlying Areas) provide information to Post doc poster session (open). Senior Counsel to the National Science Board. the respective SLAA. As the number of Friday, July 12, 2013 [FR Doc. 2013–14902 Filed 6–18–13; 4:15 pm] sub-entities and questions varies from 8:00 a.m.–10:00 a.m.—Field Trip 2 BILLING CODE 7555–01–P SLAA to SLAA, it is difficult to assess (closed). the exact number of burden hours and 10:00 a.m.–12:00 n—Site presentations costs. (open). OFFICE OF PERSONNEL Frequency: Annually. D Information Management MANAGEMENT Burden hours per respondent: 80.3 D Outreach, Education & Training Total burden hours: 4254. D Cross-site and International Activities Submission for Review: We Need Total Annualized capital/startup D Project Management Important Information About Your costs: n/a. 1:00 p.m.–5:30 p.m.—Mid Term Review Total Annual Costs: $116,929. Eligibility for Social Security Disability panel report (closed). Benefits, RI 98–7 CONTACT: Kim A. Miller, Management 5:30 p.m.–6:30 p.m.—Report to MCR Analyst, Office of Planning, Research, (closed). AGENCY: U.S. Office of Personnel and Evaluation, Institute of Museum Reason for Closing: During closed sessions Management. the review will include information of a and Library Services, 1800 M Street ACTION: 60-Day Notice and request for NW., 9th Floor, Washington, DC 20036. confidential nature, including technical and financial information. These matters are comments. Ms. Miller can be reached by exempt under 5 U.S.C. 552b(c), (4) and (6) of Telephone: 202–653–4762, Fax: 202– the Government in The Sunshine Act. SUMMARY: The Retirement Services, 653–4762, or by email at Office of Personnel Management (OPM) Dated: June 14, 2013. [email protected]. offers the general public and other Susanne Bolton, Federal agencies the opportunity to Dated: June 17, 2013. Committee Management Officer. Kim A. Miller, comment on an extension, without [FR Doc. 2013–14677 Filed 6–19–13; 8:45 am] change, of a currently approved Management Analyst, Office of Planning, BILLING CODE 7555–01–P Research, and Evaluation. information collection request (ICR) 3206–0216, We Need Important [FR Doc. 2013–14744 Filed 6–19–13; 8:45 am] Information About Your Eligibility for BILLING CODE 7536–01–P NATIONAL SCIENCE FOUNDATION Social Security Disability Benefits, RI National Science Board; Sunshine Act 98–7. As required by the Paperwork Meetings; Notice Reduction Act of 1995, (Pub. L. 104–13, NATIONAL SCIENCE FOUNDATION 44 U.S.C. chapter 35) as amended by the Proposal Review Panel for Ocean The National Science Board’s Task Clinger-Cohen Act (Pub. L. 104–106), Sciences; Notice of Meeting Force on Administrative Burdens, OPM is soliciting comments for this pursuant to NSF regulations (45 CFR collection. The Office of Management In accordance with the Federal part 614), the National Science and Budget is particularly interested in Advisory Committee Act (Pub. L. 92– Foundation Act, as amended (42 U.S.C. comments that: 463, as amended), the National Science 1862n–5), and the Government in the 1. Evaluate whether the proposed Foundation (NSF) announces the Sunshine Act (5 U.S.C. 552b), hereby collection of information is necessary following meeting. gives notice in regard to the scheduling for the proper performance of functions

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of OPM, including whether the Total Burden Hours: 358. Rachel Cooper or sent via electronic information will have practical utility; U.S. Office of Personnel Management. mail to [email protected]. 2. Evaluate the accuracy of OPM’s Elaine Kaplan, estimate of the burden of the proposed FOR FURTHER INFORMATION CONTACT: A collection of information, including the Acting Director. copy of this ICR, with applicable validity of the methodology and [FR Doc. 2013–14772 Filed 6–19–13; 8:45 am] supporting documentation, may be assumptions used; BILLING CODE 6325–38–P obtained by contacting the Automated 3. Enhance the quality, utility, and Systems Management Branch, Office of clarity of the information to be Personnel Management, 1900 E Street collected; and OFFICE OF PERSONNEL NW., Washington, DC 20503, Attention: 4. Minimize the burden of the MANAGEMENT Rachel Cooper or sent via electronic collection of information on those who mail to [email protected]. are to respond, including through the Submission for Review: OPM Form use of appropriate automated, 1203–FX, Occupational Questionnaire SUPPLEMENTARY INFORMATION: The Occupational Questionnaire is an electronic, mechanical, or other AGENCY: U.S. Office of Personnel technological collection techniques or Management. optical scan form designed to collect other forms of information technology, applicant information and qualifications ACTION: 60-Day Notice and request for e.g., permitting electronic submissions in a format suitable for automated comments. of responses. processing and to create applicant DATES: Comments are encouraged and SUMMARY: The Automated Systems records for an automated examining will be accepted until August 19, 2013. Management Branch, Office of system. The 1203 series was commonly This process is conducted in accordance Personnel Management (OPM) offers the referred to as the ‘‘Qualifications and with 5 CFR 1320.1. general public and other Federal Availability Form C.’’ OPM has re-titled ADDRESSES: Interested persons are agencies the opportunity to comment on the series as ‘‘Occupational invited to submit written comments on an existing information collection Questionnaire’’ to fit a more generic the proposed information collection to request (ICR) 3206–0040, Occupational need. OPM uses this form to carry out the U.S. Office of Personnel Questionnaire, OPM Form 1203–FX. As its responsibility for open competitive Management, Retirement Services, required by the Paperwork Reduction examining for admission to the Union Square 370, 1900 E Street NW., Act of 1995, (Pub. L. 104–13, 44 U.S.C. competitive service in accordance with Washington, DC 20415–3500, Attention: chapter 35) as amended by the Clinger- section 3304, of title 5, United States Alberta Butler or sent via electronic Cohen Act (Pub. L. 104–106), OPM is Code. One change has been made to the mail to [email protected]. soliciting comments for this collection. form under Section 14, Veterans’ FOR FURTHER INFORMATION CONTACT: A The Office of Management and Budget Preference. The addition of Sole copy of this ICR, with applicable is particularly interested in comments Survivorship Preference was added to supporting documentation, may be that: reflect the amended eligibility categories 1. Evaluate whether the proposed obtained by contacting the U.S. Office of for veterans’ preference per Public Law Personnel Management, Retirement collection of information is necessary 110–317, the Hubbard Act. Services Publications Team, 1900 E for the proper performance of the Subparagraph (H) established the new Street NW., Room 4445, Washington, functions of OPM, including whether DC 20415, Attention: Cyrus S. Benson, the information will have practical category for veterans released or or sent via electronic mail to utility; discharged from a period of active duty [email protected] or faxed to 2. Evaluate the accuracy of OPM’s from the armed forces, after August 28, (202) 606–0910. estimate of the burden of the proposed 2008, by reason of a ‘‘sole survivorship SUPPLEMENTARY INFORMATION: RI 98–7 is collection of information, including the discharge.’’ used by OPM to verify receipt of Social validity of the methodology and Analysis Security Administration (SSA) assumptions used; disability benefits, to lessen or avoid 3. Enhance the quality, utility, and Agency: Automated Systems overpayment to Federal Employees clarity of the information to be Management Branch, Office of Retirement System (FERS) disability collected; and Personnel Management. 4. Minimize the burden of the retirees. It notifies the annuitant of the Title: Occupational Questionnaire, collection of information on those who responsibility to notify OPM if SSA OPM Form 1203–FX. benefits begin and the overpayment that are to respond, including through the will occur with the receipt of both use of appropriate automated, OMB Number: 3260–0040. benefits. electronic, mechanical, or other Frequency: On occasion. technological collection techniques or Affected Public: Individuals or Analysis other forms of information technology, households. Agency: Retirement Operations, e.g., permitting electronic submissions Retirement Services, Office of Personnel of responses. Number of Respondents: 10,286,701. Management. DATES: Comments are encouraged and Estimated Time Per Respondent: 45 Title: We Need Important Information will be accepted until August 19, 2013. minutes. About Your Eligibility for Social This process is conducted in accordance Total Burden Hours: 7,715,026. Security Disability Benefits. with 5 CFR 1320.1. OMB Number: 3206–0216. U.S. Office of Personnel Management. ADDRESSES: Interested persons are Frequency: On occasion. Elaine Kaplan, Affected Public: Individuals or invited to submit written comments on Households. this ICR to the Automated Systems Acting Director. Number of Respondents: 4,300. Management Branch, Office of [FR Doc. 2013–14771 Filed 6–19–13; 8:45 am] Estimated Time per Respondent: 5 Personnel Management, 1900 E Street BILLING CODE 6325–43–P minutes. NW., Washington, DC 20415, Attention:

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OFFICE OF PERSONNEL computed by increasing his or her 3/F continue to range from $103,900 to MANAGEMENT scheduled annual rate of pay (as defined $143,700. in 5 CFR 531.602) by the applicable The rates of basic pay for members of January 2013 Pay Schedules locality pay percentage. (See 5 CFR Contract Appeals Boards are calculated as a percentage of the rate for level IV AGENCY: U.S. Office of Personnel 531.604 and 531.609.) As provided of the Executive Schedule. (See 5 U.S.C. Management. under the Nonforeign Area Retirement Equity Assurance Act of 2009 (subtitle 5372a.) Therefore, these rates of basic ACTION: Notice. B of title XIX of the National Defense pay are not increased in 2013. SUMMARY: The President has signed an Authorization Act for Fiscal Year 2010 On November 30, 2012, the Director Executive Order containing the 2013 (Pub. L. 111–84, October 28, 2009)), the of OPM issued a memorandum on pay schedules for certain Federal locality rate for each nonforeign area behalf of the President’s Pay Agent (the civilian employees. The rates of pay for was set at the full applicable locality Secretary of Labor and the Directors of these employees will not be increased in rate in January 2012. Employees in the Office of Management and Budget 2013 and remain at 2010 levels. This nonforeign areas entitled to cost-of- (OMB) and OPM) that continues GS notice serves as documentation for the living allowances (COLAs) (i.e., Alaska, locality payments for ALJs and certain public record. Hawaii, and other nonforeign areas as other non-GS employee categories in FOR FURTHER INFORMATION CONTACT: defined in 5 CFR 591.207) had 2013. By law, officials paid under the Tameka Gillis, Pay and Leave, Employee corresponding reductions in their Executive Schedule, SES members, Services, U.S. Office of Personnel COLAs when locality rates increased. employees in SL/ST positions, and Management; (202) 606–2858; FAX Executive Order 13641 documents employees in certain other equivalent (202) 606–0824; or email to pay-leave- that the Executive Schedule rates of pay pay systems are not authorized to [email protected]. remain at the 2010 levels. By law, receive locality payments. (Note: An Executive Schedule officials are not exception applies to certain SUPPLEMENTARY INFORMATION: On April authorized to receive locality payments. grandfathered SES, SL, and ST 5, 2013, the President signed Executive Executive Order 13641 documents the employees stationed in a nonforeign Order 13641 (78 FR 21503), which area on January 2, 2010.) The locality documented the January 2013 pay 2013 range of rates of basic pay for members of the Senior Executive payments continued for non-GS schedules. Pursuant to Public Law 111– employees have not been increased in 322 (December 22, 2010), as extended Service (SES) under 5 U.S.C. 5382. The minimum rate of basic pay for the SES 2013. The memo is available at http:// by Public Law 113–6 (April 5, 2013), the www.opm.gov/policy-data-oversight/ Executive Order provides that the 2013 remains at $119,554 in 2013. The maximum rate of the SES rate range pay-leave/salaries-wages/2013/ pay rates for civilian employee pay continuationlocalitypayments.pdf. schedules covered by the order are not continues to be $179,700 (level II of the Executive Schedule) for SES members On April 5, 2013, OPM issued a adjusted and remain at 2010 levels. memorandum (CPM 2013–05) on the Schedule 1 of Executive Order 13641 covered by a certified SES performance appraisal system and $165,300 (level III continued freeze on pay adjustments for provides the rates for the 2013 General Federal civilian employees. (See http:// Schedule (GS) and reflects no increase of the Executive Schedule) for SES members covered by an SES www.chcoc.gov/transmittals/ from 2010. Executive Order 13641 also Transmittal includes the percentage amounts of the performance appraisal system that has not been certified. Details.aspx?TransmittalID=5396.) The 2013 locality payments, which remain memorandum provided guidance to at 2010 levels except for employees in The minimum rate of basic pay for the senior-level (SL) and scientific and assist agencies in implementing the pay nonforeign areas where rates remain at freeze extension. The ‘‘2013 Salary 2012 levels. (See Section 5 and professional (ST) rate range remains at $119,554 in 2013. The applicable Tables’’ posted on OPM’s Web site at Schedule 9 of Executive Order 13641.) http://www.opm.gov/policy-data- The publication of this notice satisfies maximum rate of the SL/ST rate range continues to be $179,700 (level II of the oversight/pay-leave/salaries-wages/ are the requirement in section 5(b) of the official rates of pay for affected Executive Order 13641 that the U.S. Executive Schedule) for SL or ST employees covered by a certified SL/ST employees and are hereby incorporated Office of Personnel Management (OPM) as part of this notice. publish appropriate notice of the 2013 performance appraisal system and locality payments in the Federal $165,300 (level III of the Executive U.S. Office of Personnel Management. Register. Schedule) for SL or ST employees Elaine Kaplan, GS employees receive locality covered by an SL/ST performance Acting Director. payments under 5 U.S.C. 5304. Locality appraisal system that has not been [FR Doc. 2013–14768 Filed 6–19–13; 8:45 am] payments apply in the United States (as certified. Agencies with certified BILLING CODE P defined in 5 U.S.C. 5921(4)) and its performance appraisal systems in 2013 territories and possessions. In 2013, for SES members and employees in SL locality payments ranging from 14.16 and ST positions also must apply a POSTAL REGULATORY COMMISSION percent to 35.15 percent apply to GS higher aggregate limitation on pay—up employees in the 34 locality pay areas. to the Vice President’s salary ($230,700 [Docket No. CP2013–67; Order No. 1749] The 2013 locality pay area definitions in 2013, the same level as in 2010). New Postal Product can be found at http://www.opm.gov/ Executive Order 13641 provides that policy-data-oversight/pay-leave/ the rates of basic pay for administrative AGENCY: Postal Regulatory Commission. salaries-wages/2013/locality-pay-area- law judges (ALJs) under 5 U.S.C. 5372 ACTION: Notice definitions/. are not increased in 2013. The rate of The 2013 locality pay percentages basic pay for AL–1 remains at $155,500 SUMMARY: The Commission is noticing a became effective on the first day of the (equivalent to the rate for level IV of the recently filed Postal Service request to first pay period beginning on or after Executive Schedule). The rate of basic add an additional negotiated service January 1, 2013 (January 13, 2013). An pay for AL–2 remains at $151,800. The agreement with the Global Expedited employee’s locality rate of pay is rates of basic pay for AL–3/A through Package Services (GEPS 3) product. This

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notice informs the public of the filing, III. Contents of Filing non-public material is appears at 39 invites public comment, and takes other The Notice includes the following CFR part 3007. administrative steps. attachments: The Commission appoints Curtis E. DATES: Comments are due: June 21, • Attachment 1—a redacted copy of Kidd to serve as Public Representative 2013. the Agreement; in Docket No. CP2013–67. • Attachment 2—a redacted copy of It is ordered: ADDRESSES: Submit comments 1. The Commission establishes Docket the certified statement required by 39 electronically via the Commission’s No. CP2013–67 for consideration of CFR 3015.5(c)(2); Filing Online system at http:// matters raised in the Postal Service’s • Attachment 3—a redacted copy of www.prc.gov. Those who cannot submit Notice. Governors’ Decision No. 08–7, which comments electronically should contact 2. Comments by interested persons in establishes prices and classifications for the person identified in the FOR FURTHER these proceedings are due no later than INFORMATION CONTACT Global Expedited Package Services section by June 21, 2013. telephone for advice on filing Contracts; and 3. Pursuant to 39 U.S.C. 505, Curtis E. • Attachment 4—an application for alternatives. Kidd is appointed to serve as an officer non-public treatment of materials to be FOR FURTHER INFORMATION CONTACT: of the Commission (Public filed under seal. Stephen L. Sharfman, General Counsel, Representative) to represent the Materials filed under seal include at 202–789–6820. interests of the general public in Docket unredacted copies of the Agreement, the SUPPLEMENTARY INFORMATION: No. CP2013–67. certified statement, and supporting 4. The Secretary shall arrange for Table of Contents financial workpapers. Id. The Postal publication of this order in the Federal Service filed redacted versions of the I. Introduction Register. II. Background financial workpapers as public Excel By the Commission. III. Contents of Filing files. IV. Commission Action The Notice addresses reasons why the Shoshana M. Grove, Postal Service believes the Agreement is Secretary. I. Introduction functionally equivalent to the GEPS 3 [FR Doc. 2013–14681 Filed 6–19–13; 8:45 am] On June 13, 2013, the Postal Service baseline agreement, notwithstanding BILLING CODE 7710–FW–P filed a notice announcing that it has differences in two of the introductory entered into an additional Global (‘‘Whereas’’) paragraphs of the Expedited Package Services (GEPS) 3 Agreement; revisions to existing articles; SECURITIES AND EXCHANGE negotiated service agreement and new, deleted, and renumbered COMMISSION (Agreement).1 The Postal Service seeks articles. Id. at 3–7. The Notice also inclusion of the Agreement within the identifies the addition of an Annex 2. Submission for OMB Review; GEPS 3 product. Notice at 2. Id. at 6. The Postal Service states that Comment Request II. Background these differences do not affect either the fundamental service being offered under Upon Written Request, Copies Available The Commission approved the the Agreement or its fundamental From: Securities and Exchange addition of GEPS to the competitive structure. Id. at 7. Commission, Office of Investor product list as a result of consideration The Postal Service states that for the Education and Advocacy, of Governors’ Decision No. 08–7 in Washington, DC 20549–0213. 2 reasons discussed in the Notice and as Docket No. CP2008–5. The demonstrated by the financial data filed Extension: Commission later added GEPS 3 to the under seal, it has established that the Rule 15c3–1, SEC File No. 270–197, OMB competitive product list, and authorized Agreement is in compliance with the Control No. 3235–0200. the agreement filed in Docket No. requirements of 39 U.S.C. 3633 and that Notice is hereby given that pursuant CP2010–71 to serve as the baseline the Agreement is functionally agreement for purposes of considering to the Paperwork Reduction Act of 1995 equivalent to Docket No. CP2010–71. Id. the potential functional equivalence of (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the The Postal Service therefore asks that other agreements.3 Securities and Exchange Commission The instant Agreement is the the Commission add the Agreement to (‘‘Commission’’) has submitted to the successor to the agreement approved in the GEPS 3 product. Id. Office of Management and Budget Docket No. CP2012–30, and is with the III. Commission Action (‘‘OMB’’) a request for approval of same customer. Id. at 3. The Agreement extension of the previously approved The Commission establishes Docket collection of information provided for in is intended to take effect July 1, 2013, No. CP2013–67 for consideration of following the June 30, 2013 expiration Rule 15c3–1 (17 CFR 240.15c3–1) under 4 matters raised by the Notice. Interested the Securities Exchange Act of 1934 (15 of the current agreement. Id. It is set to persons may submit comments on expire 1 year after its effective date. Id. U.S.C. 78a et seq.). whether the Agreement is consistent Rule 15c3–1 requires brokers-dealers with the policies of 39 U.S.C. 3632, 1 Notice of United States Postal Service of Filing to have at all times sufficient liquid a Functionally Equivalent Global Expedited 3633, or 3642. Comments are due no assets to meet their current liabilities, Package Services 3 Negotiated Service Agreement later than June 21, 2013. The public particularly the claims of customers. and Application for Non-Public Treatment of portions of the Postal Service’s filing The rule facilitates the monitoring of the Materials Filed Under Seal, June 13, 2013 (Notice). can be accessed via the Commission’s 2 See Docket No. CP2008–5, Order No. 86, Order financial condition of broker-dealers by Concerning Global Expedited Package Services Web site, http://www.prc.gov. the Commission and the various self- Contracts, June 27, 2008. Information on how to obtain access to regulatory organizations. It is estimated 3 See Docket Nos. MC2010–28 and CP2010–71, that broker-dealer respondents Order No. 503, Order Approving Global Expedited (from June 10, 2013 to June 30, 2013). The registered with the Commission and Package Services 3 Negotiated Service Agreement, extension was based on the understanding a July 29, 2010. successor agreement would be filed. See Docket No. subject to the collection of information 4 The Commission recently granted a brief CP2012–30, Order No. 1731, Order Granting Motion requirements of Rule 15c3–1 incur an extension of the Docket No. CP2012–30 agreement for Temporary Relief, May 24, 2013. aggregate annual burden of 58,926 hours

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to comply with this rule and an with the Securities and Exchange intends to, beginning June 21, 2013, aggregate annual external cost of Commission (‘‘Commission’’) advance move the expiration exercise procedures $160,000. notice SR–OCC–2013–802 pursuant to to Friday for all Standard Expiration Rule 15c3–1 does not contain record Section 806(e) of Title VIII of the Dodd- Contracts even though the contracts retention requirements. Compliance Frank Wall Street Reform and Consumer would continue to expire on Saturday.8 with the rule is mandatory. The Protection Act (‘‘Dodd-Frank Act’’),2 After February 1, 2015, virtually all required records are available only to entitled the Payment, Clearing, and Standard Expiration Contracts will the examination staff of the Commission Settlement Supervision Act of 2010 expire on Friday. According to OCC, the and the self-regulatory organization of (‘‘Title VIII’’ or ‘‘Clearing Supervision only Standard Expiration Contracts that which the broker-dealer is a member. Act’’).3 The advance notice was will expire on a Saturday after February An agency may not conduct or published in the Federal Register on 1, 2015 are certain options that were sponsor, and a person is not required to May 23, 2013.4 The Commission listed prior to the effectiveness of this respond to, a collection of information received one comment letter to the rule change,9 and a limited number of unless it displays a currently valid OMB Advance Notice, in which the options that may be listed prior to control number. commenter expressed support for the necessary systems changes of the The public may view background change.5 This publication serves as a options exchanges, which are expected documentation for this information notice of no objection to the advance to be completed in August 2013.10 After collection at the following Web site, notice. the transition period and the expiration of all existing Saturday-expiring www.reginfo.gov. Comments should be II. Description of Proposed Rule Change directed to: (i) Desk Officer for the options, expiration processing should be Securities and Exchange Commission, Proposal a single operational process and should Office of Information and Regulatory OCC filed this advance notice to run on Friday night for all Standard Affairs, Office of Management and change the expiration date for most Expiration Contracts. Budget, Room 10102, New Executive option contracts (‘‘Standard Expiration In connection with moving from Office Building, Washington, DC 20503, Contracts’’) to the third Friday of the Saturday to Friday night processing and or by sending an email to: specified expiration month (‘‘Expiration expiration, OCC reviewed other aspects [email protected]; and (ii) Date’’). Standard Expiration Contracts of its business to confirm that there Thomas Bayer, Director/Chief currently expire at the ‘‘expiration time’’ would be no unintended consequences, Information Officer, Securities and (11:59 p.m. Eastern Time) on the and concluded that there would be Exchange Commission, c/o Remi Pavlik- Saturday following the third Friday of none. For example, OCC believes the Simon, 6432 General Green Way, the specified expiration month proposed changes do not affect OCC’s Alexandria, VA 22312 or send an email (‘‘Expiration Date’’).6 liquidity forecasting procedures, nor do to: [email protected]. Comments The proposed change applies only to they impact OCC’s liquidity needs, must be submitted to OMB within 30 series of option contracts opened for since OCC’s liquidity forecasts and days of this notice. trading after the effective date of this liquidity needs are driven by settlement obligations, which occur on the same Dated: June 17, 2013. proposed rule change and having Expiration Dates later than February 1, day (T+3) irrespective of the move to Kevin M. O’Neill, 2015. Option contracts having non- Friday night processing and expiration Deputy Secretary. standard expiration dates (‘‘Non- dates. According to OCC, industry [FR Doc. 2013–14719 Filed 6–19–13; 8:45 am] standard Expiration Contracts’’) are groups, clearing members, and options BILLING CODE 8011–01–P unaffected by this proposed rule exchanges have been active participants change.7 in planning for the transition to the In order to provide a smooth Friday expiration. OCC has obtained SECURITIES AND EXCHANGE transition to the Friday expiration, OCC COMMISSION 8 For contracts having a Saturday expiration date, exercise requests received after Friday expiration VIII of the Dodd-Frank Wall Street Reform and [Release No. 34–69767; File No. SR–OCC– processing is complete but before the Saturday Consumer Protection Act. contract expiration time will continue to be 2013–802] 2 Dodd-Frank Wall Street Reform and Consumer processed so long as they are submitted in Protection Act, Pub. L. 111–203, 124 Stat. 1376 accordance with OCC’s procedures governing such Self-Regulatory Organizations; The (2010). requests. Options Clearing Corporation; Notice 3 OCC also filed the proposals contained in this 9 According to OCC, certain option contracts have of No Objection to Advance Notice advance notice as a proposed rule change, under already been listed on exchanges with expiration Section 19(b)(1) of the Exchange Act and Rule 19b– dates as distant as December 2016. Such options Filing To Change the Expiration Date 4 thereunder, seeking Commission approval to have Saturday expiration dates and OCC cannot For Most Option Contracts to the Third permit OCC to change its rules to reflect the change the terms of existing option contracts. In Friday of the Expiration Month Instead proposed changes in this advance notice. 15 U.S.C. addition, clearing members have expressed a clear of the Saturday Following the Third 78s(b)(1); 17 CFR 240.19b–4; See Exchange Act preference not to have open interest in any Release No. 69480 (April 30, 2013) (SR–OCC–2013– particular month with different expiration dates. Friday 04). Therefore, OCC will designate certain expiration 4 Securities Exchange Act Release No. 34–69603 dates as ‘‘grandfathered,’’ and any option contract June 14, 2013. (May 17, 2013), 78 FR 30944 (May 23, 2013) that is listed, or may be listed in the future, that (‘‘Notice of Filing of Advance Notice’’). expires on a grandfathered date will have a I. Introduction 5 See Comment from John V. Bruzzese dated May Saturday expiration date even if such expiration On April 17, 2013, The Options 3, 2013 (stating that the change would be date is after February 1, 2015. After OCC designates ‘‘beneficial for [the] option expiration process’’) 1 an expiration date as grandfathered, the exchanges Clearing Corporation (‘‘OCC’’) filed (http://sec.gov/comments/sr-occ-2013-04/ have agreed not to permit the listing of, and OCC occ201304-1.htm). will not accept for clearance, any newly listed 1 OCC was designated as a systemically important 6 See the definition of ‘‘expiration time’’ in standard expiration option contract with a Friday financial market utility (‘‘FMU’’) by the Financial Article I of OCC’s By-Laws. expiration in the applicable month. Stability Oversight Council (‘‘FSOC’’) on July 18, 7 Examples of options with Non-standard 10 The exchanges have agreed that once these 2012. See FSOC 2012 Annual Report, Appendix A, Expiration Contracts include flex options and systems changes are made they will not open for http://www.treasury.gov/initiatives/fsoc/ quarterly, monthly, and weekly options where the trading any new series of option contracts with Documents/2012%20Annual%20Report.pdf. expiration exercise processing for such options Saturday expiration dates falling after February 1, Therefore, OCC is required to comply with Title presently occurs on a weekday. 2015.

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assurances from all options industry instructive.11 The stated purpose of risk management standards as described participants that they will be ready to Title VIII is to mitigate systemic risk in in Section 805(b). move to Friday night expiration the financial system and promote OCC’s proposal to move the processing by June 2013. financial stability by, among other expiration date of Standard Expiration things, promoting uniform risk Rule Changes Contracts to the third Friday of the management standards for systemically- month, as described above, is designed In order to implement the change to important financial market utilities to help mitigate operational risk that Friday expiration processing and (‘‘FMU’’) and providing an enhanced Saturday expiration imposes on OCC eventual transition to Friday expiration role for the Federal Reserve Board in the and its members. Consistent with for all Standard Expiration Contracts, supervision of risk management Section 805(b) of the Clearing OCC is amending the definition of standards for systemically-important Supervision Act,17 the Commission ‘‘expiration date’’ in Article I and FMUs.12 believes the proposed changes should certain other articles of the By-Laws. As Section 805(a)(2) of the Clearing promote safety and soundness of OCC’s amended, the applicability of the Supervision Act 13 authorizes the operations and reduce systemic risks by definition is no longer limited to stock Commission to prescribe risk allowing OCC to streamline the options, and the definition of management standards for the payment, expiration process among Standard ‘‘expiration date’’ in certain articles of clearing, and settlement activities of Expiration Contracts and Non-Standard the By-Laws therefore is deleted in designated clearing entities and Expiration Contracts and quarterly reliance on the Article I definition. OCC financial institutions engaged in options and weekly options. It should is also amending Rule 805, and all rules designated activities for which it is the also allow OCC to align the expiration supplementing or replacing Rule 805, to supervisory agency or the appropriate process for Standard Expiration allow for Friday expiration processing financial regulator. Section 805(b) of the Contracts with expiration processing during the transition to Friday Clearing Supervision Act 14 states that schedules for European markets and expiration. OCC is also amending the objectives and principles for the risk should allow clearing members to run a section 18 of Article VI of the By-Laws to align procedures for delays in management standards prescribed under single operational process for all US producing Expiration Exercise Reports Section 805(a) shall be to: equity/index options regardless of • and submission of exercise instructions Promote robust risk management; where such options are exercised. with the amended expiration exercise • Promote safety and soundness; Furthermore, Rule 17Ad–22(d)(4), procedures in Rule 805. OCC is • Reduce systemic risks; and adopted as part of the Clearing Agency amending Rule 801 to modify the • Support the stability of the broader Standards, requires clearing agencies to prohibition against exercising an financial system. ‘‘establish, implement, maintain, and enforce written policies and procedures American-style option contract on the The Commission adopted risk reasonably designed to identify sources business day prior to its expiration date, management standards under Section of operational risk and minimize them because this prohibition is necessary 805(a)(2) of the Clearing Supervision through the development of appropriate only for options expiring on a Saturday, Act on October 22, 2012 (‘‘Clearing systems, controls, and procedures and to remove clearing members’ ability Agency Standards’’).15 The Clearing ... .’’18 The Commission believes the to revoke or modify exercise notices in Agency Standards became effective on proposed rule changes minimize order to accommodate the compressed January 2, 2013 and require clearing operational risk through the Friday expiration processing expiration agencies that perform central development of a system to move the schedule. counterparty services to establish, expiration date of Standard Expiration Finally, OCC is amending Rules 801 implement, maintain, and enforce Contracts to the third Friday of the and 805 to allow certain determinations written policies and procedures that are month so that exercise processing across to be made by high-level officers of reasonably designed to meet certain Standard Expiration Contracts, Non- OCC, rather than the Board of Directors, minimum requirements for their standard Expiration Contracts, quarterly in order to provide OCC with greater operations and risk management options, and weekly options occur on operational flexibility in processing practices on an ongoing basis.16 As the same day in a single operational exercise requests received after Friday such, the Commission believes it is process. expiration processing is complete but appropriate to review Advance Notices before the Saturday contract expiration against these risk management IV. Conclusion time, and to replace various references standards that the Commission It is therefore noticed, pursuant to to the expiration date of options with promulgated under Section 805(a) and Section 806(e)(1)(I) of the Clearing reference to the procedures of Rule 805. the objectives and principles of these Under the proposed change, OCC is Supervision Act,19 that, the Commission does not object to the advance notice preserving the ability of the options 11 12 U.S.C. 5461(b). (File No. SR–OCC–2013–802) and that exchanges to designate (or, in the case 12 Id. of flexibly structured options, permit 13 12 U.S.C. 5464(a)(2). OCC be and hereby is authorized to clearing members to designate) non- 14 12 U.S.C. 5464(b). implement proposed rule change (File standard expiration dates for options, or 15 Clearing Agency Standards, Securities No. AN–OCC–2013–802) as of the date classes or series of options, so long as Exchange Act Release No. 34–68080 (October 22, of this notice or the date of an ‘‘Order the designated expiration date is not a 2012), 77 FR 66219 (November 2, 2012). Approving Proposed Rule Change to 16 The Clearing Agency Standards are Change the Expiration Date for Most date OCC has specified as ineligible to substantially similar to the risk management be an expiration date. standards established by the Federal Reserve Board Option Contracts to the Third Friday of governing the operations of designated FMUs that the Expiration Month Instead of the III. Analysis of Advance Notice are not clearing entities and financial institutions Saturday Following the Third Friday’’ Although Title VIII does not specify a engaged in designated activities for which the Commission or the Commodity Futures Trading standard of review for an Advance Commission is the Supervisory Agency. See 17 See 12 U.S.C. 5464(b). Notice, the Commission believes that Financial Market Utilities, 77 FR 45907 (Aug. 2, 18 17 CFR 240.17Ad–22(d)(4). the stated purpose of Title VIII is 2012). 19 12 U.S.C. 5465(e)(1)(I).

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(File No. SR–OCC–2013–04), whichever I. Self-Regulatory Organization’s A. Self-Regulatory Organization’s is later. Statement of the Terms of Substance of Statement of the Purpose of, and By the Commission. the Proposed Rule Change Statutory Basis for, the Proposed Rule Change Kevin M. O’Neill, The Exchange proposes to amend the Deputy Secretary. Exchange’s Pricing Schedule to: (i) 1. Purpose Amend the Customer Rebate Program; [FR Doc. 2013–14685 Filed 6–19–13; 8:45 am] (ii) adopt new pricing specific to The Exchange proposes to amend BILLING CODE 8011–01–P options overlying Standard and Poor’s existing Section B, entitled ‘‘Customer Depositary Receipts/SPDRs (‘‘SPY’’); 3 Rebate Program,’’ Section I, entitled 4 SECURITIES AND EXCHANGE (iii) amend the Complex Order Fee for ‘‘Rebates and Fees for Adding and Removing Liquidity applicable to COMMISSION Removing Liquidity in Select Specialists and Market Makers in Symbols,’’ 6 and Section IV, A ‘‘PIXL receipt of certain directed orders; and Pricing.’’ The Exchange also proposes to [Release No. 34–69768; File No. SR–Phlx– (iv) amend PIXL 5 Pricing. adopt a new Section C, entitled 2013–61] The text of the proposed rule change ‘‘Rebates and Fees for Adding and is available on the Exchange’s Web site Removing Liquidity in SPY.’’ Each Self-Regulatory Organizations; at http:// NASDAQ OMX PHLX LLC; Notice of proposed amendment is described in nasdaqomxphlx.cchwallstreet.com/, at greater detail below. Filing and Immediate Effectiveness of the principal office of the Exchange, and Proposed Rule Change To Amend at the Commission’s Public Reference Customer Rebate Program Various Sections of the Exchange’s Room. Pricing Schedule Currently, the Exchange has in place II. Self-Regulatory Organization’s a four tier structure Customer Rebate June 14, 2013. Statement of the Purpose of, and Program at Section B of the Pricing Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule Schedule which pays Customer rebates Securities Exchange Act of 1934 Change on four Categories (A, B, C and D) of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 In its filing with the Commission, the transactions. The four tier structure pays notice is hereby given that on June 3, Exchange included statements rebates based on percentage thresholds 2013, NASDAQ OMX PHLX LLC concerning the purpose of and basis for of national customer multiply-listed (‘‘Phlx’’ or ‘‘Exchange’’) filed with the the proposed rule change and discussed options volume by month based on the Securities and Exchange Commission any comments it received on the same four Categories (A, B, C and D) of (‘‘SEC’’ or ‘‘Commission’’) the proposed proposed rule change. The text of these transactions. Specifically, the Exchange rule change as described in Items I, II, statements may be examined at the bases a market participant’s and III, below, which Items have been places specified in Item IV below. The qualification for a certain Rebate Tier on prepared by the Exchange. The Exchange has prepared summaries, set the percentage of total national Commission is publishing this notice to forth in sections A, B, and C below, of customer volume in multiply-listed solicit comments on the proposed rule the most significant aspects of such options which are transacted monthly change from interested persons. statements. on Phlx as follows:

Percentage thresholds of national customer volume in multiply-listed Category Category Category Category Customer rebate tiers equity and ETF options classes A B C D (monthly)

Tier 1...... 0.00%–0.75% ...... $0.00 $0.00 $0.00 $0.00 . Tier 2 ...... Above 0.75%–1.60% ...... 0.11 0.12 0.13 0.08 . Tier 3 ...... Above 1.60%–2.60% ...... 0.13 0.13 0.14 0.08 Tier 4 ...... Above 2.60% ...... 0.15 0.15 0.15 0.09

Today, the Exchange totals Customer ownership 8 may aggregate their Options in Section II. Rebates are paid volume in Multiply Listed Options Customer volume for purposes of on Customer PIXL Orders in Section II (including Select Symbols) that are calculating the Customer Rebate Tiers symbols that execute against non- electronically-delivered and executed, and receiving rebates. Initiating Order interest, except in the except volume associated with Category A rebates are paid to case of Customer PIXL Orders that are electronic QCC Orders, as defined in members executing electronically- greater than 999 contracts. All Customer Exchange Rule 1080(o).7 Members and delivered Customer Simple Orders in PIXL Orders that are greater than 999 member organizations under common Penny Pilot Options and Customer contracts are paid a rebate regardless of Simple Orders in Non-Penny Pilot

1 15 U.S.C. 78s(b)(1). relative prices of the individual components, for the 5 PIXL is the Exchange’s price improvement 2 17 CFR 240.19b–4. same account, for the purpose of executing a mechanism known as Price Improvement XL or 3 SPY options are based on the SPDR exchange- particular investment strategy. Furthermore, a (PIXLSM). See Rule 1080(n). traded fund (‘‘ETF’’), which is designed to track the Complex Order can also be a stock-option order, 6 The Select Symbols are listed in Section I. performance of the S&P 500 Index. which is an order to buy or sell a stated number 7 The Exchange calculates volume and pay 4 A Complex Order is any order involving the of units of an underlying stock or exchange-traded rebates based on a member organization’s Phlx simultaneous purchase and/or sale of two or more fund (‘‘ETF’’) coupled with the purchase or sale of house account numbers. different options series in the same underlying options contract(s). See Exchange Rule 1080, 8 Common ownership means 75% common security, priced at a net debit or credit based on the Commentary .08(a)(i). ownership or control.

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the contra party to the transaction. $0.13 to $0.17 per contract and the Exchange believes it is appropriate to Category B rebates are paid to members Category C rebate from $0.14 to $0.17 make this modification to afford executing electronically-delivered per contract. The Category D rebate for members the opportunity to achieve Customer Complex Orders in Penny Tier 3 would remain at $0.08 per new Customer Rebate Program tiers or Pilot Options and Non-Penny Pilot contract. Currently, the Exchange pays maintain their current level of Customer Options in Section II. Category C rebates the following Tier 4 rebates for a Rebate Program tiers in light of the are paid to members executing percentage of national customer volume proposed changes below. The Exchange electronically-delivered Customer in multiply-listed options classes above notes that options on SPY account for Complex Orders in Select Symbols in 2.60%: Category A: $0.15, Category B: approximately 15% of the equity and Section I. Category D rebates are paid to $0.15, Category C: $0.15 and Category D: ETF options volume in the industry. members executing electronically- $0.09. The Exchange is proposing to The proposed pricing in new Section C, delivered Customer Simple Orders in increase the Tier 4 Category B rebate described below, would contain rebates Select Symbols in Section I. Rebates are from $0.15 to $0.17 per contract and the applicable to SPY options. Therefore, paid on PIXL Orders in Section I Category C rebate from $0.15 to $0.17 the Exchange would not pay rebates on symbols that execute against non- per contract. The Tier 4 Category A SPY options as part of the Customer Initiating Order interest. rebate would remain at $0.15 per Rebate Program. The Exchange is proposing to amend contract and the Tier 4 Category D the rebates paid to market participants rebate would remain at $0.09 per The Exchange believes that increasing with this proposal. The Exchange contract. the amount of rebates that will be paid proposes to continue to pay Categories As is the case today, the Exchange is to market participants that qualify for A, B, C and D no rebate with proposed proposing to continue to permit the certain Categories of rebates in Tiers 2, Tier 1 which is between 0.00% to 0.75% electronically-delivered and executed 3 and 4 will encourage market of national customer volume in volume associated with options on SPY participants to send increased Customer multiply-listed options classes. to be included in the calculation of order flow to the Exchange to the benefit Currently, the Exchange pays the Multiply Listed Options, however SPY of all market participants. The Exchange following Tier 2 rebates for a percentage options will no longer be paid the also believes that continuing to include of national customer volume in Customer rebates in Section A because options on SPY transactions in the multiply-listed options classes above SPY options will no longer be part of calculation for qualifying tiers will 0.75% to 1.60%: Category A: $0.11, Section I, as proposed below. Today continue to encourage Customer order Category B: $0.12, Category C: $0.13 and SPY is defined as a Select Symbol in flow in SPY. Category D: $0.08. The Exchange is Section I of the Pricing Schedule. The Section C–SPY proposing to increase the Tier 2 Exchange is proposing below to remove Category A rebate from $0.11 to $0.12 SPY from the definition of Select The Exchange proposes to not apply per contract, the Category B rebate from Symbol and adopt new pricing which Section I pricing to options on SPY and $0.12 to $0.17 per contract and the applies to SPY. In calculating instead adopt new pricing in a new Category C rebate from $0.13 to $0.17 electronically-delivered and executed Section C entitled ‘‘Rebates and Fees for per contract. The Category D rebate for Customer volume in Multiply Listed Adding and Removing Liquidity in Tier 2 would remain at $0.08 per Options, the numerator of the equation SPY’’ for options on SPY. The Exchange contract. Currently, the Exchange pays will remain unchanged and will also proposes to remove the symbol the following Tier 3 rebates for a continue to include all electronically- ‘‘SPY’’ from the list of Select Symbols percentage of national customer volume delivered and executed Customer in Section I of the Pricing Schedule. in multiply-listed options classes above volume in Multiply Listed Options. The The Exchange proposes to adopt 1.60% to 2.60%: Category A: $0.13, Exchange is proposing to amend the ‘‘Make/Take’’ pricing for SPY in both Category B: $0.13, Category C: $0.14 and denominator of that equation by Simple and Complex Orders. The Category D: $0.08. The Exchange is excluding volume associated with SPY Exchange proposes to adopt the proposing to increase the Tier 3 from the computation of national following pricing for options on SPY in Category A rebate from $0.13 to $0.14 customer volume in multiply-listed Simple Orders in a new Part A to per contract, the Category B rebate from equity and ETF options volume. The Section C:

Customer Specialist Market maker Firm Broker-dealer Professional

Rebate for Adding Liquidity ...... $0.00 $0.20 $0.20 $0.00 $0.00 $0.00 Fee for Removing Liquidity ...... 0.44 0.44 0.44 0.44 0.44 0.44

Today, Specialists 9 and Market Maker is contra to a Specialist, Market a $0.10 per contract Fee for Adding Makers 10 transacting Simple Orders in Maker, Firm, Broker-Dealer or Liquidity for Simple Orders in Select Select Symbols are paid a $0.20 per Professional.11 If the Specialist or Symbols and Firms, Professionals and contract Rebate for Adding Liquidity Market Maker is contra to a Customer Broker-Dealers pay a $0.45 per contract only when the Specialist or Market order, the Specialist or Market Maker is Fee for Adding Liquidity for Simple assessed the Simple Order Fee for Orders in Select Symbols. Customers are 9 A ‘‘Specialist’’ is an Exchange member who is Adding Liquidity. The Exchange not assessed a Simple Order Fee for registered as an options specialist pursuant to Rule assesses Specialists and Market Makers Adding or Removing Liquidity in Select 1020(a). Symbols. Specialists, Market Makers, 10 A ‘‘Market Maker’’ includes Registered Options 11 The term ‘‘Professional’’ means any person or Firms, Broker-Dealers and Professionals Traders (Rule 1014(b)(i) and (ii)), which includes entity that (i) is not a broker or dealer in securities, are assessed a $0.45 per contract Fee for Streaming Quote Traders (see Rule 1014(b)(ii)(A)) and (ii) places more than 390 orders in listed and Remote Streaming Quote Traders (see Rule options per day on average during a calendar month Removing Liquidity in Select Symbols. 1014(b)(ii)(B)). Directed Participants are also market for its own beneficial account(s). See Rule The Exchange proposes to adopt a makers. 1000(b)(14). ‘‘Make/Take’’ pricing model with

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respect to SPY options wherein the not be assessed a fee for adding liquidity would now pay $0.44 per contract when Exchange would pay a rebate to in SPY Simple Orders. Unlike the removing liquidity as compared to no liquidity providers and assess a fee on pricing for Simple Order Select fee today, but would remain free with liquidity takers. The Exchange therefore Symbols, the Exchange would pay a respect to adding liquidity. Specialists proposes to adopt certain Rebates for rebate to Specialists and Market Makers and Market Makers would pay lower Adding Liquidity for Specialists and for each transaction in SPY, regardless fees as compared to today. Market Makers of $0.20 per contract and of the contra party. Therefore, Firms, assess a $0.44 per contract Fee for Broker-Dealers and Professionals would The Exchange proposes to adopt the Removing Liquidity on all market be assessed a lower fee because the following pricing for options on SPY in participants with respect to Simple Simple Order Fees for Removing Complex Orders in a new Part B to Order SPY options. Customers, Firms, Liquidity in SPY are decreased from Section C: Broker-Dealers and Professionals would $0.45 to $0.44 per contract. Customers

Customer Specialist Market maker Firm Broker-dealer Professional

Fee for Adding Liquidity ...... $0.00 $0.10 $0.10 $0.10 $0.10 $0.10 Fee for Removing Liquidity ...... 0.00 0.40 0.40 0.50 0.50 0.50

Today, all market participants, other Specialists and Market Makers by $0.02 subscribe to certain data feeds. The than a Customer are assessed a Complex per contract when the Specialist or Exchange believes that by not assessing Order Fee for Adding Liquidity in Select Market Maker transacts against a fees (or paying a rebate) when removing Symbols of $0.10 per contract. A Customer Order directed to that orders from the order book in SPY Customer is not assessed a Complex Specialist or Market Maker for where an order exposure alert was Order Fee for Adding or Removing execution. Today, the Exchange issued, will incentivize market Liquidity in Select Symbols. Today, a decreases the Complex Order Fees for participants to remove liquidity from Specialist and Market Maker are Removing Liquidity applicable to the Phlx Book. assessed a $0.25 per contract Complex Specialists and Market Makers by $0.05 As explained above, SPY Customer Order Fee for Removing Liquidity and a per contract pursuant to a Pilot volume will be included in the Firm, Broker-Dealer and Professional are Program.12 As described in greater detail calculation of Customer volume in assessed $0.50 per contract Complex below, the Exchange proposes to reduce Multiply Listed Options that are Order Fee for Removing Liquidity in the Complex Order Fees for Removing electronically-delivered and executed Select Symbols. The Exchange proposes Liquidity applicable to Specialists and for purposes of the Customer Rebate to adopt pricing for SPY options and Market Makers from $0.02 to $0.05 per Program in Section A, however the continue to not assess a Customer either contract for Select Symbols and SPY. In rebates defined in Section A will not a Fee for Adding or Removing Liquidity addition, the Exchange proposes to pay apply to electronic executions in SPY. in Complex Orders in SPY options. All Customers a rebate of $0.38 per contract Today, the Monthly Market Maker market participants, other than a for SPY transactions in Complex Orders. Cap 14 is not applicable to electronic Customer, would be assessed a $0.10 The Exchange believes that the transactions in the Select Symbols, per contract Complex Order Fee for proposed pricing will encourage market except Qualified Contingent Cross Adding Liquidity in SPY options, as is participants to direct orders in SPY (‘‘QCC’’) Transaction Fees.15 The the case today in Select Symbols. The options to the Exchange. Exchange proposes to adopt Complex The Exchange also states in the 14 Specialists and Market Makers are subject to a Order Fees for Removing Liquidity for Pricing Schedule, similar to Section I ‘‘Monthly Market Maker Cap’’ of $550,000 for: (i) SPY options as follows: A Specialist and pricing, that Simple Orders that are Electronic and floor Option Transaction Charges; (ii) QCC Transaction Fees (as defined in Exchange Market Maker would be assessed $0.40 executed against the individual Rule 1080(o) and Floor QCC Orders, as defined in per contract Complex Order Fee for components of Complex Orders will be 1064(e)); and (iii) fees related to an order or quote Removing Liquidity and a Firm, Broker- assessed the fees and rebates in Part A that is contra to a PIXL Order or specifically Dealer and Professional would be (Simple Orders) and the individual responding to a PIXL auction. The trading activity of separate Specialist and Market Maker member assessed $0.50 per contract. The components of such a Complex Order organizations is aggregated in calculating the Exchange would pay a Customer rebate will be assessed the fees in Part B Monthly Market Maker Cap if there is Common of $0.38 per electronically-delivered and (Complex Orders). Ownership between the member organizations. All executed contract in Complex Orders in The Exchange proposes to assess no dividend, merger, short stock interest and reversal and conversion strategy executions (as defined in SPY options. The Exchange would fees and pay no rebates on transactions this Section II) are excluded from the Monthly therefore increase the Complex Order which execute against an order for Market Maker Cap. Fees for Removing Liquidity in SPY which the Exchange broadcast an order 15 A QCC Order is comprised of an order to buy options for Specialists and Market exposure alert in SPY. Rule 1080(m) or sell at least 1000 contracts that is identified as Makers. provides for the broadcast of certain being part of a qualified contingent trade, as that term is defined in Rule 1080(o)(3), coupled with a 13 Similar to Section I pricing, the order orders that are on the Phlx Book. The contra-side order to buy or sell an equal number of that is received by the trading system Exchange broadcasts orders on the Phlx contracts. The QCC Order must be executed at a first in time shall be considered an order Book by issuing order exposure alerts to price at or between the National Best Bid and Offer adding liquidity and an order that trades all Phlx market participants that (‘‘NBBO’’) and be rejected if a Customer order is resting on the Exchange book at the same price. A against that order shall be considered an QCC Order shall only be submitted electronically order removing liquidity, except with 12 See Securities Exchange Act Release No. 68202 from off the floor to the PHLX XL II System. See respect to orders that trigger an order (November 9, 2012), 77 FR 68856 (November 16, Rule 1080(o). See also Securities Exchange Act exposure alert. 2012) (SR–Phlx–2012–27 and SR–Phlx–2012–54). Release No. 64249 (April 7, 2011), 76 FR 20773 13 See Rule 1080(m) and see also Securities (April 13, 2011) (SR–Phlx–2011–47) (a rule change The Exchange also proposes to Exchange Act Release No. 68517 (December 21, to establish a QCC Order to facilitate the execution decrease Complex Order Fees for 2012), 77 FR 77134 (December 31, 2012) (SR–Phlx– of stock/option Qualified Contingent Trades Removing Liquidity applicable to 2012–136). (‘‘QCTs’’) that satisfy the requirements of the trade

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Exchange proposes to apply the fees will apply to the transactions which Fee for Firms that are contra to Monthly Market Maker Cap to SPY originated on the Exchange floor and Customer PIXL Orders to $0.00 per transactions as it is applied today. contracts that are executed contract if the Customer PIXL Order is Today, the Monthly Firm Fee Cap 16 electronically on all sides of the greater than 999 contracts. Today, with applies to floor transactions in Select transaction. The Exchange proposes to respect to Select Symbols: (i) When the Symbols and QCC Orders (electronic treat transactions originating on the PIXL Order is contra to the Initiating and floor transactions). The Exchange Exchange floor in SPY as they are Order a Customer PIXL Order is proposes to apply the Monthly Firm Fee applied today. assessed $0.00 per contract and all non- Cap to SPY transactions as it is applied Today, non-Complex electronic Customer market participant PIXL today. auctions include the Quote Exhaust Orders are assessed $0.30 per contract Today, Payment for Order Flow auction and, for purposes of fees, the when contra to the Initiating Order; (ii) Fees 17 are collected on transactions in opening process. A Complex electronic when a PIXL Order is contra to a PIXL the Select Symbols, except when a auction includes, but is not limited to, Auction Responder, the PIXL Order is Specialist or Market Maker is also the Complex Order Live Auction assessed the Fee for Adding Liquidity in assessed the Simple Order Fee for (‘‘COLA’’).18 Customer executions that Section I and the Responder is assessed Removing Liquidity, in which case the occur as part of a Complex electronic $0.30 per contract, unless the Responder Payment for Order Flow fees will not auction are assessed $0.00 per contract. is a Customer, in which case the fee will apply. The Exchange proposes to not However, the Exchange would pay the be $0.00 per contract; and (iii) when the collect PFOF on transactions in SPY applicable proposed Customer rebate of PIXL Order is contra to a resting order options. $0.38 per contract for Customer or quote that was on the Phlx Book prior Today, the Cancellation Fee for each executions in a Complex electronic to the auction, the PIXL Order is cancelled electronically delivered auction in SPY. assessed the Fee for Removing Liquidity Professional AON order applies to Today, Customer executions that not to exceed $0.30 per contract and the Select Symbols. The Cancellation Fee occur as part of a non-Complex resting order or quote is assessed the does not apply for each cancelled electronic auction are assessed $0.00 per Fee for Adding Liquidity in Section I. If electronically delivered Customer order contract. Professional, Firm, Broker- the resting order or quote that was on in Select Symbols. The Exchange Dealer, Specialist and Market Maker the Phlx Book was entered during the proposes to apply the Cancellation Fee executions that occur as part of a Auction, the PIXL Order is assessed the to SPY transactions as it is applied Fee for Adding Liquidity in Section I today. Complex electronic auction are assessed Today, transactions in Select Symbols the Fees for Removing Liquidity in and the resting order or quote is originating on the Exchange floor are Section I, Part B. Professional, Firm, assessed the Fee for Removing Liquidity subject to the Multiply Listed Options Broker-Dealer, Specialist and Market not to exceed $0.30 per contract. Fees in Section II. However, if one side Maker executions that occur as part of The Exchange proposes to adopt PIXL of the transaction originates on the a non-Complex electronic auction are Pricing in new Section C to assess Exchange floor and any other side of the assessed the Fees for Adding Liquidity Initiating Orders in SPY options $0.05 trade was the result of an electronically in Section I, Part B. The Exchange per contract for all market participants. submitted order or a quote, then these proposes to treat transactions in In addition, when the PIXL Order is auctions in the same manner for SPY contra to the Initiating Order, a through exemption in connection with Rule 611(d) options and assess the fees in Section C, Customer PIXL Order will be assessed of the Regulation NMS). Part B. $0.00 per contact and all non-Customer 16 Firms are subject to a maximum fee of $75,000 Today, QCC Transaction fees and market participants will be assessed a (‘‘Monthly Firm Fee Cap’’). Firm Floor Option rebates, defined in Section II, are $0.38 per contract fee when contra to Transaction Charges and QCC Transaction Fees, as defined in this section above, in the aggregate, for applicable to Section I. This will also be the Initiating Order. Also, when a PIXL one billing month may not exceed the Monthly the case for SPY in that the QCC Order is contra to other than the Firm Fee Cap per member organization when such Transaction fees and rebates will be Initiating Order,21 the PIXL Order will members are trading in their own proprietary applicable to Section C. be assessed $0.00 per contract, unless account. All dividend, merger, and short stock interest strategy executions (as defined in this With respect to PIXL Pricing, today an the order is a Customer, in which case Section II) are excluded from the Monthly Firm Fee Initiating Order is assessed $0.07 per the Customer will receive a rebate of Cap. Reversal and conversion strategy executions contract or $0.05 per contract if $0.38 per contract. All other contra (as defined in this Section II) are included in the parties to the PIXL Order, other than the Monthly Firm Fee Cap. QCC Transaction Fees are Customer Rebate Program Threshold included in the calculation of the Monthly Firm Fee Volume defined in Section B of the Initiating Order, will be assessed a Cap. Pricing Schedule is greater than 100,000 reduced Fee for Removing Liquidity of 17 The Payment for Order Flow (‘‘PFOF’’) Program contracts per day in a month.19 The $0.38 per contract or will receive the assesses fees to Specialists and Market Makers Exchange reduces the Initiating Order 20 Rebate to Add Liquidity. resulting from Customer orders (‘‘PFOF Fees’’). The PFOF fees are available to be disbursed by the The Exchange believes that the Exchange according to the instructions of the 18 COLA is the automated Complex Order Live proposed pricing for SPY options will Specialist or Market Maker to order flow providers Auction process. A COLA may take place upon encourage market participants to send who are members or member organizations who identification of the existence of a COLA-eligible an even greater amount of SPY orders to submit, as agent, Customer orders to the Exchange order either: (1) Following a COOP, or (2) during through a member or member organization who is normal trading if the Phlx XL system receives a the Exchange to take advantage of the acting as agent for those customer orders. Any Complex Order that improves the cPBBO. See new pricing for SPY and lower costs in excess PFOF funds billed but not utilized by the Exchange Rule 1080. certain circumstances. Specialist or Market Maker are carried forward 19 See Section IV, A Pricing. Finally, the Exchange proposes to unless the Specialist or Market Maker elects to have 20 A member may electronically submit for those funds rebated on a pro rata basis, reflected as execution an order it represents as agent on behalf amend the Preface to the Pricing a credit on the monthly invoices. At the end of each of a public customer, broker-dealer, or any other calendar quarter, the Exchange calculates the entity (‘‘PIXL Order’’) against principal interest or (‘‘Auction’’) pursuant to Rule 1080. See Exchange amount of excess funds from the previous quarter against any other order (except as provided in Rule Rule 1080(n). and subsequently rebates excess funds on a pro-rata 1080(n)(i)(E)) it represents as agent (‘‘Initiating 21 For example, a PIXL Auction Responder or a basis to the applicable Specialist or Market Maker Order’’) provided it submits the PIXL order for resting order or quote that was on the Phlx book who paid into that pool of funds. electronic execution into the PIXL Auction prior to the auction.

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Schedule to include new Section C in Pricing Schedule. As noted above, today Exchange will offer a Customer rebate of the Preface. the Exchange assesses an Initiating $0.38 per contract for Complex Order Order a $0.07 per contract or $0.05 per transactions in SPY options. The Section I Complex Orders contract fee if the Customer Rebate Exchange’s proposal to not pay On November 9, 2012, the Program Threshold Volume, defined in Customer Rebate Program rebates in Commission approved SR–Phlx–2012– Section B, is greater than 100,000 Section B for transactions in SPY 27 and SR–Phlx–2012–54, as modified contracts per day in a month.26 If the options, but continue to include SPY by Amendment No. 1, on a one-year Initiating Order fee is for a Firm that is options in the calculation of Multiply pilot basis, with such fees being contra to a Customer PIXL Order, the Listed Options that qualify for Customer operative on December 3, 2012 Initiating Order Fee is reduced to $0.00 rebates in Section B of the Pricing (‘‘Approval Order’’).22 The Approval if a Customer PIXL Order is greater than Schedule is equitable and not unfairly Order reinstated the fees that were 999 contracts. The Exchange proposes to discriminatory because the Exchange proposed by the Exchange in SR–Phlx– expand the reduction of the Initiating would apply the calculation of 2012–27.23 Specifically, the Approval Order Fee to a Professional, Broker- Customer rebates and would pay rebates Order permits a $0.05 fee differential as Dealer, Specialist and Market Maker, as on qualifying orders in a uniform between Specialists and Market Makers well as a Firm. Customers are not manner. Further, the Exchange’s that receive directed 24 Complex Orders assessed an Initiating Order Fee. The proposal to remove SPY options volume and those that do not receive directed Exchange believes that this amendment from the industry calculation is Complex Orders. Today, the Exchange will encourage all market participants to reasonable because it allows members decreases the Complex Order Fee for transact a greater number of PIXL and member organizations to have the Removing Liquidity applicable to Orders. flexibility in routing decisions with Specialists and Market Makers of $0.25 2. Statutory Basis respects to SPY while maintaining their per contract by $0.05 per contract when current level rebate tiers. The the Specialist or Market Maker transacts The Exchange believes that its Exchange’s proposal to remove SPY against a Customer Order directed to proposal to amend its Pricing Schedule options volume from the industry that Specialist or Market Maker for is consistent with Section 6(b) of the calculation is equitable and not unfairly 27 execution. The pilot was approved for Act in general, and furthers the discriminatory because the Exchange 28 one year and expires on December 2, objectives of Section 6(b)(4) of the Act [sic] would no longer apply uniformly 2013. As part of the pilot program, the in particular, in that it provides for an to all market participants. Exchange provides certain pilot equitable allocation of reasonable fees The Exchange’s proposal to adopt reports.25 The Exchange proposes to and other charges among Exchange new pricing for SPY is reasonable, reduce the fee differential from $0.05 to members and other persons using its equitable, and not unfairly $0.02 per contract and proposes to facilities. discriminatory because pricing by terminate the current pilot program that Customer Rebate Program symbol is a common practice on many is in effect. The Exchange believes that U.S. options exchanges as a means to The Exchange’s proposal to increase it will continue to incentivize incentivize order flow to be sent to an certain Customer rebates in Tiers 2, 3 Specialists and Market Makers to exchange for execution in the most and 4 is reasonable because the remove liquidity on the Exchange with actively traded options classes. SPY increased rebates will encourage market the lower fee differential. options are currently the most actively participants to send increased Customer traded equity or ETF option class.29 Section IV PIXL Amendments order flow to the Exchange to the benefit Other options exchanges price by The Exchange proposes to amend of all market participants. The 30 PIXL pricing at Section IV, Part A of the symbol. Exchange’s proposal to increase certain The Exchange’s proposed new Simple Customer rebates in Tiers 2, 3 and 4 is and Complex Order pricing, which 22 See Securities Exchange Act Release No. 68202 equitable and not unfairly adopts ‘‘Make/Take’’ pricing, in SPY (November 9, 2012), 77 FR 68856 (November 16, discriminatory because the Exchange 2012) (SR–Phlx–2012–27 and SR–Phlx–2012–54). options is reasonable because the 23 Specifically, SR–Phlx–2012–27 proposed to: (1) would pay the Customer rebates Exchange desires to incentivize market Increase the Customer Complex Order Rebate for uniformly with respect to market participants to transact a greater number Adding Liquidity from $0.30 to $0.32 per contract; participants transacting qualifying of SPY options. The Exchange is (2) create a new Complex Order Rebate for orders. Any market participant that Removing Liquidity and specifically pay a offering pricing specific to SPY because, Customer a $0.06 Complex Order Rebate for transacts qualifying orders is eligible for as previously mentioned, SPY options Removing Liquidity; and (3) increase the Complex a Customer rebate. are currently the most actively traded Order Fees for Removing Liquidity for Firms, The Exchange’s proposal to not pay options class and therefore the Broker-Dealers and Professionals from $0.35 per Customer rebates on SPY options, but contract to $0.38 per contract. These filings were Exchange believes that incentivizing continue to include SPY options in the initially suspended and later approved on a pilot Specialists and Market Makers to add calculation of Multiply Listed Options basis. See Securities Exchange Act Release Nos. increased liquidity in SPY options and 66551 (March 9, 2012), 77 FR 15400 (March 15, that qualify for Customer rebates in encouraging market participants to send 2012) (SR–Phlx–2012–27) and 66883 (April 30, Section A of the Pricing Schedule is 2012), 77 FR 26591 (May 4, 2012) (SR–Phlx–2012– Customer order flow to the Exchange by reasonable because market participants 54). By order dated April 30, 2012, the Commission offering Complex Order Customer suspended SR–Phlx–2012–27 and SR–Phlx–2012– would continue to benefit from SPY rebates and PIXL incentives will benefit 54. See Securities Exchange Release No. 66884 option volume in terms of qualifying for (April 30, 2012), 77 FR 26595 (May 4, 2012) (SR– Customer Rebate Tiers. Also, the Phlx–2012–27 and SR–Phlx–2012–54). 29 For May 2013, SPY Options accounted for 24 An order that is ‘‘directed’’ is one that is approximately 15% of the overall equity and ETF directed by an Order Flow Provider to a specific 26 Any member or member organization under options volume. By comparison, the second most Market Maker or Specialist when that order is Common Ownership with another member or actively traded equity or ETF option are AAPL entered electronically into PHLX XL II. The term member organization that qualifies for a Customer Options, which account for approximately 4% of ‘‘Order Flow Provider’’ means any member or Rebate Tier discount in Section B receives the PIXL the overall equity and ETF options volume. member organization that submits, as agent, orders Initiating Order discount as described above. 30 See the Chicago Board Options Exchange to the Exchange. See Rule 1080(l)(i)(B). 27 15 U.S.C. 78f(b). Incorporated’s Fees Schedule and the International 25 See note 22. 28 15 U.S.C. 78f(b)(4). Securities Exchange LLC.

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all market participants through Makers a greater opportunity to earn a Liquidity in Select Symbols. With this increased liquidity, tighter markets and rebate and assessing lower Fees for proposal the Exchange would assess a order interaction. The Exchange Removing Liquidity and no Fees for $0.44 per contract Simple Order Fee for believes it is reasonable to assess lower Adding Liquidity will incentivize Removing Liquidity in SPY options fees to transact SPY options in Simple Specialists and Market Makers to similar to all other market participants. Orders to Specialists, Market Makers, interact with a greater number of Simple The Exchange believes that it is Firms, Broker-Dealers and Professionals Orders in SPY options on the Exchange. equitable and not unreasonably because the Exchange seeks to Similar to Section I pricing, the discriminatory to assess the same incentivize these market participants to Exchange is only paying a rebate to Simple Order Fee for Removing transact a greater number of Simple Specialists and Market Makers and not Liquidity in SPY options to all market Order SPY options. The Exchange pay a similar rebate to other market participants. would assess higher fees to Customers participants because Specialists and The Exchange’s proposed Complex in the form of a Simple Order Fee for Market Makers have obligations to the Order pricing is equitable and not 33 Removing Liquidity in SPY options. market and regulatory requirements, unfairly discriminatory for the reasons Assessing Customers Fees for Removing which normally do not apply to other below. Today, Customers are not Liquidity, similar to other market market participants. They have assessed a Complex Order Fee for participants, is reasonable in a ‘‘Make/ obligations to make continuous markets, Adding or Removing Liquidity in Select Take’’ pricing model because the model engage in a course of dealings Symbols. In a classic pricing model, the seeks to reward liquidity providers by reasonably calculated to contribute to Exchange has traditionally not assessed assessing takers. Other options the maintenance of a fair and orderly fees to Customers because Customer exchanges similarly assess Customers market, and not make bids or offers or 31 order flow brings unique benefits to the fees to remove liquidity. The enter into transactions that are market. Other market participants Exchange also believes that it is inconsistent with a course of dealings. benefit from the liquidity that Customer reasonable to increase the Specialist and The proposed differentiation as between order flow brings to the Exchange. All Market Maker Complex Order Fees for Specialists and Market Makers and market participants, except Customers, Removing Liquidity in SPY options other market participants recognizes the today pay a $0.10 per contract Complex because Specialists and Market Makers differing contributions made to the Order Fee for Adding Liquidity in Select would continue to be assessed lower liquidity and trading environment on Symbols. The Exchange proposes to fees as compared to Firms, Broker- the Exchange by these market continue to assess all market Dealers and Professionals 32 and by participants. With respect to Firms, participants, other than Customers, a increasing this fee, the Exchange is able Broker-Dealers and Professionals, today $0.10 per contract Complex Order Fee to pay the proposed $0.38 per contract the Exchange pays no Rebate for Adding for Adding Liquidity in SPY Options. Customer rebate in Complex Orders in Liquidity in Select Symbols to these Today, Specialists and Market Makers SPY options. market participants and uniformly pay a $0.25 per contract Complex Order The Exchange’s proposed Simple assesses a $0.45 per contract Fee for Fee for Removing Liquidity in Select Order pricing is equitable and not Adding and Removing Liquidity for Symbols and Firms, Broker-Dealers and unfairly discriminatory for the reasons Simple Orders in Select Symbols. The Professionals pay a $0.50 per contract below. Today, Specialists and Market Exchange is proposing to continue to Complex Order Fee for Removing Makers transacting Simple Orders in not pay a Simple Order Rebate for Liquidity in Select Symbols. The Select Symbols are paid a $0.20 per Adding Liquidity to Firms, Broker- Exchange proposes to increase the contract Rebate for Adding Liquidity Dealers and Professionals in SPY Complex Order Fee for Removing only when the Specialist or Market options and also to not assess a Fee for Liquidity in SPY options for Specialists Maker is contra to a Specialist, Market Adding Liquidity for Simple Orders in and Market Makers from $0.25 to $0.40 Maker, Firm, Broker-Dealer or SPY options. The Exchange proposes to per contract. Firms, Broker-Dealers and Professional and they also pay a $0.10 lower the Fee for Removing Liquidity Professionals would continue to be per contract Fee for Adding Liquidity for Simple Orders in SPY options for assessed $0.50 per contract Complex and a $0.45 per contract Fee for Firms, Broker-Dealers and Professionals Order Fee for Removing Liquidity in Removing Liquidity in Select Symbols. from $0.45 to $0.44 per contract. The SPY options because the Exchange is The Exchange is proposing to continue Exchange would continue to uniformly seeking to narrow the differential as to pay Specialists and Market Makers a assess the Fees for Removing Liquidity between Specialists and Market Makers Rebate for Adding Liquidity in Simple to all market participants for Simple and Firms, Broker-Dealers and Orders in SPY options, but without Orders in SPY options. Customers Professionals. Today, Specialists and limitation as to contra-party. The would be assessed higher fees for Market Maker pay a Complex Order Fee Exchange would not assess a Fee for Simple Orders in SPY options in terms for Removing Liquidity in Select Adding Liquidity and would assess a of removing liquidity but would Symbols of $0.25 per contract whereas $0.01 per contract lower Fee for continue to be free with respect to Firms, Broker-Dealers and Professionals Removing Liquidity ($0.44 vs. $0.45 per adding liquidity. Today, Customers do pay $0.50 per contract. That $0.25 per contract) for Simple Orders in SPY not receive a Rebate for Adding contract differential as between these options. Liquidity for Simple Orders in Select market participants when removing The Exchange believes that by Symbols nor do they pay a Fee for liquidity in Complex Orders would be providing Specialists and Market Adding Liquidity in Simple Orders for narrowed to $0.10 per contract by Select Symbols. This will continue to be increasing the Specialist and Market 31 See The NASDAQ Options Market LLC’s the case for Simple Orders in SPY Maker Complex Order Fee for Removing (‘‘NOM’’) Rules at Chapter XV, Section 2. NOM options. Today, Customers do not pay a assesses Customers a $0.45 per contract Fee for Liquidity from $0.25 to $0.40 per Simple Order Fee for Removing Removing Liquidity in Penny Pilot Options and a contract. The Exchange believes it is $0.82 Fee for Removing Liquidity in Non-Penny Pilot Options. 33 See Rule 1014 titled ‘‘Obligations and equitable and not unfairly 32 Customers are not assessed a Complex Order Restrictions Applicable to Specialists and discriminatory to continue to assess Fee for Removing Liquidity in SPY options. Registered Options Traders.’’ lower fees in SPY options to Specialists

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and Market Makers as compared to $0.38 per contract in SPY options transactions in Select Symbols and QCC Firms, Broker-Dealers and Professionals because such a rebate would attract Orders (electronic and floor because as explained herein, Specialists increased Customer Complex Order transactions) is reasonable, equitable and Market Makers have obligations to flow to the Exchange which liquidity and not unfairly discriminatory because the market and regulatory benefits all market participants. this is the same manner in which the requirements,34 which normally do not Customer order flow benefits market Monthly Firm Fee Cap applies to apply to other market participants. participants and provides the Section I pricing. As discussed more fully below, the opportunity for increased order The Exchange’s proposal to not Exchange believes that reducing the interaction on the Exchange. collect PFOF on transactions in SPY current fee differential for SPY options The Exchange believes that it is options is reasonable because the in new Section C, as well as Select reasonable, equitable and not unfairly Exchange seeks to encourage market Symbols, from $0.05 to $0.02 per discriminatory to specify within new participants to transact a greater number contact is reasonable because the Section C (SPY) pricing that similar to of SPY option orders. The Exchange’s Exchange believes that reducing Section I (Select Symbol) pricing, the proposal to not collect PFOF on Specialist and Market Maker Fees for order that is received by the trading transactions in SPY options is equitable Removing Liquidity in Complex Orders system first in time shall be considered and not unfairly discriminatory because when such orders are directed to these an order adding liquidity and an order the Exchange would not assess PFOF on [sic] seeks to incentivize market that trades against that order shall be any market participant transacting SPY. participants to direct and transact a considered an order removing liquidity, The Exchange’s proposal to apply the greater number of Customer Complex except with respect to orders that trigger Cancellation Fee for each cancelled Orders at the Exchange. Creating these an order exposure alert and that Simple electronically delivered Professional incentives and attracting Customer Orders that are executed against the AON order in SPY options as it applies Complex Orders to the Exchange, in individual components of Complex today to Select Symbols is reasonable, turn, benefits all market participants Orders will be assessed the fees and equitable and not unfairly through increased liquidity at the rebates in Part A, however, the discriminatory as the Exchange is not Exchange. A higher percentage of individual components of such a proposing to treat SPY options Customer Complex Orders leads to Complex Order will be assessed the fees differently from Select Symbols with increased Complex Order auctions and in Part B. The Exchange believes that respect to the Cancellation Fee. better opportunities for price this text will clarify the application of The Exchange’s proposal to subject improvement. the pricing in Section C, similar to transactions in SPY options originating The Exchange believes that reducing Section I. The Exchange is not on the Exchange floor to the Multiply the current fee differential for SPY proposing to amend this language, but Listed Options Fees in Section II, unless options in new Section C, as well as rather represent that the same method one side of the transaction originates on Select Symbols, from $0.05 to $0.02 per by which the Exchange determines the Exchange floor and any other side of contact is equitable and not unfairly whether an order adds or removes the trade was the result of an discriminatory because Specialists and liquidity and what pricing applies, electronically submitted order or a Market Makers have burdensome Simple or Complex, applies in new quote, then applicable fees in Part C will quoting obligations 35 to the market Section C. apply to the transactions which which do not apply to Firms, The Exchange’s proposal to assess no originated on the Exchange floor and Professionals and Broker-Dealers. Also, fees and pay no rebates on transactions contracts that are executed Specialists and Market Makers that which execute against an order for electronically on all sides of the transaction is reasonable, equitable and receive directed orders have higher which the Exchange broadcast an order not unfairly discriminatory because the quoting obligations 36 compared to other exposure alert in SPY is reasonable Exchange proposes to not amend the Specialists and Market Makers and because by not imposing any pricing manner in which SPY options are therefore are assessed a lower fee when when market participants respond to treated today as Select Symbols. they transact with a Customer order that broadcasts orders and remove orders from the Phlx Book will incentivize The Exchange’s proposal to treat was directed to them for execution as Customer executions which occur as compared to Specialists and Market market participants to respond to additional broadcast orders. The part of a non-Complex electronic Makers. In addition, the Exchange Exchange’s proposal to assess no fees auction and a Complex electronic believes that reducing the discount for and pay no rebates on transactions auction in the same manner for SPY directed orders will narrow the fee which execute against an order for options as exists today for Select differential as between Specialists and which the Exchange broadcast an order Symbols is reasonable, equitable and Market Makers that receive directed exposure alert in SPY options is not unfairly discriminatory because the orders and those that do not receive equitable and not unfairly Exchange is not proposing to amend directed orders. these fees. In addition, the Exchange The Exchange believes that it is discriminatory because the Exchange would pay the applicable proposed reasonable, equitable and not proposes to not assess fees or pay Customer Complex Order rebate of unreasonably discriminatory 37 to pay a rebates uniformly for all market $0.38 per contract for Customer Customer Complex Order rebate of participants. The Exchange’s proposal to not apply executions in an auction which should the Monthly Market Maker Cap to benefit market participants as described 34 See Rule 1014 titled ‘‘Obligations and Restrictions Applicable to Specialists and electronic transactions in the Select herein. Registered Options Traders.’’ Symbols, except QCC Transaction Fees The Exchange believes that paying 35 See Rule 1014 titled ‘‘Obligations and is reasonable, equitable and not unfairly Customers a $0.38 per contract rebate Restrictions Applicable to Specialists and discriminatory because this is the same when Complex Order transactions in Registered Options Traders.’’ manner in which the Monthly Market SPY options are transacted is reasonable 36 Id. 37 The Commission notes that Section 6(b) of Act Maker Cap applies to Section I pricing. because it encourages Customer order the prohibits unfair discrimination. 15 U.S.C. The Exchange’s proposal to apply the flow in SPY options, which order flow 78f(b). Monthly Firm Fee Cap to floor benefits all market participants. The

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Exchange believes that paying The Exchange’s proposal to amend Under the proposal, all non-Customer Customers a $0.38 per contract rebate PIXL pricing for SPY options is market participants would be treated in when Complex Order transactions in equitable and not unfairly a uniform manner when responding to SPY options are transacted is equitable discriminatory because the Exchange PIXL auctions. In order to remain and not unfairly discriminatory because proposes to assess all market competitive, the Exchange must Customer order flow bring unique participants transacting SPY options in implement fees and rebates that are benefits to the market which benefits all PIXL a $0.05 per contract for Initiating competitive with pricing at other market participants. The Exchange Orders in SPY options. The Exchange’s options exchanges that offer a similar today offers Customer rebates in Section proposal to increase the fee for non- auction opportunity. While the B and would now instead pay this Customer market participants that are proposed fees would increase the rebate for SPY options in Complex contra to a PIXL Order from $0.30 to differential between a non-Customer Orders. $0.38 per contract is equitable and not market participants that initiated the The Exchange’s proposal to treat QCC unfairly discriminatory because the PIXL auction and a non-Customer Transaction fees and rebates for SPY Exchange is seeking to incentivize market participants responding to the options in the same manner as exists Customer orders in PIXL. As explained PIXL auction, the Exchange believes the today for Select Symbols is reasonable, herein, Customer order flow benefits all fee differential is important in that it equitable and not unfairly market participants through increased affords the Exchange the opportunity to discriminatory because the Exchange is liquidity and therefore increasing the pay Customers a rebate in order to not proposing to amend these fees or fee that will be assessed to non- provide the required incentives for rebates. Customer market participants benefits market participants to continue to The Exchange’s proposal to amend all market participants because of the utilize PIXL for SPY options executions PIXL pricing for SPY options is increased liquidity that such order flow where the participant seeks price reasonable because the Exchange is will bring to the market. With respect to improvement. PIXL Orders that are contra to other seeking to incentivize market Section I Complex Orders participants to transact a greater number than the Initiating Order, the Exchange of SPY options in PIXL by lower the will not assess a Customer PIXL Order Customer Complex Orders are Initiating Order Fee to $0.05 per a fee unless the order is contra a becoming an increasingly important contract for all market participants for Customer order and then the fee will be segment of options trading. The all PIXL transactions. The Exchange’s increased because of the rebate that is Exchange believes that reducing the proposal to increase the fee that will be being assessed. The Exchange believes current fee differential for Select assessed to non-Customer market that it is equitable and not unfairly Symbols in Section I and SPY options participants that are contra to an discriminatory to lower fees for all in new Section C from $0.05 to $0.02 Initiating Order for SPY options from market participants that are contra to per contact is reasonable because the $0.30 to $0.38 per contract is reasonable other than an Initiating Order because Exchange believes that reducing because the Exchange is offering to pay the treatment is the same for all Specialist and Market Maker Fees for a Customer rebate of $0.38 per contract participants; the fee amendment applies Removing Liquidity in Complex Orders when the PIXL Order is contra to an uniformly to all non-Customer market when such orders are directed to these order other than an Initiating Order 38 in participants. Also, the Exchange seeks to incentivize market participants order to incentivize market participants proposes to uniformly assess all market to direct and transact a greater number to transact a greater number of Customer participants a fee when a Customer of Customer Complex Orders at the SPY options in PIXL. The fee increase rebate would be paid to enable the Exchange. Creating these incentives and would provide the Exchange the Exchange to offer the rebate. The attracting Customer Complex Orders to opportunity to offer the $0.38 Customer Exchange believes that widening the the Exchange, in turn, benefits all rebate. The Exchange also believes that differential as between the Initiating market participants through increased it is reasonable to assess a PIXL Order Order Fee and the contra party to the liquidity at the Exchange. A higher that is contra to other than the Initiating PIXL Order ($0.05 vs. $0.38) as percentage of Customer Complex Orders Order $0.00 per contract, unless the compared to the cost to transact a PIXL leads to increased Complex Order order is a Customer order, in which case Order today ($0.05 or $0.07 per contract auctions and better opportunities for the Exchange would pay a Customer vs. $0.30) does not misalign the cost of price improvement. rebate of $0.38 per contract to remove these transactions depending on the The Exchange believes that reducing liquidity because the Exchange desires market participant because the the current fee differential for Select to incentivize its market participants to Exchange would now not assess a fee in Symbols and SPY options from $0.05 to transact a greater number of SPY PIXL the case that PIXL Order is contra to $0.02 per contact is equitable and not orders. The Exchange believes it is other than the Initiating Order, which is unfairly discriminatory because reasonable that all other contra parties not a Customer, and would pay the Specialists and Market Makers have 40 to the PIXL Order, other than the Customer a rebate in the case where the burdensome quoting obligations to Initiating Order, will be equally contra party is a Customer. Further, the the market which do not apply to Firms, assessed a reduced Fee for Removing Exchange notes that Specialist and Professionals and Broker-Dealers. Also, Liquidity of $0.38 per contract when Market Makers today pay a combined Specialists and Market Makers that removing or they will receive the Rebate fee of $0.55 39 to respond to a PIXL receive directed orders have higher 41 for Adding Liquidity if adding because auction when the PIXL Order is a quoting obligations compared to other the Exchange desires to equally provide Customer order, whereas Broker-Dealers Specialists and Market Makers and all market participants the same or Professionals responding to PIXL therefore are assessed a lower fee when incentivizes to encourage them to auctions pay only $0.30 per contract. they transact with a Customer order that transact a greater number of SPY PIXL 40 Orders. 39 The combined fee of $0.55 per contract is See Rule 1014 titled ‘‘Obligations and calculated by adding the transaction fee of $0.30 per Restrictions Applicable to Specialists and contract in Section I and the PFOF of $0.25 per Registered Options Traders.’’ 38 See note 20. contract. 41 Id.

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was directed to them for execution as of the purposes of the Act. The except when contra to a Customer order compared to Specialists and Market Exchange believes that its proposal to because that is the only case where a Makers. In addition, the Exchange amend the Customer Rebate Program to rebate is paid to a Customer in PIXL. believes that reducing the discount for increase certain rebates offered by the There is also the opportunity for directed orders will narrow the fee Exchange does not impose an undue Specialists and Market Makers to differential as between Specialists and burden on competition because all receive a Rebate To Add Liquidity when Market Makers that receive directed market participants may participate in transacting SPY options. The Exchange orders and those that do not receive the Customer Rebate Program. The does not believe the proposal creates an directed orders. Exchange’s proposal to not pay rebates undue burden on competition, the The Exchange’s proposal to remove on SPY options in the Customer Rebate increased fees when transacting PIXL SPY from the list of Select Symbols in Program because the Exchange is Orders in SPY Options allow for the Section I is reasonable because the new proposing to offer rebates on SPY Exchange to pay Customer rebates pricing in Section C of the Pricing options as part of new Part C also does which in turn brings necessary liquidity Schedule would now apply to SPY not impose an undue burden on to the PIXL auction and promotes options. The Exchange’s proposal to competition because the Exchange is competition. Further, in 2013, remove SPY from the list of Select offering to pay Customer rebates on SPY Specialists and Market Makers Symbols in Section I is equitable and options as part of a new pricing represented 99.8% of responders to SPY not unfairly discriminatory because the schedule to encourage market PIXL auctions. Specialists and Market new pricing in Section C would apply participants to transact a greater number Makers were the contra party to a uniformly to all market participants for of SPY options. Customer order 97.7% of the time. SPY options just as the pricing in The Exchange believes that the Therefore, under the current pricing Section I would apply uniformly to all proposed pricing for SPY options, structure, the effective rate for symbols noted in that section. which provides greater incentives to Specialists and Market Makers transact both SPY Simple and Complex Section IV—PIXL Amendments responding to SPY PIXL orders was Orders creates additional opportunity $0.5443, which means the effective The Exchange’s proposal to amend for all market participants to decrease differential today is $0.4943. The PIXL pricing at Section IV, Part A of the cost and bring additional liquidity to the proposed SPY PIXL pricing actually Pricing Schedule is reasonable because market by offering the Exchange an reduces the effective differential among the Exchange is attempting to attract ability to provide rebates to Customers, Broker-Dealers, which the Exchange PIXL order flow by incentivizing Specialists and Market Makers. The believes enhances competition among members. The Exchange believes that proposed differentiation as between Broker-Dealers, enriches the price this amendment will encourage market Customers, Specialists and Market discovery process and creates further participants to transact a greater number Makers and other market participants price improvement opportunities for of larger sized orders in PIXL. Today, (Professionals, Firms and Broker- Customers. the Exchange offers Firms the Dealers) recognizes the differing With respect to reducing the Complex opportunity to reduce the PIXL contributions made to the liquidity and Order Fees for Removing Liquidity in Initiating Order Fee which is currently trading environment on the Exchange by Select Symbols and SPY options for $0.07 or $0.05 per contract if a Firm that these market participants. The Exchange orders directed to Specialists and is a contra to a Customer PIXL Order believes that not assessing fees or Market Makers, it is important to note transacts an order which exceeds 999 paying rebates when a market that Specialists and Market Makers are contracts. The Exchange now desires to participant executes against an order for unaware of the identity of the contra- incentivize all market participants that which the Exchange broadcast an order party at the time of the trade and are are assessed an Initiating Order Fee to exposure alert in SPY options creates also required to execute at the best transact large PIXL Orders (greater than competition among market participants price, pursuant to Exchange Rules, 999 contracts) by expanding the to remove liquidity from the Phlx Book. against an order intended for them by an reduction of the Initiating Order Fee to This competition does not create an order flow provider in order to be a Professional, Broker-Dealer, Specialist undue burden on competition but rather assessed the reduced Complex Order and Market Maker. The Exchange would offers all market participants the Fee for Removing Liquidity. The offer all market participants, other than opportunity to receive the benefit of the Exchange is proposing to decrease the Customers who are not assessed an pricing when transacting SPY options. fee differential as between Specialists Initiating Order Fee, an incentive to The Exchange’s proposal to not collect and Market Makers that receive directed transact large sized orders in PIXL. PFOF on SPY transactions likewise orders and those that do not receive The Exchange’s proposal to amend promotes competition in SPY by directed orders in Select Symbols and PIXL pricing at Section IV, Part A of the reducing costs to all market participants SPY. The Exchange believes that Pricing Schedule is equitable and not that pay PFOF. decreasing this fee differential does not unfairly discriminatory because the The Exchange’s proposal to reduce create an undue burden on competition. Exchange would uniformly provide all the PIXL Initiating Order fee for all Today, PIXL pricing is proposed to market participants that are assessed the market participants transacting SPY incentivize Firms to bring Initiating Initiating Order Fee an opportunity to options promotes competition in this Orders to a PIXL auction by offering an reduce the Initiating Order Fee to $0.00 highly liquid option. The Exchange’s incentive to reduce the Initiating Order per contract provided the requisite proposal to increase the differential as Fee. By expanding the opportunity to all number of orders is transacted. between the Initiating Order Fee and the market participants that pay an PIXL Order in SPY options is offset by Initiating Order Fee to reduce those fees, B. Self-Regulatory Organization’s the rebate that is offered to the Customer the Exchange encourages competition Statement on Burden on Competition transacting SPY which in turn brings among market participants to price The Exchange does not believe that liquidity to the PIXL auction. The improve the order. the proposed rule change will impose Exchange is proposing to not assess the The Exchange operates in a highly any burden on competition not PIXL Order that is contra to other than competitive market, comprised of necessary or appropriate in furtherance the Initiating Order in SPY options a fee eleven exchanges, in which market

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participants can easily and readily All submissions should refer to File SECURITIES AND EXCHANGE direct order flow to competing venues if Number SR–Phlx–2013–61. This file COMMISSION they deem fee levels at a particular number should be included on the venue to be excessive or rebates to be subject line if email is used. To help the [Release No. 34–69764; File No. SR– inadequate. Accordingly, the fees that Commission process and review your NYSEMKT–2013–49] are assessed and the rebates paid by the comments more efficiently, please use Exchange described in the above only one method. The Commission will Self-Regulatory Organizations; NYSE proposal are influenced by these robust post all comments on the Commission’s MKT LLC; Notice of Filing and market forces and therefore must remain Internet Web site (http://www.sec.gov/ Immediate Effectiveness of Proposed competitive with fees charged and rules/sro.shtml). Copies of the Rule Change Proposing To Permit rebates paid by other venues and submission, all subsequent Traders Conducting Certain Futures therefore must continue to be reasonable amendments, all written statements and Options Trading on ICE Futures and equitably allocated to those with respect to the proposed rule U.S. in Space Rented From the members that opt to direct orders to the change that are filed with the Exchange at 20 Broad Street To Exchange rather than competing venues. Commission, and all written Access the IFUS Trading Floor Prior to C. Self-Regulatory Organization’s communications relating to the 7 a.m. and on Days That the Exchange Statement on Comments on the proposed rule change between the Is Closed Via the Exchange’s 11 Wall Proposed Rule Change Received From Commission and any person, other than Street Facilities and To Permit Members, Participants, or Others those that may be withheld from the Additional IFUS Traders To Conduct No written comments were either public in accordance with the Business on the IFUS Trading Floor solicited or received. provisions of 5 U.S.C. 552, will be June 13, 2013. available for Web site viewing and III. Date of Effectiveness of the printing in the Commission’s Public Pursuant to Section 19(b)(1) 1 of the Proposed Rule Change and Timing for Securities Exchange Act of 1934 (the Commission Action Reference Room, 100 F Street NE., Washington, DC 20549, on official ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The foregoing rule change has become business days between the hours of notice is hereby given that on June 3, effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the 2013, NYSE MKT LLC (the ‘‘Exchange’’ 42 19(b)(3)(A)(ii) of the Act. At any time filing also will be available for or ‘‘NYSE MKT’’) filed with the within 60 days of the filing of the inspection and copying at the principal Securities and Exchange Commission proposed rule change, the Commission office of the Exchange. All comments (the ‘‘Commission’’) the proposed rule summarily may temporarily suspend received will be posted without change; change as described in Items I, II, and such rule change if it appears to the the Commission does not edit personal III below, which Items have been Commission that such action is prepared by the self-regulatory necessary or appropriate in the public identifying information from submissions. You should submit only organization. The Commission is interest, for the protection of investors, publishing this notice to solicit or otherwise in furtherance of the information that you wish to make available publicly. comments on the proposed rule change purposes of the Act. If the Commission from interested persons. takes such action, the Commission shall All submissions should refer to File institute proceedings to determine Number SR–Phlx–2013–61 and should I. Self-Regulatory Organization’s whether the proposed rule should be be submitted on or before July 11, 2013. Statement of the Terms of Substance of approved or disapproved. For the Commission, by the Division of the Proposed Rule Change IV. Solicitation of Comments Trading and Markets, pursuant to delegated The Exchange proposes to permit 43 Interested persons are invited to authority. traders conducting certain futures and submit written data, views, and Kevin M. O’Neill, options trading on ICE Futures U.S. arguments concerning the foregoing, Deputy Secretary. (‘‘IFUS’’) 4 in space rented from the including whether the proposed rule [FR Doc. 2013–14686 Filed 6–19–13; 8:45 am] Exchange at 20 Broad Street (the ‘‘IFUS change is consistent with the Act. BILLING CODE 8011–01–P Trading Floor’’) to access the IFUS Comments may be submitted by any of Trading Floor prior to 7 a.m. and on the following methods: days that the Exchange is closed via the Electronic Comments Exchange’s 11 Wall Street facilities and • to permit additional IFUS traders to Use the Commission’s Internet conduct business on the IFUS Trading comment form (http://www.sec.gov/ Floor (together, the ‘‘Proposal’’). rules/sro.shtml); or • Send an email to rule- The text of the proposed rule change [email protected]. Please include File is available on the Exchange’s Web site Number SR–Phlx–2013–61 on the at www.nyse.com, at the principal office subject line. of the Exchange, and at the Commission’s Public Reference Room. Paper Comments • Send paper comments in triplicate 1 15 U.S.C. 78s(b)(1). to Elizabeth M. Murphy, Secretary, 2 15 U.S.C. 78a. Securities and Exchange Commission, 3 17 CFR 240.19b–4. 100 F Street NE., Washington, DC 4 IFUS is a Designated Contract Market pursuant to the Commodity Exchange Act, as amended, and 20549–1090. is regulated by the U.S. Commodity Futures Trading Commission (‘‘CFTC’’). IFUS was formerly known 42 15 U.S.C. 78s(b)(3)(A)(ii). 43 17 CFR 200.30–3(a)(12). as the New York Board of Trade (‘‘NYBOT’’).

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II. Self-Regulatory Organization’s the Exchange. As noted, access would The additional IFUS Traders would Statement of the Purpose of, and be limited to hours before the 18 Broad be located with the other IFUS Traders Statutory Basis for, the Proposed Rule Street entrance opens at 7 a.m. Because in the Blue Room (which, as the Change the Exchange is not open for the Original Filing notes, contains privacy 6 In its filing with the Commission, the transaction of business until 9:30 a.m., barriers consisting of eight foot walls self-regulatory organization included the Exchange does not believe that providing visual and sound insulation statements concerning the purpose of, allowing one or more IFUS Traders to to reduce the likelihood that trading and basis for, the proposed rule change briefly cross the Main Room on the way screens can be viewed or conversations and discussed any comments it received to the Blue Room prior to 7 a.m., which overheard between firms and traders) on the proposed rule change. The text is significantly prior to the Exchange’s and would be subject to the same of those statements may be examined at open, would pose any realistic risk that restrictions on accessing the Blue Room the places specified in Item IV below. the IFUS Traders would be exposed to described above and in the Original The Exchange has prepared summaries, confidential customer order information Filing. The names of the additional set forth in sections A, B, and C below, or other confidential trading IFUS Traders would also be provided to of the most significant parts of such information. the Financial Industry Regulatory statements. To date, only one IFUS Trader has Authority (‘‘FINRA’’) which conducts requested and been provided access surveillance of the NYSE MKT and A. Self-Regulatory Organization’s before 7 a.m. following review and NYSE markets to enable FINRA to more Statement of the Purpose of, and the approval by NYSE Regulation and IFUS readily identify any potentially violative Statutory Basis for, the Proposed Rule Market Regulation. As a condition of trading involving the IFUS Traders.8 Change permitting access, IFUS Market Any additional IFUS Traders would 1. Purpose Regulation advised the trader that not trade any of the products traded on access to the IFUS Trading Floor NYSE MKT, and there is extremely On February 13, 2013, the Exchange through the 11 Wall Street entrance is limited overlap in related products filed a proposed rule change to relocate only permitted in the morning prior to traded by the IFUS Traders and on the trading of certain futures and options 7 a.m. and that this is the only time the NYSE MKT. Moreover, even with contracts conducted on IFUS from trader was permitted to cross through or additional traders conducting business rented space at the New York be on the Main Floor. The trader was in coffee and sugar products on the Mercantile Exchange (‘‘NYMEX’’) to also reminded that access to and from IFUS Trading Floor, the IFUS Traders trading space at 20 Broad Street, New the IFUS Trading Floor after 7:00 a.m. overall will continue to execute a very York, New York, commonly known as must be via the 18 Broad Street small volume of predominantly cotton the ‘‘Blue Room’’, and amend NYSE entrance. As proposed, any additional options. In light of these facts, the MKT Rule 6A, which defines the terms requests for access to the IFUS Trading Exchange believes it is highly unlikely ‘‘Trading Floor’’ and ‘‘NYSE Amex Floor prior to 7 a.m. will be subject to that any order handled by one of them Options Trading Floor’’ (the ‘‘Original the same restrictions. could impact the price of any individual Filing’’).5 The Original Filing stated that In addition, the Exchange proposes to security traded on the Exchange. In this the IFUS traders relocating to 20 Broad regard, the Exchange continues to Street (the ‘‘IFUS Traders’’) and their clarify that the IFUS Traders may access the Blue Room via the Exchange’s 11 believe that the pricing correlation clerical employees would be prohibited between order flow in IFUS products from entering the Main Room, where Wall Street facilities on days that the Exchange is closed.7 The Exchange and securities traded on NYSE MKT is most of the New York Stock Exchange tenuous at best and that it is extremely LLC (‘‘NYSE’’) and NYSE MKT Equities believes that there is no realistic risk that the IFUS Traders would be exposed unlikely that information overheard by Floor brokers and all NYSE and NYSE an equities Floor broker or an IFUS MKT Equities Designated Market to confidential customer order information or other confidential Trader could be used to benefit the Makers (‘‘DMMs’’) are located, as well broker’s or trader’s proprietary, personal as the NYSE Amex Options trading trading information on legal holidays when the Exchange is closed. or other customer trading. floor. Moreover, the Original Filing Accordingly, the Exchange does not stated that the IFUS Traders can only The Exchange also seeks to allow additional IFUS Traders and relevant believe that permitting additional IFUS utilize the 18 Broad Street entrance to Traders to conduct business on the IFUS access the Blue Room. support staff to conduct business on the IFUS Trading Floor in its new location. Trading Floor in the Blue raises any However, because the 18 Broad Street regulatory concerns. entrance does not open until 7 a.m., the IFUS has received several requests from Exchange proposes to clarify that the traders who previously traded coffee 2. Statutory Basis and sugar products on IFUS when it was IFUS Traders may, on an as needed The Exchange believes that the located at NYMEX to resume trading on basis and only prior to 7 a.m., access the Proposal is consistent with the IFUS. The Exchange believes that it is Blue Room via the Exchange’s 11 Wall provisions of Section 6 of the Act,9 in appropriate to permit additional IFUS Street facilities, which would entail general, and Section 6(b)(5) of the Act,10 Traders and their support staff to walking through the Main Room to in particular, in that it is designed to relocate to the Blue Room pursuant to access the Blue Room. Given that the prevent fraudulent and manipulative IFUS Traders’ Exchange-issued all of the conditions specified in identification badges do not provide Original Filing. 8 Providing the names of the IFUS Traders to access to 11 Wall Street, any IFUS FINRA will be for the purpose of regulatory Trader wishing to access their 6 NYSE MKT Rule 52 limits dealings on the information sharing. Neither the Exchange nor workspace prior to 7 a.m. would need Exchange to the hours during which the Exchange FINRA will be responsible for regulating or is open for the transaction of business, which NYSE surveilling the IFUS Traders’ activity and the IFUS to request access and be approved by MKT Rule 51 defines to include a daily trading Traders will not be subject to the Exchange’s session between the hours of 9:30 a.m. and 4:30 jurisdiction. Rather, the IFUS Traders will continue 5 See Securities Exchange Act Release Nos. 68996 p.m. to be regulated by IFUS as they are today. (February 27, 2013), 78 FR 14378 (March 5, 2013) 7 Certain of the IFUS Traders conduct business on 9 15 U.S.C. 78f(b). (SR–NYSE–2013–13). foreign markets on Exchange holidays. 10 15 U.S.C. 78f(b)(5).

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acts and practices, to promote just and investors and the public interest, the amendments, all written statements equitable principles of trade, to foster proposed rule change has become with respect to the proposed rule cooperation and coordination with effective pursuant to Section 19(b)(3)(A) change that are filed with the persons engaged in facilitating of the Act and Rule 19b–4(f)(6)(iii) Commission, and all written transactions in securities, and to remove thereunder. communications relating to the impediments to and perfect the A proposed rule change filed under proposed rule change between the mechanism of a free and open market Rule 19b–4(f)(6) 13 normally does not Commission and any person, other than and a national market system. The become operative prior to 30 days after those that may be withheld from the Exchange believes that the Proposal is the date of the filing. However, pursuant public in accordance with the designed to remove impediments to and to Rule 19b–4(f)(6)(iii),14 the provisions of 5 U.S.C. 552, will be perfect the mechanism of a free and Commission may designate a shorter available for Web site viewing and open market and a national market time if such action is consistent with the printing in the Commission’s Public system. The Exchange believes that the protection of investors and the public Reference Room, 100 F Street NE., Proposal will permit the Exchange to interest. Washington, DC 20549–1090, on official allow additional IFUS Traders to utilize At any time within 60 days of the business between the hours of 10:00 space on the trading floor within the filing of such proposed rule change, the a.m. and 3:00 p.m. Copies of the filing existing regulatory framework at the Commission summarily may will also be available for inspection and Exchange, to efficiently and effectively temporarily suspend such rule change if copying at the NYSE’s principal office conduct business in their respective it appears to the Commission that such and on its Internet Web site at area consistent with maintaining action is necessary or appropriate in the www.nyse.com. All comments received necessary distinctions between the two public interest, for the protection of will be posted without change; the organizations. Moreover, the Proposal investors, or otherwise in furtherance of Commission does not edit personal will impose restrictions designed to the purposes of the Act. If the identifying information from prevent inappropriate information Commission takes such action, the submissions. You should submit only sharing by and between members and Commission shall institute proceedings information that you wish to make member firm employees on the Trading under Section 19(b)(2)(B) 15 of the Act to available publicly. All submissions Floor of the Exchange and additional determine whether the proposed rule should refer to File Number SR– IFUS Traders on the IFUS Trading change should be approved or NYSEMKT–2013–49 and should be Floor. disapproved. submitted on or before July 11, 2013. B. Self-Regulatory Organization’s IV. Solicitation of Comments For the Commission, by the Division of Statement on Burden on Competition Trading and Markets, pursuant to delegated Interested persons are invited to authority.16 The Exchange does not believe that submit written data, views, and Elizabeth M. Murphy, the Proposal will impose any burden on arguments concerning the foregoing, competition that is not necessary or including whether the proposed rule Secretary. appropriate in furtherance of the change is consistent with the Act. [FR Doc. 2013–14684 Filed 6–19–13; 8:45 am] purposes of the Act. The proposal is Comments may be submitted by any of BILLING CODE 8011–01–P designed to promote competition by the following methods: providing the Exchange the additional Electronic Comments SECURITIES AND EXCHANGE flexibility to maximize the use of its COMMISSION trading floor space. • Use the Commission’s Internet comment form (http://www.sec.gov/ C. Self-Regulatory Organization’s [Release No. 34–69761; File No. SR–FINRA– rules/sro.shtml); or 2013–024] Statement on Comments on the • Send an email to rule- Proposed Rule Change Received From [email protected]. Please include File Self-Regulatory Organizations; Members, Participants, or Others Number SR–NYSEMKT–2013–49 on the Financial Industry Regulatory No written comments were solicited subject line. Authority, Inc.; Notice of Filing of or received with respect to the proposed Paper Comments Proposed Rule Change Relating to rule change. Amendments to the Discovery Guide • Send paper comments in triplicate III. Date of Effectiveness of the Used in Customer Arbitration to Elizabeth M. Murphy, Secretary, Proceedings Proposed Rule Change and Timing for Securities and Exchange Commission, Commission Action 100 F Street NE., Washington, DC June 13, 2013. The Exchange has filed the proposed 20549–1090. Pursuant to Section 19(b)(1) of the rule change pursuant to Section All submissions should refer to File Securities Exchange Act of 1934 19(b)(3)(A)(iii) of the Act 11 and Rule Number SR–NYSEMKT–2013–49. This (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 19b–4(f)(6) thereunder.12 Because the file number should be included on the notice is hereby given that on June 3, proposed rule change does not: (i) subject line if email is used. To help the 2013, Financial Industry Regulatory Significantly affect the protection of Commission process and review your Authority, Inc. (‘‘FINRA’’) filed with the investors or the public interest; (ii) comments more efficiently, please use Securities and Exchange Commission impose any significant burden on only one method. The Commission will (‘‘SEC’’ or ‘‘Commission’’) the proposed competition; and (iii) become operative post all comments on the Commission’s rule change as described in Items I, II, prior to 30 days from the date on which Internet Web site (http://www.sec.gov/ and III below, which Items have been it was filed, or such shorter time as the rules/sro.shtml). Copies of the substantially prepared by FINRA. The Commission may designate, if submission, all subsequent Commission is publishing this notice to consistent with the protection of 13 17 CFR 240.19b–4(f)(6). 16 17 CFR 200.30–3(a)(12). 11 15 U.S.C. 78s(b)(3)(A)(iii). 14 17 CFR 240.19b–4(f)(6)(iii). 1 15 U.S.C. 78s(b)(1). 12 17 CFR 240.19b–4(f)(6). 15 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4.

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solicit comments on the proposed rule A. Self-Regulatory Organization’s requesting party to use during a change from interested persons. Statement of the Purpose of, and the proceeding. Statutory Basis for, the Proposed Rule The proposed guidance would also I. Self-Regulatory Organization’s Change state that when arbitrators are resolving Statement of the Terms of Substance of contested motions about the form of the Proposed Rule Change 1. Purpose document production, they should Background consider the totality of the FINRA is proposing to amend the The Guide supplements the discovery circumstances, including: Discovery Guide (‘‘Guide’’) used in • For documents in a party’s rules contained in the FINRA Code of customer arbitration proceedings to possession or custody, whether the Arbitration Procedure for Customer provide general guidance on electronic chosen form of production is different discovery (‘‘e-discovery’’) issues and Disputes (‘‘Customer Code’’). It includes from the form in which a document is product cases and to clarify the existing an introduction which describes the ordinarily maintained; provision relating to affirmations made discovery process generally, and • For documents that must be when a party does not produce explains how arbitrators should apply obtained from a third party (because documents specified in the Guide. The the Guide in arbitration proceedings. they are not in a party’s possession or The introduction is followed by two proposed rule change fulfills FINRA’s custody), whether the chosen form of Document Production Lists (Lists), one commitment to review the topics of e- production is different from the form in for firms/associated persons, and one for discovery and product cases with the which the third party provided it; and customers, which enumerate the • For documents converted from their Discovery Task Force (‘‘Task Force’’) documents that parties should exchange that FINRA established in 2011.3 FINRA original format, a party’s reasons for without arbitrator or staff intervention. choosing a particular form of believes that the proposed revisions to The Guide only applies to customer production; how the documents may the Guide will reduce the number and arbitration proceedings, not to intra- have been affected by the conversion to limit the scope of disputes involving industry cases. a new format; and whether the document production in customer cases, As stated above, in 2011 FINRA requesting party’s ability to use the thereby improving the arbitration updated the Guide and established the documents is diminished by any change process for the benefit of public Task Force. To fulfill the commitment in the documents’ appearance, investors, broker-dealer firms, and FINRA made to the SEC during the searchability, metadata, or associated persons. rulemaking process, the first topics that maneuverability. The text of the proposed rule change the Task Force discussed were e- The third factor would advise is available on FINRA’s Web site at discovery and product cases. The Task arbitrators to consider, among other http://www.finra.org, at the principal Force also reviewed concerns raised by things, whether a party’s ability to use office of FINRA and at the forum users about the affirmation a converted document is diminished by Commission’s Public Reference Room. language in the Guide’s introduction. a change in the documents’ appearance, searchability, metadata, or E-Discovery II. Self-Regulatory Organization’s maneuverability. If the SEC approves Statement of the Purpose of, and FINRA considers electronic files to be the proposed rule change, FINRA Statutory Basis for, the Proposed Rule documents within the meaning of the intends to provide arbitrators with Change Guide. As part of the 2011 revisions, guidance on the terms ‘‘appearance,’’ FINRA updated the Guide to expressly ‘‘searchability,’’ ‘‘metadata,’’ and In its filing with the Commission, state that electronic files are documents ‘‘maneuverability’’ in training materials FINRA included statements concerning within the meaning of the Guide and to be posted on FINRA’s Web site. the purpose of and basis for the that arbitrators decide any disputes that FINRA would include the substance of proposed rule change and discussed any arise about the form in which a party the following descriptions of each term comments it received on the proposed produces a document. Commenters on in the training materials: rule change. The text of these statements the proposed rule change asked FINRA • Appearance—In many instances, may be examined at the places specified for additional guidance on e-discovery. converting a document from its ‘‘native in Item IV below. FINRA has prepared The Task Force discussed e-discovery format’’ (the form in which the summaries, set forth in sections A, B, over numerous meetings and electronic file was created) to a hard and C below, of the most significant recommended that FINRA amend the copy or static format will not affect the aspects of such statements. Guide to include general guidelines for appearance of the document. However, arbitrators to consider when deciding that is not always the case. If, for disputes relating to the form of example, a party prints a Microsoft production for electronic documents. Word® document (‘‘Word document’’) FINRA is proposing to amend the and produces it in hard copy, it will Guide’s introduction to state that parties look the same. However, a party might are encouraged to discuss the form in configure some native files to print only 3 In 2011, FINRA received SEC approval to update the Guide (See Securities Exchange Act Rel. which they intend to produce certain portions of the document. For No. 64166 (April 1, 2011), 76 Federal Register documents and, whenever possible, to example, a party could set the print area ® 19155 (April 6, 2011), File No. SR–FINRA–2010– agree to the form of production. The on a Microsoft Excel spreadsheet 035). As part of the rule making process, FINRA provision would require parties to (‘‘Excel spreadsheet’’) to print only agreed to establish the Task Force under the produce electronic files in a ‘‘reasonably certain rows or columns. A hard copy auspices of the National Arbitration and Mediation usable format.’’ The term reasonably print-out of such an Excel spreadsheet Committee (NAMC). FINRA charged the Task Force usable format would refer, generally, to would contain less information than the with reviewing substantive issues relating to the Guide on a periodic basis to keep the Guide current the format in which a party ordinarily native file. Similarly, a hard copy print- ® as products change and new discovery issues arise. maintains a document, or to a converted out of a Microsoft PowerPoint FINRA pledged to ask the Task Force to review format that does not make it more presentation may not contain speaker’s e-discovery issues and product cases. difficult or burdensome for the notes that appear in the electronic file.

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• Searchability—Converting a native as narrowing the time frame or scope of persons who did not handle the file may affect the searchability of the an item on the Lists, or determining claimant’s account. document. If a party prints a Word whether another document can provide The Guide would explain that the two document and produces it in hard copy the same information. FINRA is mindful existing Lists may not provide all of the form, the document is not electronically of the costs associated with e-discovery documents parties typically request in a searchable. In its native form, the and is proposing to amend the cost or product case relating to, among other contents of a Word document can be burden of production provision to things, a firm’s: Creation of a product; searched electronically for key words or advise arbitrators that they may order a due diligence reviews of a product; information. Static electronic formats different form of production if it would training on or marketing of a product; or may or may not be searchable, lessen the cost or burden impact of post-approval review of a product. The depending on how they are converted. producing electronic documents. FINRA text would emphasize that, in a product • Metadata—Converting a native file believes the additional guidance would case, parties are not limited to the may also affect the availability of raise arbitrator awareness of alternative documents enumerated in the Lists. It metadata. Metadata describes how, ways to help parties to resolve an e- would also emphasize that the Customer when, and by whom electronically discovery dispute in a cost effective Code provides a mechanism for parties stored information (‘‘ESI’’) was manner. to seek additional documents. Finally, collected, created, accessed, or the Guide would explain that parties do modified, and how it is formatted. For Product Cases not always agree on whether a case is example, an email contains many pieces In its 2011 order approving revisions a product case, and the arbitrators may of metadata, such as the date and time to the Guide, the SEC noted that several ask the parties to explain their rationale it was sent, and information about who commenters raised concerns that the for asserting that a case is, or is not, a sent it, and who received it. It is revised Guide does not sufficiently product case. possible to convert a native file to a address product cases, as described FINRA staff considered adding an static format and keep all the metadata below.4 In response to these concerns, item to the firm/associated person List attached. It is also possible to produce FINRA agreed to ask the Task Force to that would enumerate specific some, but not all, metadata associated consider the topic. The Task Force documents that firms/associated with a native file. recognized that product cases are persons would be required to produce • Maneuverability—Converting a unique customer cases that differ from when a customer alleged that a claim native file into another format may other customer cases in several ways was a product case. Staff was mindful affect the maneuverability of a and recommended that FINRA add of the economic impact on firms that is document—the party’s ability to general guidelines to the Guide which associated with the larger volume of manipulate data using the native describe how product cases are different documents in product cases and application. For example, an Excel from other customer cases and which rejected that approach. Instead, FINRA spreadsheet in its native format can be outline the types of documents that is proposing general guidelines on the sorted and filtered for data and the user parties typically request in such cases. types of documents that customers can examine embedded formulas and FINRA is proposing to amend the typically request in products cases references. If the Excel spreadsheet is Guide’s introduction to add guidance on because general guidelines would printed or converted to certain formats, product cases. The Guide would state encourage parties to discuss their that ability is lost. that a product case is one in which one discovery needs and would encourage FINRA recognizes that parties have or more of the asserted claims centers arbitrators to be flexible when making a legitimate reasons for converting around allegations regarding the determination on whether to order documents into different formats, and widespread mismarketing or defective additional production. for requesting particular document development of a specific security or formats. For example, a firm may need specific group of securities. The Guide Affirmations to convert a document into a particular would enumerate some of the ways that The Guide provides for affirmations format to comply with legal product cases are different from other when a party indicates that there are no requirements to redact personal customer cases, including that: responsive documents in the party’s confidential information, such as • The volume of documents tends to possession, custody, or control. The customer Social Security numbers. A be much greater; affirmation language provides that, customer may need a document to • Multiple investor claimants may upon the request of a party seeking contain metadata in order to establish seek the same documents; documents, the customer, or appropriate when a broker learned specific • The documents are not client person at the firm who has knowledge, information. FINRA believes that specific; must state that the party conducted a • requiring production in a reasonably The product at issue is more likely good faith search for the documents, usable format and providing general to be the subject of a regulatory describe the extent of the search, and investigation; state that based on the search there are guidance on e-discovery would provide • arbitrators with the flexibility to tailor The cases are more likely to involve no requested documents. Forum users document production to the needs of a class action with documents subject to raised concerns that the language a mandatory hold; 5 each case. • creates a ‘‘loop hole’’ in which parties In conjunction with the proposed The same documents may have might assert that they are only required guidance on e-discovery, FINRA is been produced to multiple parties in to provide an affirmation relating to proposing to amend the Guide’s other cases involving the same security production when no documents are or to regulators; and discussion on cost or burden of • produced, as opposed to situations production. Currently, the Guide states Documents are more likely to relate where there is partial production. Some that if the arbitrators determine that the to due diligence analyses performed by users were also concerned that parties document is relevant or likely to lead to might affirm that they did not find 4 Supra Note 3. relevant evidence, they should consider 5 A mandatory hold is an act by an entity to documents where they looked as whether there are alternatives that can preserve documents and electronic information opposed to looking for documents in all lessen the cost or burden impact, such relevant to a lawsuit or government investigation. appropriate places. The Task Force

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discussed the forum users’ concerns and 2. Statutory Basis (B) institute proceedings to determine recommended that FINRA amend the FINRA believes that the proposed rule whether the proposed rule change affirmation language to add clarity to change is consistent with the provisions should be disapproved. the provision. of Section 15A(b)(6) of the Act,6 which IV. Solicitation of Comments To respond to these concerns, FINRA requires, among other things, that is proposing to amend the affirmation FINRA rules must be designed to Interested persons are invited to language to make it clear that a party prevent fraudulent and manipulative submit written data, views and may request an affirmation when an acts and practices, to promote just and arguments concerning the foregoing, opposing party makes only a partial equitable principles of trade, and, in including whether the proposed rule production. The revised language would general, to protect investors and the change is consistent with the Act. provide that, if a party does not produce public interest. FINRA believes that the Comments may be submitted by any of the following methods: a document specified in the Document proposed rule change will reduce the Production Lists, upon the request of number and limit the scope of disputes Electronic Comments involving document production in the party seeking the document that was • not produced, the customer or the customer cases, thereby improving the Use the Commission’s Internet appropriate person at the brokerage firm arbitration process for the benefit of comment form (http://www.sec.gov/ who has knowledge must affirm in public investors, broker-dealer firms, rules/sro.shtml); or • writing that the party conducted a good and associated persons. Send an email to rule- faith search for the requested document. B. Self-Regulatory Organization’s [email protected]. Please include File FINRA is also proposing to require a Statement on Burden on Competition Number SR–FINRA–2013–024 on the party to state the sources searched in the subject line. FINRA does not believe that the affirmation. FINRA believes the proposed rule change will result in any Paper Comments proposed revision would add clarity to burden on competition that is not • the affirmation text and reduce disputes Send paper comments in triplicate necessary or appropriate in furtherance over requests for affirmations. to Elizabeth M. Murphy, Secretary, of the purposes of the Act. FINRA Securities and Exchange Commission, Clarifying Amendments considered the potential impact of the 100 F Street NE., Washington, DC proposed rule change on efficiency, 20549–1090. FINRA is proposing to add additional competition, and capital formation. sub-headings to the Guide’s FINRA is concerned that production All submissions should refer to File introduction to break the introduction relating to e-discovery and product Number SR–FINRA–2013–024. This file into distinct sections that address cases can be time-consuming and costly number should be included on the specific concerns. The new headings for parties. The proposed revisions to subject line if email is used. To help the would be: Flexibility in Discovery; Cost the Guide would provide parties and Commission process and review your or Burden of Production; Requests for arbitrators with guidance on how to comments more efficiently, please use Additional Documents; Form of handle e-discovery matters and only one method. The Commission will Production; and Product Cases. FINRA document production relating to post all comments on the Commission’s believes the new headings will add product cases in a flexible, efficient, and Internet Web site (http://www.sec.gov/ clarity to the Guide. cost effective manner. The proposal rules/sro.shtml). Copies of the submission, all subsequent FINRA is proposing to move the would also clarify the provisions relating to affirmations and should amendments, all written statements sentence that reads: ‘‘[w]here additional with respect to the proposed rule documents are relevant in a particular reduce the inefficiency associated with disputes concerning affirmations. change that are filed with the case, parties can seek them in Commission, and all written accordance with the time frames C. Self-Regulatory Organization’s communications relating to the provided in the 12500 series of rules’’ to Statement on Comments on the proposed rule change between the the section that would be titled Requests Proposed Rule Change Received From Commission and any person, other than for Additional Documents. FINRA also Members, Participants, or Others those that may be withheld from the proposes to add the phrase ‘‘may be’’ Written comments were neither public in accordance with the before relevant to reflect that relevancy solicited nor received. provisions of 5 U.S.C. 552, will be is not always established at the time that available for Web site viewing and a party requests additional documents. III. Date of Effectiveness of the printing in the Commission’s Public Finally, FINRA proposes to amend the Proposed Rule Change and Timing for Reference Room, 100 F Street NE., sentence in that paragraph that states Commission Action Washington, DC 20549, on official that ‘‘[a]rbitrators must use their Within 45 days of the date of business days between the hours of judgment in considering requests for publication of this notice in the Federal 10:00 a.m. and 3:00 p.m. Copies of such additional documents and may not deny Register or within such longer period (i) filing also will be available for document requests on the grounds that as the Commission may designate up to inspection and copying at the principal the documents are not expressly listed 90 days of such date if it finds such office of FINRA. All comments received in the Discovery Guide’’ to add the term longer period to be appropriate and will be posted without change; the ‘‘solely’’ before the phrase ‘‘on the publishes its reasons for so finding or Commission does not edit personal grounds.’’ FINRA believes that adding (ii) as to which the self-regulatory identifying information from ‘‘solely’’ adds clarity to the Guide by organization consents, the Commission submissions. You should submit only ensuring that arbitrators understand that will: information that you wish to make they should not automatically sustain (A) By order approve or disapprove available publicly. All submissions an objection to production because a such proposed rule change, or should refer to File Number SR–FINRA– document is not expressly listed in the 2013–024 and should be submitted on Guide. 6 15 U.S.C. 78o–3(b)(6). or before July 11, 2013.

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For the Commission, by the Division of Floor. The text of the proposed rule identification badges do not provide Trading and Markets, pursuant to delegated change is available on the Exchange’s access to 11 Wall Street, any IFUS authority.7 Web site at www.nyse.com, at the Trader wishing to access their Elizabeth M. Murphy, principal office of the Exchange, and at workspace prior to 7 a.m. would need Secretary. the Commission’s Public Reference to request access and be approved by [FR Doc. 2013–14683 Filed 6–19–13; 8:45 am] Room. the Exchange. As noted, access would be limited to hours before the 18 Broad BILLING CODE 8011–01–P II. Self-Regulatory Organization’s Street entrance opens at 7 a.m. Because Statement of the Purpose of, and the Exchange is not open for the Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE transaction of business until 9:30 a.m.,6 Change COMMISSION the Exchange does not believe that In its filing with the Commission, the allowing one or more IFUS Traders to [Release No. 34–69763; File No. SR–NYSE– self-regulatory organization included 2013–38] briefly cross the Main Room on the way statements concerning the purpose of, to the Blue Room prior to 7 a.m., which Self-Regulatory Organizations; New and basis for, the proposed rule change is significantly prior to the Exchange’s York Stock Exchange LLC; Notice of and discussed any comments it received open, would pose any realistic risk that Filing and Immediate Effectiveness of on the proposed rule change. The text the IFUS Traders would be exposed to Proposed Rule Change To Permit of those statements may be examined at confidential customer order information Traders Conducting Certain Futures the places specified in Item IV below. or other confidential trading and Options Trading on ICE Futures The Exchange has prepared summaries, information. U.S. in Space Rented From the set forth in sections A, B, and C below, To date, only one IFUS Trader has Exchange at 20 Broad Street To of the most significant parts of such requested and been provided access Access the IFUS Trading Floor Prior to statements. before 7 a.m. following review and 7 a.m. and on Days That the Exchange A. Self-Regulatory Organization’s approval by NYSE Regulation and IFUS Is Closed Via The Exchange’s 11 Wall Statement of the Purpose of, and the Market Regulation. As a condition of Street Facilities and To Permit Statutory Basis for, the Proposed Rule permitting access, IFUS Market Additional IFUS Traders To Conduct Change Regulation advised the trader that Business on the IFUS Trading Floor access to the IFUS Trading Floor 1. Purpose through the 11 Wall Street entrance is June 13, 2013. On February 13, 2013, the Exchange only permitted in the morning prior to Pursuant to Section 19(b)(1) 1 of the filed a proposed rule change to relocate 7 a.m. and that this is the only time the Securities Exchange Act of 1934 (the trading of certain futures and options trader was permitted to cross through or ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 contracts conducted on IFUS from be on the Main Floor. The trader was notice is hereby given that June 3, 2013, rented space at the New York also reminded that access to and from New York Stock Exchange LLC Mercantile Exchange (‘‘NYMEX’’) to the IFUS Trading Floor after 7:00 a.m. (‘‘NYSE’’ or the ‘‘Exchange’’) filed with trading space at 20 Broad Street, New must be via the 18 Broad Street the Securities and Exchange York, New York, commonly known as entrance. As proposed, any additional Commission (the ‘‘Commission’’) the the ‘‘Blue Room’’, and amend NYSE requests for access to the IFUS Trading proposed rule change as described in Rule 6A, which defines the terms Floor prior to 7 a.m. will be subject to Items I, II, and III below, which Items ‘‘Trading Floor’’ and ‘‘NYSE Amex the same restrictions. have been prepared by the self- Options Trading Floor’’ (the ‘‘Original In addition, the Exchange proposes to regulatory organization. The Filing’’).5 The Original Filing stated that clarify that the IFUS Traders may access Commission is publishing this notice to the IFUS traders relocating to 20 Broad the Blue Room via the Exchange’s 11 solicit comments on the proposed rule Street (the ‘‘IFUS Traders’’) and their Wall Street facilities on days that the 7 change from interested persons. clerical employees would be prohibited Exchange is closed. The Exchange believes that there is no realistic risk I. Self-Regulatory Organization’s from entering the Main Room, where most of the NYSE and NYSE MKT LLC that the IFUS Traders would be exposed Statement of the Terms of Substance of to confidential customer order the Proposed Rule Change (‘‘NYSE MKT’’) Equities Floor brokers and all NYSE and NYSE MKT Equities information or other confidential The Exchange proposes to permit Designated Market Makers (‘‘DMMs’’) trading information on legal holidays traders conducting certain futures and are located, as well as the NYSE Amex when the Exchange is closed. options trading on ICE Futures U.S. Options trading floor. Moreover, the The Exchange also seeks to allow (‘‘IFUS’’) 4 in space rented from the Original Filing stated that the IFUS additional IFUS Traders and relevant Exchange at 20 Broad Street (the ‘‘IFUS Traders can only utilize the 18 Broad support staff to conduct business on the Trading Floor’’) to access the IFUS Street entrance to access the Blue Room. IFUS Trading Floor in its new location. Trading Floor prior to 7 a.m. and on However, because the 18 Broad Street IFUS has received several requests from days that the Exchange is closed via the entrance does not open until 7 a.m., the traders who previously traded coffee Exchange’s 11 Wall Street facilities and Exchange proposes to clarify that the and sugar products on IFUS when it was to permit additional IFUS traders to IFUS Traders may, on an as needed located at NYMEX to resume trading on conduct business on the IFUS Trading basis and only prior to 7 a.m., access the IFUS. The Exchange believes that it is Blue Room via the Exchange’s 11 Wall appropriate to permit additional IFUS 7 17 CFR 200.30–3(a)(12). Street facilities, which would entail Traders and their support staff to 1 15 U.S.C. 78s(b)(1). walking through the Main Room to 2 15 U.S.C. 78a. access the Blue Room. Given that the 6 NYSE Rule 52 limits dealings on the Exchange 3 17 CFR 240.19b–4. to the hours during which the Exchange is open for 4 IFUS is a Designated Contract Market pursuant IFUS Traders’ Exchange-issued the transaction of business, which NYSE Rule 51 to the Commodity Exchange Act, as amended, and defines to include a daily trading session between is regulated by the U.S. Commodity Futures Trading 5 See Securities Exchange Act Release Nos. 68996 the hours of 9:30 a.m. and 4:30 p.m. Commission (‘‘CFTC’’). IFUS was formerly known (February 27, 2013), 78 FR 14378 (March 5, 2013) 7 Certain of the IFUS Traders conduct business on as the New York Board of Trade (‘‘NYBOT’’). (SR–NYSE–2013–13). foreign markets on Exchange holidays.

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relocate to the Blue Room pursuant to in particular, in that it is designed to Commission may designate, if all of the conditions specified in prevent fraudulent and manipulative consistent with the protection of Original Filing. acts and practices, to promote just and investors and the public interest, the The additional IFUS Traders would equitable principles of trade, to foster proposed rule change has become be located with the other IFUS Traders cooperation and coordination with effective pursuant to Section 19(b)(3)(A) in the Blue Room (which, as the persons engaged in facilitating of the Act and Rule 19b–4(f)(6)(iii) Original Filing notes, contains privacy transactions in securities, and to remove thereunder. barriers consisting of eight foot walls impediments to and perfect the A proposed rule change filed under providing visual and sound insulation mechanism of a free and open market Rule 19b–4(f)(6) 13 normally does not to reduce the likelihood that trading and a national market system. The become operative prior to 30 days after screens can be viewed or conversations Exchange believes that the Proposal is the date of the filing. However, pursuant overheard between firms and traders) designed to remove impediments to and to Rule 19b–4(f)(6)(iii),14 the and would be subject to the same perfect the mechanism of a free and Commission may designate a shorter restrictions on accessing the Blue Room open market and a national market time if such action is consistent with the described above and in the Original system. The Exchange believes that the protection of investors and the public Filing. The names of the additional Proposal will permit the Exchange to interest. IFUS Traders would also be provided to allow additional IFUS Traders to utilize At any time within 60 days of the the Financial Industry Regulatory space on the trading floor within the filing of such proposed rule change, the Authority (‘‘FINRA’’) which conducts existing regulatory framework at the Commission summarily may surveillance of the NYSE and NYSE Exchange, to efficiently and effectively temporarily suspend such rule change if MKT markets to enable FINRA to more conduct business in their respective it appears to the Commission that such readily identify any potentially violative area consistent with maintaining action is necessary or appropriate in the trading involving the IFUS Traders.8 necessary distinctions between the two public interest, for the protection of Any additional IFUS Traders would organizations. Moreover, the Proposal investors, or otherwise in furtherance of not trade any of the products traded on will impose restrictions designed to the purposes of the Act. If the NYSE, and there is extremely limited prevent inappropriate information Commission takes such action, the overlap in related products traded by sharing by and between members and Commission shall institute proceedings the IFUS Traders and on the NYSE. member firm employees on the Trading under Section 19(b)(2)(B) 15 of the Act to Moreover, even with additional traders Floor of the Exchange and additional determine whether the proposed rule conducting business in coffee and sugar IFUS Traders on the IFUS Trading change should be approved or products on the IFUS Trading Floor, the Floor. disapproved. IFUS Traders overall will continue to execute a very small volume of B. Self-Regulatory Organization’s IV. Solicitation of Comments predominantly cotton options. In light Statement on Burden on Competition Interested persons are invited to of these facts, the Exchange believes it The Exchange does not believe that submit written data, views, and is highly unlikely that any order the Proposal will impose any burden on arguments concerning the foregoing, handled by one of them could impact competition that is not necessary or including whether the proposed rule the price of any individual security appropriate in furtherance of the change is consistent with the Act. traded on the Exchange. In this regard, purposes of the Act. The proposal is Comments may be submitted by any of the Exchange continues to believe that designed to promote competition by the following methods: the pricing correlation between order providing the Exchange the additional Electronic Comments flow in IFUS products and securities flexibility to maximize the use of its traded on NYSE is tenuous at best and trading floor space. • Use the Commission’s Internet that it is extremely unlikely that comment form (http://www.sec.gov/ information overheard by an equities C. Self-Regulatory Organization’s rules/sro.shtml); or Floor broker or an IFUS Trader could be Statement on Comments on the • Send an email to rule- used to benefit the broker’s or trader’s Proposed Rule Change Received From [email protected]. Please include File proprietary, personal or other customer Members, Participants, or Others Number SR–NYSE–2013–38 on the trading. No written comments were solicited subject line. Accordingly, the Exchange does not or received with respect to the proposed Paper Comments believe that permitting additional IFUS rule change. Traders to conduct business on the IFUS • Send paper comments in triplicate Trading Floor in the Blue raises any III. Date of Effectiveness of the to Elizabeth M. Murphy, Secretary, regulatory concerns. Proposed Rule Change and Timing for Securities and Exchange Commission, Commission Action 2. Statutory Basis 100 F Street NE., Washington, DC The Exchange has filed the proposed 20549–1090. The Exchange believes that the rule change pursuant to Section All submissions should refer to File Proposal is consistent with the 19(b)(3)(A)(iii) of the Act 11 and Rule 9 Number SR–NYSE–2013–38. This file provisions of Section 6 of the Act, in 19b–4(f)(6) thereunder.12 Because the 10 number should be included on the general, and Section 6(b)(5) of the Act, proposed rule change does not: (i) subject line if email is used. To help the Significantly affect the protection of Commission process and review your 8 Providing the names of the IFUS Traders to FINRA will be for the purpose of regulatory investors or the public interest; (ii) comments more efficiently, please use information sharing. Neither the Exchange nor impose any significant burden on only one method. The Commission will FINRA will be responsible for regulating or competition; and (iii) become operative post all comments on the Commission’s surveilling the IFUS Traders’ activity and the IFUS prior to 30 days from the date on which Internet Web site (http://www.sec.gov/ Traders will not be subject to the Exchange’s jurisdiction. Rather, the IFUS Traders will continue it was filed, or such shorter time as the to be regulated by IFUS as they are today. 13 17 CFR 240.19b–4(f)(6). 9 15 U.S.C. 78f(b). 11 15 U.S.C. 78s(b)(3)(A)(iii). 14 17 CFR 240.19b–4(f)(6)(iii). 10 15 U.S.C. 78f(b)(4) and (5). 12 17 CFR 240.19b–4(f)(6). 15 15 U.S.C. 78s(b)(2)(B).

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rules/sro.shtml). Copies of the substantially prepared by FINRA. The than $100,000).3 This method provided submission, all subsequent Commission is publishing this notice to for a panel of one chair-qualified public amendments, all written statements solicit comments on the proposed rule arbitrator, one public arbitrator, and one with respect to the proposed rule change from interested persons. non-public arbitrator. To begin the change that are filed with the selection process, FINRA used the Commission, and all written I. Self-Regulatory Organization’s computerized Neutral List Selection communications relating to the Statement of the Terms of Substance of System (‘‘NLSS’’) to generate random proposed rule change between the the Proposed Rule Change lists of ten chair-qualified public Commission and any person, other than FINRA is proposing to amend FINRA arbitrators, ten public arbitrators, and those that may be withheld from the Rule 12403 of the Code of Arbitration ten non-public arbitrators. The parties public in accordance with the Procedure for Customer Disputes selected their panel through a process of provisions of 5 U.S.C. 552, will be striking and ranking the arbitrators on (‘‘Customer Code’’) to simplify available for Web site viewing and the lists generated by NLSS. The arbitration panel selection in cases with printing in the Commission’s Public Customer Code permitted the parties to three arbitrators. Under the proposed Reference Room, 100 F Street NE., strike the names of up to four arbitrators rule change, FINRA would no longer Washington, DC 20549–1090, on official from each list. The parties then ranked require a customer to elect a panel business days between the hours of the arbitrators remaining on the lists in 10:00 a.m. and 3:00 p.m. Copies of the selection method, and parties in all order of preference. FINRA appointed filing will also be available for customer cases with three arbitrators the panel from among the names inspection and copying at the NYSE’s would get the same selection method. remaining on the lists that the parties principal office and on its Internet Web FINRA would provide all parties with returned. site at www.nyse.com. All comments lists of ten chair-qualified public Customer advocates argued that the received will be posted without change; arbitrators, ten public arbitrators, and mandatory inclusion of a non-public the Commission does not edit personal ten non-public arbitrators. FINRA arbitrator in a three-arbitrator case identifying information from would permit the parties to strike four raised a perception that FINRA Dispute submissions. You should submit only arbitrators on the chair-qualified public Resolution’s forum was not fair to information that you wish to make list and four arbitrators on the public customers. In order to address this available publicly. All submissions list. However, any party could select an perception, FINRA sought and received should refer to File Number SR–NYSE– all-public arbitration panel by striking SEC approval to implement a new panel 2013–38 and should be submitted on or all of the arbitrators on the non-public composition rule for customer cases before July 11, 2013. list. with three arbitrators.4 Under current For the Commission, by the Division of The text of the proposed rule change Rule 12403, customers may choose Trading and Markets, pursuant to delegated is available on FINRA’s Web site at between two panel composition 16 authority. http://www.finra.org, at the principal methods. The first method, the Kevin M. O’Neill, office of FINRA and at the composition rules for majority public Deputy Secretary. Commission’s Public Reference Room. panel (Majority Public Panel Option), [FR Doc. 2013–14687 Filed 6–19–13; 8:45 am] provides for a panel of one chair- BILLING CODE 8011–01–P II. Self-Regulatory Organization’s qualified public arbitrator, one public Statement of the Purpose of, and arbitrator, and one non-public arbitrator. Statutory Basis for, the Proposed Rule The Majority Public Panel Option is the SECURITIES AND EXCHANGE Change same panel composition method that COMMISSION In its filing with the Commission, was in place prior to February 1, 2011, and it operates as described above. [Release No. 34–69762; File No. SR–FINRA– FINRA included statements concerning The second method, the composition 2013–023] the purpose of and basis for the rules for optional all public panel (All proposed rule change and discussed any Self-Regulatory Organizations; Public Panel Option), allows any party comments it received on the proposed Financial Industry Regulatory to select an arbitration panel consisting rule change. The text of these statements Authority, Inc.; Notice of Filing of of three public arbitrators. Under this may be examined at the places specified Proposed Rule Change Relating to provision, FINRA sends the parties the in Item IV below. FINRA has prepared Amendments to the Code of same three lists of randomly generated summaries, set forth in sections A, B, Arbitration Procedure for Customer arbitrators that they would have and C below, of the most significant Disputes Concerning Panel received under the Majority Public aspects of such statements. Composition Panel Option, but FINRA allows each party to strike any or all of the June 13, 2013. A. Self-Regulatory Organization’s arbitrators on the non-public arbitrator Pursuant to Section 19(b)(1) of the Statement of the Purpose of, and list. FINRA will not appoint a non- Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule public arbitrator if the parties (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Change individually or collectively strike all the notice is hereby given that on June 3, 1. Purpose arbitrators appearing on the non-public 2013, Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Background 3 See FINRA Rule 12401 which provides that if Securities and Exchange Commission Under the Customer Code, parties in the amount of a claim is more than $100,000, (‘‘SEC’’ or ‘‘Commission’’) the proposed exclusive of interest and expenses, or is arbitration participate in selecting the rule change as described in Items I, II, unspecified, or if the claim does not request money arbitrators who serve on their cases. and III below, which Items have been damages, the panel will consist of three arbitrators, Until January 31, 2011, the Customer unless the parties agree in writing to one arbitrator. Code contained one panel composition 4 See Securities Exchange Act Rel. No. 63799 16 17 CFR 200.30–3(a)(12). method for cases with three arbitrators (January 31, 2011), 76 Federal Register 6500 1 15 U.S.C. 78s(b)(1). (February 4, 2011), (File No. SR–FINRA–2010–053) 2 17 CFR 240.19b–4. (generally cases with claims of more and Regulatory Notice 11–05 (February 2011).

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list or if all remaining arbitrators on the time in cases decided by majority public proposed rule change would further non-public list are unable or unwilling panels.6 ameliorate the commenter concerns. to serve for any reason. In either Cross References instance, FINRA will select the next Proposal To Use One Panel Composition highest-ranked public arbitrator to Method at the Forum To implement the proposal, FINRA is proposing to correct several cross complete the panel. By striking all the Based on FINRA’s experience with references in the Customer Code. arbitrators on the non-public list, any having two panel composition methods, party can ensure that the panel will FINRA is proposing to amend Rule 2. Statutory Basis have three public arbitrators. 12403 to use one panel composition FINRA believes that the proposed rule Under Rule 12403, a customer may method in all customer cases. The change is consistent with the provisions choose a panel composition method in provisions in the All Public Panel of Section 15A(b)(6) of the Act,8 which the statement of claim (or accompanying Option as currently codified, with one requires, among other things, that documentation) or at any time up to 35 clarifying change, would be the panel FINRA rules must be designed to days from service of the statement of composition method for the forum. The prevent fraudulent and manipulative claim. In the absence of an affirmative clarifying change relates to striking and acts and practices, to promote just and choice by the customer, the Majority ranking arbitrators. Currently, Rule equitable principles of trade, and, in Public Panel Option is the default 12403(d)(3)(B)(i) states that ‘‘[e]ach general, to protect investors and the composition method. To ensure that the separately represented party may strike public interest. FINRA believes that customer understands the options up to four of the arbitrators from the having one panel composition method, available, FINRA notifies the customer chairperson and public arbitrator lists instead of the current two methods, in writing that the customer may elect for any reason by crossing through the would improve user experience at the the All Public Panel Option within 35 names of the arbitrators.’’ FINRA is forum. All parties would be subject to days from service of the statement of proposing to add clarity to that the same rules; there would be no claim. In its letter to the customer, provision by amending it to state that confusion about panel composition; and FINRA explains how each panel ‘‘[e]ach separately represented party less experienced parties would not be in composition method works. may strike up to four of the arbitrators the position to make an election that Customer Elections and Award Results from the chairperson list and up to four could inadvertently limit their options. of the arbitrators from the public For firms, one panel composition Since implementation of the All arbitrator list for any reason by crossing method brings certainty to the process Public Panel Option, customers in through the names of the arbitrators.’’ and continues to assure that all parties approximately three-quarters of eligible FINRA believes that forum users have an opportunity to review the non- cases have chosen the All Public Panel would benefit by having one panel public arbitrator list. Option.5 Customers using the Majority composition method for a number of Public Panel Option have done so by B. Self-Regulatory Organization’s reasons. First, having one panel default 77 percent of the time, rather Statement on Burden on Competition composition method would simplify the than by making an affirmative choice FINRA does not believe that the arbitrator selection process for all (i.e., these customers did not make an proposed rule change will result in any parties and FINRA staff while leaving in election in their statement of claim or burden on competition that is not place the method affirmatively chosen accompanying documentation, and did necessary or appropriate in furtherance by customers in approximately three- not respond to the follow-up letter of the purposes of the Act. FINRA FINRA sent). quarters of customer cases. Second, it considered the potential impact of the would ensure that every party has an As of March 31, 2013, customers proposed rule change on efficiency, opportunity to see the list of non-public competition, and capital formation. selecting the All Public Panel Option arbitrators and rank or strike any or all have chosen to strike all of the non- FINRA believes that simplifying the of the arbitrators on the list. Third, the arbitrator selection process will improve public arbitrators in 66 percent of the proposal would ensure that customers cases during the ranking process. the efficiency of administering cases at would not miss the opportunity to select the forum and would not increase the Customers have ranked one or more an all public panel because of the non-public arbitrators in 34 percent of burden on parties to the arbitration. inherent complexity of the rule. In its The proposal would improve cases and four or more in 13 percent of 2011 order approving adoption of the cases proceeding under the All Public efficiency at the forum because FINRA All Public Panel Option, the SEC noted staff would no longer be required to Panel Option. Industry parties have commenter concerns that customers ranked one or more non-public notify the customer in writing that the without attorneys, or attorneys new to customer may elect the All Public Panel arbitrators in 97 percent of cases and the practice of securities arbitration, have ranked four or more non-public Option and would not have to wait for might not elect the All Public Panel the 35-day period to expire before arbitrators in 90 percent of cases. FINRA Option within the prescribed deadline, has been tracking the results of generating arbitrator lists. Improved or might not appreciate the significance arbitration awards decided by all public efficiency may reduce expenses at the of making such an election.7 At that panels and majority public panels since forum benefiting both investors and time, FINRA responded by implementation of the rule change. For FINRA members. implementing the notification In addition, the proposed rule change the period February 1, 2011 through procedure discussed earlier. The would not increase the burden of panel March 31, 2013, investors prevailed 49 selection on the parties. FINRA would percent of the time in cases decided by 6 The results for awards issued by majority public continue to send the parties the same all public panels and 34 percent of the panels include both instances where a customer three lists of arbitrators and the task of selected the Majority Public Panel Option reviewing and analyzing arbitrator 5 The current panel composition rule went into (affirmatively or by default), and instances where effect on February 1, 2011. The percentage noted is the parties selected a non-public arbitrator under backgrounds would be the same. for the period between February 1, 2011 and March the All-Public Panel Option. 31, 2013. 7 Supra note 3. 8 15 U.S.C. 78o–3(b)(6).

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C. Self-Regulatory Organization’s those that may be withheld from the DEPARTMENT OF STATE Statement on Comments on the public in accordance with the Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be [Public Notice 8355] Members, Participants, or Others available for Web site viewing and printing in the Commission’s Public 30-Day Notice of Proposed Information Written comments were neither Collection: Statement of Exigent/ Reference Room, 100 F Street NE., solicited nor received. Special Family Circumstances for Washington, DC 20549, on official Issuance of a U.S. Passport to a Minor III. Date of Effectiveness of the business days between the hours of 10 Under Age 16 Proposed Rule Change and Timing for a.m. and 3 p.m. Copies of such filing Commission Action also will be available for inspection and ACTION: Notice of request for public Within 45 days of the date of copying at the principal office of comment and submission to OMB of publication of this notice in the Federal FINRA. All comments received will be proposed collection of information. Register or within such longer period (i) posted without change; the Commission as the Commission may designate up to does not edit personal identifying SUMMARY: The Department of State has 90 days of such date if it finds such information from submissions. You submitted the information collection longer period to be appropriate and should submit only information that described below to the Office of publishes its reasons for so finding or you wish to make available publicly. All Management and Budget (OMB) for (ii) as to which the self-regulatory submissions should refer to File approval. In accordance with the organization consents, the Commission Number SR–FINRA–2013–023 and Paperwork Reduction Act of 1995 we will: should be submitted on or before July are requesting comments on this (A) By order approve or disapprove 11, 2013. collection from all interested such proposed rule change, or individuals and organizations. The For the Commission, by the Division of (B) institute proceedings to determine purpose of this Notice is to allow 30 Trading and Markets, pursuant to delegated whether the proposed rule change days for public comment. authority.9 should be disapproved. DATE(S): Submit comments directly to Elizabeth M. Murphy, IV. Solicitation of Comments the Office of Management and Budget Secretary. (OMB) up to July 22, 2013. Interested persons are invited to [FR Doc. 2013–14682 Filed 6–19–13; 8:45 am] ADDRESSES: Direct comments to the submit written data, views and BILLING CODE 8011–01–P Department of State Desk Officer in the arguments concerning the foregoing, Office of Information and Regulatory including whether the proposed rule Affairs at the Office of Management and change is consistent with the Act. SECURITIES AND EXCHANGE Budget (OMB). You may submit Comments may be submitted by any of COMMISSION comments by the following methods: the following methods: • Email: Electronic Comments [File No. 500–1] [email protected]. You must include the DS form number, • Use the Commission’s Internet Order of Suspension of Trading; information collection title, and the comment form (http://www.sec.gov/ iTrackr Systems, Inc. OMB control number in the subject line rules/sro.shtml); or of your message. • Send an email to rule- June 18, 2013. • Fax: 202–395–5806. Attention: Desk [email protected]. Please include File It appears to the Securities and Officer for Department of State. Number SR–FINRA–2013–023 on the Exchange Commission that there is a subject line. FOR FURTHER INFORMATION CONTACT: lack of current and accurate information Direct requests for additional Paper Comments concerning the securities of iTrackr information regarding the collection • Send paper comments in triplicate Systems, Inc. (‘‘iTrackr’’) because it has listed in this notice, including requests to Elizabeth M. Murphy, Secretary, not filed a periodic report since it filed for copies of the proposed collection Securities and Exchange Commission, its Form 10–Q for the period ending instrument and supporting documents, 100 F Street NE., Washington, DC September 30, 2012, filed on November to PPT Forms Officer, U.S. Department 20549–1090. 6, 2012. of State, 2100 Pennsylvania Avenue All submissions should refer to File The Commission is of the opinion that NW., Room 3030, Washington, DC Number SR–FINRA–2013–023. This file the public interest and the protection of 20037, who may be reached on (202) number should be included on the investors require a suspension of trading 663–2457 or at subject line if email is used. To help the in the securities of iTrackr. Therefore, it [email protected]. Commission process and review your is ordered, pursuant to Section 12(k) of SUPPLEMENTARY INFORMATION: comments more efficiently, please use the Securities Exchange Act of 1934, • Title of Information Collection: only one method. The Commission will that trading in the securities of iTrackr Statement of Exigent/Special Family post all comments on the Commission’s is suspended for the period from 9:30 Circumstances for Issuance of a U.S. Internet Web site (http://www.sec.gov/ a.m. EDT, June 18, 2013 through 11:59 Passport to a Minor under Age 16. rules/sro.shtml). Copies of the p.m. EDT, on July 1, 2013. • OMB Control Number: None. • submission, all subsequent By the Commission. Type of Request: New Collection. amendments, all written statements • Originating Office: Bureau of Elizabeth M. Murphy, with respect to the proposed rule Consular Affairs, Passport Services, change that are filed with the Secretary. Office of Program Management and Commission, and all written [FR Doc. 2013–14830 Filed 6–18–13; 4:15 pm] Operational Support, Program communications relating to the BILLING CODE 8011–01–P Coordination Division (CA/PPT/S/PMO/ proposed rule change between the PC). Commission and any person, other than 9 17 CFR 200.30–3(a)(12). • Form Number: DS–5525.

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• Respondents: Individuals or abduction, child trafficking, and other ACTION: Notice of renewal of Households. forms of passport fraud. exemptions; request for comments. • Estimated Number of Respondents: Methodology: 115,050 respondents per year. Passport Services collects information SUMMARY: FMCSA announces its • Estimated Number of Responses: from U.S. citizens and non-citizen decision to renew the exemptions from 115,050 responses per year. nationals when they complete and the vision requirement in the Federal • Average Time per Response: 30 submit the DS–5525, ‘‘Statement of Motor Carrier Safety Regulations for 24 minutes or 0.5 hour. Exigent/Special Family Circumstances individuals. FMCSA has statutory • Total Estimated Burden Time: for Issuance of a U.S. Passport to a authority to exempt individuals from 57,525 hours per year. Minor under Age 16’’. Passport the vision requirement if the • Frequency: On occasion. exemptions granted will not • applicants can either download the DS– Obligation To Respond: Required to 5525 from the internet or obtain the compromise safety. The Agency has Obtain or Retain a Benefit. form from an Acceptance Facility/ concluded that granting these We are soliciting public comments to Passport Agency. The form must be exemption renewals will provide a level permit the Department to: of safety that is equivalent to or greater • completed, signed, and submitted along Evaluate whether the proposed with the applicant’s DS–11, than the level of safety maintained information collection is necessary for ‘‘Application for a U.S. Passport’’. without the exemptions for these the proper functions of the Department. Additional Information: commercial motor vehicle (CMV) • Evaluate the accuracy of our Under the currently approved OMB drivers. estimate of the time and cost burden for collection 1405–0129, the DS 3053 this proposed collection, including the DATES: This decision is effective June collects both the Statement of Consent validity of the methodology and 28, 2013. Comments must be received and the Statement of Exigent/Special assumptions used. on or before July 22, 2013. Family Circumstances. However, the • Enhance the quality, utility, and ADDRESSES: You may submit comments proposed collection will request this clarity of the information to be bearing the Federal Docket Management information using two separate forms to collected. System (FDMS) numbers: Docket No. • Minimize the reporting burden on ensure that we more clearly [Docket No. FMCSA–2011–0092], using those who are to respond, including the communicate to the public what is and any of the following methods: use of automated collection techniques what is not a special family • Federal eRulemaking Portal: Go to or other forms of information circumstance. Separating out the forms http://www.regulations.gov. Follow the technology. also allows the passport specialist to on-line instructions for submitting Please note that comments submitted more clearly control and adjudicate comments. in response to this Notice are public those cases that do not qualify as a • Mail: Docket Management Facility; special family circumstance: U.S. Department of Transportation, 1200 record. Before including any detailed • personal information, you should be DS–3053, ‘‘Statement of Consent: New Jersey Avenue SE., West Building aware that your comments as submitted, Issuance of a Passport to a Minor under Ground Floor, Room W12–140, Age 16,’’ and Washington, DC 20590–0001. including your personal information, • will be available for public review. DS–5525, ‘‘Statement of Exigent/ • Hand Delivery or Courier: West Abstract of proposed collection: Special Family Circumstances for Building Ground Floor, Room W12–140, The information collected on the DS– Issuance of a Passport to a Minor under 1200 New Jersey Avenue SE., 5525, ‘‘Statement of Exigent/Special Age 16.’’ Washington, DC, between 9 a.m. and 5 • Family Circumstances for Issuance of a In addition to general format p.m., Monday through Friday, except U.S. Passport to a Minor under Age 16’’, changes, an oath will be placed onto the Federal Holidays. is used in conjunction with the DS–11, proposed DS–5525 form. The oath is • Fax: 1–202–493–2251. ‘‘Application for a U.S. Passport’’. The located above the signature line on Page Instructions: Each submission must DS–5525 can serve as the statement 2 of the form and states: ‘‘OATH: I include the Agency name and the describing exigent or special family declare under penalty of perjury that all docket number for this notice. Note that circumstances, which is required if statements made in this supporting DOT posts all comments received written consent of the non-applying document are true and correct.’’ without change to http:// parent or guardian cannot be obtained Dated: June 7, 2013. www.regulations.gov, including any when the passport application is Brenda S. Sprague, personal information included in a executed for a minor under age 16. The Deputy Assistant Secretary for Passport comment. Please see the Privacy Act statement must explain the reason for Services, Bureau of Consular Affairs, heading below. the request. Department of State. Docket: For access to the docket to The legal authority permitting this [FR Doc. 2013–14665 Filed 6–19–13; 8:45 am] read background documents or information assists the U.S. Department BILLING CODE 4710–06–P comments, go to http:// of State to administer the regulations in www.regulations.gov at any time or 22 CFR 51.28 requiring that both parents Room W12–140 on the ground level of and/or any guardian consent to the DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey issuance of a passport to a minor under Avenue SE., Washington, DC, between 9 age 16, except where one parent has sole Federal Motor Carrier Safety a.m. and 5 p.m., Monday through custody or certain exceptions apply. Administration Friday, except Federal holidays. The This regulation was mandated by Federal Docket Management System Section 236 of the Admiral James W. [Docket No. FMCSA–2011–0092] (FDMS) is available 24 hours each day, Nance and Meg Donovan Foreign Qualification of Drivers; Exemption 365 days each year. If you want Relations authorization Act, Fiscal Year Applications; Vision acknowledgment that we received your 2000 and 2001 (enacted by Pub. L. 106– comments, please include a self- 113, Div. B, Section 1000 (a)(7)), and AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or helps to prevent international child Administration (FMCSA), DOT. postcard or print the acknowledgement

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page that appears after submitting Michael P. Passmore (FL) concludes that extending the exemption comments on-line. Wendell S. Sehen (OH) for each renewal applicant for a period Privacy Act: Anyone may search the Gary E. Valentine (OH) of two years is likely to achieve a level electronic form of all comments Kevin W. Van Arsdol (CO) of safety equal to that existing without Charles Van Dyke (WI) received into any of our dockets by the the exemption. name of the individual submitting the Harlon C. VanBlaricom (MN) comment (or of the person signing the The exemptions are extended subject Request for Comments comment, if submitted on behalf of an to the following conditions: (1) That FMCSA will review comments association, business, labor union, etc.). each individual has a physical received at any time concerning a You may review DOT’s Privacy Act examination every year (a) by an particular driver’s safety record and Statement for the Federal Docket ophthalmologist or optometrist who Management System (FDMS) published attests that the vision in the better eye determine if the continuation of the in the Federal Register on January 17, continues to meet the requirements in exemption is consistent with the 2008 (73 FR 3316). 49 CFR 391.41(b)(10), and (b) by a requirements at 49 U.S.C. 31136(e) and medical examiner who attests that the 31315. However, FMCSA requests that FOR FURTHER INFORMATION CONTACT: individual is otherwise physically Elaine M. Papp, Chief, Medical interested parties with specific data qualified under 49 CFR 391.41; (2) that concerning the safety records of these Programs Division, 202–366–4001, each individual provides a copy of the [email protected], FMCSA, drivers submit comments by July 22, ophthalmologist’s or optometrist’s 2013. Department of Transportation, 1200 report to the medical examiner at the New Jersey Avenue SE., Room W64– time of the annual medical examination; FMCSA believes that the 224, Washington, DC 20590–0001. and (3) that each individual provide a requirements for a renewal of an Office hours are from 8:30 a.m. to 5 p.m. copy of the annual medical certification exemption under 49 U.S.C. 31136(e) and Monday through Friday, except Federal to the employer for retention in the 31315 can be satisfied by initially holidays. driver’s qualification file and retains a granting the renewal and then SUPPLEMENTARY INFORMATION: copy of the certification on his/her requesting and evaluating, if needed, subsequent comments submitted by Background person while driving for presentation to a duly authorized Federal, State, or local interested parties. As indicated above, Under 49 U.S.C. 31136(e) and 31315, enforcement official. Each exemption the Agency previously published FMCSA may renew an exemption from will be valid for two years unless notices of final disposition announcing the vision requirements in 49 CFR rescinded earlier by FMCSA. The its decision to exempt these 24 391.41(b)(10), which applies to drivers exemption will be rescinded if: (1) The individuals from the vision requirement of CMVs in interstate commerce, for a person fails to comply with the terms in 49 CFR 391.41(b)(10). The final two-year period if it finds ‘‘such and conditions of the exemption; (2) the decision to grant an exemption to each exemption would likely achieve a level exemption has resulted in a lower level of these individuals was made on the of safety that is equivalent to or greater of safety than was maintained before it merits of each case and made only after than the level that would be achieved was granted; or (3) continuation of the careful consideration of the comments absent such exemption.’’ The exemption would not be consistent with procedures for requesting an exemption received to its notices of applications. the goals and objectives of 49 U.S.C. The notices of applications stated in (including renewals) are set out in 49 31136(e) and 31315. CFR part 381. detail the qualifications, experience, Basis for Renewing Exemptions and medical condition of each applicant Exemption Decision Under 49 U.S.C. 31315(b)(1), an for an exemption from the vision This notice addresses 24 individuals exemption may be granted for no longer requirements. That information is who have requested renewal of their than two years from its approval date available by consulting the above cited exemptions in accordance with FMCSA and may be renewed upon application Federal Register publications. procedures. FMCSA has evaluated these for additional two year periods. In Interested parties or organizations 24 applications for renewal on their accordance with 49 U.S.C. 31136(e) and possessing information that would merits and decided to extend each 31315, each of the 24 applicants has otherwise show that any, or all, of these exemption for a renewable two-year satisfied the entry conditions for drivers are not currently achieving the period. They are: obtaining an exemption from the vision statutory level of safety should Keith E. Allstot (WA) requirements (76 FR 25766; 76 FR immediately notify FMCSA. The Christopher L. Bagby (VA) 37885). Each of these 24 applicants has Agency will evaluate any adverse Jan M. Bernath (OH) requested renewal of the exemption and evidence submitted and, if safety is Joseph L. Butler (IN) has submitted evidence showing that being compromised or if continuation of Shawn Carroll (OK) the vision in the better eye continues to the exemption would not be consistent Erik R. Davis (GA) meet the requirement specified at 49 Walter C. Dean, Sr. (AL) CFR 391.41(b)(10) and that the vision with the goals and objectives of 49 John C. DiMassa (WA) impairment is stable. In addition, a U.S.C. 31136(e) and 31315, FMCSA will John E. Edler, III (DE) review of each record of safety while take immediate steps to revoke the Saul E. Fierro (AZ) driving with the respective vision exemption of a driver. Mark T. Gileau (CT) deficiencies over the past two years Issued on: June 12, 2013. Robert A. Goerl, Jr. (PA) indicates each applicant continues to Larry W. Minor, Peter D. Gouge (IA) meet the vision exemption Associate Administrator for Policy. Eric M. Grayson (KY) requirements. Alan D. Harberts (IA) These factors provide an adequate [FR Doc. 2013–14716 Filed 6–19–13; 8:45 am] Thomas M. Harris (MI) basis for predicting each driver’s ability BILLING CODE 4910–EX–P Paul M. Hinkson (TN) to continue to drive safely in interstate Ellie L. Murphree (AL) commerce. Therefore, FMCSA

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DEPARTMENT OF TRANSPORTATION individuals and requested comments complications. Each meets the vision from the public (78 FR 24795). The requirement at 49 CFR 391.41(b)(10). Federal Motor Carrier Safety public comment period closed on May The qualifications and medical Administration 28, 2013, and no comments were condition of each applicant were stated received. [FMCSA Docket No. FMCSA–2013–0017] and discussed in detail in the April 26, FMCSA has evaluated the eligibility 2013, Federal Register notice and they Qualification of Drivers; Exemption of the 23 applicants and determined that will not be repeated in this notice. granting the exemptions to these Applications; Diabetes Mellitus Discussion of Comments individuals would achieve a level of AGENCY: Federal Motor Carrier Safety safety equivalent to or greater than the FMCSA received no comments in this Administration (FMCSA), DOT level that would be achieved by proceeding. ACTION: Notice of final disposition. complying with the current regulation Basis for Exemption Determination 49 CFR 391.41(b)(3). SUMMARY: FMCSA announces its Under 49 U.S.C. 31136(e) and 31315, Diabetes Mellitus and Driving decision to exempt 23 individuals from FMCSA may grant an exemption from Experience of the Applicants its rule prohibiting persons with the diabetes requirement in 49 CFR insulin-treated diabetes mellitus (ITDM) The Agency established the current 391.41(b)(3) if the exemption is likely to from operating commercial motor requirement for diabetes in 1970 achieve an equivalent or greater level of vehicles (CMVs) in interstate commerce. because several risk studies indicated safety than would be achieved without The exemptions will enable these that drivers with diabetes had a higher the exemption. The exemption allows individuals to operate CMVs in rate of crash involvement than the the applicants to operate CMVs in interstate commerce. general population. The diabetes rule interstate commerce. DATES: The exemptions are effective provides that ‘‘A person is physically To evaluate the effect of these June 20, 2013. The exemptions expire qualified to drive a commercial motor exemptions on safety, FMCSA on June 20, 2015. vehicle if that person has no established considered medical reports about the FOR FURTHER INFORMATION CONTACT: medical history or clinical diagnosis of applicants’ ITDM and vision, and Elaine M. Papp, Chief, Medical diabetes mellitus currently requiring reviewed the treating endocrinologists’ Programs Division, (202) 366–4001, insulin for control’’ (49 CFR medical opinion related to the ability of [email protected], FMCSA, Room 391.41(b)(3)). the driver to safely operate a CMV while W64–224, Department of FMCSA established its diabetes using insulin. Transportation, 1200 New Jersey exemption program, based on the Consequently, FMCSA finds that in Avenue SE., Washington, DC 20590– Agency’s July 2000 study entitled ‘‘A each case exempting these applicants 0001. Office hours are from 8:30 a.m. to Report to Congress on the Feasibility of from the diabetes requirement in 49 CFR 5 p.m., Monday through Friday, except a Program to Qualify Individuals with 391.41(b)(3) is likely to achieve a level Federal holidays. Insulin-Treated Diabetes Mellitus to of safety equal to that existing without SUPPLEMENTARY INFORMATION: Operate in Interstate Commerce as the exemption. Directed by the Transportation Act for Electronic Access the 21st Century.’’ The report concluded Conditions and Requirements You may see all the comments online that a safe and practicable protocol to The terms and conditions of the through the Federal Document allow some drivers with ITDM to exemption will be provided to the Management System (FDMS) at: http:// operate CMVs is feasible. The applicants in the exemption document www.regulations.gov. September 3, 2003 (68 FR 52441), and they include the following: (1) That Docket: For access to the docket to Federal Register notice in conjunction each individual submit a quarterly read background documents or with the November 8, 2005 (70 FR monitoring checklist completed by the comments, go to http:// 67777), Federal Register notice provides treating endocrinologist as well as an www.regulations.gov and/or Room the current protocol for allowing such annual checklist with a comprehensive W12–140 on the ground level of the drivers to operate CMVs in interstate medical evaluation; (2) that each West Building, 1200 New Jersey Avenue commerce. individual reports within 2 business SE., Washington, DC, between 9 a.m. These 23 applicants have had ITDM days of occurrence, all episodes of and 5 p.m., Monday through Friday, over a range of 1 to 22 years. These severe hypoglycemia, significant except Federal holidays. applicants report no severe complications, or inability to manage Privacy Act: Anyone may search the hypoglycemic reactions resulting in loss diabetes; also, any involvement in an electronic form of all comments of consciousness or seizure, requiring accident or any other adverse event in received into any of DOT’s dockets by the assistance of another person, or a CMV or personal vehicle, whether or the name of the individual submitting resulting in impaired cognitive function not it is related to an episode of the comment (or of the person signing that occurred without warning hypoglycemia; (3) that each individual the comment, if submitted on behalf of symptoms, in the past 12 months and no provide a copy of the ophthalmologist’s an association, business, labor union, or recurrent (2 or more) severe or optometrist’s report to the medical other entity). You may review DOT’s hypoglycemic episodes in the past 5 examiner at the time of the annual Privacy Act Statement for the Federal years. In each case, an endocrinologist medical examination; and (4) that each Docket Management System (FDMS) verified that the driver has individual provide a copy of the annual published in the Federal Register on demonstrated a willingness to properly medical certification to the employer for January 17, 2008 (73 FR 3316). monitor and manage his/her diabetes retention in the driver’s qualification mellitus, received education related to file, or keep a copy in his/her driver’s Background diabetes management, and is on a stable qualification file if he/she is self- On April 26, 2013, FMCSA published insulin regimen. These drivers report no employed. The driver must also have a a notice of receipt of Federal diabetes other disqualifying conditions, copy of the certification when driving, exemption applications from 23 including diabetes-related for presentation to a duly authorized

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Federal, State, or local enforcement individuals to operate CMVs in rate of crash involvement than the official. interstate commerce. general population. The diabetes rule provides that ‘‘A person is physically Conclusion DATES: The exemptions are effective June 20, 2013. The exemptions expire qualified to drive a commercial motor Based upon its evaluation of the 23 on June 20, 2015. vehicle if that person has no established exemption applications, FMCSA medical history or clinical diagnosis of exempts Willie J. Brock (MO), Kenneth FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical diabetes mellitus currently requiring L. Bunn (OH), Robert S. Fow (AR), insulin for control’’ (49 CFR Kevin J. Fuller (MI), Eliazar M. Gonzalez Programs Division, (202) 366–4001, [email protected], FMCSA, Room 391.41(b)(3)). (WA), John M. Hawk (MN), Michael J. FMCSA established its diabetes Makwinski (NJ), Ralph W. Middaugh W64–224, Department of Transportation, 1200 New Jersey exemption program, based on the (PA), Michael J. Moynihan (NH), Juan F. Agency’s July 2000 study entitled ‘‘A Ortega (VA), Fernand L. Poulin (NH), Avenue SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to Report to Congress on the Feasibility of James A. Pruitt (GA), Tony E. Pullen a Program to Qualify Individuals with (IN), Michael M. Sanchez (NM), 5 p.m., Monday through Friday, except Federal holidays. Insulin-Treated Diabetes Mellitus to Nathaniel Scales, Jr. (DE), Ronald L. Operate in Interstate Commerce as SUPPLEMENTARY INFORMATION: Schmidt (IL), Michael Schrock, III (TN), Directed by the Transportation Act for Jimmy W. Scroggins (AR), Leonard R. Electronic Access the 21st Century.’’ The report concluded Smith (WA), Mark A. Stromberg (MN), that a safe and practicable protocol to Daniel J. Wagner (TX), Andrew J. White You may see all the comments online through the Federal Document allow some drivers with ITDM to (IA), and Michael D. Ziegler (PA) from operate CMVs is feasible. The the ITDM requirement in 49 CFR Management System (FDMS) at: http:// September 3, 2003 (68 FR 52441), 391.41(b)(3), subject to the conditions www.regulations.gov. Federal Register notice in conjunction listed under ‘‘Conditions and Docket: For access to the docket to with the November 8, 2005 (70 FR Requirements’’ above. read background documents or In accordance with 49 U.S.C. 31136(e) comments, go to http:// 67777), Federal Register notice provides and 31315 each exemption will be valid www.regulations.gov and/or Room the current protocol for allowing such for two years unless revoked earlier by W12–140 on the ground level of the drivers to operate CMVs in interstate FMCSA. The exemption will be revoked West Building, 1200 New Jersey Avenue commerce. if the following occurs: (1) The person SE., Washington, DC, between 9 a.m. These 16 applicants have had ITDM fails to comply with the terms and and 5 p.m., Monday through Friday, over a range of 1 to 25 years. These conditions of the 1/exemption; (2) the except Federal holidays. applicants report no severe exemption has resulted in a lower level Privacy Act: Anyone may search the hypoglycemic reactions resulting in loss of safety than was maintained before it electronic form of all comments of consciousness or seizure, requiring was granted; or (3) continuation of the received into any of DOT’s dockets by the assistance of another person, or exemption would not be consistent with the name of the individual submitting resulting in impaired cognitive function the goals and objectives of 49 U.S.C. the comment (or of the person signing that occurred without warning 31136(e) and 31315. If the exemption is the comment, if submitted on behalf of symptoms, in the past 12 months and no still effective at the end of the 2-year an association, business, labor union, or recurrent (2 or more) severe period, the person may apply to FMCSA other entity). You may review DOT’s hypoglycemic episodes in the past 5 for a renewal under procedures in effect Privacy Act Statement for the Federal years. In each case, an endocrinologist at that time. Docket Management System (FDMS) verified that the driver has demonstrated a willingness to properly Issued on: June 12, 2013. published in the Federal Register on January 17, 2008 (73 FR 3316). monitor and manage his/her diabetes Larry W. Minor, mellitus, received education related to Associate Administrator for Policy. Background diabetes management, and is on a stable [FR Doc. 2013–14720 Filed 6–19–13; 8:45 am] On April 16, 2013, FMCSA published insulin regimen. These drivers report no BILLING CODE 4910–EX–P a notice of receipt of Federal diabetes other disqualifying conditions, exemption applications from 16 including diabetes-related individuals and requested comments complications. Each meets the vision DEPARTMENT OF TRANSPORTATION from the public (78 FR 22599). The requirement at 49 CFR 391.41(b)(10). Federal Motor Carrier Safety public comment period closed on May The qualifications and medical Administration 16, 2013, and no comments were condition of each applicant were stated received. and discussed in detail in the April 16, [FMCSA Docket No. FMCSA–2013–0016] FMCSA has evaluated the eligibility 2013, Federal Register notice and they of the 16 applicants and determined that will not be repeated in this notice. Qualification of Drivers; Exemption granting the exemptions to these Discussion of Comments Applications; Diabetes Mellitus individuals would achieve a level of AGENCY: Federal Motor Carrier Safety safety equivalent to or greater than the FMCSA received no comments in this Administration (FMCSA), DOT. level that would be achieved by proceeding. ACTION: Notice of final disposition. complying with the current regulation Basis for Exemption Determination 49 CFR 391.41(b)(3). SUMMARY: FMCSA announces its Under 49 U.S.C. 31136(e) and 31315, decision to exempt 16 individuals from Diabetes Mellitus and Driving FMCSA may grant an exemption from its rule prohibiting persons with Experience of the Applicants the diabetes requirement in 49 CFR insulin-treated diabetes mellitus (ITDM) The Agency established the current 391.41(b)(3) if the exemption is likely to from operating commercial motor requirement for diabetes in 1970 achieve an equivalent or greater level of vehicles (CMVs) in interstate commerce. because several risk studies indicated safety than would be achieved without The exemptions will enable these that drivers with diabetes had a higher the exemption. The exemption allows

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the applicants to operate CMVs in In accordance with 49 U.S.C. 31136(e) Electronic Access interstate commerce. and 31315 each exemption will be valid You may see all the comments online To evaluate the effect of these for two years unless revoked earlier by through the Federal Document exemptions on safety, FMCSA FMCSA. The exemption will be revoked Management System (FDMS) at http:// considered medical reports about the if the following occurs: (1) The person www.regulations.gov. applicants’ ITDM and vision, and fails to comply with the terms and Docket: For access to the docket to reviewed the treating endocrinologists’ conditions of the 1/exemption; (2) the read background documents or medical opinion related to the ability of exemption has resulted in a lower level comments, go to http:// the driver to safely operate a CMV while of safety than was maintained before it using insulin. www.regulations.gov at any time or was granted; or (3) continuation of the Room W12–140 on the ground level of Consequently, FMCSA finds that in exemption would not be consistent with each case exempting these applicants the West Building, 1200 New Jersey the goals and objectives of 49 U.S.C. Avenue SE., Washington, DC, between 9 from the diabetes requirement in 49 CFR 31136(e) and 31315. If the exemption is 391.41(b)(3) is likely to achieve a level a.m. and 5 p.m., Monday through still effective at the end of the 2-year Friday, except Federal holidays. The of safety equal to that existing without period, the person may apply to FMCSA the exemption. FDMS is available 24 hours each day, for a renewal under procedures in effect 365 days each year. If you want Conditions and Requirements at that time. acknowledgement that we received your The terms and conditions of the Issued on: June 12, 2013. comments, please include a self- exemption will be provided to the Larry W. Minor, addressed, stamped envelope or applicants in the exemption document Associate Administrator for Policy. postcard or print the acknowledgement and they include the following: (1) That [FR Doc. 2013–14718 Filed 6–19–13; 8:45 am] page that appears after submitting each individual submit a quarterly BILLING CODE 4910–EX–P comments on-line. monitoring checklist completed by the Privacy Act: Anyone may search the treating endocrinologist as well as an electronic form of all comments annual checklist with a comprehensive DEPARTMENT OF TRANSPORTATION received into any of our dockets by the medical evaluation; (2) that each name of the individual submitting the individual reports within 2 business Federal Motor Carrier Safety comment (or of the person signing the days of occurrence, all episodes of Administration comment, if submitted on behalf of an severe hypoglycemia, significant [Docket No. FMCSA–2013–0026] association, business, labor union, etc.). complications, or inability to manage You may review DOT’s Privacy Act diabetes; also, any involvement in an Qualification of Drivers; Exemption Statement for the Federal Docket accident or any other adverse event in Applications; Vision Management System (FDMS) published a CMV or personal vehicle, whether or in the Federal Register on January 17, not it is related to an episode of AGENCY: Federal Motor Carrier Safety 2008 (73 FR 3316). hypoglycemia; (3) that each individual Administration (FMCSA), DOT. Background provide a copy of the ophthalmologist’s ACTION: Notice of final disposition. or optometrist’s report to the medical On April 16, 2013, FMCSA published SUMMARY: FMCSA announces its a notice of receipt of exemption examiner at the time of the annual decision to exempt 7 individuals from applications from certain individuals, medical examination; and (4) that each the vision requirement in the Federal and requested comments from the individual provide a copy of the annual Motor Carrier Safety Regulations public (78 FR 22598). That notice listed medical certification to the employer for (FMCSRs). They are unable to meet the 7 applicants’ case histories. The 7 retention in the driver’s qualification vision requirement in one eye for individuals applied for exemptions from file, or keep a copy in his/her driver’s various reasons. The exemptions will the vision requirement in 49 CFR qualification file if he/she is self- enable these individuals to operate 391.41(b)(10), for drivers who operate employed. The driver must also have a commercial motor vehicles (CMVs) in CMVs in interstate commerce. copy of the certification when driving, interstate commerce without meeting Under 49 U.S.C. 31136(e) and 31315, for presentation to a duly authorized the prescribed vision requirement in FMCSA may grant an exemption for a 2- Federal, State, or local enforcement one eye. The Agency has concluded that year period if it finds ‘‘such exemption official. granting these exemptions will provide would likely achieve a level of safety a level of safety that is equivalent to or Conclusion that is equivalent to or greater than the greater than the level of safety Based upon its evaluation of the 16 level that would be achieved absent maintained without the exemptions for exemption applications, FMCSA such exemption.’’ The statute also these CMV drivers. exempts Joseph J. Black (PA), Donald D. allows the Agency to renew exemptions Boomgaarn (NE), Hilary C. Clarke (NC), DATES: The exemptions are effective at the end of the 2-year period. Roger S. Davis (PA), Edgar I. Duque June 20, 2013. The exemptions expire Accordingly, FMCSA has evaluated the (NY), Kevin D. Gentes (IL), Roger J. on June 20, 2015. 7 applications on their merits and made Huffsmith (WA), Joel M. Jock (VA), FOR FURTHER INFORMATION CONTACT: a determination to grant exemptions to James S. Marunczak (PA), William A. Elaine M. Papp, Chief, Medical each of them. Nearhood (PA), Charles E. Peck (AL), Programs Division, (202) 366–4001, Joseph Sawicki, III (NY), Michael [email protected], FMCSA, Vision and Driving Experience of the Steinman (PA), Christopher T. Department of Transportation, 1200 Applicants Thieneman (KY), Matthew A. Waller New Jersey Avenue SE., Room W64– The vision requirement in the (WA), and Lucas P. Walth (ND) from the 224, Washington, DC 20590–0001. FMCSRs provides: ITDM requirement in 49 CFR Office hours are from 8:30 a.m. to 5 p.m. A person is physically qualified to 391.41(b)(3), subject to the conditions Monday through Friday, except Federal drive a commercial motor vehicle if that listed under ‘‘Conditions and holidays. person has distant visual acuity of at Requirements’’ above. SUPPLEMENTARY INFORMATION: least 20/40 (Snellen) in each eye

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without corrective lenses or visual were stated and discussed in detail in certain risks for two different time acuity separately corrected to 20/40 the April 16, 2013 notice (78 FR 22598). periods vary only slightly (See Bates (Snellen) or better with corrective and Neyman, University of California Basis for Exemption Determination lenses, distant binocular acuity of a least Publications in Statistics, April 1952). 20/40 (Snellen) in both eyes with or Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of without corrective lenses, field of vision FMCSA may grant an exemption from predicting crash proneness from crash of at least 70° in the horizontal meridian the vision requirement in 49 CFR history coupled with other factors. in each eye, and the ability to recognize 391.41(b)(10) if the exemption is likely These factors—such as age, sex, the colors of traffic signals and devices to achieve an equivalent or greater level geographic location, mileage driven and showing requirement red, green, and of safety than would be achieved conviction history—are used every day amber (49 CFR 391.41(b)(10)). without the exemption. Without the by insurance companies and motor FMCSA recognizes that some drivers exemption, applicants will continue to vehicle bureaus to predict the do not meet the vision requirement but be restricted to intrastate driving. With probability of an individual have adapted their driving to the exemption, applicants can drive in experiencing future crashes (See Weber, accommodate their vision limitation interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An and demonstrated their ability to drive focuses on whether an equal or greater Application of Multiple Regression safely. The 7 exemption applicants level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal listed in this notice are in this category. permitting each of these drivers to drive of American Statistical Association, They are unable to meet the vision in interstate commerce as opposed to June 1971). A 1964 California Driver requirement in one eye for various restricting him or her to driving in Record Study prepared by the California reasons, including amblyopia, a macular intrastate commerce. Department of Motor Vehicles To evaluate the effect of these pucker, a scarred corneal retinal concluded that the best overall crash exemptions on safety, FMCSA detachment, toxoplasmosis, a prosthetic predictor for both concurrent and considered the medical reports about eye, and choroidal melanoma. In most nonconcurrent events is the number of the applicants’ vision as well as their cases, their eye conditions were not single convictions. This study used 3 driving records and experience with the recently developed. Four of the consecutive years of data, comparing the vision deficiency. applicants were either born with their experiences of drivers in the first 2 years To qualify for an exemption from the with their experiences in the final year. vision impairments or have had them vision requirement, FMCSA requires a since childhood. Applying principles from these person to present verifiable evidence studies to the past 3-year record of the The three individuals that sustained that he/she has driven a commercial 7 applicants, none of the drivers was their vision conditions as adults have vehicle safely with the vision deficiency involved in a crash and one was had them for a period of 8 to 21 years. for the past 3 years. Recent driving convicted of a moving violation in a Although each applicant has one eye performance is especially important in CMV. All the applicants achieved a which does not meet the vision evaluating future safety, according to record of safety while driving with their requirement in 49 CFR 391.41(b)(10), several research studies designed to vision impairment, demonstrating the each has at least 20/40 corrected vision correlate past and future driving likelihood that they have adapted their in the other eye, and in a doctor’s performance. Results of these studies driving skills to accommodate their opinion, has sufficient vision to perform support the principle that the best condition. As the applicants’ ample all the tasks necessary to operate a CMV. predictor of future performance by a driving histories with their vision Doctors’ opinions are supported by the driver is his/her past record of crashes deficiencies are good predictors of applicants’ possession of valid and traffic violations. Copies of the future performance, FMCSA concludes commercial driver’s licenses (CDLs) or studies may be found at Docket Number their ability to drive safely can be non-CDLs to operate CMVs. Before FMCSA–1998–3637. projected into the future. issuing CDLs, States subject drivers to We believe we can properly apply the We believe that the applicants’ knowledge and skills tests designed to principle to monocular drivers, because intrastate driving experience and history evaluate their qualifications to operate a data from the Federal Highway provide an adequate basis for predicting CMV. Administration’s (FHWA) former waiver their ability to drive safely in interstate All of these applicants satisfied the study program clearly demonstrate the commerce. Intrastate driving, like testing requirements for their State of driving performance of experienced interstate operations, involves residence. By meeting State licensing monocular drivers in the program is substantial driving on highways on the requirements, the applicants better than that of all CMV drivers interstate system and on other roads demonstrated their ability to operate a collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover, CMV, with their limited vision, to the March 26, 1996). The fact that driving in congested urban areas satisfaction of the State. experienced monocular drivers exposes the driver to more pedestrian While possessing a valid CDL or non- demonstrated safe driving records in the and vehicular traffic than exists on CDL, these 7 drivers have been waiver program supports a conclusion interstate highways. Faster reaction to authorized to drive a CMV in intrastate that other monocular drivers, meeting traffic and traffic signals is generally commerce, even though their vision the same qualifying conditions as those required because distances between disqualified them from driving in required by the waiver program, are also them are more compact. These interstate commerce. They have driven likely to have adapted to their vision conditions tax visual capacity and CMVs with their limited vision for deficiency and will continue to operate driver response just as intensely as careers ranging from 5 to 22 years. In the safely. interstate driving conditions. The past 3 years, none of the drivers was The first major research correlating veteran drivers in this proceeding have involved in crashes but one was past and future performance was done operated CMVs safely under those convicted of a moving violation in a in England by Greenwood and Yule in conditions for at least 3 years, most for CMV. 1920. Subsequent studies, building on much longer. Their experience and The qualifications, experience, and that model, concluded that crash rates driving records lead us to believe that medical condition of each applicant for the same individual exposed to each applicant is capable of operating in

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interstate commerce as safely as he/she the terms and conditions of the Type of Review: Revision. has been performing in intrastate exemption; (2) the exemption has Respondents: Randomly selected commerce. Consequently, FMCSA finds resulted in a lower level of safety than members of the general public ages 21 that exempting these applicants from was maintained before it was granted; or and older from across the United States the vision requirement in 49 CFR (3) continuation of the exemption would will be surveyed by telephone. 391.41(b)(10) is likely to achieve a level not be consistent with the goals and Participation by all respondents would of safety equal to that existing without objectives of 49 U.S.C. 31136 and 31315. be voluntary and anonymous. the exemption. For this reason, the If the exemption is still effective at the Estimated Number of Respondents: Agency is granting the exemptions for end of the 2-year period, the person may 1,025. the 2-year period allowed by 49 U.S.C. apply to FMCSA for a renewal under Estimated Time per Response: 15 31136(e) and 31315 to the 7 applicants procedures in effect at that time. minutes. Total Estimated Annual Burden listed in the notice of April 16, 2013 (78 Issued on: June 10, 2013. FR 22598). Hours: 256 hours 15 minutes (1,000 We recognize that the vision of an Larry W. Minor, interviews plus 25 pilot interviews each applicant may change and affect his/her Associate Administrator for Policy. averaging 15 minutes). ability to operate a CMV as safely as in [FR Doc. 2013–14717 Filed 6–19–13; 8:45 am] Frequency of Collection: One time. the past. As a condition of the BILLING CODE 4910–EX–P Abstract: In a continuing effort to exemption, therefore, FMCSA will reduce the adverse consequences of impose requirements on the 7 alcohol-impaired driving, NHTSA in individuals consistent with the DEPARTMENT OF TRANSPORTATION conjunction with the Automotive grandfathering provisions applied to Coalition for Traffic Safety (ACTS) is National Highway Traffic Safety drivers who participated in the undertaking research and development Administration Agency’s vision waiver program. to explore the feasibility of, and public Those requirements are found at 49 policy challenges associated with, use of Information Collection Activities: in-vehicle alcohol detection technology. CFR 391.64(b) and include the Submission for the Office of following: (1) That each individual be The agency believes that use of vehicle- Management and Budget (OMB) based alcohol detection technologies physically examined every year (a) by Review; Request for Comment an ophthalmologist or optometrist who could help to significantly reduce the attests that the vision in the better eye AGENCY: National Highway Traffic number of alcohol-impaired driving continues to meet the requirement in 49 Safety Administration (NHTSA), DOT. crashes, deaths, and injuries by preventing drivers from driving while CFR 391.41(b)(10) and (b) by a medical ACTION: Notice of the OMB review of examiner who attests that the individual their blood alcohol concentration (BAC) information collection and solicitation is at or above the legal limit. In 2008, is otherwise physically qualified under of public comment. 49 CFR 391.41; (2) that each individual ACTS and NHTSA entered into a 5-Year provide a copy of the ophthalmologist’s SUMMARY: In compliance with the Cooperative Agreement to ‘‘explore the or optometrist’s report to the medical Paperwork Reduction Act of 1995 (44 feasibility, the potential benefits of, and examiner at the time of the annual U.S.C. 3501 et seq.), this notice the public policy challenges associated medical examination; and (3) that each announces that the Information with a more widespread use of individual provide a copy of the annual Collection Request (ICR) abstracted unobtrusive technology to prevent medical certification to the employer for below will be submitted to the Office of drunk driving.’’ The goal of the Driver retention in the driver’s qualification Management and Budget (OMB) for Alcohol Detection System for Safety file, or keep a copy in his/her driver’s review. The ICR describes the nature of (DADSS) project is, through a step-by- qualification file if he/she is self- the information collection and its step, data-driven process, to develop employed. The driver must have a copy expected burden. A Federal Register and test prototypes that may be of the certification when driving, for Notice with a 60-day comment period considered for vehicle integration presentation to a duly authorized soliciting public comments on the thereafter. As technology development Federal, State, or local enforcement following information collection was progresses and decisions are being made official. published on September 20, 2011 (Federal Register/Vol. 76, No. 182/pp. about best practices for integrating such Discussion of Comments 58341–58342). technology into vehicles, NHTSA is soliciting public opinions about the FMCSA received no comments in this DATES: Submit comments to the Office proposed in-vehicle alcohol detection proceeding. of Management and Budget (OMB) on or devices. Optimization of the before July 22, 2013. Conclusion effectiveness of the technology and Based upon its evaluation of the 7 FOR FURTHER INFORMATION CONTACT: Eric public acceptance of it as a safety exemption applications, FMCSA Traube at the National Highway Traffic enhancement once deployed will exempts Fred Boggs (WV), James M. Del Safety Administration, Office of Human- depend on the extent to which public Sasso (IL), Stephen R. Dykstra (WI), Vehicle Performance Research (NVS– attitudes are taken into account during Troy A. Gray (MI), Darryl W. Hardy 331), Department of Transportation, the development process. OMB (AL), George E. Mulherin, III (PA), and 1200 New Jersey Ave. SE., Washington, previously approved focus groups with Nathan G. Pettis (FL) from the vision DC 20590. Mr. Traube’s phone number licensed drivers to provide an initial requirement in 49 CFR 391.41(b)(10), is 202–366–5673. His email address is understanding of public preferences subject to the requirements cited above [email protected]. concerning advanced alcohol detection (49 CFR 391.64(b)). SUPPLEMENTARY INFORMATION: technology. In order to provide a more In accordance with 49 U.S.C. 31136(e) OMB Control Number: 2127–0669. complete understanding of driver and 31315, each exemption will be valid Title: National Survey of Driver preferences, NHTSA is proposing to for 2 years unless revoked earlier by Attitudes and Opinions of Advanced In- conduct a nationally representative FMCSA. The exemption will be revoked vehicle Alcohol Detection Systems. telephone survey of drivers. Interviews if: (1) The person fails to comply with Form No.: NHTSA Form 1157. would be completed with 1,000 licensed

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drivers randomly selected from the 50 DEPARTMENT OF THE TREASURY the proposal materials in Microsoft States and the District of Columbia. The Word or Adobe PDF format by email to survey would be composed of both a Community Development Financial [email protected] and five (5) printed, landline sample and a smaller cell Institutions Fund color copies of the proposal materials phone sample selected from separate either: (i) By mail to the attention of Lisa CDFI Bond Guarantee Program; sampling frames. The drivers would Jones, Program Manager, CDFI Bond Correction have the developing in-vehicle alcohol Guarantee Program, CDFI Fund, U.S. sensing technology systems described to AGENCY: Community Development Department of the Treasury, 1500 them, and asked a series of questions to Financial Institutions Fund, U.S. Pennsylvania Avenue NW., Washington, obtain their reactions to the systems and Department of the Treasury. DC 20220, or (ii) by commercial carrier to the attention of Lisa Jones, Program their possible installation in new ACTION: Notice of Request for Proposals Manager, CDFI Bond Guarantee vehicles. In conducting the telephone for Master Servicer/Trustee; correction. Program, CDFI Fund, 1801–6215, JBAB, interviews, the interviewers would use 250 Murray Lane SW., Building 410/ computer-assisted telephone SUMMARY: The Community Development Door 123, Washington, DC 20222. interviewing to reduce interview length Financial Institutions (CDFI) Fund, a and minimize recording errors. Each wholly owned government corporation Dated: June 17, 2013. within the U.S. Department of the driver in the sample would be Dennis Nolan, Treasury, is seeking proposals from interviewed a single time. No Deputy Director, Community Development entities interested in serving as the Financial Institutions Fund. information would be collected that Master Servicer/Trustee for the CDFI could be used to identify any [FR Doc. 2013–14738 Filed 6–19–13; 8:45 am] Bond Guarantee Program, which was BILLING CODE 4810–70–P respondent. authorized under the Small Business NHTSA and ACTS will use the Jobs Act of 2010 (Pub. L. 111–240; 12 information from the proposed U.S.C. 4713a) (the Act). The version of DEPARTMENT OF THE TREASURY telephone survey in decision making the Notice of Request for Proposal regarding integration of the technology published on June 14th, 2013 Internal Revenue Service under investigation into a vehicle. incorrectly stated the address to which applicants must submit printed copies Proposed Collection: Comment ADDRESSES: Send comments to the delivered by commercial carrier. This Request for Form 1099–S Office of Information and Regulatory correction states the appropriate address AGENCY: Affairs, Office of Management and Internal Revenue Service (IRS), to which applicants must submit Treasury. Budget, 725–17th Street NW., printed copies if delivered by Washington, DC 20503, Attention: Desk ACTION: Notice and request for commercial carrier. comments. Officer for Department of FOR FURTHER INFORMATION CONTACT: Lisa Transportation, National Highway M. Jones, Program Manager, CDFI Bond SUMMARY: The Department of the Traffic Safety Administration, or by Guarantee Program, by mail to the CDFI Treasury, as part of its continuing effort email at [email protected], Fund, U.S. Department of the Treasury, to reduce paperwork and respondent or fax: 202–395–5806. 1500 Pennsylvania Avenue NW., burden, invites the general public and Comments are Invited on: whether the Washington, DC 20220; by email to other Federal agencies to take this proposed collection of information is [email protected]; or by facsimile at opportunity to comment on proposed necessary for the proper performance of (202) 508–0090 (this is not a toll free and/or continuing information the functions of the Department of number). Information regarding the collections, as required by the Transportation, including whether the CDFI Fund and the CDFI Bond Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. information will have practical utility; Guarantee Program may be downloaded 3506(c)(2)(A)). Currently, the IRS is the accuracy of the Department’s from the CDFI Fund’s Web site at http://www.cdfifund.gov. soliciting comments concerning Form estimate of the burden of the proposed 1099–S, Proceeds From Real Estate information collection; ways to enhance Correction Transactions. the quality, utility, and clarity of the In the Federal Register of June 14, DATES: Written comments should be information to be collected; and ways to 2013, in FR Doc. 2013–14157, on page minimize the burden of the collection of received on or before August 19, 2013 36031, in the second column, correct III. to be assured of consideration. information on respondents, including Submission of Proposals, paragraph A to ADDRESSES: Direct all written comments the use of automated collection read as follow: techniques or other forms of information to Yvette Lawrence, Internal Revenue Any organization wishing to propose Service, Room 6129, 1111 Constitution technology. to serve as the Master Servicer/Trustee Avenue NW., Washington, DC 20224. (an Offeror) must submit a proposal to A comment to OMB is most effective FOR FURTHER INFORMATION CONTACT: the CDFI Fund in the following format: if OMB receives it within 30 days of Requests for additional information or publication of this notice. no more than 40 single-sided pages; double spaced; 12 font size; Arial, copies of the form and instructions Authority: 44 U.S.C. 3506(c)(2)(A). Calibri, or Times New Roman font. The should be directed to Kerry Dennis, at (202) 927–9368, or at Internal Revenue Dated: June 17, 2013. Offeror may choose how to allocate the Service, Room 6129, 1111 Constitution Nathaniel Beuse, 40 pages of narrative to address the evaluation criteria listed below. Avenue NW., Washington, DC 20224, or Associate Administrator, Vehicle Safety through the internet, at Research. Organizations may also submit an appendix of no more than 25 pages of [email protected] [FR Doc. 2013–14706 Filed 6–19–13; 8:45 am] resumes, charts, graphs, and other SUPPLEMENTARY INFORMATION: BILLING CODE 4910–59–P illustrative materials. Organizations Title: Proceeds From Real Estate must submit: One (1) electronic copy of Transactions.

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OMB Number: 1545–0997. Approved: June 7, 2013. Management and Budget (OMB) for each Form Number: 1099–S. Allan Hopkins, collection of information they conduct Abstract: Internal Revenue Code IRS Reports Clearance Officer. or sponsor. This request for comment is section 6045(e) and the regulations there [FR Doc. 2013–14585 Filed 6–19–13; 8:45 am] being made pursuant to Section under require persons treated as real BILLING CODE 4830–01–P 3506(c)(2)(A) of the PRA. estate brokers to submit an information With respect to the following return to the IRS to report the gross collection of information, VBA invites proceeds from real estate transactions. comments on: (1) Whether the proposed DEPARTMENT OF VETERANS Form 1099–S is used for this purpose. collection of information is necessary AFFAIRS The IRS uses the information on the for the proper performance of VBA’s form to verify compliance with the [OMB Control No. 2900–0782] functions, including whether the reporting rules regarding real estate information will have practical utility; transactions. Proposed Information Collection (2) the accuracy of VBA’s estimate of the Current Actions: There are no changes (Veterans Benefits Administration burden of the proposed collection of being made to the form at this time. (VBA) Voice of the Veteran (VOV) Pilot information; (3) ways to enhance the However, changes to the estimated Surveys) Activity: Comment Request quality, utility, and clarity of the number of filers (3,646,110 to information to be collected; and (4) AGENCY: Veterans Benefits 2,573,400), will result in a burden ways to minimize the burden of the Administration, Department of Veterans decrease (510,456 to 360,276). collection of information on Affairs. Type of Review: Revision of a respondents, including through the use currently approved collection. ACTION: Notice. of automated collection techniques or Affected Public: Business or other for- the use of other forms of information SUMMARY: The Veterans Benefits profit organizations, and individuals or technology. households. Administration (VBA), Department of Estimated Number of Responses: Veterans Affairs (VA), is announcing an Titles opportunity for public comment on the 2,573,400. a. Enrollment Satisfaction, Compensation Estimated Time per Response: 8 min. proposed collection of certain and Pension Estimated Total Annual Burden information by the agency. Under the b. Enrollment Satisfaction, Education Hours: 360,276. Paperwork Reduction Act (PRA) of c. Servicing Satisfaction, Education The following paragraph applies to all 1995, Federal agencies are required to d. Enrollment Satisfaction, Loan Guarantee of the collections of information covered publish notice in the Federal Register Service by this notice: concerning each proposed collection of e. Servicing Satisfaction, Pension An agency may not conduct or information, including each proposed f. Servicing Satisfaction, Specially Adapted sponsor, and a person is not required to revised collection, and allow 60 days for Housing respond to, a collection of information public comment in response to the g. Enrollment Satisfaction, Vocational unless the collection of information Rehabilitation and Employment notice. This notice solicits comments h. Escaped Beneficiary Vocational displays a valid OMB control number. information needed to determine Rehabilitation and Employment Books or records relating to a beneficiary satisfaction with benefit i. Servicing Satisfaction, Vocational collection of information must be application and servicing processes for Rehabilitation and Employment retained as long as their contents may the VBA Compensation Service (CS), j. Enrollment Satisfaction, Compensation and become material in the administration Pension Service (P&F), Education (EDU) Pension of any internal revenue law. Generally, Service, Loan Guaranty (LGY) Service k. Servicing Satisfaction, Compensation tax returns and tax return information and Vocational Rehabilitation and l. Enrollment Satisfaction, Education are confidential, as required by 26 Employment (VR&E) Service. m. Servicing Satisfaction, Education n. Enrollment Satisfaction, Loan Guarantee U.S.C. 6103. DATES: Written comments and Request for Comments: Comments Service recommendations on the proposed o. Servicing Satisfaction, Pension submitted in response to this notice will collection of information should be p. Servicing Satisfaction, Special Adapted be summarized and/or included in the received on or before August 19, 2013. Housing request for OMB approval. All q. Enrollment Satisfaction, Vocational ADDRESSES: Submit written comments comments will become a matter of Rehabilitation and Employment public record. Comments are invited on: on the collection of information through r. Non-Participant, Vocational Rehabilitation (a) Whether the collection of the Federal Docket Management System and Employment information is necessary for the proper (FDMS) at www.Regulations.gov or to s. Servicing Satisfaction, Vocational performance of the functions of the Nancy J. Kessinger, Veterans Benefits Rehabilitation and Employment agency, including whether the Administration (20M35), Department of OMB Control Number: 2900–0782. information shall have practical utility; Veterans Affairs, 810 Vermont Avenue Type of Review: Revision of a (b) the accuracy of the agency’s estimate NW., Washington, DC 20420 or email currently approved collection. of the burden of the collection of [email protected]. Please refer to Abstract: In 2008, VBA recognized a information; (c) ways to enhance the ‘‘OMB Control No. 2900–0782’’ in any need to develop and design an quality, utility, and clarity of the correspondence. During the comment integrated, comprehensive Voice of the information to be collected; (d) ways to period, comments may be viewed online Veteran (VOV) measurement program minimize the burden of the collection of through FDMS. for their lines of business: information on respondents, including FOR FURTHER INFORMATION CONTACT: Compensation Service, Pension Service, through the use of automated collection Nancy J. Kessinger at (202) 632–8924 or Education Service, Loan Guaranty techniques or other forms of information Fax (202) 632–8925. Service and Vocational Rehabilitation technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: Under the and Employment Service. This or start-up costs and costs of operation, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. continuous measurement program will maintenance, and purchase of services 3501–3521), Federal agencies must help VBA understand what is important to provide information. obtain approval from the Office of to Veterans relative to VBA services and

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will provide VA/VBA leadership with identified within the VOV Tracking Frequency of Response: One time. actionable and timely Veteran feedback Study. Further, the volumes for each Total Estimated Number of on how VBA is performing against those survey-type have been increased in Respondents: 130,800. metrics. Insights will help identify order to provide regional offices with a opportunities for improvement and statistically valid sample size, as Dated: June 17, 2013. measure the impact of improvement approved and reviewed by VBA By direction of the Secretary. initiatives. This information collection Leadership and statistician. Crystal Rennie, request is for a tracking study for the Affected Public: Individuals and VA Clearance Officer, U.S. Department of VOV program. The results of the Households. Veterans Affairs. Estimated Annual Burden: 32,950 tracking study will allow VBA to [FR Doc. 2013–14688 Filed 6–19–13; 8:45 am] hours. measure the effectiveness of new Estimated Average Burden per BILLING CODE 8320–01–P initiatives and changes in the processes Respondent: 15 minutes.

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Part II

Nuclear Regulatory Commission

10 CFR Part 51, 54 Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating Licenses; Preparation of Environmental Reports for Nuclear Power Plant License Renewal Applications; License Renewal of Nuclear Power Plants; Generic Environmental Impact Statement and Standard Review Plans for Environmental Reviews; Final Rules

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NUCLEAR REGULATORY is provided the first time that a the aging effects will be adequately COMMISSION document is referenced. In addition, for managed. The applicant must the convenience of the reader, the demonstrate that the effects of aging will 10 CFR Part 51 ADAMS accession numbers are be managed in such a way that the RIN 3150–AI42 provided in a table in Section XII, intended functions of ‘‘passive’’ or ‘‘Availability of Documents,’’ of this ‘‘long-lived’’ structures and components [NRC–2008–0608] document. (such as the reactor vessel, reactor • NRC’s PDR: You may examine and coolant system, piping, steam Revisions to Environmental Review for purchase copies of public documents at generators, pressurizer, pump casings, Renewal of Nuclear Power Plant the NRC’s PDR, One White Flint North, and valves) will be maintained during Operating Licenses 11555 Rockville Pike, Rockville, the license renewal term (also known as AGENCY: Nuclear Regulatory Maryland 20852. the period of extended operation). For Commission. FOR FURTHER INFORMATION CONTACT: Mr. active components, such as motors, diesel generators, cooling fans, batteries, ACTION: Final rule. Stewart Schneider, Office of Nuclear Reactor Regulation, U.S. Nuclear relays, and switches, the Commission’s SUMMARY: The U.S. Nuclear Regulatory Regulatory Commission, Washington, ongoing regulatory oversight programs Commission (NRC) is amending its DC 20555–0001; telephone: 301–415– already ensure that the components environmental protection regulations by 4123; email: [email protected]; continue to perform their intended updating the Commission’s 1996 or Mr. Jeffrey Rikhoff, Office of Nuclear function during the period of license findings on the environmental effect of Reactor Regulation, U.S. Nuclear renewal. This information must be renewing the operating license of a Regulatory Commission, Washington, sufficiently detailed in the application nuclear power plant. The final rule DC 20555–0001; telephone: 301–415– to permit the NRC staff to determine if redefines the number and scope of the 1090; email: [email protected]. the applicant’s management of these environmental impact issues that must issues is adequate to allow operation Executive Summary be addressed by the NRC during license during the extended period of operation renewal environmental reviews. This Purpose of the Regulatory Action without undue risk to the public and workers’ health and safety. final rule also incorporates lessons The Atomic Energy Act of 1954 learned and knowledge gained from In addition to the safety assessment, authorizes the NRC to issue commercial the applicant must also prepare an license renewal environmental reviews nuclear power plant operating licenses conducted by the NRC since 1996. evaluation of the potential impacts to for up to 40 years. The NRC’s the environment of facility operation for DATES: This rule is effective on July 22, regulations allow for the renewal of an additional 20 years. Under the NRC’s 2013. However, compliance is not these operating licenses for up to an environmental protection regulations in required until June 20, 2014. additional 20 years. The license renewal 10 CFR part 51, which implement the ADDRESSES: Please refer to Docket ID process includes reviewing a license National Environmental Policy Act NRC–2008–0608 when contacting the renewal application, conducting the (NEPA), renewal of a nuclear power NRC about the availability of assessment, and then, if all applicable plant operating license requires the information for this final rule. You may safety standards are met, renewing the preparation of an environmental impact access information and comment license. The NRC’s review of a license statement (EIS). To support the submittals related to this final renewal application proceeds along two preparation of these EISs, the NRC rulemaking, which the NRC possesses independent regulatory tracks: one for issued a rule in 1996 to define which and is publicly available, by the safety issues and another for impacts would essentially be the same following methods: environmental issues. The license at all nuclear power plants (Category 1 • Federal Rulemaking Web site: Go to renewal process is defined by a clear set issues) and which ones could be http://www.regulations.gov and search of regulations that are designed to different at different plants and would for Docket ID NRC–2008–0608. Address ensure safe operation and protection of require a plant-specific analysis to questions about NRC dockets to Carol the environment during the license determine the impacts (Category 2 Gallagher; telephone: 301–492–3668; renewal term. The NRC’s regulations for issues). For each license renewal email: [email protected]. For the license renewal safety review are set application, those impacts that require a technical questions, contact the forth in Part 54 of Title 10 of the Code plant-specific analysis must be analyzed individuals listed in the FOR FURTHER of Federal Regulations (10 CFR). The by the applicant in its environmental INFORMATION CONTACT section of this NRC’s environmental protection report and by the NRC in its associated final rule. regulations are set forth in 10 CFR part EIS. The final rule amends those • NRC’s Agencywide Documents 51. regulations by updating the Access and Management System The renewal application is the Commission’s 1996 rule. The final rule (ADAMS): You may access publicly principal document that an applicant redefines the number and scope of the available documents online in the NRC provides to both request and support environmental impact issues that must Library at http://www.nrc.gov/reading- renewal for a nuclear power reactor’s be addressed by the NRC and applicants rm/adams.html. To begin the search, operating license. The license renewal during license renewal environmental select ‘‘ADAMS Public Documents’’ and application includes both general and reviews. These changes are based then select ‘‘Begin Web-based ADAMS technical information that demonstrates primarily on lessons learned and Search.’’ For problems with ADAMS, that an applicant is in compliance with knowledge gained from license renewal please contact the NRC’s Public the NRC’s regulations in 10 CFR part 54. environmental reviews conducted by Document Room (PDR) reference staff at During the renewal process, the license the NRC since 1996. 1–800–397–4209, 301–415–4737, or by renewal applicant must confirm The NRC prepared a regulatory email to [email protected]. The whether the design assumptions used analysis to determine the expected ADAMS accession number for each for the original licensing basis will quantitative and qualitative costs and document referenced in this notice (if continue to be valid throughout the benefits of the final rule. The analysis that document is available in ADAMS) period of extended operation and that concluded that the final rule will result

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in net savings to the industry and the I. Background its plant-specific supplemental NRC. For more information, please see II. Public Meetings environmental impact statements the regulatory analysis (ADAMS III. Discussion (SEISs) to the 1996 GEIS. Similarly, Accession No. ML110760321). IV. Response to Public Comments based upon the findings of the 1996 A. Overview GEIS, the 1996 final rule identified Summary of the Major Rule Changes B. Summary of Comments Resulting in Substantive Changes to the Rule those environmental impacts for which In the 1996 rule, there were 92 C. Summary of Other Comments a site- or plant-specific analysis was environmental impact issues, 23 of V. Related Issues of Importance required, both by the applicant in its which required a plant-specific analysis A. Fukushima Events environmental report and by the NRC in (Category 2 issues) during license B. Removal of References to the Waste its SEIS. The 1996 final rule, amongst renewal environmental reviews. In the Confidence Decision and Rule other amendments to 10 CFR part 51, final rule, there are 78 environmental C. Effective and Compliance Dates for Final added Appendix B to Subpart A of 10 impact issues, 17 of which require a Rule D. Best Management Practices CFR part 51, ‘‘Environmental Effect of plant-specific analysis. The following Renewing the Operating License of a bullets summarize the major changes to E. Definition of ‘‘Historic Properties’’ VI. Revisions to 10 CFR 51.53 Nuclear Power Plant.’’ Appendix B the rule: • A. Reclassifying Category 2 Issues as included Table B–1, ‘‘Summary of Based on the related nature of the Category 1 Issues Findings on NEPA Issues for License issues, several Category 1 issues were B. Adding New Category 2 Issues Renewal of Nuclear Power Plants,’’ consolidated with other Category 1 VII. Response to Specific Request for which summarized the findings of the issues. This includes some issues that Voluntary Information 1996 GEIS. VIII. Final Actions and Basis for Changes to were changed from Category 2 to In preparing the 1996 GEIS, the Category 1 and subsequently combined Table B–1 IX. Section-by-Section Analysis Commission determined that certain with other, related Category 1 issues. environmental impacts associated with Similarly, several Category 2 issues X. Guidance Documents XI. Agreement State Compatibility the renewal of a nuclear power plant were combined with related Category 2 XII. Availability of Documents operating license were the same or issues. XIII. Voluntary Consensus Standards similar for all plants and, as such, could • New Category 1 issues were added: XIV. Environmental Impact—Categorical be treated on a generic basis. In this geology and soils; effects of dredging on Exclusion way, repetitive reviews of these surface water quality; groundwater use XV. Paperwork Reduction Act Statement environmental impacts could be and quality; exposure of terrestrial XVI. Plain Writing avoided. The Commission based its organisms to radionuclides; exposure of XVII. Regulatory Analysis generic assessment of certain aquatic organisms to radionuclides; XVIII. Regulatory Flexibility Act Certification environmental impacts on the following effects of dredging on aquatic XIX. Backfitting and Issue Finality XX. Congressional Review Act factors: organisms; impacts of transmission line (1) License renewal will involve right-of-way management on aquatic I. Background nuclear power plants for which the resources; employment and income; tax Rulemaking History environmental impacts of operation are revenues; human health impacts from well understood as a result of lessons chemicals; and physical occupational In 1986, the NRC initiated a program to develop license renewal regulations learned and knowledge gained from hazards. operating experience and completed • Several issues were changed from and associated regulatory guidance in anticipation of receiving applications license renewals. Category 2 to Category 1: Offsite land (2) Activities associated with license for the renewal of nuclear power plant use, air quality, public services (several renewal are expected to be within this operating licenses. In 1996, the NRC issues), and population and housing. range of operating experience; thus, • New Category 2 issues were added: published a final rule that amended the environmental impacts can be Radionuclides released to groundwater, environmental protection regulations in reasonably predicted. water use conflicts with terrestrial 10 CFR part 51 for applicants seeking to (3) Changes in the environment resources, water use conflicts with renew an operating license for up to an around nuclear power plants are gradual aquatic resources, and cumulative additional 20 years.1 The 1996 final rule and predictable. impacts. was based upon the analyses and The 1996 GEIS improved the • One uncharacterized issue was findings of a May 1996 NRC efficiency of the license renewal process reclassified as Category 2: environmental impact statement, by: (1) Providing an evaluation of the Environmental justice/minority and ‘‘Generic Environmental Impact types of environmental impacts that low-income populations. Statement for License Renewal of • One Category 1 issue was revised to may occur from renewing commercial Nuclear Plants,’’ NUREG–1437 (the nuclear power plant operating licenses; narrow the scope of its finding due to ‘‘1996 GEIS’’) (Vol. 1, ‘‘Main Report,’’ the United States Court of Appeals for (2) identifying and assessing impacts ADAMS Accession No. ML040690705; that are expected to be generic (i.e., the the District of Columbia Circuit (D.C. Vol. 2, ‘‘Appendices,’’ ADAMS Circuit) decision in New York v. NRC, same or similar) at all nuclear power Accession No. ML040690738). plants or plants with specified plant or 681 F.3d 471 (D.C. Cir. 2012), which Based upon the findings of the 1996 site characteristics; and (3) defining the vacated the NRC’s 2010 Waste GEIS, the 1996 final rule identified number and scope of environmental Confidence Decision and Rule (75 FR those license renewal environmental impacts that need to be addressed in 81032 and 81037; December 23, 2010): impact issues for which a generic plant-specific SEISs to the 1996 GEIS. Onsite storage of spent nuclear fuel. analysis had been determined to be • One Category 1 issue was In short, the 1996 final rule identified appropriate and therefore, did not have environmental impact issues (i.e., reclassified as uncategorized due to the to be addressed by a license renewal Category 1 issues) 2 that do not have to New York v. NRC decision: Offsite applicant in its plant-specific radiological impacts of spent nuclear environmental report or by the NRC in 2 A Category 1 issue is one that meets the fuel and high-level waste disposal. following criteria: (1) The environmental impacts SUPPLEMENTARY INFORMATION: 1 61 FR 28467 (June 5, 1996). Continued

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be addressed by licensees in and held a series of public meetings (see proposed rule and the proposed environmental reports for nuclear power 74 FR 38119 for more details). The revisions to the GEIS, the regulatory plant license renewal applications or by original public comment period began guide, and standard review plan was the NRC in plant-specific SEISs because in June 2003 and closed in September extended to January 12, 2010. these issues have been addressed 2003. The project was inactive for the II. Public Meetings generically for all nuclear power plants next 2 years due to limited NRC staff in the 1996 GEIS. Similarly, the 1996 resources and competing demands. On During the public comment period, final rule also identified environmental October 3, 2005 (70 FR 57628), the NRC the NRC conducted six public meetings impact issues (i.e., Category 2 issues) 3 reopened the public comment period to solicit comments on the proposed that must be addressed in plant-specific and extended it until December 30, rule, draft revised GEIS, and related reviews by licensees in their 2005. draft guidance documents. The official environmental reports and by the NRC On July 31, 2009 (74 FR 38117), the transcripts, written comments, and in the SEISs. NRC published the proposed rule, meeting summaries for the following On December 18, 1996 (61 FR 66537), ‘‘Revisions to Environmental Review for public meetings are available the NRC amended the final rule Renewal of Nuclear Power Plant electronically for public inspection at published in 1996 to incorporate minor Operating Licenses,’’ for public the NRC’s PDR or online in the NRC clarifying and conforming changes and comment in the Federal Register. The Library at http://www.nrc.gov/reading- to add language omitted from Table B– proposed rule would amend Table B–1 rm/adams.html: 1 in Appendix B to Subpart A of 10 CFR by updating the Commission’s 1996 (1) September 15, 2009, Atlanta, GA part 51 (hereafter ‘‘Table B–1 in findings on the environmental impacts (ADAMS Accession No. ML092810007); Appendix B to Subpart A of 10 CFR Part related to the renewal of nuclear power (2) September 17, 2009, Newton, MA 51’’ is referred to as ‘‘Table B–1’’). plant operating licenses and other NRC (ADAMS Accession No. ML092931681); environmental protection regulations (3) September 24, 2009, Oak Brook, IL 1999 Final Rule (e.g., 10 CFR 51.53, which sets forth the (ADAMS Accession No. ML092931545); The NRC amended 10 CFR part 51, contents of the applicant’s (4) October 1, 2009, Rockville, MD including Table B–1, on September 3, environmental report). Together with (ADAMS Accession No. ML092931678); 1999 (64 FR 48496). This amendment the proposed rule, the NRC also (5) October 20, 2009, Pismo Beach, expanded the generic findings published a notice of availability of the CA (ADAMS Accession No. pertaining to the environmental impacts draft revised GEIS (ADAMS Accession ML093070174); and resulting from transportation of fuel and No. ML090220654); a proposed Revision (6) October 22, 2009, Dana Point, CA waste to and from a single nuclear 1 of Regulatory Guide (RG) 4.2, (ADAMS Accession No. ML093100505). power plant. This amendment also Supplement 1, ‘‘Preparation of A summary of these meetings is incorporated rule language consistent Environmental Reports for Nuclear publicly available under ADAMS with the 1996 GEIS, which addressed Power Plant License Renewal Accession No. ML093070141. local traffic impacts attributable to the Applications’’ (ADAMS Accession No. On June 21, 2011, the NRC conducted continued operations of a nuclear power ML091620409); and a proposed another public meeting to discuss final plant during the license renewal term. Revision 1 to NUREG–1555, rule implementation in Rockville, MD. Supplement 1, ‘‘Standard Review Plans Current Rulemaking No public comments were solicited at for Environmental Reviews for Nuclear this meeting because the public As stated in the 1996 final rule that Power Plants’’ (ADAMS Accession No. comment period for the proposed rule incorporated the findings of the GEIS in ML090230497), in the Federal Register had closed on January 12, 2010. A 10 CFR part 51, the NRC recognized that (74 FR 38238). All of the documents summary of this meeting is publicly environmental impact issues might requested public comments. available in ADAMS under Accession change over time and that additional The proposed amendments were No. ML11182B535. issues may need to be considered. As based on consideration of (1) Comments further stated in the preamble to Table received from the public during the III. Discussion B–1, the NRC indicated that it intended public scoping period, (2) a review of 1996 GEIS to review the material in Table B–1 on comments received on plant-specific a 10-year basis. SEISs completed since the 1996 GEIS Under the NRC’s environmental The NRC began this review on June 3, was issued, and (3) lessons learned and protection regulations in 10 CFR part 2003, by publishing a notice of intent to knowledge gained from previous and 51, which implements Section 102(2) of revise the 1996 GEIS (68 FR 33209). As ongoing license renewal environmental NEPA, renewal of a nuclear power plant part of this process and pursuant to 10 reviews. The history of this rulemaking operating license requires the CFR 51.29, the NRC conducted scoping is discussed in more detail in the July preparation of an EIS (see 10 CFR 31, 2009 (74 FR 38117), proposed rule. 51.20(b)(2)). The 1996 GEIS summarized associated with the issue have been determined to The draft revised GEIS provided the the findings of a systematic inquiry into apply either to all plants or, for some issues, to regulatory basis for the July 2009 the environmental impacts of continued plants having a specific type of cooling system or proposed rule. operations and refurbishment activities other specified plant or site characteristic; (2) a single significance level (i.e., small, moderate, or The proposed rule provided a 75-day associated with license renewal. Of the large) has been assigned to the impacts (except for public comment period, which closed 92 environmental issues identified and collective offsite radiological impacts from the fuel on October 14, 2009. The NRC received analyzed by the NRC, 69 issues were cycle and from high-level waste and spent fuel requests to extend the comment period determined to be generic (i.e., Category disposal); and (3) mitigation of adverse impacts associated with the issue has been considered in the to provide the public more time to 1); 21 were determined to be plant- analysis, and it has been determined that additional analyze and review the legal, regulatory, specific (i.e., Category 2); and two did plant-specific mitigation measures are not likely to and policy issues covered by the not fit into either category (i.e., be sufficiently beneficial to warrant proposed rule and supporting uncategorized). Category 1 issues implementation. concern those potential environmental 3 A Category 2 issue is one where one or more of documents. On October 7, 2009 (74 FR the Category 1 criteria cannot be met, and therefore 51522), the NRC granted the requests, impacts resulting from license renewal additional plant-specific review is required. and the public comment period for the that are common or generic to all

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nuclear power plants (or for some environmental issues evaluated in the 1 issue, ‘‘Entrainment of phytoplankton issues, to plants having a specific type 1996 GEIS. and zooplankton (all plants).’’ of cooling system or other specified In the proposed rule and draft revised In addition to the changes previously plant or site characteristic). Category 2 GEIS, the NRC carried forward 78 discussed, the NRC has made changes to issues concern those potential environmental impact issues for the ‘‘Onsite storage of spent nuclear environmental impacts resulting from detailed consideration. Fifty-eight of fuel’’ issue and the ‘‘Offsite radiological license renewal that are not common or these issues were determined to be impacts of spent nuclear fuel and high- generic to all nuclear power plants and, Category 1. Of the remaining 20 issues, level waste disposal’’ issue as a result of as such, require a plant-specific analysis 19 were determined to be Category 2 the United States Court of Appeals to determine the level of impact. The and one issue, ‘‘Electromagnetic fields, decision in New York v. NRC, 681 F.3d two uncategorized issues would be chronic effects,’’ remained 471 (D.C. Cir. 2012), which vacated the addressed by the NRC in each SEIS. uncategorized.4 These issues were NRC’s 2010 Waste Confidence Decision Table B–1 summarizes the findings of summarized in the July 31, 2009 (74 FR and Rule (75 FR 81032 and 81037; the environmental impact analyses 38117), proposed rule. December 23, 2010). The Category 1 conducted for the 1996 GEIS and lists Based on public comments received ‘‘Onsite storage of spent nuclear fuel’’ each issue and its category level. on the proposed rule and draft revised issue was revised to limit the period of Impact levels (small, moderate, or GEIS, a number of the environmental time covered by the issue to the license large) were determined for most NEPA impact issues identified in the proposed renewal term. Similarly, the NRC issues (e.g., land use, air, water) rule were re-evaluated for detailed revised the Category 1 issue, ‘‘Offsite evaluated in the 1996 GEIS. A small consideration in the final revised GEIS radiological impacts of spent nuclear impact means that the environmental and are reflected in the changes made fuel and high-level waste disposal’’ by effects are not detectable, or are so by the final rule. These changes are reclassifying the issue from a Category minor that they would neither discussed in detail in Section VIII, 1 issue with an impact level of small to destabilize nor noticeably alter any ‘‘Final Actions and Basis for Changes to an uncategorized issue with an impact important attribute of the resource. A Table B–1,’’ of this document and are level of uncertain. Section V of this moderate impact means that the briefly summarized as follows: document, ‘‘Related Issues of environmental effects are sufficient to (1) ‘‘Air quality during refurbishment Importance,’’ provides further details on alter noticeably, but not destabilize, (nonattainment and maintenance the NRC’s revisions to these issues in important attributes of the resource. A areas)’’ issue was changed from a response to the New York v. NRC large impact means that the Category 2 to a Category 1 issue and decision. environmental effects would be clearly renamed, ‘‘Air quality impacts (all Ultimately, 59 environmental impact noticeable and would be sufficient to plants).’’ issues were determined to be Category destabilize important attributes of the (2) ‘‘Groundwater and soil 1 and would not require additional resource. contamination’’ issue was changed from plant-specific analysis unless new and The 1996 GEIS has been effective in a Category 2 to a Category 1 issue and significant information is identified focusing the NRC’s resources on consolidated with the ‘‘Groundwater during the license renewal important license renewal use and quality’’ issue into a single environmental review. Of the remaining environmental impact issues and has renamed Category 1 issue, 19 issues, 17 were determined to be increased the efficiency of the ‘‘Groundwater contamination and use Category 2, one remained uncategorized environmental review process. (non-cooling system impacts).’’ with respect to determining the impact Currently, 73 nuclear units at 43 plant (3) ‘‘Thermal impacts on aquatic level (‘‘Chronic effects of sites have received renewed operating organisms’’ issue was changed to electromagnetic fields (EMFs)’’), and licenses. remove several Category 1 thermal one was reclassified from Category 1 to uncategorized (‘‘Offsite radiological Revised GEIS impacts issues (these Category 1 issues were consolidated together with a impacts of spent nuclear fuel and high- The revised GEIS (Vol. 1, ‘‘Main Category 2 thermal impact issue in the level waste disposal’’). These 78 issues Report,’’ ADAMS Accession No. proposed rule) to create a new separate were evaluated in the revised GEIS and ML13106A241; Vol. 2, ‘‘Public combined Category 1 issue, are summarized in the final rule. No Comments,’’ ADAMS Accession No. ‘‘Infrequently reported thermal impacts environmental issues identified in Table ML13106A242; and Vol. 3, (all plants),’’ which also includes the B–1 and evaluated in the 1996 GEIS ‘‘Appendices,’’ ADAMS Accession No. previously separate ‘‘Stimulation of were eliminated, but certain issues were ML13106A244) is both an update and a aquatic nuisance species (e.g., consolidated or grouped according to re-evaluation of the potential shipworms),’’ Category 1 thermal impact similarities. environmental impacts arising from the issue. Environmental issues in the revised renewal of an operating license for a (4) ‘‘Impingement and entrainment of GEIS are arranged by resource area. This nuclear power reactor for an additional aquatic organisms’’ issue was changed perspective is a change from the 1996 20 years. Lessons learned and to remove a single impingement and GEIS in which environmental issues are knowledge gained during previous entrainment Category 1 issue arranged by power plant systems (e.g., license renewal environmental reviews (consolidated with other impingement cooling systems, transmission lines) and activities (e.g., refurbishment). The provided a significant source of new and entrainment issues in the proposed structure of the revised GEIS conforms information for the revised GEIS. In rule) to create a new, separate Category addition, public comments received to the NRC’s standard format for EISs during previous license renewal 4 ‘‘Electromagnetic fields, chronic effects’’ found in Appendix A to Subpart A of environmental reviews were re- remains an uncategorized issue. Due to the lack of 10 CFR part 51, ‘‘Format for examined to validate existing a scientific consensus on the impacts of chronic Presentation of Material in environmental issues and identify new exposure to electromagnetic fields, the NRC has not Environmental Impact Statements.’’ The categorized this issue and did not perform a plant- ones. In preparing the revised GEIS, the specific analysis. Once a scientific consensus is environmental impacts of license NRC considered the need to modify, add reached, the NRC will categorize the issue for renewal activities, including plant to, consolidate, or delete any of the 92 license renewal. operations, maintenance, and

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refurbishment activities, along with plant activity that could result in an issues that were determined to be replacement power alternatives, are environmental impact, (2) identify the Category 2 in the 1996 GEIS and have addressed in each resource area. The resource that may be affected, (3) been re-evaluated and determined to be revised GEIS evaluated environmental evaluate past license renewal reviews Category 1 in the revised GEIS. Table B– impact issues under the following and other available information, (4) 1 has been amended by the final rule. resource areas: (1) Land use and visual assess the nature and magnitude of the An applicant is no longer required to resources, (2) air quality and noise, (3) environmental impact on the affected conduct a plant-specific assessment of geologic environment, (4) water resource, (5) characterize the the environmental impacts associated resources (surface water resources and significance of the effects, and (6) with these issues in its environmental groundwater resources), (5) ecological determine whether the results of the report. Similarly, the NRC is no longer resources (terrestrial resources, aquatic analysis apply to all nuclear power required to analyze the potential resources, special status species and plants (i.e., whether the impact issue is environmental impacts related to that habitats), (6) historic and cultural Category 1 or Category 2). issue in the SEIS. However, consistent resources, (7) socioeconomics, (8) The revised GEIS, and therefore the with the requirements of 10 CFR human health, (9) environmental final rule, retains the 1996 GEIS 51.53(c)(3)(iv), an applicant is still justice, and (10) waste management and definitions of a Category 1 and Category required to describe in its pollution prevention. The final rule 2 issue. While some Category 2 issues environmental report any ‘‘new and revises Table B–1 to follow the have been changed to Category 1, no significant information’’ of which it is organizational format of the revised Category 1 issue has been changed to aware. GEIS. Category 2. The final rule makes four (4) Existing Issue Changes from In the 1996 GEIS, the NRC assumed major types of changes: Category 1 to Uncategorized: The that licensees would need to conduct (1) New Category 1 Issues: New ‘‘Offsite radiological impacts of spent major refurbishment activities to ensure Category 1 issues are either new nuclear fuel and high-level waste the safe and economic operation of Category 1 issues (i.e., not previously disposal’’ issue 5 was determined to be nuclear power plants beyond the evaluated in the 1996 GEIS and listed in a Category 1 issue in the 1996 GEIS, but current license term. Activities included Table B–1) or multiple Category 1 issues given the DC Circuit decision in New from the 1996 GEIS (and listed as replacement and repair of major York v. NRC, the NRC reclassified the multiple Category 1 issues in Table B– components and systems, upgrades, and issue to uncategorized in the revised 1 of the current rule) that have been equipment. Replacement of many GEIS. Table B–1 has been amended by consolidated into a single Category 1 systems, structures, and components the final rule. Because the issue is issue in the revised GEIS and in Table included steam generators and uncategorized in this final rule, pending B–1. An applicant for license renewal pressurizers for pressurized water further action by the Commission, an does not need to assess the potential reactors (PWRs) and recirculation applicant is not required to conduct a environmental impacts from these piping systems for boiling water reactors plant-specific assessment of the (BWRs). It was assumed that many issues in its environmental report. environmental impacts associated with nuclear power plants would also However, under 10 CFR 51.53(c)(3)(iv), this issue in its environmental report. undertake construction projects to the applicant is still responsible for replace or improve infrastructure. Such reporting in the environmental report IV. Response to Public Comments projects could include construction of any ‘‘new and significant information’’ A. Overview new parking lots, roads, storage of which the applicant is aware. If the buildings, structures, and other applicant is not aware of any new and The public comment period for the facilities. significant information that changes the proposed rule, draft revised GEIS, and Licensee practice since publication of conclusion in the revised GEIS, the draft guidance documents associated the 1996 GEIS has shown that many applicant must state this determination with this rulemaking, ended on January refurbishment activities have already in the environmental report. The NRC 12, 2010. The NRC received 32 taken place (e.g., steam generator and has addressed the environmental document submissions containing vessel head replacement). Most license impacts of these Category 1 issues comments from industry stakeholders, renewal applicants have not identified generically for all plants in the revised representatives of Federal and State any refurbishment activities associated GEIS. agencies, and other interested parties. with license renewal. Therefore, the (2) New Category 2 Issues: New The NRC also received verbal comments revised GEIS assumes that impacts from Category 2 issues are either new at the six public meetings held during refurbishment activities outside of Category 2 issues (i.e., not previously the public comment period. A detailed license renewal have been accounted for evaluated in the 1996 GEIS and listed in description of all public comments in annual site evaluation reports, Table B–1) or multiple Category 2 issues submitted on the proposed rule, draft environmental operating reports, and from the 1996 GEIS (and listed as revised GEIS, and draft guidance radiological environmental monitoring multiple Category 2 issues in Table B– documents, and the NRC’s responses to program reports. Detailed analyses have 1 of the current rule) that have been those comments, are contained in not been performed for refurbishment consolidated into a single Category 2 separate documents (see Section XII, actions in the revised GEIS. Instead, the issue in the revised GEIS and in Table ‘‘Availability of Documents,’’ of this impacts of typical activities during the B–1. For each new Category 2 issue, an document). The following section license renewal term, including any applicant must conduct a plant-specific summarizes the major issues raised refurbishment activities, are addressed assessment of the potential during the public comment period for each resource area. environmental impacts related to that resulting in substantive changes to the Environmental impacts of license issue and include it in its environmental rule and other issues raised for which renewal and the resources that could be report. The NRC will then analyze the no changes were made to the rule. affected are identified in the revised potential environmental impacts related GEIS. The general analytical approach to that issue in the SEIS. 5 The issue was named ‘‘Offsite radiological for identifying environmental impacts (3) Existing Issue Category Changes impacts (spent fuel and high waste disposal)’’ in the was to: (1) Describe the nuclear power from Category 2 to Category 1: These are 1996 rule and GEIS.

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B. Summary of Comments Resulting in Category 2 issue in the proposed rule. NRC Response. While classified as a Substantive Changes to the Rule These commenters argued that air Category 2 issue in the proposed rule, Several issues were raised during the quality impacts would be small even in further consideration of the public comment period that resulted in worst-case situations, because licensees ‘‘Groundwater and soil contamination’’ substantive changes to the proposed are required to operate within State air issue and public comments revealed rule, which are briefly discussed in the permit requirements. that the potential impacts on following paragraphs. NRC Response. The NRC agrees with groundwater and soil quality from Seismic issues. Many commenters the commenters. The final rule revises common industrial practices (e.g., the wanted seismic issues to be included in Table B–1 by reclassifying the issue as use, handling, storage, and disposal of the rule and pointed out the importance a Category 1 issue. Operating experience chemicals, petroleum products, waste, of reassessing seismic conditions in has shown that the potential impact and hazardous material) can be determining the safety of operating from emergency generators and boilers addressed generically because industrial practices employed by nuclear power nuclear power plants. Industry on air quality would be small for all plants are not unique, but common to commenters disagreed and argued that plants and, given the infrequency and all industrial facilities. The NRC seismology should not be considered as short duration of maintenance testing, concludes that the overall impact of part of the issue of ‘‘Impacts of nuclear would not be an air quality concern industrial practices on groundwater use plants on geology and soils’’ in the even at plants located in or adjacent to and quality from past and current proposed rule because it is an ongoing nonattainment areas. operations is small for all nuclear power safety issue that is being addressed at all In addition, the analysis presented in plants and not expected to change plants. the revised GEIS has shown that the appreciably during the license renewal NRC Response. The NRC agrees with worst-case emissions from cooling tower term. The NRC agrees with the the industry commenters that drift and particulate emissions at commenters to the extent that consideration of seismic conditions is operating plants were also small. Air clarification was needed and that an ongoing safety issue. Although quality impacts from vehicle, common industrial practices that can seismic conditions at nuclear power equipment, and fugitive dust emissions associated with refurbishment would cause groundwater or soil plants were generically discussed in the contamination can be addressed revised GEIS as part of the geologic also be small for most plants but could be a cause for concern for plants located generically as a Category 1 issue. environment, seismology was not Further, the final rule combines the in or near air quality nonattainment or identified as a separate issue in the reclassified ‘‘Groundwater and soil maintenance areas. However, the revised GEIS because the NRC contamination’’ issue with the Category impacts are expected to be temporary considered historical earthquake data 1 proposed rule issue, ‘‘Groundwater and would cease once projects were for each nuclear power plant when that use and quality,’’ and renames the completed. In addition, operating plant was first licensed. The NRC consolidated Category 1 issue as requires all licensees to take seismic experience has shown that ‘‘Groundwater contamination and use hazards into account in order to refurbishment activities have not (non-cooling system impacts).’’ These maintain safe operating conditions at all required the large numbers of workers issues were consolidated because they nuclear power plants. When new and extended durations conservatively both consider the impact of industrial seismic hazard information becomes predicted and analyzed in the 1996 activities associated with the continued available, the NRC evaluates the new GEIS, nor have such activities resulted operations of a nuclear power plant (not data and models to determine if any in exceedances in the de minimis directly related to cooling system changes are needed at existing plants. thresholds for criteria pollutants in effects) on groundwater use and quality. This continuous oversight process, nonattainment and maintenance areas. Consolidating these issues also which includes seismic safety, remains Consequently, the NRC agrees with conforms to the resource-based separate from license renewal and takes these commenters’ arguments that air approach used in the revised GEIS and place on an ongoing basis at all licensed quality impacts would be small for all serves to facilitate the license renewal nuclear facilities. plants and, therefore, a Category 1 issue. environmental review process. Sections 3.4 and 4.4.1 of the revised Groundwater and soil contamination. The finding column of Table B–1 for GEIS explain that geologic and seismic Several commenters objected to the new ‘‘Impacts of refurbishment on conditions were considered in the Category 2 issue, ‘‘Groundwater and soil groundwater use and quality’’ prior to original design of nuclear power plants contamination,’’ in the proposed rule the final rule, as analyzed in the 1996 and are part of the license bases for and asserted that contamination from GEIS, indicated that impacts of operating plants. Seismic conditions are industrial practices is addressed by the continued operations and refurbishment attributes of the geologic environment U.S. Environmental Protection Agency on groundwater use and quality would that are not affected by continued plant (EPA) and State regulations that monitor be small, as extensive dewatering is not operations and refurbishment and are and address these impacts. Specifically, anticipated, and the application of best not expected to change appreciably the use, storage, disposal, release, and/ management practices for handling any during the license renewal term for all or cleanup of spilled or leaked solvents, materials produced or used during nuclear power plants. The findings hydrocarbons, and other potentially activities would reduce impacts. These relative to geologic and soil conditions hazardous materials are governed by the findings were re-evaluated in the were re-evaluated in the revised GEIS Resource Conservation and Recovery revised GEIS and are retained in the and as such, the issue has been Act (RCRA); Comprehensive finding column of Table B–1 for the renamed, ‘‘Geology and soils,’’ in Table Environmental Response, consolidated issue. B–1, and the findings have been revised Compensation, and Liability Act; Toxic This new consolidated issue also for clarity. Substances Control Act; Federal considers the impacts on groundwater, Air quality impacts. Several Insecticide, Fungicide, and Rodenticide soil, and subsoil from the industrial use commenters objected to the issue, ‘‘Air Act; and the Federal Water Pollution of solvents, hydrocarbons, heavy metals, quality (nonattainment and Control Act (also known as the Clean or other chemicals at nuclear power maintenance areas),’’ being listed as a Water Act (CWA)). plant sites during the license renewal

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term, including the impacts resulting into the groundwater. The number of range of medical and scientific experts from the use of wastewater disposal these events and the high level of public who can provide the best available ponds or lagoons (both lined or controversy have made this an issue that analysis of the complex issues involved unlined). Industrial practices at all the NRC believes needs a ‘‘hard look,’’ in discussing cancer risk and nuclear power plants have the potential as required by NEPA. commercial nuclear power plants. The to contaminate groundwater and soil, As a voluntary action, NEI 07–07 NAS is a nongovernmental organization especially on sites with unlined cannot be enforced by the NRC. As chartered by the U.S. Congress to advise wastewater and storm water lagoons. such, no violations can be issued against the nation on issues of science, Contaminants have been found in a licensee who fails to comply with the technology, and medicine. Through the groundwater and soil samples at some guidance in NEI 07–07. Furthermore, National Research Council and Institute nuclear power plants during previous the NRC cannot rely on a voluntary of Medicine, it carries out studies license renewal environmental reviews. initiative as a basis to ensure that the independently of the Government, using Any groundwater and soil nuclear power industry will monitor processes designed to promote contamination at operating nuclear and have adequate information available transparency, objectivity, and technical power plants is subject to for the NRC to determine whether the rigor. More information on its methods characterization and clean-up under issue does or does not have an adverse for performing studies is available at EPA- and State-regulated remediation impact on groundwater resources. http://www.nationalacademies.org/ and monitoring programs. In addition, Regarding the magnitude of impact, studycommitteprocess.pdf. wastewater disposal ponds and lagoons the NRC bases its determination of small The NAS study will update the 1990 are subject to discharge authorizations to moderate impact on a review of U.S. National Institutes of Health under the National Pollutant Discharge existing plants that have had National Cancer Institute (NCI) report, Elimination System (NPDES) and inadvertent releases of radioactive ‘‘Cancer in Populations Living Near related State wastewater discharge liquids. Even though the NRC expects Nuclear Facilities’’ (NCI 1990), which permit programs. Each operating impacts for all plants to be within this concluded there was no evidence that nuclear power plant must comply with range, a conclusion of large impact nuclear facilities may be linked causally these EPA and State regulatory would not be precluded for a future with excess death from leukemia or requirements. As such, each site has an license renewal review based on new from other cancers in populations living established program for handling and significant information, if the data nearby.6 The study’s objectives are to: chemicals, waste, and other hazardous supports such a conclusion. As reflected (1) Evaluate whether cancer risk is materials. Moreover, nuclear power in the revised final GEIS and the final different for populations living near plant licensees are expected to employ rule, ‘‘Radionuclides released to nuclear power facilities, (2) include best management practices, both in groundwater,’’ remains a Category 2 cancer occurrence, (3) develop an minimizing effluents and in issue. approach to assess cancer risk in remediation. Thus, this new Radiation exposures to the public. geographic areas that are smaller than consolidated issue, as set forth in the Several commenters identified recent the county level, and (4) evaluate the final revised GEIS and the final rule, is studies that claim an association study results in the context of offsite listed as a Category 1 issue. between cancer risk and proximity to doses from normal reactor operations. nuclear power facilities. The study began in the summer of 2010 C. Summary of Other Comments NRC Response. The NRC’s regulatory and is expected to be completed within limits for radiological protection are set Radionuclides in groundwater. 4 years. The final revised GEIS has to protect workers and the public from Several commenters expressed added a discussion on the NRC’s opposition to the inclusion of a new the harmful health effects (i.e., cancer sponsorship of this follow-up to the Category 2 issue, ‘‘Radionuclides and other biological impacts) of 1990 NCI study. released to groundwater,’’ with an radiation to humans. The limits are Onsite storage of spent nuclear fuel, based on the recommendations of impact estimate of small to moderate in waste disposal, and Yucca Mountain. scientific standards-setting the proposed rule. Some commenters Several commenters expressed concern organizations. These radiation standards indicated that the issue category should about the increasing volume of spent reflect extensive scientific study by be changed to Category 1; others nuclear fuel at existing power plant sites national and international suggested that the levels of significance and the availability of a geological organizations. The NRC actively should range to large. The argument for repository at Yucca Mountain for future participates in and monitors the work of changing the issue to Category 1 was waste disposal. based on the voluntary industry-wide these organizations to remain current on NRC Response. The Commission is initiative, Nuclear Energy Institute (NEI) the latest trends in radiation protection. aware that geologic disposal, at Yucca 07–07, ‘‘Industry Ground Water If the NRC determines that there is a Mountain or elsewhere, may not be Protection Initiative—Final Guidance need to revise its radiation protection available in the timeframe that was Document’’ (ADAMS Accession No. regulations, it will initiate a separate originally envisioned. As an alternative, ML072610036), designed to protect rulemaking. The models recognized by the Commission has considered the groundwater. the NRC for use by licensees to calculate storage of spent nuclear fuel on reactor NRC Response. This new, Category 2 dose incorporate conservative sites where it is generated. The impacts issue evaluates the potential assumptions to ensure that workers and associated with onsite storage of spent contamination and degradation of members of the public are adequately nuclear fuel at nuclear power plant sites groundwater resources resulting from protected from radiation. during the license renewal term are On April 7, 2010, the NRC announced inadvertent discharges of radionuclides discussed in Section 4.11.1.2 of the that it asked the National Academy of into groundwater from nuclear power revised GEIS. The impacts associated Sciences (NAS) to perform a state-of- plants. Within the past several years, with offsite radiological impacts from there have been numerous events at the-art study on cancer risk for power reactor sites that involved populations surrounding nuclear power 6 More information on this report is available at unknown, uncontrolled, and facilities (ADAMS Accession No. http://www.cancer.gov/cancertopics/factsheet/Risk/ unmonitored releases of radionuclides ML100970142). The NAS has a broad nuclear-facilities.

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spent nuclear fuel and high-level waste At initial licensing, the NRC also evaluation included modeling the disposal are discussed in Section considered the environmental impact of release of radioactive materials into the 4.11.1.3 of the revised GEIS. In light of DBAs at each operating nuclear power environment and modeling the the DC Circuit’s decision in New York plant. The DBAs are those events that pathways (i.e., exposure to the v. NRC, 681 F.3d 471, the NRC has both the applicant and the NRC evaluate radioactive plume, inhalation of revised two Table B–1 issues, ‘‘Onsite to ensure that the plant can withstand radioactivity, consumption of storage of spent nuclear fuel’’ and normal and abnormal transients (e.g., contaminated food) through which ‘‘Offsite radiological impacts of spent rapid changes in reactor power) without members of the public could potentially nuclear fuel and high-level waste undue risk to the health and safety of be exposed to doses of radiation. Based disposal.’’ Section V of this document, the public. Although the NRC does not on the calculated doses, the GEIS ‘‘Related Issues of Importance,’’ expect that all of these postulated events reported the consequences (i.e., provides a discussion of the NRC’s will occur during the life of the plant, potential early and latent fatalities) from revisions to these two issues, as well as the NRC evaluates them to establish the such accidents. In developing a the actions the NRC has taken or will basis for the preventive and mitigative potential impact level, however, the take in response to the New York v. NRC safety systems of the facility. The NRC took into account the very low decision. acceptance criteria for DBAs are probability of such events, as well as Postulated accidents. Numerous described in 10 CFR part 50, ‘‘Domestic their potential consequences, and comments were received on the NRC’s Licensing of Production and Utilization concluded that the likely impact from evaluation and classification of Facilities,’’ and 10 CFR part 100, individual nuclear power plants is postulated accidents in the draft revised ‘‘Reactor Site Criteria.’’ Compliance small. GEIS. One commenter disagreed with with these regulations provides In the revised GEIS, the NRC the GEIS’ conclusion that environmental reasonable assurance of adequate expanded the scope of the severe impact from design basis accidents protection of public health and safety. accident evaluations and used more (DBAs) is small. Also, several During operations, the NRC requires recent technical information that commenters disagreed with the GEIS each power plant licensee to maintain included both internal and external conclusion that the environmental acceptable design and performance event core-damage frequency, as well as impact from severe accidents is small criteria in accordance with the NRC’s improved severe accident source terms, and further, that the evaluation is not regulations, including during any spent fuel pool accidents, low power adequate because of its use of license renewal period. Therefore, the and reactor shutdown events, new probability-weighted risk assessments. calculated releases from DBAs will radiation risk-coefficients from the Their position is that for severe remain within the NRC’s regulatory National Academy of Sciences, ‘‘Health accidents, the revised GEIS should also limits. Risks from Exposure to Low Levels of evaluate the consequences of reactor The 1996 GEIS, in Section 5.2, Ionizing Radiation: Biological Effects of accidents and expand the evaluation to discusses the impacts of potential Ionizing Radiation (BEIR) VII’’ report,7 include spent fuel pool accidents and accidents. It contains a discussion of and risk impacts of reactor power accidents due to age-related plant plant accidents and consequences. This uprates and higher fuel burn-up levels. component degradation. In addition, discussion addresses general As a result, the revised GEIS considers some of the commenters stated that the characteristics of design basis (and updated information in determining the NRC has gained enough information severe) accidents, characteristics of potential consequences of a reactor from the many plant licenses it has fission products, meteorological accident. Considering this updated renewed to make a determination, on a considerations, possible exposure information and that severe reactor generic basis, that the ‘‘severe pathways, potential adverse health accidents remain unlikely, the revised accidents’’ issue should be reclassified effects, avoiding adverse health effects, GEIS concludes that the environmental as Category 1. accident experience and observed impacts of a severe accident remain NRC Response. impacts, and emergency preparedness. small. Design Basis Accidents. The NRC The revised GEIS reexamined the The NRC notes, however, that the does not agree that the GEIS’ evaluation information from the 1996 GEIS and GEIS is not the primary vehicle the NRC of DBAs is incorrect. The NRC evaluates concluded that it is still valid. Because uses to address and regulate risks from and presents the potential consequences the information on DBAs is valid and severe accidents. The NRC’s regulations of DBAs in nuclear power plant has not changed, the revised GEIS does and regulatory practices employ safety licensing documents and considers not repeat the information from the standards in the design, construction, them in the GEIS for license renewal. 1996 GEIS. and operation of nuclear power plants In order to receive NRC approval for Severe Accidents. The NRC does not as well as risk models to ensure the an initial operating license, an applicant agree with the comments that the public is adequately protected on an on- must submit a final safety analysis revised GEIS evaluation is inadequate going basis. The NRC’s ongoing report (FSAR) as part of its application. regarding the impacts from severe oversight addresses the public’s risk The FSAR presents the applicable accidents because it uses probability- from nuclear power plant accidents, design criteria and design information weighted risk assessments. Severe accounts for the effects of proposed for the proposed reactor, as well as accidents (i.e., beyond design basis changes that may be made as part of comprehensive data on the proposed accidents) are those that could result in power plant operations, and considers site. The FSAR also discusses substantial damage to the reactor core, new information about the facility or its hypothetical reactor accident situations whether or not there are serious off-site environment when necessary. and addresses the safety features that consequences. The 1996 GEIS estimated prevent and mitigate those accidents. and considered the potential impacts on 7 The BEIR VII report can be accessed at http:// During the initial licensing process for human health and economic factors search.nap.edu/napsearch.php?term=beir+vii. The a power reactor, the NRC reviews the from full-power severe reactor accidents NRC staff reviewed this report in SECY–05–0202, ‘‘Staff Review of the National Academies Study of FSAR to determine whether or not the initiated by internal events at different the Health Risks from Exposure to Low Levels of plant design meets the NRC’s types of nuclear facilities located in Ionizing Radiation (BEIR VII),’’ dated October 29, regulations. different types of settings. That 2005 (ADAMS Accession No. ML052640532).

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Although the NRC has determined the NRC denial was upheld by the issued a memorandum and order that impacts from severe accidents are United States Court of Appeals. concerning two combined operating small for all facilities, the NRC Aging-related Degradation. Issues license applications for new reactor continues to maintain that severe related to age-related plant component units at the Tennessee Valley Authority accidents cannot be a Category 1 issue degradation are addressed in the NRC’s Bellefonte site in Alabama and the Duke because plant-specific mitigation safety evaluation of the plant’s license Energy Carolinas Lee site in South measures vary greatly based on plant renewal application. The regulations Carolina (CLI–09–21). The designs, safety systems, fuel type, covering the safety review for license memorandum and order stated: renewal are in 10 CFR part 54, operating procedures, local because the Staff is currently addressing the environment, population, and siting ‘‘Requirements for Renewal of Operating emerging issues surrounding greenhouse gas characteristics. Thus, severe accidents Licenses for Nuclear Power Plants.’’ emissions in environmental reviews required remain a Category 2 issue. Accordingly, The 1996 GEIS discusses the potential for the licensing of nuclear facilities, we the NRC has not changed the effects of age on the physical plant and believe it is prudent to provide the following requirements in 10 CFR 51.53(c)(3)(ii)(L) notes that such deterioration could guidance to the Staff. We expect the Staff to that an applicant’s environmental report result in an increased likelihood of include consideration of carbon dioxide and must contain a discussion that considers component or structure failure that other greenhouse gas emissions in its could increase the rate of plant environmental reviews for major licensing alternatives to mitigate severe accidents actions under the National Environmental if the NRC has not previously accidents. The GEIS notes that the NRC Policy Act. The Staff’s analysis for reactor considered this issue in an requires an applicant for license applications should encompass emissions environmental impact statement or renewal to address the issue of age- from the uranium fuel cycle as well as from environmental assessment for the related degradation by identifying, in an construction and operation of the facility to facility. integrated plant assessment process, be licensed. The Staff should ensure that Spent Fuel Pool Accidents. The 1996 those passive, long-lived structures and these issues are addressed consistently in GEIS included a quantitative analysis of components that are susceptible to age- agency NEPA evaluations and, as a severe accident involving a reactor related degradation and whose appropriate, update Staff guidance documents to address greenhouse gas operating at full power. A qualitative functions are necessary to ensure that emissions.9 evaluation of SFP accidents is presented the facility’s current licensing basis is in Appendix E of the revised GEIS. maintained. The GEIS found that the Presently, insufficient data exists to Based on this evaluation, the revised safety evaluation performed by the NRC support an impact level on a generic GEIS concludes that the environmental as part of the license renewal process basis. The NRC only has direct emission impacts from accidents involving SFPs provides reasonable assurance that age- data for a handful of facilities. Although are comparable to those from the reactor related degradation is managed and some states have varying reporting accidents at full power that were adequate protection of the health and requirements, GHG emissions reporting evaluated in the 1996 GEIS and as such, safety of the public is maintained during nationwide is in its infancy. The EPA SFP accidents do not warrant separate the license renewal period. Therefore, promulgated its GHG emissions evaluation. Based on the continued the 1996 GEIS concluded, ‘‘. . . the reporting rule on October 30, 2009 (74 validity of conclusions from the 1996 probability of any radioactive releases FR 56260). In accordance with this rule, GEIS, as affirmed by the Commission from accidents will not increase over the first industry reporting date was (see following paragraph), the revised the license renewal period.’’ Based on March 31, 2011.10 Moreover, the 25,000 GEIS does not contain a quantitative nuclear power plants’ continued annual metric ton reporting threshold evaluation of SFP accidents. compliance with 10 CFR part 54 to EPA established in the final rule of The issue of an accident involving the manage age-related degradation, the October 30, 2009, is not an indication of spent fuel pool was specifically revised GEIS did not alter or revise this what EPA considers to be a significant addressed by the NRC in its denial of conclusion from the 1996 GEIS. (or insignificant) level of GHG emissions two petitions for rulemaking (PRM): Greenhouse gas emissions and on a scientific basis, but a threshold PRM–51–10 and PRM–51–12, submitted climate change. Several commenters chosen by EPA for policy evaluation by the Attorney General of the discussed the need to include a purposes.11 Commonwealth of Massachusetts in discussion of the effects of climate In order to comply with the 2006 and the Attorney General of change on plant operations and the Commission’s direction in CLI–09–21 California in 2007, respectively.8 The effect of continued operations during and in response to the comments petitioners requested that the NRC the license renewal period on received, a new section, ‘‘Greenhouse initiate a rulemaking concerning the environmental resources affected by Gas Emissions and Climate Change’’ environmental impacts of the high climate change. (Chapter 4, Section 4.12.3), density storage of spent nuclear fuel in NRC Response. The NRC summarizing the potential cumulative SFPs. The petitioners asserted that ‘‘new acknowledges these concerns. The NRC and significant information’’ shows that has begun to evaluate the effects of 9 In the matter of Duke Energy Carolinas, LLC greenhouse gas (GHG) emissions and its (Combined License Application for William States the NRC incorrectly characterized the Lee III Nuclear Station, Units 1 and 2); In the matter environmental impacts of high-density implications for global climate change of Tennessee Valley Authority (Bellefonte Nuclear spent fuel storage as ‘‘insignificant’’ in in its environmental reviews for both Power Plant, Units 3 and 4), CLI–09–21 (NRC the 1996 GEIS for the renewal of nuclear new reactor and license renewal November 3, 2009). power plant licenses. Specifically, the applications. Changes in climate have 10 74 FR at 56267: October 30, 2009, codified at the potential to affect air and water 40 CFR 98.3(b) (‘‘The annual GHG report must be petitioners asserted that spent fuel submitted no later than March 31 of each calendar stored in high-density SFPs is more resources, ecological resources, and year for GHG emissions in the previous calendar vulnerable to a zirconium fire than the human health, and should be taken into year’’). NRC concluded in its NEPA analysis. account when evaluating cumulative 11 The EPA concluded for policy evaluation impacts over the license renewal term. purposes, that the 25,000 metric ton threshold more The NRC denied the two petitions, and effectively targets large industrial emitters and Subsequent to the publication of the suppliers, covers approximately 85 percent of the 8 These PRMs were denied in the same Federal proposed rule and during the public U.S. emissions, and minimizes the burden on Register notice (73 FR 46204; August 8, 2008). comment period, the Commission smaller facilities (74 FR 56264; October 30, 2009).

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impacts of GHG emissions and global radiological emergency’’ (10 CFR 50.47). issues related to security are discovered climate change, has been added to the The Commission’s regulatory scheme at a nuclear power plant, they are final revised GEIS. The NRC will also provides continuing assurance that addressed immediately, and any include within each SEIS a plant- emergency planning for every operating necessary changes are reviewed and specific analysis of any impacts caused nuclear power plant is adequate. The incorporated under the current by GHG emissions over the course of the Commission has determined that there operating license. For example, after the license renewal term as well as any is no need for a special review of terrorist attacks of September 11, 2001, impacts caused by potential climate emergency planning issues in the the NRC issued security-related orders change upon the affected resources context of an environmental review for and guidance to nuclear power plant during the license renewal term. The license renewal because the ongoing licensees. These orders and guidance final rule was not revised to include any decisions and findings concerning included interim measures for reference to GHG emissions or climate emergency preparedness at nuclear emergency planning. Nuclear industry change. power plants address concerns as they groups and Federal, State, and local Recent advances in alternative energy arise. government agencies assisted in the technologies. Several commenters The Commission considered the need prompt implementation of these asserted that much of the information for a review of emergency planning measures and participated in drills and describing alternative energy issues in the context of license renewal exercises to test these new planning technologies did not reflect the state-of- during its rulemaking proceedings on 10 elements. The NRC reviewed licensees’ the-science. In some cases, commenters CFR part 54, which included public commitments to address these noted facts and events that occurred notice and comment. As discussed in requirements and verified their after the publication date of the draft the Statement of Considerations for the implementation through inspections to revised GEIS. 10 CFR part 54 rulemaking (56 FR ensure public health and safety. NRC Response. The NRC has updated 64966; December 13, 1991), the In summary, the issue of security is the final revised GEIS to incorporate the programs for emergency preparedness at not unique to nuclear power plants latest information on replacement nuclear power facilities apply to all requesting license renewal. The NRC power alternatives, but it is inevitable nuclear power facility licensees and routinely assesses threats and other that rapidly evolving technologies will require the specified levels of protection information provided by other Federal outpace the information presented in from each licensee regardless of plant agencies and sources. The NRC also the final revised GEIS. Incorporation of design, construction, or license date. ensures that licensees meet their this information is more appropriately The NRC requirements related to security requirements through its made in the context of plant-specific emergency planning are in the ongoing regulatory process (routine license renewal reviews, rather than in regulations at 10 CFR 50.47 and inspections) as a current and generic the evaluations contained in the revised Appendix E to 10 CFR part 50, regulatory issue that affects all nuclear GEIS. As with renewable energy ‘‘Emergency Planning and Preparedness power plants. Therefore, as discussed in technologies, energy policies are for Production and Utilization the Statement of Considerations for the evolving rapidly. While the NRC Facilities.’’ These requirements apply to 10 CFR part 54 rulemaking (56 FR acknowledges that legislation, all holders of operating licenses and 64966), the Commission determined technological advancements, and public will continue to apply to facilities with that there is no need for an evaluation policy can underlie a fundamental renewed licenses. Through its standards of security issues in the context of a paradigm shift in energy portfolios, the and required exercises, the Commission license renewal review. NRC cannot make decisions based on reviews existing emergency anticipated or speculative changes. preparedness plans throughout the life V. Related Issues of Importance Instead, the NRC considers the status of of any facility, keeping up with This section addresses five issues of replacement power alternatives and changing demographics and other site- related importance to the final rule: (1) energy policies when conducting plant- related factors. Consideration of the recent events at the specific reviews. The final revised GEIS Further, the NRC actively reviews its Fukushima Dai-ichi Nuclear Power has been updated to clarify the NRC’s regulatory framework to ensure that the Plant, (2) removal of those parts of the approach to conducting replacement regulations are current and effective. final rule that refer to and rely upon the power alternative evaluations. The agency began a major review of its NRC’s Waste Confidence Decision and Emergency preparedness and emergency preparedness framework in Rule, (3) a description of the final rule’s security. Several commenters expressed 2005, including a comprehensive review effective and compliance dates, (4) concern with emergency preparedness, of the emergency preparedness clarification of the term ‘‘best evacuation, and safety and security at regulations and guidance, the issuance management practices,’’ and (5) deletion nuclear power plants. Commenters of generic communications regarding of the proposed definition of the term stated that these topics were not the integration of emergency ‘‘historic properties.’’ addressed in the proposed rule and not preparedness and security, and outreach adequately covered in the revised GEIS efforts to interested persons to discuss A. Fukushima Events and should be included in the scope of emergency preparedness issues. These On March 11, 2011, a massive the plant-specific SEISs. activities informed a rulemaking effort earthquake off the east coast of Honshu, NRC Response. Emergency to enhance the NRC’s emergency Japan produced a devastating tsunami preparedness and planning are part of preparedness regulations and guidance. that struck the coastal town of the current licensing basis for each This effort culminated in a final rule, Fukushima. The six-unit Fukushima holder of a 10 CFR part 50 operating which was published in the Federal Dai-ichi Nuclear Power Plant was license and are outside the regulatory Register on November 23, 2011 (76 FR directly impacted by these events. The scope of license renewal. Before a plant 72560). resulting damage caused the failure of is licensed to operate, the NRC must Security issues are not tied to a several of the units’ safety systems have ‘‘reasonable assurance that license renewal action but are treated on needed to maintain cooling water flow adequate protective measures can and an ongoing basis as a part of the current to the reactors. As a result of the loss of will be taken in the event of a (and renewed) operating license. If cooling, the fuel overheated, and there

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was a partial meltdown of the fuel impact of the proposed project from B. Removal of References to the Waste contained in several of the reactors. what was previously envisioned.’’ 15 Confidence Decision and Rule Damage to the systems and structures In the context of the revised GEIS and The Waste Confidence Decision and containing reactor fuel resulted in the this rulemaking, the Fukushima events Rule represented the Commission’s release of radioactive material to the are considered a severe accident (i.e., a generic determination that spent nuclear surrounding environment. type of accident that may challenge a fuel can continue to be stored safely and In response to the earthquake, plant’s safety systems at a level much without significant environmental tsunami, and resulting reactor accidents higher than expected) and more impacts for a period of time after the at the Fukushima Dai-ichi Nuclear specifically, a severe accident initiated end of the licensed life for operation of Power Plant (hereafter referred to as the by an event external to the plant. The a nuclear power plant.16 This generic ‘‘Fukushima events’’), the Commission 1996 GEIS concluded that risks from determination meant that the NRC did severe accidents initiated by external directed the NRC staff to convene an not need to consider the storage of spent events (such as an earthquake) could agency task force of senior leaders and nuclear fuel after the end of a reactor’s have potentially high consequences but experts to conduct a methodical and licensed life for operation in the NEPA found that external events are systematic review of the relevant NRC documents that support its reactor and adequately addressed through a regulatory requirements, programs, and spent-fuel storage license application consideration of a severe accident processes, including their reviews. initiated by an internal event (such as a On December 23, 2010, the implementation, and to recommend loss of cooling water). Therefore, an Commission published a revision of the whether the agency should make near- applicant for license renewal need only Waste Confidence Decision and Rule to term improvements to its regulatory analyze the environmental impacts from reflect information gained from system. As part of the short-term review, an internal event in order to adequately experience in the storage of spent the task force concluded that, while characterize the environmental impacts nuclear fuel and the increased improvements are expected to be made from either type of event. The revised uncertainty in the siting and as a result of the lessons learned from GEIS examined more recent and up-to- construction of a permanent geologic the Fukushima events, the continued date information regarding external repository for the disposal of spent operation of nuclear power plants and events and concluded that the analysis nuclear fuel and high-level waste.17 In licensing activities for new plants do in the 1996 GEIS remains valid. The response to the 2010 Waste Confidence not pose an imminent risk to public Fukushima events are not considered in Decision and Rule, the states of New health and safety.12 the revised GEIS because the analysis in York, New Jersey, Connecticut, and During the time that the task force the revised GEIS was completed prior to Vermont, along with several other was conducting its review, groups of the Fukushima events. parties, challenged the Commission’s individuals and non-governmental The NRC’s evaluation of the NEPA analysis in the decision, which organizations petitioned the consequences of the Fukushima events provided the regulatory basis for the Commission to suspend all licensing is ongoing. As such, the NRC will rule. On June 8, 2012, the United States decisions in order to conduct a separate, continue to evaluate the need to make Court of Appeals, District of Columbia generic NEPA analysis to determine improvements to existing regulatory Circuit, in New York v. NRC, 681 F.3d whether the Fukushima events requirements based on the task force 471 (D.C. Cir. 2012), vacated the NRC’s constituted ‘‘new and significant report and additional studies and Waste Confidence Decision and Rule, information’’ under NEPA that must be analyses of the Fukushima events as after finding that it did not comply with NEPA. analyzed as part of environmental more information is learned. To the The court concluded that the Waste reviews. The Commission found the extent that any revisions are made to the NRC’s regulatory requirements, they Confidence Decision and Rule is a major request premature and noted, ‘‘[i]n federal action necessitating either an EIS short, we do not know today the full would be made applicable to nuclear power reactors regardless of whether or or an environmental assessment that implications of the [Fukushima] events results in a ‘‘finding of no significant for U.S. facilities.’’ 13 However, the not they have a renewed license. Therefore, no additional analyses have impact.’’ In vacating the 2010 decision Commission found that if ‘‘new and and rule, the court identified three significant information comes to light been performed in the revised GEIS as a result of the Fukushima events. In the specific deficiencies in the analysis: that requires consideration as part of the 1. As to the Commission’s conclusion event that the NRC identifies ongoing preparation of application- that permanent disposal will be information from the Fukushima events specific NEPA documents, the agency available ‘‘when necessary,’’ the court that constitutes new and significant will assess the significance of that held that the Commission did not information with respect to the information, as appropriate.’’ 14 The evaluate the environmental effects of environmental impacts of license Federal courts of appeal and the failing to secure permanent disposal; renewal, the NRC will discuss that Commission have interpreted NEPA 2. As to the storage of spent fuel on- information in its site-specific SEISs to such that an EIS must be updated to site at nuclear plants after the expiration include new information only when that the GEIS, as it does with all such new and significant information. new information provides ‘‘a seriously 16 The NRC first adopted the Waste Confidence different picture of the environmental Decision and Rule in 1984. The NRC amended the 15 Id. at 31 (quoting Hydro Resources, Inc. (2929 decision and rule in 1990, reviewed them in 1999, Coors Road, Suite 101, Albuquerque, NM 87120), and amended them again in 2010. 49 FR 34694 12 Recommendations for Enhancing Reactor CLI–99–22, 50 NRC 3, 14 (1999) (citing Marsh v. (August 31, 1984); 55 FR 38474 (September 18, Safety in the 21st Century, The Near-Term Task Oregon Natural Resources Council, 490 U.S. 360, 1990); 64 FR 68005 (December 6, 1999); and 75 FR Force Review of Insights from the Fukushima Dai- 373 (1989))). The Commission also noted that it can 81032 and 81037 (December 23, 2010). The NRC ichi Accident’’ (July 12, 2011) (ADAMS Accession modify a facility’s operating license outside of a made a minor amendment to the rule in 2007 to No. ML111861807). renewal proceeding and made clear that ‘‘it will use clarify that it applies to combined licenses. 72 FR 13 Union Electric Co. d/b/a Ameren Missouri the information from these activities to impose any 49509 (August 28, 2007). The Waste Confidence (Callaway Plant, Unit 2), CLI–11–05, _ NRC _, _ requirement it deems necessary, irrespective of Decision and Rule are codified in the NRC (slip op. at 30) (Sept. 9, 2011). whether a plant is applying for or has been granted regulation 10 CFR 51.23. 14 Id. at 30–31. a renewed operating license.’’ Id. at 26–27. 17 75 FR 81032 and 81037.

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of a plant’s operating license, the court the Category 1 classification for both of with disposal of spent nuclear fuel and concluded that the Commission failed to these issues. As part of the NRC’s high-level waste in a repository, it did properly examine the risk of spent fuel response to the New York v. NRC reflect the Commission’s confidence, at pool leaks in a forward-looking fashion; decision, this final rule revises these the time, in the technical feasibility of and two issues accordingly. Specifically, a repository and when that repository 3. Also related to the post-license this final rule revises the Category 1 could have been expected to become storage of spent fuel, the court ‘‘Onsite storage of spent nuclear fuel’’ available. Without the analysis in the concluded that the Commission failed to issue to narrow the period of onsite Waste Confidence Decision, the NRC properly examine the consequences of storage to the license renewal term. In cannot assess how long the spent fuel spent fuel pool fires. both the 1996 rule 18 and the 2009 will need to be stored onsite. Therefore, In response to the court’s ruling, the proposed rule, the NRC relied upon the the final rule reclassifies this issue from Commission issued CLI–12–16 on Waste Confidence Decision and Rule to a Category 1 issue with no assigned August 7, 2012 (ADAMS Accession No. make a generic finding that spent impact level to an uncategorized issue ML12220A212), in which the nuclear fuel could be stored safely with an impact level of uncertain. Commission determined that it would onsite with no more than a small Upon issuance of the generic EIS and not issue licenses that rely upon the environmental impact for the term of revised Waste Confidence Rule, the NRC Waste Confidence Decision and Rule the extended license (from approval of will make any necessary conforming until the issues identified in the court’s the license renewal application to the amendments to this rule. As referenced decision are appropriately addressed by expiration of the operating license) plus previously, the Commission will not the Commission. CLI–12–16 provided, a 30-year period following the approve any license renewal application however, that the decision not to issue permanent shutdown of the power for an operating nuclear power plant licenses only applied to final license reactor and expiration of the operating until the issues identified in the court’s issuance; all licensing reviews and license.19 decision are appropriately addressed by proceedings should continue to move The Waste Confidence Decision and the Commission. forward. In SRM–COMSECY–12–0016, Rule provided the basis for the 30-year ‘‘Approach for Addressing Policy Issues C. Effective and Compliance Dates for period following the permanent Final Rule Resulting from Court Decision to Vacate shutdown of the reactor and expiration Waste Confidence Decision and Rule,’’ of the operating license. The 2010 Waste The amendments made by the final dated September 6, 2012 (ADAMS Confidence Decision and Rule extended rule shall be effective 30 days after the Accession No. 12250A032), the this post-reactor shutdown onsite final rule’s publication in the Federal Register. License renewal applicants are Commission directed the NRC staff to storage period from 30 years to 60 years. not required to comply with the proceed with a rulemaking that includes Given the New York v. NRC decision, amended rule until 1 year after the final the development of a generic EIS to and pending the issuance of a generic rule’s publication in the Federal support a revised Waste Confidence EIS and revised Waste Confidence Register. The Commission has decided Decision and Rule and to publish both Decision and Rule (as directed by SRM– on a 1-year compliance date given the the EIS and the revised decision and COMSECY–12–0016), the final rule long lead time required for preparation rule in the Federal Register within 24 excludes from this issue the period of of license renewal applicant months. The Commission indicated that onsite storage of spent nuclear fuel environmental reports. both the EIS and the revised Waste following the permanent shutdown of Confidence Decision and Rule should the power reactor and expiration of the D. Best Management Practices build on the information already operating license. As revised by this documented in various NRC studies and ‘‘Best management practices’’ is a final rule, this issue now covers the reports, including the existing term used to describe a type, method, or onsite storage of spent fuel for the term environmental assessment that the NRC treatment technique for preventing of the extended license only. pollution or reducing the quantities of developed as part of the 2010 Waste Similarly, this final rule revises the Confidence Decision and Rule. The pollutants released to the environment. Category 1 issue ‘‘Offsite radiological The term, as used herein, includes the Commission directed that any impacts of spent nuclear fuel and high additional analyses should focus on the physical components used to control or level waste disposal.’’ 20 In both the three deficiencies identified in the minimize pollution (e.g., filters, barriers, 1996 rule and the 2009 proposed rule, court’s decision. The Commission also mechanical devices, and retention this issue pertained to the long-term directed that the NRC staff provide ponds), as well as operational or disposal of spent nuclear fuel and high- ample opportunity for public comment procedural practices (e.g., minimizing level waste, including possible disposal on both the draft EIS and the proposed use of a pollutant, spill control, and in a deep geologic repository. Although Waste Confidence Decision and Rule. operator training). Best management In accordance with CLI–12–16, the the Waste Confidence Decision and Rule practices are used in a variety of NRC will not approve any site-specific did not assess the impacts associated industrial sectors. In the nuclear power license renewal applications until the reactor sector, as in other industrial 18 The issue was named ‘‘On-site spent fuel’’ in deficiencies identified in the court’s the 1996 rule. sectors, best management practices offer decision have been resolved. Two Table 19 Prior to the December 23, 2010, final rule, 10 flexibility to achieve a balance between B–1 license renewal issues that rely, CFR 51.23(a) read: ‘‘The Commission has made a protecting the environment and the wholly or in part, upon the Waste generic determination that, if necessary, spent fuel efficiency and economic limitations Confidence Decision and Rule are the generated in any reactor can be stored safely and associated with the operations of a given without significant environmental impacts for at ‘‘Onsite storage of spent nuclear fuel’’ least 30 years beyond the licensed life for operation plant. Both in the 1996 GEIS and in the and ‘‘Offsite radiological impacts of (which may include the term of a revised or revised GEIS, several issues have been spent nuclear fuel and high-level waste renewed license) of that reactor at its spent fuel determined to be a Category 1 issue with disposal.’’ Both of these issues were storage basin or at either onsite or offsite an impact level of small based upon the independent spent fuel storage installations.’’ classified as Category 1 in the 10 CFR 20 The issue was named ‘‘Offsite radiological assumption that the license renewal part 51 rule that was promulgated in impacts (spent fuel and high level waste disposal)’’ applicant employs and will continue to 1996; the 2009 proposed rule continued in the 1996 rule. employ best management practices

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during the license renewal term. The VI. Revisions to 10 CFR 51.53 Section 51.53(c)(3)(ii)(I). The final NRC’s regulatory experience has shown rule removes and reserves 10 CFR The final rule revises 10 CFR 51.53 to that licensees employ such best 51.53(c)(3)(ii)(I) because several conform to those changes made by the management practices. Category 2 socioeconomic issues are final rule to Table B–1. Because some The NRC’s jurisdiction is limited to reclassified as Category 1. The removed Category 2 issues have been reclassified regulatory language required the radiological health and safety and as Category 1 issues, license renewal common defense and security. applicant to assess the impacts of the applicants no longer need to assess proposed license renewal on housing Therefore, the NRC does not generally these issues and, therefore, the final rule availability, land use, and public impose a requirement that its licensees removes the requirements for applicants schools (impacts from refurbishment adopt those best management practices to provide information on these issues activities only) within the vicinity of the that concern non-radiological in their environmental reports. The final plant. Additionally, the removed pollutants. The NRC nuclear power rule also adds new requirements to 10 regulatory language required the plant licensees, however, are subject to CFR 51.53 for the new Category 2 issues applicant to assess the impact of a host of regulatory requirements that for which applicants are now required population increases attributable to the are monitored and enforced by other to provide information in their proposed project on the public water Federal agencies (e.g., the EPA) or State environmental reports. The following supply. Specifically, the final rule or local regulatory agencies. The NRC- describes each revision. reclassifies the following 1996 GEIS licensed nuclear power plants must Category 2 socioeconomic issues: obtain a variety of permits from these A. Reclassifying Category 2 Issues as Category 1 Issues Housing impacts; 22 Public services: other agencies before they can operate public utilities; 23 Public services, (e.g., under the CWA, a licensee must Section 51.53(c)(3)(ii)(F). The final education (refurbishment); 24 Offsite obtain a NPDES permit from the EPA or, rule removes and reserves 10 CFR land use (refurbishment); and Offsite if the EPA has delegated its CWA 51.53(c)(3)(ii)(F) because the final rule land use (license renewal term).25 authority to a particular State, from the reclassifies the Category 2 issue, ‘‘Air The final rule reclassifies these issues appropriate agency of that State). These quality during refurbishment as Category 1 because significant permits typically require that the (nonattainment and maintenance changes in housing availability, land licensee adopt and adhere to best areas),’’ to Category 1 and renames the use, and increased population demand management practices. issue, ‘‘Air quality impacts (all plants).’’ attributable to the proposed Therefore, an assumption underlying The removed regulatory language refurbishment project on the public the revised GEIS is that NRC licensees required the applicant to assess water supply have not occurred at will use best management practices to anticipated vehicle exhaust emissions at relicensed nuclear power plants. comply with other Federal, State, and the time of refurbishment for plants Therefore, impacts to these resources local government requirements to located in or near a nonattainment or are no longer anticipated for future prevent or reduce the quantities of non- maintenance area, as those terms are license renewals. In addition, radiological pollutants released to the defined under the Clean Air Act. refurbishment activities (such as steam environment. This description of best The final rule reclassifies this issue as generator and vessel head replacement) management practices is not a Category 1 based upon public comments have not required the large numbers of regulatory or policy change by the NRC received on the proposed rule 21 and a workers and the months of time that because the use of best management subsequent re-evaluation of the data in were conservatively analyzed in the practices by nuclear power plant the draft revised GEIS, which showed 1996 GEIS. As such, significant impacts licensees was also an underlying that air quality impacts from on housing availability, land use, public assumption of the 1996 GEIS. Rather, refurbishment have not resulted in schools, and the public water supply are the NRC seeks to make transparent its exceedances in the de minimis no longer anticipated from continued basis for determining that certain issues thresholds for criteria pollutants in operations during the license renewal are Category 1 issues with a small level nonattainment and maintenance areas term and refurbishment associated with of impact. due to construction vehicle, equipment, license renewal. and fugitive dust emissions. Significant Section 51.53(c)(3)(ii)(J). The final E. Definition of ‘‘Historic Properties’’ air quality impacts are no longer rule removes and reserves 10 CFR 51.53(c)(3)(ii)(J) because the Category 2 The proposed rule would have anticipated from future license renewals. Therefore, applicants no issue, ‘‘Public services, transportation,’’ amended 10 CFR part 51 by adding a is reclassified as Category 1 (the final definition of the term ‘‘historic longer need to assess the impacts on air quality of continued operations and rule also renames the issue, properties’’ to 10 CFR 51.14(a). Upon ‘‘Transportation’’). The removed further consideration, the NRC refurbishment associated with license renewal in their environmental reports. determined that adding the definition 22 The final rule renames this issue as was unnecessary. The NRC’s license Section IV, ‘‘Response to Public ‘‘Population and housing’’ (see Issue (55) under renewal determination to renew or not Comments,’’ of this document provides Section VIII, ‘‘Final Actions and Basis for Changes a summary of the comments received on to Table B–1,’’ of this document). renew a nuclear power plant operating 23 this issue, and Section VIII, ‘‘Final The final rule merges this issue into the license is considered an undertaking as consolidated issue, ‘‘Community services and defined by Section 106 of the National Actions and Basis for Changes to Table education’’ (see Issue (54) under Section VIII of this Historic Preservation Act (NHPA) and B–1,’’ of this document discusses this document). 24 its implementing regulations in 36 CFR issue in more detail under Issue 5, ‘‘Air The final rule merges this issue into the quality impacts (all plants).’’ consolidated issue, ‘‘Community services and part 800. The regulations define the education’’ (see Issue (54) under Section VIII of this term ‘‘historic property’’ in 36 CFR document). 800.16(l)(1). The NRC uses the term 21 The proposed rule renamed the ‘‘Air quality 25 The final rule merges ‘‘Offsite land use ‘‘historic property’’ or ‘‘historic during refurbishment (nonattainment and (refurbishment)’’ and ‘‘Offsite land use (license maintenance areas)’’ issue as ‘‘Air quality renewal term) into the consolidated issue, ‘‘Offsite properties’’ in the same context as set (nonattainment and maintenance areas)’’ and land use’’ (see Issue (2) under Section VIII of this forth in 36 CFR 800.16(l)(1). retained the Category 2 classification. document).

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regulatory language required the Category 1 or 2 issue in the 1996 GEIS The final rule change requires license applicant to assess the impact of because guidance for implementing renewal applicants to provide highway traffic generated by the Executive Order (E.O.) 12898, dated information about other past, present, proposed project on the level of service February 16, 1994 (59 FR 7629), which and reasonably foreseeable future of local highways during periods of initiated the Federal government’s actions occurring in the vicinity of the license renewal refurbishment activities environmental justice program, was not nuclear power plant that may result in and during the term of the renewed available before the completion of the a cumulative impact. An example of the license. Therefore, applicants no longer 1996 GEIS. type of information to be provided need to assess the impacts on local In August 2004, the Commission includes data on the construction and traffic volumes of continued operations issued a policy statement on operation of other power plants and and refurbishment associated with implementation of E.O. 12898: ‘‘NRC’s other industrial commercial facilities in license renewal in their environmental Policy Statement on the Treatment of the vicinity of the nuclear power plant. reports. Environmental Justice Matters in NRC Section VIII, ‘‘Final Actions and Basis The issue was reclassified to Category Regulatory and Licensing Actions’’ (69 for Changes to Table B–1,’’ of this 1 because refurbishment activities (such FR 52040). As stated therein, ‘‘the NRC document discusses this issue in more as steam generator and vessel head is committed to the general goals of E.O. detail under Issue 73, ‘‘Cumulative replacement) have not required the large 12898, [and] it will strive to meet those impacts.’’ numbers of workers and the months of goals through its normal and traditional Section 51.53(c)(3)(ii)(P). The final time that was conservatively analyzed NEPA review process.’’ By making this rule adds a new paragraph 10 CFR in the 1996 GEIS. As such, significant a Category 2 issue, the final rule 51.53(c)(3)(ii)(P) 31 to address transportation impacts are not requires license renewal applicants to ‘‘Radionuclides released to anticipated from future refurbishment identify, in their environmental reports, groundwater’’ as a Category 2 issue. activities. Section VIII, ‘‘Final Actions minority and low-income populations This new Category 2 issue has been and Basis for Changes to Table B–1,’’ of and communities residing in the added to Table B–1 to evaluate the this document discusses this issue in vicinity of the nuclear power plant. The potential combined impact of more detail under Issue 56, NRC will then assess the information inadvertent discharges of radioactive ‘‘Transportation.’’ provided by the applicant in the NRC’s liquids from all plant systems into Section 51.53(c)(3)(ii)(O). The plant-specific environmental review. groundwater. The issue is relevant to proposed rule added a new paragraph Section 51.53(c)(3)(ii)(O). The final license renewal because all commercial 10 CFR 51.53(c)(3)(ii)(O) to address rule adds a new paragraph 10 CFR nuclear power plants have spent fuel ‘‘Groundwater and soil contamination’’ 51.53(c)(3)(ii)(O) 29 to address pools, liquid storage tanks, and piping as a Category 2 issue. However, based ‘‘Cumulative impacts’’ as a Category 2 that contain and transport radioactive upon public comments received on the issue. This new Category 2 issue was liquids. Over time, these systems and proposed rule 26 and further evaluation added to Table B–1 to evaluate the piping have a potential to degrade and by the NRC, it was determined that this potential cumulative impacts of release radioactive liquids that could issue is properly classified as Category continued operations during the license migrate into the groundwater. The NRC 1. Therefore, the proposed paragraph renewal term and refurbishment has investigated several cases where was not adopted by the final rule.27 associated with license renewal at radioactive liquids have been B. Adding New Category 2 Issues nuclear power plants. The NRC did not inadvertently released into the address cumulative impacts in the 1996 groundwater in an uncontrolled Section 51.53(c)(3)(ii)(N). The final GEIS but has been evaluating these manner. In accordance with NRC rule adds a new paragraph 10 CFR impacts in plant-specific supplements requirements, residual activity from 28 51.53(c)(3)(ii)(N) to address ‘‘Minority to the GEIS. The Council on these inadvertent releases is subject to and low-income populations’’ as a Environmental Quality (CEQ) in 40 CFR characterization and evaluation of the Category 2 issue. This new Category 2 1508.7 defines cumulative impacts as potential hazard. For this new Category issue is listed under the resource area ‘‘the impact on the environment which 2 issue, the license renewal applicant is ‘‘Environmental Justice’’ in the revised results from the incremental impact of required to provide information on Table B–1. It addresses the effects of the action when added to other past, radioactive liquids released to nuclear power plant operations and present, and reasonably foreseeable groundwater. refurbishment associated with license future actions regardless of what agency In the final rule, the NRC modified renewal on minority populations and (Federal or non-Federal) or person the language of the proposed rule to low-income populations living in the undertakes such other actions.’’ 30 The specify that only ‘‘documented’’ releases vicinity of the plant. This issue was NRC considers potential cumulative need to be included in the applicant’s listed in the original Table B–1 but was impacts on the environment resulting environmental report. The NRC not evaluated in the 1996 GEIS. The from the incremental impact of license provides specific guidance on what finding in the original Table B–1 stated renewal when added to other past, constitutes a documented release in that ‘‘[t]he need for and the content of present, and reasonably foreseeable Regulatory Guide 4.2, Supplement 1, an analysis of environmental justice will future actions. Revision 1, ‘‘Preparation of be addressed in plant specific reviews.’’ Environmental Reports for Nuclear This issue was not classified as either a 29 The proposed rule added this paragraph as 10 CFR 51.53(c)(3)(ii)(P). The final rule redesignates it 31 The proposed rule added this paragraph as 10 26 Section IV, ‘‘Response to Public Comments,’’ of as 10 CFR 51.53(c)(3)(ii)(O) because paragraph 10 CFR 51.53(c)(3)(ii)(Q). The final rule redesignates it this document provides a summary of the CFR 51.53(c)(3)(ii)(O) of the proposed rule, which as paragraph 10 CFR 51.53(c)(3)(ii)(P) because the comments received on this issue. concerned ‘‘Groundwater and soil contamination’’ paragraph added as 10 CFR 51.53(c)(3)(ii)(O) by the 27 The final rule merges this issue into the (see discussion in Section VI, ‘‘A. Reclassifying proposed rule, which concerned groundwater and consolidated issue, ‘‘Groundwater contamination Category 2 Issues as Category 1 Issues,’’ of this soil contamination caused by non-radionuclide, and use (non-cooling system impacts)’’ (see Issue document) was not adopted by the final rule. industrial contaminants, was not adopted by the (20) under Section VIII of this document). 30 The NRC’s regulations in 10 CFR part 51 final rule (see discussion in Section VI, ‘‘A. 28 The final rule adopts the proposed rule incorporate the CEQ definition of cumulative Reclassifying Category 2 Issues as Category 1 language. impacts (10 CFR 51.14(b)). Issues,’’ of this document).

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Power Plant License Renewal ‘‘Projected onsite land use changes time that was conservatively estimated Applications.’’ required during refurbishment and the in the 1996 GEIS. These reviews support Section IV, ‘‘Response to Public renewal period would be a small a finding that offsite land use impacts Comments,’’ of this document provides fraction of any nuclear power plant site during the license renewal term would a summary of the comments received on and would involve land that is be small for all nuclear power plants. this issue, and Section VIII, ‘‘Final controlled by the applicant,’’ with (3) Offsite Land Use in Transmission Actions and Basis for Changes to Table ‘‘Changes in onsite land use from Line Right-of-Ways (ROWs): The final B–1,’’ of this document discusses this continued operations and refurbishment rule amends Table B–1 by renaming the issue in more detail under Issue 27, associated with license renewal would ‘‘Power line right of way’’ issue as ‘‘Radionuclides released to be a small fraction of the nuclear power ‘‘Offsite land use in transmission line groundwater.’’ plant site and would involve only land right-of-ways (ROWs).’’ It remains a that is controlled by the licensee.’’ Category 1 issue with an impact level of VII. Response to Specific Request for (2) Offsite Land Use: The final rule small. The final rule amends the Table Voluntary Information amends Table B–1 by consolidating two B–1 finding column entry for this issue In Section VII of the Statement of Category 2 issues, ‘‘Offsite land use by replacing the statement, Considerations for the July 31, 2009 (74 (refurbishment),’’ with an impact level Ongoing use of power line right of ways FR 38129–38130), proposed rule, the range small to moderate, and ‘‘Offsite would continue with no change in NRC requested voluntary information land use (license renewal term),’’ with restrictions. The effects of these restrictions from industry about refurbishment an impact level range small to large, and are of small significance. activities and employment trends at reclassifying the consolidated issue as a with the following: nuclear power plants. Information on Category 1 issue, with an impact level refurbishment would have been used to of small, and naming the consolidated Use of transmission line ROWs from continued operations and refurbishment evaluate the significance of impacts issue, ‘‘Offsite land use.’’ The final rule associated with license renewal would from this type of activity. Information also creates a new Category 1 issue, continue with no change in land use on employment trends would have been ‘‘Tax revenues’’ (Issue 53), which restrictions. used to assess the significance of concerns the impact of license renewal socioeconomic effects of ongoing plant on state and local tax revenues, thereby The final rule further amends Table operations on local economies. removing tax revenues from the 1996 B–1 by appending a footnote to the issue The NRC received no response to GEIS ‘‘Offsite land use (license renewal column entry for ‘‘Offsite land use in these requests. The NRC interprets this term)’’ issue. The final rule amends transmission line right-of-ways lack of response on these issues to mean Table B–1 by removing the entries for (ROWs),’’ concerning the extent to that information on major refurbishment ‘‘Offsite land use (refurbishment)’’ and which transmission lines and their and replacement activities and ‘‘Offsite land use (license renewal associated ROWs have been analyzed in employment trends is either unavailable term),’’ and by adding an entry for the revised GEIS. The footnote states, or insufficient to assist the NRC in re- ‘‘Offsite land use.’’ The finding column This issue applies only to the in-scope evaluating the significance of entry of ‘‘Offsite land use’’ states portion of electric power transmission lines refurbishment-related environmental ‘‘[o]ffsite land use would not be affected which are defined as transmission lines that impacts and socioeconomic effects of by continued operations and connect the nuclear power plant to the ongoing plant operations on local refurbishment associated with license substation where electricity is fed into the economies. Although no information renewal.’’ regional power distribution system and The Table B–1 finding column entry transmission lines that supply power to the was received regarding refurbishment nuclear plant from the grid. activities and employment trends at for the ‘‘Offsite land use nuclear power plants, the NRC believes (refurbishment)’’ issue indicated that As stated in the revised GEIS, the that it has sufficient information based impacts may be of moderate significance final environmental statements on lessons learned and knowledge at plants in low population areas. (essentially, the equivalent of gained from completed license renewal Similarly, the finding column entry for environmental impact statements) environmental reviews to substantiate the ‘‘Offsite land use (license renewal prepared for the original construction of the conclusions made in the final rule term)’’ issue indicates that significant the various nuclear power plants (the and GEIS. changes (moderate to large) in land use construction permits) and for the initial may be associated with population and operating licenses evaluated the impacts VIII. Final Actions and Basis for tax revenue changes resulting from of those transmission lines built to Changes to Table B–1 license renewal. As described in the connect the nuclear power plant to the The final rule revises Table B–1 to 1996 GEIS, environmental impacts are regional electrical grid. Since the reflect the changes made in the revised considered to be small if refurbishment original construction of those lines, GEIS. The revised GEIS is being made activities were to occur at plants located regional expansion of the electrical available with the final rule and in high population areas and if distribution grid has resulted in provides a summary change table (in population and tax revenues would not incorporation of those lines originating Appendix B) comparing the 92 change. at the power plant substations. In most environmental issues in the 1996 GEIS As reflected in the revised GEIS, cases, the transmission lines originating with the 78 environmental issues in the significant impacts on offsite land use at the power plant substations are no revised GEIS. are not anticipated. Previous plant- longer owned or managed by the specific license renewal reviews nuclear power plant licensees. These Land Use conducted by the NRC have shown no lines would remain in place and be (1) Onsite Land Use: ‘‘Onsite land substantial increases in the number of energized regardless of whether the use’’ remains a Category 1 issue. The workers during the license renewal term subject nuclear power plant license was final rule amends Table B–1 by making and that refurbishment activities (such renewed or not. For this reason, those minor clarifying changes to the finding as steam generator and vessel head transmission lines that would not be column entry for this issue. Specifically, replacement) have not required the large impacted by a license renewal decision the final rule replaces the sentence numbers of workers and the months of (i.e., those lines that would not be

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dismantled or otherwise issue, with an impact level range small accordance with EPA’s revised General decommissioned as a result of a plant to large, to a Category 1 issue with an Conformity Regulations (75 FR 17254; terminating operations because its impact level of small.32 The final rule April 5, 2010). On the basis of these operating license had not been renewed) further amends Table B–1 by revising considerations, the NRC has concluded are considered beyond the scope of, and the finding column entry for this issue that the air quality impact of continued as such are not analyzed in, the revised to state, nuclear power plant operations and GEIS. Air quality impacts from continued refurbishment associated with license renewal would be small for all plants. Visual Resources operations and refurbishment associated with license renewal are expected to be small at (6) Air Quality Effects of Transmission (4) Aesthetic Impacts: The final rule all plants. Emissions resulting from Lines: The final rule amends Table B– amends Table B–1 by consolidating refurbishment activities at locations in or 1 by appending a footnote to the issue three Category 1 issues, ‘‘Aesthetic near air quality nonattainment or column entry for ‘‘Air quality effects of impacts (refurbishment),’’ ‘‘Aesthetic maintenance areas would be short-lived and transmission lines,’’ concerning the impacts (license renewal term),’’ and would cease after these refurbishment extent to which transmission lines and ‘‘Aesthetic impacts of transmission lines activities are completed. Operating experience has shown that the scale of their associated right of ways have been (license renewal term),’’ each with an refurbishment activities has not resulted in analyzed under the revised GEIS. This impact level of small, into one new exceedance of the de minimis thresholds for footnote is the same one that was added Category 1 issue, ‘‘Aesthetic impacts.’’ criteria pollutants, and best management to Issue 3, ‘‘Offsite land use in The new consolidated issue also has an practices including fugitive dust controls and transmission line right-of-ways impact level of small. The 1996 GEIS the imposition of permit conditions in State (ROWs).’’ See the description of the concluded that renewal of operating and local air emissions permits would ensure changes made by the final rule to Issue licenses and the refurbishment activities conformance with applicable State or Tribal 3 for further explanation of this would have no significant aesthetic Implementation Plans. Emissions from emergency diesel amendment. impact during the license renewal term. generators and fire pumps and routine Noise Impacts are considered to be small if the operations of boilers used for space heating visual appearance of plant and would not be a concern, even for plants (7) Noise Impacts: The final rule transmission line structures would not located in or adjacent to nonattainment areas. amends Table B–1 by renaming the change. Previous license renewal Impacts from cooling tower particulate issue ‘‘Noise’’ as ‘‘Noise impacts.’’ The reviews conducted by the NRC show emissions even under the worst-case issue remains a Category 1 issue with an that the appearance of nuclear power situations have been small. impact level of small. The final rule plants and transmission line structures Operating experience has shown that further amends Table B–1 by making do not change significantly over time or air quality impacts from these emission minor clarifying changes to the finding because of refurbishment activities. sources (including particulate emissions column entry for this issue. Specifically, Therefore, because aesthetic impacts are from cooling towers at operating plants) the final rule replaces the sentence not anticipated and the three issues are have been small at all nuclear power ‘‘Noise has not been found to be a similar, they have been consolidated to plants, including those plants located in problem at operating plants and is not facilitate the environmental review or adjacent to nonattainment areas. expected to be a problem at any plant process. The final rule amends Table B– In addition, air quality impacts during during the license renewal term,’’ with 1 by removing the entries for ‘‘Aesthetic refurbishment have also been small. ‘‘Noise levels would remain below impacts (refurbishment),’’ ‘‘Aesthetic These types of emissions could be a regulatory guidelines for offsite impacts (license renewal term),’’ and cause for concern if they occur at plants receptors during continued operations ‘‘Aesthetic impacts of transmission lines located in or near air quality and refurbishment associated with (license renewal term),’’ and adding an nonattainment or maintenance areas. license renewal.’’ However, these impacts have been entry for ‘‘Aesthetic impacts.’’ The Geologic Environment finding column entry for the new temporary and would cease once these combined entry states ‘‘[n]o important activities were completed. Operating (8) Geology and Soils: The final rule changes to the visual appearance of experience has also shown that amends Table B–1 by adding a new plant structures or transmission lines refurbishment activities have not Category 1 issue, ‘‘Geology and soils.’’ are expected from continued operations required the large numbers of workers This issue has an impact level of small. and refurbishment associated with and the months of time that was The finding column entry for this issue license renewal.’’ conservatively predicted and analyzed states, in the 1996 GEIS, nor have such Air Quality The effect of geologic and soil conditions activities resulted in exceedances in the on plant operations and the impact of (5) Air Quality Impacts (All Plants): de minimis thresholds for criteria continued operations and refurbishment The final rule amends Table B–1 by pollutants in nonattainment and activities on geology and soils would be renaming the ‘‘Air quality during maintenance areas. small for all nuclear power plants and would refurbishment (nonattainment and Implementation of best management not change appreciably during the license renewal term. maintenance areas)’’ issue as ‘‘Air practices, including fugitive dust quality impacts (all plants).’’ The final controls as required by the imposition of This issue was not evaluated in the rule reflects the revised GEIS’s conditions in State and local air 1996 GEIS, as described in the proposed expansion of the issue to include air emissions permits, would ensure rule.33 This new Category 1 issue emission impacts from emergency diesel conformance with applicable State or considers geology and soils from the generators, boilers, and particulate Tribal Implementation Plans, in perspective of those resource conditions emissions from cooling towers. Based or attributes that can be affected by on public comments received on the 32 Under the proposed rule, the issue had been proposed rule and the re-evaluation of proposed to be renamed ‘‘Air quality 33 The proposed rule named the issue ‘‘Impacts of (nonattainment and maintenance areas);’’ it would nuclear plants on geology and soils.’’ Under the information as described in the revised have remained a Category 2 issue with an impact proposed rule, the issue was also a Category 1 issue, GEIS, the final rule further amends level range of small to large (74 FR 38121, 38134; with an impact level of small (74 FR 38121, 38134; Table B–1 by revising this Category 2 July 31, 2009). July 31, 2009).

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continued operations during the Impacts are expected to be small if best Generally, lake stratification has not been renewal term. The final rule does not management practices are employed to found to be a problem at operating nuclear require the license renewal applicant to control soil erosion and spills. Surface water power plants and is not expected to be a assess this issue in its environmental use associated with continued operations and problem during the license renewal term. report unless the applicant is aware of refurbishment associated with license with the following: renewal would not increase significantly or new and significant information about would be reduced if refurbishment occurs Effects on thermal stratification would be geologic and soil conditions and during a plant outage. limited to the area in the vicinity of the associated impacts at or near the nuclear intake and discharge structures. These power plant site that could change the The NRC expects licensees to use best impacts have been small at operating nuclear conclusion in the GEIS. management practices during the power plants. An understanding of geologic and soil license renewal term for both The final rule amends the ‘‘Scouring conditions has been well established at continuing operations and caused by discharged cooling water’’ all nuclear power plants and associated refurbishment activities. Use of best finding column entry by replacing the transmission lines during the current management practices will minimize statement, licensing term, and these conditions are soil erosion. In addition, expected to remain unchanged during implementation of spill prevention and Scouring has not been found to be a control plans will reduce the likelihood problem at most operating nuclear power the 20-year license renewal term for plants and has caused only localized effects each plant. The impact of these of any liquid chemical spills. If at a few plants. It is not expected to be a conditions on plant operations and the refurbishment activities take place problem during the license renewal term. impact of continued power plant during a plant outage, with the reactor with the following: operations and refurbishment activities shutdown, the overall water use by the on geology and soils are small for all facility will be reduced. Based on this Scouring effects would be limited to the nuclear power plants and not expected conclusion, the impact on surface water area in the vicinity of the intake and to change appreciably during the license use and quality during the license discharge structures. These impacts have been small at operating nuclear power plants. renewal term. Operating experience renewal term will continue to be small shows that any impacts to geologic and for all plants. These changes reflect the findings of soil strata would be limited to soil (10) Altered Current Patterns at Intake environmental reviews conducted since disturbance from construction activities and Discharge Structures, (11) Altered the publication of the 1996 GEIS, which associated with routine infrastructure Salinity Gradients, (12) Altered Thermal show that the effects of these four issues renovation and maintenance projects Stratification of Lakes, and (13) are localized in the vicinity of the during continued plant operations. Scouring Caused by Discharged Cooling plant’s intake and discharge structures. Implementing best management Water: These four issues remain (14) Discharge of Metals in Cooling practices would reduce soil erosion and Category 1 issues, each with an impact System Effluent: The final rule amends subsequent impacts on surface water level of small. The final rule amends Table B–1 by renaming ‘‘Discharge of quality. Information in plant-specific Table B–1 by making minor clarifying other metals in waste water’’ as SEISs prepared to date and reference changes to the finding column entries ‘‘Discharge of metals in cooling system documents have not identified these for each of these issues. effluent.’’ It remains a Category 1 issue impacts as being significant. The final rule amends the ‘‘Altered with an impact level of small. The final rule also makes minor clarifying Surface Water Resources current patterns at intake and discharge structures’’ finding column entry by changes to the finding column entry for (9) Surface Water Use and Quality replacing the statement, this issue. Specifically, the final rule (Non-Cooling System Impacts): The amends the finding column entry by final rule amends Table B–1 by Altered current patterns have not been replacing the statement, consolidating two Category 1 issues, found to be a problem at operating nuclear power plants and are not expected to be a These discharges have not been found to be ‘‘Impacts of refurbishment on surface problem during the license renewal term. a problem at operating nuclear power plants water quality’’ and ‘‘Impacts of with cooling-tower-based heat dissipation refurbishment on surface water use,’’ with the following: systems and have been satisfactorily both with an impact level of small, and Altered current patterns would be limited mitigated at other plants. They are not names the consolidated issue, ‘‘Surface to the area in the vicinity of the intake and expected to be a problem during the license water use and quality (non-cooling discharge structures. These impacts have renewal term. system impacts).’’ These two issues been small at operating nuclear power plants. with the following: were consolidated because the impacts The final rule amends the ‘‘Altered Discharges of metals have not been found of refurbishment on both surface water salinity gradients’’ finding column entry to be a problem at operating nuclear power use and quality are negligible and the by replacing the statement, plants with cooling-tower-based heat effects are closely related. The dissipation systems and have been Salinity gradients have not been found to satisfactorily mitigated at other plants. consolidated issue has also been be a problem at operating nuclear power Discharges are monitored and controlled as expanded to include the impacts of plants and are not expected to be a problem part of the National Pollutant Discharge continued operations. The consolidated during the license renewal term. issue is a Category 1 issue with an Elimination System (NPDES) permit process. impact level of small. with the following: (15) Discharge of Biocides, Sanitary The final rule amends Table B–1 by Effects on salinity gradients would be Wastes, and Minor Chemical Spills: The removing the entries for ‘‘Impacts of limited to the area in the vicinity of the final rule amends Table B–1 by refurbishment on surface water quality’’ intake and discharge structures. These consolidating two Category 1 issues, and ‘‘Impacts of refurbishment on impacts have been small at operating nuclear ‘‘Discharge of chlorine or other surface water use’’ and adding an entry power plants. biocides’’ and ‘‘Discharge of sanitary for ‘‘Surface water use and quality (non- The final rule amends the ‘‘Altered wastes and minor chemical spills,’’ both cooling system impacts).’’ The finding thermal stratification of lakes’’ finding with an impact level of small, and column entry for the new consolidated column entry by replacing the naming the consolidated issue issue states, statement, ‘‘Discharge of biocides, sanitary wastes,

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and minor chemical spills.’’ The river can experience low flow The final rule also amends Table B– consolidated issue is a Category 1 issue conditions and would be required to 1 by changing the proposed rule’s new with an impact level of small. conduct a plant-specific assessment of Category 2 issue ‘‘Groundwater and soil Specifically, the final rule amends Table water use conflicts. contamination,’’ with an impact range of B–1 by removing the entries for (18) Effects of Dredging on Surface small to moderate (see 74 FR 38122, ‘‘Discharge of chlorine or other Water Quality: The final rule amends 38135), to Category 1, with an impact biocides’’ and ‘‘Discharge of sanitary Table B–1 by adding a new Category 1 level of small. This issue was then wastes and minor chemical spills’’ and issue, ‘‘Effects of dredging on surface consolidated with the ‘‘Groundwater adding an entry for ‘‘Discharge of water quality,’’ which evaluates the use and quality’’ issue and renamed biocides, sanitary wastes, and minor impacts of dredging to maintain intake ‘‘Groundwater contamination and use chemical spills.’’ The finding column and discharge structures at nuclear (non-cooling system impacts).’’ These entry for the new consolidated issue power plant facilities. This issue has an issues were consolidated because they states, impact level of small. The finding consider the impact of industrial column entry for this issue states, The effects of these discharges are activities associated with the continued regulated by Federal and State environmental Dredging to remove accumulated operations of a nuclear power plant (not agencies. Discharges are monitored and sediments in the vicinity of intake and directly related to cooling system controlled as part of the NPDES permit discharge structures and to maintain barge effects) and refurbishment on process. These impacts have been small at shipping has not been found to be a problem groundwater use and quality. The final operating nuclear power plants. for surface water quality. Dredging is rule further amends Table B–1 by performed under permit from the U.S. Army (16) Surface Water Use Conflicts Corps of Engineers, and possibly, from other replacing the finding column entry, (Plants with Once-Through Cooling State or local agencies. which states, Systems): ‘‘Water use conflicts (plants The impact of dredging on surface Extensive dewatering during the original with once-through cooling systems)’’ water quality was not considered in the construction on some sites will not be remains a Category 1 issue with an 1996 GEIS and was not listed in Table repeated during refurbishment on any sites. impact level of small. The final rule Any plant wastes produced during B–1 prior to this final rule. Most plants amends Table B–1 by adding the word refurbishment will be handled in the same have intake and discharge structures ‘‘Surface’’ to the title of this issue. manner as in current operating practices and that must be maintained by periodic (17) Surface Water Use Conflicts are not expected to be a problem during the dredging of sediment accumulated in or (Plants with Cooling Ponds or Cooling license renewal term. on the structures. The NRC has found Towers Using Makeup Water from a with the following: that dredging, while temporarily River): The final rule amends Table B– increasing turbidity in the source water Extensive dewatering is not anticipated 1 by adding the term ‘‘surface’’ and body, generally has little long-term from continued operations and refurbishment removing the terms ‘‘small’’ and ‘‘low effect on water quality. In addition to associated with license renewal. Industrial flow’’ from the title and the associated practices involving the use of solvents, maintaining intake and discharge numerical definition contained in 10 hydrocarbons, heavy metals, or other structures, dredging is often done to CFR 51.53(c)(3)(ii)(A) for low flow rivers chemicals, and/or the use of wastewater keep barge slips and channels open to from this and other related river flow ponds or lagoons have the potential to service the plant. Dredged material is issues. This issue remains a Category 2 contaminate site groundwater, soil, and most often disposed on property owned subsoil. Contamination is subject to State or issue with an impact range of small to by the applicant and usually contains Environmental Protection Agency regulated moderate. The final rule also amends no hazardous materials. Dredging must cleanup and monitoring programs. The the finding column entry by replacing be performed under a permit issued by application of best management practices for the statement, the U.S. Army Corps of Engineers (the handling any materials produced or used during these activities would reduce impacts. The issue has been a concern at nuclear Corps) and consequently, each dredging power plants with cooling ponds and at action would be subject to a site-specific The consolidated Category 1 issue plants with cooling towers. Impacts on environmental review conducted by the considers the impacts from groundwater instream and riparian communities near Corps. Temporary impacts of dredging use and the impacts on groundwater, these plants could be of moderate soil, and subsoil from the industrial use significance in some situations. See are measurable in general water quality § 51.53(c)(3)(ii)(A). terms, but the impacts have been shown of solvents, hydrocarbons, heavy metals, or other chemicals at nuclear power with the following: to be small. (19) Temperature Effects on Sediment plant sites from continued operation Impacts could be of small or moderate Transport Capacity: There are no during the license renewal term and significance, depending on makeup water changes to this issue, and it remains a refurbishment. The consolidated issue requirements, water availability, and Category 1 issue with an impact level of also includes the use of wastewater competing water demands. small. disposal ponds or lagoons and non- The 1996 GEIS distinguished between radionuclide, industrial contaminants surface water use impacts during low Groundwater Resources released inadvertently or as effluents flow conditions on ‘‘small’’ versus (20) Groundwater Contamination and into the environment. Industrial ‘‘large’’ rivers. Any river, regardless of Use (Non-Cooling System Impacts): The practices at all nuclear power plants size, can experience low flow final rule amends Table B–1 by have the potential to contaminate conditions of varying severity during expanding the scope of ‘‘Impacts of groundwater and soil, especially on periods of drought and changing refurbishment on groundwater use and sites with unlined wastewater and storm conditions in the affected watersheds quality’’ issue to include the effects of water ponds or lagoons. Any such as upstream diversions and use of continued nuclear power plant contamination of this type is subject to river water. Similarly, the NRC has operations during the license renewal characterization and clean-up under determined that the use of the term term. This Category 1 issue, with an EPA or State regulated remediation and ‘‘low flow’’ in categorizing river flow is impact level of small, was renamed monitoring programs. of little value considering that plants ‘‘Groundwater use and quality’’ in the Non-radionuclide contaminants have that withdraw makeup water from a proposed rule. been found in groundwater and soil

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samples at some nuclear power plants that withdraw less than 100 gpm are not The 1996 GEIS distinguished between during previous license renewal expected to cause any groundwater use surface water use impacts during low environmental reviews. Release of these conflicts.’’ flow conditions on ‘‘small’’ versus contaminants into groundwater and soil (22) Groundwater Use Conflicts ‘‘large’’ rivers. Any river, regardless of degrades the quality of these resources, (Plants that Withdraw More Than 100 size, can experience low flow even if applicable groundwater quality Gallons per Minute [gpm]): The final conditions of varying severity during standards are not exceeded. However, rule amends Table B–1 by consolidating periods of drought and changing each site has its own program for two Category 2 issues, ‘‘Groundwater conditions in the affected watersheds handling chemicals, waste, and other use conflicts (potable and service water, such as upstream diversions and use of hazardous materials in accordance with and dewatering; plants that use >100 river water. The NRC has thus Federal and State regulations and is gpm)’’ and ‘‘Ground-water use conflicts determined that the use of the term expected to employ best management (Ranney wells),’’ each with an impact ‘‘small river’’ or ‘‘small water bodies’’ is practices. The use of wastewater level range of small to large, and names of little value considering that plants disposal ponds or lagoons, whether the consolidated issue, ‘‘Groundwater that withdraw makeup water from a lined or unlined, may increase the use conflicts (plants that withdraw more river can experience low-flow potential for groundwater and soil than 100 gallons per minute [gpm]).’’ conditions and would be required to contamination. However, they are Because Ranney wells produce conduct a plant-specific assessment of subject to discharge authorizations significantly more than 100 gpm, the water use conflicts. under NPDES and related State Ranney wells issue was consolidated (24) Groundwater Quality wastewater discharge permit programs. with the general issue of groundwater Degradation Resulting from Water The finding column of Table B–1 for use conflicts for plants using more than Withdrawals: The final rule amends ‘‘Groundwater use and quality’’ prior to 100 gpm of groundwater. The Table B–1 by consolidating two this final rule, as analyzed in the 1996 consolidated issue is a Category 2 issue, Category 1 issues, ‘‘Ground-water GEIS, indicated that impacts of with an impact level range of small to quality degradation (Ranney wells)’’ and continued operations and refurbishment large. The final rule further amends ‘‘Ground-water quality degradation on groundwater use and quality would Table B–1 by removing the entries for (saltwater intrusion),’’ each with an be small, as extensive dewatering is not ‘‘Groundwater use conflicts (potable and impact level of small, and names the anticipated. This finding was re- service water, and dewatering; plants consolidated issue, ‘‘Groundwater evaluated in the revised GEIS and is that use >100 gpm)’’ and ‘‘Ground-water quality degradation resulting from water retained in Table B–1. use conflicts (Ranney wells)’’ and withdrawals.’’ The consolidated issue While the proposed rule’s remains a Category 1 issue, with an ‘‘Groundwater and soil contamination’’ adding an entry for ‘‘Groundwater use conflicts (plants that withdraw more impact level of small. The final rule issue was identified as a Category 2 further amends Table B–1 by removing issue, further consideration of the than 100 gallons per minute [gpm]).’’ The finding column entry for the new the entries for ‘‘Ground-water quality ‘‘Groundwater and soil contamination’’ degradation (Ranney wells)’’ and issue and public comments revealed consolidated issue states ‘‘Plants that withdraw more than 100 gpm could ‘‘Ground-water quality degradation that the potential impacts on (saltwater intrusion)’’ and, by adding an groundwater and soil quality from cause groundwater use conflicts with nearby groundwater users.’’ entry for ‘‘Groundwater quality common industrial practices can be degradation resulting from water addressed generically, as these practices (23) Groundwater Use Conflicts withdrawals.’’ The finding column entry are common to all industrial facilities (Plants with Closed-Cycle Cooling for the consolidated issue states and are not unique to nuclear power Systems that Withdraw Makeup Water ‘‘Groundwater withdrawals at operating plants. Moreover, as supported by the from a River): The final rule amends nuclear power plants would not analysis in the revised GEIS, the NRC Table B–1 by renaming ‘‘Ground-water contribute significantly to groundwater concludes that the overall impact of use conflicts (plants using cooling quality degradation.’’ The two issues industrial practices on groundwater use towers withdrawing makeup water from were consolidated as they both consider and quality from past and current a small river)’’ as ‘‘Groundwater use the possibility of groundwater quality operations is small for all nuclear power conflicts (plants with closed-cycle becoming degraded as a result of plant plants and not expected to change cooling systems that withdraw makeup appreciably during the license renewal water from a river).’’ It remains a operations drawing water of potentially term. Category 2 issue, with an impact level lower quality into the aquifer. (21) Groundwater Use Conflicts range of small to large. The final rule (25) Groundwater Quality Degradation (Plants that Withdraw Less Than 100 further amends Table B–1 by replacing (Plants with Cooling Ponds in Salt Gallons per Minute [gpm]): The final the finding column entry, which states, Marshes): The final rule amends Table B–1 by revising the title of the issue rule amends Table B–1 by renaming the Water use conflicts may result from surface ‘‘Ground-water use conflicts (potable ‘‘Ground-water quality degradation water withdrawals from small water bodies (cooling ponds in salt marshes)’’ to and service water; plants that use <100 during low flow conditions which may affect gpm)’’ issue as ‘‘Groundwater use aquifer recharge, especially if other ground- ‘‘Groundwater quality degradation conflicts (plants that withdraw less than water or upstream surface water users come (plants with cooling ponds in salt 100 gallons per minute [gpm]).’’ It on line before the time of license renewal. marshes).’’ The issue remains a Category remains a Category 1 issue with an See § 51.53(c)(3)(ii)(A). 1 issue, with an impact level of small. The final rule further amends Table B– impact level of small. The final rule with the following: further amends Table B–1 by making 1 by replacing the finding column entry, minor clarifying changes to the finding Water use conflicts could result from water which states, withdrawals from rivers during low-flow Sites with closed-cycle ponds may degrade column entry for this issue. Specifically, conditions, which may affect aquifer ground-water quality. Because water in salt the final rule replaces the entry recharge. The significance of impacts would marshes is brackish, this is not a concern for statement ‘‘Plants using less than 100 depend on makeup water requirements, plants located in salt marshes. gpm are not expected to cause any water availability, and competing water ground-water conflicts,’’ with ‘‘Plants demands. with the following:

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Sites with closed-cycle cooling ponds This new Category 2 issue has been nuclear industry, in 2007 committed to could degrade groundwater quality. added to evaluate the potential impact the NRC to develop a voluntary However, groundwater in salt marshes is to groundwater quality from the initiative for each nuclear power plant naturally brackish and thus, not potable. discharge of radionuclides from plant to have a site-specific groundwater Consequently, the human use of such systems, piping, and tanks. This issue protection program. NEI provided groundwater is limited to industrial purposes. was added because within the past guidance to the nuclear industry (NEI several years there have been events at 07–07, ADAMS Accession No. The final rule change to the finding nuclear power reactor sites that ML072610036) on the development and column entry reflects the NRC’s involved unknown, uncontrolled, and implementation of a groundwater response to a public comment on the unmonitored releases of radioactive protection program. The program covers proposed rule by: (1) Deleting the term liquids into the groundwater. The issue the assessment of plant systems and ‘‘plants’’ to eliminate any confusion that is relevant to license renewal because components, site hydrogeology, and the NRC might have meant marsh this experience has shown that methods to detect leaks to determine the ‘‘plants’’ rather than ‘‘nuclear power components and piping at nuclear needs for each site-specific program. To plants;’’ and (2) clarifying that the focus power plants have the potential to leak monitor the actions of the nuclear of this issue is on the degradation of radioactive material into the industry, the NRC routinely inspects groundwater quality for human use. groundwater and degrade its quality. nuclear power plant licensees to verify Brackish groundwater has limited While the NRC’s regulations in 10 CFR continued implementation of the human use, thus, any impacts on part 20 and in 10 CFR part 50 limit the Groundwater Protection Initiative groundwater quality caused by amount of radioactive material released programs, to review records of continued operations and refurbishment (i.e., from routine and inadvertent identified leakage and spill events, to associated with license renewal are not sources) from a nuclear power plant into assess whether the source of the leak or significant. the environment, the regulations are spill was identified and mitigated, and (26) Groundwater Quality Degradation focused on protecting the public, not the to review any remediation actions taken (Plants with Cooling Ponds at Inland quality of the groundwater. Therefore, for effectiveness. Sites): The final rule amends Table as required by NEPA, the NRC must On the basis of the information and B–1 by revising the title of the issue consider the potential impacts to the experience with these groundwater ‘‘Ground-water quality degradation groundwater from radioactive liquids events and the evaluation in the revised (cooling ponds at inland sites)’’ to released into groundwater. GEIS, the NRC concludes that the ‘‘Groundwater quality degradation The majority of the inadvertent impact to groundwater quality from the (plants with cooling ponds at inland radioactive liquid release events release of radionuclides is dependent on sites).’’ The issue remains a Category 2 involved tritium, which is a radioactive site-specific variables and could be issue, with an impact level range of isotope of hydrogen. However, in some small or moderate, depending on the small to large. The final rule further of the events, radioactive isotopes of magnitude of the leak, radionuclides amends Table B–1 by replacing the cesium and strontium have also been involved, and the response time of plant finding column entry, which states, released. Non-routine releases of personnel to identify and stop the leak Sites with closed-cycle cooling ponds may radioactive liquids into the groundwater in a timely fashion. Therefore, degrade ground-water quality. For plants have occurred from plant systems and ‘‘Radionuclides released to located inland, the quality of the ground buried piping. groundwater’’ is a Category 2 issue and, water in the vicinity of the ponds must be In 2006, the NRC’s Executive Director as such, a site-specific evaluation in the shown to be adequate to allow continuation for Operations chartered a task force to environmental report is needed for each of current uses. See § 51.53(c)(3)(ii)(D). conduct a lessons-learned review of application for license renewal. with the following: these incidents. On September 1, 2006, Similarly, the NRC will analyze this the Task Force issued its report: ‘‘Liquid issue in the SEIS for each license Inland sites with closed-cycle cooling Radioactive Release Lessons Learned ponds could degrade groundwater quality. renewal action. The significance of the impact would depend Task Force Report’’ (ADAMS Accession on cooling pond water quality, site No. ML062650312). A significant Terrestrial Resources hydrogeologic conditions (including the conclusion of the report dealt with the (28) Effects on Terrestrial Resources interaction of surface water and potential health impacts to the public (Non-Cooling System Impacts): The groundwater), and the location, depth, and from the inadvertent releases. Although final rule amends Table B–1 by pump rate of water wells. there were numerous events where renaming the ‘‘Refurbishment impacts’’ (27) Radionuclides Released to radioactive liquids were released to the issue as ‘‘Effects on terrestrial resources Groundwater: The final rule amends groundwater in an unplanned, (non-cooling system impacts).’’ It Table B–1 by adding a new Category 2 uncontrolled, and unmonitored fashion, remains a Category 2 issue, with an issue, ‘‘Radionuclides released to based on the data available, the task impact level range of small to large.34 groundwater,’’ with an impact level force did not identify any instances The issue, as set forth in the 1996 GEIS, range of small to moderate, to evaluate where public health and safety was addressed only the impacts upon the potential impact of discharges of adversely impacted. However, the task terrestrial resources resulting from any radionuclides from plant systems into force did not evaluate the impact of the refurbishment activities during the groundwater. The finding column entry releases to groundwater quality. The license renewal term. The analysis in for this issue states, task force also identified that under the the revised GEIS builds on the analysis existing regulatory requirements, the in the 1996 GEIS to include the Leaks of radioactive liquids from plant potential exists for radioactive liquid components and pipes have occurred at environmental impacts resulting from numerous plants. Groundwater protection releases from leaking systems to not be continued plant operations during the programs have been established at all detected for a period of time and, license renewal term. The final rule operating nuclear power plants to minimize therefore, the contaminants could the potential impact from any inadvertent migrate into groundwater. 34 The proposed rule named the issue, ‘‘Impacts releases. The magnitude of impacts would In response to these groundwater of continued plant operations on terrestrial depend on site-specific characteristics. events, NEI, which represents the ecosystems’’ (74 FR 38123, 38136; July 31, 2009).

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further amends Table B–1 by replacing surrounding the plant for analysis to of wildlife exposed to the contaminated the finding column entry, which states, measure the amount of radioactivity, if water or aquatic food sources are not expected to be significant issues. Refurbishment impacts are insignificant if any, in the samples. The media samples reflect the radiation exposure pathways no loss of important plant and animal habitat (31) Cooling Tower Impacts on to the public from radioactive effluents occurs. However, it cannot be known Vegetation (Plants with Cooling whether important plant and animal released by the nuclear power plant and Towers): The final rule amends Table communities may be affected until the from background radiation (i.e., cosmic B–1 by consolidating two Category 1 specific proposal is presented with the sources, naturally-occurring radioactive issues, ‘‘Cooling tower impacts on crops license renewal application. See material, including radon and global § 51.53(c)(3)(ii)(E). and ornamental vegetation’’ and fallout). These 15 plants were selected ‘‘Cooling tower impacts on native with the following: to represent sites that reported a range plants,’’ both issues having an impact of radionuclide concentrations in the Impacts resulting from continued level of small, and names the operations and refurbishment associated with sample media and included both boiling consolidated issue, ‘‘Cooling tower license renewal may affect terrestrial water reactors and pressurized water impacts on vegetation (plants with communities. Application of best reactors. Site-specific radionuclide cooling towers).’’ The consolidated management practices would reduce the concentrations in water and sediments, potential for impacts. The magnitude of issue is a Category 1 issue with an as reported in the plant’s REMP reports, impacts would depend on the nature of the impact level of small. The two issues were used in the calculations. The activity, the status of the resources that could were consolidated to conform to the calculated radiation dose rates to be affected, and the effectiveness of resource-based approach used in the mitigation. terrestrial biota, based on exposure to revised GEIS. With the recent trend of radioactivity in the environmental (29) Exposure of Terrestrial replacing lawns with native vegetation, media, were compared against Organisms to Radionuclides: The final some ornamental plants and crops are radiation-safety guidelines issued by the rule amends Table B–1 by adding a new native plants, and the original U.S. Department of Energy (DOE), the Category 1 issue, ‘‘Exposure of separation into two issues is International Atomic Energy Agency terrestrial organisms to radionuclides.’’ unnecessary and cumbersome. The final (IAEA), the National Council of The new issue has been determined to rule further amends Table B–1 by Radiation Protection and Measurements have an impact level of small. The removing the entries for ‘‘Cooling tower (NCRP), and the International finding column entry for this issue impacts on crops and ornamental Commission on Radiological Protection states, vegetation’’ and ‘‘Cooling tower impacts (ICRP). The NRC concluded that the Doses to terrestrial organisms from on native plants,’’ and by adding an impacts of radionuclides on terrestrial continued operations and refurbishment entry for ‘‘Cooling tower impacts on biota from past and current normal associated with license renewal are expected vegetation (plants with cooling operations are small for all nuclear to be well below exposure guidelines towers).’’ The finding column entry for developed to protect these organisms. power plants and should not change the new consolidated issue states, This new issue evaluates the potential appreciably during the license renewal impact of radionuclides on terrestrial term. Impacts from salt drift, icing, fogging, or increased humidity associated with cooling organisms resulting from continued (30) Cooling System Impacts on tower operation have the potential to affect operations of a nuclear power plant Terrestrial Resources (Plants with Once- Through Cooling Systems or Cooling adjacent vegetation, but these impacts have during the license renewal term and been small at operating nuclear power plants refurbishment associated with license Ponds): The final rule amends Table B–1 by renaming the ‘‘Cooling pond and are not expected to change over the renewal. This issue was not evaluated in license renewal term. the 1996 GEIS. Subsequent to the impacts on terrestrial resources’’ issue publication of the 1996 GEIS, however, as ‘‘Cooling system impacts on (32) Bird Collisions with Plant members of the public and various terrestrial resources (plants with once- Structures and Transmission Lines: The Federal and State agencies commented through cooling systems or cooling final rule amends Table B–1 by on the need to evaluate the potential ponds).’’ It remains a Category 1 issue, consolidating two Category 1 issues, impact of radionuclides on terrestrial with an impact level of small. The ‘‘Bird collisions with cooling towers’’ organisms during plant-specific license analysis in the revised GEIS expands the and ‘‘Bird collision with power lines,’’ renewal reviews. scope of this issue to include plants both issues having an impact level of The revised GEIS evaluates the with once-through cooling systems. This small. The final rule also expands the potential impact of radionuclides on analysis concludes that the impacts on scope of the consolidated issue to terrestrial biota at nuclear power plants terrestrial resources from once-through address collisions with all plant from continued operations during the cooling systems, as well as from cooling structures and names the issue, ‘‘Bird license renewal term. For the ponds, is of small significance at all collisions with plant structures and evaluation, site-specific radionuclide plants. The final rule further amends transmission lines.’’ The consolidated concentrations in environmental media Table B–1 by replacing the finding issue is a Category 1 issue with an (e.g., water, air, milk, crops, food column entry, which states, impact level of small. The two issues products, sediment, and fish and other Impacts of cooling ponds on terrestrial were consolidated to conform to the aquatic biota) were obtained from ecological resources are considered to be of resource-based approach used in the publicly available Radiological small significance at all sites. revised GEIS. The final rule further Environmental Monitoring Program with the following: amends Table B–1 by removing the (REMP) annual reports from 15 nuclear entries for ‘‘Bird collisions with cooling power plants. The REMP is conducted No adverse effects to terrestrial plants or towers’’ and ‘‘Bird collision with power animals have been reported as a result of at every NRC licensed nuclear power increased water temperatures, fogging, lines,’’ and by adding an entry for ‘‘Bird plant to assess the environmental humidity, or reduced habitat quality. Due to collisions with plant structures and impacts from plant operations. This is the low concentrations of contaminants in transmission lines.’’ The finding column done by collecting samples of cooling system effluents, uptake and entry for the new consolidated issue environmental media from areas accumulation of contaminants in the tissues states,

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Bird collisions with cooling towers and Issue 17, ‘‘Surface Water Use Conflicts same one that was added to Issue 3, other plant structures and transmission lines (Plants with Cooling Ponds or Cooling ‘‘Offsite land use in transmission line occur at rates that are unlikely to affect local Towers Using Makeup Water from a right-of-ways (ROWs).’’ See the or migratory populations and the rates are River)’’). description of the changes made by the not expected to change. (34) Transmission Line Right-of-Way final rule to Issue 3 for further The final rule further amends Table (ROW) Management Impacts on explanation of this amendment. B–1 by appending a footnote to the issue Terrestrial Resources: The final rule Aquatic Resources column entry for ‘‘Bird collisions with amends Table B–1 by consolidating two plant structures and transmission Category 1 issues, ‘‘Power line right-of- (36) Impingement and Entrainment of lines,’’ concerning the extent to which way management (cutting and herbicide Aquatic Organisms (Plants with Once- transmission lines and their associated application)’’ and ‘‘Floodplains and Through Cooling Systems or Cooling right of ways have been analyzed under wetland on power line right-of-way,’’ Ponds): The final rule amends Table the revised GEIS. This footnote is the each with an impact level of small, and B–1 by consolidating two Category 2 same one that was added to Issue 3, names the consolidated issue, issues, ‘‘Entrainment of fish and ‘‘Offsite land use in transmission line ‘‘Transmission line right-of-way (ROW) shellfish in early life stages (for plants right-of-ways (ROWs).’’ See the management impacts on terrestrial with once-through cooling and cooling description of the changes made by the resources.’’ The consolidated issue is a pond heat dissipation systems)’’ and final rule to Issue 3 for further Category 1 issue, with an impact level ‘‘Impingement of fish and shellfish (for explanation of this amendment. of small. The two issues were plants with once-through cooling and (33) Water Use Conflicts with consolidated to conform to the resource- cooling pond heat dissipation Terrestrial Resources (Plants with based approach used in the revised systems),’’ both with impact level ranges Cooling Ponds or Cooling Towers Using GEIS. The final rule further amends of small to large, and names the Makeup Water from a River): The final Table B–1 by removing the entries for consolidated issue, ‘‘Impingement and rule amends Table B–1 by adding a new ‘‘Power line right-of-way management entrainment of aquatic organisms Category 2 issue, ‘‘Water use conflicts (cutting and herbicide application)’’ and (plants with once-through cooling with terrestrial resources (plants with ‘‘Floodplains and wetland on power systems or cooling ponds).’’ The cooling ponds or cooling towers using line right-of-way,’’ and, by adding an consolidated issue is a Category 2 issue makeup water from a river),’’ to evaluate entry for ‘‘Transmission line right-of- with an impact level range of small to water use conflict impacts with way (ROW) management impacts on large. The final rule further amends terrestrial resources in riparian terrestrial resources.’’ The finding Table B–1 by removing the entries for communities. The 1996 GEIS already column entry for the consolidated issue ‘‘Entrainment of fish and shellfish in addresses the resource aspects of this states, early life stages (for plants with once- issue, and 10 CFR 51.53(c)(3)(ii)(A) through cooling and cooling pond heat requires a plant-specific analysis of the Continued ROW management during the license renewal term is expected to keep dissipation systems)’’ and impacts of surface water withdrawals terrestrial communities in their current ‘‘Impingement of fish and shellfish (for from rivers for cooling pond or cooling condition. Application of best management plants with once-through cooling and tower makeup on riparian ecological practices would reduce the potential for cooling pond heat dissipation communities. However, this stand-alone impacts. systems),’’ and, by adding an entry for issue was created to clearly separate out The final rule further amends Table ‘‘Impingement and entrainment of the related aspects and potential B–1 by appending a footnote to the issue aquatic organisms (plants with once- impacts on terrestrial, riparian column entry for ‘‘Transmission line through cooling systems or cooling communities associated with surface right-of-way (ROW) management ponds).’’ The finding column entry for water withdrawals from a river for impacts on terrestrial resources,’’ the consolidated issue states, consumptive cooling water uses. The concerning the extent to which new issue has an impact level range of The impacts of impingement and transmission lines and their associated entrainment are small at many plants, but small to moderate. The finding column rights of way have been analyzed under may be moderate or even large at a few plants entry for this issue states, the revised GEIS. This footnote is the with once-through and cooling-pond cooling Impacts on terrestrial resources in riparian same one that was added to Issue 3, systems, depending on cooling system communities affected by water use conflicts ‘‘Offsite land use in transmission line withdrawal rates and volumes and the aquatic resources at the site. could be of moderate significance. right-of-ways (ROWs).’’ See the As described in the revised GEIS, description of the changes made by the For the revised GEIS, these issues such impacts could occur when water final rule to Issue 3 for further were consolidated to facilitate the that supports these resources is explanation of this amendment. review process in keeping with the diminished because of decreased (35) Electromagnetic Fields on Flora resource-based approach and to allow availability due to droughts; increased and Fauna (Plants, Agricultural Crops, for a more complete analysis of the water demand for agricultural, Honeybees, Wildlife, Livestock): There environmental impact. Nuclear power municipal, or industrial usage; or a are no changes to this issue, and it plants typically conduct separate combination of these factors. The remains a Category 1 issue with a small sampling programs to estimate the potential range of impact levels at level of impact. The final rule amends numbers of organisms entrained and plants, subject to license renewal, with Table B–1 by appending a footnote to impinged, which explains the original cooling ponds or cooling towers using the issue column entry for separation of these issues. However, it is makeup water from a river cannot be ‘‘Electromagnetic Fields on Flora and the consolidated effects of entrainment generically determined. The NRC has Fauna (Plants, Agricultural Crops, and impingement that reflect the total also removed the term ‘‘low flow’’ from Honeybees, Wildlife, Livestock),’’ impact of the cooling system intake on the title of this issue, as set forth in the concerning the extent to which the resource. Environmental conditions proposed rule, and other related river transmission lines and their associated are different at each nuclear power plant flow issues in the final rule as rights of way have been analyzed under site, and impacts cannot be determined previously discussed in this section (see the revised GEIS. This footnote is the generically.

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(37) Impingement and Entrainment of there is no basis to support making the B–1 by renaming the issue ‘‘Heat shock Aquatic Organisms (Plants with Cooling ‘‘Entrainment of phytoplankton and (for plants with cooling-tower-based Towers): The final rule amends Table zooplankton (all plants)’’ a site-specific heat dissipation systems)’’ as ‘‘Thermal B–1 by consolidating two Category 1 issue, the NRC determined not to adopt Impacts on Aquatic Organisms (Plants issues, ‘‘Entrainment of fish and the proposed rule change. Instead, only with Cooling Towers).’’ It remains a shellfish in early life stages (for plants the two Category 2 issues were Category 1 issue with an impact level of with cooling tower-based heat consolidated (see Issue 36), and this small. The final rule further amends dissipation systems)’’ and issue remains separate. Table B–1 by replacing the finding ‘‘Impingement of fish and shellfish (for (39) Thermal Impacts on Aquatic column entry for this issue, which plants with cooling tower-based heat Organisms (Plants with Once-Through states, ‘‘Heat shock has not been found dissipation systems),’’ both with impact Cooling Systems or Cooling Ponds): The to be a problem at operating nuclear levels of small, and names the final rule amends Table B–1 by power plants with this type of cooling consolidated issue, ‘‘Impingement and renaming the issue, ‘‘Heat shock (for system and is not expected to be a entrainment of aquatic organisms plants with once-through and cooling problem during the license renewal (plants with cooling towers).’’ The pond heat dissipation systems)’’ as term,’’ with the following, ‘‘Thermal consolidated issue is a Category 1 issue ‘‘Thermal Impacts on Aquatic effects associated with plants that use with an impact level of small. The final Organisms (plants with once-through cooling towers are expected to be small rule further amends Table B–1 by cooling systems or cooling ponds).’’ It because of the reduced amount of removing the entries for ‘‘Entrainment remains a Category 2 issue with an heated discharge.’’ of fish and shellfish in early life stages impact level range of small to large. The The proposed rule had consolidated (for plants with cooling tower-based final rule further amends Table B–1 by the Category 1 issue, ‘‘Heat shock (for heat dissipation systems)’’ and replacing the finding column entry for plants with cooling-tower-based heat ‘‘Impingement of fish and shellfish (for this issue, which states, dissipation systems)’’ with four other plants with cooling tower-based heat Category 1 issues, ‘‘Cold shock (for all Because of continuing concerns about heat plants),’’ ‘‘Thermal plume barrier to dissipation systems),’’ and by adding an shock and the possible need to modify entry for ‘‘Impingement and thermal discharges in response to changing migrating fish (for all plants),’’ entrainment of aquatic organisms environmental conditions, the impacts may ‘‘Distribution of aquatic organisms (for (plants with cooling towers).’’ The be of moderate or large significance at some all plants),’’ and ‘‘Premature emergence finding column entry for the plants. See § 51.53(c)(3)(ii)(B). of aquatic insects (for all plants)’’ (74 FR 38124, 38136). These issues were consolidated issue states, with the following: proposed for consolidation to facilitate Impingement and entrainment rates are Most of the effects associated with thermal the environmental review process lower at plants that use closed-cycle cooling discharges are localized and are not expected because they are all caused by thermal with cooling towers because the rates and to affect overall stability of populations or volumes of water withdrawal needed for effects. The final rule consolidates these resources. The magnitude of impacts, four Category 1 issues with another makeup are minimized. however, would depend on site-specific Category 1 issue, ‘‘Stimulation of The two issues have been thermal plume characteristics and the nature of aquatic resources in the area. nuisance organisms (e.g., shipworms),’’ consolidated given their similar nature as Issue 41, ‘‘Infrequently reported and to facilitate the environmental Environmental conditions are thermal impacts (all plants),’’ as review process consistent with the different at each nuclear power plant described in the following paragraphs. resource-based approach in the revised site, and thermal impacts associated (41) Infrequently Reported Thermal GEIS. with once-through and cooling pond Impacts (All Plants): The final rule (38) Entrainment of phytoplankton heat dissipation systems cannot be amends Table B–1 by consolidating five and zooplankton (all plants): There are determined generically. The proposed Category 1 issues, ‘‘Cold shock (for all no changes to this issue, and it remains rule had consolidated the Category 2 plants),’’ ‘‘Thermal plume barrier to a Category 1 issue with an impact level issue, ‘‘Heat shock (for plants with once- migrating fish (for all plants),’’ of small. The proposed rule had through and cooling pond heat ‘‘Distribution of aquatic organisms (for consolidated two Category 2 issues, dissipation systems)’’ with four all plants),’’ ‘‘Premature emergence of ‘‘Entrainment of fish and shellfish in Category 1 issues, ‘‘Cold shock (for all aquatic insects (for all plants),’’ and early life stages (for plants with once- plants),’’ ‘‘Thermal plume barrier to ‘‘Stimulation of Nuisance Organisms through cooling and cooling pond heat migrating fish (for all plants),’’ (e.g., Shipworms),’’ each with an impact dissipation systems)’’ and ‘‘Distribution of aquatic organisms (for level of small, and names the ‘‘Impingement of fish and shellfish (for all plants),’’ and ‘‘Premature emergence consolidated issue, ‘‘Infrequently plants with once-through cooling and of aquatic insects (for all plants)’’ (74 FR reported thermal impacts (all plants).’’ cooling pond heat dissipation systems)’’ 38124, 38136; July 31, 2009). These The consolidated issue is a Category 1 with the Category 1 issue, ‘‘Entrainment issues were proposed for consolidation issue, with an impact level of small. The of phytoplankton and zooplankton (for to facilitate the environmental review final rule further amends Table B–1 by all plants)’’ (74 FR 38124, 38136; July process because they are all caused by removing the entries for ‘‘Cold shock 31, 2009). Under the proposed rule, the thermal effects. The final rule (for all plants),’’ ‘‘Thermal plume barrier consolidated issue would have been a consolidates these four Category 1 to migrating fish (for all plants),’’ Category 2 issue, with an impact range issues with another Category 1 issue, ‘‘Distribution of aquatic organisms (for of small to large. Subsequent to the ‘‘Stimulation of nuisance organisms all plants),’’ ‘‘Premature emergence of publication of the proposed rule, the (e.g., shipworms),’’ as Issue 41, aquatic insects (for all plants),’’ and NRC determined that such ‘‘Infrequently reported thermal impacts ‘‘Stimulation of Nuisance Organisms consolidation would have the effect of (all plants),’’ as described later in this (e.g., Shipworms),’’ and, by adding an making ‘‘Entrainment of phytoplankton section. entry for ‘‘Infrequently reported thermal and zooplankton (all plants),’’ which is (40) Thermal Impacts on Aquatic impacts (all plants).’’ The finding an issue generic to all plants (Category Organisms (Plants with Cooling column entry for the new consolidated 1), a site-specific issue (Category 2). As Towers): The final rule amends Table issue states,

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Continued operations during the license Gas supersaturation was a concern at a from 15 nuclear power plants. The renewal term are expected to have small small number of operating nuclear power REMP is conducted at every NRC thermal impacts with respect to the plants with once-through cooling systems but licensed nuclear power plant to assess following: has been mitigated. Low dissolved oxygen the environmental impacts from plant Cold shock has been satisfactorily was a concern at one nuclear power plant mitigated at operating nuclear plants with with a once-through cooling system but has operations. This is done by collecting once-through cooling systems, has not been mitigated. Eutrophication (nutrient samples of environmental media from endangered fish populations or been found to loading) and resulting effects on chemical areas surrounding the plant for analysis be a problem at operating nuclear power and biological oxygen demands have not to measure the amount of radioactivity, plants with cooling towers or cooling ponds, been found to be a problem at operating if any, in the samples. The media and is not expected to be a problem. nuclear power plants. samples reflect the radiation exposure Thermal plumes have not been found to be (43) Effects of Non-Radiological pathways to the public from radioactive a problem at operating nuclear power plants Contaminants on Aquatic Organisms: effluents released by the nuclear power and are not expected to be a problem. The final rule amends Table B–1 by plant and from background radiation Thermal discharge may have localized renaming the issue ‘‘Accumulation of (i.e., cosmic sources, naturally-occurring effects but is not expected to affect the larger contaminants in sediments or biota’’ as radioactive material, including radon geographical distribution of aquatic ‘‘Effects of non-radiological and global fallout). These 15 plants were organisms. selected to represent sites that reported Premature emergence has been found to be contaminants on aquatic organisms.’’ a localized effect at some operating nuclear The renamed issue remains a Category a range of radionuclide concentrations power plants but has not been a problem and 1 issue with an impact level of small. in the sample media and included both is not expected to be a problem. The final rule further amends Table boiling water reactors and pressurized Stimulation of nuisance organisms has B–1 by replacing the finding column water reactors. Site-specific been satisfactorily mitigated at the single entry, which states, radionuclide concentrations in water nuclear power plant with a once-through Accumulation of contaminants has been a and sediments, as reported in the plant’s cooling system where previously it was a REMP reports, were used in the problem. It has not been found to be a concern at a few nuclear power plants but has been satisfactorily mitigated by replacing calculations. The calculated radiation problem at operating nuclear power plants dose rates to aquatic organisms, based with cooling towers or cooling ponds and is copper alloy condenser tubes with those of not expected to be a problem. another metal. It is not expected to be a on exposure to radioactivity in the problem during the license renewal term. environmental media, were compared The five issues are consolidated to with the following: against radiation-safety guidelines facilitate the environmental review issued by DOE, IAEA, NCRP, and ICRP. process because they are all caused by Best management practices and discharge The NRC concluded that the impacts of limitations of NPDES permits are expected to thermal effects resulting from operation minimize the potential for impacts to aquatic radionuclides on aquatic organisms of a plant’s cooling system. Previous resources during continued operations and from past and current normal operations license renewal reviews conducted by refurbishment associated with license are small for all nuclear power plants the NRC have shown that the previously renewal. Accumulation of metal and should not change appreciably described thermal issues have not been contaminants has been a concern at a few during the license renewal term. a problem at operating nuclear power nuclear power plants, but has been (45) Effects of Dredging on Aquatic plants and would not change during the satisfactorily mitigated by replacing copper Organisms: The final rule amends Table license renewal term, and so no future alloy condenser tubes with those of another B–1 by adding a new Category 1 issue, metal. impacts are anticipated. ‘‘Effects of dredging on aquatic (42) Effects of Cooling Water (44) Exposure of Aquatic Organisms organisms,’’ with an impact level of Discharge on Dissolved Oxygen, Gas to Radionuclides: The final rule amends small, to evaluate the impacts of Supersaturation, and Eutrophication: Table B–1 by adding a new Category 1 dredging on aquatic organisms. The The final rule amends Table B–1 by issue, ‘‘Exposure of Aquatic Organisms finding column entry for this issue consolidating three Category 1 issues, to Radionuclides,’’ with an impact level states, of small. The finding column entry for ‘‘Eutrophication,’’ ‘‘Gas supersaturation Dredging at nuclear power plants is (gas bubble disease),’’ and ‘‘Low this issue states, expected to occur infrequently, would be of dissolved oxygen in the discharge,’’ Doses to aquatic organisms are expected to relatively short duration, and would affect each with an impact level of small, and be well below exposure guidelines developed relatively small areas. Dredging is performed names the consolidated issue, ‘‘Effects to protect these aquatic organisms. under permit from the U.S. Army Corps of of cooling water discharge on dissolved The issue has been added to evaluate Engineers, and possibly, from other State or local agencies. oxygen, gas supersaturation, and the potential impact of radionuclide eutrophication.’’ The consolidated issue discharges upon aquatic organisms, Licensees conduct dredging to is a Category 1 issue, with an impact based on comments from members of maintain intake and discharge level of small. The three issues are the public and Federal and State structures at nuclear power plant consolidated given their similar nature agencies raised during the license facilities and in some cases, to maintain and to facilitate the environmental renewal process for various plants. barge slips. Dredging may disturb or review process. The final rule further The revised GEIS evaluates the remove benthic communities. In amends Table B–1 by removing the potential impact of radionuclides on general, maintenance dredging for entries for ‘‘Eutrophication,’’ ‘‘Gas aquatic organisms at nuclear power nuclear power plant operations occur supersaturation (gas bubble disease),’’ plants from continued operations during infrequently, is of relatively short and ‘‘Low dissolved oxygen in the the license renewal term. For the duration, and affects relatively small discharge,’’ and, by adding an entry for evaluation, site-specific radionuclide areas. Dredging is performed under a ‘‘Effects of cooling water discharge on concentrations in environmental media permit issued by the U.S. Army Corps dissolved oxygen, gas supersaturation, (e.g., water, air, milk, crops, food of Engineers and consequently, each and eutrophication.’’ The finding products, sediment, and fish and other dredging action is subject to a site- column entry for the new consolidated aquatic biota) were obtained from specific environmental review issue states, publicly available REMP annual reports conducted by the Corps. Dredging

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activities may also require permits from Table B–1 by replacing the finding Special Status Species and Habitats various State or local agencies. column entry, which states, (50) Threatened, Endangered, and (46) Water Use Conflicts with Aquatic During plant shutdown and refurbishment Protected Species and Essential Fish Resources (Plants with Cooling Ponds or there will be negligible effects on aquatic Habitat: The final rule amends Table B– Cooling Towers using Makeup Water biota because of a reduction of entrainment 1 by renaming the issue ‘‘Threatened or from a River): The final rule amends and impingement of organisms or a reduced endangered species’’ as ‘‘Threatened, Table B–1 by adding a new Category 2 release of chemicals. endangered, and protected species and issue, ‘‘Water use conflicts with aquatic essential fish habitat.’’ The final rule with the following: resources (plants with cooling ponds or expands the scope of the issue to cooling towers using makeup water Licensee application of appropriate include essential fish habitats protected from a river),’’ with an impact level mitigation measures is expected to result in under the Magnuson-Stevens Fishery range of small to moderate, to evaluate no more than small changes to aquatic Conservation and Management Act water use conflicts with aquatic communities from their current condition. (MSA). The renamed and expanded resources in stream communities. The (48) Impacts of Transmission Line issue is a Category 2 issue. The final 1996 GEIS already addresses the Right-of-Way (ROW) Management on rule further amends Table B–1 by resource aspects of this issue, and 10 Aquatic Resources: The final rule replacing the finding column entry, CFR 51.53(c)(3)(ii)(A) requires a plant- amends Table B–1 by adding a new which states, specific analysis of the impacts of Category 1 issue, ‘‘Impacts of Generally, plant refurbishment and surface water withdrawals from rivers transmission line right-of-way (ROW) continued operations are not expected to for cooling pond or cooling tower management on aquatic resources,’’ adversely affect threatened or endangered makeup on stream (i.e., aquatic) with an impact level of small, to species. However, consultation with appropriate agencies would be needed at the ecological communities. However, this evaluate the impact of transmission line stand-alone issue was created to clearly time of license renewal to determine whether ROW management on aquatic resources threatened or endangered species are present separate out the related aspects and during the license renewal term. The potential impacts on aquatic and whether they would be adversely finding column entry for this issue affected. See § 51.53(c)(3)(ii)(E). communities associated with surface states, water withdrawals from a river for with the following: consumptive cooling water uses. Licensee application of best management The magnitude of impacts on threatened, practices to ROW maintenance is expected to endangered, and protected species, critical The finding column entry for this result in no more than small impacts to issue states, habitat, and essential fish habitat would aquatic resources. depend on the occurrence of listed species Impacts on aquatic resources in stream and habitats and the effects of power plant communities affected by water use conflicts Impacts on aquatic resources from systems on them. Consultation with could be of moderate significance in some transmission line ROW maintenance appropriate agencies would be needed to situations. could occur as a result of the direct determine whether special status species or disturbance of aquatic habitats, soil habitats are present and whether they would Such impacts could occur when water erosion, changes in water quality (from be adversely affected by continued that supports these resources is sedimentation and thermal effects), or operations and refurbishment associated with diminished because of decreased inadvertent releases of chemical license renewal. availability due to droughts; increased contaminants from herbicide use. As The final rule also amends Table B– water demand for agricultural, described in the revised GEIS, the NRC 1 by removing the words ‘‘SMALL, municipal, or industrial usage; or a expects any impact on aquatic resources MODERATE, or LARGE’’ from the combination of these factors. The resulting from transmission line ROW finding column entry because the potential range of impact levels at maintenance to be small, short term, Endangered Species Act (ESA) requires plants, subject to license renewal, with and localized for all plants because of other findings.36 In complying with the cooling ponds or cooling towers using licensee application of best management ESA, the NRC determines whether the makeup water from a river cannot be practices. effects of continued nuclear power plant generically determined. The NRC has operations and refurbishment (1) would also removed the term ‘‘low flow’’ from The final rule further amends Table B–1 by appending a footnote to the issue have no effect, (2) are not likely to the title of this issue, as set forth in the adversely affect, (3) are likely to proposed rule, and other related river column entry for ‘‘Impacts of Transmission Line Right-of-Way (ROW) adversely affect, or (4) are likely to flow issues in the final rule as jeopardize the listed species or previously discussed in this section (see Management on Aquatic Resources,’’ concerning the extent to which adversely modify the designated critical Issue 17, ‘‘Surface Water Use Conflicts habitat of Federally listed species (Plants with Cooling Ponds or Cooling transmission lines and their associated ROW have been analyzed under the populations or their critical habitat Towers Using Makeup Water from a during the license renewal term. For River)’’). revised GEIS. This footnote is the same one that was added to Issue 3, ‘‘Offsite listed species where the NRC has found (47) Effects on Aquatic Resources land use in transmission line right-of- that its action is ‘‘likely to adversely (Non-Cooling System Impacts): The ways (ROWs).’’ See the description of affect’’ the species or habitat, the NRC final rule amends Table B–1 by the changes made by the final rule to may further characterize the effects as renaming the ‘‘Refurbishment’’ issue as Issue 3 for further explanation of this ‘‘is [or is not] likely to jeopardize listed ‘‘Effects on aquatic resources (non- amendment. species or adversely modify designated cooling system impacts).’’ 35 It remains a critical habitat.’’ Category 1 issue with an impact level of (49) Losses from Predation, Similarly, the MSA also requires other small. The final rule further amends Parasitism, and Disease Among findings. In complying with the MSA, Organisms Exposed to Sublethal the NRC determines whether the effects 35 The proposed rule had renamed this issue Stresses: There are no changes to this ‘‘Refurbishment impacts on aquatic resources.’’ (74 issue, and it remains a Category 1 issue, 36 The proposed rule did not reflect this change FR 38125, 38136; July 31, 2009). with an impact level of small. (74 FR 38125, 38137; July 31, 2009).

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of continued nuclear power plant and if appropriate, the requisite Tribal refurbishment activities. Refurbishment operations and refurbishment associated Historic Preservation Officer. The activities involve the one-for-one with license renewal would have: (1) No license renewal applicant is typically an replacement of existing components and adverse impact, (2) minimal adverse active participant in such consultation, are generally not considered a taxable impact, or (3) substantial adverse impact and the applicant may agree to commit improvement. Also, new property tax to the essential habitat of federally to carrying out the appropriate assessments; proprietary payments in managed fish populations during the mitigation measures. If an agreement is lieu of tax stipulations, settlements, and license renewal term. Therefore, the reached, the parties will execute a agreements; and State tax laws are NRC believes that reporting its ESA and Memorandum of Agreement. Therefore, continually changing the amounts paid MSA findings instead of the ‘‘SMALL, the NRC believes that reporting its to taxing jurisdictions by nuclear power MODERATE, or LARGE’’ significance NHPA findings in the plant-specific plant owners, and these occur levels of impact will clarify the results. SEIS, instead of the ‘‘SMALL, independent of license renewal and MODERATE, or LARGE’’ significance Historic and Cultural Resources refurbishment activities. levels of impact, will clarify the results. (54) Community Services and (51) Historic and Cultural Resources: Socioeconomics Education: The final rule amends Table The final rule amends Table B–1 by B–1 by reclassifying two Category 2 renaming the issue ‘‘Historic and (52) Employment and Income, issues, ‘‘Public services: public archaeological resources’’ as ‘‘Historic Recreation and Tourism: The final rule utilities,’’ with an impact level range of and cultural resources.’’ It remains a amends Table B–1 by adding a new small to moderate, and ‘‘Public services, Category 2 issue. The final rule further Category 1 issue, ‘‘Employment and education (refurbishment),’’ with an amends Table B–1 by replacing the income, recreation and tourism,’’ which impact level range of small to large, as finding column entry, which states, includes the ‘‘tourism and recreation’’ Category 1 issues. The final rule Generally, plant refurbishment and portion of a current Table B–1 Category consolidates these two issues with the continued operations are expected to have no 1 issue, ‘‘Public services: public safety, Category 1 issue, ‘‘Public services, more than small adverse impacts on historic social services, and tourism and education (license renewal term),’’ and archaeological resources. However, the recreation.’’ The issue has an impact which has an impact level of small, and National Historic Preservation Act requires level of small. The final rule the ‘‘Public safety and social service’’ the Federal agency to consult with the State consolidates the tourism and recreation Historic Preservation Officer to determine portion of the Category 1 issue, ‘‘Public portion with the new generic analysis to services: public safety, social services, whether there are properties present that cover employment and income given require protection. See § 51.53(c)(3)(ii)(K). and tourism and recreation,’’ which also the similar nature of these issues and to has an impact level of small.38 The final with the following: facilitate the environmental review rule names the consolidated issue, Continued operations and refurbishment process. The revised GEIS provides an ‘‘Community services and education,’’ associated with license renewal are expected analysis of this consolidated issue and and classifies it as a Category 1 issue to have no more than small impacts on concludes that the impacts are generic historic and cultural resources located onsite with an impact level of small. The final to all plants undergoing license renewal. rule further amends Table B–1 by and in the transmission line ROW because The finding column entry for this issue most impacts could be mitigated by avoiding removing the entries for ‘‘Public those resources. The National Historic states, services: public utilities,’’ ‘‘Public Preservation Act (NHPA) requires the Federal Although most nuclear plants have large services, education (refurbishment),’’ agency to consult with the State Historic numbers of employees with higher than ‘‘Public services, education (license Preservation Officer (SHPO) and appropriate average wages and salaries, employment, renewal term),’’ and ‘‘Public services: Native American Tribes to determine the income, recreation, and tourism impacts from public safety, social services, and potential effects on historic properties and continued operations and refurbishment mitigation, if necessary. associated with license renewal are expected tourism and recreation,’’ and by adding to be small. the entry for ‘‘Community services and The final rule further amends Table education.’’ The finding column entry (53) Tax Revenues: The impact of B–1 by removing the words ‘‘SMALL, for the ‘‘Community services and changes to tax revenues was discussed MODERATE, or LARGE’’ from the education’’ issue states, finding column entry 37 because the in the 1996 GEIS, but was not listed in National Historic Preservation Act Table B–1. The final rule amends Table Changes resulting from continued (NHPA) requires the NRC to determine B–1 by adding a new Category 1 issue, operations and refurbishment associated with ‘‘Tax revenues,’’ to evaluate the impacts license renewal to local community and whether historic properties are present educational services would be small. With on or near the project site, and if so, of license renewal on tax revenues. The little or no change in employment at the whether the license renewal decision issue has an impact level of small. The licensee’s plant, value of the power plant, would result in any adverse effect upon finding column entry for this issue payments on energy production, and PILOT such properties. Thus, the NRC in its states, payments expected during the license plant-specific environmental review Nuclear plants provide tax revenue to local renewal term, community and educational makes the following determinations: no jurisdictions in the form of property tax services would not be affected by continued historic properties present; historic payments, payments in lieu of tax (PILOT), power plant operations. properties are present, but not adversely or tax payments on energy production. The The four issues are consolidated affected; or there is an adverse effect. amount of tax revenue paid during the because all public services are equally If continued operations and license renewal term as a result of continued affected by changes in plant operations refurbishment associated with license operations and refurbishment associated with and refurbishment associated with license renewal is not expected to change. renewal result in any adverse effects, the NHPA Section 106 process requires Refurbishment activities, such as 38 The ‘‘tourism and recreation’’ portion of the consultation with the requisite State steam generator and vessel head ‘‘Public services: public safety, social services, and replacement, have not had a noticeable tourism and recreation’’ issue was consolidated Historic Preservation Officer (SHPO) with the new generic analysis concerning effect on the value of nuclear power employment and income to form the consolidated 37 The proposed rule did not reflect this change plants, thus changes in tax revenues are Category 1 issue, ‘‘Employment and income, (74 FR 38125, 38137; July 31, 2009). not anticipated from future recreation and tourism’’ (see Issue 52).

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license renewal. Any changes in the replacing the finding column entry, rule amends Table B–1 by removing the number of workers at a nuclear power which states, entries ‘‘Occupational radiation plant will affect demand for public Transportation impacts (level of service) of exposures during refurbishment’’ and services from local communities. highway traffic generated during plant ‘‘Occupational radiation exposures Nevertheless, past environmental refurbishment and during the term of the (license renewal term)’’ and by adding reviews conducted by the NRC since the renewed license are generally expected to be an entry for ‘‘Radiation exposures to issuance of the 1996 GEIS have shown of small significance. However, the increase plant workers.’’ The finding column that the number of workers at relicensed in traffic associated with additional workers entry for the combined issue states, and the local road and traffic control nuclear power plants has not changed Occupational doses from continued significantly because of license renewal. conditions may lead to impacts of moderate or large significance at some sites. See operations and refurbishment associated with license renewal are expected to be within the Thus, no significant impacts on § 51.53(c)(3)(ii)(J). community services are anticipated range of doses experienced during the from future license renewals. In with the following: current license term and would continue to be well below regulatory limits. addition, refurbishment activities, such Changes resulting from continued as steam generator and vessel head operations and refurbishment associated with (59) Human Health Impact from replacement, have not required the large license renewal to traffic volumes would be Chemicals: The final rule amends Table numbers of workers and the months of small. B–1 by adding a new Category 1 issue, time that was conservatively analyzed As described in the revised GEIS, the ‘‘Human health impact from in the 1996 GEIS, and as such, NRC has determined that the numbers chemicals,’’ to evaluate the potential significant impacts on community of workers have not changed impacts to plant workers and members services are no longer anticipated. significantly due to license renewal, so of the public from exposure to Combining the four issues also transportation impacts from continued chemicals. The new issue has an impact facilitates the environmental review operations and refurbishment associated level of small. The finding column entry process. with license renewal are no longer for this issue states, (55) Population and Housing: The expected to be significant. Chemical hazards to plant workers final rule amends Table B–1 by resulting from continued operations and Human Health renaming the Category 2 issue, refurbishment associated with license ‘‘Housing impacts,’’ with an impact (57) Radiation Exposures to the renewal are expected to be minimized by the level range of small to large, to Public: The final rule amends Table B– licensee implementing good industrial hygiene practices as required by permits and ‘‘Population and housing.’’ The final 1 by consolidating two Category 1 issues, ‘‘Radiation exposures to the Federal and State regulations. Chemical rule reclassifies this issue as a Category releases to the environment and the potential 1 issue with an impact level of small. As public during refurbishment’’ and for impacts to the public are expected to be described in the revised GEIS, the ‘‘Radiation exposure to public (license minimized by adherence to discharge availability and value of housing are renewal term)’’ and names the limitations of NPDES and other permits. directly affected by changes in consolidated issue, ‘‘Radiation The evaluation addresses the population. The final rule further exposures to the public.’’ The potential impact of chemicals on human amends Table B–1 by removing the consolidated issue is a Category 1 issue health resulting from normal operations entry for ‘‘Housing impacts,’’ and by with an impact level of small. These of a nuclear power plant during the adding an entry for ‘‘Population and issues are consolidated given their license renewal term. Impacts of housing.’’ The finding column entry for similar nature and to facilitate the chemical exposure to human health are this issue states, environmental review process. The final considered to be small if the use of rule amends Table B–1 by removing the Changes resulting from continued chemicals within the plant is in operations and refurbishment associated with entries for ‘‘Radiation exposures to the accordance with industrial safety guides license renewal to regional population and public during refurbishment’’ and and discharges of chemicals to water housing availability and value would be ‘‘Radiation exposure to public (license bodies are within effluent limitations small. With little or no change in renewal term)’’ and by adding an entry designed to ensure protection of water employment at the licensee’s plant expected for ‘‘Radiation exposures to the public.’’ quality and aquatic life. during the license renewal term, population The finding column entry for this The disposal of hazardous chemicals and housing availability and values would consolidated issue states, not be affected by continued power plant used at nuclear power plants by operations. Radiation doses to the public from licensees is subject to the RCRA and the continued operations and refurbishment CWA (which requires licensees to hold As described in the revised GEIS, the associated with license renewal are expected an NPDES permit). Adherence by the NRC has determined that the impacts of to continue at current levels, and would be licensee to these statutory requirements continued operations and refurbishment well below regulatory limits. should minimize adverse impacts to the activities on population and housing (58) Radiation Exposures to Plant environment, workers, and the public. It during the license renewal term would Workers: The final rule amends Table is anticipated that all plants would be small. Moreover, any impacts are not B–1 by consolidating two Category 1 continue to operate in compliance with dependent on the socioeconomic setting issues, ‘‘Occupational radiation all applicable permits and that no of the nuclear power plant and are exposures during refurbishment’’ and mitigation measures beyond those generic to all plants. ‘‘Occupational radiation exposures implemented during the current license (56) Transportation: The final rule (license renewal term)’’ and names the term would be warranted as a result of amends Table B–1 by reclassifying the consolidated issue, ‘‘Radiation license renewal. Category 2 issue, ‘‘Public services, exposures to plant workers.’’ The A review of the documents, as Transportation,’’ with an impact level consolidated issue is a Category 1 issue referenced in the revised GEIS, range of small to large, as a Category 1 with an impact level of small. These operating monitoring reports, and issue with an impact level of small, and issues are consolidated given their consultations with utilities and renaming it ‘‘Transportation.’’ The final similar nature and to facilitate the regulatory agencies that were performed rule further amends Table B–1 by environmental review process. The final for the 1996 GEIS, indicated that the

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effects of the discharge of chlorine and (62) Chronic Effects of nuclear power plant operations during other biocides on water quality have Electromagnetic Fields (EMFs): The final the license renewal term. The issue has been of small significance for all power rule amends Table B–1 by renaming the an impact level of small. The finding plants. Small quantities of biocides are ‘‘Electromagnetic fields, chronic effects’’ column entry for this issue states, readily dissipated and/or are chemically issue as ‘‘Chronic effects of Occupational safety and health hazards are altered in the body of water receiving electromagnetic fields (EMFs).’’ It generic to all types of electrical generating them, so significant cumulative impacts remains an uncategorized issue with an stations, including nuclear power plants, and to water quality would not be expected. impact level of uncertain because there are of small significance if the workers The NRC expects no major changes in is no national scientific consensus on adhere to safety standards and use protective the operation of plant cooling systems the potential impacts from chronic equipment as required by Federal and State during the license renewal term, so no exposure to EMFs. The final rule further regulations. changes are anticipated in the effects of amends Table B–1 by replacing the Through a Memorandum of biocide discharges on the quality of the finding column entry, which states, Understanding (53 FR 43950; October receiving waters. The EPA and the Biological and physical studies of 60-Hz 31, 1988) between the NRC and the States regulate discharges of sanitary electromagnetic fields have not found Occupational Safety and Health wastes and heavy metals through consistent evidence linking harmful effects Administration (OSHA), plant NPDES permits. The NRC considers with field exposures. However, research is conditions that result in an occupational discharges that do not violate the permit continuing in this area and a consensus risk, but do not affect the safety of limits to be of small significance. The scientific view has not been reached. licensed radioactive materials, are under effects of minor chemical discharges with the following: the statutory authority of OSHA rather and spills on water quality are also Studies of 60-Hz EMFs have not uncovered than the NRC. Nevertheless, the impact expected to be of small significance consistent evidence linking harmful effects of physical occupational hazards on during the license renewal term, and the with field exposures. EMFs are unlike other human health has been raised by the appropriate regulating agencies would agents that have a toxic effect (e.g., toxic public, as well as Federal and State require the licensee to mitigate these chemicals and ionizing radiation) in that agencies during the license renewal discharges and spills as needed. dramatic acute effects cannot be forced and process. As such, this issue has been longer-term effects, if real, are subtle. (60) Microbiological Hazards to the added to allow for a more complete Because the state of the science is currently analysis of the human health impact of Public (Plants with Cooling Ponds or inadequate, no generic conclusion on human Canals or Cooling Towers that Discharge health impacts is possible. continued power plant operation during the license renewal term. Occupational to a River): The final rule amends Table Although there is no conclusion as to B–1 by renaming the ‘‘Microbiological hazards can be minimized by licensees the impact level, and this issue is not when workers adhere to safety organisms (public health) (plants using considered to be a Category 1 issue in lakes or canals, or cooling towers or standards and use appropriate the sense that a generic conclusion on protective equipment, although fatalities cooling ponds that discharge to a small the impact level has not been reached, river)’’ issue as ‘‘Microbiological and injuries from accidents can still this issue will be treated uniformly in occur. Data for occupational injuries in hazards to the public (plants with plant-specific SEISs by essentially cooling ponds or canals or cooling 2005 obtained from the U.S. Bureau of providing the discussion appearing in Labor Statistics indicate that the rate of towers that discharge to a river).’’ The this issue’s finding column entry in issue remains a Category 2 issue, with fatal injuries in the utility sector is less Table B–1 until a national scientific than the rate for many sectors (e.g., an impact level range of small to large. consensus has been reached. The final rule further amends Table B– construction, transportation and The final rule further amends Table warehousing, agriculture, forestry, 1 by replacing the finding column entry, B–1 by appending a footnote to the issue which states, fishing and hunting, wholesale trade, column entry for ‘‘Chronic Effects of and mining) and that the incidence rate These organisms are not expected to be a Electromagnetic Fields (EMFs),’’ for nonfatal occupational injuries and problem at most operating plants except concerning the extent to which illnesses is the least for electric power possibly at plants using cooling ponds, lakes, transmission lines and their associated or canals that discharge to small rivers. generation, followed by electric power right of ways have been analyzed under transmission control and distribution. It Without site-specific data, it is not possible the revised GEIS. This footnote is the to predict the effects generically. See is expected that over the license renewal § 51.53(c)(3)(ii)(G). same one that was added to Issue 3, term, licensees would ensure that their ‘‘Offsite land use in transmission line with the following: workers continue to adhere to safety right-of-ways (ROWs).’’ See the standards and use protective equipment, These organisms are not expected to be a description of the changes made by the so adverse occupational impacts would problem at most operating plants except final rule to Issue 3 for further be of small significance at all sites. possibly at plants using cooling ponds, lakes, explanation of this amendment. In (64) Electric Shock Hazards: The final or canals, or that discharge into rivers. addition, the final rule retains the rule amends Table B–1 by renaming the Impacts would depend on site-specific footnote that was appended to issue characteristics. ‘‘Electromagnetic fields, acute effects column entry but renumbers that (electric shock)’’ issue as ‘‘Electric shock (61) Microbiological Hazards to Plant footnote from ‘‘5’’ to ‘‘6’’ and retains the hazards.’’ It remains a Category 2 issue Workers: The final rule amends Table footnote that was appended to category with an impact level range of small to B–1 by renaming the ‘‘Microbiological column entry but renumbers that large. The final rule further amends organisms (occupational health)’’ issue footnote from ‘‘4’’ to ‘‘5.’’ Table B–1 by replacing the finding as ‘‘Microbiological hazards to plant (63) Physical Occupational Hazards: column entry, which states, workers.’’ It remains a Category 1 issue The final rule amends Table B–1 by with an impact level of small. The final adding a new Category 1 issue, Electrical shock resulting from direct access to energized conductors or from rule amends Table B–1 by adding the ‘‘Physical occupational hazards,’’ to induced charges in metallic structures have phrase ‘‘as required by permits and evaluate the potential impact of not been found to be a problem at most Federal and State regulations’’ to the physical occupational hazards on operating plants and generally are not end of the finding column entry. human health resulting from normal expected to be a problem during the license

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renewal term. However, site-specific review August 24, 2004) states, ‘‘the NRC is any individual plant at licensed sites are is required to determine the significance of committed to the general goals of E.O. small. In addition, the Commission the electric shock potential at the site. See 12898, [and] it will strive to meet those concludes that there is reasonable assurance § 51.53(c)(3)(ii)(H). goals through its normal and traditional that sufficient low-level waste disposal with the following: capacity will be made available when needed NEPA review process.’’ Guidance for for facilities to be decommissioned consistent Electrical shock potential is of small implementing E.O. 12898 was not with NRC decommissioning requirements. significance for transmission lines that are available prior to the completion of the operated in adherence with the National 1996 GEIS. By making this a Category 2 with the following: Electrical Safety Code (NESC). Without a issue, the final rule requires license The comprehensive regulatory controls review of conformance with NESC criteria of renewal applicants to identify, in their that are in place and the low public doses each nuclear power plant’s in-scope environmental reports, minority and being achieved at reactors ensure that the transmission lines, it is not possible to radiological impacts to the environment generically determine the significance of the low-income populations and communities residing in the vicinity of would remain small during the license electrical shock potential. renewal term. the nuclear power plant. The final rule’s change to the finding The final rule amends Table B–1 by (69) Onsite Storage of Spent Nuclear column entry reflects the analysis in the replacing the finding column entry, Fuel: The final rule amends Table B–1 revised GEIS concerning the potential of which states, by renaming the ‘‘Onsite spent fuel’’ electrical shock from transmission lines. issue as ‘‘Onsite storage of spent nuclear The final rule further amends Table B– The need for and the content of an analysis of environmental justice will be addressed in fuel.’’ It remains a Category 1 issue with 1 by appending a footnote to the issue plant-specific reviews. an impact level of small. As described column entry for ‘‘Electric shock in Section V, ‘‘Related Issues of with the following: hazards,’’ concerning the extent to Importance,’’ of this document, the final which transmission lines and their Impacts to minority and low-income rule revises the finding column entry for associated right of ways have been populations and subsistence consumption this issue to reflect the D.C. Circuit’s analyzed under the revised GEIS. This resulting from continued operations and decision in New York v. NRC and the footnote is the same one that was added refurbishment associated with license renewal will be addressed in plant-specific NRC’s planned response thereto. to Issue 3, ‘‘Offsite land use in Specifically, the final rule reduces the transmission line right-of-ways reviews. See NRC Policy Statement on the Treatment of Environmental Justice Matters period of time covered by this issue (ROWs).’’ See the description of the in NRC Regulatory and Licensing Actions (69 from the period of extended license changes made by the final rule to Issue FR 52040; August 24, 2004). (from approval of the license renewal 3 for further explanation of this application to the expiration of the amendment. The final rule does not adopt the proposed rule’s impact range of small to operating license) plus 30 years after the Postulated Accidents moderate for this issue as E.O. 12898 permanent shutdown of the reactor and expiration of the operating license to the (65) Design-Basis Accidents and (66) requires a determination of whether human health and environmental effects period of extended license only. The Severe Accidents: ‘‘Design-basis final rule amends Table B–1 by accidents,’’ and ‘‘Severe accidents,’’ of continued operations during the license renewal term and refurbishment replacing the finding column entry, with impact levels of small, remain which states, Category 1 and 2 issues, respectively. associated with license renewal on The final rule amends Table B–1 by minority and low-income populations The expected increase in the volume of making minor clarifying changes to the would be disproportionately high and spent fuel from an additional 20 years of finding column entries for both of these adverse. This determination will be operation can be safely accommodated on made by the NRC in each plant-specific site with small environmental effects through issues. dry or pool storage at all plants if a SEIS. Environmental Justice permanent repository or monitored The final rule removes the footnote retrievable storage is not available. (67) Minority and Low-Income from the category column entry for this Populations: The final rule amends issue and removes footnote ‘‘6’’ from with the following: Table B–1 by adding a new Category 2 Table B–1 as footnote ‘‘6’’ is no longer The expected increase in the volume of issue, ‘‘Minority and low-income necessary. spent fuel from an additional 20 years of populations,’’ to evaluate the impacts of operation can be safely accommodated onsite Waste Management continued operations and any during the license renewal term with small refurbishment activities during the (68) Low-Level Waste Storage and environmental effects through dry or pool storage at all plants. license renewal term on minority and Disposal: This issue remains a Category low-income populations living in the 1 issue with an impact level of small. (70) Offsite Radiological Impacts of vicinity of the plant. This issue was The final rule amends Table B–1 by Spent Nuclear Fuel and High-Level listed in Table B–1, prior to this final replacing the finding column entry, Waste Disposal: The final rule amends rule, but was not evaluated in the 1996 which states, Table B–1 by renaming the ‘‘Offsite GEIS. In that table the finding column The comprehensive regulatory controls radiological impacts (spent fuel and entry for this issue states, ‘‘[t]he need for that are in place and the low public doses high level waste disposal)’’ issue as and the content of an analysis of being achieved at reactors ensure that the ‘‘Offsite radiological impacts of spent environmental justice will be addressed radiological impacts to the environment will nuclear fuel and high-level waste in plant-specific reviews.’’ remain small during the term of a renewed disposal.’’ As described in Section V Executive Order 12898 (59 FR 7629; license. The maximum additional on-site ‘‘Related Issues of Importance,’’ of this February 16, 1994) initiated the Federal land that may be required for low-level waste document, the final rule revises the storage during the term of a renewed license government’s environmental justice and associated impacts will be small. finding column entry for this issue to program. The NRC’s ‘‘Policy Statement Nonradiological impacts on air and water reflect the D.C. Circuit’s decision in New on the Treatment of Environmental will be negligible. The radiological and York v. NRC and the NRC’s planned Justice Matters in NRC Regulatory and nonradiological environmental impacts of response thereto. Specifically, the final Licensing Actions’’ (69 FR 52040; long-term disposal of low-level waste from rule reclassifies this issue from Category

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1, with no impact level assigned, to an the license renewal term. Facilities and Off-site impacts of the uranium fuel cycle uncategorized issue with an impact procedures are in place to ensure continued have been considered by the Commission in level of uncertain. The final rule proper handling, storage, and disposal, as Table S–3 of this part. Based on information removes the description in the finding well as negligible exposure to toxic materials in the GEIS, impacts on individuals from for the public and the environment at all radioactive gaseous and liquid releases column entry and replaces it with the plants. including radon-222 and technetium-99 are following: ‘‘Uncertain impact. The small. generic conclusion on offsite Cumulative Impacts with the following: radiological impacts of spent nuclear (73) Cumulative Impacts: The final fuel and high-level waste is not being rule amends Table B–1 by adding a new The impacts to the public from radiological finalized pending the completion of a Category 2 issue, ‘‘Cumulative impacts,’’ exposures have been considered by the generic environmental impact statement Commission in Table S–3 of this part. Based to evaluate the potential cumulative on information in the GEIS, impacts to on waste confidence.’’ Upon issuance of impacts of license renewal. The term individuals from radioactive gaseous and the generic EIS and revised Waste ‘‘cumulative impacts’’ is defined in 10 liquid releases, including radon-222 and Confidence Rule, the NRC will make CFR 51.14(b) by reference to the CEQ technetium-99, would remain at or below the any necessary confirming amendments regulations, 40 CFR 1508.7, as ‘‘the NRC’s regulatory limits. to this rule. impact on the environment which (75) Offsite Radiological Impacts— (71) Mixed-Waste Storage and results from the incremental impact of Collective Impacts from Other than the Disposal: This issue remains a Category the action when added to other past, Disposal of Spent Fuel and High-Level 1 issue with an impact level of small. present, and reasonably foreseeable Waste: The final rule amends Table The final rule amends Table B–1 by future actions regardless of what agency B–1 by renaming the ‘‘Offsite replacing the finding column entry for (Federal or non-Federal) or person radiological impacts (collective effects)’’ this issue, which states, undertakes such other actions.’’ issue as ‘‘Offsite radiological impacts— The comprehensive regulatory controls and For the purposes of analysis, past collective impacts from other than the the facilities and procedures that are in place actions are considered to be when the disposal of spent fuel and high-level ensure proper handling and storage, as well nuclear power plant was licensed and waste.’’ It remains a Category 1 issue as negligible doses and exposure to toxic constructed, present actions are related materials for the public and the environment with no impact level assigned. The final to current plant operations, and future rule further amends Table B–1 by at all plants. License renewal will not actions are those that are reasonably increase the small, continuing risk to human replacing the finding column entry, health and the environment posed by mixed foreseeable through the end of plant which states, waste at all plants. The radiological and operations including the license The 100 year environmental dose nonradiological environmental impacts of renewal term. The geographic area over commitment to the U.S. population from the long-term disposal of mixed waste from any which past, present, and future actions fuel cycle, high level waste and spent fuel individual plant at licensed sites are small. are assessed depends on the affected disposal excepted, is calculated to be about In addition, the Commission concludes that resource. there is reasonable assurance that sufficient 14,800 person rem, or 12 cancer fatalities, for The final rule requires license each additional 20-year power reactor mixed waste disposal capacity will be made renewal applicants to identify other available when needed for facilities to be operating term. Much of this, especially the decommissioned consistent with NRC past, present, and reasonably contribution of radon releases from mines decommissioning requirements. foreseeable future actions, such as the and tailing piles, consists of tiny doses construction and operation of other summed over large populations. This same with the following: power plants and other industrial and dose calculation can theoretically be The comprehensive regulatory controls and commercial facilities in the vicinity of extended to include many tiny doses over the facilities and procedures that are in place additional thousands of years as well as the nuclear power plant. The finding doses outside the U.S. The result of such a ensure proper handling and storage, as well column entry for this issue states, as negligible doses and exposure to toxic calculation would be thousands of cancer materials for the public and the environment Cumulative impacts of continued fatalities from the fuel cycle, but this result at all plants. License renewal would not operations and refurbishment associated with assumes that even tiny doses have some increase the small, continuing risk to human license renewal must be considered on a statistical adverse health effect which will health and the environment posed by mixed plant-specific basis. Impacts would depend not ever be mitigated (for example no cancer waste at all plants. The radiological and on regional resource characteristics, the cure in the next thousand years), and that nonradiological environmental impacts of resource-specific impacts of license renewal, these doses projected over thousands of years long-term disposal of mixed waste from any and the cumulative significance of other are meaningful. However, these assumptions individual plant at licensed sites are small. factors affecting the resource. are questionable. In particular, science cannot rule out the possibility that there will (72) Nonradioactive Waste Storage Uranium Fuel Cycle be no cancer fatalities from these tiny doses. and Disposal: The final rule amends (74) Offsite Radiological Impacts— For perspective, the doses are very small Table B–1 by renaming the issue Individual Impacts from Other than the fractions of regulatory limits, and even ‘‘Nonradiological waste’’ as smaller fractions of natural background Disposal of Spent Fuel and High-Level exposure to the same populations. ‘‘Nonradiological waste storage and Waste: The final rule amends Table disposal.’’ It remains a Category 1 issue, Nevertheless, despite all the uncertainty, B–1 by renaming the ‘‘Offsite some judgment as to the regulatory NEPA with an impact level of small. The final radiological impacts (individual effects rule further amends Table B–1 by implications of these matters should be made from other than the disposal of spent and it makes no sense to repeat the same replacing the finding column entry, fuel and high level waste)’’ issue as judgment in every case. Even taking the which states, ‘‘Offsite radiological impacts— uncertainties into account, the Commission No changes to generating systems are individual impacts from other than the concludes that these impacts are acceptable anticipated for license renewal. Facilities and disposal of spent fuel and high-level in that these impacts would not be sufficiently large to require the NEPA procedures are in place to ensure continued waste.’’ This issue remains a Category 1 proper handling and disposal at all sites. conclusion, for any plant, that the option of issue with an impact level of small. The extended operation under 10 CFR Part 54 with the following: final rule further amends Table B–1 by should be eliminated. Accordingly, while the No changes to systems that generate replacing the finding column entry, Commission has not assigned a single level nonradioactive waste are anticipated during which states, of significance for the collective effects of the

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fuel cycle, this issue is considered Category ‘‘Socioeconomic impacts,’’ each with an modifications directly affecting the 1. impact level of small. The final rule environment or any plant effluents, and with the following: names the consolidated issue, any planned refurbishment activities.’’ ‘‘Termination of plant operations and There are no regulatory limits applicable to Sections 51.53(c)(3)(ii)(A), (B), (C), and collective doses to the general public from decommissioning.’’ The consolidated (E) fuel-cycle facilities. The practice of issue is a Category 1 issue with an estimating health effects on the basis of impact level of small. For those applicants seeking an initial collective doses may not be meaningful. All The final rule further amends Table license renewal and holding either an fuel-cycle facilities are designed and B–1 by removing the entries for operating license, construction permit, operated to meet the applicable regulatory ‘‘Radiation doses,’’ ‘‘Waste or combined license as of June 30, 1995, limits and standards. The Commission management,’’ ‘‘Air quality,’’ ‘‘Water the environmental report shall include concludes that the collective impacts are quality,’’ ‘‘Ecological resources,’’ and the information required in 10 CFR acceptable. ‘‘Socioeconomic impacts,’’ and, by 51.53(c)(2) but is not required to contain The Commission concludes that the assessments of the environmental impacts would not be sufficiently large to adding an entry for ‘‘Termination of plant operations and impacts of certain license renewal require the NEPA conclusion, for any plant, issues identified as Category 1 that the option of extended operation under decommissioning.’’ The finding column 10 CFR Part 54 should be eliminated. entry for the consolidated issue states, (generically analyzed) issues in Appendix B to Subpart A of 10 CFR part Accordingly, while the Commission has not License renewal is expected to have a assigned a single level of significance for the 51. The environmental report must negligible effect on the impacts of contain analyses of the environmental collective impacts of the uranium fuel cycle, terminating operations and decommissioning this issue is considered Category 1. on all resources. impacts of the proposed action, including the impacts of refurbishment (76) Nonradiological Impacts of the The 1996 GEIS analysis indicates that Uranium Fuel Cycle: The final rule activities, if any, associated with license the six decommissioning issues are renewal and the impacts of operation amends Table B–1 by making minor expected to be small at all nuclear clarifying changes to the finding column during the renewal term, for those power plant sites. The new issue issues identified as Category 2 (plant- entry for this issue. This issue remains addresses the impacts from terminating a Category 1 issue with an impact level specific analysis required) issues in nuclear power plant operations and Appendix B to Subpart A of 10 CFR part of small. plant decommissioning. Termination of (77) Transportation: This issue 51 and must include consideration of nuclear power plant operations results remains a Category 1 issue with an alternatives for reducing adverse in the cessation of many routine plant impact level of small. The final rule impacts of Category 2 issues. In operations as well as a significant amends Table B–1 by replacing the addition, the environmental report must reduction in the plant’s workforce. It is finding column entry for this issue, contain any new and significant assumed that termination of plant which states, information regarding the operations would not lead to the environmental impacts of license The impacts of transporting spent fuel immediate decommissioning and renewal of which the applicant is aware. enriched up to 5 percent uranium-235 with dismantlement of the reactor or other The required analyses are listed in 10 average burnup for the peak rod to current power plant infrastructure. CFR 51.53(c)(3)(ii)(A)–(P). levels approved by NRC up to 62,000 MWd/ The final rule language for 10 CFR MTU and the cumulative impacts of The final rule consolidates the six transporting high-level waste to a single decommissioning issues and the 51.53(c)(3)(ii)(A), (B), (C), (E), (F), (G), repository, such as Yucca Mountain, Nevada termination of nuclear power plant (I), (J), (K), and (N) consists of changes are found to be consistent with the impact operations issue into one Category 1 to conform to the final changes in Table values contained in 10 CFR 51.52(c), issue to facilitate the environmental B–1, which in turn, reflects the revised Summary Table S–4—Environmental Impact review process. For further information GEIS. The modified paragraphs more of Transportation of Fuel and Waste to and about the environmental effects of accurately reflect the specific from One Light-Water-Cooled Nuclear Power decommissioning, see the ‘‘2002 information needed in the Reactor. If fuel enrichment or burnup Generic Environmental Impact environmental report that will help the conditions are not met, the applicant must NRC conduct the environmental review submit an assessment of the implications for Statement on Decommissioning of the environmental impact values reported in Nuclear Facilities: Regarding the of the proposed action. § 51.52. Decommissioning of Nuclear Power Section 51.53(c)(3)(ii)(A) is revised to Reactors,’’ NUREG–0586. incorporate the findings of the revised with the following: GEIS and to require applicants to The impacts of transporting materials to IX. Section-by-Section Analysis provide information in their and from uranium-fuel-cycle facilities on The following section-by-section environmental reports regarding water workers, the public, and the environment are analysis discusses the sections in 10 use conflicts encompassing water expected to be small. CFR part 51 that are being amended as availability and competing water a result of the final rule. demands, and related impacts on stream Termination of Nuclear Power Plant (aquatic) and riparian (terrestrial) Section 51.53(c)(2) Operations and Decommissioning communities. The numerical definition (78) Termination of Plant Operations The NRC is clarifying the required for a low flow river has also been and Decommissioning: The final rule contents of the license renewal deleted requiring that applicants amends Table B–1 by consolidating a environmental report, which applicants withdrawing makeup water for cooling new Category 1 issue, ‘‘Termination of must submit in accordance with 10 CFR towers or cooling ponds from any river nuclear power plant operations’’ with 54.23, ‘‘Contents of application— provide a plant-specific assessment of six other Category 1 issues related to the environmental information,’’ by revising water use conflicts in their decommissioning of a nuclear power the second sentence in this environmental reports. plant: ‘‘Radiation doses,’’ ‘‘Waste subparagraph to read, ‘‘This report must Section 51.53(c)(3)(ii)(B) is revised to management,’’ ‘‘Air quality,’’ ‘‘Water describe in detail the affected replace ‘‘heat shock’’ with ‘‘thermal quality,’’ ‘‘Ecological resources,’’ and environment around the plant, the changes’’ to reflect the final changes in

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Table B–1 as described earlier in this planned refurbishment activities, and not contain these terms nor does the document under ‘‘Aquatic Resources’’ ongoing and future plant operations. NRC use these terms in SEISs. The only environmental impact Issue 39, instance in past NRC practice in which Section 51.53(c)(3)(ii)(O) ‘‘Thermal impacts on aquatic organisms an ‘‘open’’ or ‘‘resolved’’ Category 2 (plants with once-through cooling The final rule adds a new paragraph issue arises is for the Category 2 ‘‘Severe systems or cooling ponds).’’ 10 CFR 51.53 (c)(3)(ii)(O) to require accidents’’ issue. The ‘‘Severe Section 51.53(c)(3)(ii)(C) is revised to license renewal applicants to provide accidents’’ issue requires the delete the reference to ‘‘Ranney wells’’ information about other past, present, preparation of a severe accident to conform to the final changes made in and reasonably foreseeable future mitigation alternatives (SAMA) analysis the revised Table B–1. actions occurring in the vicinity of the as a prerequisite to license renewal. If a Section 51.53(c)(3)(ii)(E) is revised to nuclear power plant that may result in license renewal applicant had not yet expressly include nuclear power plant a cumulative effect. performed a SAMA analysis for a given plant, then the issue would remain continued operations within the scope Section 51.53(c)(3)(ii)(P) of the impacts to be assessed by license ‘‘open’’ pending the completion of a renewal applicants. The paragraph is The final rule adds a new paragraph SAMA analysis. Some licensees, further revised to expand the scope of 10 CFR 51.53 (c)(3)(ii)(P) to require the however, have already performed a the provision to include all Federal license renewal applicant to assess the SAMA analysis at some point. Thus, if wildlife protection laws and essential impact of any documented inadvertent a license renewal applicant had fish habitat under the MSA. releases of radionuclides to performed a SAMA analysis for a groundwater. The assessment must particular plant, then the issue would be Section 51.53(c)(3)(ii)(F) include a description of any considered ‘‘resolved,’’ and there would The final rule removes and reserves groundwater protection program used be no need to repeat a SAMA analysis 10 CFR 51.53(c)(3)(ii)(F) because the for the surveillance of piping and as part of a license renewal application. final rule changes the Category 2 issue, components containing radioactive As the finding column entry for ‘‘Severe ‘‘Air quality during refurbishment liquids for which a pathway to accidents’’ already provides for a (nonattainment and maintenance groundwater may exist. The assessment previously prepared SAMA analysis, areas),’’ to Category 1, ‘‘Air quality must also include a description of any and the ‘‘open’’ or ‘‘resolved’’ impacts (all plants).’’ past inadvertent releases, including the terminology is not used in connection projected impact to the environment with any other GEIS issue, there is no Section 51.53(c)(3)(ii)(G) (e.g., aquifers, rivers, lakes, ponds) need to retain this language in the The final rule language for 10 CFR during the license renewal term. second sentence of 10 CFR 51.95(c)(4). 51.53(c)(3)(ii)(G) is revised to delete the Section 51.71(d) Table B–1 numerical definition for a low flow river to conform to the final changes made in The final rule language for 10 CFR The final rule revises Table B–1 to the revised Table B–1. 51.71(d) is revised to make minor follow the organizational format of the conforming changes to clarify the revised GEIS. Environmental issues in Section 51.53(c)(3)(ii)(I) readability and to include the analysis Table B–1 are arranged by resource area. The final rule removes and reserves of cumulative impacts. Cumulative The environmental impacts of license 10 CFR 51.53(c)(3)(ii)(I) because several impacts were not addressed in the 1996 renewal activities, including plant Category 2 socioeconomic issues are GEIS, but are currently being evaluated operations and refurbishment along reclassified as Category 1. by the NRC in plant-specific with replacement power alternatives, supplements to the GEIS. The NRC is are addressed in each resource area. Section 51.53(c)(3)(ii)(J) modifying this paragraph to more Table B–1 organizes environmental The final rule removes and reserves accurately reflect the cumulative impact issues under the following 10 CFR 51.53(c)(3)(ii)(J) because the impacts analysis conducted for resource areas: (1) Land use; (2) visual final rule changes the Category 2 issue, environmental reviews of the proposed resources; (3) air quality; (4) noise; (5) ‘‘Public services, Transportation,’’ to action. geologic environment; (6) surface water Category 1, ‘‘Transportation.’’ resources; (7) groundwater resources; (8) Section 51.95(c) terrestrial resources; (9) aquatic Section 51.53(c)(3)(ii)(K) The final rule language revisions to resources; (10) special status species The final rule language for 10 CFR the introductory text of 10 CFR 51.95(c) and habitats; (11) historic and cultural 51.53(c)(3)(ii)(K) is revised to more are administrative in nature and replace resources; (12) socioeconomics; (13) accurately reflect the specific the reference to the 1996 GEIS for human health; (14) postulated information needed in the license renewal of nuclear power plants accidents; (15) environmental justice; environmental report that will help the with a reference to the revised GEIS. (16) waste management; (17) cumulative NRC conduct the environmental review impacts; (18) uranium fuel cycle; and Section 51.95(c)(4) of the proposed action. (19) termination of nuclear power plant The final rule removes the terms operations and decommissioning. Section 51.53(c)(3)(ii)(N) ‘‘resolved Category 2 issues’’ and ‘‘open Discussions of the environmental The final rule adds a new paragraph Category 2 issues’’ from the second impact issues in each resource area and 10 CFR 51.53 (c)(3)(ii)(N) to require sentence of 10 CFR 51.95(c)(4), makes classification of issues into Category 1 license renewal applicants to provide other clarifying changes to enhance the or Category 2 are provided in Section information on the general demographic readability of the sentence, corrects a VIII, ‘‘Final Actions and Basis for composition of minority and low- typographical error, and removes Changes to Table B–1’’ of this income populations and communities otherwise ambiguous or unnecessary document. Additional changes to Table (by race and ethnicity) residing in the language. The terms ‘‘resolved Category B–1 in the final rule were discussed immediate vicinity of the plant that 2 issues’’ and ‘‘open Category 2 issues’’ previously in applicable resource areas could be affected by the renewal of the are not defined nor used in 10 CFR part in Section VIII. Footnote 1 was updated plant’s operating license, including any 51. In addition, the revised GEIS does to reference the revised GEIS. A minor

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edit was made to footnote 2, clause (3), The revised GEIS is intended to environmental concerns associated with to improve clarity. Footnote 4 was improve the efficiency of the license license renewal as described in 10 CFR added to define the in-scope electric renewal process by (1) Providing an part 51. transmission lines. Consequently, the evaluation of the types of environmental previous footnotes 4 and 5 were impacts that may occur from renewing XI. Agreement State Compatibility renumbered as footnotes 5 and 6, commercial nuclear power plant Under the ‘‘Policy Statement on respectively. The previous footnote 6 operating licenses, (2) identifying and Adequacy and Compatibility of was deleted, as it is no longer needed. assessing impacts that are expected to Agreement States Programs,’’ approved be generic (the same or similar) at all X. Guidance Documents by the Commission on June 20, 1997, nuclear power plants (or plants with and published in the Federal Register In the Rules and Regulations section specific plant or site characteristics), of this issue of the Federal Register, the (62 FR 46517), this rule is classified as and (3) defining the number and scope compatibility category ‘‘NRC.’’ NRC is providing notice of the of environmental impact issues that availability of three additional Agreement State Compatibility is not need to be addressed in plant-specific required for Category ‘‘NRC’’ documents related to this final rule: (1) supplemental EISs. The content of the A revised GEIS, NUREG–1437, ‘‘Generic regulations. The NRC program elements revised GEIS is discussed further in in this category are those that relate Environmental Impact statement for Section III, ‘‘Discussion,’’ of this directly to areas of regulation reserved License Renewal of Nuclear Plants,’’ document. to the NRC by the Atomic Energy Act of Vol. 1, ‘‘Main Report’’ (ADAMS Revision 1 of RG 4.2, Supplement 1, Accession No. ML13106A241); Vol. 2, provides general procedures for the 1954, as amended, or the provisions of ‘‘Public Comments’’ (ADAMS Accession preparation of environmental reports, Title 10 of the CFR. Although an No. ML13106A242); and Vol. 3, which are submitted as part of the Agreement State may not adopt program ‘‘Appendices’’ (ADAMS Acession No. license renewal application for a elements reserved to the NRC, it may ML13106A244); (2) Revision 1 of nuclear power plant in accordance with wish to inform its licensees of certain Environmental Standard Review Plan 10 CFR part 54. More specifically, this requirements via a mechanism that is (ESRP), NUREG–1555, Supplement 1, revised RG explains the criteria for consistent with the particular State’s ‘‘Standard Review Plans for addressing Category 2 issues in the administrative procedure laws. Category Environmental Reviews for Nuclear environmental report as required by the ‘‘NRC’’ regulations do not confer Power Plants, Supplement 1: Operating revisions to 10 CFR part 51 under the regulatory authority on the State. License Renewal’’ (ADAMS Acession final rule. XII. Availability of Documents No. ML13106A246); and (3) Revision 1 The revised ESRP provides guidance of Regulatory Guide 4.2, Supplement 1, to the NRC staff on how to conduct a The NRC is making the documents ‘‘Preparation of Environmental Reports license renewal environmental review. identified in the following table for Nuclear Power Plant License The ESRP parallels the format in RG 4.2. available to interested persons through Renewal Applications’’ (ADAMS The primary purpose of the ESRP is to one or more of the methods provided in Acession No. ML13067A354). ensure that these reviews focus on those the ADDRESSES section of this document.

ADAMS Accession Document PDR Web No.

NUREG–1437, Revision 1, ‘‘Generic Environmental Impact Statement for License Re- X X ML13106A241 newal of Nuclear Plants,’’ Vol. 1, ‘‘Main Report’’. NUREG–1437, Revision 1, ‘‘Generic Environmental Impact Statement for License Re- X X ML13106A242 newal of Nuclear Plants,’’ Vol. 2, ‘‘Public Comments’’. NUREG–1437, Revision 1, ‘‘Generic Environmental Impact Statement for License Re- X X ML13106A244 newal of Nuclear Plants,’’ Vol. 3, ‘‘Appendices’’. Regulatory Guide 4.2, Supplement 1, Revision 1, ‘‘Preparation of Environmental Reports X X ML13067A354 for Nuclear Power Plant License Renewal Applications’’. NUREG–1555, Supplement 1, Revision 1, ‘‘Standard Review Plans for Environmental X X ML13106A246 Reviews for Nuclear Power Plants, Supplement 1: Operating License Renewal’’. Regulatory Analysis for RIN 3150–AI42, Final Rulemaking Revisions to Environmental X X ML13029A471 Review for Renewal of Nuclear Power Plant Operating Licenses. OMB Supporting Statement for RIN 3150–AI42, Final Rulemaking Revisions to Environ- X X ML110760342 mental Review for Renewal of Nuclear Power Plant Operating Licenses. SECY–12–0063, Final Rule: Revisions to Environmental Protection Regulations for the X X ML110760033 Renewal of Nuclear Power Plant Operating Licenses (10 CFR part 50; RIN 3150– AI42) (April 20, 2012). Staff Requirements Memorandum for SECY–12–0063 (December 6, 2012) ...... X X ML12341A134 Meeting Between the U.S. Nuclear Regulatory Commission and Public Stakeholders X X ML11182B535 Concerning Implementation of Final Rule for Revisions to the Environmental Protec- tion Regulations for the Renewal of Nuclear Power Plant Operating Licenses and Other License Renewal Environmental Review Issues (TAC No. ME2308) (July 21, 2011). Recommendations for Enhancing Reactor Safety in the 21st Century, The Near-Term X X ML111861807 Task Force Review of Insights from the Fukushima Dai-ichi Accident’’ (July 12, 2011). NRC Press Release No. 10–060, ‘‘NRC Asks National Academy of Sciences to Study X X ML100970142 Cancer Risk in Populations Living Near Nuclear Power Facilities’’ (April 7, 2010). Summary of Public Meetings to Discuss Proposed Rule Regarding Title 10, part 51 of X X ML093070141 the Code of Federal Regulations and the Draft Revision to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG–1437, Revision 1 (November 3, 2009).

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ADAMS Accession Document PDR Web No.

Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML093100505 Statement, Dana Point, CA (October 22, 2009). Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML093070174 Statement, Pismo Beach, CA (October 20, 2009). Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML092931678 Statement, Rockville, MD (October 1, 2009). Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML092931545 Statement, Oak Brook, IL (September 24, 2009). Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML092931681 Statement, Newton, MA (September 17, 2009). Official Transcript of Public Meeting to Discuss the Draft Generic Environmental Impact X X ML092810007 Statement, Atlanta, GA (September 15, 2009). NRC Response to Public Comments Received on Proposed 10 CFR part 51 Rule, ‘‘Re- X X ML111450013 visions to Environmental Review for Renewal of Nuclear Power Plant Operating Li- censes’’ (RIN 3150–AI42). NRC Response to Public Comments Related to Draft Regulatory Guide, DG–4015 (Pro- X X ML13067A355 posed Revision 1 of Regulatory Guide 4.2, Supplement 1)—‘‘Preparation of Environ- mental Reports for Nuclear Power Plant License Renewal Applications’’ (RIN 3150– AI42). Regulatory History for Proposed Rule, ‘‘Revisions to Environmental Review for Renewal X X ML093160539 of Nuclear Power Plant Operating Licenses’’ (RIN 3150–AI42). Draft NUREG–1437, Vols. 1 and 2, Revision 1—‘‘Generic Environmental Impact State- X X ML090220654 ment for License Renewal of Nuclear Plants’’. Draft Regulatory Guide, DG–4015 (Proposed Revision 1 of RG 4.2, Supplement 1), X X ML091620409 ‘‘Preparation of Environmental Reports for Nuclear Power Plant License Renewal Ap- plications’’. Draft NUREG–1555, Supplement 1, Revision 1—‘‘Standard Review Plans for Environ- X X ML090230497 mental Reviews for Nuclear Power Plants, Supplement 1: Operating License Re- newal’’. NEI 07–07, ‘‘Industry Ground Water Protection Initiative—Final Guidance Document’’ ..... X X ML072610036 Liquid Radioactive Release Lessons Learned Task Force Final Report (September 1, X X ML062650312 2006). NUREG–1437, Vol. 1, Addendum 1, ‘‘Generic Environmental Impact Statement for Li- X X ML040690720 cense Renewal of Nuclear Plants,’’ Main Report, Section 6.3—Transportation, Table 9.1, Summary of NEPA Issues for License Renewal of Nuclear Power Plants. NUREG–1437, Vol. 1, ‘‘Generic Environmental Impact Statement for License Renewal of X X ML040690705 Nuclear Plants,’’ Main Report. NUREG–1437, Vol. 2, ‘‘Generic Environmental Impact Statement for License Renewal of X X ML040690738 Nuclear Plants,’’ Appendices.

XIII. Voluntary Consensus Standards XV. Paperwork Reduction Act Information and Regulatory Affairs, Statement NEOB–10202, (3150–0021), Office of The National Technology Transfer Management and Budget, Washington, and Advancement Act of 1995, Public This final rule contains new or DC 20503, or by email to Chad_S._ amended information collection Law 104–113, requires that Federal [email protected]. agencies use technical standards that are requirements that are subject to the developed or adopted by voluntary Paperwork Reduction Act of 1995 (44 Public Protection Notification consensus standards bodies unless U.S.C. 3501, et seq.). These using such a standard is inconsistent requirements were approved by the The NRC may not conduct or sponsor, with applicable law or is otherwise Office of Management and Budget and a person is not required to respond impractical. This final rulemaking, (OMB), control number 3150–0021. to, a request for information or an which amends various provisions of 10 The burden to the public for these information collection requirement CFR part 51, does not constitute the information collections is estimated to unless the requesting document establishment of a standard that be reduced by an average of 311.15 displays a currently valid OMB control contains generally applicable hours per response, including the time number. requirements. for reviewing instructions, searching XVI. Plain Writing XIV. Environmental Impact— existing data sources, gathering and Categorical Exclusion maintaining the data needed, and The Plain Writing Act of 2010 (Pub. completing and reviewing the L. 111–274) requires Federal agencies to The NRC has determined that the information collection. Send comments write documents in a clear, concise, promulgation of this final rule is a type on any aspect of these information well-organized manner that also follows of procedural action that meets the collections, including suggestions for other best practices appropriate to the criteria of the categorical exclusion set reducing the burden, to the Information subject or field and the intended forth in 10 CFR 51.22(c)(3)(i) and (iii). Services Branch (T–5 F53), U.S. Nuclear audience. The NRC has attempted to use Therefore, neither an environmental Regulatory Commission, Washington, plain language in promulgating this rule impact statement nor an environmental DC 20555–0001, or by email to INFO consistent with the Federal Plain assessment has been prepared for this [email protected]; and Writing Act guidelines. final rule. to the Desk Officer, Office of

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XVII. Regulatory Analysis the Energy Reorganization Act of 1974, ecological communities must be The NRC has prepared a regulatory as amended; and 5 U.S.C. 552 and 553; provided. * * * (B) * * * If the applicant cannot analysis of this regulation. The analysis the NRC amends 10 CFR part 51 as provide these documents, it shall assess examines the costs and benefits of the follows: the impact of the proposed action on alternatives considered by the NRC. Part 51—Environmental Protection fish and shellfish resources resulting Availability of the regulatory analysis is Regulations for Domestic Licensing from thermal changes and impingement provided in Section XII, ‘‘Availability of and Related Regulatory Functions and entrainment. Documents,’’ of this document. (C) If the applicant’s plant pumps ■ XVIII. Regulatory Flexibility Act 1. The authority citation for part 51 is more than 100 gallons (total onsite) of Certification revised to read as follows: groundwater per minute, an assessment Authority: Atomic Energy Act sec. 161, of the impact of the proposed action on In accordance with the Regulatory 1701 (42 U.S.C. 2201, 2297f); Energy groundwater must be provided. Flexibility Act (5 U.S.C. 605(b)), the Reorganization Act secs. 201, 202, 211 (42 NRC certifies that this rule does not * * * * * U.S.C. 5841, 5842, 5851); Government (E) All license renewal applicants have a significant economic impact on Paperwork Elimination Act sec. 1704 (44 a substantial number of small entities. U.S.C. 3504 note). Subpart A also issued shall assess the impact of refurbishment, The final rule affects only nuclear under National Environmental Policy Act continued operations, and other license- power plant licensees filing license secs. 102, 104, 105 (42 U.S.C. 4332, 4334, renewal-related construction activities renewal applications. The companies 4335); Pub. L. 95 604, Title II, 92 Stat. 3033 on important plant and animal habitats. that own these plants do not fall within 3041; Atomic Energy Act sec. 193 (42 U.S.C. Additionally, the applicant shall assess the scope of the definition of ‘‘small 2243). Sections 51.20, 51.30, 51.60, 51.80. the impact of the proposed action on and 51.97 also issued under Nuclear Waste threatened or endangered species in entities’’ set forth in the Regulatory Policy Act secs. 135, 141, 148 (42 U.S.C. Flexibility Act or the size standards accordance with Federal laws protecting 10155, 10161, 10168). Section 51.22 also wildlife, including but not limited to, established by the NRC (10 CFR 2.810). issued under Atomic Energy Act sec. 274 (42 the Endangered Species Act, and XIX. Backfitting and Issue Finality U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C. 10141). Sections essential fish habitat in accordance with Issuance of this final rule does not 51.43, 51.67, and 51.109 also issued under the Magnuson-Stevens Fishery constitute ‘‘backfitting’’ as defined in 10 Nuclear Waste Policy Act sec. 114(f) (42 Conservation and Management Act. CFR 50.109(a)(1) of the Backfit Rule and U.S.C. 10134(f)). * * * * * is not otherwise inconsistent with the ■ 2. Amend § 51.53 by: (G) If the applicant’s plant uses a applicable issue finality provisions in ■ a. Revising the second sentence of cooling pond, lake, or canal or 10 CFR part 52. The final rule does not paragraph (c)(2); discharges into a river, an assessment of meet the definition of a backfit in 10 ■ b. Revising the first sentence of the impact of the proposed action on CFR 50.109(a)(1) because the document paragraph (c)(3)(ii)(A); public health from thermophilic is not a ‘‘modification of or addition to ■ c. Revising the second sentence of organisms in the affected water must be systems, structures, components, or paragraph (c)(3)(ii)(B); provided. design of a facility; or the design ■ d. Revising paragraph (c)(3)(ii)(C); * * * * * approval or manufacturing license for a ■ e. Revising paragraph (c)(3)(ii)(E); (K) All applicants shall identify any facility; or the procedures or ■ f. Removing and reserving paragraph potentially affected historic or organization required to design, (c)(3)(ii)(F); archaeological properties and assess construct or operate a facility.’’ For ■ g. Revising paragraph (c)(3)(ii)(G); whether any of these properties will be these reasons, issuance of this final rule ■ h. Removing and reserving paragraphs affected by future plant operations and does not constitute ‘‘backfitting’’ within (c)(3)(ii)(I) and (J); any planned refurbishment activities in ■ the meaning of the definition of i. Revising paragraph (c)(3)(ii)(K); and accordance with the National Historic ■ ‘‘backfitting’’ in 10 CFR 50.109(a)(1). j. Adding paragraphs (c)(3)(ii)(N), (O), Preservation Act. and (P). Similarly, the issuance of the this final * * * * * rule does not constitute an action The revisions and additions read as follows: (N) Applicants shall provide inconsistent with any of the issue information on the general demographic finality provisions in 10 CFR part 52. § 51.53 Postconstruction environmental composition of minority and low- reports. XX. Congressional Review Act income populations and communities * * * * * (by race and ethnicity) residing in the In accordance with the Congressional (c) * * * immediate vicinity of the plant that Review Act of 1996, the NRC has (2) * * * This report must describe in could be affected by the renewal of the determined that this action is not a detail the affected environment around plant’s operating license, including any major rule and has verified this the plant, the modifications directly planned refurbishment activities, and determination with the Office of affecting the environment or any plant ongoing and future plant operations. Information and Regulatory Affairs of effluents, and any planned (O) Applicants shall provide the OMB. refurbishment activities. * * * information about other past, present, List of Subjects in 10 CFR Part 51 (3) * * * and reasonably foreseeable future (ii) * * * actions occurring in the vicinity of the Administrative practice and (A) If the applicant’s plant utilizes nuclear plant that may result in a procedure, Environmental impact cooling towers or cooling ponds and cumulative effect. statement, Nuclear materials, Nuclear withdraws makeup water from a river, (P) An applicant shall assess the power plants and reactors, Reporting an assessment of the impact of the impact of any documented inadvertent and recordkeeping requirements. proposed action on water availability releases of radionuclides into For the reasons set out in the and competing water demands, the flow groundwater. The applicant shall preamble and under the authority of the of the river, and related impacts on include in its assessment a description Atomic Energy Act of 1954, as amended; stream (aquatic) and riparian (terrestrial) of any groundwater protection program

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used for the surveillance of piping and The draft supplemental environmental the license renewal stage. When no such components containing radioactive impact statement must contain an assessment of aquatic impacts is available liquids for which a pathway to analysis of those issues identified as from the permitting authority, NRC will groundwater may exist. The assessment Category 2 in appendix B to subpart A establish on its own, or in conjunction with must also include a description of any of this part that are open for the the permitting authority and other agencies having relevant expertise, the magnitude of past inadvertent releases and the proposed action. The analysis for all potential impacts for striking an overall cost- projected impact to the environment draft environmental impact statements benefit balance for the facility at the (e.g., aquifers, rivers, lakes, ponds, will, to the fullest extent practicable, construction permit and operating license ocean) during the license renewal term. quantify the various factors considered. and early site permit and combined license ■ 3. In § 51.71, revise paragraph (d) to To the extent that there are important stages, and in its determination of whether read as follows: qualitative considerations or factors that the adverse environmental impacts of license cannot be quantified, these renewal are so great that preserving the § 51.71 Draft environmental impact considerations or factors will be option of license renewal for energy planning statement—contents. discussed in qualitative terms. decision-makers would be unreasonable at * * * * * Consideration will be given to the license renewal stage. (d) Analysis. Unless excepted in this compliance with environmental quality * * * * * paragraph or § 51.75, the draft standards and requirements that have ■ 4. Amend § 51.95 by revising environmental impact statement will been imposed by Federal, State, paragraph (c) introductory text and the include a preliminary analysis that regional, and local agencies having second sentence of paragraph (c)(4) to considers and weighs the environmental responsibility for environmental read as follows: effects, including any cumulative protection, including applicable zoning effects, of the proposed action; the and land-use regulations and water § 51.95 Postconstruction environmental environmental impacts of alternatives to pollution limitations or requirements impact statements. the proposed action; and alternatives issued or imposed under the Federal * * * * * available for reducing or avoiding Water Pollution Control Act. The (c) Operating license renewal stage. In adverse environmental effects. environmental impact of the proposed connection with the renewal of an Additionally, the draft environmental action will be considered in the analysis operating license or combined license impact statement will include a with respect to matters covered by for a nuclear power plant under 10 CFR consideration of the economic, environmental quality standards and technical, and other benefits and costs parts 52 or 54 of this chapter, the requirements irrespective of whether a Commission shall prepare an of the proposed action and alternatives. certification or license from the The draft environmental impact environmental impact statement, which appropriate authority has been obtained. is a supplement to the Commission’s statement will indicate what other While satisfaction of Commission interests and considerations of Federal NUREG–1437, ‘‘Generic Environmental standards and criteria pertaining to Impact Statement for License Renewal policy, including factors not related to radiological effects will be necessary to environmental quality, if applicable, are of Nuclear Plants’’ (June 2013), which is meet the licensing requirements of the relevant to the consideration of available in the NRC’s Public Document Atomic Energy Act, the analysis will, for environmental effects of the proposed Room, 11555 Rockville Pike, Rockville, the purposes of NEPA, consider the action identified under paragraph (a) of Maryland 20852. radiological effects of the proposed this section. The draft supplemental * * * * * action and alternatives. environmental impact statement (4) * * * In order to make * * * * * prepared at the license renewal stage recommendations and reach a final under § 51.95(c) need not discuss the Compliance with the environmental quality standards and requirements of the decision on the proposed action, the economic or technical benefits and costs Federal Water Pollution Control Act NRC staff, adjudicatory officers, and of either the proposed action or (imposed by EPA or designated permitting Commission shall integrate the alternatives except if benefits and costs states) is not a substitute for, and does not conclusions in the generic are either essential for a determination negate the requirement for NRC to weigh all environmental impact statement for regarding the inclusion of an alternative environmental effects of the proposed action, issues designated as Category 1 with in the range of alternatives considered including the degradation, if any, of water quality, and to consider alternatives to the information developed for those or relevant to mitigation. In addition, Category 2 issues applicable to the plant the supplemental environmental impact proposed action that are available for reducing adverse effects. Where an under § 51.53(c)(3)(ii) and any new and statement prepared at the license environmental assessment of aquatic impact significant information. * * * renewal stage need not discuss other from plant discharges is available from the * * * * * issues not related to the environmental permitting authority, the NRC will consider effects of the proposed action and the assessment in its determination of the ■ 5. In appendix B to subpart A of part associated alternatives. The draft magnitude of environmental impacts for 51, Table B–1 is revised to read as supplemental environmental impact striking an overall cost-benefit balance at the follows: statement for license renewal prepared construction permit and operating license under § 51.95(c) will rely on and early site permit and combined license Appendix B to Subpart A— stages, and in its determination of whether Environmental Effect of Renewing the conclusions as amplified by the the adverse environmental impacts of license supporting information in the GEIS for Operating License of a Nuclear Power renewal are so great that preserving the Plant issues designated as Category 1 in option of license renewal for energy planning appendix B to subpart A of this part. decision-makers would be unreasonable at * * * * *

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1

Issue Category 2 Finding 3

Land Use

Onsite land use ...... 1 SMALL. Changes in onsite land use from continued operations and refurbishment associated with license renewal would be a small fraction of the nuclear power plant site and would involve only land that is controlled by the licensee. Offsite land use ...... 1 SMALL. Offsite land use would not be affected by continued operations and refur- bishment associated with license renewal. Offsite land use in transmission line right- 1 SMALL. Use of transmission line ROWs from continued operations and refurbish- of-ways (ROWs) 4. ment associated with license renewal would continue with no change in land use restrictions.

Visual Resources

Aesthetic impacts ...... 1 SMALL. No important changes to the visual appearance of plant structures or trans- mission lines are expected from continued operations and refurbishment associ- ated with license renewal.

Air Quality

Air quality impacts (all plants) ...... 1 SMALL. Air quality impacts from continued operations and refurbishment associated with license renewal are expected to be small at all plants. Emissions resulting from refurbishment activities at locations in or near air quality nonattainment or maintenance areas would be short-lived and would cease after these refurbish- ment activities are completed. Operating experience has shown that the scale of refurbishment activities has not resulted in exceedance of the de minimis thresh- olds for criteria pollutants, and best management practices including fugitive dust controls and the imposition of permit conditions in State and local air emissions permits would ensure conformance with applicable State or Tribal Implementation Plans. Emissions from emergency diesel generators and fire pumps and routine operations of boilers used for space heating would not be a concern, even for plants located in or adjacent to nonattainment areas. Impacts from cooling tower particulate emissions even under the worst-case situations have been small. Air quality effects of transmission lines 4 .... 1 SMALL. Production of ozone and oxides of nitrogen is insignificant and does not contribute measurably to ambient levels of these gases.

Noise

Noise impacts ...... 1 SMALL. Noise levels would remain below regulatory guidelines for offsite receptors during continued operations and refurbishment associated with license renewal.

Geologic Environment

Geology and soils ...... 1 SMALL. The effect of geologic and soil conditions on plant operations and the im- pact of continued operations and refurbishment activities on geology and soils would be small for all nuclear power plants and would not change appreciably dur- ing the license renewal term.

Surface Water Resources

Surface water use and quality (non-cooling 1 SMALL. Impacts are expected to be small if best management practices are em- system impacts). ployed to control soil erosion and spills. Surface water use associated with contin- ued operations and refurbishment associated with license renewal would not in- crease significantly or would be reduced if refurbishment occurs during a plant outage. Altered current patterns at intake and dis- 1 SMALL. Altered current patterns would be limited to the area in the vicinity of the in- charge structures. take and discharge structures. These impacts have been small at operating nu- clear power plants. Altered salinity gradients ...... 1 SMALL. Effects on salinity gradients would be limited to the area in the vicinity of the intake and discharge structures. These impacts have been small at operating nuclear power plants. Altered thermal stratification of lakes ...... 1 SMALL. Effects on thermal stratification would be limited to the area in the vicinity of the intake and discharge structures. These impacts have been small at operating nuclear power plants. Scouring caused by discharged cooling 1 SMALL. Scouring effects would be limited to the area in the vicinity of the intake and water. discharge structures. These impacts have been small at operating nuclear power plants. Discharge of metals in cooling system ef- 1 SMALL. Discharges of metals have not been found to be a problem at operating nu- fluent. clear power plants with cooling-tower-based heat dissipation systems and have been satisfactorily mitigated at other plants. Discharges are monitored and con- trolled as part of the National Pollutant Discharge Elimination System (NPDES) permit process.

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1— Continued

Issue Category 2 Finding 3

Discharge of biocides, sanitary wastes, 1 SMALL. The effects of these discharges are regulated by Federal and State environ- and minor chemical spills. mental agencies. Discharges are monitored and controlled as part of the NPDES permit process. These impacts have been small at operating nuclear power plants. Surface water use conflicts (plants with 1 SMALL. These conflicts have not been found to be a problem at operating nuclear once-through cooling systems). power plants with once-through heat dissipation systems. Surface water use conflicts (plants with 2 SMALL or MODERATE. Impacts could be of small or moderate significance, de- cooling ponds or cooling towers using pending on makeup water requirements, water availability, and competing water makeup water from a river). demands. Effects of dredging on surface water qual- 1 SMALL. Dredging to remove accumulated sediments in the vicinity of intake and dis- ity. charge structures and to maintain barge shipping has not been found to be a problem for surface water quality. Dredging is performed under permit from the U.S. Army Corps of Engineers, and possibly, from other State or local agencies. Temperature effects on sediment transport 1 SMALL. These effects have not been found to be a problem at operating nuclear capacity. power plants and are not expected to be a problem.

Groundwater Resources

Groundwater contamination and use (non- 1 SMALL. Extensive dewatering is not anticipated from continued operations and re- cooling system impacts). furbishment associated with license renewal. Industrial practices involving the use of solvents, hydrocarbons, heavy metals, or other chemicals, and/or the use of wastewater ponds or lagoons have the potential to contaminate site groundwater, soil, and subsoil. Contamination is subject to State or Environmental Protection Agency regulated cleanup and monitoring programs. The application of best man- agement practices for handling any materials produced or used during these ac- tivities would reduce impacts. Groundwater use conflicts (plants that with- 1 SMALL. Plants that withdraw less than 100 gpm are not expected to cause any draw less than 100 gallons per minute groundwater use conflicts. [gpm]). Groundwater use conflicts (plants that with- 2 SMALL, MODERATE, or LARGE. Plants that withdraw more than 100 gpm could draw more than 100 gallons per minute cause groundwater use conflicts with nearby groundwater users. [gpm]). Groundwater use conflicts (plants with 2 SMALL, MODERATE, or LARGE. Water use conflicts could result from water with- closed-cycle cooling systems that with- drawals from rivers during low-flow conditions, which may affect aquifer recharge. draw makeup water from a river). The significance of impacts would depend on makeup water requirements, water availability, and competing water demands. Groundwater quality degradation resulting 1 SMALL. Groundwater withdrawals at operating nuclear power plants would not con- from water withdrawals. tribute significantly to groundwater quality degradation. Groundwater quality degradation (plants 1 SMALL. Sites with closed-cycle cooling ponds could degrade groundwater quality. with cooling ponds in salt marshes). However, groundwater in salt marshes is naturally brackish and thus, not potable. Consequently, the human use of such groundwater is limited to industrial pur- poses. Groundwater quality degradation (plants 2 SMALL, MODERATE, or LARGE. Inland sites with closed-cycle cooling ponds could with cooling ponds at inland sites). degrade groundwater quality. The significance of the impact would depend on cooling pond water quality, site hydrogeologic conditions (including the interaction of surface water and groundwater), and the location, depth, and pump rate of water wells. Radionuclides released to groundwater ..... 2 SMALL or MODERATE. Leaks of radioactive liquids from plant components and pipes have occurred at numerous plants. Groundwater protection programs have been established at all operating nuclear power plants to minimize the potential impact from any inadvertent releases. The magnitude of impacts would depend on site-specific characteristics.

Terrestrial Resources

Effects on terrestrial resources (non-cool- 2 SMALL, MODERATE, or LARGE. Impacts resulting from continued operations and ing system impacts). refurbishment associated with license renewal may affect terrestrial communities. Application of best management practices would reduce the potential for impacts. The magnitude of impacts would depend on the nature of the activity, the status of the resources that could be affected, and the effectiveness of mitigation. Exposure of terrestrial organisms to radio- 1 SMALL. Doses to terrestrial organisms from continued operations and refurbishment nuclides. associated with license renewal are expected to be well below exposure guide- lines developed to protect these organisms. Cooling system impacts on terrestrial re- 1 SMALL. No adverse effects to terrestrial plants or animals have been reported as a sources (plants with once-through cool- result of increased water temperatures, fogging, humidity, or reduced habitat qual- ing systems or cooling ponds). ity. Due to the low concentrations of contaminants in cooling system effluents, up- take and accumulation of contaminants in the tissues of wildlife exposed to the contaminated water or aquatic food sources are not expected to be significant issues.

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1— Continued

Issue Category 2 Finding 3

Cooling tower impacts on vegetation 1 SMALL. Impacts from salt drift, icing, fogging, or increased humidity associated with (plants with cooling towers). cooling tower operation have the potential to affect adjacent vegetation, but these impacts have been small at operating nuclear power plants and are not expected to change over the license renewal term. Bird collisions with plant structures and 1 SMALL. Bird collisions with cooling towers and other plant structures and trans- transmission lines 4. mission lines occur at rates that are unlikely to affect local or migratory popu- lations and the rates are not expected to change. Water use conflicts with terrestrial re- 2 SMALL or MODERATE. Impacts on terrestrial resources in riparian communities af- sources (plants with cooling ponds or fected by water use conflicts could be of moderate significance. cooling towers using makeup water from a river). Transmission line right-of-way (ROW) man- 1 SMALL. Continued ROW management during the license renewal term is expected agement impacts on terrestrial re- to keep terrestrial communities in their current condition. Application of best man- sources 4. agement practices would reduce the potential for impacts. Electromagnetic fields on flora and fauna 1 SMALL. No significant impacts of electromagnetic fields on terrestrial flora and fauna (plants, agricultural crops, honeybees, have been identified. Such effects are not expected to be a problem during the li- wildlife, livestock) 4. cense renewal term.

Aquatic Resources

Impingement and entrainment of aquatic 2 SMALL, MODERATE, or LARGE. The impacts of impingement and entrainment are organisms (plants with once-through small at many plants but may be moderate or even large at a few plants with cooling systems or cooling ponds). once-through and cooling-pond cooling systems, depending on cooling system withdrawal rates and volumes and the aquatic resources at the site. Impingement and entrainment of aquatic 1 SMALL. Impingement and entrainment rates are lower at plants that use closed- organisms (plants with cooling towers). cycle cooling with cooling towers because the rates and volumes of water with- drawal needed for makeup are minimized. Entrainment of phytoplankton and 1 SMALL. Entrainment of phytoplankton and zooplankton has not been found to be a zooplankton (all plants). problem at operating nuclear power plants and is not expected to be a problem during the license renewal term. Thermal impacts on aquatic organisms 2 SMALL, MODERATE, or LARGE. Most of the effects associated with thermal dis- (plants with once-through cooling sys- charges are localized and are not expected to affect overall stability of populations tems or cooling ponds). or resources. The magnitude of impacts, however, would depend on site-specific thermal plume characteristics and the nature of aquatic resources in the area. Thermal impacts on aquatic organisms 1 SMALL. Thermal effects associated with plants that use cooling towers are expected (plants with cooling towers). to be small because of the reduced amount of heated discharge. Infrequently reported thermal impacts (all 1 SMALL. Continued operations during the license renewal term are expected to have plants). small thermal impacts with respect to the following: Cold shock has been satisfactorily mitigated at operating nuclear plants with once- through cooling systems, has not endangered fish populations or been found to be a problem at operating nuclear power plants with cooling towers or cooling ponds, and is not expected to be a problem. Thermal plumes have not been found to be a problem at operating nuclear power plants and are not expected to be a problem. Thermal discharge may have localized effects but is not expected to affect the larger geographical distribution of aquatic organisms. Premature emergence has been found to be a localized effect at some operating nu- clear power plants but has not been a problem and is not expected to be a prob- lem. Stimulation of nuisance organisms has been satisfactorily mitigated at the single nu- clear power plant with a once-through cooling system where previously it was a problem. It has not been found to be a problem at operating nuclear power plants with cooling towers or cooling ponds and is not expected to be a problem. Effects of cooling water discharge on dis- 1 SMALL. Gas supersaturation was a concern at a small number of operating nuclear solved oxygen, gas supersaturation, and power plants with once-through cooling systems but has been mitigated. Low dis- eutrophication. solved oxygen was a concern at one nuclear power plant with a once-through cooling system but has been mitigated. Eutrophication (nutrient loading) and re- sulting effects on chemical and biological oxygen demands have not been found to be a problem at operating nuclear power plants. Effects of non-radiological contaminants on 1 SMALL. Best management practices and discharge limitations of NPDES permits aquatic organisms. are expected to minimize the potential for impacts to aquatic resources during continued operations and refurbishment associated with license renewal. Accumu- lation of metal contaminants has been a concern at a few nuclear power plants but has been satisfactorily mitigated by replacing copper alloy condenser tubes with those of another metal. Exposure of aquatic organisms to radio- 1 SMALL. Doses to aquatic organisms are expected to be well below exposure guide- nuclides. lines developed to protect these aquatic organisms.

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1— Continued

Issue Category 2 Finding 3

Effects of dredging on aquatic organisms .. 1 SMALL. Dredging at nuclear power plants is expected to occur infrequently, would be of relatively short duration, and would affect relatively small areas. Dredging is performed under permit from the U.S. Army Corps of Engineers, and possibly, from other State or local agencies. Water use conflicts with aquatic resources 2 SMALL or MODERATE. Impacts on aquatic resources in stream communities af- (plants with cooling ponds or cooling fected by water use conflicts could be of moderate significance in some situations. towers using makeup water from a river). Effects on aquatic resources (non-cooling 1 SMALL. Licensee application of appropriate mitigation measures is expected to re- system impacts). sult in no more than small changes to aquatic communities from their current con- dition. Impacts of transmission line right-of-way 1 SMALL. Licensee application of best management practices to ROW maintenance is (ROW) management on aquatic re- expected to result in no more than small impacts to aquatic resources. sources 4. Losses from predation, parasitism, and dis- 1 SMALL. These types of losses have not been found to be a problem at operating ease among organisms exposed to sub- nuclear power plants and are not expected to be a problem during the license re- lethal stresses. newal term.

Special Status Species and Habitats

Threatened, endangered, and protected 2 The magnitude of impacts on threatened, endangered, and protected species, crit- species and essential fish habitat. ical habitat, and essential fish habitat would depend on the occurrence of listed species and habitats and the effects of power plant systems on them. Consulta- tion with appropriate agencies would be needed to determine whether special sta- tus species or habitats are present and whether they would be adversely affected by continued operations and refurbishment associated with license renewal.

Historic and Cultural Resources

Historic and cultural resources 4 ...... 2 Continued operations and refurbishment associated with license renewal are ex- pected to have no more than small impacts on historic and cultural resources lo- cated onsite and in the transmission line ROW because most impacts could be mitigated by avoiding those resources. The National Historic Preservation Act (NHPA) requires the Federal agency to consult with the State Historic Preserva- tion Officer (SHPO) and appropriate Native American Tribes to determine the po- tential effects on historic properties and mitigation, if necessary.

Socioeconomics

Employment and income, recreation and 1 SMALL. Although most nuclear plants have large numbers of employees with higher tourism. than average wages and salaries, employment, income, recreation, and tourism impacts from continued operations and refurbishment associated with license re- newal are expected to be small. Tax revenues ...... 1 SMALL. Nuclear plants provide tax revenue to local jurisdictions in the form of prop- erty tax payments, payments in lieu of tax (PILOT), or tax payments on energy production. The amount of tax revenue paid during the license renewal term as a result of continued operations and refurbishment associated with license renewal is not expected to change. Community services and education ...... 1 SMALL. Changes resulting from continued operations and refurbishment associated with license renewal to local community and educational services would be small. With little or no change in employment at the licensee’s plant, value of the power plant, payments on energy production, and PILOT payments expected during the license renewal term, community and educational services would not be affected by continued power plant operations. Population and housing ...... 1 SMALL. Changes resulting from continued operations and refurbishment associated with license renewal to regional population and housing availability and value would be small. With little or no change in employment at the licensee’s plant ex- pected during the license renewal term, population and housing availability and values would not be affected by continued power plant operations. Transportation ...... 1 SMALL. Changes resulting from continued operations and refurbishment associated with license renewal to traffic volumes would be small.

Human Health

Radiation exposures to the public ...... 1 SMALL. Radiation doses to the public from continued operations and refurbishment associated with license renewal are expected to continue at current levels, and would be well below regulatory limits. Radiation exposures to plant workers ...... 1 SMALL. Occupational doses from continued operations and refurbishment associ- ated with license renewal are expected to be within the range of doses experi- enced during the current license term, and would continue to be well below regu- latory limits.

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1— Continued

Issue Category 2 Finding 3

Human health impact from chemicals ...... 1 SMALL. Chemical hazards to plant workers resulting from continued operations and refurbishment associated with license renewal are expected to be minimized by the licensee implementing good industrial hygiene practices as required by per- mits and Federal and State regulations. Chemical releases to the environment and the potential for impacts to the public are expected to be minimized by adherence to discharge limitations of NPDES and other permits. Microbiological hazards to the public 2 SMALL, MODERATE, or LARGE. These organisms are not expected to be a prob- (plants with cooling ponds or canals or lem at most operating plants except possibly at plants using cooling ponds, lakes, cooling towers that discharge to a river). or canals, or that discharge into rivers. Impacts would depend on site-specific characteristics. Microbiological hazards to plant workers .... 1 SMALL. Occupational health impacts are expected to be controlled by continued ap- plication of accepted industrial hygiene practices to minimize worker exposures as required by permits and Federal and State regulations. Chronic effects of electromagnetic fields N/A 5 Uncertain impact. Studies of 60-Hz EMFs have not uncovered consistent evidence (EMFs) 4,6. linking harmful effects with field exposures. EMFs are unlike other agents that have a toxic effect (e.g., toxic chemicals and ionizing radiation) in that dramatic acute effects cannot be forced and longer-term effects, if real, are subtle. Because the state of the science is currently inadequate, no generic conclusion on human health impacts is possible. Physical occupational hazards ...... 1 SMALL. Occupational safety and health hazards are generic to all types of electrical generating stations, including nuclear power plants, and are of small significance if the workers adhere to safety standards and use protective equipment as required by Federal and State regulations. Electric shock hazards 4 ...... 2 SMALL, MODERATE, or LARGE. Electrical shock potential is of small significance for transmission lines that are operated in adherence with the National Electrical Safety Code (NESC). Without a review of conformance with NESC criteria of each nuclear power plant’s in-scope transmission lines, it is not possible to determine the significance of the electrical shock potential.

Postulated Accidents

Design-basis accidents ...... 1 SMALL. The NRC staff has concluded that the environmental impacts of design- basis accidents are of small significance for all plants. Severe accidents ...... 2 SMALL. The probability-weighted consequences of atmospheric releases, fallout onto open bodies of water, releases to groundwater, and societal and economic impacts from severe accidents are small for all plants. However, alternatives to mitigate severe accidents must be considered for all plants that have not consid- ered such alternatives.

Environmental Justice

Minority and low-income populations ...... 2 Impacts to minority and low-income populations and subsistence consumption result- ing from continued operations and refurbishment associated with license renewal will be addressed in plant-specific reviews. See NRC Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Ac- tions (69 FR 52040; August 24, 2004).

Waste Management

Low-level waste storage and disposal ...... 1 SMALL. The comprehensive regulatory controls that are in place and the low public doses being achieved at reactors ensure that the radiological impacts to the envi- ronment would remain small during the license renewal term. Onsite storage of spent nuclear fuel ...... 1 SMALL. The expected increase in the volume of spent fuel from an additional 20 years of operation can be safely accommodated onsite during the license renewal term with small environmental effects through dry or pool storage at all plants. Offsite radiological impacts of spent nu- N/A 5 Uncertain impact. The generic conclusion on offsite radiological impacts of spent nu- clear fuel and high-level waste disposal. clear fuel and high-level waste is not being finalized pending the completion of a generic environmental impact statement on waste confidence.7 Mixed-waste storage and disposal ...... 1 SMALL. The comprehensive regulatory controls and the facilities and procedures that are in place ensure proper handling and storage, as well as negligible doses and exposure to toxic materials for the public and the environment at all plants. Li- cense renewal would not increase the small, continuing risk to human health and the environment posed by mixed waste at all plants. The radiological and non- radiological environmental impacts of long-term disposal of mixed waste from any individual plant at licensed sites are small. Nonradioactive waste storage and disposal 1 SMALL. No changes to systems that generate nonradioactive waste are anticipated during the license renewal term. Facilities and procedures are in place to ensure continued proper handling, storage, and disposal, as well as negligible exposure to toxic materials for the public and the environment at all plants.

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TABLE B–1—SUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1— Continued

Issue Category 2 Finding 3

Cumulative Impacts

Cumulative impacts ...... 2 Cumulative impacts of continued operations and refurbishment associated with li- cense renewal must be considered on a plant-specific basis. Impacts would de- pend on regional resource characteristics, the resource-specific impacts of license renewal, and the cumulative significance of other factors affecting the resource.

Uranium Fuel Cycle

Offsite radiological impacts—individual im- 1 SMALL. The impacts to the public from radiological exposures have been consid- pacts from other than the disposal of ered by the Commission in Table S–3 of this part. Based on information in the spent fuel and high-level waste. GEIS, impacts to individuals from radioactive gaseous and liquid releases, includ- ing radon-222 and technetium-99, would remain at or below the NRC’s regulatory limits. Offsite radiological impacts—collective im- 1 There are no regulatory limits applicable to collective doses to the general public pacts from other than the disposal of from fuel-cycle facilities. The practice of estimating health effects on the basis of spent fuel and high-level waste. collective doses may not be meaningful. All fuel-cycle facilities are designed and operated to meet the applicable regulatory limits and standards. The Commission concludes that the collective impacts are acceptable. The Commission concludes that the impacts would not be sufficiently large to re- quire the NEPA conclusion, for any plant, that the option of extended operation under 10 CFR part 54 should be eliminated. Accordingly, while the Commission has not assigned a single level of significance for the collective impacts of the ura- nium fuel cycle, this issue is considered Category 1. Nonradiological impacts of the uranium fuel 1 SMALL. The nonradiological impacts of the uranium fuel cycle resulting from the re- cycle. newal of an operating license for any plant would be small. Transportation ...... 1 SMALL. The impacts of transporting materials to and from uranium-fuel-cycle facili- ties on workers, the public, and the environment are expected to be small.

Termination of Nuclear Power Plant Operations and Decommissioning

Termination of plant operations and de- 1 SMALL. License renewal is expected to have a negligible effect on the impacts of commissioning. terminating operations and decommissioning on all resources. 1 Data supporting this table are contained in NUREG–1437, Revision 1, ‘‘Generic Environmental Impact Statement for License Renewal of Nu- clear Plants’’ (June 2013). 2 The numerical entries in this column are based on the following category definitions: Category 1: For the issue, the analysis reported in the Generic Environmental Impact Statement has shown: (1) The environmental impacts associated with the issue have been determined to apply either to all plants or, for some issues, to plants hav- ing a specific type of cooling system or other specified plant or site characteristic; (2) A single significance level (i.e., small, moderate, or large) has been assigned to the impacts (except for Offsite radiological impacts—collec- tive impacts from other than the disposal of spent fuel and high-level waste); and (3) Mitigation of adverse impacts associated with the issue has been considered in the analysis, and it has been determined that additional plant-specific mitigation measures are not likely to be sufficiently beneficial to warrant implementation. The generic analysis of the issue may be adopted in each plant-specific review. Category 2: For the issue, the analysis reported in the Generic Environmental Impact Statement has shown that one or more of the criteria of Category 1 cannot be met, and therefore additional plant-specific review is required. 3 The impact findings in this column are based on the definitions of three significance levels. Unless the significance level is identified as bene- ficial, the impact is adverse, or in the case of ‘‘small,’’ may be negligible. The definitions of significance follow: SMALL—For the issue, environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any im- portant attribute of the resource. For the purposes of assessing radiological impacts, the Commission has concluded that those impacts that do not exceed permissible levels in the Commission’s regulations are considered small as the term is used in this table. MODERATE—For the issue, environmental effects are sufficient to alter noticeably, but not to destabilize, important attributes of the resource. LARGE—For the issue, environmental effects are clearly noticeable and are sufficient to destabilize important attributes of the resource. For issues where probability is a key consideration (i.e., accident consequences), probability was a factor in determining significance. 4 This issue applies only to the in-scope portion of electric power transmission lines, which are defined as transmission lines that connect the nuclear power plant to the substation where electricity is fed into the regional power distribution system and transmission lines that supply power to the nuclear plant from the grid. 5 NA (not applicable). The categorization and impact finding definitions do not apply to these issues. 6 If, in the future, the Commission finds that, contrary to current indications, a consensus has been reached by appropriate Federal health agencies that there are adverse health effects from electromagnetic fields, the Commission will require applicants to submit plant-specific reviews of these health effects as part of their license renewal applications. Until such time, applicants for license renewal are not required to submit in- formation on this issue. 7 As a result of the decision of United States Court of Appeals in New York v. NRC, 681 F.3d 471 (DC Cir. 2012), the NRC cannot rely upon its Waste Confidence Decision and Rule until it has taken those actions that will address the deficiencies identified by the D.C. Circuit. Although the Waste Confidence Decision and Rule did not assess the impacts associated with disposal of spent nuclear fuel and high-level waste in a re- pository, it did reflect the Commission’s confidence, at the time, in the technical feasibility of a repository and when that repository could have been expected to become available. Without the analysis in the Waste Confidence Decision and Rule regarding the technical feasibility and availability of a repository, the NRC cannot assess how long the spent fuel will need to be stored onsite.

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Dated at Rockville, Maryland, this 11th day then select ‘‘Begin Web-based ADAMS B–1 by redefining the number and scope of June 2013. Search.’’ For problems with ADAMS, of the environmental impact issues that For the Nuclear Regulatory Commission. please contact the NRC’s Public must be considered by the NRC during Annette L. Vietti-Cook, Document Room (PDR) reference staff at license renewal environmental reviews Secretary of the Commission. 1–800–397–4209, 301–415–4737, or by and amends other related regulations in [FR Doc. 2013–14310 Filed 6–19–13; 8:45 am] email to [email protected]. Revision 10 CFR part 51 (i.e., 10 CFR 51.53, 51.71, and 51.95). For renewal of BILLING CODE 7590–01–P 1 of Regulatory Guide 4.2, Supplement 1, is available in ADAMS under nuclear power plant operating licenses, Accession No. ML13067A354. RG 4.2S1, Revision 1, provides guidance NUCLEAR REGULATORY • NRC’s PDR: You may examine and to applicants in the preparation of COMMISSION purchase copies of public documents at environmental reports. the NRC’s Public Document Room O1– Also in the Rules and Regulations 10 CFR Parts 51 and 54 F21, One White Flint North, 11555 section of this issue of the Federal Rockville Pike, Rockville, Maryland Register, the NRC is publishing [NRC–2008–0608] 20852. Revision 1 to NUREG–1437, ‘‘Generic RIN 3150–AI42 Regulatory guides are not Environmental Impact Statement for copyrighted, and NRC approval is not License Renewal of Nuclear Plants’’ Preparation of Environmental Reports required to reproduce them. (ADAMS Accession Nos. for Nuclear Power Plant License FOR FURTHER INFORMATION CONTACT: ML13106A241, ML13106A242, and Renewal Applications Emmanuel Sayoc, telephone: 301–415– ML13106A244); and Revision 1 to NUREG–1555, ‘‘Standard Review Plans AGENCY: Nuclear Regulatory 1924, email: [email protected], Commission. or Edward O’Donnell, telephone: 301– for Environmental Reviews for Nuclear Power Plants, Supplement 1: Operating ACTION: Regulatory guide; issuance. 251–7455, email: [email protected]. U.S. Nuclear License Renewal’’ (ADAMS Accession SUMMARY: The U.S. Nuclear Regulatory Regulatory Commission, Washington, No. ML13106A246). Commission (NRC) is issuing Revision 1 DC 20555–0001. II. Further Information to Regulatory Guide (RG) 4.2, SUPPLEMENTARY INFORMATION: Supplement 1 (RG 4.2S1), ‘‘Preparation The NRC made the draft of Revision of Environmental Reports for Nuclear I. Introduction 1 of RG 4.2S1 available for public Power Plant License Renewal comment as Draft Guide (DG)–4015 on The NRC is issuing a revision to an July 31, 2009 (74 FR 38238), with a 75- Applications.’’ This regulatory guide existing regulatory guide in the NRC’s provides guidance to applicants in the day public comment period. The NRC ‘‘Regulatory Guide’’ series. This series extended the public comment period for preparation of environmental reports was developed to describe and make that are submitted with the application another 90 days, with a closing date of available to the public information such January 12, 2010 (74 FR 51522; October for the renewal of a nuclear power plant as methods that are acceptable to the operating license. Applicants should 7, 2009). The NRC received 3 public NRC staff for implementing specific comments from the Nuclear Energy use this regulatory guide when parts of the agency’s regulations, preparing an environmental report for Institute, New York State Office of the techniques that the staff uses in Attorney General, and the United States license renewal to ensure that the evaluating specific problems or information they submit to the NRC is Environmental Protection Agency. The postulated accidents, and data that the NRC staff’s response to public complete and facilitates the NRC staff’s staff needs in its review of applications review. comments is available in ADAMS under for permits and licenses. Accession No. ML13067A355. DATES: June 20, 2013. The NRC is publishing a final rule, ADDRESSES: Please refer to Docket ID ‘‘Revisions to Environmental Review for III. Congressional Review Act NRC–2008–0608 when contacting the Renewal of Nuclear Power Plant This regulatory guide is a rule as NRC about the availability of Operating Licenses’’ (RIN 3150–AI42; designated in the Congressional Review information regarding this document. NRC–2008–0608), in the Rules and Act (5 U.S.C. 801–808). However, the You may access information related to Regulations section of this issue of the Office of Management and Budget has this document, which the NRC Federal Register that amends its not found it to be a major rule as possesses and is publicly available, environmental protection regulations by designated in the Congressional Review using any of the following methods: updating the Commission’s 1996 Act. • Federal Rulemaking Web site: Go to findings on the environmental impacts http://www.regulations.gov and search of renewing the operating license of a IV. Backfitting and Issue Finality for Docket ID NRC–2008–0608. Address nuclear power plant. The NRC complies This regulatory guide provides the questions about NRC dockets to Carol with the National Environmental Policy NRC’s first guidance on compliance Gallagher; telephone: 301–492–3668; Act (NEPA) through the implementation with the revised provisions of 10 CFR email: [email protected]. For of its regulations in Part 51 of Title 10 part 51. The statement of considerations technical questions, contact the of the Code of Federal Regulations (10 for the final rule that amended 10 CFR individual listed in the FOR FURTHER CFR) (see Table B–1 in Appendix B to part 51 explains that issuance of the INFORMATION CONTACT section of this Subpart A of 10 CFR part 51). The final rule does not constitute document. environmental reports submitted by ‘‘backfitting’’ as defined in 10 CFR • NRC’s Agencywide Documents license renewal applicants are part of 50.109(a)(1) of the Backfit Rule and is Access and Management System the process set forth in 10 CFR part 51. not otherwise inconsistent with the (ADAMS): You may access publicly The final rule incorporates lessons applicable issue finality provisions in available documents online in the NRC learned and knowledge gained from 10 CFR part 52 (see Section XIX, Library at http://www.nrc.gov/reading- license renewal environmental reviews ‘‘Backfitting and Issue Finality,’’ of the rm/adams.html. To begin the search, conducted by the NRC since 1996. final rule). The first issuance of select ‘‘ADAMS Public Documents’’ and Specifically, the final rule amends Table guidance on a new rule does not

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constitute backfitting, inasmuch as the issuance of NUREG–1437, Revision 1, regulations by updating and revising the guidance must be consistent with the and NUREG–1555, Revision 1. Commission’s 1996 findings on the regulatory requirements in the new rule DATES: NUREG–1437 and NUREG–1555 environmental impacts of renewing the and the backfitting considerations are effective June 20, 2013. operating license of a nuclear power applicable to the new rule must, as a ADDRESSES: Please refer to Docket ID plant. The final rule redefines the matter of logic, also be applicable to this NRC–2008–0608 when contacting the number and scope of the environmental newly-issued guidance. Therefore, NRC about the availability of impact issues that must be addressed by issuance of this new regulatory guide information regarding this document. the NRC during license renewal does not constitute issuance of ‘‘new’’ You may access information related to environmental reviews. Most of the guidance within the meaning of the this document, which the NRC amendments made by this final rule are definition of ‘‘backfitting’’ in 10 CFR possesses and is publicly available, based upon Revision 1 to the GEIS, 50.109(a)(1). Further, issuance of this using any of the following methods: which incorporates lessons learned and guidance, like issuance of the final rule • Federal Rulemaking Web site: Go to knowledge gained from license renewal itself, does not constitute ‘‘backfitting’’ http://www.regulations.gov and search environmental reviews conducted by as defined in 10 CFR 50.109(a)(1) of the for Docket ID NRC–2008–0608. Address the NRC since 1996. Backfit Rule nor does the issuance of questions about NRC dockets to Carol Revision 1 to the GEIS is intended for this new regulatory guide, by itself, Gallagher; telephone: 301–492–3668; use by license renewal applicants and constitute an action inconsistent with email: [email protected]. For the NRC staff. The NRC published the any of the issue finality provisions in 10 technical questions, contact the draft Revision 1 to the GEIS on July 31, 2009 (74 FR 38239), for a 75-day public CFR part 52. individual listed in the FOR FURTHER comment period, ending on October 14, INFORMATION CONTACT section of this Dated at Rockville, Maryland, this 23rd day 2009. The NRC later extended the of April, 2013. document. comment period to January 12, 2010 (74 For the Nuclear Regulatory Commission. • NRC’s Agencywide Documents Access and Management System FR 51522; October 7, 2009). Thomas H. Boyce, The intent of the GEIS is to determine (ADAMS): You may access publicly Chief, Regulatory Guide Development Branch, which issues would result in the same available documents online in the NRC Division of Engineering, Office of Nuclear impact at all nuclear power plants and Regulatory Research. Library at http://www.nrc.gov/reading- which issues could result in different [FR Doc. 2013–14313 Filed 6–19–13; 8:45 am] rm/adams.html. To begin the search, levels of impact at different plants and select ‘‘ADAMS Public Documents’’ and BILLING CODE 7590–01–P thus require a plant-specific analysis for then select ‘‘Begin Web-based ADAMS impact determinations. Revision 1 to the Search.’’ For problems with ADAMS, GEIS identifies 78 environmental NUCLEAR REGULATORY please contact the NRC’s Public impact issues for consideration in COMMISSION Document Room (PDR) reference staff at license renewal environmental reviews, 1–800–397–4209, 301–415–4737, or by 59 of which have been determined to be 10 CFR Part 51 email to [email protected]. The generic to all plant sites. The GEIS also ADAMS Accession No. for each evaluates a full range of alternatives to [NRC–2008–0608] document referenced in this document the proposed action. For most impact (if that document is available in RIN 3150–AI42 areas, the proposed action (i.e., renewal ADAMS) is provided the first time that of the plant’s operating license) would a document is referenced. The ADAMS License Renewal of Nuclear Power have impacts that would be similar to or Accession Nos. for the GEIS, NUREG– Plants; Generic Environmental Impact less than impacts of the alternatives, in 1437, are as follows: ML13107A023 for Statement and Standard Review Plans large part because most alternatives the package, ML13106A241 for Volume for Environmental Reviews would require new power plant 1, ML13106A242 for Volume 2, and construction, whereas the proposed AGENCY: Nuclear Regulatory ML13106A244 for Volume 3. The action would not. Commission. ADAMS Accession No. for the ESRP, The NUREG–1437 consisted of two NUREG–1555, is ML13106A246. volumes when first issued by the NRC ACTION: NUREG–1437 and NUREG– • 1555; issuance. NRC’s PDR: You may examine and in 1996—the first volume consisting of purchase copies of public documents at the primary text and the second volume SUMMARY: The U.S. Nuclear Regulatory the NRC’s PDR, Room O1–F21, One consisting of the GEIS appendices. Commission (NRC) is updating and White Flint North, 11555 Rockville Revision 1 of NUREG–1437 expands the revising NUREG–1437, ‘‘Generic Pike, Rockville, Maryland 20852. GEIS to three volumes to meet internal Environmental Impact Statement for FOR FURTHER INFORMATION CONTACT: Mr. NRC publication requirements for License Renewal of Nuclear Plants’’ Emmanuel Sayoc, Office of Nuclear NUREG documents. Volume 1 contains (GEIS), which the NRC issued in May Reactor Regulation, U.S. Nuclear the primary text of the GEIS; Volume 2 1996. The revised GEIS provides the Regulatory Commission, Washington, contains Appendix A, which consists of technical basis for amending certain DC 20555–0001; telephone: 1–800–368– public comments and the NRC’s NRC environmental protection 5642, email: [email protected]. responses thereto; and Volume 3 regulations. The NRC has also revised SUPPLEMENTARY INFORMATION: contains the remainder of the GEIS NUREG–1555, Supplement 1, ‘‘Standard appendices. Review Plans for Environmental I. Discussion The ESRP provides guidance to NRC Reviews for Nuclear Power Plants, In the Rules and Regulations section staff in implementing the provisions in Supplement 1: Operating License of this issue of the Federal Register, the Part 51 of Title 10 of the Code of Federal Renewal’’ (ESRP). The ESRP serves as a NRC published a final rule, ‘‘Revisions Regulations (10 CFR), ‘‘Environmental guide to the NRC staff in preparing a to Environmental Review for Renewal of Protection Regulations for Domestic plant-specific supplemental Nuclear Power Plant Operating Licensing and Related Regulatory environmental impact statement to the Licenses’’ (RIN 3150–AI42), that is Functions,’’ when conducting an GEIS. This document is announcing the amending its environmental protection environmental review for the renewal of

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a nuclear power plant’s operating members of the public. Each of these 2009),’’ and can be accessed in ADAMS license. document submissions contained one or under Accession No. ML093070141. Concurrent with the final rule, GEIS more comments. The NRC also received Comments specific to the draft revised revision, and ESRP revision, the NRC is verbal comments at the six public RG 4.2, which came from Federal and also publishing in the Rules and meetings held during the public State agencies, and industry can be Regulations section of this issue of the comment period, which contained, in accessed in ADAMS under Accession Federal Register, Revision 1 to aggregate, several hundred comments. No. ML13067A355. There were no Regulatory Guide (RG) 4.2, Supplement These comments concerned or pertained comments specific to the ESRP. 1, Preparation of Environmental Reports to the proposed rule (74 FR 38117 II. Congressional Review Act for Nuclear Power Plant License published July 31, 2009) and to the draft Renewal Applications. The Accession revisions to the GEIS, ESRP and RG 4.2. In accordance with the Congressional No. for Revision 1 to RG 4.2 is A description of all public comments Review Act, the NRC has determined ML13067A354. The RG 4.2 provides that this action is not a major rule and guidance to applicants for the submitted on the draft revised GEIS and the NRC’s response to those comments, has verified this determination with the preparation of environmental reports Office of Information and Regulatory that are submitted as part of an are contained in Appendix A (Volume 2) of Revision 1 to the GEIS. A summary Affairs of the Office of Management and application for the renewal of a nuclear Budget. power plant operating license in of all six public meetings is contained accordance with 10 CFR Part 54, in the following document, ‘‘Summary Dated at Rockville, Maryland, this 23rd day of April, 2013. ‘‘Requirements for Renewal of Operating of Public Meetings to Discuss Proposed Licenses for Nuclear Power Plants.’’ Rule Regarding Part 51 of Title 10 of the For the Nuclear Regulatory Commission. During the public comment period, Code of Federal Regulations and the John W. Lubinski, the NRC received 32 document Draft Revision to the Generic Director, Division of License Renewal, Office submissions from industry stakeholders, Environmental Impact Statement for of Nuclear Reactor Regulation. representatives of Federal and State License Renewal of Nuclear Plants, [FR Doc. 2013–14314 Filed 6–19–13; 8:45 am] agencies, other interested parties, and NUREG–1437, Revision 1 (November 3, BILLING CODE 7590–01–P

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Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the New Mexico Meadow Jumping Mouse; Listing Determination for the New Mexico Meadow Jumping Mouse; Proposed Rules

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DEPARTMENT OF THE INTERIOR The coordinates or plot points or both area from critical habitat if she from which the proposed critical habitat determines that the benefits of such Fish and Wildlife Service maps are generated are included in the exclusion outweigh the benefits of administrative record for this specifying such area as part of the 50 CFR Part 17 rulemaking and are available at http:// critical habitat, unless she determines, [Docket No. FWS–R2–ES–2013–0014; www.fws.gov/southwest/es/NewMexico/, based on the best scientific data 4500030114] at http://www.regulations.gov at Docket available, that the failure to designate No. FWS–R2–ES–2013–0014, and at the such area as critical habitat will result RIN 1018–AZ32 New Mexico Ecological Services Field in the extinction of the species. The species has been proposed for listing as Endangered and Threatened Wildlife Office (see FOR FURTHER INFORMATION endangered, and therefore, we also and Plants; Proposed Designation of CONTACT). Any additional tools or propose to designate approximately Critical Habitat for the New Mexico supporting information that we may 310.5 km (193.1 mi) of critical habitat Meadow Jumping Mouse develop for this rulemaking will also be available at the Fish and Wildlife within Bernalillo, Colfax, Mora, Otero, AGENCY: Fish and Wildlife Service, Service Web site and Field Office set out Rio Arriba, Sandoval, and Socorro Interior. above, and may also be included at Counties, in New Mexico; Las Animas, ACTION: Proposed rule. http://www.regulations.gov. Archuleta, and La Plata Counties, FOR FURTHER INFORMATION CONTACT: Colorado; and Greenlee and Apache SUMMARY: We, the U.S. Fish and Counties, Arizona. Wildlife Service (Service), propose to Wally ‘‘J’’ Murphy, Field Supervisor, U.S. Fish and Wildlife Service, New We are preparing an economic designate critical habitat for the New analysis of the proposed designations of Mexico Ecological Services Field Office, Mexico meadow jumping mouse (Zapus critical habitat. In order to consider 2105 Osuna NE., Albuquerque, NM hudsonius luteus) under the Endangered economic impacts, we are preparing a 87113, by telephone 505–346–2525 or Species Act (Act). If we finalize this rule new analysis of the economic impacts of by facsimile 505–346–2542. Persons as proposed, it would extend the Act’s the proposed critical habitat who use a telecommunications device protections to this subspecies’ critical designations and related factors. We for the deaf (TDD) may call the Federal habitat. The effect of these regulations will announce the availability of the Information Relay Service (FIRS) at will be to protect the New Mexico draft economic analysis as soon as it is 800–877–8339. meadow jumping mouse’s habitat under completed, at which time we will seek the Act. SUPPLEMENTARY INFORMATION: additional public review and comment. DATES: We will accept comments Executive Summary We will seek peer review. We are received or postmarked on or before seeking comments from knowledgeable August 19, 2013. Comments submitted Why we need to publish a rule. Under individuals with scientific expertise to electronically using the Federal the Endangered Species Act (Act), any review our analysis of the best available eRulemaking Portal (see ADDRESSES species that is determined to be science and application of that science section, below) must be received by threatened or endangered requires and to provide any additional scientific 11:59 p.m. Eastern Time on the closing critical habitat to be designated, to the information to improve this proposed date. We must receive requests for maximum extent prudent and rule. Because we will consider all public hearings, in writing, at the determinable. Designations and comments and information received address shown in FOR FURTHER revisions of critical habitat can only be during the comment period, our final INFORMATION CONTACT by August 5, 2013. completed by issuing a rule. Elsewhere determinations may differ from this in today’s Federal Register, we propose ADDRESSES: You may submit comments proposal. to list the New Mexico meadow jumping by one of the following methods: Information Requested (1) Electronically: Go to the Federal mouse as an endangered species under eRulemaking Portal: http:// the Act. We intend that any final action www.regulations.gov. In the Search box, This rule consists of: A proposed rule resulting from this proposed rule will be enter FWS–R2–ES–2013–0014, which is for designation of critical habitat for the based on the best scientific and the docket number for this rulemaking. New Mexico meadow jumping mouse. commercial data available and be as Then, in the Search panel on the left The New Mexico meadow jumping accurate and as effective as possible. side of the screen, under the Document mouse has been proposed for listing Therefore, we request comments or Type heading, click on the Proposed under the Act. This rule proposes information from the public, other Rules link to locate this document. You designation of critical habitat necessary concerned governmental agencies, may submit a comment by clicking on for the conservation of the species. Native American tribes, the scientific ‘‘Comment Now!’’ The basis for our action. Under the community, industry, or any other (2) By hard copy: Submit by U.S. mail Endangered Species Act, any species interested parties concerning this or hand-delivery to: Public Comments that is determined to be a threatened or proposed rule. We particularly seek Processing, Attn: FWS–R2–ES–2013– endangered species shall, to the comments concerning: 0014; Division of Policy and Directives maximum extent prudent and (1) The reasons why we should or Management; U.S. Fish and Wildlife determinable, have habitat designated should not designate habitat as ‘‘critical Service; 4401 N. Fairfax Drive, MS that is considered to be critical. Section habitat’’ under section 4 of the Act (16 2042–PDM; Arlington, VA 22203. 4(b)(2) of the Endangered Species Act U.S.C. 1531 et seq.), including whether We request that you send comments states that the Secretary shall designate there are threats to the species from only by the methods described above. and make revisions to critical habitat on human activity, the degree of which can We will post all comments on http:// the basis of the best available scientific be expected to increase due to the www.regulations.gov. This generally data after taking into consideration the designation, and whether that increase means that we will post any personal economic impact, national security in threats outweighs the benefit of information you provide us (see the impact, and any other relevant impact of designation such that the designation of Public Comments section below for specifying any particular area as critical critical habitat is not prudent. more information). habitat. The Secretary may exclude an (2) Specific information on:

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(a) The amount and distribution of the 4(b)(1)(A) of the Act directs that listing species, at the time it is listed in New Mexico meadow jumping mouse and critical habitat determinations must accordance with the Act, on which are and its habitat; be made ‘‘solely on the basis of the best found those physical or biological (b) What may constitute ‘‘physical or scientific and commercial data features: biological features essential to the available.’’ (a) Essential to the conservation of the conservation of the species,’’ within the You may submit your comments and species and geographical range currently occupied materials concerning this proposed rule (b) Which may require special by the species; by one of the methods listed in the management considerations or (c) Where these features are currently ADDRESSES section. We request that you protection; and found; send comments only by the methods (2) Specific areas outside the (d) Whether any of these features may described in the ADDRESSES section. geographical area occupied by the require special management If you submit information via http:// species at the time it is listed, upon a considerations or protection; www.regulations.gov, your entire determination that such areas are (e) What areas, that were occupied at submission—including any personal essential for the conservation of the the time of listing (or are currently identifying information—will be posted species. occupied) and that contain features on the Web site. If your submission is Conservation, as defined under essential to the conservation of the made via a hardcopy that includes section 3 of the Act, means to use and species, should be included in the personal identifying information, you the use of all methods and procedures designation and why; and may request at the top of your document that are necessary to bring an (f) What areas not occupied at the that we withhold this information from endangered or threatened species to the time of listing are essential for the public review. However, we cannot point at which the measures provided conservation of the species and why. guarantee that we will be able to do so. pursuant to the Act are no longer (3) Land use designations and current We will post all hardcopy submissions necessary. Such methods and or planned activities in the areas on http://www.regulations.gov. Please procedures include, but are not limited occupied by the species or proposed to include sufficient information with your to, all activities associated with be designated as critical habitat, and comments to allow us to verify any scientific resources management such as possible impacts of these activities on scientific or commercial information research, census, law enforcement, this species and proposed critical you include. habitat acquisition and maintenance, habitat. Comments and materials we receive, propagation, live trapping, and (4) Information on the projected and as well as supporting documentation we transplantation, and, in the reasonably likely impacts of climate used in preparing this proposed rule, extraordinary case where population change on the New Mexico meadow will be available for public inspection pressures within a given ecosystem jumping mouse and proposed critical on http://www.regulations.gov, or by cannot be otherwise relieved, may habitat. appointment, during normal business include regulated taking. (5) Any foreseeable economic, hours, at the U.S. Fish and Wildlife Critical habitat receives protection national security, or other relevant Service, New Mexico Ecological under section 7 of the Act through the impacts that may result from Services Field Office (see FOR FURTHER requirement that Federal agencies designating any area that may be INFORMATION CONTACT). ensure, in consultation with the Service, included in the final designation. We that any action they authorize, fund, or Previous Federal Actions are particularly interested in any carry out is not likely to result in the impacts on small entities, and the All previous Federal actions are destruction or adverse modification of benefits of including or excluding areas described in the proposal to list the New critical habitat. The designation of from the proposed designation that are Mexico meadow jumping mouse as an critical habitat does not affect land subject to these impacts. endangered species under the Act ownership or establish a refuge, (6) Whether our approach to published elsewhere in today’s Federal wilderness, reserve, preserve, or other designating critical habitat could be Register. conservation area. Such designation improved or modified in any way to Background does not allow the government or public provide for greater public participation to access private lands. Such and understanding, or to assist us in It is our intent to discuss below only designation does not require accommodating public concerns and those topics directly relevant to the implementation of restoration, recovery, comments. proposed designation of critical habitat or enhancement measures by non- (7) The likelihood of adverse social for the New Mexico meadow jumping Federal landowners. Where a landowner reactions to the designation of critical mouse. For a thorough assessment of the requests Federal agency funding or habitat and how the consequences of species’ biology and natural history authorization for an action that may such reactions, if likely to occur, would including limiting factors and species affect a listed species or critical habitat, relate to the conservation and regulatory resource needs, please refer to the May the consultation requirements of section benefits of the proposed critical habitat 2013 version of the New Mexico 7(a)(2) of the Act would apply, but even designation. Meadow Jumping Mouse Species Status in the event of a destruction or adverse Please include sufficient information Assessment (SSA Report; Service 2013, modification finding, the obligation of with your submission (such as scientific entire, available online at the Federal action agency and the journal articles or other publications) to www.regulations.gov, Docket No. FWS– landowner is not to restore or recover allow us to verify any scientific or R2–ES–2013–0014). the species, but to implement commercial information you include. Critical Habitat reasonable and prudent alternatives to Please note that submissions merely avoid destruction or adverse stating support for or opposition to the Background modification of critical habitat. action under consideration without Critical habitat is defined in section 3 Under the first prong of the Act’s providing supporting information, of the Act as: definition of critical habitat, areas although noted, will not be considered (1) The specific areas within the within the geographical area occupied in making a determination, as section geographical area occupied by the by the species at the time it was listed

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are included in a critical habitat Report (Service 2013, entire) and the following situations exist: (1) The designation if they contain physical or proposed rule for listing the species as species is threatened by taking or other biological features (1) essential to the endangered (which is publishing human activity, and identification of conservation of the species and (2) simultaneously with this proposed rule critical habitat can be expected to which may require special management in today’s Federal Register). Additional increase the degree of threat to the considerations or protection. For these information sources may include species, or (2) such designation of areas, critical habitat designations articles in peer-reviewed journals, critical habitat would not be beneficial identify, to the extent known using the conservation plans developed by States to the species. best scientific and commercial data and counties, scientific status surveys There is no documentation that the available, those physical or biological and studies, biological assessments, New Mexico meadow jumping mouse is features that are essential to the other unpublished materials, or experts’ currently threatened by collection, and conservation of the species (such as opinions or personal knowledge. mapping of critical habitat is not space, food, cover, and protected Habitat is dynamic, and species may expected to initiate any such threat. In habitat). In identifying those physical move from one area to another over the absence of a finding that the and biological features within an area, time. We recognize that critical habitat designation of critical habitat would we focus on the principal biological or designated at a particular point in time increase threats to a species, if there are physical constituent elements (primary may not include all of the habitat areas any benefits to a critical habitat constituent elements such as roost sites, that we may later determine are designation, then a prudent finding is nesting grounds, seasonal wetlands, necessary for the recovery of the warranted. The potential benefits water quality, tide, soil type) that are species. For these reasons, a critical include: (1) Triggering consultation essential to the conservation of the habitat designation does not signal that under section 7 of the Act in new areas species. Primary constituent elements habitat outside the designated area is for actions in which there may be a are the specific elements of physical or unimportant or may not be needed for Federal nexus where it would not biological features that provide for a recovery of the species. Areas that are otherwise occur because, for example, it species’ life-history processes, and are important to the conservation of the has become unoccupied or the essential to the conservation of the species, both inside and outside the occupancy is in question; (2) focusing species. critical habitat designation, will conservation activities on the most Under the second prong of the Act’s continue to be subject to: (1) essential features and areas; (3) definition of critical habitat, we can Conservation actions implemented providing educational benefits to State designate critical habitat in areas under section 7(a)(1) of the Act, (2) or county governments or private outside the geographical area occupied regulatory protections afforded by the entities; and (4) preventing people from by the species at the time it is listed, requirement in section 7(a)(2) of the Act causing inadvertent harm to the species. upon a determination that such areas for Federal agencies to ensure their Therefore, because we have determined are essential for the conservation of the actions are not likely to jeopardize the that the designation of critical habitat species. We designate critical habitat in continued existence of any endangered will not likely increase the degree of areas outside the geographic area or threatened species, and (3) the threat to the species, and may provide occupied by a species only when a prohibitions of section 9 of the Act if some measure of benefit, we find that designation limited to its range would actions occurring in these areas may designation of critical habitat is prudent be inadequate to ensure the affect the species. Federally funded or for the New Mexico meadow jumping conservation of the species. permitted projects affecting listed mouse. Section 4 of the Act requires that we species outside their designated critical designate critical habitat on the basis of habitat areas may still result in jeopardy Critical Habitat Determinability the best scientific data available. findings in some cases. These Having determined that designation is Further, our Policy on Information protections and conservation tools will prudent, under section 4(a)(3) of the Standards Under the Endangered continue to contribute to recovery of Act, we must find whether critical Species Act (published in the Federal this species. Similarly, critical habitat habitat for the New Mexico meadow Register on July 1, 1994 (59 FR 34271)), designations made on the basis of the jumping mouse is determinable. Our the Information Quality Act (section 515 best available information at the time of regulations at 50 CFR 424.12(a)(2) state of the Treasury and General designation will not control the that critical habitat is not determinable Government Appropriations Act for direction and substance of future when one or both of the following Fiscal Year 2001 (Pub. L. 106–554; H.R. recovery plans, habitat conservation situations exist: 5658)), and our associated Information plans (HCPs), or other species (1) Information sufficient to perform Quality Guidelines, provide criteria, conservation planning efforts if new required analyses of the impacts of the establish procedures, and provide information available at the time of designation is lacking, or guidance to ensure that our decisions these planning efforts calls for a (2) The biological needs of the species are based on the best scientific data different outcome. are not sufficiently well known to available. They require our biologists, to permit identification of an area as Prudency Determination the extent consistent with the Act and critical habitat. with the use of the best scientific data Section 4(a)(3) of the Act, as When critical habitat is not available, to use primary and original amended, and implementing regulations determinable, the Act provides for an sources of information as the basis for (50 CFR 424.12), require that, to the additional year to publish a critical recommendations to designate critical maximum extent prudent and habitat designation (16 U.S.C. habitat. determinable, the Secretary designate 1533(b)(6)(C)(ii)). When we are determining which areas critical habitat at the time the species is We reviewed the available should be designated as critical habitat, determined to be an endangered or information pertaining to the biological our primary source of information is threatened species. Our regulations (50 needs of the species and habitat generally the information developed CFR 424.12(a)(1)) state that the characteristics where this species is during the listing process for the species designation of critical habitat is not located. This and other information as reviewed in the May 2013 SSA prudent when one or both of the represent the best scientific data

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available and led us to conclude that the that it hibernates about 8 or 9 months measure population health by the size of designation of critical habitat is out of the year, longer than most the intact, suitable habitat available. We determinable for the New Mexico mammals. Conversely, it is only active estimate that resilient populations of meadow jumping mouse. 3 or 4 months during the summer. New Mexico meadow jumping mice Within this short time frame, it must need at least about 27.5 to 73.2 ha (68 Physical or Biological Features breed, birth, and raise young, and store to 181 ac) of suitable habitat along 9 to In accordance with section 3(5)(A)(i) up sufficient fat reserves to survive the 24 km (5.6 to 15 mi) of flowing streams, and 4(b)(1)(A) of the Act and regulations next year’s hibernation period. In ditches, or canals. This distribution and at 50 CFR 424.12, in determining which addition, New Mexico meadow jumping amount of suitable habitat would areas within the geographical area mice only live 3 years or less and have support multiple subpopulations of occupied by the species at the time of one small litter annually with 7 or fewer New Mexico meadow jumping mice listing to designate as critical habitat, young, so the species has limited throughout each of the waterways and we consider the physical or biological capacity for high population growth would provide for sources of features that are essential to the rates due to this low fecundity. As a recolonization if some areas were conservation of the species and which result, if resources are not available in extirpated due to disturbances, thereby may require special management a single season, New Mexico meadow increasing the chance of New Mexico considerations or protection. These jumping mice populations would be meadow jumping mouse populations include, but are not limited to: greatly impacted. surviving the elimination or alteration (1) Space for individual and The New Mexico meadow jumping of suitable habitat from a variety of population growth and for normal mouse has exceptionally specialized sources and persisting while the behavior; habitat requirements to support these necessary vegetation is restored. The (2) Food, water, air, light, minerals, or life-history needs and maintain suitable habitat patches must be other nutritional or physiological adequate population sizes. Habitat relatively close together because the requirements; requirements are characterized by tall New Mexico meadow jumping mouse (3) Cover or shelter; (averaging at least 61 cm (24 in)), dense (4) Sites for breeding, reproduction, or has limited dispersal capacity for herbaceous (plants with no woody natural recolonization. Range wide, we rearing (or development) of offspring; tissue) riparian vegetation composed and determined that the New Mexico primarily of sedges and forbs. This meadow jumping mouse needs at least (5) Habitats that are protected from suitable habitat is found only when disturbance or are representative of the two resilient populations (where at least wetland vegetation achieves full growth two existed historically) within each of historical, geographic, and ecological potential associated with perennial distributions of a species. eight identified geographic conservation flowing water. This vegetation is an areas. This number and distribution of We derive the specific physical or important resource need for the New biological features required for the New resilient populations is expected to Mexico meadow jumping mouse provide the species with the necessary Mexico meadow jumping mouse from because it provides vital food sources studies of this species’ habitat, ecology, redundancy and representation to (insects and seeds), as well as the provide for viability. and life history as described below. structural material for building day Unfortunately, there have been nests that are used for shelter from Populations of New Mexico meadow relatively few studies on the New predators. It is imperative that the New jumping mice with a high likelihood of Mexico meadow jumping mouse and its Mexico meadow jumping mouse have long-term viability require functionally natural life history, and information rich abundant food sources during the connected areas throughout stream gaps remain. However, we have used summer so it can accumulate sufficient reaches, ditches, or canals. This the best available information as fat reserves to survive their long continuous suitable habitat is necessary described in the May 2013 SSA Report hibernation period because the species to attain the population sizes and (Service 2013, entire). To identify the does not cache food for the winter. In densities needed to increase the physical and biological needs of the addition, individual New Mexico probability that populations of the New Mexico meadow jumping mouse, meadow jumping mice also need intact species will persist in the face of natural we have relied on conditions at upland areas adjacent to riparian or manmade events and seasonal currently occupied locations where the wetland areas because this is where they fluctuations of food resources. Because New Mexico meadow jumping mouse build nests or use burrows to give birth the species occurs only in areas that are has been observed during surveys, and to young in the summer and to water-saturated, populations have a the best information available on the hibernate over the winter. high potential for extirpation when species and its close relatives. Below, These suitable habitat conditions habitat dries due to ground and surface we summarize the physical and need to be in appropriate locations and water depletion, draining of wetlands, biological features needed by foraging, of adequate sizes to support healthy or drought. New Mexico meadow breeding, and hibernating New Mexico populations of the New Mexico meadow jumping mouse habitat is subject to meadow jumping mice. For a complete jumping mouse. Historically, these dynamic changes that result from review of the physical and biological wetland habitats would have been in flooding and drying of these waterways features required by the New Mexico large patches located intermittently and the ensuing fluctuations (loss and meadow jumping mouse, see Chapter 2 along long stretches of streams. The regrowth) in the quantity and location of in the May 2013 SSA Report (Service ability of New Mexico meadow jumping dense herbaceous riparian vegetation 2013, Chapter 2). mouse populations to be resilient to over time. Consequently, fluctuating For the New Mexico meadow jumping adverse stochastic events depends on water levels may create circumstances mouse to be considered viable, the robustness of a population and the in which New Mexico meadow jumping individual mice need specific vital ability to recolonize if populations are mice population sizes and locations resources for survival and completion of extirpated. Because counting individual within a waterway vary over time, and their life history. One of the most New Mexico meadow jumping mice to populations may be periodically important aspects of the New Mexico assess population sizes is very difficult extirpated and subsequently meadow jumping mouse life history is and data are unavailable, we can best recolonized. To encompass the daily

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and seasonal movements of the majority asters (Aster spp.), or cutleaf coneflower species will persist in the face of natural of individual New Mexico meadow (Rudbeckia laciniata); and or manmade events and seasonal jumping mice and allow for the (3) Sufficient areas of 9 to 24 km (5.6 fluctuations of food resources. This occasional inter-population dispersal to to 15 mi) along a stream, ditch, or canal configuration of suitable habitat would occur unimpeded, appropriately-sized that contain suitable or restorable encompass the daily and seasonal patches of suitable habitat should be no habitat to support movements of movements of the majority of individual more than about 100 m (330 feet) apart individual New Mexico meadow New Mexico meadow jumping mice and within these waterways. jumping mice; and would allow occasional inter- (4) Include adjacent floodplain and population dispersal to occur Primary Constituent Elements upland areas extending approximately unimpeded. Under the Act and its implementing 100 m (330 ft) outward from the water’s regulations, we are required to identify edge (as defined by the bankfull stage of Special Management Considerations or the physical or biological features streams). Protection essential to the conservation of the New This proposed designation is designed When designating critical habitat, we Mexico meadow jumping mouse in the to support the necessary life-history assess whether the specific areas within geographic area occupied by the species functions of the species and the areas the geographic area occupied by the at the time of listing, focusing on the containing those PCEs in the species at the time of listing contain features’ primary constituent elements. appropriate quantity and spatial features that are essential to the We consider primary constituent arrangement essential for the conservation of the species and which elements to be the elements of physical conservation of the species. We may require special management or biological features that provide for a determined that these primary considerations or protection. The species’ life-history processes and that constituent elements of critical habitat features essential to the conservation of are essential to the conservation of the provide for the physiological, this species may require special species. behavioral, and ecological requirements management considerations or Based on our current knowledge of of the species. New Mexico meadow protection to reduce the following the physical or biological features and jumping mice require herbaceous threats: Excessive grazing pressure, habitat characteristics required to riparian vegetation associated with water use and management, highway sustain the species’ life-history perennial (persistent) flowing water and reconstruction, development, severe processes (Service 2013, Chapter 2), we adjacent uplands that can support the wildland fires, unregulated recreation, determine that the primary constituent necessary habitat components needed the reduction in the distribution and elements (PCEs) specific to the New by foraging, breeding, and hibernating abundance of beaver ponds. These Mexico meadow jumping mouse consist individuals. New Mexico meadow threats have the potential to affect the of the following: jumping mice must also have sufficient PCEs if they are conducted within or (1) Riparian communities along rivers cover within which to forage in an adjacent to units proposed as critical and streams, springs and wetlands, or appropriate configuration and proximity habitat. canals and ditches characterized by one to day, maternal, and hibernation Management activities that could of two wetland vegetation community nesting sites. This vegetation enables ameliorate these threats include, but are types: New Mexico meadow jumping mice to not limited to: (1) Maintenance of (a) Persistent emergent herbaceous find adequate food resources not only to occupied New Mexico meadow jumping wetlands dominated by beaked sedge successfully raise young, but also to mouse sites with active management to (Carex rostrata) or reed canarygrass accumulate sufficient body fat for continue the protection of these areas (Phalaris arundinacea) alliances; or survival during hibernation. The from livestock grazing; (2) restoring, (b) Scrub-shrub riparian areas that are appropriate configuration is provided by enhancing, and managing additional dominated by willows (Salix spp.) or protecting multiple local populations habitat through fencing of riparian alders (Alnus spp.); and throughout a minimum length of stream areas, especially the Santa Fe, Lincoln, (2) Flowing water that provides or ditch or canal of 9 to 24 km (5.6 to and Apache-Sitgreaves National Forests, saturated soils throughout the New 15 mi) of suitable habitat that will to restore the required vegetative Mexico meadow jumping mouse’s active ensure sufficient resiliency of components and support the expansion season that supports tall (average populations such that the species will of populations of the New Mexico stubble height of herbaceous vegetation be able to withstand and recover from meadow jumping mouse located since of at least 69 cm (27 inches) and dense periodic disturbances. Therefore, this 2005 into areas that were historically herbaceous riparian vegetation (cover amount of suitable habitat would occupied by the species, but where averaging at least 61 vertical cm (24 support multiple local populations natural expansion is currently unlikely inches) composed primarily of sedges throughout each of the waterways, because no suitable habitat remains; (3) (Carex spp. or Schoenoplectus pungens) thereby increasing the chance of New restoring habitat on Bosque del Apache and forbs, including, but not limited to Mexico meadow jumping mouse National Wildlife Refuge (NWR) or other one or more of the following associated populations surviving the elimination or areas by carefully managing mowing species: Spikerush (Eleocharis alteration of suitable habitat from a and removing willows older than 5 macrostachya), beaked sedge (Carex variety of sources and persisting while years to maintain early seral habitat rostrata), reed canarygrass (Phalaris the necessary vegetation is restored. conditions along irrigation canals and arundinacea), rushes (Juncus spp. and Populations of New Mexico meadow ditches; and (4) developing and Scirpus spp.), and numerous species of jumping mice with a high likelihood of implementing a beaver management or grasses such as bluegrass (Poa spp.), long-term viability require functionally restoration plan for occupied and slender wheatgrass (Elymus connected areas throughout stream historic New Mexico meadow jumping trachycaulus), brome (Bromus spp.), reaches, ditches, or canals. This mouse localities where appropriate. A foxtail barley (Hordeum jubatum), or continuous suitable habitat is necessary more complete discussion of the threats Japanese brome (Bromus japonicas), and to attain the population sizes and to the jumping mouse and its habitats forbs such as water hemlock (Circuta densities needed to increase the can be found in the May 2013 SSA douglasii), field mint (Mentha arvense), probability that populations of the Report (Service 2013, Chapter 5).

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Criteria Used To Identify Critical could already be extirpated. Moreover, determined that, because of the loss of Habitat an additional seven populations may a substantial number (approximately 70) The following discussion describes continue to experience loss of habitat of historically occupied locations of the the process and methodology that we from postfire flooding in the near term. New Mexico meadow jumping mouse used to identify the areas to propose as Nevertheless, since no newer (Service 2013, Chapter 4) the number critical habitat units for the New Mexico information has shown the New Mexico and distribution of populations should meadow jumping mouse. As required by meadow jumping mouse to be be increased at all of the currently section 4(b)(2) of the Act, we used the extirpated from any of these locations, occupied areas for the New Mexico best scientific data available to we find that the best available meadow jumping mouse to be viable. designate critical habitat. We relied information supports considering these The populations at these areas are areas to be within the geographic area needed to maintain sufficient heavily on the analysis of biological occupied by the New Mexico meadow redundancy and representation to information reviewed in the SSA Report jumping mouse at the time of listing. provide for species viability (see Service (Service 2013, Chapters 2 and 3). In The occupied areas include the 29 2013, Chapters 3 and 6). However, the accordance with section 3(5)(A) of the locations that contain suitable habitat areas occupied by the mouse since 2005 Act and its implementing regulation at plus an additional 0.8-km (0.5-mi) do not contain enough suitable, 50 CFR 424.12(e), we determined the segment upstream and downstream of connected habitat to support resilient specific areas within the geographical these capture localities. These populations of New Mexico meadow area occupied by the species, at the time additional 0.8-km (0.5-mi) segments are jumping mouse (Service 2013, Chapter it is listed, where are found the physical considered occupied because this is 3). or biological features that are essential approximately the maximum dispersal Because the species needs multiple to the conservation of the species and distance that an individual New Mexico local populations along streams and which may require special management meadow jumping mouse has been other waterways to maintain genetic considerations or protections (described observed to travel (744 meters, 2,441 diversity and provide sources for earlier). Next, we determined the feet; Frey and Wright 2012, pp. 16, 109). recolonization when local populations specific areas outside the geographical Although the species usually exhibits are extirpated, it was important that we area occupied by the species at the time extreme site fidelity with regular daily consider areas adjacent to the locations it is listed that are found to be essential and seasonal movements of less than considered occupied by the mouse since for the conservation of the species. 100 m (330 feet) (Frey and Wright 2012, 2005 to provide for population Finally, we described how we pp. 16, 109), these additional 0.8-km resiliency and species viability. We determined the lateral extent and (0.5-mi) segments have the potential to found that it is essential for the mapping processes used in developing be occupied during the active season of conservation of the New Mexico the proposed critical habitat units. the species if a New Mexico meadow meadow jumping mouse to expand its Occupied Areas—Section 3(5)(A)(i) of jumping mouse moves the maximum occupied habitats into areas considered the Act known distance beyond the protective currently unoccupied, but within its herbaceous cover found within the 29 historical range. The inclusion of Our initial step was to decide how to locations. For each of the occupied essential but unoccupied areas will not determine what areas are within the areas, we next decided whether these only protect these segments and provide geographic area occupied by the New areas contain the essential elements of habitat for population expansion from Mexico meadow jumping mouse at the physical and biological features which the 29 locations documented since time of listing (occupied areas). In may require special management 2005, but also provide sites for possible reviewing all of the available data on considerations or protections (PCEs and future reintroduction that will improve New Mexico meadow jumping mouse special management are described the species’ status through added occurrences, we decided that verified above). As noted, all of the 29 locations population resiliency. For example, collections of the species between 2005 found since 2005 are considered when unoccupied habitat is restored, to 2012 would be used to identify the currently occupied by the New Mexico the New Mexico meadow jumping areas considered occupied by the New meadow jumping mouse and contain mouse would have the ability to expand Mexico meadow jumping mouse at the the essential PCEs (1 and 2), indicating beyond the 0.8-km (0.5-mi) segments time of listing. This timeframe was each area requires special management surrounding each of the 29 locations selected because we found no capture considerations or protections to and populate the individual stream records of New Mexico meadow maintain those PCEs. Each of these 29 reaches or waterways. Consequently, the jumping mice between 1996 and 2005. locations documented since 2005 occur currently unoccupied segments within For a detailed review of this assessment, within 1 of the 19 units or subunits individual stream reaches or waterways see Chapter 3 of the May 2013 SSA (some units or subunits contain need to be of sufficient size to allow for Report (Service 2013) where we multiple occupied locations) proposed the expansion of current and future referenced historical records as those as critical habitat for the New Mexico populations and provide connectivity from the 1980s and 1990s and current meadow jumping mouse. For a site-by- (active season movements and records as those verified from 2005 to site analysis of the 29 locations, see the dispersal) between multiple populations 2012. This assessment resulted in 29 May 2013 SSA Report Chapter 4 as they become established. locations of the New Mexico meadow (Service 2013). So for each of the 19 areas jumping mouse considered occupied at (encompassing 29 locations) considered the time of listing. However, there is Partially Occupied Areas—Section occupied, we proposed critical habitat uncertainty regarding the current status 3(5)(A)(ii) of the Act units that include areas that are of the 29 populations that have been We then decided which areas that are considered unoccupied adjacent to the found since 2005 because 11 of the 29 outside the geographic area occupied by occupied areas. The currently occupied populations have been substantially the species at the time of listing areas contain the essential PCEs (1 and compromised since 2011 (due to water (unoccupied areas) are essential for the 2), indicating each area requires special shortages, grazing, or wildfire and conservation of the New Mexico management considerations or postfire flooding), and these populations meadow jumping mouse. We first protections to maintain those PCEs;

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however, the unoccupied areas are critical habitat units or subunits, but not remain constant and, depending on essential for the restoration of the rather, that suitable habitat should be local conditions, are likely to expand essential PCEs (1, 2, 3, and 4) along disperse throughout waterways to allow and contract. Nevertheless, areas streams and other waterways. Each of for natural behaviors and perhaps containing suitable habitat should be no these units or subunits are considered occasional longer distance (i.e., from more than about 100 m (330 feet) apart ‘‘partially occupied’’ because they 200 to 700 m (656 to 2,297 ft)) within these waterways, which would include some small areas that have been exploratory movements (Frey and encompass the majority of daily and occupied by the species since 2005 and Wright 2012, p. 109), including seasonal movements of individual New other larger areas upstream or dispersal. Mexico meadow jumping mice (Wright downstream that are not known to be These movement and dispersal and Frey 2012, p. 109). This occupied by the New Mexico meadow corridors are needed to connect sites configuration of habitat provides for a jumping mouse at the time of listing. that we consider occupied to one local population to be ‘‘functionally To decide what areas of unoccupied another within individual units or connected,’’ such that the movements of habitat should be included in proposed subunits, but not among units or the majority of individual New Mexico critical habitat units that are partially subunits, which will enhance genetic meadow jumping mice and perhaps occupied, we focused on areas that had exchange between New Mexico meadow occasional interpopulation dispersal historical collection records confirmed jumping mouse populations and allow occur unimpeded. to be the New Mexico meadow jumping for natural recolonization if local As a result of this analysis, we have mouse. Capture locations were then populations are extirpated (Service determined that some of the areas used to approximate previously 2013, Section 2.6). Historically, within the proposed critical habitat occupied habitat and guide our populations were likely distributed units do not contain currently suitable proposed critical habitat areas. We then throughout drainages, with a series of habitat and are beyond the maximum identified areas of potential habitat that interconnected local populations (also known dispersal distance of 0.8 km (0.5 have been recently restored, areas that called subpopulations) occupying mi) to be considered occupied at any likely still contain the habitat suitable habitat patches within point in time. For example, within characteristics sufficient to support the individual streams. Interconnected local proposed Unit 2 we include the Harold life history of the species, or areas populations were likely arranged within Brock Fishing Easement that is located where functionally connected patches of suitable habitat patches along streams in between the two sites that we consider suitable habitat will be required to such a way that individuals could fulfill occupied on Coyote Creek. The fishing provide for resilient populations and their daily and seasonal movements of easement is considered unoccupied conserve the species. about 100 m (330 feet), but also because it does not currently contain In considering how much area to occasionally move greater distances suitable habitat and is beyond the daily include in proposed critical habitat (i.e., 200 to 744 m (656 to 2,441 ft)) to and seasonal movement capacity of the units we considered how much suitable disperse to other habitat patches within species. Increasing the amount of habitat might be needed to support stream segments (Frey and Wright 2012, suitable habitat in units like Coyote resilient populations. In reviewing the p. 109). This ability to have multiple Creek is essential because it expands the available information, we think that local populations is important to available habitat within a given unit that New Mexico meadow jumping mouse maintaining genetic diversity within the can be occupied by the species and populations generally need connected populations along streams and provides for potentially increasing areas of suitable habitat along at least 9 providing sources for recolonization population size within that riparian to 24 km (5.6 to 15 mi) of continuous when local populations are extirpated. system. Increased population sizes are suitable habitat to support viable For example, if a site is extirpated, essential to conserving the species as populations of New Mexico meadow recolonization from persisting local higher numbers of individuals in the jumping mice with a high likelihood of source populations within the same populations increases the likelihood of long-term persistence (Service 2013, general area would have to occur along the persistence of the populations over Section 2.7). This stream length is twice riparian corridors that contain suitable time, in other words larger populations the length recommended by Frey (2011, habitat (Frey 2011, p. 41). increase population resiliency. p. 29) because we think it is important As a result, the most likely routes for to account for the ability of populations dispersal of New Mexico meadow Completely Unoccupied Areas—Section to have a higher probability of jumping mice among sites would occur 3(5)(A)(ii) of the Act withstanding catastrophic events such along perennial or intermittent We next considered whether there as wildfire. We used this length as a drainages where habitat is present or were any other areas within the species’ general guide for determining proposed restorable. Although we did not select historical range but outside of the critical habitat areas along waterways, specific areas in which to designate geographic area occupied at the time of but each unit and subunit were movement corridors, we assumed listing (in other words completely evaluated on a site-by-site basis to perennial drainages are better unoccupied areas) that are essential for determine the best configuration of movement corridors than ephemeral or the conservation of the New Mexico proposed critical habitat to support New intermittent drainages, and the meadow jumping mouse. In other Mexico meadow jumping mouse ephemeral or intermittent drainages are words, we examined whether resilient populations in that unit or subunit. better movement corridors than upland populations at the 19 partially occupied In proposing critical habitat routes. We also assume that, if all else proposed units (with 29 locations boundaries, we also considered the need is equal, the shorter the route the more occupied since 2005) would be for movement and dispersal to occur likely New Mexico meadow jumping sufficient to provide for viability of the between suitable habitat areas within a mice will successfully move. Because New Mexico meadow jumping mouse. proposed critical habitat unit or subunit. New Mexico meadow jumping mouse We reviewed the current and historical We do not anticipate that suitable habitat is subject to the dynamic process distribution of the species within each habitat containing dense riparian of flooding, inundation, and drought, of the eight conservation areas across its herbaceous vegetation will be the extent and location of riparian range and the need for sufficient continuous throughout each of the corridors along streams and rivers may redundancy for the New Mexico

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meadow jumping mouse (Service 2013, as much to connectivity, stability, or m (328 ft) on either side recognizes the Chapter 3). With three exceptions, we protection against catastrophic loss. naturally dynamic nature of riverine found that each of the conservation Consequently, we are not proposing systems, recognizes that floodplains are areas would have sufficient populations historical locations along riparian an integral part of the stream ecosystem, to support species viability if the segments as critical habitat because we and contains the area and associated current New Mexico meadow jumping did not find them to be essential for features essential to the conservation of mouse areas were expanded to provide conservation of the New Mexico the species. Bankfull stage is not an for resilient populations. The exceptions meadow jumping mouse. ephemeral feature, meaning it does not where the historic distribution is not disappear. Bankfull stage can always be Lateral Extent adequately represented by recently determined and delineated for any located populations were in the Jemez To allow normal behavior and to stream and for the canals and ditches Mountains, the Sacramento Mountains, ensure that the New Mexico meadow we are proposing as critical habitat. We and the Rio Grande conservation areas. jumping mouse and the physical and acknowledge that the bankfull stage of We found that the conservation of the biological features and sufficient PCEs any given segment may change species requires increasing the number on which it depends are protected, we depending on the magnitude of a flood and distribution of populations of the believe that the outward extent of event, but it is a definable and standard New Mexico meadow jumping mouse to critical habitat from the riparian habitats measurement for stream systems. allow for the restoration and expansion should at least approximate the 100-year Following high flow events, stream of recently located populations into floodplain. Unfortunately, floodplains channels can move from one side of a areas that were historically occupied have not been mapped for many streams canyon to the opposite side, for within the Jemez Mountains, within the New Mexico meadow example. If we were to designate critical Sacramento Mountains, and the middle jumping mouse’s range. While habitat based on the location of the Rio Grande. alternative delineation of critical habitat stream on a specific date, the area We found four subunits (described based on geomorphology and existing within the designation could be a dry under the Jemez Mountains, Sacramento vegetation could accurately portray the channel in less than 1 year from the Mountains, and middle Rio Grande presence and extent of required habitat publication of the determination, should Units below) within three conservation components, we lack the explicit data to a high flow event occur. areas that are completely unoccupied, allow us to conduct such a delineation but are essential for the conservation of of critical habitat on a site-by-site basis. Mapping the New Mexico meadow jumping Moreover, some locations are associated The critical habitat units that we mouse. Inclusion of these areas provides with canals and ditches (e.g., Bosque del propose were first delineated by for expansion of the overall geographic Apache NWR) that are manmade and do creating rough areas for each unit by distribution of the species and increases not have any associated floodplain. To screen-digitizing polygons (map units) the redundancy within these address these issues, we propose to use using Google Earth. We then digitized conservation areas. Much of the habitat a set distance of 100 m (328 ft) outward and refined the units using ArcMap within these four unoccupied subunits from either side of the river, stream, version 10 (Environmental Systems (Rio de las Vacas, Upper Rio Pen˜ asco, irrigation ditch, or canal’s edge. The Research Institute, Inc.), a computer Isleta Pueblo, and Ohkay Owingeh) river, stream, irrigation ditch or canal’s Geographic Information System (GIS) contained New Mexico meadow edge is defined by the bankfull stage. program. The polygons were created by jumping mice as recently as the late We believe this width is necessary to using current (2005 to 2012) and 1980s (Morrison 1985, entire; 1988, pp. accommodate not only stream historical species (1985 to 1996) 22–35; 1989, pp. 7–23; 1992, p. 311; meandering and high flows within location points, which were then used Frey 2005a, p. 7). For each of these natural waterways, but also to capture in conjunction with hydrology, unoccupied subunits, we found that, essential upland areas in order to ensure vegetation, and expert opinion. The because of ongoing habitat loss, the that this proposed designation contains location points were split into current conservation of the New Mexico the features essential to all of the life- and historical groups because we found meadow jumping mouse requires the history stages (e.g., foraging, breeding, no capture records of New Mexico protection of stream reaches with a high and hibernation) and the conservation meadow jumping mice between 1996 potential for restoration of suitable of the species (Service 2013, Chapter 3). and 2005. habitat to enable the reestablishment of While this lateral extent of critical We set the limits of each critical the New Mexico meadow jumping habitat may not extend outward to all habitat unit by identifying landmarks mouse within areas that were areas used by individual mice over time, (islands, confluences, roadways, historically occupied. The protection we expect that it will support the full crossings, dams) that clearly delineated and restoration of suitable habitat range of PCEs essential for conservation each area. Stream confluences are often within these areas will enable the of New Mexico meadow jumping mouse used to delineate the boundaries of a reestablishment of the New Mexico populations in these reaches. unit for an aquatic species because the meadow jumping mouse and increase Bankfull stage is defined as the upper confluence of a tributary typically marks its distribution to provide population level of the range of channel-forming a significant change in the size or redundancy and resiliency. flows, which transport the bulk of habitat characteristics of the stream. In evaluating what areas are essential available sediment over time. Bankfull Stream confluences are also logical and for the New Mexico meadow jumping stage is generally considered to be that recognizable termini. When a named mouse, we do not propose as critical level of stream discharge reached just tributary was not available, or if another habitat a number of historical locations before flows spill out onto the adjacent landmark provided a more recognizable of the New Mexico meadow jumping floodplain. The discharge that occurs at boundary, another landmark was used. mouse because we do not think they are bankfull stage, in combination with the When current or historical locations essential for conservation of the species. range of flows that occur over a length of New Mexico meadow jumping mice These omitted locations are, compared of time, govern the shape and size of the were used to delineate upstream and to other habitat segments, believed to be river channel (Rosgen 1996, pp. 2–2 to downstream boundaries of critical of lesser quality and do not contribute 2–4). The use of bankfull stage and 100 habitat, we extended the boundaries by

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about 0.8 km (0.5 mi) to encompass may not reflect the exclusion of such The critical habitat designation is areas that have the potential to be developed lands. Any such lands defined by the maps, as modified by any occupied during the active season of the inadvertently left inside critical habitat accompanying regulatory text, presented species if a New Mexico meadow boundaries shown on the maps of this at the end of this document in the rule jumping mouse moves the maximum proposed rule have been excluded by portion. We will make the coordinates known distance beyond the protective text in the proposed rule and are not or plot points or both on which each herbaceous cover. However, we then proposed for designation as critical map is based available to the public on refined the starting and end points by habitat. Therefore, if the critical habitat http://www.regulations.gov at Docket evaluating appropriate habitat is finalized as proposed, a Federal No. FWS–R2–ES–2013–0014, at http:// action involving these lands would not conditions based on the presence or www.fws.gov/southwest/es/NewMexico/, trigger section 7 consultation with absence of perennial water or suitable and at the New Mexico Ecological respect to critical habitat and the vegetation. We selected upstream and FOR FURTHER requirement of no adverse modification Services Field Office (see downstream cutoff points that would INFORMATION CONTACT above). avoid including highly degraded areas unless the specific action would affect that are not likely restorable. For the physical or biological features in the Proposed Critical Habitat Designation example, we did not include areas that adjacent critical habitat. We are proposing to designate were permanently dewatered or Summary permanently developed (i.e., natural approximately 310.5 km (193.1 mi) In summary, we are proposing for vegetation removed), or areas in which (5,892 ha (14,560 ac)) in eight units as designation of critical habitat there was some other indication that critical habitat for the New Mexico geographic areas that we have meadow jumping mouse in the states of suitable habitat no longer existed and determined are occupied by the New was not likely to be restored. Colorado, New Mexico, and Arizona. Mexico meadow jumping mouse at the The critical habitat areas we describe When determining proposed critical time of listing and contain sufficient below constitute our current best habitat boundaries, we also made every elements of physical or biological assessment of areas that meet the effort to avoid including developed features to support life-history processes areas such as lands covered by essential for the conservation of the definition of critical habitat for the New buildings, pavement, and other species and that require special Mexico meadow jumping mouse. The structures because such lands lack management. Moreover, we are units we propose as critical habitat and physical or biological features for the proposing to designate as critical habitat the approximate area of each proposed New Mexico meadow jumping mouse. additional areas that are considered critical habitat unit and land ownership The scale of the maps we prepared presently unoccupied, but essential to are shown in Table 1. A summary of the under the parameters for publication the conservation of the New Mexico proposed areas by land ownership and within the Code of Federal Regulations meadow jumping mouse. State are provided in Table 2.

TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR THE NEW MEXICO MEADOW JUMPING MOUSE [Area estimates reflect all land within critical habitat unit boundaries.]

Occupied at Length of unit, Stream segment the time of Land ownership km Area, ha listing (mi) (ac)

Unit 1—Sugarite Canyon

Chicorica Creek ...... Partial ...... State of New Mexico, State of Colorado, Private ...... 229 (568) 114 (282) 344 (849)

Total Unit 1 ...... 13.0 (8.1) 687 (1698)

Unit 2—Coyote Creek

Coyote Creek ...... Partial ...... State of New Mexico, Private ...... 26 (64) 213 (527)

Total Unit 2 ...... 11.8 (7.4) 239 (590)

Unit 3—Jemez Mountains

Subunit 3A—San Antonio San Antonio Creek ...... Partial ...... Forest Service, Private, Other Federal Agency ...... 223 (550) 10 (26) 1 (3)

Total Subunit 3A ...... 11.5 (7.1) 234 (579) Unit 3B—Rio Cebolla Rio Cebolla ...... Partial ...... Forest Service, Private, State of New Mexico ...... 278 (686) 76 (187) 76 (187)

Total Subunit 3B ...... 20.7 (12.9) 429 (1060) Unit 3C—Rio de las Vacas

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TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR THE NEW MEXICO MEADOW JUMPING MOUSE—Continued [Area estimates reflect all land within critical habitat unit boundaries.]

Occupied at Length of unit, Stream segment the time of Land ownership km Area, ha listing (mi) (ac)

Rio de las Vacas ...... No ...... Forest Service, Private ...... 332 (820) 122 (302)

Total Subunit 3C ...... 23.3 (14.5) 454 (1122)

Total Unit 3 ...... 55.5 (34.5) 1117 (2761)

Unit 4—Sacramento Mountains

Subunit 4A—Silver Springs Silver Springs Creek ...... Partial ...... Forest Service, Private ...... 28 (70) 77 (190)

Total Subunit 4A ...... 5.2 (3.2) 105 (260) Subunit 4B—Upper Pen˜asco Rio Pen˜asco ...... No ...... Forest Service, Private ...... 18 (44) 118 (291)

Total Subunit 4B ...... 6.4 (4.0) 136 (335) Subunit 4C—Middle Pen˜asco Rio Pen˜asco ...... Partial ...... Forest Service, Private ...... 26 (65) 238 (587)

Total Subunit 4C ...... 11.4 (7.1) 264 (652) Subunit 4D—Wills Canyon Mauldin Springs ...... Partial ...... Forest Service, Private ...... 65 (162) 46 (113)

Total Subunit 4D ...... 5.5 (3.4) 111 (275) Subunit 4E—Agua Chiquita Canyon Agua Chiquita Creek ...... Partial ...... Forest Service ...... 161 (398)

Total Subunit 4E ...... 7.7 (4.8) 161 (398)

Total Unit 4 ...... 36.2 (22.5) 777 (1920)

Unit 5—White Mountains

Subunit 5A—Little Colorado Little Colorado River ...... Partial ...... Forest Service, Private ...... 445 (1100) 33 (81)

Total Subunit 5A ...... 22.6 (14.0) 478 (1181) Subunit 5B—Nutrioso Nutrioso River ...... Partial ...... Forest Service, Private ...... 142 (351) 271 (670)

Total Subunit 5B ...... 20.4 (12.7) 413 (1021) Subunit 5C—San Francisco San Francisco River ...... Partial ...... Forest Service, Private ...... 68 (167) 184 (455)

Total Subunit 5C ...... 11.8 (7.3) 252 (622) Subunit 5D—East Fork Black East Fork Black River ...... Partial ...... Forest Service ...... 421 (1040)

Total Subunit 5D ...... 20.3 (12.6) 421 (1040) Subunit 5E—West Fork Black West Fork Black River ...... Partial ...... Forest Service, Private, State of Arizona ...... 415 (1025) 17 (43) 49 (120)

Total Subunit 5E ...... 23.0 (14.3) 481 (1188) Subunit 5F—Boggy and Centerfire Boggy and Centerfire Creeks ...... Partial ...... Forest Service ...... 196 (485)

Total Subunit 5F ...... 8.9 (5.5) 196 (485) Subunit 5G—Corduroy Corduroy Creek ...... Partial ...... Forest Service ...... 104 (256)

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TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR THE NEW MEXICO MEADOW JUMPING MOUSE—Continued [Area estimates reflect all land within critical habitat unit boundaries.]

Occupied at Length of unit, Stream segment the time of Land ownership km Area, ha listing (mi) (ac)

Total Subunit 5G ...... 4.8 (3.0) 104 (256) Subunit 5H—Campbell Blue Campbell Blue Creek ...... Partial ...... Forest Service, Private ...... 100 (247) 2 (6)

Total Subunit 5H ...... 4.8 (3.0) 102 (253)

Total Unit 5 ...... 116.6 (72.4) 2448 (6047)

Unit 6—Middle Rio Grande

Subunit 6A—Isleta Marsh Marsh ...... No ...... Isleta Pueblo ...... 3.7 (2.3) 43 (105) Subunit 6B—Ohkay Owingeh Marsh ...... No ...... Ohkay Owingeh ...... 4.8 (3.0) 51 (125) Subunit 6C—Bosque del Apache NWR Canal ...... Partial ...... Service ...... 21.1 (13.1) 201 (496)

Total Unit 6 ...... 29.6 (18.5) 294 (727)

Unit 7—Florida

Florida River ...... Partial ...... Private, Bureau of Land Mgt ...... 254 (627) 3 (6)

Total Unit 7 ...... 13.6 (8.4) 256 (634)

Unit 8—Sambrito Creek

Sambrito Creek ...... Partial ...... State of Colorado, Private ...... 61 (150) 14 (35)

Total Unit 8 ...... 4.6 (2.9) 75 (184)

GRAND TOTAL ALL UNITS ...... 310.5 5892 (193.1) (14,560) Note: Area sizes may not sum due to rounding.

TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR THE NEW MEXICO MEADOW JUMPING MOUSE, SUMMARIZED BY LAND OWNERSHIP AND STATE

Land ownership, ha (ac) State Federal State Private Tribal Total

New Mexico ...... (3,294) (819) (3,072) (230) (7,415) Arizona ...... (4,671) (120) (1,255) ...... (6,046) Colorado ...... (6) (432) (662) ...... (1,100)

Total ...... (7,971) (1,371) (4,989) (230) (14,561)

Unit Descriptions within 19 of the 23 proposed critical management and are, therefore, We present brief descriptions of each habitats units that we refer to as included in the proposed designation of the proposed critical habitat units, partially occupied in Table 1. The under section 3(5)(A)(i) of the Act. All and reasons why they meet the exceptions are the completely of these occupied areas exhibit: PCE 1— definition of critical habitat for the New unoccupied units (3–C Rio de las Vacas, appropriate wetland vegetation Mexico meadow jumping mouse, below. 4–B Upper Rio Pen˜ asco, 6–A Isleta communities and PCE 2—flowing water For additional information on each unit, Pueblo, and 6–B Ohkay Owingeh 3–C). with tall herbaceous vegetation. The see the SSA (Service 2013, Chapter 4). We specifically describe each of the occupied areas within these 19 We consider the 29 locations where occupied areas within the proposed proposed units may require special the New Mexico meadow jumping critical habitat unit descriptions management or protection to address mouse has been found since 2005 to be presented below. All of these occupied the direct or indirect loss or alteration within the geographic area occupied at areas contain suitable habitat with one of the essential physical and biological the time of listing (occupied areas). All or more of the essential physical or features. These special management of these occupied areas are contained biological features that require special considerations or protections are needed

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to address: Water development, Unit 1: Sugarite Canyon beaver ponds, and coalbed methane. recreational use, livestock grazing, road Unit 1 consists of 687 ha (1,698 ac) The occupied areas are centered around reconstruction, the loss of beaver ponds, along 13.0 km (8.1 mi) of streams on the five capture locations plus an and vegetation mowing. private lands and areas owned by the additional 0.8-km (0.5-mi) segment Every proposed critical habitat unit States of Colorado and New Mexico. upstream and downstream of these areas contains areas outside the geographic The Colorado streams areas are found where the physical and biological area occupied by the species at the time within Las Animas County, Colorado, features are found. The remaining unoccupied areas within Unit 1 are of listing (unoccupied areas) that we and the New Mexico stream areas are found both upstream and downstream conclude are essential for the found within Colfax County, New of the occupied areas, and are conservation of the New Mexico Mexico. The unit begins 0.6 km (0.4 mi) considered essential to the conservation meadow jumping mouse. As noted, four north of the headwaters of Lake of the New Mexico meadow jumping of these units (3–C Rio de las Vacas, 4– Dorothey, Colorado, along the East Fork mouse (as described in the Unit B Upper Rio Pen˜ asco, 6–A Isleta Pueblo, and 1.1 km (0.7 mi) north of the Description introduction section above). and 6–B Ohkay Owingeh 3–C) are headwaters of Lake Dorothey along the considered completely unoccupied. The West Fork of Schwacheim Creek and Unit 2: Coyote Creek follows the drainage downstream, to remaining 19 proposed critical habitat include a 2.0 km (1.25 mi) segment of units include unoccupied areas that are Unit 2 consists of 239 ha (590 ac) Chicorica Creek that is a tributary up- or downstream of the occupied along 11.8 km (7.4 mi) of Coyote Creek flowing into the headwaters of Lake areas, but do not currently have the on private lands and an area owned by Maloya and a 0.8 km (0.5 mi) segment the State of New Mexico within Mora necessary vegetation to protect New of Segerstrom Creek which is a tributary Mexico meadow mice from predators or County. The unit begins at the flowing into the western edge of Lake confluence of Little Blue Creek and to provide food sources. We describe Maloya, New Mexico. The unit Coyote Creek and extends downstream these units containing both occupied continues through Lake Maloya and about to the terminus just south of the and unoccupied areas within the same includes about 1.8 km (1.1 mi) of the Village of Guadalupita. stream reach as partially occupied small western tributary Soda Pocket Based upon captures of the New (Table 1). All of these completely or Creek, which flows into and includes partially unoccupied areas currently lower Chicorica Creek below Lake Mexico meadow jumping mouse since have flowing water to allow for future Maloya Dam downstream to the 2006 (Frey 2006d, pp. 24, 70; Frey 2012, restoration of the essential PCEs 1 and terminus of the area at Lake Alice Dam p. 6), approximately 1.7 ha (4.3 ac) 2, but also PCE 3—sufficient areas of within Sugarite Canyon State Park. within this unit in Coyote Creek State streams, ditches or canals; and PCE 4— Based upon captures of the New Park and several miles north of the park adjacent floodplain and upland areas Mexico meadow jumping mouse since along Highway 434 in New Mexico are that would collectively provide the 2005 (Frey 2006d, pp. 19–21, 67) considered occupied at the time of needed physical and biological features approximately 2.8 ha (7 ac) within this listing and contain suitable habitat. The of habitat required to sustain the unit in Sugarite Canyon State Park in occupied areas occur at two locations species’ life-history processes. New Mexico are considered occupied at along Coyote Creek including: an area that contains extensive beaver ponds, We conclude that all of these areas, the time of listing and contain suitable habitat. The occupied areas occur along dams, and canals and is located between whether they are within partially or the Canyon at five locations: Chicorica the only vehicle bridge within the completely unoccupied proposed units, Creek 0.6 km (0.4 mi) below Lake southwestern part of Coyote Creek State are essential to the conservation of the Maloya Dam; Segerstrom Creek just Park and the southern boundary of the New Mexico meadow jumping mouse above the western confluence with Lake park; and within another area that because: (1) The areas occupied by the Maloya; the headwaters of Lake Alice; contains extensive beaver activity about mouse since 2005 do not contain and Soda Pocket Creek and 1.9 km (1.2 mi) south of the confluence enough suitable, connected habitat to Campground along the two streams that of Little Blue Creek and Coyote Creek. support resilient populations of New cross the open meadow on Barlett Mesa The features essential to the Mexico meadow jumping mouse; (2) the near the campfire program area and conservation of this species may require currently unoccupied segments within behind campsite number 16 (Frey special management considerations or individual stream reaches or waterways 2006d, pp. 19–21, 67). In 2011, the protection to reduce the following need to be of sufficient size to allow for Track Fire burned nearly the entire threats: severe wildland fires, the expansion of populations and watershed of Sugarite Canyon, and recreation, grazing, water use and provide connectivity (active season surveys have not been conducted to management, floods, the reduction in movements and dispersal) between determine whether New Mexico the distribution and abundance of multiple populations as they become meadow jumping mice still persist beaver ponds, and development. The established; (3) additional areas need postfire (Service 2012c). However, until occupied areas are centered around the habitat protection to allow restoration of new information is collected we two capture locations plus an additional the necessary herbaceous vegetation for consider this area within the 0.8-km (0.5-mi) segment upstream and possible future reintroductions; and (4) geographical area occupied by the New downstream of these areas where the multiple local populations along Mexico meadow jumping mouse at the physical and biological features are streams are important to maintaining time of listing. The features essential to found. The remaining unoccupied areas genetic diversity within the populations the conservation of this species may within Unit 2 are found both upstream and for providing sources for require special management and downstream of the occupied areas, recolonization if local populations are considerations or protection to reduce and are considered essential to the extirpated. Therefore, all of the the following threats: Severe wildland conservation of the New Mexico unoccupied areas are included in the fires, recreation, grazing, water use and meadow jumping mouse (as described proposed designation under section management, floods, the reduction in in the Unit Description introduction 3(5)(A)(ii) of the Act. the distribution and abundance of section above).

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Unit 3: Jemez Mountains downstream about where it meets the 1985; 1992, p. 311; Frey 2005a, p. 7), no Unit 3 consists of 1,118 ha (2,761 ac) Rio de las Vacas. New Mexico meadow jumping mice Based upon captures of the New of streams within three subunits on were captured during surveys in 2005 Mexico meadow jumping mouse since private lands and areas owned by the (Frey 2005a, p. 18). The entire subunit 2005 (Frey 2005a, pp. 23–28, 37–38; Forest Service and the State of New is considered unoccupied at the time of Frey 2007b, p. 11), approximately 10.7 listing. All of the areas within the Mexico within Sandoval County, New ha (26.4 ac) within this unit on State of Subunit 3–C are considered essential to Mexico. Areas proposed for critical New Mexico and Forest Service lands in the conservation of the New Mexico habitat for the New Mexico meadow New Mexico are considered occupied at meadow jumping mouse (as described jumping mouse in this unit incorporate the time of listing and contain suitable in the Unit Description introduction the only habitat known to be occupied habitat. The occupied areas occurs at six section above). by the species since 2005 within the locations along the Rio Cebolla: near the Jemez Mountains with the capability to western edge of the northwestern pond Unit 4: Sacramento Mountains support the breeding and reproduction along the access road within the New Unit 4 consists of 777 ha (1,920 ac) of of the species. Mexico Department of Game and Fish’s streams within five subunits on private Subunit 3–A; San Antonio Creek Seven Springs Hatchery; within Fenton lands and areas owned by the Forest Lake State Park at the upper end of Service within Otero County, New Subunit 3–A consists of 234 ha (579 Fenton Lake Marsh above Highway 126 Mexico. Areas proposed for critical ac) along 11.5 km (7.1 mi) of San and the New Mexico Highway 126 habitat for the New Mexico meadow Antonio Creek on private lands and bridge; within Fenton Lake State Park jumping mouse in this unit incorporate areas owned by the Forest Service. This Day Use Area at the mouth of a small the only habitat known to be occupied subunit begins along the northern part tributary that enters the southwest side by the species since 2005 within the of San Antonio Creek where it exits the of Fenton Lake; within Lake Fork Sacramento Mountains with the boundary of the Valles Caldera National Canyon inside a livestock exclosure capability to support the breeding and Preserve and follows the creek through above the bridge on Forest Road 376; reproduction of the species. mostly Forest Service lands where it within a network of channels, beaver Subunit 4–A; Silver Springs meets private land immediately ponds, and wet meadows about 0.9 downstream of the San Antonio kilometers (0.6 miles) southwest of Subunit 4–A consists of 105 ha (260 Campground. Forest Road 376 bridge; and about 2.7 ac) along 5.2 km (3.2 mi) of Silver Based upon the capture of one New km (1.7 mi) north of the confluence of Springs Creek on private lands and Mexico meadow jumping mouse since the Rio Cebolla and the Rio de las Vacas areas owned by the Forest Service. This 2005 (Frey 2005a, pp. 15, 24, 58), (Frey 2005a, pp. 23–28, 37–38; Frey subunit begins about 0.3 km (0.2 mi) approximately 0.4 ha (1 ac) within this 2007b, p. 11). The features essential to north of the intersection of Forest Road unit along San Antonio Creek are the conservation of this species may 162 and New Mexico Highway 244 and considered occupied at the time of require special management follows Silver Springs Creek listing and contain suitable habitat. The considerations or protection to reduce downstream to the boundary of Forest occupied area is located within a wet the following threats: severe wildland Service and Mescalero Apache lands. meadow near the southwestern part of fires, recreation, grazing, floods, the Based upon the capture of one New San Antonio Campground (Frey 2005a, reduction in the distribution and Mexico meadow jumping mouse since pp. 15, 24, 58). The features essential to abundance of beaver ponds, 2005 (Frey 2005a, p. 31), approximately the conservation of this species may development, and highway 5.4 ha (13.3 ac) within this unit on require special management reconstruction. The occupied areas are Forest Service lands in New Mexico are considerations or protection to reduce centered around the six capture considered occupied at the time of the following threats: severe wildland locations plus an additional 0.8-km (0.5- listing. The occupied area is located fires, recreation, grazing, floods, and the mi) segment upstream and downstream within a grazing exclosure containing reduction in the distribution and of these areas where the physical and well-developed riparian habitat about abundance of beaver ponds. The biological features are found. The 7.4 km (4.6 mi) north of Cloudcroft occupied area is centered around the remaining unoccupied areas within along middle Silver Springs Creek, at capture location plus an additional 0.8- Subunit 3–B are found both upstream Junction of Turkey Pen Canyon and km (0.5-mi) segment upstream and and downstream of the occupied areas, Forest Road 405 (Frey 2005a, pp. 31, downstream of this area where the and are considered essential to the 38). The features essential to the physical and biological features are conservation of the New Mexico conservation of this species may require found. The remaining unoccupied areas meadow jumping mouse (as described special management considerations or within Subunit 3–A are found both in the Unit Description introduction protection to reduce the following upstream and downstream of the section above). threats: severe wildland fires, grazing, occupied area, and are considered floods, and the reduction in the essential to the conservation of the New Subunit 3–C; Rio de las Vacas distribution and abundance of beaver Mexico meadow jumping mouse (as Subunit 3–C consists of 454 ha (1,122 ponds. The occupied area is centered described in the Unit Description ac) along 23.3 km (14.5 mi) of the Rio around the capture location plus an introduction section above). de las Vacas on private lands and areas additional 0.8-km (0.5-mi) segment owned by the Forest Service. This upstream and downstream of this area Subunit 3–B; Rio Cebolla subunit starts about 0.8 km (0.5 mi) where the physical and biological Subunit 3–B consists of 429 ha (1,060 north of Forest Road 94 adjacent to features are found. The remaining ac) along 20.7 km (12.9 mi) of the Rio Burned Canyon and extends unoccupied areas within Subunit 4–A Cebolla on private lands and areas downstream to the confluence with the are found both upstream and owned by the Forest Service and the Rio Cebolla Subunit. downstream of the occupied area, and State of New Mexico. This subunit Although much of the habitat was are considered essential to the extends from an old beaver dam about historically occupied with individuals conservation of the New Mexico 0.6 km (0.4 mi) north of Hay Canyon detected as recently as 1989 (Morrison meadow jumping mouse (as described

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in the Unit Description introduction occupied area, and are considered located within two of four fenced section above). essential to the conservation of the New livestock exclosures including: the Mexico meadow jumping mouse (as exclosure surrounding Sand and Barrel Subunit 4–B; Upper Rio Pen˜ asco described in the Unit Description Springs and the most downstream Subunit 4–B consists of 136 ha (335 introduction section above). section of the second in the series of ac) along 6.4 km (4.0 mi) of the Rio four exclosures (Frey 2005a, p. 34; Subunit 4–D; Wills Canyon Pen˜ asco on private lands and areas Forest Service 2010, entire; Service owned by the Forest Service. This Subunit 4–D consists of 111 ha (275 2012d, pp. 1–2). The features essential subunit begins at the junction of Forest ac) along 5.6 km (3.5 mi) of streams on to the conservation of this species may Service Road 164 and New Mexico private lands and areas owned by the require special management Highway 6563 and follows the Rio Forest Service. This subunit begins at considerations or protection to reduce Pen˜ asco drainage downstream to about upper Mauldin Spring, the head of the the following threats: severe wildland 2.4 km (1.5 mi) below Bluff Spring at Wills Canyon, and follows the drainage fires, recreation, grazing, floods, and the the boundary of private and Forest downstream along Forest Service Road reduction in the distribution and Service lands. 169 to the boundary of Forest Service abundance of beaver ponds. The Although much of the habitat was and private lands in the vicinity of Bear occupied areas are centered around the historically occupied with individuals Spring. two capture locations plus an additional detected as recently as 1988 (Morrison Based upon the capture of one New 0.8-km (0.5-mi) segment upstream and 1989, pp. 7–10, Frey 2005a, pp. 30–31), Mexico meadow jumping mouse in 2012 downstream of these areas where the no New Mexico meadow jumping mice (Forest Service 2012b, entire; 2012c, physical and biological features are were captured during surveys in 2005 entire; 2012h, pp. 2–5), approximately found. The remaining unoccupied areas (Frey 2005a, pp. 19–20, 32–34). The 0.8 ha (1.9 ac) within this unit on Forest within Subunit 4–E are found both entire subunit is considered unoccupied Service lands in New Mexico are upstream and downstream of the at the time of listing. All of the areas considered occupied at the time of occupied areas, and are considered within the Subunit 4–B are considered listing. The occupied area is located essential to the conservation of the New essential to the conservation of the New within a grazing exclosure at Lower Mexico meadow jumping mouse (as Mexico meadow jumping mouse (as Mauldin Spring in Wills Canyon (Forest described in the Unit Description described in the Unit Description Service 2012h, pp. 2–5). The features introduction section above). introduction section above). essential to the conservation of this species may require special Unit 5: White Mountains Subunit 4–C; Middle Rio Pen˜ asco management considerations or Unit 5 consists of 2,448 ha (6,047 ac) Subunit 4–C consists of 264 ha (652 protection to reduce the following of streams within eight subunits on ac) along 11.4 km (7.1 mi) of the Rio threats: severe wildland fires, grazing, private lands and areas owned by the Pen˜ asco on private lands and areas floods, and the reduction in the Forest Service and the State of Arizona owned by the Forest Service. This distribution and abundance of beaver within Greenlee and Apache Counties, subunit begins at the junction of Wills ponds. The occupied area is centered Arizona. Areas proposed for critical Canyon and Forest Service Road 169 around the capture location plus an habitat for the New Mexico meadow and follows the Rio Pen˜ asco drainage additional 0.8-km (0.5-mi) segment jumping mouse in this unit incorporate downstream to the junction of Forest upstream and downstream of this area the only habitat known to be occupied Road 212. where the physical and biological by the species since 2005 within the Based upon the capture of two New features are found. The remaining White Mountains with the capability to Mexico meadow jumping mice in 2012, unoccupied areas within Subunit 4–D support the breeding and reproduction following the cessation of grazing for 2 are found both upstream and of the species. years, (Forest Service 2012h, pp. 2–4; downstream of the occupied area, and Subunit 5–A; Little Colorado River Service 2012d; U.S. Army Corps of are considered essential to the Engineers 2012, entire; 2012a, entire), conservation of the New Mexico Subunit 5–A consists of 478 ha (1,181 approximately 0.3 ha (0.75 ac) within meadow jumping mouse (as described ac) along 22.6 km (14.0 mi) of the Little this unit on Forest Service lands in New in the Unit Description introduction Colorado River on private lands and Mexico are considered occupied at the section above). areas owned by the Forest Service. This time of listing. The occupied area is subunit encompasses the East and West located within a wetland at the junction Subunit 4–E; Agua Chiquita Canyon Forks of the Little Colorado River. The of Cox Canyon and the Rio Pen˜ asco Subunit 4–E consists of 161 ha (398 East Fork Segment begins 0.8 km (0.5 (Forest Service 2012h, pp. 2–4). The ac) along 7.7 km (4.8 mi) of Agua mi) upstream of the Phelps Research features essential to the conservation of Chiquita Creek on areas owned by the Natural Area and follows the drainage this species may require special Forest Service. This subunit begins downstream about 3.2 km (2.0 mi) to the management considerations or about 0.8 km (0.5 mi) upstream of the confluence of Lee Valley Creek and then protection to reduce the following livestock exclosure around Barrel and runs upstream about 1.6 km (1.0 mi) to threats: severe wildland fires, Sand Springs along Agua Chiquita Creek the dam of Lee Valley Reservoir. The recreation, grazing, floods, and the and follows the canyon downstream subunit continues from the confluence reduction in the distribution and along Forest Service Road 64 to Crisp, of Lee Valley Creek and the East Fork, abundance of beaver ponds. The a Forest Service riparian pasture. downstream to the confluence of the occupied area is centered around the Based upon multiple captures of New West Fork of the Little Colorado River, capture location plus an additional 0.8- Mexico meadow jumping mice since continuing to about 8.9 km (5.5 mi) km (0.5-mi) segment upstream and 2005 (Frey 2005a, p. 34; Forest Service upstream along the drainage to about 0.8 downstream of this area where the 2010, entire; Service 2012d, pp. 1–2), km (0.5 mi) past Sheep’s Crossing. physical and biological features are approximately 4.9 ha (12.0 ac) within Based upon multiple captures of New found. The remaining unoccupied areas this unit on Forest Service lands in New Mexico meadow jumping mice since within Subunit 4–C are found both Mexico are considered occupied at the 2008 (Frey 2011, p. 87; ADGF 2012a, p. upstream and downstream of the time of listing. The occupied areas are 3), approximately 0.6 ha (1.5 ac) within

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this unit on Forest Service lands in this area where the physical and conservation of the New Mexico Arizona are considered occupied at the biological features are found. The meadow jumping mouse (as described time of listing. The occupied area is remaining unoccupied areas within in the Unit Description introduction within a livestock exclosure along a Subunit 5–B are found both upstream section above). short 0.4-km stream reach that is 1.8 km and downstream of the occupied area, Subunit 5–D; East Fork Black River (1.1 mi) south of Greer, below Montlure and are considered essential to the Camp ((Frey 2011, p. 87; ADGF 2012a, conservation of the New Mexico Subunit 5–D consists of 421 ha (1,040 p. 3). In 2011, the Wallow Fire burned meadow jumping mouse (as described ac) along 20.3 km (12.6 mi) of the East much of this area, and surveys during in the Unit Description introduction Fork of the Black River areas owned by 2012 continued to detect New Mexico section above). the Forest Service. This subunit begins meadow jumping mice (ADGF 2012a, p. 0.8 km (0.5 mi) north of the intersection Subunit 5–C; San Francisco River 3). The features essential to the of Three Forks Road and Route 285 and conservation of this species may require Subunit 5–C consists of 252 ha (622 follows the drainage downstream about special management considerations or ac) along 11.8 km (7.3 mi) of the San 20.3 km (12.6 mi), where it abuts the protection to reduce the following Francisco River and its tributary Turkey West Fork Black River Subunit (see threats: severe wildland fires, (=Talwiwi) Creek on private lands and ‘‘West Fork Black River Subunit’’ recreation, grazing, floods, the reduction areas owned by the Forest Service. This below). in the distribution and abundance of subunit begins about 0.6 km (0.4 mi) Based upon multiple captures of New beaver ponds, and development. The west of Forest Road 8854 along the San Mexico meadow jumping mice since occupied areas are centered around the Francisco River and follows the 2008 (Frey 2011, p. 97; ADGF 2012, capture locations plus an additional 0.8- drainage downstream about 10.5 km (6.5 entire, 2012a, p. 2), approximately 6.9 km (0.5-mi) segment upstream and mi), including a 1.3-km (0.8-mi) ha (16.9 ac) within this unit on Forest downstream of this area where the segment of Turkey (= Talwiwi) Creek Service lands in Arizona are considered physical and biological features are that is south of Arizona Highway 180, occupied at the time of listing. The found. The remaining unoccupied areas then continues downstream to the occupied area is located along the within Subunit 5–A are found both headwaters of Luna Lake. headwaters of the East Fork Black River upstream and downstream of the Based upon multiple captures of New near the intersection of Three Forks occupied area, and are considered Mexico meadow jumping mice since Road and Route 285 (Frey 2011, p. 97; essential to the conservation of the New 2008 (Frey 2011, p. 97), approximately ADGF 2012, entire, 2012a, p. 2). In Mexico meadow jumping mouse (as 0.9 ha (2.3 ac) within this unit on Forest 2011, the Wallow Fire burned much of described in the Unit Description Service lands in Arizona are considered this area and surveys during 2012 introduction section above). occupied at the time of listing. There are continued to detect New Mexico two occupied areas within this unit meadow jumping mice (ADGF 2012a, p. Subunit 5–B; Nutrioso Creek including: a small livestock exclosure 2). The features essential to the Subunit 5–B consists of 413 ha (1,021 along a 0.2-km (0.1-mi) stream reach of conservation of this species may require ac) along 20.4 km (12.7 mi) of Nutrioso upper Turkey Creek at the junction of special management considerations or Creek on private lands and areas owned Highway 80 and Forest Road 289; and protection to reduce the following by the Forest Service. This subunit two fenced livestock exclosures along a threats: severe wildland fires, grazing, begins at the confluence of Paddy Creek 0.4-km (0.2-mi) stream reach at the floods, the reduction in the distribution about 4.8 km (3 mi) south of the town junction of the San Francisco River and and abundance of beaver ponds, and of Nutrioso and follows the drainage Forest Road 8854 (Frey 2011, p. 97). In highway reconstruction. The occupied downstream about 16 km (10 mi) to 2011, the Wallow Fire burned much of area is centered around the capture Nelson Reservoir. this area, and surveys during 2012 did location plus an additional 0.8-km (0.5- Based upon multiple captures of New not detect New Mexico meadow mi) segment upstream and downstream Mexico meadow jumping mice since jumping mice (ADGF 2012, entire, of this area where the physical and 2008 (Frey 2011, pp. 29, 35, 89, 95; 2012a, p. 2). However, until multiple biological features are found. The ADGF 2012a, p. 3), approximately 1.9 years of surveys determine that the remaining unoccupied areas within ha (4.9 ac) within this unit on Forest population has been extirpated, we Subunit 5–D are found both upstream Service lands in Arizona are considered consider this area within the and downstream of the occupied area, occupied at the time of listing. The geographical area occupied by the New and are considered essential to the occupied area is a short 1.3-km (0.8-mi) Mexico meadow jumping mouse at the conservation of the New Mexico stream reach 3.9 km (2.4 mi) south of time of listing. The features essential to meadow jumping mouse (as described the town of Nutrioso. In 2011, the the conservation of this species may in the Unit Description introduction Wallow Fire burned much of this area, require special management section above). and surveys during 2012 continued to considerations or protection to reduce detect New Mexico meadow jumping the following threats: severe wildland Subunit 5–E; West Fork Black River mice (ADGF 2012a, p. 3). The features fires, grazing, floods, the reduction in Subunit 5–E consists of 481 ha (1,188 essential to the conservation of this the distribution and abundance of ac) along 23.0 km (14.3 mi) of the West species may require special beaver ponds, highway reconstruction, Fork of the Black River on private lands management considerations or and development. The occupied areas and areas owned by the Forest Service protection to reduce the following are centered around the capture and the State of Arizona. The proposed threats: severe wildland fires, grazing, locations plus an additional 0.8-km (0.5- subunit begins at the confluence of the floods, the reduction in the distribution mi) segment upstream and downstream West Fork of the Black River and Burro and abundance of beaver ponds, of these areas where the physical and Creek and follows the drainage highway reconstruction, and biological features are found. The downstream where it abuts the East development. The occupied area is remaining unoccupied areas within Fork Black River Subunit (see ‘‘East centered around the capture locations Subunit 5–C are found both upstream Fork Black River Subunit’’ above). plus an additional 0.8-km (0.5-mi) and downstream of the occupied areas, Based upon multiple captures of New segment upstream and downstream of and are considered essential to the Mexico meadow jumping mice since

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2008 (Frey 2011, p. 97; ADGF 2012, downstream to the confluence with the species may require special entire, 2012a, p. 2), approximately 13.7 Black River. management considerations or ha (33.9 ac) within this unit on Forest Based upon multiple captures of New protection to reduce the following Service lands in Arizona are considered Mexico meadow jumping mice since threats: severe wildland fires, grazing, occupied at the time of listing. The 2008 (Frey 2011, pp. 104–105; ADGF floods, and the reduction in the occupied areas occur at four locations: 2012, entire, 2012, p. 3), approximately distribution and abundance of beaver along the upper West Fork Black River 3.0 ha (7.5 ac) within this unit on Forest ponds. The occupied area is centered just north of Forest Road 116; Service lands in Arizona are considered around the capture location plus an immediately adjacent to the occupied at the time of listing. The additional 0.8-km (0.5-mi) segment campground along the middle Fork of occupied areas are located within upstream and downstream of this area the Black River; at the junction of Forest fenced livestock exclosures at the where the physical and biological Road 68 and the middle Fork of the junction of Forest Road 25 and Boggy features are found. The remaining Black River; and near the junction of the Creek; and within a fenced livestock unoccupied areas within Subunit 5–G lower Fork of the Black River and Home exclosure at the junction of Forest Road are found both upstream and Creek (Frey 2011, p. 97; ADGF 2012, 25 and Centerfire Creek (Frey 2011, pp. downstream of the occupied area, and entire, 2012a, pp. 2–3). In 2011, the 104–105; ADGF 2012, entire, 2012, p. 3). are considered essential to the Wallow Fire burned much of this area In 2011, the Wallow Fire burned much conservation of the New Mexico and surveys during 2012 continued to of this area, and surveys during 2012 meadow jumping mouse (as described detect New Mexico meadow jumping continued to detect New Mexico in the Unit Description introduction mice at the lower and middle sections meadow jumping mice (ADGF 2012a, p. section above). of the West Fork Black River (ADGF 3). The features essential to the Subunit 5–H; Campbell Blue Creek 2012a, pp. 2–3). Although New Mexico conservation of this species may require meadow jumping mice were not special management considerations or Subunit 5–H consists of 102 ha (253 detected at the upper West Fork Black protection to reduce the following ac) along 4.8 km (3.0 mi) of Campbell River location, until multiple years of threats: severe wildland fires, grazing, Blue Creek on private lands and areas surveys determine that the population floods, and the reduction in the owned by the Forest Service. The has been extirpated, we consider this distribution and abundance of beaver proposed subunit begins at the area within the geographical area ponds. The occupied areas are centered confluence with Cat Creek along Forest occupied by the New Mexico meadow around the capture locations plus an Road 281 and extends downstream to jumping mouse at the time of listing. additional 0.8-km (0.5-mi) segment the confluence with Turkey Creek. upstream and downstream of these areas The features essential to the Based upon multiple captures of New conservation of this species may require where the physical and biological features are found. The remaining Mexico meadow jumping mice since special management considerations or 2008 (Frey 2011, p. 101), approximately protection to reduce the following unoccupied areas within Subunit 5–F are found both upstream and 0.008 ha (0.02 ac) within this unit on threats: severe wildland fires, grazing, Forest Service lands in Arizona are floods, the reduction in the distribution downstream of the occupied areas, and are considered essential to the considered occupied at the time of and abundance of beaver ponds, and listing. The occupied area is located highway reconstruction. The occupied conservation of the New Mexico meadow jumping mouse (as described within a livestock exclosure 13 km (8 areas are centered around the capture in the Unit Description introduction mi) north of the community of Blue locations plus an additional 0.8-km (0.5- section above). (Frey 2011, p. 101). In 2011, the Wallow mi) segment upstream and downstream Fire burned much of this area, and of these areas where the physical and Subunit 5–G; Corduroy Creek surveys during 2012 did not detect New biological features are found. The Subunit 5–G consists of 104 ha (256 Mexico meadow jumping mice (ADGF remaining unoccupied areas within ac) along 4.8 km (3.0 mi) of Corduroy 2012, entire, 2012a, p. 2). However, Subunit 5–E are found both upstream Creek on lands owned by the Forest until multiple years of surveys and downstream of the occupied areas, Service. The proposed subunit begins at determine that the population has been and are considered essential to the the headwaters about 0.8 km (0.5 mi) extirpated, we consider this area within conservation of the New Mexico south of the intersection of County Road the geographical area occupied by the meadow jumping mouse (as described 24 and County Road 8184A and follows New Mexico meadow jumping mouse at in the Unit Description introduction the drainage downstream to the the time of listing. The features essential section above). confluence with Fish Creek. to the conservation of this species may Subunit 5–F; Boggy Creek and Based upon multiple captures of New require special management Centerfire Creeks Mexico meadow jumping mice since considerations or protection to reduce 2009 (Frey 2011, pp. 104–105; ADGF the following threats: severe wildland Subunit 5–F consists of 196 ha (485 2012, entire, 2012a, p. 4), approximately fires, grazing, floods, and the reduction ac) along 8.9 km (5.5 mi) of Boggy Creek 0.4 ha (1.1 ac) within this unit on Forest in the distribution and abundance of and Centerfire Creek on areas owned by Service lands in Arizona are considered beaver ponds. The occupied area is the Forest Service. The East Segment of occupied at the time of listing. The centered around the capture location the subunit begins 0.8 km (0.5 mi) north occupied area is located within fenced plus an additional 0.8-km (0.5-mi) of the intersection of Route 25 and livestock exclosures at the junction of segment upstream and downstream of Boggy Creek and follows the drainage Forest Road 8184A and Corduroy Creek this area where the physical and downstream to the confluence with (Frey 2011, pp. 104–105; ADGF 2012, biological features are found. The Centerfire Creek. The West segment entire, 2012a, p. 4). In 2011, the Wallow remaining unoccupied areas within begins 0.8 km (0.5 mi) north of the Fire burned much of this area, and Subunit 5–H are found both upstream intersection of Route 25 and Centerfire surveys during 2012 continued to detect and downstream of the occupied area, Creek and follows the drainage New Mexico meadow jumping mice and are considered essential to the downstream to the confluence with (ADGF 2012a, p. 4). The features conservation of the New Mexico Boggy Creek, then continues essential to the conservation of this meadow jumping mouse (as described

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in the Unit Description introduction unoccupied at the time of listing. All of Based upon multiple captures of the section above). the areas within Subunit 6–A are New Mexico meadow jumping mouse considered essential to the conservation since 2009 (Frey and Wright 2012, Unit 6: Middle Rio Grande of the New Mexico meadow jumping entire), approximately 4.1 ha (10.1 ac) Unit 5 consists of 294 ha (727 ac) of mouse (as described in the Unit within this unit on Service lands in streams, ditches, and canals within Description introduction section above). New Mexico are considered occupied at three subunits of streams on lands We will also consider our partnership the time of listing. The occupied area is owned by Isleta Pueblo, Bernalillo with this Tribe and evaluate the located along a 2.7-km (1.7-mi) segment County; Ohkay Owingeh, Rio Arriba conservation planning and management of the Riverside Canal (Frey and Wright County; and the Service’s Bosque del that occurs for potential exclusion 2012, entire). The features essential to Apache NWR, Socorro County, New under section 4(b)(2) of the Act (see the conservation of this species may Mexico. Areas proposed for critical ‘‘Exclusions’’ below). require special management habitat for the New Mexico meadow considerations or protection to reduce jumping mouse in this unit incorporate Subunit 6–B; Ohkay Owingeh the following threats: water use and the only habitat believed to be occupied Subunit 6–B consists of 51 ha (125 ac) management, severe wildland fires, and (Bosque del Apache NWR) by the along 4.8 km (3.0 mi) of ditches, canals, thinning, mowing, or removing tamarisk subspecies within the middle Rio and marshes on lands owned by Ohkay (also known as saltcedar, Tamarix Grande with the capability to support Owingeh. There are two segments ramosissima), decadent stands of the breeding and reproduction of the within this subunit. The first segment willow that are greater than 3 years old species. begins at the junction of New Mexico or 1.5 meters (4.9 feet) tall. The Because Bosque del Apache NWR is Highway 291 and immediately west of occupied area is centered around the the only locality within the middle Rio the middle Rio Grande, generally capture locations plus an additional 0.8- Grande considered still in existence km (0.5-mi) segment upstream and (Frey and Wright 2012), we do not follows riparian areas, and terminates about 0.6 km (0.4 mi) southeast of downstream of this area where the believe one population is sufficient to physical and biological features are provide for the conservation of the Guique, New Mexico. The second segment begins near San Juan Lakes, found. The remaining unoccupied areas species. A designation limited to the within Subunit 6–C are found both range that we consider occupied by the east of the Rio Grande 0.08 km (0.05 mi) east of Fishpond Road and extends upstream and downstream of the species within the middle Rio Grande occupied area, and are considered would be inadequate to recover the about 0.4 km (0.25 mi) southeast where it heads northwest about 0.9 km (0.6 mi) essential to the conservation of the New species within the unit. We have Mexico meadow jumping mouse (as determined additional subunits are through a series of ponds and marshes, paralleling the eastern edge of the described in the Unit Description essential to the conservation of the introduction section above). species because, if necessary, these fishing pond. Much of the habitat was additional areas have the potential to historically occupied with individuals Unit 7: Florida River provide for the reintroduction and detected as recently as 1988 (Morrison Unit 7 consists of 256 ha (634 ac) reestablishment of New Mexico meadow 1988, pp. 28–35, Frey 2006c, entire); along 13.6 km (8.4 mi) of the Florida jumping mouse to support recovery. As however, no New Mexico meadow River on private lands and an area such, we are proposing two additional jumping mice were captured during owned by the Bureau of Land subunits that were historically surveys conducted recently (Morrison Management, La Plata County, occupied, but where presence of the 2012, entire). The entire subunit is Colorado. The unit begins at the New Mexico meadow jumping mouse is considered unoccupied at the time of irrigation diversion structure (Florida currently unknown. listing. All of the areas within Subunit Ditch main headgate) of the Florida 6–B are considered essential to the Water Conservancy District about 0.8 Subunit 6–A; Isleta Pueblo conservation of the New Mexico km (0.5 mi) northeast of the intersection Subunit 6–A consists of 43 ha (105 ac) meadow jumping mouse (as described of La Plata County Road 234 and 237 along 3.7 km (2.3 mi) of ditches, canals, in the Unit Description introduction and follows the drainage downstream to and marshes on lands owned by Isleta section above). about 0.16 km (0.1 mi) north of Ranchos Pueblo. There are two segments within We will also consider our partnership Florida Road. this subunit. One segment begins at the with this Tribe and evaluate the Based upon the capture of two New confluence of the Isleta Return Channel conservation planning and management Mexico meadow jumping mice since and the Rio Grande and extends north that occurs for potential exclusion 2007 (Museum of Southwestern Biology about 0.5 km (0.3 mi), then heads west under section 4(b)(2) of the Act (see 2007; 2007a; Frey 2008c, pp. 42–45, 56; about 30 m (100 ft), and finally heads ‘‘Exclusions’’). 2011a, pp. 19, 33), approximately 0.15 ha (0.37 ac) within this unit on private south about 1.6 km (1 mi) to the end of Subunit 6–C; Bosque del Apache lands in Colorado are considered Isleta Marsh paralleling New Mexico National Wildlife Refuge Highway 314. The other segment begins occupied at the time of listing. The about 0.8 km (0.5 mi) south of Highway Subunit 6–C consists of 201 ha (496 occupied area is located 0.9 km (0.6 mi) 25 and extends about 1.6 km (1.0 mi) ac) along 29.6 km (18.5 mi) of ditches north of Highway 160 along the Florida along the marsh where it terminates at and canals on areas owned by the River (Museum of Southwestern Biology the railroad crossing, just west of the Service. This subunit includes parts of 2007; 2007a; Frey 2008c, pp. 42–45, 56; Rio Grande. a complex ditch system with associated 2011a, pp. 19, 33). The features essential Much of the habitat was historically irrigation of Refuge management units, to the conservation of this species may occupied with individuals detected as making habitat within this area unique. require special management recently as 1988 (Morrison 1988, pp. This subunit begins in the northern part considerations or protection to reduce 22–27; Frey 2006c, entire); however, no of the refuge and generally follows the the following threats: floods, water use New Mexico meadow jumping mice Riverside Canal to the southern end, and management, development, and surveys have been conducted recently. including a 4.8-km (3.0-mi) segment of coalbed methane. The occupied area is The entire subunit is considered Socorro-San Antonio Main Canal. centered around the capture location

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plus an additional 0.8-km (0.5-mi) Effects of Critical Habitat Designation (1) A concurrence letter for Federal segment upstream and downstream of actions that may affect, but are not Section 7 Consultation this area where the physical and likely to adversely affect, listed species biological features are found. The Section 7(a)(2) of the Act requires or critical habitat; or remaining unoccupied areas within Unit Federal agencies, including the Service, (2) A biological opinion for Federal 7 are found both upstream and to ensure that any action they fund, actions that may affect, or are likely to downstream of the occupied area, and authorize, or carry out is not likely to adversely affect, listed species or critical are considered essential to the jeopardize the continued existence of habitat. conservation of the New Mexico any endangered species or threatened When we issue a biological opinion meadow jumping mouse (as described species or result in the destruction or concluding that a project is likely to in the Unit Description introduction adverse modification of designated jeopardize the continued existence of a section above). critical habitat of such species. In listed species and/or destroy or addition, section 7(a)(4) of the Act adversely modify critical habitat, we Unit 8: Sambrito Creek requires Federal agencies to confer with provide reasonable and prudent alternatives to the project, if any are Unit 8 consists of 75 ha (184 ac) along the Service on any agency action that is likely to jeopardize the continued identifiable, that would avoid the 4.6 km (2.9 mi) of Sambrito Creek on existence of any species proposed to be likelihood of jeopardy and/or private lands and areas owned by the listed under the Act or result in the destruction or adverse modification of State of Colorado within Navajo State destruction or adverse modification of critical habitat. We define ‘‘reasonable Park, near Arboles, Archuleta County, proposed critical habitat. and prudent alternatives’’ (at 50 CFR Colorado. There are two segments 402.02) as alternative actions identified within this unit. One segment begins at Decisions by the 5th and 9th Circuit Courts of Appeals have invalidated our during consultation that: Archuleta County Road 977, following (1) Can be implemented in a manner Sambrito Creek downstream to the regulatory definition of ‘‘destruction or adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of headwaters of Navajo Reservoir. The (see Gifford Pinchot Task Force v. U.S. the action, second segment starts about 0.3 km (0.2 Fish and Wildlife Service, 378 F. 3d (2) Can be implemented consistent mi) west of the intersection of Colorado 1059 (9th Cir. 2004) and Sierra Club v. with the scope of the Federal agency’s Road 977 and 988 and follows the U.S. Fish and Wildlife Service et al., 245 legal authority and jurisdiction, drainage about 3.9 km (2.1 mi) through (3) Are economically and F.3d 434, 442 (5th Cir. 2001)), and we the Sambrito Wetlands Area technologically feasible, and do not rely on this regulatory definition downstream about to the headwaters of (4) Would, in the Director’s opinion, when analyzing whether an action is Navajo Reservoir. avoid the likelihood of jeopardizing the likely to destroy or adversely modify continued existence of the listed species Based upon multiple captures of New critical habitat. Under the statutory and/or avoid the likelihood of Mexico meadow jumping mice in 2012 provisions of the Act, we determine destroying or adversely modifying (Colorado Parks and Wildlife 2012, destruction or adverse modification on entire), approximately 0.9 ha (2.3 ac) critical habitat. the basis of whether, with Reasonable and prudent alternatives within this unit on State of Colorado implementation of the proposed Federal can vary from slight project lands are considered occupied at the action, the affected critical habitat modifications to extensive redesign or time of listing. The occupied area is would continue to serve its intended relocation of the project. Costs located immediately south of Archuleta conservation role for the species. associated with implementing a County Road 977 along the unnamed If a Federal action may affect a listed reasonable and prudent alternative are drainage through the Sambrito Wetlands species or its critical habitat, the similarly variable. Areas about 1.8 km (1.1 mi) due west of responsible Federal agency (action Regulations at 50 CFR 402.16 require Sambrito Creek (Colorado Parks and agency) must enter into consultation Federal agencies to reinitiate Wildlife 2012, entire). The features with us. Examples of actions that are consultation on previously reviewed essential to the conservation of this subject to the section 7 consultation actions in instances where we have species may require special process are actions on State, tribal, listed a new species or subsequently management considerations or local, or private lands that require a designated critical habitat that may be protection to reduce the following Federal permit (such as a permit from affected and the Federal agency has threats: floods, grazing, water use and the U.S. Army Corps of Engineers under retained discretionary involvement or management, the reduction in the section 404 of the Clean Water Act (33 control over the action (or the agency’s distribution and abundance of beaver U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is ponds, development, recreation, and Service under section 10 of the Act) or authorized by law). Consequently, coalbed methane. The occupied area is that involve some other Federal action Federal agencies sometimes may need to centered around the capture location (such as funding from the Federal request reinitiation of consultation with that is about 0.5 km (0.3 mi) south of Highway Administration, Federal us on actions for which formal Archuleta County Road 977 plus an Aviation Administration, or the Federal consultation has been completed, if additional 0.8-km (0.5-mi) segment Emergency Management Agency). those actions with discretionary upstream and downstream of this area Federal actions not affecting listed involvement or control may affect where the physical and biological species or critical habitat, and actions subsequently listed species or features are found. The remaining on State, tribal, local, or private lands designated critical habitat. unoccupied areas within Unit 8 are that are not federally funded or found both upstream and downstream authorized, do not require section 7 Application of the ‘‘Adverse of the occupied area, and are considered consultation. Modification’’ Standard essential to the conservation of the New As a result of section 7 consultation, The key factor related to the adverse Mexico meadow jumping mouse (as we document compliance with the modification determination is whether, described in the Unit Description requirements of section 7(a)(2) through with implementation of the proposed introduction section above). our issuance of: Federal action, the affected critical

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habitat would continue to serve its bridge construction, destruction of are subject to an integrated natural intended conservation role for the riparian or wetland vegetation, and resources management plan prepared species. Activities that may destroy or other activities resulting in the draining under section 101 of the Sikes Act (16 adversely modify critical habitat are or inundation of a unit. U.S.C. 670a), if the Secretary determines those that alter the physical or (3) Any activity (e.g., instream in writing that such plan provides a biological features to an extent that dredging, impoundment, water benefit to the species for which critical appreciably reduces the conservation diversion or withdrawal, habitat is proposed for designation.’’ value of critical habitat for the New channelization, discharge of fill There are no Department of Defense Mexico meadow jumping mouse. As material) that detrimentally alters lands within the proposed critical discussed above, the role of critical natural processes in a unit, including habitat designation for the New Mexico habitat is to support life-history needs of changes to inputs of water, sediment, meadow jumping mouse; therefore, we the species and provide for the and nutrients, or any activity that do not anticipate exempting any areas conservation of the species. significantly and detrimentally alters under section 4(a)(3)(B)(i) of the Act. Section 4(b)(8) of the Act requires us water quantity in the unit. Exclusions to briefly evaluate and describe, in any (4) Any activity that could lead to the proposed or final regulation that introduction, expansion, or increased Application of Section 4(b)(2) of the Act designates critical habitat, activities density of an exotic plant or animal Section 4(b)(2) of the Act states that involving a Federal action that may species that is detrimental to the New destroy or adversely modify such the Secretary shall designate and make Mexico meadow jumping mouse and to revisions to critical habitat on the basis habitat, or that may be affected by such its habitat. designation. of the best available scientific data after Activities that may affect critical Exemptions taking into consideration the economic impact, national security impact, and habitat, when carried out, funded, or Application of Section 4(a)(3) of the Act authorized by a Federal agency, should any other relevant impact of specifying result in consultation for the New The Sikes Improvement Act of 1997 any particular area as critical habitat. Mexico meadow jumping mouse. These (Sikes Act) (16 U.S.C. 670a) required The Secretary may exclude an area from activities include, but are not limited to: each military installation that includes critical habitat if he determines that the (1) Any activity that destroys, land and water suitable for the benefits of such exclusion outweigh the modifies, alters, or removes the conservation and management of benefits of specifying such area as part herbaceous riparian vegetation that natural resources to complete an of the critical habitat, unless he comprises the species’ habitat, as integrated natural resources determines, based on the best scientific described in this proposed rule or management plan (INRMP) by data available, that the failure to within the May 2013 SSA Report, November 17, 2001. An INRMP designate such area as critical habitat especially if these activities occur integrates implementation of the will result in the extinction of the during the New Mexico meadow military mission of the installation with species. In making that determination, jumping mouse’s active season. Such stewardship of the natural resources the statute on its face, as well as the activities could include, but are not found on the base. Each INRMP legislative history, are clear that the limited to: Domestic livestock grazing; includes: Secretary has broad discretion regarding land clearing or mowing; activities (1) An assessment of the ecological which factor(s) to use and how much associated with construction for roads, needs of the installation, including the weight to give to any factor. bridges, pipelines, or bank stabilization; need to provide for the conservation of Under section 4(b)(2) of the Act, we residential or commercial development; listed species; may exclude an area from designated channel alteration; timber harvest; (2) A statement of goals and priorities; critical habitat based on economic prescribed fires; off-road vehicle (3) A detailed description of impacts, impacts on national security, activity; recreational use; the removal of management actions to be implemented or any other relevant impacts. In beaver (excluding irrigation ditches and to provide for these ecological needs; considering whether to exclude a canals); and other alterations of and particular area from the designation, we watersheds and floodplains. These (4) A monitoring and adaptive identify the benefits of including the activities may affect the physical or management plan. area in the designation, identify the biological features of critical habitat for Among other things, each INRMP benefits of excluding the area from the the New Mexico meadow jumping must, to the extent appropriate and designation, and evaluate whether the mouse, by removing sources of food, applicable, provide for fish and wildlife benefits of exclusion outweigh the shelter, nesting or hibernation sites, or management; fish and wildlife habitat benefits of inclusion. If the analysis otherwise impacting habitat essential for enhancement or modification; wetland indicates that the benefits of exclusion completion of its life history. protection, enhancement, and outweigh the benefits of inclusion, the (2) Any activity that results in restoration where necessary to support Secretary may exercise his discretion to changes in the hydrology of the unit, fish and wildlife; and enforcement of exclude the area only if such exclusion including modification to any stream or applicable natural resource laws. would not result in the extinction of the water body that results in the removal The National Defense Authorization species. or destruction of herbaceous riparian Act for Fiscal Year 2004 (Pub. L. 108– vegetation in any stream or water body. 136) amended the Act to limit areas Exclusions Based on Economic Impacts Such activities that could cause these eligible for designation as critical Under section 4(b)(2) of the Act, we effects include, but are not limited to, habitat. Specifically, section 4(a)(3)(B)(i) consider the economic impacts of water diversions, groundwater of the Act (16 U.S.C. 1533(a)(3)(B)(i)) specifying any particular area as critical pumping, watershed degradation, now provides: ‘‘The Secretary shall not habitat. In order to consider economic construction or destruction of dams or designate as critical habitat any lands or impacts, we are preparing an analysis of impoundments, developments or other geographic areas owned or the economic impacts of the proposed ‘improvements’ at a spring, controlled by the Department of critical habitat designation and related channelization, dredging, road and Defense, or designated for its use, that factors. Potential land use sectors that

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may be affected by New Mexico the plan contains a monitoring program allowing cattle to graze within the meadow jumping mouse critical habitat or adaptive management to ensure that bosque (riparian areas) and protecting designation include domestic livestock the conservation measures are effective riparian habitat from fire, maintaining grazing, activities associated with and can be adapted in the future in native vegetation, and preventing construction or improvement of roads, response to new information. habitat fragmentation (Service 2005; 70 bridges, pipelines, or bank stabilization; In preparing this proposal, we have FR 60955; Pueblo of Isleta 2005, entire). residential or commercial development; determined that there are currently no Because of the voluntary measures recreation; prescribed burns; and HCPs for the New Mexico meadow undertaken, we will consider excluding irrigation water use and management. jumping mouse. As detailed above, the Isleta Pueblo lands from the final During the development of a final proposed designation includes areas designation of New Mexico meadow designation, we will consider economic within two Native American Pueblos jumping mouse critical habitat under impacts, public comments, and other that are considered unoccupied by New section 4(b)(2) of the Act. new information, and areas may be Mexico meadow jumping mice, but are excluded from the final critical habitat essential for the conservation of the Ohkay Owingeh (San Juan Pueblo) designation under section 4(b)(2) of the species. Therefore, we have proposed Ohkay Owingeh contains proposed Act and our implementing regulations at designation of critical habitat for the New Mexico meadow jumping mouse 50 CFR 424.19. New Mexico meadow jumping mouse critical habitat along the Rio Grande on tribal lands. We have begun within Rio Arriba County, New Mexico. Exclusions Based on National Security government-to-government consultation The Pueblo has conducted a variety of Impacts with these tribes, and will continue to voluntary measures, restoration projects, Under section 4(b)(2) of the Act, we do so throughout the public comment and management actions to conserve the consider whether there are lands owned period and during development of the New Mexico meadow jumping mouse or managed by the Department of final designation of critical habitat for and its habitat on their lands. The Defense (DOD) or lands where a the New Mexico meadow jumping Pueblo has engaged in riparian national security impact might exist. In mouse. We will consider these areas for vegetation and wetland improvement preparing this proposal, we have exclusion from the final critical habitat projects, while managing to reduce the determined that the lands within the designation to the extent consistent with occurrence of wildfire due to the proposed designation of critical habitat the requirements of section 4(b)(2) of the abundance of exotic flammable riparian for the New Mexico meadow jumping Act. At this time, we are not proposing vegetation, including using Tribal mouse are not owned or managed by the the exclusion of any Tribal areas in this Wildlife Grants in both 2004 and 2006 DOD. Currently, there are no areas proposed critical habitat designation. to restore riparian and wetland habitat proposed for exclusion based on However, we specifically solicit to benefit the Southwestern willow impacts on national security. comments on the inclusion or exclusion flycatcher (Empidonax traillii extimus), bald eagle (Haliaeetus leucocephalus), Exclusions Based on Other Relevant of such areas. In the paragraphs below, and other riparian species on 36.4 ha Impacts we identify lands that we are considering for exclusion under section (90 ac) of the Rio Grande (Service 2007a, Under section 4(b)(2) of the Act, we 4(b)(2) of the Act. p. 42; Service 2005, 70 FR 60963). consider any other relevant impacts, in Funding for another 10.9 ha (27 ac) of addition to economic impacts and Tribal Management Plans and riparian and wetland restoration was impacts on national security. We Partnerships provided in 2007 (Service 2012f, p. 12). consider a number of factors including Ohkay Owingeh (San Juan Pueblo) The Pueblo received an additional whether the landowners have developed and Isleta Pueblo contain segments of Tribal Wildlife Grant in 2011 to conduct any HCPs or other management plans the Rio Grande in Rio Arriba and surveys and restore habitat for the New for the area, or whether there are Bernalillo Counties, New Mexico, Mexico meadow New Mexico meadow conservation partnerships that would be respectively, which are essential to the jumping mouse (Service 2012f, p. 12). encouraged by designation of, or conservation of the New Mexico The long-term goal of the Pueblo’s exclusion from, critical habitat. In meadow jumping mouse. These river riparian management is to implement addition, we look at Tribal management segments occur within the proposed Rio innovative restoration techniques, in recognition of their capability to Grande Critical Habitat Unit. We sent decrease fire hazards by restoring native appropriately manage their own notification letters in November 2011 to vegetation, share information with other resources, and consider the government- both Tribes describing our listing restoration practitioners, utilize to-government relationship of the process. We will coordinate with these restoration projects in the education of United States with Tribal entities. We Tribes and examine what New Mexico the Tribal community and surrounding also consider any social impacts that meadow jumping mouse conservation community, and provide a working and might occur because of the designation. actions, management plans, and training environment for the people of When we evaluate the existence of a commitments and assurances occur on the Pueblo. Because of the voluntary conservation plan when considering the these lands for potential exclusion from measures undertaken, we will consider benefits of exclusion, we consider a the final designation of New Mexico excluding Ohkay Owingeh (San Juan variety of factors, including but not meadow jumping mouse habitat. Pueblo) lands from the final designation limited to, whether the plan is finalized; of New Mexico meadow jumping mouse how it provides for the conservation of Isleta Pueblo critical habitat under section 4(b)(2) of the essential physical or biological Isleta Pueblo contains proposed New the Act. features; whether there is a reasonable Mexico meadow jumping mouse critical A final determination on whether the expectation that the conservation habitat along the Rio Grande within Secretary will exercise his discretion to management strategies and actions Bernalillo County, New Mexico. The exclude any of these areas from critical contained in a management plan will be Isleta Pueblo has conducted a variety of habitat for the New Mexico meadow implemented into the future; whether voluntary measures, restoration projects, jumping mouse will be made when we the conservation strategies in the plan and management actions to conserve publish the final rule designating are likely to be effective; and whether riparian vegetation, including not critical habitat. We will take into

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account public comments and carefully consider regulatory approaches that ‘‘significant economic impact’’ is meant weigh the benefits of exclusion versus reduce burdens and maintain flexibility to apply to a typical small business inclusion of these areas. We may also and freedom of choice for the public firm’s business operations. consider areas not identified above for where these approaches are relevant, Importantly, the incremental impacts exclusion from the final critical habitat feasible, and consistent with regulatory of a rule must be both significant and designation based on information we objectives. Executive Order 13563 substantial to prevent certification of the may receive during the preparation of emphasizes further that regulations rule under the RFA and to require the the final rule (e.g., management plans must be based on the best available preparation of an initial regulatory for additional areas). science and that the rulemaking process flexibility analysis. If a substantial must allow for public participation and number of small entities are affected by Peer Review an open exchange of ideas. We have the proposed critical habitat In accordance with our joint policy on developed this rule in a manner designation, but the per-entity economic peer review published in the Federal consistent with these requirements. impact is not significant, the Service Register on July 1, 1994 (59 FR 34270), may certify. Likewise, if the per-entity Regulatory Flexibility Act (5 U.S.C. 601 economic impact is likely to be we will seek the expert opinions of at et seq.) least three appropriate and independent significant, but the number of affected specialists regarding this proposed rule. Under the Regulatory Flexibility Act entities is not substantial, the Service The purpose of peer review is to ensure (RFA; 5 U.S.C. 601 et seq.) as amended may also certify. that our listing determination and by the Small Business Regulatory The Service’s current understanding critical habitat designation are based on Enforcement Fairness Act (SBREFA) of of recent case law is that Federal scientifically sound data, assumptions, 1996 (5 U.S.C 801 et seq.), whenever an agencies are only required to evaluate and analyses. We have invited these agency must publish a notice of the potential impacts of rulemaking on peer reviewers to comment during this rulemaking for any proposed or final those entities directly regulated by the public comment period. rule, it must prepare and make available rulemaking; therefore, they are not We will consider all comments and for public comment a regulatory required to evaluate the potential information received during this flexibility analysis that describes the impacts to those entities not directly comment period on this proposed rule effects of the rule on small entities regulated. The designation of critical during our preparation of a final (small businesses, small organizations, habitat for an endangered or threatened determination. Accordingly, the final and small government jurisdictions). species only has a regulatory effect decision may differ from this proposal. However, no regulatory flexibility where a Federal action agency is analysis is required if the head of the involved in a particular action that may Public Hearings agency certifies the rule will not have a affect the designated critical habitat. Section 4(b)(5) of the Act provides for significant economic impact on a Under these circumstances, only the one or more public hearings on this substantial number of small entities. Federal action agency is directly proposal, if requested. Requests must be The SBREFA amended the RFA to regulated by the designation, and, received within 45 days after the date of require Federal agencies to provide a therefore, consistent with the Service’s publication of this proposed rule in the certification statement of the factual current interpretation of RFA and recent Federal Register. Such requests must be basis for certifying that the rule will not case law, the Service may limit its sent to the address shown in FOR have a significant economic impact on evaluation of the potential impacts to FURTHER INFORMATION CONTACT. We will a substantial number of small entities. those identified for Federal action schedule public hearings on this According to the Small Business agencies. Under this interpretation, Administration, small entities include proposal, if any are requested, and there is no requirement under the RFA small organizations such as announce the dates, times, and places of to evaluate the potential impacts to independent nonprofit organizations; those hearings, as well as how to obtain entities not directly regulated, such as small governmental jurisdictions, reasonable accommodations, in the small businesses. However, Executive including school boards and city and Federal Register and local newspapers Orders 12866 and 13563 direct Federal town governments that serve fewer than at least 15 days before the hearing. agencies to assess costs and benefits of 50,000 residents; and small businesses available regulatory alternatives in Required Determinations (13 CFR 121.201). Small businesses quantitative (to the extent feasible) and include such businesses as Regulatory Planning and Review— qualitative terms. Consequently, it is the manufacturing and mining concerns Executive Orders 12866 and 13563 current practice of the Service to assess with fewer than 500 employees, to the extent practicable these potential Executive Order 12866 provides that wholesale trade entities with fewer than impacts if sufficient data are available, the Office of Information and Regulatory 100 employees, retail and service whether or not this analysis is believed Affairs (OIRA) in the Office of businesses with less than $5 million in by the Service to be strictly required by Management and Budget will review all annual sales, general and heavy the RFA. In other words, while the significant rules. The Office of construction businesses with less than effects analysis required under the RFA Information and Regulatory Affairs has $27.5 million in annual business, is limited to entities directly regulated determined that this rule is not special trade contractors doing less than by the rulemaking, the effects analysis significant. $11.5 million in annual business, and under the Act, consistent with the E.O. Executive Order 13563 reaffirms the forestry and logging operations with 12866 regulatory analysis requirements, principles of Executive Order 12866 fewer than 500 employees and annual can take into consideration impacts to while calling for improvements in the business less than $7 million. To both directly and indirectly impacted nation’s regulatory system to promote determine whether small entities may entities, where practicable and predictability, to reduce uncertainty, be affected, we will consider the types reasonable. and to use the best, most innovative, of activities that might trigger regulatory In conclusion, we believe that, based and least burdensome tools for impacts under this designation as well on our interpretation of directly achieving regulatory ends. The as types of project modifications that regulated entities under the RFA and executive order directs agencies to may result. In general, the term relevant case law, this designation of

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critical habitat will only directly authority,’’ if the provision would designation does not affect landowner regulate Federal agencies which are not ‘‘increase the stringency of conditions of actions that do not require Federal by definition small business entities. assistance’’ or ‘‘place caps upon, or funding or permits, nor does it preclude And as such, we certify that, if otherwise decrease, the Federal development of habitat conservation promulgated, this designation of critical Government’s responsibility to provide programs or issuance of incidental take habitat would not have a significant funding,’’ and the State, local, or tribal permits to permit actions that do require economic impact on a substantial governments ‘‘lack authority’’ to adjust Federal funding or permits to go number of small business entities. accordingly. At the time of enactment, forward. We have not yet completed the Therefore, an initial regulatory these entitlement programs were: economic analysis for this proposed flexibility analysis is not required. Medicaid; Aid to Families with rule. Once the economic analysis is However, though not necessarily Dependent Children work programs; available, we will review and revise this required by the RFA, in our draft Child Nutrition; Food Stamps; Social preliminary assessment as warranted, economic analysis for this proposal we Services Block Grants; Vocational and prepare a Takings Implication will consider and evaluate the potential Rehabilitation State Grants; Foster Care, Assessment. effects to third parties that may be Adoption Assistance, and Independent Federalism—Executive Order 13132 involved with consultations with Living; Family Support Welfare Federal action agencies related to this Services; and Child Support In accordance with Executive Order action. Enforcement. ‘‘Federal private sector 13132 (Federalism), this proposed rule mandate’’ includes a regulation that does not have significant Federalism Energy Supply, Distribution, or Use— ‘‘would impose an enforceable duty effects. A Federalism assessment is not Executive Order 13211 upon the private sector, except (i) a required. In keeping with Department of Executive Order 13211 (Actions condition of Federal assistance or (ii) a the Interior policy, we requested Concerning Regulations That duty arising from participation in a information from, and coordinated Significantly Affect Energy Supply, voluntary Federal program.’’ development of, this proposed critical Distribution, or Use) requires agencies The designation of critical habitat habitat designation with appropriate to prepare Statements of Energy Effects does not impose a legally binding duty State resource agencies. The designation when undertaking certain actions. A on non-Federal Government entities or of critical habitat in geographic areas small portion of an existing gas pipeline private parties. Under the Act, the only currently occupied by the New Mexico is within proposed critical habitat; regulatory effect is that Federal agencies meadow jumping mouse imposes no however, we do not expect the must ensure that their actions do not additional restrictions to those currently designation of this proposed critical destroy or adversely modify critical in place and, therefore, has little habitat to significantly affect energy habitat under section 7. While non- incremental impact on State and local supplies, distribution, or use. Therefore, Federal entities that receive Federal governments and their activities. The this action is not a significant energy funding, assistance, or permits, or that designation may have some benefit to action, and no Statement of Energy otherwise require approval or these governments because the areas Effects is required. However, we will authorization from a Federal agency for that contain the physical or biological further evaluate this issue as we an action, may be indirectly impacted features essential to the conservation of conduct our economic analysis, and by the designation of critical habitat, the the species are more clearly defined, review and revise this assessment as legally binding duty to avoid and the elements of the features of the warranted. destruction or adverse modification of habitat necessary to the conservation of the species are specifically identified. Unfunded Mandates Reform Act (2 critical habitat rests squarely on the This information does not alter where U.S.C. 1501 et seq.) Federal agency. Furthermore, to the extent that non-Federal entities are and what federally sponsored activities In accordance with the Unfunded indirectly impacted because they may occur. However, it may assist local Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate governments in long-range planning seq.), we make the following findings: in a voluntary Federal aid program, the (rather than having them wait for case- (1) This rule will not produce a Unfunded Mandates Reform Act would by-case section 7 consultations to Federal mandate. In general, a Federal not apply, nor would critical habitat occur). mandate is a provision in legislation, shift the costs of the large entitlement Where State and local governments statute, or regulation that would impose programs listed above onto State require approval or authorization from a an enforceable duty upon State, local, or governments. Federal agency for actions that may tribal governments, or the private sector, (2) We lack the available economic affect critical habitat, consultation and includes both ‘‘Federal information to determine if a Small under section 7(a)(2) would be required. intergovernmental mandates’’ and Government Agency Plan is required. While non-Federal entities that receive ‘‘Federal private sector mandates.’’ Therefore, we defer this finding until Federal funding, assistance, or permits, These terms are defined in 2 U.S.C. completion of the draft economic or that otherwise require approval or 658(5)–(7). ‘‘Federal intergovernmental analysis is prepared under section authorization from a Federal agency for mandate’’ includes a regulation that 4(b)(2) of the Act. an action, may be indirectly impacted ‘‘would impose an enforceable duty by the designation of critical habitat, the Takings—Executive Order 12630 upon State, local, or tribal governments’’ legally binding duty to avoid with two exceptions. It excludes ‘‘a In accordance with Executive Order destruction or adverse modification of condition of Federal assistance.’’ It also 12630 (Government Actions and critical habitat rests squarely on the excludes ‘‘a duty arising from Interference with Constitutionally Federal agency. participation in a voluntary Federal Protected Private Property Rights), we program,’’ unless the regulation ‘‘relates will analyze the potential takings Civil Justice Reform—Executive Order to a then-existing Federal program implications of designating critical 12988 under which $500,000,000 or more is habitat for the New Mexico meadow In accordance with Executive Order provided annually to State, local, and jumping mouse in a takings 12988 (Civil Justice Reform), the Office tribal governments under entitlement implications assessment. Critical habitat of the Solicitor has determined that the

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rule does not unduly burden the judicial Government-to-Government (2) Use the active voice to address system and that it meets the Relationship With Tribes readers directly; requirements of sections 3(a) and 3(b)(2) In accordance with the President’s (3) Use clear language rather than of the Order. We have proposed memorandum of May 29, 1994 jargon; designating critical habitat in (Government-to-Government Relations (4) Be divided into short sections and accordance with the provisions of the with Native American Tribal sentences; and Act. To assist the public in Governments; 59 FR 22951), Executive (5) Use lists and tables wherever understanding the habitat needs of the Order 13175 (Consultation and possible. species, the rule identifies the elements Coordination With Indian Tribal If you feel that we have not met these of physical or biological features Governments), and the Department of requirements, send us comments by one essential to the conservation of the the Interior’s manual at 512 DM 2, we of the methods listed in the ADDRESSES species. The designated areas of critical readily acknowledge our responsibility section. To better help us revise the habitat are presented on maps, and the to communicate meaningfully with rule, your comments should be as specific as possible. For example, you rule provides several options for the recognized Federal Tribes on a should tell us the numbers of the interested public to obtain more government-to-government basis. In sections or paragraphs that are unclearly detailed location information, if desired. accordance with Secretarial Order 3206 of June 5, 1997 (American Indian Tribal written, which sections or sentences are Paperwork Reduction Act of 1995 (44 Rights, Federal-Tribal Trust too long, the sections where you feel U.S.C. 3501 et seq.) Responsibilities, and the Endangered lists or tables would be useful, etc. Species Act), we readily acknowledge References Cited This rule does not contain any new our responsibilities to work directly collections of information that require with tribes in developing programs for A complete list of references cited in approval by OMB under the Paperwork healthy ecosystems, to acknowledge that this rulemaking is available on the Reduction Act of 1995 (44 U.S.C. 3501 tribal lands are not subject to the same Internet at http://www.regulations.gov, et seq.). This rule will not impose controls as Federal public lands, to in the May 2013 version of the New recordkeeping or reporting requirements remain sensitive to Indian culture, and Mexico Meadow Jumping Mouse on State or local governments, to make information available to tribes. Species Status Assessment Report individuals, businesses, or There are tribal lands in New Mexico (Service 2013), and upon request from organizations. An agency may not included in this proposed designation of the New Mexico Ecological Services conduct or sponsor, and a person is not critical habitat that are unoccupied by Field Office (see FOR FURTHER required to respond to, a collection of the species at the time of listing that are INFORMATION CONTACT). essential for the conservation of the information unless it displays a Authors New Mexico meadow jumping mouse. currently valid OMB control number. We have begun government-to- The primary authors of this document National Environmental Policy Act (42 government consultation with these are the staff members of the New U.S.C. 4321 et seq.) tribes. We will consider these areas for Mexico Ecological Services Field Office. exclusion from the final critical habitat List of Subjects in 50 CFR Part 17 It is our position that, outside the designation to the extent consistent with jurisdiction of the U.S. Court of Appeals the requirements of section 4(b)(2) of the Endangered and threatened species, for the Tenth Circuit, we do not need to Act. Isleta Pueblo and Ohkay Owingeh Exports, Imports, Reporting and prepare environmental analyses are the main tribes affected by this recordkeeping requirements, pursuant to NEPA (42 U.S.C. 4321 et proposed rule. We sent notification Transportation. seq.) in connection with designating letters in November 2011 to both tribes Proposed Regulation Promulgation critical habitat under the Act. We describing the listing process. We will published a notice outlining our reasons coordinate with these tribes and Accordingly, we propose to amend for this determination in the Federal examine what New Mexico meadow part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, Register on October 25, 1983 (48 FR jumping mouse conservation actions, as set forth below: 49244). This position was upheld by the management plans, and commitments and assurances occur on these lands for U.S. Court of Appeals for the Ninth PART 17—ENDANGERED AND potential exclusion from the final Circuit (Douglas County v. Babbitt, 48 THREATENED WILDLIFE AND PLANTS F.3d 1495 (9th Cir. 1995), cert. denied designation of New Mexico meadow 516 U.S. 1042 (1996)). However, when jumping mouse habitat. We will ■ 1. The authority citation for part 17 schedule meetings with these tribes and the range of the species includes States continues to read as follows: any other interested tribes shortly after within the Tenth Circuit, such as that of publication of this proposed rule so that Authority: 16 U.S.C. 1361–1407; 1531– the New Mexico meadow jumping we can give them as much time as 1544;. 4201–4245, unless otherwise noted. mouse, under the Tenth Circuit ruling possible to comment. ■ 2. In § 17.11(h), add an entry for in Catron County Board of ‘‘Mouse, New Mexico meadow Clarity of the Rule Commissioners v. U.S. Fish and Wildlife jumping’’ in alphabetical order under Service, 75 F.3d 1429 (10th Cir. 1996), We are required by Executive Orders Mammals to the List of Endangered and we will undertake a NEPA analysis for 12866 and 12988 and by the Threatened Wildlife, to read as follows: critical habitat designation and notify Presidential Memorandum of June 1, the public of the availability of the draft 1998, to write all rules in plain § 17.11 Endangered and threatened environmental assessment for this language. This means that each rule we wildlife. proposal when it is finished. publish must: * * * * * (1) Be logically organized; (h) * * *

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

MAMMALS

******* Mouse, New Mexico Zapus hudsonius U.S. (AZ, CO, NM) U.S. (AZ, CO, NM) E ...... 17.95(a) NA meadow jumping. luteus.

*******

■ 3. In § 17.95, amend paragraph (a) by (B) Scrub-shrub riparian areas that are (iv) Include adjacent floodplain and adding an entry for ‘‘New Mexico dominated by willows (Salix spp.) or upland areas extending approximately Meadow Jumping Mouse (Zapus alders (Alnus spp.); and 100 m (330 ft) outward from the water’s hudsonius luteus),’’ in the same (ii) Flowing water that provides edge (as defined by the bankfull stage of alphabetical order that the species saturated soils throughout the New streams). appears in the table at § 17.11(h), to read Mexico meadow jumping mouse’s active (3) Critical habitat does not include as follows: season that supports tall (average manmade structures (such as buildings, § 17.95 Critical habitat—fish and wildlife. stubble height of herbaceous vegetation fire lookout stations, runways, roads, of at least 69 cm (27 inches) and dense and other paved areas) and the land on * * * * * which they are located existing within (a) Mammals. herbaceous riparian vegetation (cover averaging at least 61 vertical cm (24 the legal boundaries on the effective * * * * * date of this rule. inches)) composed primarily of sedges New Mexico Meadow Jumping Mouse (Carex spp. or Schoenoplectus pungens) (4) Critical habitat map units. Units (Zapus hudsonius luteus) and forbs, including, but not limited to were mapped using the USA Contiguous Albers Equal Area Conic USGS version (1) Critical habitat units are depicted one or more of the following associated projection. The maps in this entry, as for Bernalillo, Colfax, Mora, Otero, Rio species: spikerush (Eleocharis modified by any accompanying Arriba, Sandoval, and Socorro Counties, macrostachya), beaked sedge (Carex regulatory text, establish the boundaries in New Mexico; Las Animas, Archuleta, rostrata), reed canarygrass (Phalaris of the critical habitat designation. The and La Plata Counties, Colorado; and arundinacea), rushes (Juncus spp. and coordinates or plot points or both on Greenlee and Apache Counties, Arizona Scirpus spp.), and numerous species of which each map is based are available on the maps below. grasses such as bluegrass (Poa spp.), (2) Within these areas, the primary to the public at the Service’s internet slender wheatgrass (Elymus site (http://www.fws.gov/southwest/es/ constituent elements of the physical or trachycaulus), brome (Bromus spp.), biological features essential to the NewMexico/), at http:// foxtail barley (Hordeum jubatum), or www.regulations.gov at Docket No. conservation of the New Mexico Japanese brome (Bromus japonicas), and meadow jumping mouse consist of the FWS–R2–ES–2013–0014, and at the forbs such as water hemlock (Circuta New Mexico Ecological Services Field following: douglasii), field mint (Mentha arvense), (i) Riparian communities along rivers Office. You may obtain field office asters (Aster spp.), or cutleaf coneflower and streams, springs and wetlands, or location information by contacting one (Rudbeckia laciniata); and canals and ditches characterized by one of the Service regional offices, the of two wetland vegetation community (iii) Sufficient areas of 9 to 24 km (5.6 addresses of which are listed at 50 CFR types: to 15 mi) along a stream, ditch, or canal 2.2. (A) Persistent emergent herbaceous that contain suitable or restorable (5) Index map of critical habitat for wetlands dominated by beaked sedge habitat to support movements of the New Mexico meadow jumping (Carex rostrata) or reed canarygrass individual New Mexico meadow mouse follows: (Phalaris arundinacea) alliances; or jumping mice; and BILLING CODE 4310–55–P

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(6) Unit—Sugarite Canyon, New Mexico and Colorado, Map of Unit 1, follows:

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(7) Unit 2—Coyote Creek, New Mexico. Map of Unit 2, follows:

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(8) Unit 3—Jemez Mountains, New Mexico. Map of Unit 3, follows:

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(9) Unit 4—Sacramento Mountains, New Mexico. Map of Unit 4, follows:

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(10) Unit 5—White Mountains, Arizona. Map of Unit 5, follows:

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(11) Unit 6—Middle Rio Grande, Subunit 6A, Isleta Pueblo, New Mexico. Map of Unit 6, Subunit 6A, follows:

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(12) Unit 6—Middle Rio Grande, Mexico. Map of Unit 6, Subunit 6B, Subunit 6B, Ohkay Owingeh, New follows:

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(13) Unit 6—Middle Rio Grande, New Mexico. Map of Unit Subunit 6–C, Bosque del Apache NWR, 6, Subunit 6–C, follows:

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(14) Unit 7—Florida River, Colorado. Map of Unit 7 follows:

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(15) Unit 8—Sambrito Creek, Colorado. Map of Unit 8, follows:

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* * * * * We request that you send comments endangered in the foreseeable future Dated: June 7, 2013. only by the methods described above. (threatened). As part of our analysis we Michael J. Bean, We will post all comments on http:// consider whether it is threatened or www.regulations.gov. This generally endangered because of any factors Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. means that we will post any personal affecting its continued existence. information you provide us (see the We will seek peer review. We are [FR Doc. 2013–14366 Filed 6–19–13; 8:45 am] Public Comments section below for seeking comments from knowledgeable BILLING CODE 4310–55–C more information). individuals with scientific expertise to FOR FURTHER INFORMATION CONTACT: review our analysis of the best available DEPARTMENT OF THE INTERIOR Wally Murphy, Field Supervisor, U.S. science and application of that science Fish and Wildlife Service, New Mexico and to provide any additional scientific Fish and Wildlife Service Ecological Services Field Office, 2105 information to improve this proposed Osuna NE., Albuquerque, NM 87113; by rule. Because we will consider all 50 CFR Part 17 telephone 505–346–2525; or by comments and information received facsimile 505–346–2542. Persons who during the comment period, our final [Docket No. FWS–R2–ES–2013–0023; use a telecommunications device for the determinations may differ from this 4500030113] deaf (TDD) may call the Federal proposal. RIN 1018–AY50 Information Relay Service (FIRS) at Information Requested 800–877–8339. Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: We intend that any final action and Plants; Listing Determination for resulting from this proposed rule will be the New Mexico Meadow Jumping Executive Summary based on the best scientific and Mouse Why we need to publish a rule. Under commercial data available and be as the Act, if a species is determined to be accurate and as effective as possible. AGENCY: Fish and Wildlife Service, an endangered or threatened species Therefore, we request comments or Interior. throughout all or a significant portion of information from the public, other ACTION: Proposed rule. its range, we are required to promptly concerned governmental agencies, publish a proposal in the Federal Native American tribes, the scientific SUMMARY: We, the U.S. Fish and Register and make a determination on community, industry, or any other Wildlife Service (Service), propose to our proposal within 1 year. Critical interested parties concerning this list the New Mexico meadow jumping habitat shall be designated, to the proposed rule. We particularly seek mouse (Zapus hudsonius luteus) as an maximum extent prudent and comments concerning: endangered species under the determinable, for any species (1) The New Mexico meadow jumping Endangered Species Act (Act). If we determined to be an endangered or mouse’s biology, range, and population finalize this rule as proposed, it would threatened species under the Act. trends, including: extend the Act’s protections to this Listing a species as an endangered or (a) Biological or ecological subspecies and its critical habitat. The threatened species and designations and requirements of the species, including effect of these regulations will be to revisions of critical habitat can only be habitat requirements for feeding, conserve the New Mexico meadow completed by issuing a rule. Elsewhere breeding, and sheltering; jumping mouse and protect its habitat in today’s Federal Register (and (b) Genetics and taxonomy; under the Act. available online at www.regulations.gov (c) Historical and current range DATES: We will accept comments at Docket Number FWS–R2–ES–2013– including distribution patterns; received or postmarked on or before 0014), we propose to designate critical (d) Historical and current population August 19, 2013. Comments submitted habitat for the New Mexico meadow levels, and current and projected trends; electronically using the Federal jumping mouse (Zapus hudsonius and eRulemaking Portal (see ADDRESSES luteus) under the Act. (e) Past and ongoing conservation section, below) must be received by This rule consists of: A proposed rule measures for the species, its habitat, or 11:59 p.m. Eastern Time on the closing to list the New Mexico meadow jumping both. date. We must receive requests for mouse as an endangered species. The (2) Factors that may affect the public hearings, in writing, at the New Mexico meadow jumping mouse is continued existence of the species, address shown in the ADDRESSES section currently a candidate species for which which may include habitat modification by August 5, 2013. we have on file sufficient information or destruction, overutilization, disease, ADDRESSES: You may submit comments on biological vulnerability and threats predation, the inadequacy of existing by one of the following methods: to support preparation of a listing regulatory mechanisms, or other natural (1) Electronically: Go to the Federal proposal, but for which development of or manmade factors. eRulemaking Portal: http:// a listing regulation has been precluded (3) Biological, commercial trade, or www.regulations.gov. In the Search box, by other higher priority listing activities. other relevant data concerning any enter FWS–R2–ES–2013–0023, which is This rule reassesses all available threats (or lack thereof) to this species the docket number for this rulemaking. information regarding status of and and existing regulations that may be You may submit a comment by clicking threats to the New Mexico meadow addressing those threats. on ‘‘Comment Now!’’. jumping mouse. (4) Additional information concerning (2) By hard copy: Submit by U.S. mail The basis for our action. Under the the historical and current status, range, or hand-delivery to: Public Comments Act, we can determine that a species is distribution, and population size of this Processing, Attn: FWS–R2–ES–2013– an endangered or threatened species species, including the locations of any 0023; Division of Policy and Directives based on whether we find that it is in additional populations of this species. Management; U.S. Fish and Wildlife danger of extinction throughout all or a Please include sufficient information Service; 4401 N. Fairfax Drive, MS significant portion of its range now with your submission (such as scientific 2042–PDM; Arlington, VA 22203. (endangered) or likely to become journal articles or other publications) to

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allow us to verify any scientific or substantial 90-day finding and a The jumping mouse is a small commercial information you include. warranted, but precluded, 12-month mammal whose historical distribution Please note that submissions merely finding (see 72 FR 69033, December 6, likely included riparian wetlands along stating support for or opposition to the 2007). Through the annual candidate streams in the Sangre de Cristo and San action under consideration without review process (73 FR 75176, December Juan Mountains from southern Colorado providing supporting information, 10, 2008; 74 FR 57804, November 9, to central New Mexico, including the although noted, will not be considered 2009; 75 FR 69222, November 10, 2010; Jemez and Sacramento Mountains and in making a determination, as section and 76 FR 66370, October 26, 2011), the the Rio Grande Valley from Espanola to 4(b)(1)(A) of the Act directs that Service continued to solicit information Bosque del Apache National Wildlife determinations as to whether any from the public regarding life history Refuge, and into parts of the White species is a threatened or endangered and current status of the species, Mountains in eastern Arizona. species must be made ‘‘solely on the historical and current distribution and In conducting our status assessment basis of the best scientific and abundance, potential factors for the we first considered what the jumping commercial data available.’’ species decline (e.g., habitat loss, mouse needs to ensure viability. We You may submit your comments and drought), and ongoing conservation generally define viability as the ability materials concerning this proposed rule measures being taken to protect the of the species to persist over the long by one of the methods listed in species. term and, conversely, to avoid ADDRESSES. We request that you send extinction. We next evaluated whether comments only by the methods Status Assessment for the New Mexico the identified needs of the jumping described in ADDRESSES. Meadow Jumping Mouse mouse currently are available and the If you submit information via http:// repercussions to the species when Introduction www.regulations.gov, your entire fulfillment of those needs is missing or submission—including any personal The SSA Report (Service 2013, diminished. We then consider the identifying information—will be posted entire), available online at factors that are causing the species to on the Web site. If your submission is www.regulations.gov, Docket No. FWS– lack what it needs, including historical, made via a hardcopy that includes R2–ES–2013–0023, provides a thorough current, and future factors. Finally, personal identifying information, you assessment of jumping mouse biology considering the information reviewed, may request at the top of your document and natural history and assesses we evaluate the current status and that we withhold this information from demographic risks (such as small future viability of the species in terms public review. However, we cannot population sizes), threats, and limiting of resiliency, redundancy, and guarantee that we will be able to do so. factors in the context of determining representation. We will post all hardcopy submissions viability and risk of extinction for the Resiliency is the ability of the species on http://www.regulations.gov. Please species. In the SSA Report, we compile to withstand stochastic events (arising include sufficient information with your biological data and a description of past, from random factors such as weather, comments to allow us to verify any present, and likely future threats (causes flooding, or fire) and, in the case of the scientific or commercial information and effects) facing the New Mexico jumping mouse, is best measured by you include. meadow jumping mouse. Because data habitat size. Redundancy is the ability The May 2013 New Mexico Meadow in these areas of science are limited, of a species to withstand catastrophic Jumping Mouse Species Status some uncertainties are associated with events by spreading the risk and can be Assessment Report (SSA Report; Service this assessment. Where we have measured through the duplication and 2013, entire; see Status Assessment for substantial uncertainty, we have distribution of resilient populations the New Mexico Meadow Jumping across the range of the jumping mouse. attempted to make our necessary Mouse section below), as well as Representation is the ability of a species assumptions explicit in the SSA Report. comments and materials we receive and to adapt to changing environmental We base our assumptions in these areas other supporting documentation we conditions and can be measured by the on the best available information. used in preparing this proposed rule, breadth of genetic diversity within and Importantly, the SSA Report does not will be available for public inspection among populations and the ecological represent a decision by the Service on on http://www.regulations.gov, or by diversity of populations across the whether this taxon should be proposed appointment, during normal business species’ range. In the case of the for listing as a threatened or endangered hours, at the U.S. Fish and Wildlife jumping mouse, we evaluate species under the Act. The SSA Report Service, New Mexico Ecological representation based on the extent of the does, however, provide the scientific Services Field Office (see FOR FURTHER geographical range as an indicator of basis that informs our regulatory INFORMATION CONTACT). genetic and ecological diversity. The decisions, which involve the further main areas of uncertainty in our Previous Federal Actions application of standards within the Act analysis include the minimum amount On December 6, 2007, the New and its regulations and policies. of suitable habitat needed to support Mexico meadow jumping mouse (Zapus Summary of Biological Status and resilient populations and the number of hudsonius luteus) (jumping mouse) was Threats redundant populations needed to made a candidate for listing (72 FR provide for adequate redundancy and 69033) under the Act. In 2008, we Our SSA Report documents the representation. received a petition to list the jumping results of the comprehensive biological Our assessment concluded that the mouse, which was already on the status review for the New Mexico jumping mouse has an overall low candidate list, and published our meadow jumping mouse (jumping viability (probability of persistence) in petition finding on December 10, 2008 mouse) and provides a thorough the near term (between now and the (73 FR 75176). Because the New Mexico account of the species’ overall viability next 10 years) and a decreasing viability meadow jumping mouse was previously and, conversely, extinction risk (Service in the long-term future (beyond 10 identified through our candidate 2013, entire). The following is a years). In this summary, we present an assessment process, the species had summary of the results and conclusions overview of the comprehensive already received the equivalent of a from the SSA Report. biological status review. A detailed

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discussion of the information located intermittently along long separated, and all of the 29 populations supporting this overview can be found stretches of streams. The ability of located since 2005 have patches of in the SSA Report. jumping mouse populations to be suitable habitat that are too small to For the New Mexico meadow jumping resilient to adverse stochastic events support resilient populations of jumping mouse to be considered viable, depends on the robustness of a mouse. None of them are larger than the individual mice need specific vital population and the ability to recolonize needed 27.5 to 73.2 ha (68 to 181 ac), resources for survival and completion of if populations are extirpated (the loss of and over half of them are only a few their life history. One of the most a population or a species from a acres in size. In addition, 11 of the 29 important aspects of the jumping mouse particular geographic region). Because populations documented as extant since life history is that it hibernates about 8 counting individual mice to assess 2005 have been substantially or 9 months out of the year, longer than population sizes is very difficult and compromised since 2011 (due to water most mammals. Conversely, it is only data are unavailable, we can best shortages, excessive grazing, or wildfire active 3 or 4 months during the summer. measure population health by the size of and postfire flooding), and these Within this short timeframe, it must the intact, suitable habitat available. populations could already be extirpated. breed, birth and raise young, and store In considering the area needed for Seven additional populations in up sufficient fat reserves to survive the maintaining resilient populations of Arizona may also be compromised due next year’s hibernation period. In adequate size with the ability to endure to postfire flooding following large addition, jumping mice only live 3 years adverse events, we estimate that recent wildfires. At this rate of or less and have one small litter resilient populations of jumping mice population extirpation (based on known annually with seven or fewer young, so need suitable habitat in the range of at historical population losses and the species has limited capacity for high least about 27.5 to 73.2 ha (68 to 181 ac) possible recent population losses) the population growth rates due to this low of along 9 to 24 km (6 to 15 mi) of probability of persistence of the species fecundity. As a result, if resources are flowing streams, ditches, or canals. The as a whole is severely compromised in not available in a single season, jumping minimum area needed is given as range the near term. mice populations would be greatly due to the uncertainty of an absolute Four of the eight conservation areas stressed. minimum and because local conditions have two or more locations known to be The jumping mouse has exceptionally within drainages will vary. This occupied by the mouse since 2005, but specialized habitat requirements to distribution and amount of suitable all are insufficient (too small) to support support these life-history needs and habitat would allow for multiple resilient populations. The remaining maintain adequate population sizes. subpopulations of jumping mice to exist four conservation areas have only one Habitat requirements are characterized along drainages and would provide for known location occupied by the mouse by tall (averaging at least 61 cm (24 in)), sources of recolonization if some areas since 2005, and each population is dense riparian herbaceous vegetation were extirpated due to disturbances. insufficient (too small) to be resilient. (plants with no woody tissue) primarily The suitable habitat patches must be Therefore, although researchers have composed of sedges (plants in the relatively close together because the some uncertainty about population sizes Cyperaceae Family that superficially jumping mouse has limited dispersal of extant localities, the jumping mouse resemble grasses but usually have capacity for natural recolonization. does not currently have the number and triangular stems) and forbs (broad-leafed Rangewide, we determined that the distribution of resilient populations to herbaceous plants). This suitable habitat jumping mouse needs at least two provide the needed levels of is found only when wetland vegetation resilient populations (where at least two redundancy and representation (genetic achieves full growth potential existed historically) within each of eight and ecological diversity) for the species associated with perennial flowing water. identified geographic conservation to demonstrate viability. This vegetation is an important resource areas. This number and distribution of We next analyzed the past, present, need for the jumping mouse because it resilient populations is expected to and likely future threats (causes and provides vital food sources (insects and provide the species with the necessary effects) that may put jumping mouse seeds), as well as the structural material redundancy and representation to populations at risk of future extirpation. for building day nests that are used for provide for viability. Because the jumping mouse requires shelter from predators. The jumping The jumping mouse life history (short such specific suitable habitat mouse must have rich, abundant food active period, short lifespan, low conditions, populations have a high sources during the summer so it can fecundity, specific habitat needs, and potential for extirpation when habitat is accumulate sufficient fat reserves to low dispersal ability) makes populations altered or eliminated. And because of survive their long hibernation period. In highly vulnerable to extirpations when the current conditions of isolated addition, individual jumping mice also habitat is lost and fragmented. Based on populations, when localities are need intact upland areas (areas up historical (1980s and 1990s) and current extirpated there is little or no gradient and beyond the floodplain of (from 2005 to 2012) data, the opportunity for natural recolonization of rivers and streams) adjacent to riparian distribution and abundance of the New the area due to the species’ limited wetland areas because this is where they Mexico meadow jumping mouse has dispersal capacity. build nests or use burrows to give birth declined significantly rangewide. The We found a significant reduction in to young in the summer and to majority of local extirpations have occupied localities likely due to hibernate over the winter. Some occurred since the late 1980s to early cumulative habitat loss and uncertainty exists about the particular 1990s as we found about 70 formerly fragmentation across the range of the location of hibernation sites relative to occupied locations are now considered jumping mouse. The past and current riparian areas. to be extirpated. habitat loss has resulted in the These suitable habitat conditions Since 2005, researchers have extirpation of historical populations, need to be in appropriate locations and documented 29 remaining populations reduced the size of existing populations, of adequate sizes to support healthy spread across the 8 conservation areas (2 and isolated existing small populations. populations of the jumping mouse. in Colorado, 15 in New Mexico, and 12 Ongoing and future habitat loss is Historically, these wetland habitats in Arizona). Nearly all of the current expected to result in additional would have been in large patches populations are isolated and widely extirpations of more populations. The

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primary sources of past and future probability of persistence is low in the We, therefore, find that the jumping habitat losses are from grazing pressure near term and decreasing in the future mouse warrants an endangered species (which removes the needed vegetation) due to the lack of adequate resiliency, listing status determination. and water management and use (which redundancy, and representation. On the basis of our biological review causes vegetation loss from mowing and Determination documented in the SSA Report drying of soils), lack of water due to assessment, we found that the species is drought (exacerbated by climate Standard for Review inherently vulnerable to population change), and wildfires (also exacerbated Section 4 of the Act, and its extirpations due to their short active by climate change). Additional sources implementing regulations at 50 CFR part period, short lifespan, low fecundity, of habitat loss are likely to occur from 424, set forth the procedures for adding specific habitat needs, and low dispersal scouring floods, loss of beaver ponds, species to the Federal Lists of ability (Factor E). The species is highway reconstruction, residential and Endangered and Threatened Wildlife currently limited to at most 29 small, commercial development, coalbed and Plants. Under section 4(b)(1)(a), the isolated populations, all of which are methane development, and unregulated Secretary is to make threatened or incapable of withstanding adverse recreation. endangered determinations required by events, and, therefore, are not resilient These multiple sources of habitat loss (Factor E). This total is reduced from are not acting independently, but likely subsection 4(a)(1) solely on the basis of the best scientific and commercial data nearly 100 locations known historically. produce cumulative impacts that Of these 29 populations where the magnify the effects of habitat loss on available to her after conducting a review of the status of the species and jumping mice have been found extant jumping mouse populations. since 2005, at least 11 populations have Historically, larger connected after taking into account conservation efforts by States or foreign nations. The been substantially compromised in the populations of jumping mice would past 2 years and 7 others may have been have been able to withstand or recover standards for determining whether a species is threatened or endangered are affected by recent wildfires. Because from local stressors, such as habitat loss these populations have been from drought, wildfire, or floods. provided in section 3 of the Act. An endangered species is any species that compromised, the actual current However, the current condition of small number of extant populations may populations makes local extirpations is ‘‘in danger of extinction throughout all or a significant portion of its range.’’ already be less than 29, and other more common. And the isolated state of populations are expected to be lost, existing populations makes natural A threatened species is any species that is ‘‘likely to become an endangered placing the species at a higher risk of recolonization of impacted areas highly extinction. unlikely or impossible in most areas. species within the foreseeable future Considering the species’ biological throughout all or a significant portion of The remaining small, isolated status now and its likely status into the its range.’’ Per section 4(a)(1) of the Act, jumping mouse populations are future, without active conservation (i.e., in reviewing the status of the species to particularly threatened with extirpation grazing management and water determine if it meets the definitions of from habitat loss and modifications management) existing populations are threatened or endangered, we determine (Factor A). The main sources of habitat vulnerable to extirpation (at least 11 whether any species is an endangered loss, degradation, and modification, have already undergone substantial species or a threatened species because include grazing pressure (which impacts since 2011) and, therefore, the of any of the following five factors: (A) removes the needed vegetation), water species as a whole is currently at an The present or threatened destruction, management and use (which causes elevated risk of extinction. None of the modification, or curtailment of its vegetation loss from mowing and drying 29 populations known to exist since habitat or range; (B) overutilization for of soils), lack of water due to drought 2005 is of sufficient size to be resilient. commercial, recreational, scientific, or (exacerbated by climate change), and Assuming this rate of population loss educational purposes; (C) disease or wildfires (also exacerbated by climate continues similar to recent years, the predation; (D) the inadequacy of change). Additional sources of habitat number of populations could be existing regulatory mechanisms; and (E) loss are likely to occur from floods, loss severely curtailed in the near term other natural or manmade factors of beaver ponds, highway eliminating the level of redundancy affecting its continued existence. reconstruction, residential and needed to withstand catastrophic commercial development, coalbed Proposed Listing Status Determination drought and wildfire, along with the methane development, and unregulated additive impacts of multiple threats. In Based on our review of the best recreation. addition to past sources of habitat loss, available scientific and commercial In addition to the individual sources ongoing grazing, water shortages, and information, we conclude that the New of habitat loss and modification under high-impact wildfire (the latter two Mexico meadow jumping mouse is Factor A, the cumulative effects of the exacerbated by climate change), in currently in danger of extinction multiple sources of habitat loss are addition to localized actions, will throughout all of its range and, acting on populations such that the continue to put all of the remaining therefore, meets the definition of an effects on the jumping mouse and their locations at considerable risk to endangered species. This finding, immediacy are significant throughout its extirpation in the near term (between explained below, is based on our entire current range. Historically, when now and the next 10 years) and conclusions that the species exhibits populations of jumping mice were larger increasing over the long term. In low viability as characterized by having and more connected, the species could considering the needed level of no resilient populations, resulting in have withstood many of these adverse representation, while sufficient low overall representation across the events (such as floods or wildfire) or diversity likely still exists across the species range and no level of recolonized areas after local eight conservation areas, the species redundancy. We found the jumping extirpations. However, the current representation is relatively low because mouse is at an elevated risk of conditions of small and isolated none of these conservation areas extinction now and no data indicate that populations reduce the ability of the currently have resilient populations. the situation will improve without jumping mouse to endure such adverse Therefore, we conclude that the overall significant conservation intervention. events, and natural recolonization

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following local extirpations is determinations apply to this species sustaining, and functioning components impossible in most cases. throughout its entire range. of their ecosystems. We evaluated whether the jumping In conclusion, as described above, the Recovery planning includes the mouse is in danger of extinction now jumping mouse has experienced development of a recovery outline (i.e., an endangered species) or is likely significant reductions in population shortly after a species is listed, to become in danger of extinction in the numbers (based on habitat reductions preparation of a draft and final recovery foreseeable future (i.e., a threatened and fragmentation), is especially plan, and revisions to the plan as species). The foreseeable future refers to vulnerable to impacts due to its life significant new information becomes the extent to which the Secretary can history and ecology, and is subject to available. The recovery outline guides reasonably rely on predictions about the significant current and ongoing threats the immediate implementation of urgent future in making determinations about now. After a review of the best available recovery actions and describes the the future conservation status of the scientific information as it relates to the process to be used to develop a recovery species. A key statutory difference status of the species and the five listing plan. The recovery plan identifies site- between a threatened species and an factors, we find the New Mexico specific management actions that will endangered species is the timing of meadow jumping mouse is in danger of achieve recovery of the species, when a species may be in danger of extinction now. Therefore, on the basis measurable criteria that determine when extinction, either now (endangered of the best available scientific and a species may be downlisted or delisted, species) or in the foreseeable future commercial information, we propose to and methods for monitoring recovery (threatened species). list the New Mexico meadow jumping progress. Recovery plans also establish Because of the fact-specific nature of mouse as an endangered species, in a framework for agencies to coordinate listing determinations, there is no single accordance with section 3(6) of the Act. their recovery efforts and provide metric for determining if a species is ‘‘in We find that a threatened species status estimates of the cost of implementing danger of extinction’’ now. In the case is not appropriate for the New Mexico recovery tasks. Recovery teams (comprising species experts, Federal of the jumping mouse, the best available meadow jumping mouse because the and State agencies, nongovernmental information indicates that, while major overall risk of extinction is high at this organizations, and stakeholders) are range reductions (that is the overall time because none of the existing often established to develop recovery geographic extent of the species populations are sufficiently resilient to plans. When completed, the recovery occurrences) have not happened, habitat support viable populations and this outline, draft recovery plan, and the destruction and isolation have resulted species is currently in danger of final recovery plan will be available on in significant loss of populations and extinction. our Web site (http://www.fws.gov/ reductions in total numbers of Available Conservation Measures endangered), or from our New Mexico individuals. These losses are ongoing as Ecological Services Field Office (see FOR at least 11 of the 29 known populations Conservation measures provided to FURTHER INFORMATION CONTACT). have been significantly compromised species listed as endangered or Implementation of recovery actions since 2011. Without substantial threatened species under the Act generally requires the participation of a conservation efforts, this trend of include recognition, recovery actions, broad range of partners, including other population loss is expected to continue requirements for Federal protection, and Federal agencies, States, tribal, and result in an elevated risk of prohibitions against certain practices. nongovernmental organizations, extinction of the species. Many of the Recognition through listing results in businesses, and private landowners. threats faced by the species would not public awareness and conservation by Examples of recovery actions include have historically been significant, but Federal, State, tribal, and local agencies, habitat restoration (e.g., restoration of past reductions in population size and private organizations, and individuals. native vegetation), research, captive fragmentation (mainly due to habitat The Act encourages cooperation with propagation and reintroduction, and loss from grazing) causing isolation of the States and requires that recovery outreach and education. The recovery of populations makes the current threats actions be carried out for all listed many listed species cannot be particularly severe. As a result, the species. The protection required by accomplished solely on Federal lands species is currently at an elevated risk Federal agencies and the prohibitions because their range may not occur that stochastic events (e.g., drought, against certain activities are discussed, primarily or solely on non-Federal winter storm, wildfire, and floods) will in part, below. lands. To achieve recovery of these affect all known extant populations The primary purpose of the Act is the species requires cooperative making the jumping mouse at a high conservation of endangered and conservation efforts on private, State, risk of extinction. Therefore, because no threatened species and the ecosystems and Tribal lands. resilient populations currently exist to upon which they depend. The ultimate If this species is listed, funding for support persistence of the jumping goal of such conservation efforts is the recovery actions will be available from mouse, it is in danger of extinction recovery of these listed species, so that a variety of sources, including Federal throughout all of its range now, and they no longer need the protective budgets, State programs, and cost share appropriately meets the definition of an measures of the Act. Subsection 4(f) of grants for non-Federal landowners, the endangered species (i.e., in danger of the Act requires the Service to develop academic community, and extinction). and implement recovery plans for the nongovernmental organizations. In Under the Act and our implementing conservation of endangered and addition, pursuant to section 6 of the regulations, a species may warrant threatened species. The recovery Act, the State of New Mexico would be listing if it is threatened or endangered planning process involves the eligible for Federal funds to implement throughout all or a significant portion of identification of actions that are management actions that promote the its range. The threats to the survival of necessary to halt or reverse the species’ protection and recovery of the New this species occurs throughout its range decline by addressing the threats to its Mexico meadow jumping mouse. and are not restricted to any particular survival and recovery. The goal of this Information on our grant programs that significant portion of its range. process is to restore listed species to a are available to aid species recovery can Accordingly, our assessments and point where they are secure, self- be found at: http://www.fws.gov/grants.

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Although the New Mexico meadow it is also illegal to possess, sell, deliver, material) that impairs essential jumping mouse is only proposed for carry, transport, or ship any such behaviors such as breeding, feeding, or listing under the Act at this time, please wildlife that has been taken illegally. sheltering, or results in killing or let us know if you are interested in Certain exceptions apply to agents of the injuring a New Mexico meadow participating in recovery efforts for this Service and State conservation agencies. jumping mouse. species. Additionally, we invite you to We may issue permits to carry out (6) Capture, survey, or collection of submit any new information on this otherwise prohibited activities specimens of this taxon without a species whenever it becomes available involving endangered and threatened permit from us pursuant to section and any information you may have for wildlife species under certain 10(a)(1)(A) of the Act. recovery planning purposes (see FOR circumstances. Regulations governing Questions regarding whether specific FURTHER INFORMATION CONTACT). permits are codified at 50 CFR 17.22 for Section 7(a) of the Act requires endangered species, and at 17.32 for activities would constitute a violation of Federal agencies to evaluate their threatened species. With regard to section 9 of the Act should be directed actions with respect to any species that endangered wildlife, a permit must be to the New Mexico Ecological Services is proposed or listed as endangered or issued for the following purposes: for Field Office (see FOR FURTHER threatened and with respect to its scientific purposes, to enhance the INFORMATION CONTACT). critical habitat, if any is designated. propagation or survival of the species, Peer Review Regulations implementing this and for incidental take in connection interagency cooperation provision of the with otherwise lawful activities. In accordance with our joint policy on Act are codified at 50 CFR part 402. Our policy, as published in the peer review published in the Federal Section 7(a)(4) of the Act requires Federal Register on July 1, 1994 (59 FR Register on July 1, 1994 (59 FR 34270), Federal agencies to confer with the 34272), is to identify to the maximum we will seek the expert opinions of at Service on any action that is likely to extent practicable at the time a species least three appropriate and independent jeopardize the continued existence of a is listed, those activities that would or specialists regarding the scientific species proposed for listing or result in would not constitute a violation of information upon which this proposed destruction or adverse modification of section 9 of the Act. The intent of this rule is based. The purpose of peer proposed critical habitat. If a species is policy is to increase public awareness of review is to ensure that our listing listed subsequently, section 7(a)(2) of the effect of a proposed listing on determination and critical habitat the Act requires Federal agencies to proposed and ongoing activities within designation is based on scientifically ensure that activities they authorize, the range of species proposed for listing. sound data, assumptions, and analyses. fund, or carry out are not likely to The following activities could We have invited these peer reviewers to jeopardize the continued existence of potentially result in a violation of comment during this public comment the species or destroy or adversely section 9 of the Act; this list is not period on this proposed designation of modify its critical habitat. If a Federal comprehensive: critical habitat. action may affect a listed species or its (1) Unauthorized collecting, handling, We will consider all comments and critical habitat, the responsible Federal possessing, selling, delivering, carrying, information received during this agency must enter into consultation or transporting of the species, including comment period on this proposed rule with the Service. import or export across State lines and during our preparation of a final Federal agency actions within the international boundaries, except for determination. Accordingly, the final species habitat that may require properly documented antique decision may differ from this proposal. conference or consultation or both as specimens of these taxa at least 100 described in the preceding paragraph years old, as defined by section 10(h)(1) Public Hearings include livestock grazing, irrigation of the Act. Section 4(b)(5) of the Act provides for ditch maintenance and repair, (2) Unauthorized modification or one or more public hearings on this recreational activities associated with manipulation of riparian habitat, proposal, if requested. Requests must be Federal agencies or State parks that may including mowing or burning of received within 45 days after the date of affect habitat or the species; issuance of occupied habitats, especially during the publication of this proposed rule in the section 404 Clean Water Act permits by active season (generally May through Federal Register. Such requests must be the U.S. Army Corps of Engineers; and October). construction and maintenance of roads (3) Actions that would result in the sent to the address shown in FOR or highways by the Federal Highway unauthorized destruction or alteration FURTHER INFORMATION CONTACT. We will Administration. of the species’ habitat, as described in schedule public hearings on this The Act and its implementing this rule or within the May 2013 SSA proposal, if any are requested, and regulations set forth a series of general Report (Service 2013). Such activities announce the dates, times, and places of prohibitions and exceptions that apply could include, but are not limited to, the those hearings, as well as how to obtain to all endangered wildlife. The removal of riparian shrubs or reasonable accommodations, in the prohibitions of section 9(a)(2) of the Act, herbaceous vegetation by any means. Federal Register and local newspapers codified at 50 CFR 17.21 for endangered (4) Unauthorized modification of any at least 15 days before the hearing. wildlife, in part, make it illegal for any stream or water body or removal or Persons needing reasonable person subject to the jurisdiction of the destruction of herbaceous vegetation in accommodations to attend and United States to take (includes harass, any stream or water body in which the participate in a public hearing should harm, pursue, hunt, shoot, wound, kill, New Mexico meadow jumping mouse is contact the New Mexico Ecological trap, capture, or collect; or to attempt known to occur. Services Field Office at 505–346–2525, any of these), import, export, ship in (5) Unlawful destruction or alteration as soon as possible. To allow sufficient interstate commerce in the course of of New Mexico meadow jumping mouse time to process requests, please call no commercial activity, or sell or offer for habitats (e.g., unpermitted instream later than 1 week before the hearing sale in interstate or foreign commerce dredging, impoundment, water date. Information regarding this any listed species. Under the Lacey Act diversion or withdrawal, proposed rule is available in alternative (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), channelization, discharge of fill formats upon request.

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Required Determinations National Environmental Policy Act (42 List of Subjects in 50 CFR Part 17 U.S.C. 4321 et seq.) Clarity of the Rule Endangered and threatened species, We have determined that Executive Order 12866 requires each Exports, Imports, Reporting and environmental assessments and agency to write regulations that are easy recordkeeping requirements, environmental impact statements, as to understand. We invite your defined under the authority of the Transportation. comments on how to make this rule National Environmental Policy Act of easier to understand including answers Proposed Regulation Promulgation 1969, need not be prepared in to questions such as the following: (1) connection with listing a species as an Accordingly, we propose to amend Are the requirements in the rule clearly endangered or threatened species under part 17, subchapter B of chapter I, title stated? (2) Does the rule contain the Endangered Species Act. We 50 of the Code of Federal Regulations, technical language or jargon that published a notice outlining our reasons as set forth below: interferes with its clarity? (3) Does the for this determination in the Federal format of the rule (grouping and order Register on October 25, 1983 (48 FR PART 17—[AMENDED] of sections, use of headings, 49244). paragraphing, etc.) aid or reduce its ■ 1. The authority citation for part 17 clarity? (4) Would the rule be easier to References continues to read as follows: understand if it were divided into more A complete list of references used in (but shorter) sections? (5) Is the support of this rulemaking is available Authority: 16 U.S.C. 1361–1407; 1531– description of the rule in the on the Internet at http:// 1544; 4201–4245; unless otherwise noted. SUPPLEMENTARY INFORMATION section of www.regulations.gov within the May ■ 2. In § 17.11(h), add an entry for the preamble helpful in understanding 2013 New Mexico Meadow Jumping ‘‘Mouse, New Mexico meadow the rule? What else could we do to make Mouse Species Status Assessment jumping’’ in alphabetical order under the rule easier to understand? Report (Service 2013, Literature Cited) Mammals to the List of Endangered and Send a copy of any comments that and upon request from the New Mexico Threatened Wildlife, to read as follows: concern how we could make this rule Ecological Services Field Office (see FOR easier to understand to Office of FURTHER INFORMATION CONTACT). § 17.11 Endangered and threatened Regulatory Affairs, Department of the wildlife. Authors Interior, Room 7229, 1849 C Street NW., * * * * * Washington, DC 20240. You also may The primary authors of this document email the comments to this address: are the staff members of the New (h) * * * [email protected]. Mexico Ecological Services Field Office.

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

MAMMALS

******* Mouse, New Mexico Zapus hudsonius U.S. (NM, AZ, CO) U.S. (NM, AZ, CO) E ...... NA NA meadow jumping. luteus.

*******

* * * * * Dated: June 4, 2013. Rowan W. Gould. Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–14365 Filed 6–19–13; 8:45 am] BILLING CODE 4310–55–P

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Part IV

Department of Commerce

Bureau of Industry and Security 15 CFR Parts 738, 740, 742 et al. Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports; Final Rule

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DEPARTMENT OF COMMERCE Categories 4 & 5: ITCD staff 202–482– fly-by-wire control systems, see 7D004 0707. for explanation. Bureau of Industry and Security Category 6 (optics): Chris Costanzo at Category 1 Special Materials and 202–482–0718. Related Equipment, Chemicals, 15 CFR Parts 738, 740, 742, 743, 746, Category 6 (lasers): Mark Jaso at 202– ‘‘Microorganisms,’’ and ‘‘Toxins’’ 752, 770, 772, and 774 482–0987. [Docket No. 121207691–3383–02] Category 6 (sensors and cameras): John 1A004 (Protective and Detection Varesi 202–482–1114. Equipment and Components) RIN 0694–AF83 Category 7: Jaymi Love 202–482–6581. In the introductory paragraph .a of the Category 9: Daniel Squire 202–482– Wassenaar Arrangement 2012 Plenary Items paragraph in the List of Items 3710. Agreements Implementation: Controlled section, ‘‘Gas masks’’ is Commerce Control List, Definitions, SUPPLEMENTARY INFORMATION: replaced by ‘‘Full face masks’’ and a and Reports Background Technical Note is added to explain that ‘‘for the purpose of 1A004.a, full face AGENCY: Bureau of Industry and The Wassenaar Arrangement (WA) on masks are also known as gas masks.’’ Security, Commerce. Export Controls for Conventional Arms The masks controlled in 1A004.a protect ACTION: Final rule. and Dual-Use Goods and Technologies against more than just gases and the is a group of 41 like-minded states SUMMARY: The Bureau of Industry and term gas masks has been replaced by committed to promoting responsibility Security (BIS) maintains, as part of its full face masks in manufacture data and transparency in the global arms Export Administration Regulations sheets. This change in terminology does trade, and preventing destabilizing (EAR), the Commerce Control List not change the scope of the control. accumulations of arms. As a (CCL), which identifies certain of the In the Note at the end of the Items Participating State, the United States items subject to Department of paragraph in the List of Items Controlled has committed to controlling for export Commerce jurisdiction. This final rule section, paragraph .b is amended by all items on the WA control lists. The revises the CCL to implement changes replacing ‘‘Equipment’’ with lists were first established in 1996 and made to the Wassenaar Arrangement’s ‘‘Occupational health or safety have been revised annually thereafter. List of Dual-Use Goods and equipment’’ to clarify the scope of the Proposals for changes to the WA control Technologies (Wassenaar List) exclusion Note. lists that achieve consensus are maintained and agreed to by approved by Participating States at 1C001 (Materials Specially Designed for governments participating in the annual December Plenary meetings. Use as Absorbers of Electromagnetic Wassenaar Arrangement on Export Participating States are charged with Waves, or Intrinsically Conductive Controls for Conventional Arms and implementing the agreed list changes as Polymers) Dual-Use Goods and Technologies soon as possible after approval. (Wassenaar Arrangement, or WA) at the Paragraph 1C001.b (Piezoelectric Implementation of WA list changes December 2012 WA Plenary Meeting polymers and copolymers) of the Items ensures U.S. companies have a level (the Plenary). The Wassenaar paragraph in the List of Items Controlled playing field with their competitors in Arrangement advocates implementation section is amended by adding an other WA member states. of effective export controls on strategic exclusion Note for materials, specially items with the objective of improving Revisions to the Commerce Control List designed or formulated for laser regional and international security and marking of polymers; or laser welding of Out of the 37 Export Control polymers, because these materials are stability. This rule harmonizes the CCL Classification Numbers (ECCNs) with the changes made to the WA List not used in military applications. included in this rule, the following 28 Paragraph 1C001.c (Seals, gaskets, at the Plenary by revising ECCNs ECCNs on the Commerce Control List controlled for national security reasons valve seats, bladders or diaphragms) of (CCL) are revised to implement the the Items paragraph in the List of Items in each category of the CCL, except changes to the Wassenaar List of Dual- category 8, as well as amending the Controlled section is amended by Use Goods and Technologies agreed to adding an exclusion Note for 1C001.c General Software Note, WA reporting at the December 2012 WA Plenary requirements, and definitions section in materials in liquid form, because the meeting: ECCNs 1A004, 1C001, 2B001, liquid form is not used in military the EAR. BIS is adding unilateral 2B006, 2D001, 2D002, 3A001, 3A002, controls to the CCL for specific software applications but is used in commercial 3B001, 3C002, 4D001, 5A001, 5B001, applications to make a transparent and technology for aviation control 5E001, 5A002, 5E002, 6A001, 6A002, systems, which the WA agreements conductive layer. It is also used, for 6A005, 6C004, 6C005, 7A001, 7D003, example, in the liquid crystal panel of removed from the WA List, i.e., EAR 7E001, 7E004, 9A001, 9A018 and national security controls. televisions, personal computers, and 9E003; and the following two (2) other such commercial commodities. DATES: This rule is effective: June 20, ECCNs, 2D003 and 7D004, are added to 2013. the CCL to implement the changes to the Category 2—Materials Processing FOR FURTHER INFORMATION CONTACT: For Wassenaar List of Dual-Use Goods and 2B001 (Machine Tools) general questions contact Sharron Cook, Technologies agreed to at the December Office of Exporter Services, Bureau of 2012 WA Plenary meeting. The Header is amended to remove the Industry and Security, U.S. Department Corresponding changes related to the phrase ‘‘and specially designed of Commerce at 202–482 2440 or by movement of 5A001.i to 5A001.f.1 are components’’ to harmonize with the email: [email protected]. made to ECCNs 5A980, 5D001, 5D980, changes to 2B001.f. For technical questions contact: 5E001and 5E980. The Unit paragraph of the List of Categories 1 & 2: Michael Rithmire at This rule also makes additions to Items Controlled section is amended by 202–482–6105. 0D521 and 0E521 for ‘‘source code’’ for removing the phrase ‘‘components in $ Category 3: Brian Baker at 202–482– the ‘‘development’’ of fly-by-wire value’’ to harmonize with the changes in 5534. control systems and ‘‘technology’’ for 2B001.f. Amendments to the Items

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paragraph of the List of Items controlled 2B006 (Dimensional Inspection or machine tools not specified by Category section in 2B001 are as follows. Measuring Systems, Equipment, and 2 when such ‘‘software’’ is exported The exclusion Note 2 to 2B001 is ‘‘Electronic Assemblies’’) with the machine tools. amended by correcting the spelling of 2B006.b.1 (‘Linear displacement’ jewelry in paragraph .d and adding 2D003 (‘‘Software’’, Designed or measuring instruments) is amended by Modified for the Operation Of paragraph .e for dental prostheses. adding a Note to reference 2B006.b.1.c 2B001.a (Machine tools for turning) is Equipment Specified by 2B002, That for controls on displacement measuring amended by revising the positioning Converts Optical Design, Workpiece ‘‘laser’’ interferometers. accuracy in 2B001.a.1 from 4.5 mm to Measurements and Material Removal 2B006.c (Equipment for measuring Functions Into ‘‘Numerical Control’’ 3.0 mm and moving the phrase surface roughness (including surface ‘‘according to ISO 230/2 (2006)’’ within Commands To Achieve the Desired defects)) is amended by replacing Workpiece Form) that paragraph, and adding the phrase ‘‘irregularities’’ with ‘‘roughness ‘‘or national equivalents’’ to harmonize (including surface defects)’’ and ECCN 2D003 is added to control the with WA agreed text. removing the phrase ‘‘as a function of ‘‘use’’ software for 2B002 optical 2B001.b (Machine tools for milling) is angle.’’ This change will clarify the finishing machines, which is critical to amended by revising the positioning scope of controls to integrate some of the function of 2B002 machines. This accuracy in 2B001.b.1.a from 4.5 mm to the expanded abilities of measuring ECCN is controlled for national security 3.0 mm and moving the phrase equipment. (NS2) and for anti-terrorism (AT1— ‘‘according to ISO 230/2 (2006)’’ within Cuba, Iran, N. Korea, Syria and Sudan) that paragraph, and adding the phrase 2D001 (‘‘Software’’ for ‘‘Development’’ reasons; see Supplement No. 1 to part ‘‘or national equivalents’’ to harmonize and ‘‘Production’’ for Listed Category 2 738 of the EAR. License Exception TSR with WA agreed text. Equipment) is available to countries in Country 2B001.b.2 (Five or more axes machine The Header is simplified, because a Group B (see Supp. No. 1 to Part 740), tools for milling) is amended by adding more detailed description of controlled see § 740.6 of the EAR. three paragraphs b.2.a, b.2.b and b.2.c software is now in the Items paragraph Category 3—Electronics with combinations of positioning of the List of Items Controlled section. accuracy and travel length parameters: The Items paragraph is amended by 3A001 (Electronic Components and equal to or less than 3.0 mm/less than adding two paragraphs that split the Specially Designed Components 1m, equal to or less than 4.5 mm/greater controls that were previously in the Therefor) and 3A002 (General Purpose than 1m and less than 2 m, and equal Header, which separates ‘‘use’’ from Electronic Equipment and Accessories to or less than 4.5 + 7x(L–2) mm (L is ‘‘development’’ or ‘‘production’’ Therefor) the travel length in meters)/equal to or software in order to move 2B002 ‘‘use’’ greater than 2m, respectively. In software from 2D001 to the new 2D003. 3A001.a.7 (Field programmable logic addition, this rule moves the phrase Paragraph .a controls ‘‘development’’ or devices) is amended by this rule. ‘‘according to ISO 230/2 (2006)’’ within ‘‘production’’ of equipment controlled Paragraph a.7.a is revised by replacing b.2.b and b.2.c, and adds the phrase ‘‘or by 2A001 or 2B001 to 2B009. Paragraph ‘‘digital input/outputs’’ with ‘‘single- national equivalents’’ to harmonize with .b narrows the scope for ‘‘use’’ to ended digital input/outputs,’’ which WA agreed text. A Note is added after equipment specified by 2A001.c, 2B001, narrows the scope of control. The level b.2 to point people to 2B001.b.2.d for or 2B003 to 2B009, which excludes of control is amended by revising the parallel mechanism machine tools. most of 2A001 and all of 2B002 maximum number of single-ended 2B001.b.2.d is added to clarify that (Numerically controlled optical digital input/outputs from ‘‘greater than 2B001 controls five or more axes finishing machine tools equipped for 200’’ to ‘‘500 or greater’’ to reflect the machine tools for milling that are also selective material removal * * *.). advances made in recent years to Field ‘parallel mechanism machine tools.’ A A Note is added to exclude ‘‘part Programmable Gate Array (FPGA) Technical Note accompanying this programming ‘‘software’’ that generates devices and to remove controls on older paragraph explains that a ‘parallel ‘‘numerical control’’ codes for devices. mechanism machine tool’ is a machine machining various parts’’ from 2D001 Paragraph a.7.b parameter ‘‘system tool having multiple rods, which are controls, because this software cannot gate count’’ is changed to ‘‘an ‘aggregate linked with a platform and actuators; directly operate the Computer Numeric one-way peak serial transceiver data each of the actuators operates the Controller (CNC) equipment. rate’ or 200 Gb/s or greater’’ to remove respective rod simultaneously and the arbitrary and problematic metric of independently. 2D002 (‘‘Software’’ for Electronic system gates as a control parameter and 2B001.b.3 is amended by moving the Devices, Even When Residing in an replace it with a more modern and phrase ‘‘according to ISO 230/2(2006)’’ Electronic Device or System, Enabling meaningful metric for FPGAs with in this paragraph and replacing ‘‘along Such Devices or Systems To Function as embedded transceiver circuitry. any linear axis’’ with ‘‘along one or a ‘‘Numerical Control’’ Unit, Capable of A Technical Note is added to define more linear axis’’ to clarify the control Coordinating Simultaneously More ‘Aggregate one-way peak serial text. This rule also adds the phrase ‘‘or Than 4 Axes for ‘‘Contouring Control’’) transceiver data rate,’ which is the national equivalents’’ to harmonize with Note 1 is amended by replacing the product of the peak serial one-way WA agreed text. word ‘‘controlled’’ with ‘‘specified’’ to transceiver data rate times the number 2B001.b.4.b is amended by replacing harmonize with the WA list and clarify of transceivers on the FPGA. the period with a semi-colon to correct the meaning of the Note. 3A001.b.2 (Microwave ‘‘Monolithic the punctuation. Note 2 is amended by replacing the Integrated Circuits’’ (MMIC) power 2B001.f (Deep-hole-drilling machines word ‘‘controlled’’ with ‘‘specified’’ in amplifiers) is amended by adding -70 and turning machines) is amended by two places to harmonize with the WA dBm as an equivalent output power removing the phrase ‘‘and specially list and clarify the meaning of the Note. parameter to 0.1 nW in paragraph b.2.d, designed components therefor,’’ because Also, a reference to 2D003 is added. for consistency. components for these machines are Note 3 is added to exclude ‘‘software’’ The frequency of 37.5 is changed to general and not specially designed. for the minimum necessary operation of 37 GHz in paragraphs b.2.d and b.2.e.

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For many years, controls on microwave threshold of 3A001.b.11.a is the inverse wireless products in the frequency range components have used 37.5 GHz as the of the lower frequency control threshold 5–6 GHz has rendered the existing frequency breakpoint between military (current, 312 ps = 1/3.2 GHz). The new control threshold obsolete. and civilian applications. In fact, the threshold is 156 ps = 1/6.4 GHz. This 3A002.e (Network analyzers) is proper breakpoint is 37 GHz, as per the would retain control on Digital to amended by adding ‘‘An’’ to the ETSI EN 300 197 standard. Analog Converter (DAC)-based beginning of paragraph e.1 for Paragraph b.2.e is amended by synthesizer assemblies having sample consistency and correct grammar. This removing the fractional bandwidth rate exceeding 16 GSa/s (frequency is rule also removes the ‘‘or’’ at the end of parameter, because a fractional calculated by dividing sample rate by the paragraph, because two additional bandwidth as large as 10%, within a 2.5). paragraphs are added to cover frequency band that is only 16% wide, is illogical. Paragraphs 3A001.b.11.b and ranges up to 110 GHz. This change To compensate, this rule increases the 3A002.d.3.b are amended by revising makes it clear that 110 GHz is the output power parameter from 0.25 W the low-frequency threshold from 3.2 normal max frequency for 1.00 mm (24 dBm) to 1.0 W (30 dBm) to align GHz to 4.8 GHz to accommodate the coaxial microwave connectors. A with state-of-the-art output power in 802.11ac (Very High Throughput—VHT) Technical Note is also added to define this frequency range. amendment. The 802.11ac standard uses ‘Nonlinear vector measurement Paragraph b.2.f is amended by adding wider bandwidths for higher functionality,’ which is a term used in a ceiling to the operation frequency of throughputs and data rates to address paragraph e.3. Paragraph e.4 (former 75 GHz, which is the top of the V band several uses, including wireless displays paragraph e.2) is amended by revising to align with waveguide bands. The for in-home distribution of High the maximum operating frequency from average output power parameter is Definition Television (HDTV). 70 GHz to 110 GHz. raised from 0.1 nW to 31.62 mW (15 Paragraphs 3A001.b.11.f, b.11.g, 3A002.f (Microwave test receivers) is dBm) with a ‘‘fractional bandwidth’’ 3A002.c.2, c.3, d.1, d.2, d.3.f, d.4.a, amended by revising the maximum greater than 10%, which aligns with the d.4.b, d.5, e.1, and e.2, are amended by frequency control threshold of 3A002.f 15 dBm output power control threshold raising the high-frequency limit from 70 .1 from 70 GHz to 110 GHz, to align for network analyzers in 3A002.e.1. GHz to 75 GHz, which corresponds to with 3A002.e, because of the similarity Two new parameter paragraphs are the top of the V-band (waveguide). between 3A002.e network analyzers and added for MMIC power amplifiers Aligning the specified frequency to 3A002.f microwave test receivers. controlled under b.2.g and b.2.h to add standard waveguide frequency two new frequency ranges to align with breakpoints makes this parameter more 3B001 (Equipment for the the 90 GHz top of the E band-WR–12 relevant to national security concerns. Manufacturing of Semiconductor waveguide upper limit. Paragraph b.2.g 3A002.c.4 is amended by revising the Devices or Materials) controls MMIC power amplifiers rated Heading from ‘‘Dynamic signal 3B001.a.2 (Metal Organic Chemical for operation at frequencies exceeding analyzers’’ to ‘‘Signal analyzers’’ and Vapor Deposition (MOCVD) reactors) is 75 GHz up to and including 90 GHz cascading the control parameters to amended by simplifying the control text with an average output power greater clarify the controls. to clarify that MOCVD systems used to than 10 mW (10 dBm) with a ‘‘fractional Paragraph c.4.a is amended by produce nitride based devices are bandwidth’’ greater than 5%. Paragraph removing ‘‘a’’ and revising the ‘‘real- within the scope of control. b.2.h controls MMIC power amplifiers time bandwidth’’ from ‘‘40 MHz’’ to ‘‘85 3B001.b (Equipment designed for ion rated for operation at frequencies MHz’’ to update the control level. The implantation) is amended by removing exceeding 90 GHz and with an average definition for ‘‘real-time bandwidth’’ is and reserving paragraph b.1 (beam output power greater than 0.1 nW (-70 also updated in Part 772 of the EAR to energy (accelerating votage) exceeding 1 dBm). better define the concept of gap-free MeV), which controlled ion implant 3A001.b.4 (Microwave solid state analysis of the input data, and to assure systems used for the manufacture of amplifiers and microwave assemblies/ that the scope of control remains memory integrated circuits (Example: modules containing microwave solid specific and focused, which is also the FLASH NAND). This technology is state amplifiers) is amended by adding reason for adding paragraph c.4.b that ubiquitous and equivalent tools are ‘‘either’’ to paragraph b.4.f.3 to adds a gap and windowing effect aspect readily obtained globally. eliminate an ambiguity in the current to the control. Paragraph b.2 is amended by raising text. The Technical Note below this The Note to 3A002.c.4 is amended by the beam energy parameter and paragraph is corrected to harmonize changing ‘‘dynamic signal analyzers’’ to specification of the implant materials, with the WA list. Note 3 is added to ‘‘signal analyzers’’ for clarity. which assures only equipment used in clarify that 3A001.b.4 includes transmit/ Technical Notes are added for the production of radiation hardened receive modules and transmit modules. 3A002.c.4.b to explain probability of ICs is captured. 3A001.b.10 (Oscillators or oscillator discovery, also known as probability of Paragraphs b.3 and b.4 are amended assemblies) and 3A002.d.4 (signal intercept or probability of capture. by moving the ‘‘or’’ from the end of b.3 generators) are amended by replacing 3A002.c.5 is added to add a new to the end of b.4, because a new the word ‘‘for’’ with ‘‘anywhere within control parameter for ‘‘frequency mask paragraph b.5 is added. the range of’’ in b.10.a, b.10.b, trigger,’’ which provides the capability Paragraph b.5 is added to control 3A002.d.4.a and d.4.b to clarify that to capture sporadic transient RF signals equipment using channeled silicon ion oscillators or oscillator assemblies and within other closely spaced RF signals. beams in heated equipment. signal generators, respectively, are A definition for ‘‘frequency mask 3A001.h (Multi-layer masks with controlled if it meets the parameters at trigger’’ is added to Part 772 in relation phase shift layer not specified by any point within the selected ranges. to this new paragraph. 3B001.g) is amended by adding two new 3A001.b.11 (‘‘Frequency synthesizer’’ 3A002.d.3.a (‘‘frequency switching parameters. Paragraph h.1 specifies ‘‘electronic assemblies’’) is amended by time’’ less than 312 ps) is removed as a glass birefringence of the mask (less revising the ‘‘frequency switching time’’ parameter for frequency synthesized than 7 nm/cm), which delineates phase in paragraph b.11.a from 312 ps to 156 signal generators, because extension of shift masks that are used for defining ps. The frequency switching time the 802.11 standard for consumer geometries consistent with the

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lithography control. Paragraph h.2 Category 5 Part 1— the Commerce Country Chart in specifies the light source wavelength of ‘‘Telecommunications’’ Supplement No. 1 to part 738 of the EAR. the lithography equipment (less than 5A001 (Telecommunications Systems, 245 nm), to control only phase shift Regarding certain types of equipment Equipment, Components and that are not controlled by 5A001.f, the masks that are consistent with the Accessories) lithography control of 245nm term ‘interception equipment’ excludes The License Requirement section is wavelength source. This revision will equipment used to operate or test the amended by removing 5A001.i from control phase shift masks that are used network (e.g., devices which measure NS2 and SL controls, because items signal strength, and do not require the for emerging Extreme Ultra-Violet (EUV) previously controlled under paragraph .i signal’s contents to be decoded, lithography. The addition of the phrase are moved to paragraph .f.1 Paragraph demodulated, or recorded, are not ‘‘not specified by 3B001.g’’ to the .f.1 is already controlled under NS2. considered ‘interception equipment’), introductory text in 3A001.h resolves Paragraph f.1 is added to the SL control and also readily available radio the possible ‘‘double coverage’’ between paragraph. monitoring equipment for analog 3B001.g and 3B001.h. The License Requirement Notes communications found in, for example, paragraph is amended by replacing the 3C002 (Resist Materials and taxi-cab radios and home police reference to 5A001.i with 5A001.f.1. scanners. The Note is amended to also ‘‘Substrates’’ Coated With Specified License Exception LVS eligibility Resists) generally exclude equipment designed paragraph is amended by revising for mobile telecommunications network License Exceptions GBS and CIV reference to paragraph .f to read f.2, f.3, operators, designed for the paragraphs are revised to read, ‘‘Yes for f.4 in order to narrow the scope, because ‘‘development’’ or ‘‘production of the interception equipment in 5A001.f.1 3C002.a provided they are not also mobile telecommunications equipment is too sensitive to receive License controlled by 3C002.b through .e’’, to be or systems, or specially designed for the Exception LVS eligibility. more accurate and concise. interception of analog Private Mobile 5A001.f (Mobile telecommunications Radio (PMR), IEEE 802.11 WLAN. Paragraph 3C002.a (Resists designed jamming equipment) is amended by Nota Bene (NB) 1 is amended by for semiconductor lithography) is adding ‘‘interception or’’ in order to removing the text ‘‘For GNSS jamming amended by cascading the parameter expand the scope of control to all equipment,’’ and adding the text ‘‘For paragraphs and adding a new paragraph mobile telecommunications jamming items specified by 5A001.f.1 (including a.2. Paragraph a.1 now controls positive and interception equipment that is of as previously specified by 5A001.i), see resists adjusted (optimized) for use at national security concern, as well as also 5A980 and U.S. Munitions List (22 wavelengths equal to or greater than 15 equipment that monitors the network to CFR 121)’’, because 5A001.f is expanded nm, but less than 245 nm. Paragraph a.2 detect jamming and interception that is and there may be some related controls resists adjusted (optimized) for of national security concern. 5A001.i equipment in the International Traffic in use at wavelengths greater than 1 nm, was combined with the former 5A001.f Arms Regulations (ITAR) (22 CFR Parts but less than 15 nm. These revisions are as a clarification because interception 120–130) that should be considered made to be more specific about the and jamming are often interrelated when classifying this type of equipment. controls. functions. 5A001.f.1 (Interception A Nota Bene (NB) 2 is added to equipment designed for the extraction of reference 5A001.b.5 for radio receivers Paragraph 3C002.c (All resists voice or data, transmitted over the air in order to clarify that 5A001.f does not designed for use with X-rays, with a interface) is moved from 5A001.i and apply to radio receivers. sensitivity of 2.5 J/mm2 or better) is license requirements are not changed. 5A001.h (Counter Improvised removed and reserved, because these 5A001.f.2 (interception equipment not Explosive Device (IED) equipment and resists are not used for the fabrication of specified in 5A001.f.1) is designed to related equipment) is amended by semiconductor devices. control equipment that captures and adding a new paragraph h.2 to control Paragraph 3C002.d (All resists processes the air interface (e.g., the air equipment using techniques designed to optimized for surface imaging link between a handset and a base enable radio communications in the technologies) is amended by removing station, over which voice/data and same frequency channels on which co- metadata are transmitted) in order to located equipment specified by the reference to silylated resists, as well extract client device or subscriber 5A001.h.1 is transmitting. as the definition for silylation indicators (such as IMSI, TIMSI, IMEI), The Nota Bene (NB) is amended by techniques in the Related Definition signalling or other metadata contained removing the phrase ‘‘ECCN 5A001.f paragraph of the List of Items Controlled therein, but not without also processing and,’’ because that reference now section, because it was determined that the voice or data channels contained appears in 5A001.h.1. it is not necessary to specifically call out therein. Licenses are required for 5A001.i is reserved and the items are silylated resists. countries listed in NS2 and AT1 of the moved to 5A001.f.1, as explained above. Category 4—Computers Commerce Country Chart in To harmonize with this move, seventeen Supplement No. 1 to part 738 of the (17) references to 5A001.i are changed 4D001 ‘‘Software’’ EAR. to 5A001.f.1 in § 738.3(a)(1) (Commerce 5A001.f.3 (Jamming equipment) was Country Chart structure—ECCNs that 4D001.a is amended by deleting the the former 5A001.f and license require a license to all destinations), six term ‘‘use,’’ because no ‘‘use’’ software requirements are not changed. (6) references are changed in of concern could be identified for this 5A001.f.4 (Radio Frequency (RF) § 740.2(a)(3) (Restrictions on all license entry, and by removing 4A002 from the monitoring equipment designed or exceptions), five (5) references are scope of control, because it was modified to identify the operation of changed in § 742.13 (a)(1) (License removed in 2004. items specified in 5A001.f.1, f.2, or f.3) requirements for communications is added to control passive counter intercepting devices * * *), six (6) surveillance tools. Licenses are required references are changed in § 746.7(a)(1) for countries listed in NS2 and AT1 of (Iran license requirements), and six (6)

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references are changed in § 752.3(a)(7) because that equipment was moved in sold before, or that has not previously (Special Comprehensive License 5A001. had cryptographic functionality. ineligible items). 5E001.d (‘‘Technology’’ * * * for the Instead, the end-product must first be The Nota Bene (NB) of 5A001.i is ‘‘development’’ or ‘‘production’’ of established as a ‘mass market’ product amended to reference 5A001.f.1 for Microwave Monolithic Integrated before its components may qualify for items previously specified by 5A001.i. Circuit (MMIC) power amplifiers paragraph b. 5A980 (Devices primarily useful for specially designed for Second, paragraph b.1. excludes the surreptitious interception of wire, telecommunications) is amended by components whose primary function or oral, or electronic communications) is revising paragraphs 5E001.d.4, d.5, and set of functions is ‘‘information amended to replace the reference to d.6, as well as adding new paragraphs security.’’ Therefore, cryptographic co- 5A001.i with 5A001.f.1 in the Heading 5E001.d.7 and d.8, to mirror the revision processors, cryptographic libraries/ and the Related Controls paragraph of made to 3A001.b.2 (explained above). modules, Trusted Platform Modules (TPMs), and components that provide the List of Items Controlled section. The 5E980 (‘‘Technology’’, other than that an open cryptographic interface are not structure of the List of Items Controlled controlled by 5E001.a * * *) section is corrected by adding the Unit eligible for decontrol under paragraph b. paragraph, adding the Related Controls The Header is amended by replacing Third, paragraph b.2. excludes Header to the Related Controls two references to 5A001.i with components that could introduce new paragraph, and adding the Related 5A001.f.1, because that equipment was cryptographic functionality or enhance Definitions paragraph. moved in 5A001. existing cryptographic functionality into The Related Control paragraph in the an array of products, if such 5B001 (Telecommunication Test, List of Items Controlled section is functionality does not already exist in Inspection and Production Equipment, amended by replacing five references to the ‘mass market.’ Components that Components and Accessories) 5A001.i with 5A001.f.1, because that provide enhanced or additional The License Exception STA eligibility equipment was moved in 5A001. cryptographic functionality to an paragraph is amended by removing Category 5 Part 2—‘‘Information existing ‘mass market’ product are not ‘‘use,’’ because ‘‘use’’ was removed from Security’’ decontrolled under paragraph b. This control in 5B001.a. exclusion applies to both ‘standard add- 5B001.a. is amended to delete ‘‘or The Cryptography Note (Note 3 to on accessories’—additions to ‘mass use’’ as no ‘‘use’’ software of concern Category 5 Part 2 (Cat 5P2)) is changed market’ products that impart new could be identified for this entry. in two ways. It is reformatted in order features—and to ‘tailored add-on The Note to 5B001.a was amended to to add a new paragraph .b, and a new accessories’—additions to ‘mass market’ replace ‘‘control’’ with ‘‘apply to’’ to Note to the Cryptography Note is added products that transform the product into conform with Wassenaar. to help industry better understand how a non-consumer type item (e.g., tailored the existing ‘mass market’ provisions for network operators, security 5D001 (‘‘Software’’) and requirements of the Cryptography operators, police/military/intelligence, The SL control paragraph in the Note (i.e., new paragraph a.) are applied. etc.) License Requirements section is Regarding the new paragraph b., this Paragraph b.3 excludes components amended by replacing the reference to new paragraph provides that ECCN that provide custom/substitute 5A001.i with 5A001.f.1, because that 5A002 and 5D002 do not control certain cryptography or made-to-order equipment was moved in 5A001. hardware components of existing items customizations (e.g., tailored form/fit/ The License Requirements Notes described in paragraph a. of the Note. function) but no algorithm changes. The paragraph in the License Requirements While certain components of ‘‘mass requirements set forth in Section section is amended by replacing three market’’ products described in 742.15(b) for mass market components references to 5A001.i with 5A001.f.1, paragraph a. to Note 3 are themselves also apply to the hardware components because that equipment was moved in sold or distributed through ‘‘mass eligible for decontrol under new 5A001. market’’ channels and are therefore paragraph b. to Note 3. decontrolled under paragraph a., other Paragraph b.4. states that details of the 5D980 (Other ‘‘Software’’, Other Than comparable components for ‘‘mass component and end-item must be That Controlled by 5D001* * *) market’’ items are not separately sold to available to BIS when necessary. BIS The Header is amended by replacing the public via retail channels. New does not intend to change the scope of the reference to 5A001.i with 5A001.f.1, paragraph b. removes ECCN 5A002 and any of the reporting requirements under because that equipment was moved in 5D002 controls from hardware License Exception ENC. In particular, 5A001. components that are factory-installed BIS does not intend to require exporters The Related Control paragraph in the into a mass marketed product, and from to collect any more information on the List of Items Controlled section is functionally equivalent aftermarket products that a component is going into amended by replacing three references replacements of Original Equipment than is currently required under the to 5A001.i with 5A001.f.1, because that Manufacturer (OEM) components— EAR. equipment was moved in 5A001. components that are identical in form, In adding this new paragraph b. to the fit and function to the OEM Cryptography Note (Cat 5P2 Note 3) in 5E001 (‘‘Technology’’) components, with certain restrictions as the existing provisions of Cat 5P2, Note The SL control paragraph in the follows. 3 become new paragraph a. License Requirements section is First, paragraph b. is limited to In terms of how these existing ‘mass amended by replacing the reference to hardware components for existing items market’ provisions are applied, 5A001.i with 5A001.f.1, because that described in paragraph a. of Note 3 and paragraph 1 of the new Note to the equipment was moved in 5A001. to hardware components that have been Cryptography Note provides guidance The License Requirements Notes designed for those existing items. on what it means for an item to be paragraph in the License Requirements Paragraph b. does not apply to a considered ‘mass market’ and ‘generally section is amended by replacing two component that is designed for a brand available to the public’. This Note references to 5A001.i with 5A001.f.1, new type of item that has never been paragraph 1 makes it clear that in order

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to meet the ‘mass market’ provisions of ‘‘specially designed’’ is needed. BIS is market today that exceed this limitation. Cat 5P2 Note 3 paragraph a., the item making this change to clarify that no This revision will only decontrol such must be of potential interest to a wide changes are made to how the U.S. equipment that cannot interconnect range of individuals and businesses, and Government currently interprets the with more than seven (7) devices (e.g., potential customers do not need to scope of 5A002.a as a result of the Bluetooth). If a type of Wireless specifically consult with a vendor or implementation of the newly revised Personal Area Network (WPAN) supplier to learn how much the item definition of ‘‘specially designed.’’ equipment can interconnect with more costs or what its main functional On June 19, 2012 (77 FR 36419), BIS than seven devices, it continues to only specifications are. published the advanced notice of be released by 5A002 Note i. if its Paragraph 2. of the Note to the proposed rulemaking (ANPRM) entitled nominal operating range does not Cryptography Note also makes clear that ‘‘Feasibility of Enumerating ‘‘Specially exceed 30 meters. in determining whether an item meets Designed’’ Components.’’ In that In addition, the definition of the ‘mass market’ qualifications of Note ANPRM, BIS requested public ‘‘personal area network,’’ found in Part 3 paragraph a., relevant factors such as comments to identify where on the CCL 772 of the EAR, is updated to account quantity, price, required technical skill, it was possible to replace the term for this range increase in paragraph i. of existing sales channels, typical ‘‘specially designed’’ with other control the Note. customers, typical use, or any criteria. Category 5, Part 2 was 5A002.a.1 is amended by adding the exclusionary practices of the supplier identified by one commenter as a good phrase ‘‘or execution of copy-protected may be taken into account, in addition candidate for enumerating ‘‘software’’ to the exclusion list in to other possible considerations. ‘‘components’’ that warrant control. paragraph a.1, as well as Technical Note The purpose of this new Note to the This commenter supported making 1, to clarify that such items are still Cryptography Note is not to change the 5A002.a into a positive list of excluded from control. Prior to June 25, existing scope of control of the ‘‘components’’ controlled for 2010, products with cryptographic Cryptography Note, but to make current ‘‘information security.’’ The commenter functionality limited to copy protection practices of interpretation more clear to indicated 5A002 is already more of an (and other digital rights management the public. enumerated control versus a catch-all (DRM) functionality) were originally Although the control text only control and therefore the term decontrolled by decontrol Note c. to mentions hardware components, the ‘‘specially designed’’ was not needed. 5A002. When Note 4 to Category 5, Part decontrol also applies to software This new Note to paragraph a. is 2 (Cat 5P2) was implemented on June components that are specially designed responsive to that comment and also 25, 2010, paragraph c. of the decontrol for a particular hardware component consistent with the larger Export note to 5A002 was removed and a that has already been released from Control Reform (ECR) Initiative pointer (Nota Bene) to Cat 5P2 Note 4 control. objective of making the CCL more was added to make clear that this For a component that meets new ‘‘positive.’’ decontrol was subsumed into Cat 5P2 paragraph b. of the Cryptography Note The addition of Note 1 to the Related Note 4. However, since then, exporters 3 in Category 5 Part 2 of the Commerce Controls paragraph of 5A002 does not have been confused about how copy Control List (Supplement No. 1 to part change the scope of the ECCN, but protection falls under Note 4. To make 774) that has previously been classified rather is limited to adding an it clear that copy protection is not under ECCN 5A002 pursuant to explanatory note regarding the scope of controlled in 5A002, this rule adds the § 740.17(b)(3), a new classification by ‘‘components’’ controlled under phrase ‘‘or execution of copy-protected BIS (i.e., a request for a CCATS) is not 5A002.a. Currently, the U.S. software’’ into the exclusion note. This required to make the component eligible Government is working on a regime does not change the scope of what is for mass market treatment under proposal to the Wassenaar Arrangement decontrolled, as Note 4 in Cat 5P2 § 742.15(b)(3) and reclassified under that would replace the term ‘‘specially remains unchanged and in full effect. By ECCN 5A992. However, a reclassified designed’’ in 5A002.a with ‘‘providing application of Note 4 in Cat 5P2 component must be included in a self- the means or functions necessary.’’ This (especially paragraph a.3, regarding classification report submitted to BIS work is being undertaken by the U.S. digital rights management (DRM)), copy and the ENC Encryption Request Government to better reflect the intent protection and other DRM functionality Coordinator no later than February 1 of this control on ‘‘components’’ under is excluded from classification under following the calendar year in which it 5A002.a and to better reflect how the Cat 5P2, even if the copy protection is first exported or reexported as a mass U.S. Government currently interprets scheme (or other DRM) uses market item (see § 742.15(c) for the scope of this control on ‘‘cryptography.’’ Moreover, copy complete instructions on submitting ‘‘components’’ under 5A002.a. protection functionality is not specified encryption self-classification reports). The Note g. to the Items paragraph is for control in any CCL Category. also amended by replacing the reference Accordingly, EAR99 software with 5A002 (‘‘Information Security’’ Systems, to paragraphs .b to e. of the addition of cryptographic functionality Equipment and Components Therefor) Cryptography Note (Note 3 in Category limited to copy protection remains The Related Controls paragraph in the 5—Part 2) with paragraphs a.2. to a.5. of classified as EAR99. List of Items Controlled Section is the Cryptography Note in order to A Note to 5A002.a.2 is added to amended by redesignating paragraphs harmonize with the changes made to the clarify that 5A002.a.2 includes systems (1) and (2) as (2) and (3), and adding a Cryptography Note. or equipment, designed or modified to new paragraph (1) to specify that The Note to the Items paragraph is perform cryptanalysis by means of 5A002.a controls ‘‘components’’ amended by adding the phrase ‘‘or not reverse engineering. providing the means or functions exceeding 100 meters according to the 5A002.a.7 (Non-cryptographic necessary for ‘‘information security.’’ manufacturer’s specifications for information and communications All such ‘‘components’’ are equipment that cannot interconnect technology (ICT) security systems and presumptively ‘‘specially designed’’ and with more than seven devices’’ to the devices) is amended by replacing the controlled within 5A002.a. Therefore, end of paragraph i. to raise the range, phrase ‘‘evaluated to an assurance level no analysis of the definition of because there are many products on the exceeding’’ with ‘‘that have been

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evaluated and certified by a national a.1.a.3.b and moving the ‘across track manufacturing of additional non-linear authority to exceed’’ in order to clarify resolution’ parameter in paragraph optical materials. The new citations that the intent is to control only those a.1.a.3.b to new paragraph a.1.a.3.c. identify specific materials by name or items which have been evaluated Editorial revisions are made to the using the updated parameters under against the applicable criteria and have Technical Notes as well. 6C004.c.3 and c.4 that can be fabricated subsequently received a certification 6A002 (Optical Sensors or Equipment into non-linear optical components. from a national security authority And Components Therefor) is amended These non-linear crystals have recently attesting that the items exceed class by replacing the periods with semi- become useful due to advances in EAL–6 (evaluation assurance level) of colons at the end of paragraphs a.3.a.2.b, manufacturing. They can now be grown the Common Criteria (CC) or equivalent. a.3.b.2.b, a.3.g.3 and c.3 in the Items large enough and with low defects so 5A992 (Equipment not controlled by paragraph of the List of Items Controlled that they can be cut and polished into 5A002) is amended by adding a Note to section to correct the punctuation. In optical components. The newly listed paragraph .b of the Items paragraph in addition, 6A002.a.3.d.2.b is amended by materials are of interest because they the List of Items Controlled section. The removing ‘‘(SPRITE),’’ because the can operate at high optical powers that Note is added to clarify that 5A992 does SPRITE is no longer in production and cause other non-linear materials to not control products with cryptographic the performance of the detector and the degrade. functionality limited to copy protection. sensors it was integrated into has been 6C005 (Synthetic crystalline ‘‘laser’’ 5E002 (‘‘Technology’’) is amended by surpassed by more modern Focal Plane host material in unfinished form) is adding a Note to clarify that ‘‘5E002 Array (FPA) developments. The word amended by removing 6C005.b includes ‘‘information security’’ ‘‘detector’’ is added before element. (Alexandrite) and reserving the technical data resulting from procedures ‘‘Element’’ is made plural. Capital paragraph, because Alexandrite lasers carried out to evaluate or determine the letters PR, I, T and E, are all replaced are tuneable from 700 to 800 nm and the implementation of functions, features or by lower case letters. majority of applications for alexandrite techniques specified in Category 5, Part 6A005 (‘‘Lasers’’ (Other Than Those lasers are for dermatology and hair 2’’. The purpose of this Note is to clarify Described in 0B001.g.5 or .h.6), removal. two things. First, that existing 5E002 Components and Optical Equipment) controls on ‘‘technology’’ includes Category 7—Navigation and Avionics Paragraphs a.2, a.3, b.2, and b.3 in the ‘‘information security’’ technical data 7A001 (Accelerometers) is amended that may be revealed or conveyed by the Items paragraph of the List of Items Controlled are amended by replacing by replacing the ‘‘bias’’ ‘‘repeatability’’ security evaluation of a product (e.g., for of less (better) than 5,000 micro g with government or commercial certification ‘‘520’’ with ‘‘510.’’ Frequency-doubled Yb:YAG lasers using second harmonic 1,250 micro g in paragraph a.2.a and purposes). Second, this Note is added to replacing the ‘‘scale factor’’ clarify that reverse engineering can be generation (SHG) emit green light at 515 nm. These lasers are increasingly being ‘‘repeatability’’ of less (better) than viewed as a form of product evaluation; 2,500 ppm with 1,250 ppm in paragraph consequently, 5E002 includes reverse used in commercial laser materials processing, replacing Nd:YAG lasers. a.2.b, because improvements in engineering data and reports that detail Microelectromechanical Systems the implementation of controlled Given the development of this application, it was determined (MEMS) technology have led to ‘‘information security’’ functions, availability of equivalent performance features or techniques by an item. appropriate to change the wavelength from ‘‘520’’ to ‘‘510’’ in 6A005.a.3 and accelerometers in commercial products, Category 6—Sensors and Lasers 6A005.b.3, to control Yb:YAG SHG as well as widespread foreign availability. 6A001 (Acoustic Systems, Equipment lasers at the same power level as and Components) Nd:YAG SHG lasers. The change to a.2 7D003 (‘‘Software’’) and b.2 accounts for the shift in 6A001.a.1.a.2 (Underwater survey wavelength in a.3 and b.3 so a gap in The License Exception STA equipment designed for seabed control was not created. As a result of ineligibility paragraph is amended by topographic mapping) is amended by this change the NP controls are removing the phrase ‘‘d.1 to d.4 or d.7’’ replacing ‘‘all’’ with ‘‘any’’ and expanded to include 6A005.a.3 and all because these controls have been moved cascading the parameters in order to add of b.3, instead of just b.3.a. 6A005.a.3 is to a new ECCN 7D004, and paragraph a new control for additional survey added to paragraph (d) of the License 7D003.d is removed and reserved by equipment identified in 6A001.a.1.a.2.b. Requirements Note, which outlines NP this rule. Specifically, these controls are Note that the parameters for the controls. moved to7D004.a to .g, with the previously controlled survey 6A005.a.6.a (Non-‘‘tunable’’ exception of 7D003.d.5 (Airborne equipment, now in 6A001.a.1.a.2.a, continuous wave ‘‘(CW) lasers’’) is automatic direction finding equipment). remain unchanged. amended by removing paragraphs 7D003.d.5 is removed and reserved as 6A001.a.1.a.2.b is added to control a.6.a.1 and a.6.a.2 to simplify the reflected in the new paragraph 7D004.e, underwater survey equipment not control text. The output power control because there was no reason for this specified by 6A001.a.1.a.2.a. A new level of 150 W is replaced with 200 W relatively rudimentary item to be Technical Note is added that states to adjust for technical advancements. identified separately from other acoustic sensor pressure rating navigation entries. Because the ‘‘source determines the depth rating in 6C004 (Optical Materials) code’’ in 7D003.d is already addressed 6A001.a.1.a.2. Additionally, the existing 6C004.b (Electro-optic materials and elsewhere more specifically, this entry Technical Note defining ‘sounding rate’ non-linear optical materials) and .c created a redundancy in controls and is is modified to specify 100% coverage. (Non-linear optical materials, other than removed. For more details about the 6A001.a.1.a.3 (Side Scan Sonar (SSS) those specified by 6C004.b) are redundancy see the preamble text for or Synthetic Aperture Sonar (SAS), amended in order to control new 7D004 below. designed for seabed imaging) is materials that can be used in military A Nota Bene (N.B.) is added to amended by adding an ‘along track applications. Advances in crystal reference the new location (7D004) for resolution’ parameter to a revised growth have facilitated the the control of 7D003.d source code.

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7D004 (‘‘Source code’’ incorporating technology for official use by personnel ‘‘development’’ of ‘‘software’’ controlled ‘‘development’’ ‘‘technology’’ specified and agencies of the U.S. Government. by 0D521 No. 2). by 7E004.a or 7E004.b) is added to the If your fly-by-wire software or 7E004.b (‘‘Development’’ CCL to control ‘‘source code’’ moved technology was controlled by 7D003 or ‘‘technology’’, as specified, for ‘‘active from 7D003.d. Previously, two sets of 7E001 and is now classified as 0D521 flight control systems’’ (including fly- technology controls addressed the flight No. 2 or 0E521 No. 6, then you do not by-wire or fly-by-light)) is amended to controls topic. The first was 7E001, the need to replace your existing licenses or more specifically list photonic GTN-based ‘‘development’’ technology classifications (CCATS), because it is technology of concern by providing controls relating to the 7D003 ‘‘source considered a ‘‘non-material’’ change descriptions to positively identify the code’’ entry. The second set of pursuant to Section 750.7(c)(1)(viii) of critical photonic functions in a fly-by- technology controls are under 7E004.a the EAR. If you were going to request an light system. and 7E004.b, which enumerate specific extension for licenses with these 7E004.b.1 is replaced, because the flight control technologies of concern. ECCNs, you may still request extensions technology for interconnecting multiple The existence of both sets of controls of these licenses instead of replacing microelectronic processing elements, created an obviously undesirable them because of this ECCN change. such as microprocessors, in order to redundancy. However, it was In order to maintain the more detailed speed up processing is now widely discovered that pertinent ‘‘source code’’ descriptions of the specific flight control available. In addition, active flight ‘‘software’’ and ‘‘technology’’ was topics covered by 7E004.a and 7E004.b, control solutions today can easily run in removed from control by the WA WA agreed to remove the 7E001 real-time on a single processor. agreement, which the U.S. will address reference to flight control ‘‘source 7E004.b.1 now controls fly-by-light with WA in future meetings to establish code’’. This modification is technology. Photonics-based flight appropriate multi-lateral national accomplished by moving 7D003.d to control systems, or ‘‘fly-by-light’’, are in security level controls. In the meantime, 7D004, and removing 7D004 from 7E001 development to provide a number of ‘‘source code’’ for the ‘‘development’’ of coverage. Reference language is added system-level benefits, including fly-by-wire control systems is added to to the new 7D004 that points to the tolerance of elevated Electro-Magnetic 0D521 No. 2. The following technology technology controls in 7E004.a and Interference (EMI) and reduced systems is added to 0E521 No. 6: ‘‘Technology’’ 7E004.b, as well as 0D521 No. 2 and volume and weight. for fly-by-wire control systems, as 0E521 No. 6 for fly-by-wire source code 7E004.b.2 is removed and reserved, follows: a. ‘‘Technology’’ according to and technology. because control law compensation the General Technology Note for the A new exclusion Note is added to technology as described at the general ‘‘development’’ of ‘‘software’’ controlled 7D004 that states that ‘‘7D004 does not level is now widely available. 7E004.b.3 is revised, because the by 0D521 No. 2; or b. ‘‘Development’’ apply to ‘‘source code’’ associated with former text for 7E004.b.3 dealt with ‘‘technology’’ for ‘‘active flight control common computer elements and fault detection, isolation, tolerance, and systems’’ for control law compensation utilities (e.g., input signal acquisition, resolution (i.e., ‘‘reconfiguration’’). The for sensor location or dynamic airframe output signal transmission, computer only technique implied by the text is loads, i.e., compensation for sensor program and data loading, built-in test, ‘‘redundancy’’, which was too broad vibration environment or for variation of task scheduling mechanisms) not and could encompass technology that is sensor location from the center of providing a specific flight control widely understood and employed. The gravity. (See Supplement No. 5 to part system function,’’ to clarify that the revised 7E004.b.3 text updates the fault 774.) There is a pending rule that adds scope of these entries is limited to flight detection and isolation aspects to a technology to 0E521 Nos. 2–5, therefore control system function. more appropriate characterization of the this rule reserves those paragraphs in 7E001 (‘‘Technology’’ According to the emerging technology for protection- the table. GTN for the ‘‘Development’’ of 7A, 7B predictive diagnosis. This technology or 7D) As described in the final rule that can determine the onset of a future established the 0Y521 series and that The Header is amended to specify the failure for more preemptive mitigation was published in the Federal Register three software ECCNs 7D001, 7D002, actions. on April 13, 2012 (77 FR 22191), items and 7D003, in order to remove the new 7E004.b.4 (‘‘active flight control are added to the 0Y521 series upon a 7D004 from the scope of 7E001, which system’’ technology) is revised, because determination by the Department of was created to control flight control it was outdated. The revised text links Commerce, with the concurrence of the ‘‘source code’’ in one place instead of in the real-time identification of Departments of Defense and State, that 7D003 and 7E001. The Related Controls component failures, and allows for the items should be controlled for paragraph is amended by adding a mitigation during degradations prior to export because the items provide at least reference to 0D521 No. 2 for ‘‘source full failure. These linked 7E004.b.3 and a significant military or intelligence code’’ for the ‘‘development’’ of fly-by- 7E004.b.4 updates better represent the advantage to the United States or foreign wire control systems and 0E521 No. 6 emerging state-of-the-art technologies policy reasons justify control. The for ‘‘technology’’ for the ‘‘development’’ with emphasis on preemption and ‘‘source code’’ for the ‘‘development’’ of of fly-by-wire control systems. See mitigation capabilities. fly-by-wire control systems in 0D521 explanation for the creation of 0D521 Note to 7E004.b.4 and Note to 7E004.b No. 2 and the fly-by-wire technology in No. 2 and 0E521 No. 6 under 7D004 in are added and the Note to 7E004.b.3 is 0E521 No. 6 is controlled for regional the preamble of this rule. revised to clarify that the scope of these stability (RS) Column 1 reasons. ECCN entries is limited to flight control system 7E004 (Other ‘‘technology’’) 0D521 and 0E521 items are subject to a function. The Note to 7E004.b.5 is nearly worldwide license requirement The Related Controls paragraph in the changed to conform to the WA text. (i.e., for every country except Canada) List of Items Controlled section is with a case-by-case license review amended to add references to 0D521 No. Category 9—Aerospace and Propulsion policy, through regional stability (RS 2 (‘‘source code’’ for the ‘‘development’’ 9A001 (Aero gas turbine engines) is Column 1) controls. Only License of fly-by-wire control systems), and amended by replacing the phrase Exception GOV is available for this 0E521 No. 6 (for ‘‘technology’’ for the ‘‘Participating State’’ with ‘‘Wassenaar

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Arrangement Participating State’’ in the Supplement No. 1 to Part 774 (the and that meet the newly added introductory text of paragraph .a and .b Commerce Control List), Supplement paragraph (b) of the Cryptography Note in Note 9A001.a of the Items paragraph No. 2 ‘‘General Technology and 3 in Category 5 Part 2 of the Commerce in the List of Items Controlled section, Software Notes’’ Control List in Supplement No. 1 to part because there is currently no definition The ‘‘General Software Note’’ (GSN) is 774, if you include these components in for this term in the EAR. However, it is amended by adding some provisions your self-classification report. understood that it refers to members of that align with what WA Participating Part 743 Special Reporting the Wassenaar Arrangement. States have already been doing. While WA implements the GSN as a decontrol WA has three levels of controls as 9A018 (Equipment on the Wassenaar note, the U.S. implements it as criteria reflected in its Basic List (BL), Sensitive Arrangement Munitions List) for License Exception TSU and a cross List (SL), and Very Sensitive List (VSL). reference to § 740.13 is included. BIS makes certain items on the WA BL ECCN 9A018 is amended by revising and SL eligible for license exceptions. the List of Items Controlled section. Additionally, paragraph 2 of the GSN that refers to ‘‘in the public domain,’’ is Because of the U.S. obligations under its 9A018.b is amended to implement the agreements to the WA, the United States WA agreements for 2012 to ML6 on the replaced with a reference to Section 734.3(b)(3) for regulations that set forth must report on SL items exported WA Munitions List. Paragraph 9A018.b outside of the WA membership is separated into two parts. 9A018.b.1 provisions for ‘‘publicly available technology and software.’’ countries. BIS does this by gathering covers ground transport vehicles Paragraph 3 of the GSN sets forth the data from its licensing database. To (including trailers) and parts and provision to cover minimum necessary collect data on exports made under components therefor designed and ‘‘software’’ for the installation, license exceptions, BIS requires WA modified for non-combat military use. operation, maintenance (checking) or reporting on SL items exported 9A018.b.2 is the modified portion of the repair of authorized equipment. It was (excluding deemed exports) under former 9A018.b, which covers other decided to add ‘‘object code’’ to make License Exceptions GBS, CIV, TSR, LVS, ground vehicles. Also, a Note is added sure that ‘‘source code’’ is not released APP, STA, and portions of GOV. As a to exclude vehicles for transporting by the GSN. Also a Note was included result of WA making changes to its SL, money or valuables. The revision to clarify that the minimum necessary this rule makes corresponding changes clarifies that ‘‘all-wheel drive’’ vehicles ‘‘object code’’ is not software that can to the reporting requirements of section have transmissions that supply drive to enhance or improve the performance of 743.1 of the EAR. the front and rear wheels an item or provide new features or The Note to Section 743.1(c)(1)(ii) is simultaneously even if the vehicle has functionality. The GSN does not apply simplified by combining the list of other wheels that provide no driving to ‘‘software’’ controlled by Category 5 software and technology that require force. The second change limits the Part 2 ‘‘Information Security,’’ instead a WA reporting under ECCNs 2D001, scope of the paragraph to vehicles with similar note addresses such ‘‘software’’ 2E001 and 2E002, as well as a gross vehicle weight rating greater in Note 3 to Category 5 Part 2 harmonizing these requirements with than 4,500 kilograms. The third change ‘‘Cryptography Note.’’ the changes made to the WA Sensitive List. replaces the term ‘‘capable of off road Supplement No. 5 to Part 774 (Items use’’ with the term ‘‘designed or Classified Under ECCNS 0A521, 0B521, Part 770 Interpretations modified for off road use.’’ The fourth 0C521, 0D521 AND 0E521) Section 770.2 is amended by revising change is that ‘‘components’’ are paragraph (h) ‘‘Ground Vehicles’’ to separated out from the vehicles and This rule revises section 0D521 and 0E521 of Supplement No. 5 to part 774 harmonize with changes WA made to placed in 9A018.b.2 with parameters. to add two new entries 0D521 No. 2 and ML 6. WA changed ML 6 to clarify the 9E003 (Other ‘‘Technology’’) 0E521 No. 6. The explanation for these scope of ML 6 by adding three specific additions is found under 7D004 in the parameter paragraphs to distinguish 9E003.a.5 (Cooled turbine blades, preamble of this rule. military vehicles from commercial vanes or ‘‘tip-shrouds’’) is amended by Supplement No. 1 to § 740.11 vehicles used for security. increasing the gas path temperature (Additional restrictions on use of license § 772.1 Definitions of Terms as Used from 1643K (1370 °C) to 1693 K (1420 Exception GOV) is amended by ° in the Export Administration C), because as the material removing the phrase ‘‘radio frequency Regulations (EAR) development for airfoils has reached a (RF) transmitting equipment’’ and steady state, increases in higher adding in its place ‘‘Counter Improvised The definition for ‘‘diffusion ‘‘combustor exit temperature’’ can only Explosive Device (IED) equipment and bonding’’ is amended by removing the come from advanced airfoil cooling. related equipment’’ in two places in word ‘‘molecular’’, replacing the phrase Taking note of the higher combustor exit paragraph (a)(1)(vii)(C) and in two ‘‘two separate metals’’ with ‘‘two temperature for 9E003.a.2 that was places in paragraph (b)(1)(vii)(C), separate pieces of metals’’, and adding implemented in 2012, it then follows to because the scope of 5A001.h is a phrase ‘‘wherein the principal increase the limiting temperatures for expanded to control more equipment. mechanism is interdiffusion of atoms across the interface’’ to the end of the cooled turbine blades, vanes and ‘‘tip- Part 742 (Control Policy—CCL Based shrouds’’ in 9E003.a.5. definition. It was inappropriate to use Controls) the term ‘‘molecular’’ in describing A Technical Note is added to define Section 742.15 (Encryption Items) is metallic bonds, because molecules do ‘gas path temperature’ as this term is amended by revising paragraph (d). This not exist in solid-state metals. In used in the newly revised 9E003.a.5 rule adds paragraph (d)(2) to grandfather addition, to achieve diffusion bonding, parameter. classification requests and encryption interdiffusion of at least two separate 9E003.h.3 is amended by replacing registrations submitted after June 15, atoms of metals across the interface the period with a semi-colon. 2010 for components that received a must occur. Then, through the diffusion classification of 5X002 § 742.17(b)(3) bonding, the atoms are joined into

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diffusion bonded metals (metallic Order 13222 as amended by Executive these burden estimates or any other bonds). Order 13637. aspect of these collections of The definition for ‘‘dynamic signal information, including suggestions for Saving Clause analyzers’’ is removed from § 772.1. The reducing the burden, to OMB Desk existing controls on Dynamic Signal Shipments of items removed from Officer, New Executive Office Building, Analyzers are commonly interpreted to license exception eligibility or eligibility Washington, DC 20503; and to Jasmeet require both phase and amplitude at the for export without a license as a result Seehra, OMB Desk Officer, by email at output. By deleting the concept of of this regulatory action that were on [email protected] or by ‘‘Dynamic Signal Analyzer’’ and dock for loading, on lighter, laden fax to (202) 395–7285; and to the Office replacing it with ‘‘Signal Analyzer’’ the aboard an exporting carrier, or en route of Administration, Bureau of Industry requirement that both phase and aboard a carrier to a port of export, on and Security, Department of Commerce, amplitude be in the output is removed. June 20, 2013, pursuant to actual orders 14th and Pennsylvania Avenue NW., The definition for ‘‘frequency mask for export to a foreign destination, may Room 6622, Washington, DC 20230. trigger’’ is added to define pulse proceed to that destination under the 3. This rule does not contain policies equipment (3A002.c.5) that allows the previous license exception eligibility or with Federalism implications as that detection and processing of unknown without a license so long as they have term is defined under Executive Order short duration, transient, sporadic, and been exported from the United States 13132. burst RF signals. before August 19, 2013. Any such items 4. The provisions of the The definition for ‘‘object code’’ is not actually exported before midnight, Administrative Procedure Act (5 U.S.C. amended by replacing ‘‘(Cat 9)’’ with on August 19, 2013, require a license in 553) requiring notice of proposed ‘‘(GSN)’’ because this term is not used accordance with this regulation. rulemaking, the opportunity for public participation, and a 30-day delay in in Cat 9 and it is now used in the Rulemaking Requirements General Software Note to make sure that effective date, are inapplicable because the GSN only covers object code and not 1. Executive Orders 13563 and 12866 this regulation involves a military and source code. direct agencies to assess all costs and foreign affairs function of the United The definition for ‘‘personal area benefits of available regulatory States (5 U.S.C. 553(a)(1)). Immediate network’’ is amended by adding the alternatives and, if regulation is implementation of these amendments phrase ‘‘and their nearby surrounding necessary, to select regulatory fulfills the United States’ international spaces’’ to harmonize with the range approaches that maximize net benefits obligation to the Wassenaar increase included in the 5A002 (including potential economic, Arrangement on Export Controls for exclusion Note .i limits (not exceeding environmental, public health and safety Conventional Arms and Dual-Use Goods 100 meters). effects, distributive impacts, and and Technologies. The Wassenaar The definition for ‘‘real-time equity). Executive Order 13563 Arrangement contributes to bandwidth’’ is revised to better define emphasizes the importance of international security and regional the concept of gap-free analysis of the quantifying both costs and benefits, of stability by promoting greater input data, and to assure that the scope reducing costs, of harmonizing rules, responsibility in transfers of of control remains focused on what and of promoting flexibility. This rule conventional arms and dual use goods ‘‘signal analyzers’’ was intended to has been designated to be a ‘‘significant and technologies, thus preventing control. regulatory action’’ although not destabilizing accumulations of such The definition for ‘‘space-qualified’’ is economically significant, under items. The Wassenaar Arrangement amended by removing the reference to Executive Order 12866. Accordingly, consists of 41 member countries that act Cat 8, because Cat 8 no longer has the rule has been reviewed by the Office on a consensus basis and the changes ‘‘space-qualified’’ equipment. The of Management and Budget. set forth in this rule implement revision of the text was to clarify the 2. Notwithstanding any other agreements reached at the December definition and close a loophole. provision of law, no person is required 2012 plenary session of the WA. The definition for ‘‘substrate blanks’’ to respond to, nor shall any person be Because the United States is a is amended by replacing ‘‘Cat 6’’ with subject to a penalty for failure to comply significant exporter of the items in this ‘‘Cat 3 and 6,’’ because this term is now with a collection of information subject rule, implementation of this provision is used in 3B001.h.1 to control multi-layer to the requirements of the Paperwork necessary for the WA to achieve its masks with a phase shift layer. Reduction Act of 1995 (44 U.S.C. 3501 purpose. Any delay in implementation et seq.) (PRA), unless that collection of will create a disruption in the Export Administration Act information displays a currently valid movement of affected items globally Since August 21, 2001, the Export Office of Management and Budget because of disharmony between export Administration Act of 1979, as (OMB) Control Number. This rule control measures implemented by WA amended, has been in lapse. However, involves two collections of information members, resulting in tension between the President, through Executive Order subject to the PRA. One of the member countries. Export controls work 13222 of August 17, 2001, 3 CFR, 2001 collections has been approved by OMB best when all countries implement the Comp., p. 783 (2002), as amended by under control number 0694–0088, same export controls in a timely Executive Order 13637 of March 8, ‘‘Multi-Purpose Application,’’ and manner. If this rulemaking were delayed 2013, 78 FR 16129 (March 13, 2013), carries a burden hour estimate of 58 to allow for notice and comment and a and as extended by the Notice of August minutes for a manual or electronic 30-day delay in effectiveness, it would 15, 2012, 77 FR 49699 (August 16, 2012) submission. The other of the collections prevent the United States from fulfilling has continued the EAR in effect under has been approved by OMB under its commitment to the WA in a timely the International Emergency Economic control number 0694–0106, ‘‘Reporting manner and would injure the credibility Powers Act (50 U.S.C. §§ 1701 et seq.). and Recordkeeping Requirements under of the United States in this and other BIS continues to carry out the the Wassenaar Arrangement,’’ and multilateral regimes. provisions of the Export Administration carries a burden hour estimate of 21 Further, no other law requires that a Act, as appropriate and to the extent minutes for a manual or electronic notice of proposed rulemaking and an permitted by law, pursuant to Executive submission. Send comments regarding opportunity for public comment be

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given for this final rule. Because a § 738.3 Commerce Country Chart § 740.11 [Amended] notice of proposed rulemaking and an structure. ■ 5. Supplement No. 1 to § 740.11 is opportunity for public comment are not (a) * * * amended by removing the phrase ‘‘radio required to be given for this rule under (1) ECCNs 0A983, 5A001.f.1, 5A980, frequency (RF) transmitting equipment’’ the Administrative Procedure Act or by 5D001 (for 5A001.f.1, or for 5E001.a (for and adding in its place ‘‘Counter any other law, the analytical 5A001.f.1 or for 5D001.a (for Improvised Explosive Device (IED) requirements of the Regulatory 5A001.f.1))), 5D980, 5E001.a (for equipment and related equipment’’ in Flexibility Act (5 U.S.C. 601 et seq.) are 5A001.f.1, or for 5D001.a (for two places in paragraph (a)(1)(vii)(C) not applicable. Therefore, this 5A001.f.1)) and 5E980. A license is and in two places in paragraph regulation is issued in final form. required for all destinations for items (b)(1)(vii)(C). Although there is no formal comment controlled under these entries. For items period, public comments on this PART 742 [AMENDED] controlled by 0A983, 5E001.a (for regulation are welcome on a continuing 5A001.f.1, or for 5D001.a (for basis. Comments should be submitted to ■ 6. The authority citation for Part 742 5A001.f.1)) and 5E980, no license Sharron Cook, Office of Exporter continues to read as follows: exceptions apply. For items controlled Services, Bureau of Industry and Authority: 50 U.S.C. app. 2401 et seq.; 50 by 5A001.f.1, 5A980, 5D001 (for Security, Department of Commerce, U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 5A001.f.1 or for 5E001.a (for 5A001.f.1, 14th and Pennsylvania Ave. NW., Room 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 or for 5D001.a (for 5A001.f.1))) and 2099, Washington, DC 20230. U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 5D980, License Exception GOV may Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, List of Subjects apply if your item is consigned to and 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, for the official use of an agency of the 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 15 CFR Part 738 U.S. Government (see § 740.2(a)(3)). If FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. Exports. your item is controlled by 0A983, 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 15 CFR Parts 740 and 752 Comp., p. 783; Presidential Determination or for 5E001.a (for 5A001.f.1, or for 2003–23 of May 7, 2003, 68 FR 26459, May Administrative practice and 5D001.a (for 5A001.f.1))), 5D980, 16, 2003; Notice of August 15, 2012, 77 FR procedure, Exports, Reporting and 5E001.a (for 5A001.f.1, or for 5D001.a 49699 (August 16, 2012); Notice of November recordkeeping requirements. (for 5A001.f.1)) or 5E980 you should 1, 2012, 77 FR 66513 (November 5, 2012). proceed directly to Part 748 of the EAR ■ 7. Section 742.13 is amended by 15 CFR Part 742 for license application instructions and revising paragraph (a)(1) to read as Exports, Terrorism. §§ 742.11 or 742.13 of the EAR for follows: information on the licensing policy 15 CFR Part 743 relevant to these types of applications. § 742.13 Communications intercepting devices; software and technology for Administrative practice and * * * * * communications intercepting devices. procedure, Reporting and recordkeeping PART 740 [AMENDED] (a) License requirement. (1) In support requirements. of U.S. foreign policy to prohibit the 15 CFR Parts 746 and 774 ■ 3. The authority citation for Part 740 export of items that may be used for the continues to read as follows: surreptitious interception of wire, oral, Exports, Reporting and recordkeeping or electronic communications, a license requirements. Authority: 50 U.S.C. app. 2401 et seq.; 50 is required for all destinations, U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; including Canada, for ECCNs having an 15 CFR Parts 770 and 772 E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ‘‘SL’’ under the ‘‘Reason for Control’’ Exports. Comp., p. 783; Notice of August 15, 2012, 77 paragraph. These items include any Accordingly, Parts 738, 740, 742, 743, FR 49699 (August 16, 2012). electronic, mechanical, or other device primarily useful for the surreptitious 746, 752, 770, 772, and 774 of the ■ 4. Section 740.2 is amended by Export Administration Regulations (15 interception of wire, oral, or electronic revising paragraph (a)(3) to read as communications (ECCNs 5A001.f.1 and CFR parts 730–774) are amended as follows: follows: 5A980); and for related ‘‘software’’ § 740.2 Restrictions on all License primarily useful for the surreptitious PART 738 [AMENDED] Exceptions. interception of wire, oral, or electronic communications (ECCN 5D001.c and (a) * * * ■ 1. The authority citation for Part 738 5D980.a); and ‘‘software’’ primarily continues to read as follows: (3) The item is primarily useful for useful for the ‘‘development’’, surreptitious interception of wire, oral, ‘‘production’’, or ‘‘use’’ of devices Authority: 50 U.S.C. app. 2401 et seq.; 50 or electronic communications, or related U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. controlled under ECCNs 5A001.f.1 and 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et software, controlled under ECCNs 5A980 (ECCNs 5D001.a and 5D980.b); seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 5A001.,f.1 5A980, 5D001 (for 5A001.f.1 and for ‘‘technology’’ primarily useful 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. or for 5E001.a (for 5A001.f.1, or for for the ‘‘development’’, ‘‘production’’, or 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 5D001.a (for 5A001.f.1))), or 5D980, ‘‘use’’ of items controlled by ECCNs U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. unless the item is consigned to and for 5A001.f.1, 5D001.a (for 5A001.f.1), 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. the official use of an agency of the U.S. 5A980 and 5D980 (ECCNs 5E001.a and 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Government (see § 740.11(b)(2)(ii) of 5E980); and for ‘‘software’’ primarily Comp., p. 783; Notice of August 15, 2012, 77 this part, Governments (GOV)). No FR 49699 (August 16, 2012). useful to support such ECCN 5E001.a license exceptions apply for 5E001.a (for ‘‘development’’, ‘‘production’’, or ‘‘use’’ ■ 2. Section 738.3 is amended by 5A001.f.1, or for 5D001.a (for ‘‘technology’’ for 5A001.f.1 equipment revising paragraph (a)(1) to read as 5A001.f.1)) or for 5E980. and certain 5D001.a ‘‘software’’ (ECCN follows: * * * * * 5D001.b). These licensing requirements

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do not supersede the requirements ■ 10. Section 743.1 is amended by ■ 12. Section 746.7 is amended by contained in the Omnibus Crime revising the Note to paragraph (c)(1)(ii) revising paragraph (a)(1) to read as Control and Safe Streets Act of 1968, as to read as follows: follows: amended (18 U.S.C. 2512). This license requirement is not reflected on the § 743.1 Wassenaar Arrangement. § 746.7 Iran. Commerce Country Chart (Supplement * * * * * * * * * * No. 1 to Part 738 of the EAR). (c) * * * (a) License Requirements—(1) EAR * * * * * license requirements. A license is (1) * * * required under the EAR to export or ■ 8. Section 742.15 is amended by (ii) * * * reexport to Iran any item on the CCL revising paragraph (d) to read as Note to Paragraph (c)(1)(ii): Reports for containing a CB Column 1, CB Column follows: 2D001, 2E001 and 2E002 are for equipment 2, CB Column 3, NP Column 1, NP as follows: Column 2, NS Column 1, NS Column 2, § 742.15 Encryption items. a. Machine tools for turning having all of MT Column 1, RS Column 1, RS * * * * * the following: Column 2, CC Column 1, CC Column 2, (d) Grandfathering. (1) For mass 1. Positioning accuracy with ‘‘all CC Column 3, AT Column 1 or AT market encryption commodities, compensations available’’ equal to or less Column 2 in the Country Chart Column (better) than 3 mm according to ISO 230/2 of the License Requirements section of software and components described in (2006) or national equivalents along one or (or otherwise meeting the specifications more linear axis; and an ECCN or classified under ECCNs of) paragraph (b) of this section effective 2. Two or more axes which can be 0A980, 0A982, 0A983, 0A985, 0E982, June 25, 2010, such items reviewed and coordinated simultaneously for ‘‘contouring 1C355, 1C395, 1C980, 1C981, 1C982, classified by BIS as mass market control’’. 1C983, 1C984, 2A994, 2D994, 2E994, products prior to June 25, 2010 are b. Machine tools for milling having any of 5A001.f.1, 5A980, 5D001 (for authorized for export and reexport the following: 5A001.f.1or for 5E001.a (for 5A001.f.1, under paragraph (b) of this section using 1. Having all of the following: or for 5D001.a (for 5A001.f.1))), 5D980, the CCATS previously issued by BIS, i. Positioning accuracy with ‘‘all 5E001.a (for 5A001.f.1, or for 5D001.a compensations available’’ equal to or less (for 5A001.f.1)) or 5E980. without any encryption registration (i.e., (better) than 3 mm according to ISO 230/2 the information described in (2006) or national equivalents along one or * * * * * Supplement No. 5 to this part), new more linear axis; and classification by BIS, or self- ii. Three linear axes plus one rotary axis PART 752 [AMENDED] classification reporting (i.e., the which can be coordinated simultaneously for ■ 13. The authority citation for Part 752 information described in Supplement ‘‘contouring control’’; continues to read as follows: No. 8 to this part), provided the 2. Specified by 2B001.b.2.a, 2B001.b.2.b or cryptographic functionality of the item 2B001.b.2.c and having a positioning Authority: 50 U.S.C. app. 2401 et seq.; 50 has not changed. See paragraph accuracy with ‘‘all compensations available’’ U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, equal to or less (better) than 3 mm according (b)(7)(i)(C) of this section regarding 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 to ISO 230/2 (2006) or national equivalents FR 44025, 3 CFR, 2001 Comp., p. 783; Notice changes in encryption functionality along one or more linear axis; or of August 15, 2012, 77 FR 49699 (August 16, following a previous classification. 3. A positioning accuracy for jig boring 2012). machines, with ‘‘all compensations (2) If you have components that meet ■ 14. Section 752.3 is amended by paragraph (b) of the Cryptography Note available’’, equal to or less (better) than 3 mm according to ISO 230/2 (2006) or national revising paragraph (a)(7) to read as 3 in Category 5 Part 2 of the Commerce equivalents along one or more linear axis; follows: Control List in Supplement No. 1 to part c. Electrical discharge machines (EDM) as 774 and the components have specified in 2B001.d. § 752.3 Eligible items. previously been classified under ECCN d. Deep-hole-drilling machines as specified (a) * * * 5X002 pursuant to § 740.17(b)(3) or self- in 2B001.f. (7) Communications intercepting classified under § 740.17(b)(1) after June e. ‘‘Numerically controlled’’ or manual devices and related software and 25, 2010, a new classification request is machine tools as specified in 2B003. technology controlled by ECCNs not required to make it eligible for * * * * * 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 paragraph (b) to Note 3 under or for 5E001.a (for 5A001.f.1, or for § 742.15(b)(3), i.e., 5X992, if you include PART 746 [AMENDED] 5D001.a (for 5A001.f.1))), 5D980, these components in your self- 5E001.a (for 5A001.f.1, or for 5D001.a classification report submitted to BIS ■ 11. The authority citation for Part 746 (for 5A001.f.1)) or 5E980 on the CCL; and the ENC Encryption Request continues to read as follows: * * * * * Coordinator no later than February 1 Authority: 50 U.S.C. app. 2401 et seq.; 50 following the calendar year in which U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, PART 770 [AMENDED] you first export or reexport the Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; ■ reclassified components. 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 15. The authority citation for Part 770 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. continues to read as follows: PART 743 [AMENDED] 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Authority: 50 U.S.C. app. 2401 et seq.; 50 Comp., p. 899; E.O. 13222, 3 CFR, 2001 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, ■ 9. The authority citation for part 743 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 3 CFR, 2001 Comp., p. 783; Notice of August is revised to read as follows: CFR, 2004 Comp., p 168; Presidential 15, 2012, 77 FR 49699 (August 16, 2012). Determination 2003–23 of May 7, 2003, 68 ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 FR 26459, May 16, 2003; Presidential 16. Section 770.2 is amended by U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, Determination 2007–7 of December 7, 2006, revising paragraph (h) to read as 3 CFR, 2001 Comp., p. 783; E.O. 13637 of 72 FR 1899 (January 16, 2007); Notice of May follows: March 8, 2013, 78 FR 16129 (March 13, 9, 2012, 77 FR 27559 (May 10, 2012); Notice 2013); Notice of August 15, 2012, 77 FR of August 15, 2012, 77 FR 49699 (August 16, § 770.2 Item Interpretations. 49699 (August 16, 2012). 2012). * * * * *

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(h) Interpretation 8: Ground vehicles. described in 22 CFR part 121, Category devices’ to communicate directly with (1) The U.S. Department of Commerce, VII. The Department of State, each other; and Bureau of Industry and Security has Directorate of Defense Trade Controls (b) Is confined to the communication export licensing jurisdiction over also has export licensing jurisdiction for between devices within the immediate ground transport vehicles (including all-wheel drive vehicles capable of off- vicinity of an individual person or trailers), parts, and components therefor road use that have been armed or device controller (e.g., single room, specially designed or modified for non- armored with articles described in 22 office, or automobile, and their nearby combat military use. Vehicles in this CFR part 121 or that have been surrounding spaces). category are primarily transport vehicles manufactured or fitted with special Technical Note: ‘Data device’ means designed or modified for transporting reinforcements for mounting arms or equipment capable of transmitting or cargo, personnel and/or equipment, or other specialized military equipment receiving sequences of digital information. to move other vehicles and equipment described in 22 CFR part 121. over land and roads in close support of * * * * * * * * * * fighting vehicles and troops. The U.S. Real time bandwidth. (Cat 3)—For Department of Commerce, Bureau of PART 772 [AMENDED] ‘‘signal analyzers’’, the widest frequency Industry and Security also has export range for which the analyzer can ■ licensing jurisdiction over vehicles 17. The authority citation for part 772 continuously transform time domain specified in 9A018.b.2, if they do not continues to read as follows: data entirely into frequency-domain have armor described in 22 CFR 121, Authority: 50 U.S.C. app. 2401 et seq.; 50 results, using Fourier or other discrete Category XIII. In this section, and in U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, time transform that processes every ECCN 9A018, the word ‘‘unarmed’’ 3 CFR, 2001 Comp., p. 783; Notice of August incoming time point without gaps or means not having weapons installed, 15, 2012, 77 FR 49699 (August 16, 2012). windowing effects that causes a not having mountings for weapons ■ 18. Section 772.1 is amended by: reduction of measured amplitude of installed, and not having special ■ a. Revising the definitions for more than 3 dB below the actual signal reinforcements for mountings for ‘‘diffusion bonding,’’ ‘‘personal area amplitude, while outputting or weapons. network,’’ ‘‘real-time bandwidth,’’ displaying the transformed data. (2) Modification of a ground vehicle ‘‘space-qualified’’; * * * * * for military use entails a structural, ■ b. Removing the definition ‘‘dynamic electrical or mechanical change signal analyzers;’’ Space-qualified. (Cat 3 and 6)— involving one or more specially ■ c. Adding a definition for ‘‘frequency Designed, manufactured, or qualified designed military components. Such mask trigger’’; through successful testing, for operation components include, but are not limited ■ d. Removing ‘‘(Cat 9)’’ and adding in at altitudes greater than 100 km above to: its place ‘‘(GSN)’’ in the definition of the surface of the Earth. (i) Pneumatic tire casings of a kind ‘‘object code;’’ and Note: A determination that a specific item designed to be bullet-proof or to run ■ e. Removing ‘‘(Cat 6)’’ and adding in is ‘‘space qualified’’ by virtue of testing does when deflated; its place ‘‘(Cat 3 and 6)’’ in the not mean that other items in the same (ii) Tire inflation pressure control definition of ‘‘substrate blanks’’. production run or model series are ‘‘space systems, operated from inside a moving The revisions and addition read as qualified’’ if not individually tested. vehicle; follows: * * * * * (iii) Armored protection of vital parts, § 772.1 Definitions of terms as used in the (e.g., fuel tanks or vehicle cabs); and Export Administration Regulations (EAR). PART 774 [AMENDED] (iv) Special reinforcements for mountings for weapons. * * * * * ■ 19. The authority citation for Part 774 (3) Scope of ECCN 9A018.b: Ground Diffusion bonding. (Cat 1, 2, and 9)— continues to read as follows: transport vehicles (including trailers) A solid state joining of at least two separate pieces of metals into a single Authority: 50 U.S.C. app. 2401 et seq.; 50 and parts and components therefor U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. specially designed or modified for non- piece with a joint strength equivalent to 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et combat military use are controlled by that of the weakest material, wherein seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); ECCN 9A018.b.1. Unarmed vehicles the principal mechanism is 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. specified in 9A018.b.2 that are not interdiffusion of atoms across the 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 described in paragraph (h)(4) of this interface. U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. section. ECCN 9A018.b does not cover * * * * * 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 civil vehicles designed or modified for Frequency mask trigger. (Cat 3)—For ‘‘signal analyzers’’ a mechanism where Comp., p. 783; Notice of August 15, 2012, 77 transporting money or valuables even if FR 49699 (August 16, 2012). the trigger function is able to select a such vehicles incorporate items ■ 20. In Supplement No. 1 to Part 774 frequency range to be triggered on as a described in paragraphs (h)(2)(i), (ii), or (the Commerce Control List), Category 1, subset of the acquisition bandwidth (iii) of this section. Ground vehicles that ECCN 1A004 is amended by: are not described in paragraph (h)(4) of while ignoring other signals that may ■ a. Revising the introductory paragraph this section and that are not covered by also be present within the same .a of the Items paragraph in the List of either ECCN 9A018.b or 9A990 are acquisition bandwidth. A ‘‘frequency Items Controlled section; and EAR99, meaning that they are subject to mask trigger’’ may contain more than ■ the EAR, but not listed in any specific one independent set of limits. b. Revising the Note at the end of the ECCN. * * * * * Items paragraph in the List of Items (4) Related control: The Department of Personal area network. (Cat 5 Part Controlled section, to read as follows: State, Directorate of Defense Trade 2)—A data communication system Supplement No. 1 to Part 774—The Controls has export licensing having all of the following Commerce Control List jurisdiction for all military ground characteristics: * * * * * armed or armored vehicles and parts (a) Allows an arbitrary number of 1A004 Protective and detection equipment and components specific thereto as independent or interconnected ‘data and components, not specially designed

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for military use, as follows (see List of Technical Note: ‘Bulk electrical (better) than 4.5 mm according to ISO 230/2 Items Controlled). conductivity’ and ‘sheet (surface) resistivity’ (2006) or national equivalents along one or * * * * * should be determined using ASTM D–257 or more linear axis with a travel length equal to national equivalents. or greater than 1 m and less than 2 m; List of Items Controlled ■ 22. In Supplement No. 1 to Part 774 b.2.c. Positioning accuracy with ‘‘all compensations available’’ equal to or less * * * * * (the Commerce Control List), Category 2, Items: (better) than 4.5 + 7x(L–2) mm (L is the travel ECCN 2B001 is amended by: length in meters) according to ISO 230/2 a. Full face masks, filter canisters and ■ a. Revising the Header; (2006) or national equivalents along one or decontamination equipment therefor, ■ b. Revising the Unit paragraph in the designed or modified for defense against any more linear axis with a travel length equal to List of Items Controlled section; or greater than 2 m; or of the following, and specially designed ■ components therefor: c. Revising Note 2 of the Items b.2.d. Being a ‘parallel mechanism Note: 1A004.a includes Powered Air paragraph in the List of Items Controlled machine tool’; Purifying Respirators (PAPR) that are section; Technical Note: A ‘parallel mechanism designed or modified for defense against ■ d. Revising paragraphs .a.1, .b, and .f machine tool’ is a machine tool having agents or materials, listed in 1A004.a. in the Items paragraph in the List of multiple rods which are linked with a Technical Note: For the purpose of Items Controlled section, to read as platform and actuators; each of the actuators 1A004.a, full face masks are also known as follows: operates the respective rod simultaneously gas masks. and independently. 2B001 Machine tools and any combination b.3. A positioning accuracy for jig boring * * * * * thereof, for removing (or cutting) metals, Note: 1A004 does not control: machines, with ‘‘all compensations ceramics or ‘‘composites’’, which, available’’, equal to or less (better) than 3.0 a. Personal radiation monitoring according to the manufacturer’s dosimeters; mm according to ISO 230/2 (2006) or national technical specifications, can be equivalents along one or more linear axis; or b. Occupational health or safety equipment equipped with electronic devices for limited by design or function to protect b.4. Fly cutting machines having all of the ‘‘numerical control’’; as follows (see List following: against hazards specific to residential safety of Items Controlled). or civil industries, including: b.4.a. Spindle ‘‘run-out’’ and ‘‘camming’’ 1. Mining; * * * * * less (better) than 0.0004 mm TIR; and b.4.b. Angular deviation of slide movement 2. Quarrying; List of Items Controlled 3. Agriculture; (yaw, pitch and roll) less (better) than 2 4. Pharmaceutical; Unit: Machine tools in number seconds of arc, TIR, over 300 mm of travel; 5. Medical; Related Controls: *** * * * * * 6. Veterinary; Related Definitions: *** f. Deep-hole-drilling machines and turning 7. Environmental; Items: machines modified for deep-hole-drilling, 8. Waste management; * * * * * having a maximum depth-of-bore capability 9. Food industry. Note 2: 2B001 does not control special exceeding 5 m. * * * * * purpose machine tools limited to the ■ 21. In Supplement No. 1 to Part 774 manufacture of any of the following: ■ 23. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1, a. Crank shafts or cam shafts; (the Commerce Control List), Category 2, b. Tools or cutters; ECCN 2B006 is amended by revising ECCN 1C001 is amended by revising c. Extruder worms; paragraphs .b and .c in the Items paragraph .b and .c in the Items d. Engraved or faceted jewelry parts; or paragraph of the List of Items Controlled paragraph of the List of Items Controlled e. Dental prostheses. section, to read as follows: section to read as follows: * * * * * 1C001 Materials specially designed for use a. * * * 2B006 Dimensional inspection or as absorbers of electromagnetic waves, a.1. Positioning accuracy with ‘‘all measuring systems, equipment, and or intrinsically conductive polymers, as compensations available’’ equal to or less ‘‘electronic assemblies’’, as follows (see follows (see List of Items Controlled). (better) than 3.0 mm according to ISO 230/2 List of Items Controlled). * * * * * (2006) or national equivalents along one or * * * * * more linear axis; and List of Items Controlled List of Items Controlled * * * * * * * * * * b. Machine tools for milling having any of * * * * * Items: the following: Items: * * * * * b.1. Having all of the following: * * * * * b. Materials for absorbing frequencies b.1.a. Positioning accuracy with ‘‘all b. Linear and angular displacement exceeding 1.5 × 1014 Hz but less than 3.7 × compensations available’’ equal to or less measuring instruments, as follows: 1014 Hz and not transparent to visible light; (better) than 3 mm according to ISO 230/2 b.1. ‘Linear displacement’ measuring Note: 1C001.b does not apply to materials, (2006) or national equivalents along one or instruments having any of the following: specially designed or formulated for any of more linear axis; and Note: Displacement measuring ‘‘laser’’ the following applications: b.1.b. Three linear axes plus one rotary axis interferometers are only specified by a. Laser marking of polymers; or which can be coordinated simultaneously for 2B006.b.1.c. b. Laser welding of polymers. ‘‘contouring control’’; Technical Note: For the purpose of c. Intrinsically conductive polymeric b.2. Five or more axes which can be 2B006.b.1 ‘linear displacement’ means the materials with a ‘bulk electrical conductivity’ coordinated simultaneously for ‘‘contouring change of distance between the measuring exceeding 10,000 S/m (Siemens per meter) or control’’ having any of the following: probe and the measured object. a ‘sheet (surface) resistivity’ of less than 100 Note: ‘Parallel mechanism machine tools’ b.1.a. Non-contact type measuring systems ohms/square, based on any of the following are specified by 2B001.b.2.d. with a ‘‘resolution’’ equal to or less (better) polymers: b.2.a. Positioning accuracy with ‘‘all than 0.2 mm within a measuring range up to c.1. Polyaniline; compensations available’’ equal to or less 0.2 mm; c.2. Polypyrrole; (better) than 3.0 mm according to ISO 230/2 b.1.b. Linear voltage differential c.3. Polythiophene; (2006) or national equivalents along one or transformer systems having all of the c.4. Poly phenylene-vinylene; or more linear axis with a travel length less than following: c.5. Poly thienylene-vinylene. 1 m; b.1.b.1. ‘‘Linearity’’ equal to or less (better) Note: 1C001.c does not apply to materials b.2.b. Positioning accuracy with ‘‘all than 0.1% within a measuring range up to 5 in a liquid form. compensations available’’ equal to or less mm; and

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b.1.b.2. Drift equal to or less (better) than 2D002 ‘‘Software’’ for electronic devices, List of Items Controlled 0.1% per day at a standard ambient test room even when residing in an electronic ± * * * * * temperature 1 K; device or system, enabling such devices Items: b.1.c. Measuring systems having all of the or systems to function as a ‘‘numerical a. * * * following: control’’ unit, capable of coordinating a.7. ‘Field programmable logic devices’ b.1.c.1. Containing a ‘‘laser’’; and simultaneously more than 4 axes for having any of the following: b.1.c.2. Maintaining, for at least 12 hours, ‘‘contouring control’’. a.7.a. A maximum number of single-ended at a temperature of 20 ± 1 °C, all of the * * * * * digital input/outputs of 500 or greater; or following: a.7.b. An ‘aggregate one-way peak serial b.1.c.2.a. A ‘‘resolution’’ over their full List of Items Controlled transceiver data rate’ or 200 Gb/s or greater; scale of 0.1 mm or less (better); and b.1.c.2.b. Capable of achieving a * * * * * Note: 3A001.a.7 includes: ‘‘measurement uncertainty’’, when Items: —Simple Programmable Logic Devices compensated for the refractive index of air, Note 1: 2D002 does not control ‘‘software’’ (SPLDs) equal to or less (better) than (0.2 + L/2,000) specially designed or modified for the —Complex Programmable Logic Devices mm (L is the measured length in mm); or operation of machine tools not specified by (CPLDs) b.1.d. ‘‘Electronic assemblies’’ specially Category 2. —Field Programmable Gate Arrays (FPGAs) designed to provide feedback capability in Note 2: 2D002 does not control ‘‘software’’ —Field Programmable Logic Arrays (FPLAs) systems controlled by 2B006.b.1.c; for items specified by 2B002. See 2D001 and —Field Programmable Interconnects (FPICs) Note: 2B006.b.1 does not control 2D003 for ‘‘software’’ for items specified by Technical Notes: measuring interferometer systems, with an 2B002. 1. ‘Field programmable logic devices’ are automatic control system that is designed to Note 3: 2D002 does not apply to ‘‘software’’ also known as field programmable gate or use no feedback techniques, containing a that is exported with, and the minimum field programmable logic arrays. ‘‘laser’’ to measure slide movement errors of necessary for the operation of, machine tools 2. Maximum number of digital input/ machine-tools, dimensional inspection not specified by Category 2. outputs in 3A001.a.7.a is also referred to as machines or similar equipment. The list of items controlled is contained in maximum user input/outputs or maximum b.2. Angular displacement measuring the ECCN heading. available input/outputs, whether the instruments having an ‘‘angular position integrated circuit is packaged or bare die. deviation’’ equal to or less (better) than ■ 26. In Supplement No. 1 to Part 774 3. ‘Aggregate one-way peak serial ° 0.00025 ; (the Commerce Control List), Category 2, transceiver data rate’ is the product of the Note: 2B006.b.2 does not control optical ECCN 2D003 is added after 2D002 to peak serial one-way transceiver data rate instruments, such as autocollimators, using read as follows: times the number of transceivers on the collimated light (e.g., laser light) to detect FPGA. angular displacement of a mirror. 2D003 ‘‘Software’’, designed or modified c. Equipment for measuring surface for the operation of equipment specified * * * * * roughness (including surface defects), by by 2B002, that converts optical design, b. * * * measuring optical scatter with a sensitivity of workpiece measurements and material b.2. Microwave ‘‘Monolithic Integrated 0.5 nm or less (better). removal functions into ‘‘numerical Circuits’’ (MMIC) power amplifiers having Note: 2B006 includes machine tools, other control’’ commands to achieve the any of the following: b.2.a. Rated for operation at frequencies than those specified by 2B001, that can be desired workpiece form. used as measuring machines, if they meet or exceeding 3.2 GHz up to and including 6.8 exceed the criteria specified for the License Requirements GHz and with an average output power measuring machine function. Reason for Control: NS, AT greater than 4W (36 dBm) with a ‘‘fractional bandwidth’’ greater than 15%; ■ 24. In Supplement No. 1 to Part 774 Control(s) Country chart b.2.b. Rated for operation at frequencies (the Commerce Control List), Category 2, exceeding 6.8 GHz up to and including 16 ECCN 2D001 is amended by revising the NS applies to entire NS Column 2. GHz and with an average output power Heading and the Items paragraph of the entry. greater than 1W (30 dBm) with a ‘‘fractional List of Items Controlled section, to read AT applies to entire AT Column 1. bandwidth’’ greater than 10%; as follows: entry. b.2.c. Rated for operation at frequencies exceeding 16 GHz up to and including 31.8 2D001 ‘‘Software’’, other than that License Exceptions GHz and with an average output power controlled by 2D002, as follows (See list greater than 0.8W (29 dBm) with a ‘‘fractional of Items Controlled). CIV: N/A TSR: Yes bandwidth’’ greater than 10%; * * * * * b.2.d. Rated for operation at frequencies List of Items Controlled exceeding 31.8 GHz up to and including 37 List of Items Controlled GHz and with an average output power Unit: $ value ¥ * * * * * Related Controls: See ECCN 2E001 greater than 0.1 nW ( 70 dBm); Items: (‘‘development’’) for technology for b.2.e. Rated for operation at frequencies a. ‘‘Software’’ specially designed or ‘‘software’’ controlled under this entry. exceeding 37 GHz up to and including 43.5 GHz and with an average output power modified for the ‘‘development’’ or Related Definitions: N/A greater than 1.0 W (30 dBm) ; ‘‘production’’ of equipment controlled by Items: The list of items controlled is b.2.f. Rated for operation at frequencies 2A001 or 2B001 to 2B009; contained in the ECCN heading. b. ‘‘Software’’ specially designed or exceeding 43.5 GHz up to and including 75 modified for the ‘‘use’’ of equipment ■ 27. In Supplement No. 1 to Part 774 GHz and with an average output power greater than 31.62 mW (15 dBm) with a specified by 2A001.c., 2B001, or 2B003 to (the Commerce Control List), Category 3, 2B009. ‘‘fractional bandwidth’’ greater than 10%; Note: 2D001 does not apply to part ECCN 3A001 is amended by revising b.2.g. Rated for operation at frequencies programming ‘‘software’’ that generates paragraphs a.7, b.2, b.4.f.3, b.10, and exceeding 75 GHz up to and including 90 ‘‘numerical control’’ codes for machining b.11 in the Items paragraph of the List GHz and with an average output power various parts. of Items Controlled section, to read as greater than 10 mW (10 dBm) with a ■ follows: ‘‘fractional bandwidth’’ greater than 5%; or 25. In Supplement No. 1 to Part 774 b.2.h. Rated for operation at frequencies (the Commerce Control List), Category 2, 3A001 Electronic components and exceeding 90 GHz and with an average ECCN 2D002 is amended by revising the specially designed components therefor, output power greater than 0.1 nW (¥70 Items paragraph of the List of Items as follows (see List of Items Controlled). dBm). Controlled section to read as follows: * * * * * Note 1: [RESERVED]

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Note 2: The control status of the MMIC b.11.g. Less than 1 ms within the d.1.a. ‘Pulse duration’ of less than 100 ns; whose rated operating frequency includes synthesized frequency range exceeding 75 and frequencies listed in more than one frequency GHz; d.1.b. On/off ratio equal to or exceeding 65 range, as defined by 3A001.b.2.a through N.B.: For general purpose ‘‘signal dB; 3A001.b.2.f, is determined by the lowest analyzers’’, signal generators, network d.2. An output power exceeding 100 mW average output power control threshold. analyzers and microwave test receivers, see (20 dBm) anywhere within the synthesized Note 3: Notes 1 and 2 following the 3A002.c, 3A002.d, 3A002.e and 3A002.f, frequency range exceeding 43.5 GHz but not Category 3 heading for product group A. respectively. exceeding 75 GHz; Systems, Equipment, and Components mean * * * * * d.3. A ‘‘frequency switching time’’ as that 3A001.b.2 does not control MMICs if specified by any of the following: they are specially designed for other ■ 28. In Supplement No. 1 to Part 774 d.3.a. [RESERVED]; applications, e.g., telecommunications, (the Commerce Control List), Category 3, d.3.b. Less than 100 ms for any frequency radar, automobiles. ECCN 3A002 is amended by revising change exceeding 1.6 GHz within the * * * * * paragraphs .c, .d, .e, and .f in the Items synthesized frequency range exceeding 4.8 b.4. * * * GHz but not exceeding 10.6 GHz; paragraph of the List of Items Controlled m b.4.f. * * * d.3.c. Less than 250 s for any frequency section, to read as follows: change exceeding 550 MHz within the b.4.f.3. Any two sides perpendicular to one synthesized frequency range exceeding 10.6 another with either length d (in cm) equal to 3A002 General purpose electronic GHz but not exceeding 31.8 GHz; or less than 15 divided by the lowest equipment and accessories therefor, as d.3.d. Less than 500 ms for any frequency operating frequency in GHz [d ≤ 15 cm*GHz/ follows (see List of Items Controlled). change exceeding 550 MHz within the f ]; GHz * * * * * synthesized frequency range exceeding 31.8 Technical Note: 3.2 GHz should be used as List of Items Controlled GHz but not exceeding 43.5 GHz; the lowest operating frequency (fGHz) in the d.3.e. Less than 1 ms for any frequency formula in 3A001.b.4.f.3., for amplifiers that * * * * * change exceeding 550 MHz within the Items: have a rated operation range extending synthesized frequency range exceeding 43.5 downward to 3.2 GHz and below ≤ * * * * * GHz but not exceeding 56 GHz; or [d 15cm*GHz/3.2 GHz]. c. Radio-frequency ‘‘signal analyzers’’ as d.3.f. Less than 1 ms for any frequency N.B.: MMIC power amplifiers should be follows: change exceeding 2.2 GHz within the evaluated against the criteria in 3A001.b.2. c.1. ‘‘Signal analyzers’’ having a 3 dB synthesized frequency range exceeding 56 Note 1: [RESERVED] resolution bandwidth (RBW) exceeding 10 GHz but not exceeding 75 GHz; Note 2: The control status of an item whose MHz anywhere within the frequency range d.4. Single sideband (SSB) phase noise, in rated operating frequency includes exceeding 31.8 GHz but not exceeding 37.5 dBc/Hz, specified as being all of the frequencies listed in more than one frequency GHz; following: range, as defined by 3A001.b.4.a through c.2. ‘‘Signal analyzers’’ having Displayed d.4.a. Less (better) than—(126+20 log10 F– 3A001.b.4.e, is determined by the lowest Average Noise Level (DANL) less (better) 20 log10f) for anywhere within the range of average output power control threshold. than –150 dBm/Hz anywhere within the 10 Hz F<10 kHz anywhere within the Note 3: 3A001.b.4 includes transmit/ frequency range exceeding 43.5 GHz but not synthesized frequency range exceeding 3.2 receive modules and transmit modules. exceeding 75 GHz; GHz but not exceeding 75 GHz; and * * * * * c.3. ‘‘Signal analyzers’’having a frequency d.4.b. Less (better) than—(114+20 log10 F– b.10. Oscillators or oscillator assemblies, exceeding 75 GHz; 20 log10f) for anywhere within the range of specified to operate with all of the following: c.4. ‘‘Signal analyzers’’ having all of the 10 kHz F< 500 kHz anywhere within the b.10.a. A single sideband (SSB) phase following: synthesized frequency range exceeding 3.2 noise, in dBc/Hz, better than ¥(126+20 c.4.a. ‘‘Real-time bandwidth’’ exceeding 85 GHz but not exceeding 75 GHz; or log10F–20 log10f) anywhere within the range MHz; and Technical Note: In 3A002.d.4, F is the of 10 Hz

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frequency range exceeding 75 GHz but not h.1. Made on a mask ‘‘substrate blank’’ controlled by 4A001, 4A003, 4A004, or 4D exceeding 110 GHz; from glass specified as having less than 7 (except 4D980, 4D993 or 4D994). e.3. ‘Nonlinear vector measurement nm/cm birefringence; or * * * * * functionality’ at frequencies exceeding 50 h.2. Designed to be used by lithography GHz but not exceeding 110 GHz; or equipment having a light source wavelength ■ 32. Supplement No. 1 to Part 774 (the Technical Note: ‘Nonlinear vector less than 245 nm; Commerce Control List), Category 5, measurement functionality’ is an Note: 3B001.h. does not control multi-layer Part 1, ECCN 5A001 is amended by: instrument’s ability to analyze the test results masks with a phase shift layer designed for ■ a. Revising the License Requirements of devices driven into the large-signal domain the fabrication of memory devices not section; or the non-linear distortion range. controlled by 3A001. ■ b. Revising the LVS paragraph in the e.4. A maximum operating frequency * * * * * License Exception section; and ■ exceeding 110 GHz; ■ c. Revising paragraphs .f, .h, and .i in f. Microwave test receivers having all of the 30. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 3, the Items paragraph of the List of Items following: Controlled, to read as follows: f.1. Maximum operating frequency ECCN 3C002 is amended by: exceeding 110 GHz; and ■ a. Revising the GBS and CIV 5A001 Telecommunications systems, f.2. Being capable of measuring amplitude paragraphs of the License Exceptions equipment, components and accessories, and phase simultaneously; section; and as follows (see List of Items Controlled). ■ * * * * * b. Revising the Related Definitions License Requirements and Items paragraphs in the List of ■ Reason for Control: NS, SL, AT 29. In Supplement No. 1 to Part 774 Items Controlled section, to read as (the Commerce Control List), Category 3, follows: ECCN 3B001 is amended by revising Control(s) Country Chart 3C002 Resist materials as follows (see List paragraphs .a, .b and .h in the Items NS applies to NS Column 1 paragraphs of the List of Items of Items Controlled) and ‘‘substrates’’ coated with the following resists. 5A001.a, .e, .b.5, Controlled section, to read as follows: f.3 and .h.. * * * * * 3B001 Equipment for the manufacturing of NS applies to NS Column 2 semiconductor devices or materials, as License Exceptions 5A001.b (except .b.5), .c, .d, .f (ex- follows (see List of Items Controlled) LVS: * * * cept f.3), and .g.. and specially designed components and GBS: Yes for 3C002.a provided that they SL applies to A license is required accessories therefor. are not also controlled by 3C002.b through .e. 5A001.f.1. for all destinations, * * * * * CIV: Yes for 3C002.a provided that they are not also controlled by 3C002.b through .e. as specified in List of Items Controlled § 742.13 of the List of Items Controlled EAR. Accordingly, a * * * * * column specific to Items: Unit: *** Related Controls: *** this control does a. Equipment designed for epitaxial growth Related Definitions: N/A not appear on the as follows: Items: Commerce Country a.1. Equipment capable of producing a a. Resists designed for semiconductor Chart (Supplement layer of any material other than silicon with No. 1 to Part 738 of ± lithography as follows: a thickness uniform to less than 2.5% a.1. Positive resists adjusted (optimized) the EAR). across a distance of 75 mm or more; for use at wavelengths less than 245 nm but Note to SL para- Note: 3B001.a.1 includes atomic layer equal to or greater than 15 nm; graph: This licens- epitaxy (ALE) equipment. a.2. Resists adjusted (optimized) for use at ing requirement a.2. Metal Organic Chemical Vapor wavelengths less than 15 nm but greater than does not super- Deposition (MOCVD) reactors designed for 1 nm; sede, nor does it compound semiconductor epitaxial growth of b. All resists designed for use with electron implement, con- material having two or more of the following beams or ion beams, with a sensitivity of 0.01 strue or limit the elements: aluminum, gallium, indium, mcoulomb/mm2 or better; scope of any crimi- arsenic, phosphorus, antimony, or nitrogen; c. [RESERVED] nal statute, includ- a.3. Molecular beam epitaxial growth d. All resists optimized for surface imaging ing, but not limited equipment using gas or solid sources; technologies; to the Omnibus b. Equipment designed for ion e. All resists designed or optimized for use Safe Streets Act of implantation and having any of the with imprint lithography equipment 1968, as amended. following: specified by 3B001.f.2 that use either a AT applies to entire AT Column 1 b.1. [RESERVED]; thermal or photo-curable process. entry. b.2. Being designed and optimized to operate at a beam energy of 20 keV or more ■ 31. Supplement No. 1 to Part 774 (the License Requirement Notes: See § 743.1 of and a beam current of 10 mA or more for Commerce Control List), Category 4, the EAR for reporting requirements for hydrogen, deuterium, or helium implant; ECCN 4D001 is amended by revising exports under License Exceptions. See b.3. Direct write capability; § 740.2(a)(3) of the EAR for restrictions on the paragraph .a in the Items paragraph of use of License Exceptions for 5A001.f.1. b.4. A beam energy of 65 keV or more and the List of Items Controlled section, to a beam current of 45 mA or more for high read as follows: License Exceptions energy oxygen implant into a heated LVS: N/A for 5A001.a, b.5, .e, f.3 and .h; semiconductor material ‘‘substrate’’; or 4D001 ‘‘Software’’ as follows (see List of b.5. Being designed and optimized to Items Controlled). $5000 for 5A001.b.1, .b.2, .b.3, .b.6, .d, f.2, operate at beam energy of 20keV or more and * * * * * f.4, and .g; a beam current of 10mA or more for silicon $3000 for 5A001.c. implant into a semiconductor material List of Items Controlled * * * * * ‘‘substrate’’ heated to 600 °C or greater; * * * * * List of Items Controlled * * * * * Items: h. Multi-layer masks with a phase shift a. ‘‘Software’’ specially designed or * * * * * layer not specified by 3B001.g and having modified for the ‘‘development’’ or Items: any of the following: ‘‘production’’, of equipment or ‘‘software’’ * * * * *

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f. Mobile telecommunications interception or electronic communications, other Control(s) Country chart or jamming equipment, and monitoring than those controlled under 5A001.f.1; equipment therefor, as follows, and specially and parts and accessories therefor. NS applies to entire NS Column 1. designed components therefor: * * * * * entry. f.1. Interception equipment designed for SL applies to the en- A license is required the extraction of voice or data, transmitted List of Items Controlled tire entry as appli- for all destinations, over the air interface; Unit: $ value. cable for equip- as specified in f.2. Interception equipment not specified in Related Controls: (1) See ECCN 5A001.f.1 for ment, functions, § 742.13 of the 5A001.f.1, designed for the extraction of systems or equipment, specially designed features, or charac- EAR. Accordingly, a client device or subscriber identifiers (e.g., or modified to intercept and process the air teristics controlled column specific to IMSI, TIMSI or IMEI), signaling, or other interface of ’mobile telecommunications’, by 5A001.f.1. this control does metadata transmitted over the air interface; not appear on the f.3. Jamming equipment specially designed and specially designed components Commerce Country or modified to intentionally and selectively therefor. (2) See ECCN 5D980 for Chart (Supplement interfere with, deny, inhibit, degrade or ‘‘software’’ for the ‘‘development’’, No. 1 to Part 738 of seduce mobile telecommunication services ‘‘production’’ or ‘‘use’’ of equipment the EAR). and performing any of the following: controlled by 5A980. (3) See ECCN 5E980 f.3.a. Simulate the functions of Radio for the ‘‘technology’’ for the Note to SL para- Access Network (RAN) equipment; ‘‘development’’, ‘‘production’’, and ‘‘use’’ graph: This licens- f.3.b. Detect and exploit specific of equipment controlled by 5A980. ing requirement characteristics of the mobile Related Definitions: N/A does not super- telecommunications protocol employed (e.g., Items: sede, nor does it GSM); or The list of items controlled is contained in implement, con- f.3.c. Exploit specific characteristics of the the ECCN heading. strue or limit the mobile telecommunications protocol scope of any crimi- employed (e.g., GSM); ■ 34. Supplement No. 1 to Part 774 (the nal statute, includ- f.4. Radio Frequency (RF) monitoring Commerce Control List), Category 5, ing, but not limited to the Omnibus equipment designed or modified to identify Part 1, ECCN 5B001 is amended by: the operation of items specified in 5A001.f.1, Safe Streets Act of 5A001.f.2 or 5A001.f.3. ■ a. Revising the STA paragraph in the 1968, as amended. Note: 5A001.f.1 and 5A001.f.2 do not License Exception section; and AT applies to entire AT Column 1. entry. apply to any of the following: ■ b. Revising paragraph .a in the Items a. Equipment specially designed for the paragraph of the List of Items Controlled License Requirement Notes: See § 743.1 of interception of analog Private Mobile Radio the EAR for reporting requirements for (PMR), IEEE 802.11 WLAN; section, to read as follows: exports under License Exceptions. See b. Equipment designed for mobile 5B001 Telecommunication test, inspection § 740.2(a)(3) of the EAR for restrictions on the telecommunications network operators; or and production equipment, components use of License Exceptions for 5D001 (as it c. Equipment designed for the and accessories, as follows (See List of applies to 5A001.f.1 or 5E001.a (as it applies ‘‘development’’ or ‘‘production’’ of mobile Items Controlled). to 5A001.f.1 or 5D001.a (as it applies to telecommunications equipment or systems. * * * * * N.B. 1: See also the International Traffic in 5A001.f.1))). Arms Regulations (ITAR) (22 CFR Parts 120– License Exceptions * * * * * 130). For items specified by 5A001.f.1 * * * * * ■ (including as previously specified by 36. Supplement No. 1 to Part 774 (the STA: License Exception STA may not be Commerce Control List), Category 5, 5A001.i), see also5A980 and the U.S. used to ship 5B001.a equipment and Munitions List (22 CFR part 121). Part 1, ECCN 5D980 is amended by specially designed components or revising the Heading and the Related N.B. 2: For radio receivers see 5A001.b.5. accessories therefor, specially designed for * * * * * the ‘‘development’’ or ‘‘production’’ of Controls paragraph in the List of Items h. Counter Improvised Explosive Device equipment, functions or features specified Controlled Section, to read as follows: (IED) equipment and related equipment, as by in ECCN 5A001.b.3, .b.5 or .h to any of 5D980 Other ‘‘software’’, other than that follows: the eight destinations listed in controlled by 5D001 (for the equipment, h.1. Radio Frequency (RF) transmitting § 740.20(c)(2) of the EAR. functions, features, or characteristics equipment, not specified by 5A001.f, List of Items Controlled controlled by 5A001. f.1, or to support designed or modified for prematurely certain ‘‘technology’’ controlled by activating or preventing the initiation of * * * * * 5E001.a), as follows (see List of Items Improvised Explosive Devices (IEDs); Items: Controlled). h.2. Equipment using techniques designed a. Equipment and specially designed to enable radio communications in the same components or accessories therefor, specially * * * * * frequency channels on which co-located designed for the ‘‘development’’ or List of Items Controlled equipment specified by 5A001.h.1 is ‘‘production’’ of equipment, functions or Unit: * * * transmitting. features, controlled by 5A001; Related Controls: See also 5D001.a and .c for N.B.: See also Category XI of the Note: 5B001.a does not apply to optical software controls for equipment, functions, International Traffic in Arms Regulations fiber characterization equipment. (ITAR) (22 CFR Parts 120–130). features or characteristics controlled by i. [RESERVED] * * * * * 5A001.f.1 and also 5D001.b for controls on N.B.: See 5A001.f.1 for items previously ‘‘software’’ specially designed or modified ■ specified by 5A001.i. 35. Supplement No. 1 to Part 774 (the to support ‘‘technology’’ controlled by Commerce Control List), Category 5, ■ 5E001.a (for 5A001.f.1 equipment, 33. Supplement No. 1 to Part 774 (the Part 1, ECCN 5D001 is amended by Commerce Control List), Category 5, functions or features, and for 5D001.a revising the License Requirements ‘‘software’’ for 5A001.f.1 equipment). See Part 1, ECCN 5A980 is amended by section to read as follows: 5E980 for ‘‘technology’’ for the revising the Heading and the List of ‘‘development’’, ‘‘production’’, and ‘‘use’’ Items Controlled section, to read as 5D001 ‘‘Software’’ as follows (see List of Items Controlled). of equipment controlled by 5A980 or follows: ‘‘software’’ controlled by 5D980. 5A980 Devices primarily useful for the License Requirements Related Definitions: * * * surreptitious interception of wire, oral, Reason for Control: NS, SL, AT Items: ***

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■ 37. Supplement No. 1 to Part 774 (the greater than 1 W (30 dBm) with a ‘‘fractional c. Electronic transactions; or Commerce Control List), Category 5, bandwidth’’ greater than 10%; d. Telephone call transactions; Part 1, ECCN 5E001 is amended by: d.3. Rated for operation at frequencies 2. The cryptographic functionality cannot ■ a. Revising the License Requirements exceeding 16 GHz up to and including 31.8 be easily changed by the user; section; and GHz and with an average output power 3. Designed for installation by the user ■ b. Revising paragraph .d in the Items greater than 0.8 W (29 dBm) with a without further substantial support by the ‘‘fractional bandwidth’’ greater than 10%; paragraph of the List of Items Controlled supplier; and d.4. Rated for operation at frequencies 4. [RESERVED] section, to read as follows: exceeding 31.8 GHz up to and including 37 5. When necessary, details of the items are 5E001 ‘‘Technology’’ as follows (see List of GHz and with an average output power accessible and will be provided, upon Items Controlled). greater than 0.1 nW (¥70 dBm); request, to the appropriate authority in the d.5. Rated for operation at frequencies exporter’s country in order to ascertain License Requirements exceeding 37 GHz up to and including 43.5 compliance with conditions described in Reason for Control: NS, SL, AT GHz and with an average output power paragraphs 1. through 3. of this Note a.; greater than 1.0 W (30 dBm); b. Hardware components of existing items Control(s) Country chart d.6. Rated for operation at frequencies described in paragraph a. of this Note, that exceeding 43.5 GHz up to and including 75 have been designed for these existing items, NS applies to entire NS Column 1. GHz and with an average output power meeting all of the following: entry. greater than 31.62 mW (15 dBm) with a 1. ‘‘Information security’’ is not the SL applies to ‘‘tech- A license is required ‘‘fractional bandwidth’’ greater than 10%; primary function or set of functions of the nology’’ for the for all destinations, d.7. Rated for operation at frequencies component; ‘‘development’’ or as specified in exceeding 75 GHz up to and including 90 2. The component does not change any ‘‘production’’ of § 742.13 of the GHz and with an average output power cryptographic functionality of the existing equipment, func- EAR. Accordingly, a greater than 10 mW (10 dBm) with a items, or add new cryptographic tions or features column specific to ‘‘fractional bandwidth’’ greater than 5%; or functionality to the existing items; controlled by this control does d.8. Rated for operation at frequencies 3. The feature set of the component is fixed 5A001.f.1, or for not appear on the exceeding 90 GHz and with an average and is not designed or modified to customer the ‘‘development’’ Commerce Country ¥ output power greater than 0.1 nW ( 70 specification; and or ‘‘production’’ of Chart (Supplement dBm); 4. When necessary, as determined by the ‘‘software’’ con- No. 1 to Part 738 of * * * * * appropriate authority in the exporter’s trolled by ECCN the EAR). ■ country, details of the component and 5D001.a (for 38. Supplement No. 1 to Part 774 (the relevant end-items are accessible and will be 5A001.f.1). Commerce Control List), Category 5, provided to the authority upon request, in Note to SL para- Part 1, ECCN 5E980 is amended by order to ascertain compliance with graph: This licens- revising the Heading and the Related conditions described above. ing requirement Controls paragraph of the List of Items Note to the Cryptography Note: does not super- Controlled section, to read as follows: sede, nor does it 1. To meet paragraph a. of Note 3, all of implement, con- 5E980 ‘‘Technology’’, other than that the following must apply: strue or limit the controlled by 5E001.a (for 5A001.,f.1 a. The item is of potential interest to a wide scope of any crimi- and for 5D001.a (for 5A001.f.1)), range of individuals and businesses; and nal statute, includ- primarily useful for the ‘‘development’’, b. The price and information about the ing, but not limited ‘‘production’’, or ‘‘use’’ of equipment, main functionality of the item are available to the Omnibus functions or features, of equipment before purchase without the need to consult Safe Streets Act of controlled by 5A980 or ‘‘software’’ the vendor or supplier. 1968, as amended. controlled by 5D980. 2. In determining eligibility of paragraph a. AT applies to entire AT Column 1. * * * * * of Note 3, BIS may take into account relevant entry. factors such as quantity, price, required List of Items Controlled technical skill, existing sales channels, License Requirement Notes: See § 743.1 of * * * * * typical customers, typical use or any the EAR for reporting requirements for Related Controls: See also 5D001.a and .c (for exclusionary practices of the supplier. exports under License Exceptions. See 5A001.f.1 equipment), 5D001.b (supporting N.B. to Note 3 (Cryptography Note): You § 740.2(a)(3) of the EAR for restrictions on the 5E001.a ‘‘technology’’ for 5A001.f.1 must submit a classification request or use of License Exceptions for 5E001.a (as it equipment, or for 5D001.a ‘‘software’’ (for encryption registration to BIS for mass applies to 5A001.f.1 or 5D001.a (as it applies 5A001.f.1equipment)), and 5E001.a (for market encryption commodities and software to 5A001.f.1))). 5A001.f.1 equipment, or for 5D001.a eligible for the Cryptography Note employing * * * * * ‘‘software’’ for 5A001.f.1 equipment). a key length greater than 64 bits for the symmetric algorithm (or, for commodities List of Items Controlled * * * * * ■ 39. Supplement No. 1 to part 774, and software not implementing any * * * * * symmetric algorithms, employing a key Items: Category 5, Part 2 is amended by length greater than 768 bits for asymmetric * * * * * revising Note 3 to read as follows: algorithms or greater than 128 bits for elliptic d. ‘‘Technology’’ according to the General CATEGORY 5—TELECOMMUNICATIONS curve algorithms) in accordance with the Technology Note for the ‘‘development’’ or AND ‘‘INFORMATION SECURITY’’ requirements of § 742.15(b) of the EAR in ‘‘production’’ of Microwave Monolithic order to be released from the ‘‘EI’’ and ‘‘NS’’ Integrated Circuit (MMIC) power amplifiers Part 2—‘‘INFORMATION SECURITY’’ controls of ECCN 5A002 or 5D002. specially designed for telecommunications * * * * * and having any of the following: Note 3: Cryptography Note: ECCNs 5A002 ■ 40. Supplement No. 1 to Part 774 (the d.1. Rated for operation at frequencies and 5D002 do not control items as follows: Commerce Control List), Category 5, exceeding 3.2 GHz up to and including 6.8 a. Items meeting all of the following: Part 2, ECCN 5A002 is amended by: GHz and with an average output power 1. Generally available to the public by ■ greater than 4 W (36 dBm) with a ‘‘fractional being sold, without restriction, from stock at a. Redesignating paragraphs (1) and bandwidth’’ greater than 15%; retail selling points by means of any of the (2) as (2) and (3) in the Related Controls d.2. Rated for operation at frequencies following: paragraph in the List of Items Controlled exceeding 6.8 GHz up to and including 16 a. Over-the-counter transactions; Section, and adding a new paragraph (1) GHz and with an average output power b. Mail order transactions; to read as set forth below;

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■ b. Revising paragraphs (g) and (i) of than authentication, digital signature, or a.9. Designed or modified to use ‘quantum the Note to the Items paragraph in the execution of copy-protected ‘‘software,’’ and cryptography.’ List of Items Controlled Section; and having any of the following: Technical Notes: ■ c. Revising paragraph .a of the Items Technical Notes: 1. ‘Quantum cryptography’ A family of paragraph in the List of Items Controlled 1. Functions for authentication, digital techniques for the establishment of a shared Section to read as follows: signature and the execution of copy- key for ‘‘cryptography’’ by measuring the protected ‘‘software’’ include their associated quantum-mechanical properties of a physical 5A002 ‘‘Information security’’ systems, key management function. system (including those physical properties equipment and components therefor, as 2. Authentication includes all aspects of explicitly governed by quantum optics, follows (see List of Items Controlled). access control where there is no encryption quantum field theory, or quantum * * * * * of files or text except as directly related to the electrodynamics). protection of passwords, Personal 2. ‘Quantum cryptography’ is also known List of Items Controlled Identification Numbers (PINs) or similar data as Quantum Key Distribution (QKD). * * * * * to prevent unauthorized access. Related Controls: (1) ECCN 5A002.a controls 3. ‘‘Cryptography’’ does not include * * * * * ‘‘components’’ providing the means or ‘‘fixed’’ data compression or coding ■ 41. Supplement No. 1 to Part 774 (the functions necessary for ‘‘information techniques. Commerce Control List), Category 5, security.’’ All such ‘‘components’’ are Note: 5A002.a.1 includes equipment Part 2, ECCN 5A992 is amended by presumptively ‘‘specially designed’’ and designed or modified to use ‘‘cryptography’’ revising the Items paragraph of the List controlled by 5A002.a. (2) 5A002 does not employing analog principles when of Items Controlled to read as follows: control the commodities listed in implemented with digital techniques. paragraphs (a), (d), (e), (f), (g), (i) and (j) in a.1.a. A ‘‘symmetric algorithm’’ employing 5A992 Equipment not controlled by 5A002. the Note in the items paragraph of this a key length in excess of 56-bits; or * * * * * entry. These commodities are instead a.1.b. An ‘‘asymmetric algorithm’’ where List of Items Controlled classified under ECCN 5A992, and related the security of the algorithm is based on any software and technology are classified of the following: * * * * * under ECCNs 5D992 and 5E992 a.1.b.1. Factorization of integers in excess Items: respectively. (3) After encryption of 512 bits (e.g., RSA); a. Telecommunications and other registration to or classification by BIS, a.1.b.2. Computation of discrete logarithms information security equipment containing mass market encryption commodities that in a multiplicative group of a finite field of encryption. meet eligibility requirements are released size greater than 512 bits (e.g., Diffie-Hellman b. ‘‘Information security’’ equipment, from ‘‘EI’’ and ‘‘NS’’ controls. These over Z/pZ); or n.e.s., (e.g., cryptographic, cryptanalytic, and commodities are classified under ECCN a.1.b.3. Discrete logarithms in a group cryptologic equipment, n.e.s.) and 5A992.c. See § 742.15(b) of the EAR. other than mentioned in 5A002.a.1.b.2 in components therefor. * * * * * excess of 112 bits (e.g., Diffie-Hellman over Note: 5A992 does not control products Items: an elliptic curve); with cryptographic functionality limited to a.2. Designed or modified to perform Note: * * * copy protection. cryptanalytic functions; (g) Portable or mobile radiotelephones and c. Commodities that BIS has received an Note: 5A002.a.2 includes systems or similar client wireless devices for civil use, encryption registration or that have been equipment, designed or modified to perform that implement only published or classified as mass market encryption cryptanalysis by means of reverse commercial cryptographic standards (except commodities in accordance with § 742.15(b) engineering. for anti-piracy functions, which may be non- of the EAR. a.3. [RESERVED] published) and also meet the provisions of ■ a.4. Specially designed or modified to 42. Supplement No. 1 to Part 774 (the paragraphs a.2. to a.5. of the Cryptography reduce the compromising emanations of Commerce Control List), Category 5, Note (Note 3 in Category 5–Part 2), that have information-bearing signals beyond what is Part 2, ECCN 5E002 is amended by been customized for a specific civil industry necessary for health, safety or revising the items paragraph of the List application with features that do not affect electromagnetic interference standards; the cryptographic functionality of these of Items Controlled section to read as a.5. Designed or modified to use original non-customized devices; follows: cryptographic techniques to generate the * * * * * spreading code for ‘‘spread spectrum’’ 5E002 ‘‘Technology’’ as follows (see List of (i) Wireless ‘‘personal area network’’ systems, not controlled in 5A002.a.6., Items Controlled). equipment that implement only published or including the hopping code for ‘‘frequency * * * * * commercial cryptographic standards and hopping’’ systems; where the cryptographic capability is limited a.6. Designed or modified to use List of Items Controlled to a nominal operating range not exceeding cryptographic techniques to generate * * * * * 30 meters according to the manufacturer’s channelizing codes, scrambling codes or Items: specifications, or not exceeding 100 meters network identification codes, for systems a. ‘‘Technology’’ according to the General according to the manufacturer’s using ultra-wideband modulation techniques Technology Note for the ‘‘development’’, specifications for equipment that cannot and having any of the following: ‘‘production’’ or ‘‘use’’ of equipment interconnect with more than seven devices; a.6.a. A bandwidth exceeding 500 MHz; or controlled by 5A002 or 5B002 or ‘‘software’’ or a.6.b. A ‘‘fractional bandwidth’’ of 20% or controlled by 5D002.a or 5D002.c. * * * * * more; b. ‘‘Technology’’ to enable an item to a. Systems, equipment, application specific a.7. Non-cryptographic information and achieve or exceed the controlled performance ‘‘electronic assemblies’’, modules and communications technology (ICT) security levels for functionality specified by 5A002.a integrated circuits for ‘‘information security’’, systems and devices that have been evaluated that would not otherwise be enabled. as follows, and components therefor and certified by a national authority to Note: 5E002 includes ‘‘information specially designed for ‘‘information exceed class EAL–6 (evaluation assurance security’’ technical data resulting from security’’: level) of the Common Criteria (CC) or procedures carried out to evaluate or N.B.: For the control of Global Navigation equivalent; determine the implementation of functions, Satellite Systems (GNSS) receiving a.8. Communications cable systems features or techniques specified in Category equipment containing or employing designed or modified using mechanical, 5, Part 2. decryption, see ECCN 7A005. electrical or electronic means to detect a.1. Designed or modified to use surreptitious intrusion; ■ 43. Supplement No. 1 to Part 774 (the ‘‘cryptography’’ employing digital techniques Note: 5A002.a.8 applies only to physical Commerce Control List), Category 6, performing any cryptographic function other layer security. ECCN 6A001 is amended by revising

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paragraphs a.1.a.2 and a.1.a.3 of the ■ 44. Supplement No. 1 to Part 774 (the a.6.a. Single transverse mode output and Items paragraph in the List of Items Commerce Control List), Category 6, output power exceeding 200 W; or Controlled section to read as follows: ECCN 6A002 is amended by: a.6.b. Multiple transverse mode output and ■ any of the following: 6A001 Acoustic systems, equipment and a. Remove the period and add a semi- a.6.b.1. ‘Wall-plug efficiency’ exceeding components, as follows (see List of Items colon in its place at end of paragraphs 18% and output power exceeding 500 W; or Controlled). a.3.a.2.b, a.3.b.2.b, a.3.g.3 and c.3 in a.6.b.2. Output power exceeding 2 kW; * * * * * Items paragraph of List of Items Note: 6A005.a.6.b does not control Controlled section; and multiple transverse mode, industrial ‘‘lasers’’ List of Items Controlled ■ b. Remove ‘‘Signal Processing In The with output power exceeding 2kW and not * * * * * Element (SPRITE);’’ and add in its place exceeding 6 kW with a total mass greater Items: ‘‘Signal processing in the detector than 1,200 kg. For the purpose of this note, a. * * * elements;’’ in paragraph a.3.d.2.b in the total mass includes all components required a.1. * * * Items paragraph of the List of Items to operate the ‘‘laser’’, e.g., ‘‘laser’’, power supply, heat exchanger, but excludes a.1.a. * * * Controlled section. a.1.a.2. Underwater survey equipment external optics for beam conditioning and/or ■ 45. Supplement No. 1 to Part 774 (the delivery. designed for seabed topographic mapping Commerce Control List), Category 6, and having any of the following: * * * * * ECCN 6A005 is amended by: Technical Note: The acoustic sensor ■ ■ a. Revising the License Requirements 46. Supplement No. 1 to Part 774 (the pressure rating determines the depth rating Commerce Control List), Category 6, of the equipment specified by 6A001.a.1.a.2. section and paragraph d. of the License a.1.a.2.a. Having all of the following: Requirements Notes, as set forth below; ECCN 6C004 is amended by revising a.1.a.2.a.1. Designed or modified to operate ■ b. Removing ‘‘520’’ and adding in its paragraph .b and .c in the Items at depths exceeding 300 m; and place ‘‘510’’ in paragraphs a.2, a.3, b.2, paragraph of the List of Items Controlled a.1.a.2.a.2. ‘Sounding rate’ greater than and b.3 in the Items paragraph of the section to read as follows: 3,800; or List of Items Controlled; and 6C004 Optical materials as follows (see List Technical Note: ‘Sounding rate’ is the ■ c. Revising paragraph a.6 in the Items of Items Controlled). product of the maximum speed (m/s) at which the sensor can operate and the paragraph of the List of Items Controlled * * * * * maximum number of soundings per swath to read as follows: List of Items Controlled assuming 100% coverage. 6A005 ‘‘Lasers’’ (other than those a.1.a.2.b. Survey equipment, not specified described in 0B001.g.5 or .h.6), * * * * * by 6A001.a.1.a.2.a, having all of the components and optical equipment, as Items: following: follows (see List of Items Controlled). * * * * * a.1.a.2.b.1. Designed or modified to operate b. Electro-optic materials and non-linear License Requirements at depths exceeding 100 m; materials, as follows: a.1.a.2.b.2. Designed to take measurements Reason for Control: NS, NP, AT b.1. Potassium titanyl arsenate (KTA) (CAS at an angle exceeding 20° from the vertical; 59400–80–5); a.1.a.2.b.3. Having any of the following: Control(s) Country Chart b.2. Silver gallium selenide (AgGaSe2, also a.1.a.2.b.3.a. Operating frequency below known as AGSE) (CAS 12002–67–4); 350 kHz; or NS applies to entire NS Column 2 b.3. Thallium arsenic selenide (Tl3AsSe3, a.1.a.2.b.3.b. Designed to measure seabed entry. also known as TAS) (CAS 16142–89–5); topography at a range exceeding 200 m from NP applies to ‘‘la- NP Column 1 b.4. Zinc germanium phosphide (ZnGeP2, the acoustic sensor; and sers’’ controlled by also known as ZGP, zinc germanium a.1.a.2.b.4. ‘Enhancement’ of the depth 6A005.a.2, a.3, biphosphide or zinc germanium accuracy through compensation of all of the b.2.b, b.3, b.4.b, diphosphide); or following: b.6.b, c.1.b, c.2.b, b.5. Gallium selenide (GaSe) (CAS 12024– a.1.a.2.b.4.a. Motion of the acoustic sensor; d.3.c, and d.4.c, as 11–2); a.1.a.2.b.4.b. In-water propagation from described in the c. Non-linear optical materials, other than sensor to the seabed and back; and following License those specified by 6C004.b, having any of the a.1.a.2.b.4.c. Sound speed at the sensor. Requirements following: a.1.a.3. Side Scan Sonar (SSS) or Synthetic Note.. c.1. Having all of the following: Aperture Sonar (SAS), designed for seabed AT applies to entire AT Column 1. c.1.a. Dynamic (also known as imaging and having all of the following: entry. nonstationary) third order nonlinear a.1.a.3.a. Designed or modified to operate c(3) ¥6 2 2 License Requirements Note: NP controls susceptibility ( , chi 3) of 10 m /V or at depths exceeding 500 m; and more; and apply to the following ‘‘lasers’’ controlled by a.1.a.3.b. An ‘area coverage rate’ of greater c.1.b. Response time of less than 1 ms; or 6A005: than 570 m2/s while operating at the c.2. Second order nonlinear susceptibility maximum range that it can operate with an * * * * * (c(2), chi 2) of 3.3×10¥11 m/V or more; ‘along track resolution’ of less than 15 cm; (d) Argon ion ‘‘lasers’’ controlled by * * * * * and 6A005.a.2 and 6A005.a.3, having all of the ■ following characteristics: 47. Supplement No. 1 to Part 774 (the a.1.a.3.c. An ‘across track resolution’ of less Commerce Control List), Category 6, than 15 cm; (1) Operating at wavelengths between 400 Technical Notes: and 515 nm; and ECCN 6C005 is amended by revising the ≥ 1. ‘Area coverage rate’ (m2/s) is twice the (2) An average output power 50 W; Items paragraph in the List of Items product of the sonar range (m) and the * * * * * Controlled section to read as follows: maximum speed (m/s) at which the sensor 6C005 Synthetic crystalline ‘‘laser’’ host List of Items Controlled can operate at that range. material in unfinished form as follows 2. ‘Along track resolution’ (cm), for SSS * * * * * (see List of Items Controlled). only, is the product of azimuth (horizontal) Items: * * * * * beamwidth (degrees) and sonar range (m) * * * * * and 0.873. a. * * * List of Items Controlled 3. ‘Across track resolution’ (cm) is 75 a.6. Output wavelength exceeding 975 nm * * * * * divided by the signal bandwidth (kHz). but not exceeding 1,150 nm and any of the Items: * * * * * following; a. Titanium doped sapphire.

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b. [RESERVED] License Requirements or 7D103 are subject to the export licensing ■ 48. Supplement No. 1 to Part 774 (the Reason for Control: NS, AT authority of the U.S. Department of State, Directorate of Defense Trade Controls (see 22 Commerce Control List), Category 7, Control(s) Country chart CFR part 121). ECCN 7A001 is amended by revising Related Definitions: *** paragraph .a.2 of the Items paragraph in NS applies to entire NS Column 1 Items: *** the List of Items Controlled section to entry. ■ 52. Supplement No. 1 to Part 774 (the read as follows: AT applies to entire AT Column 1 Commerce Control List), Category 7, 7A001 Accelerometers as follows (see List entry. ECCN 7E004 is amended by revising the of Items Controlled) and specially License Exceptions Related Controls paragraph and designed components therefor. CIV: N/A paragraph .b of the Items paragraph in * * * * * TSR: N/A the List of Items Controlled section to List of Items Controlled STA: License Exception STA may not be read as follows: * * * * * used to ship or transmit ‘‘software’’ in 7E004 Other ‘‘technology’’ as follows (see Items: 7D004.a to .d and .g to any of the eight List of Items Controlled). destinations listed in § 740.20(c)(2) of the a. * * * * * * * * a.2. Specified to function at linear EAR. acceleration levels exceeding 15 g but less List of Items Controlled List of Items Controlled than or equal to 100 g and having all of the Unit: $ value Unit: *** following: Related Controls: See also 0D521 No. 2 Related Controls: See also 0D521 No. 2 a.2.a. A ‘‘bias’’ ‘‘repeatability’’ of less (‘‘source code’’ for the ‘‘development’’ of fly- (‘‘source code’’ for the ‘‘development’’ of fly- (better) than 1,250 micro g over a period of by-wire control systems), 0E521 No. 6 (for by-wire control systems), 0E521 No. 6 (for one year; and ‘‘technology’’ for the ‘‘development’’ of a.2.b. A ‘‘scale factor’’ ‘‘repeatability’’ of ‘‘technology’’ for the ‘‘development’’ of ‘‘software’’ controlled by 0D521 No. 2), ‘‘software’’ controlled by 0D521 No. 2), less (better) than 1,250 ppm over a period of 7E104 and 7E994. one year; or 7D103 and 7D994 Related Definitions: N/A Related Definitions: *** * * * * * Items: Items: ■ 49. Supplement No. 1 to Part 774 (the a. Digital flight management systems for * * * * * Commerce Control List), Category 7, ‘‘total control of flight’’; b. ‘‘Development’’ ‘‘technology’’, as ECCN 7D003 is amended by: b. Integrated propulsion and flight control follows, for ‘‘active flight control systems’’ ■ a. Revising the STA paragraph in the systems; (including fly-by-wire or fly-by-light): License Exceptions section; c. Fly-by-wire or fly-by-light control b.1. Photonic-based ‘‘technology’’ for ■ b. Revising the Related Controls systems; sensing aircraft or flight control component paragraph of the List of Items Controlled d. Fault-tolerant or self-reconfiguring state, transferring flight control data, or ‘‘active flight control systems’’; commanding actuator movement, ‘‘required’’ section; and for fly-by-light ‘‘active flight control ■ e. [RESERVED]; c. Revising paragraph .d in the Items systems’’; paragraph of the List of Items Controlled f. Air data systems based on surface static data; or b.2. [RESERVED] section, to read as follows: g. Three dimensional displays. b.3. Real-time algorithms to analyze component sensor information to predict and 7D003 Other ‘‘software’’ as follows (see List Note: 7D004 does not apply to ‘‘source of Items Controlled). preemptively mitigate impending code’’ associated with common computer degradation and failures of components * * * * * elements and utilities (e.g., input signal within an ‘‘active flight control system’’; acquisition, output signal transmission, License Exceptions Note: 7E004.b.3 does not include computer program and data loading, built-in algorithms for purpose of off-line * * * * * test, task scheduling mechanisms) not maintenance. STA: License Exception STA may not be providing a specific flight control system b.4. Real-time algorithms to identify used to ship or transmit software in 7D003.a, function. component failures and reconfigure force and b, or c to any of the eight destinations listed ■ moment controls to mitigate ‘‘active flight in § 740.20(c)(2) of the EAR. 51. Supplement No. 1 to Part 774 (the Commerce Control List), Category 7, control system’’ degradations and failures; List of Items Controlled ECCN 7E001 is amended by revising the Note: 7E004.b.4 does not include algorithms for the elimination of fault effects Unit: *** Heading and the Related Controls through comparison of redundant data Related Controls: See also 0D521 No. 2 paragraph in the List of Items Controlled sources, or off-line pre-planned responses to (‘‘source code’’ for the ‘‘development’’ of fly- section, to read as follows: anticipated failures. by-wire control systems), 0E521 No. 6 (for b.5. Integration of digital flight control, ‘‘technology’’ for the ‘‘development’’ of 7E001 ‘‘Technology’’ according to the navigation and propulsion control data, into ‘‘software’’ controlled by 0D521 No. 2), General Technology Note for the a digital flight management system for ‘‘total 7D103 and 7D994 ‘‘development’’ of equipment or control of flight’’; Related Definitions: *** ‘‘software’’, controlled by 7A (except Note: 7E004.b.5 does not apply to: Items: 7A994), 7B (except 7B994), 7D001, 1. ‘‘Development’’ ‘‘technology’’ for 7D002, or 7D003. * * * * * integration of digital flight control, d. [RESERVED] navigation and propulsion control data, into List of Items Controlled N.B. For flight control ‘‘source code,’’ see a digital flight management system for ‘‘flight 7D004. Unit: *** path optimization’’; * * * * * Related Controls: (1.) See also 0D521 No. 2. ‘‘Development’’ ‘‘technology’’ for ■ 50. Supplement No. 1 to Part 774 (the 2 (‘‘source code’’ for the ‘‘development’’ of ‘‘aircraft’’ flight instrument systems Commerce Control List), Category 7, fly-by-wire control systems), 0E521 No. 6 (for integrated solely for VOR, DME, ILS or MLS ‘‘technology’’ for the ‘‘development’’ of ECCN 7D004 is added after 7D003 to navigation or approaches. ‘‘software’’ controlled by 0D521 No. 2), b.6. Full authority digital flight control or read as follows: 7E101 and 7E994. (2.) The ‘‘technology’’ multisensor mission management systems, 7D004 ‘‘Source code’’ incorporating related to 7A003.b, 7A005, 7A103.b, 7A105, employing ‘‘expert systems’’; ‘‘development’’ ‘‘technology’’ specified 7A106, 7A115, 7A116, 7A117, 7B103, N.B.: For ‘‘technology’’ for ‘‘Full Authority by 7E004.a or 7E004.b, for any of the software in 7D101 specified in the Related Digital Engine Control Systems’’ (‘‘FADEC following: (see List of Items Controlled). Controls paragraph of ECCN 7D101, 7D102.a, Systems’’), see ECCN 9E003.h.

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Note: 7E004.b does not apply to b.2.d. Designed or modified for off-road Software Notes’’ is amended by revising ‘‘technology’’ associated with common use; Note 2 ‘‘General Software Note’’ to read computer elements and utilities, e.g., input b.3. ‘‘Components’’ having all of the as follows: signal acquisition, output signal following: transmission, computer program and data b.3.a. ‘‘Specially designed’’ for vehicles SUPPLEMENT NO. 2 TO PART 774— loading, built-in test, task scheduling specified in 9A018.b.2; and GENERAL TECHNOLOGY AND mechanisms) not providing a specific flight b.3.b. Providing ballistic protection to level SOFTWARE control system function. III (NIJ 0108.01, September 1985, or * * * * * comparable national standard) or better. Notes ■ 53. Supplement No. 1 to Part 774 (the Note: 9A018 does not apply to civil * * * * * Commerce Control List), Category 9, vehicles designed or modified for 2. General Software Note. License transporting money or valuables. ECCN 9A001 is amended by removing Exception TSU (mass market software) (see the phrase ‘‘Participating State’’ and * * * * * § 740.13 of the EAR) is available to all ■ adding in its place ‘‘Wassenaar 55. Supplement No. 1 to Part 774 (the destinations, except countries in Country Arrangement Participating State’’ in the Commerce Control List), Category 9, Group E:1 of Supplement No. 1 to part 740 introductory text of paragraph .b in Note ECCN 9E003 is amended by: of the EAR, for release of ‘‘software’’ which ■ is any of the following: 9A001.a of the Items paragraph in the a. Revising paragraph a.5 of the Items paragraph in the List of Items Controlled 1. Generally available to the public by List of Items Controlled section. being: ■ 54. Supplement No. 1 to Part 774 (the section, as set forth below; and ■ b. Removing the period at the end of a. Sold from stock at retail selling points, Commerce Control List), Category 9, without restriction, by means of: ECCN 9A018 is amended by revising paragraph h.3 and adding in its place a semi-colon. 1. Over the counter transactions; paragraph .b of the Items paragraph in 2. Mail order transactions; the List of Items Controlled section, to 9E003 Other ‘‘technology’’ as follows (see 3. Electronic transactions; or read as follows: List of Items Controlled). 4. Telephone call transactions; and b. Designed for installation by the user 9A018 Equipment on the Wassenaar * * * * * Arrangement Munitions List. without further substantial support by the List of Items Controlled supplier. * * * * * * * * * * 2. [RESERVED] See § 734.3(b)(3) for List of Items Controlled Items: ‘‘publicly available technology and a. * * * * * * * * software.’’ a.5. Cooled turbine blades, vanes or ‘‘tip- 3. The minimum necessary ‘‘object code’’ Items: shrouds’’, other than those described in for the installation, operation, maintenance * * * * * 9E003.a.1, designed to operate at a ‘gas path (checking) or repair of those items whose b. Ground vehicles (including trailers) and temperature’ of 1,693 K (1,420°C) or more; export has been authorized. ‘‘components,’’ as follows: Technical Notes: Note: Minimum necessary ‘‘object code’’ b.1. Ground transport vehicles (including 1. ‘Gas path temperature’ is the bulk does not enhance or improve the trailers) and ‘‘parts’’ and ‘‘components’’ average gas path total (stagnation) performance of an item or provide new therefor designed or modified for non-combat temperature at the leading edge plane of the features or functionality. military use; turbine component when the engine is b.2. Other ground vehicles having all of the Note: The General Software Note does not running in a ‘steady state mode’ of operation apply to ‘‘software’’ controlled by Category 5, following: at the certificated or specified maximum b.2.a. Manufactured or fitted with part 2 ‘‘Information Security’’). For continuous operating temperature. ‘‘software’’ controlled by Category 5, part 2, ‘‘materials’’ or ‘‘components’’ to provide 2. The term ‘steady state mode’ defines ballistic protection to level III (National see Supplement No. 1 to part 774, Category engine operation conditions, where the 5, part 2, Note 3—Cryptography Note. Institute of Justice standard 0108.01, engine parameters, such as thrust/power, September 1985) or better; (See § 770.2(h)— rpm and others, have no appreciable ■ 57. Supplement No. 5 to Part 774 is Interpretation 8). fluctuations, when the ambient air amended by revising 0D521 and 0E521 b.2.b. A transmission to provide drive to temperature and pressure at the engine inlet sections of the table to read as follows: both front and rear wheels simultaneously, are constant. including those vehicles having additional Supplement No. 5 to Part 774—Items wheels for load bearing purposes whether * * * * * ■ 56. Supplement No. 1 to Part 774 (the Classified Under ECCNS 0A521, 0B521, driven or not; 0C521, 0D521 and 0E521 b.2.c. Gross Vehicle Weight Rating (GVWR) Commerce Control List), Supplement greater than 4,500 kg; and No. 2 ‘‘General Technology and * * * * *

Item descriptor. Note: The description must match Date of initial or subsequent BIS Date when the item will be by model number or a broader classification. designated Item-specific license exception descriptor that does not (ID = initial date; EAR99, unless reclassified in eligibility necessarily need to be SD = subsequent date) another ECCN or the 0Y521 company specific classification is reissued

*******

0D521. Software

******* No. 2 ...... June 20, 2013 (ID) June 20, 2014 ...... License Exception GOV under ‘‘Source code’’ for the ‘‘develop- § 740.11(b)(2)(ii) only. ment’’ of fly-by-wire control sys- tems.

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Item descriptor. Note: The description must match Date of initial or subsequent BIS Date when the item will be by model number or a broader classification. designated Item-specific license exception descriptor that does not (ID = initial date; EAR99, unless reclassified in eligibility necessarily need to be SD = subsequent date) another ECCN or the 0Y521 company specific classification is reissued

0E521. Technology

******* No. 2 [RESERVED] ...... [RESERVED] ...... [RESERVED] ...... [RESERVED]. No. 3 [RESERVED] ...... [RESERVED] ...... [RESERVED] ...... [RESERVED]. No. 4 [RESERVED] ...... [RESERVED] ...... [RESERVED] ...... [RESERVED]. No. 5 [RESERVED] ...... [RESERVED] ...... [RESERVED] ...... [RESERVED]. No. 6 ...... June 20, 2013 (ID) June 20, 2014 ...... License Exception GOV under ‘‘Technology’’ for fly-by-wire con- § 740.11(b)(2)(ii) only. trol systems, as follows:. a. ‘‘Technology’’ according to the General Technology Note for the ‘‘development’’ of ‘‘software’’ controlled by 0D521; or b. ‘‘Development’’ ‘‘tech- nology’’ for ‘‘active flight control systems’’ for control law compensation for sen- sor location or dynamic air- frame loads, i.e., com- pensation for sensor vibra- tion environment or for vari- ation of sensor location from the center of gravity.

Dated: June 12, 2013. Kevin J. Wolf, Assistant Secretary of Commerce for Export Administration. [FR Doc. 2013–14644 Filed 6–19–13; 8:45 am] BILLING CODE 3510–33–P

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Part V

Small Business Administration

13 CFR Part 121 Small Business Size Standards; Final Rules

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SMALL BUSINESS ADMINISTRATION levels, covering 1,141 NAICS industries Agriculture, Forestry, Fishing and and 18 sub-industry activities (i.e., Hunting, to determine whether the 13 CFR Part 121 ‘‘exceptions’’ in SBA’s table of size existing size standards should be RIN 3245–AG43 standards). Of these, 31 were based on retained or revised. SBA did not review average annual receipts, seven based on size standards for 46 industries in Small Business Size Standards: number of employees, and three based NAICS Sector 11 that are currently set Agriculture, Forestry, Fishing and on other measures. Presently, there are by statute at $750,000 in average annual Hunting a total of 1,031 size standards, 516 of receipts. SBA also did not review the which are based on average annual 500-employee based size standard for AGENCY: U.S. Small Business receipts, 499 on number of employees, NAICS 113310, Logging, but will review Administration. 10 on megawatt hours, and six on it in the near future with other ACTION: Final rule. average assets. employee based size standards. Over the years, SBA has received On September 11, 2012, SBA SUMMARY: The United States Small comments that its size standards have published a proposed rule in the Business Administration (SBA) is not kept up with changes in the Federal Register (77 FR 55755) seeking increasing the small business size economy, in particular the changes in public comment on its proposal to standards for 11 industries in North the Federal contracting marketplace and increase the size standards for 11 American Industry Classification industry structure. The last industries in that Sector and retain the System (NAICS) Sector 11, Agriculture, comprehensive review of size standards size standards for five remaining Forestry, Fishing and Hunting, and occurred during the late 1970s and early industries and two sub-industries retaining the current standards for five 1980s. Since then, most reviews of size (‘‘exceptions’’). The comment period industries and two exceptions to NAICS standards were limited to a few specific ended on November 13, 2012. 115310. As part of its ongoing industries in response to requests from In conjuction with the current comprehensive size standards review, the public and Federal agencies. SBA comprehensive size standards review, SBA evaluated 16 industries and two also makes periodic inflation SBA developed a ‘‘Size Standards exceptions in NAICS Sector 11 to adjustments to its monetary based size Methodology’’ for establishing, determine whether the existing size standards. The latest inflation reviewing, and modifying size standards should be retained or revised. adjustment to size standards was standards, where necessary. SBA SBA did not review size standards for published in the Federal Register on published the document on its Web site 46 industries in NAICS Sector 11 that July 18, 2008 (73 FR 41237). at www.sba.gov/size for public review are currently set by statute at $750,000 SBA recognizes that changes in and comment and also included it as a in average annual receipts. SBA also did industry structure and the Federal supporting document in the electronic not review the 500-employee based size marketplace since the last overall docket of the September 11, 2012 standard for NAICS 113310, Logging, review have rendered existing size proposed rule at www.regulations.gov. but will review it in the near future with standards for some industries no longer When evaluating an industry’s size other employee based size standards. supportable by current data. standard, SBA examines its DATES: This rule is effective July 22, Accordingly, in 2007, SBA began a characteristics (such as average firm 2013. comprehensive review of its size size, startup costs, industry competition, standards to determine whether they are and distribution of firms by size) and FOR FURTHER INFORMATION CONTACT: supportable by current data, and to the level and small business share of Jorge Laboy-Bruno, Economist, Size revise them, where necessary. Federal contract dollars in that industry. Standards Division, by phone at (202) In addition, on September 27, 2010, SBA also examines the potential impact 205–6618 or by email at the President of the United States signed a size standard revision might have on [email protected]. the Small Business Jobs Act of 2010 its financial assistance programs and SUPPLEMENTARY INFORMATION: (Jobs Act). The Jobs Act directs SBA to whether a business concern under a conduct a detailed review of all size revised size standard would be Introduction standards and to make appropriate dominant in its industry. SBA analyzed To determine eligibility for Federal adjustments to reflect market the characteristics of each industry in small business assistance programs, conditions. Specifically, the Jobs Act NAICS Sector 11, mostly using a special SBA establishes small business size requires SBA to conduct a detailed tabulation obtained from the U.S. definitions (referred to as size review of at least one-third of all size Bureau of the Census from its 2007 standards) for private sector industries standards during every 18-month period County Business Patterns and the 2007 in the United States. SBA’s existing size from the date of its enactment and Census of Agriculture from the National standards use two primary measures of review all size standards not less Agricultural Statistics Service (NASS). business size—average annual receipts frequently than once every 5 years NAICS Sector 11 is not covered by the and number of employees. Financial thereafter. Reviewing existing small Census Bureau’s Economic Census. (For assets, electric output, and refining business size standards and making a more detailed discussion, please see capacity are used as size measures for a appropriate adjustments based on 77 FR 55755). SBA also evaluated the few specialized industries. In addition, current data is also consistent with level and small business share of SBA’s Small Business Investment Executive Order 13563 on improving Federal contract dollars in each of those Company (SBIC), 7(a), and the Certified regulation and regulatory review. industries using the data from the U.S. Development Company (CDC or 504) Rather than review all size standards General Service Administration’s Loan Programs determine small at one time, SBA is considering groups Federal Procurement Data System— business eligibility using either the of related industries on a Sector by Next Generation (FPDS–NG) for fiscal industry based size standards or Sector basis. years 2008 to 2010. To evaluate the alternative net worth and net income As part of its comprehensive size impact of changes to size standards on based size standards. At the start of the standards review, SBA evaluated 16 its loan programs, SBA examined data current comprehensive size standards industries and two sub-industries on its own guaranteed loan programs for review, there were 41 different size (‘‘exceptions’’) in NAICS Sector 11, fiscal years 2008 to 2010.

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SBA’s ‘‘Size Standards Methodology’’ Management Services as ’’exceptions’’ NAICS 115111, Cotton Ginning provides a detailed description of to NAICS 115310, and the application of Two commenters representing analyses of various industry and the same size standard for them as for different trade associations of cotton program factors and data sources, and the rest of the NAICS 115310. ginners fully supported SBA’s proposal how the Agency uses the results to Summary of Comments to increase the size standard for NAICS derive size standards. In the proposed 115111, Cotton Ginning from $7 million rule, SBA detailed how it applied its SBA received 13 comments from 12 in average annual receipts to $10 ‘‘Size Standards Methodology’’ to respondents to the proposed rule. Ten of million. Both recognized that the review, and modify where necessary, the respondents offered support for the increased size standard accounts for the existing size standards for industries Agency’s efforts to update size changes in the structure of the industry, in NAICS Sector 11. SBA sought standards in NAICS Sector 11, and two such as changes in the marketplace, comments from the public on a number of the respondents commented about increased operation costs, and of issues about its ‘‘Size Standards issues not related to the proposed rule. technological changes. Methodology,’’ such as whether there More specifically, one commenter are alternative methodologies that SBA NAICS 115310—Forest Fire offered support for all SBA’s proposed should consider; whether there are Suppression and Fuels Management alternative or additional factors or data changes for evaluated industries under Services, Exceptions sources that SBA should evaluate; NAICS Sector 11; two supported the increase in size standards for NAICS Five commenters fully supported the whether SBA’s approach to establishing SBA’s proposal to retain the Forest Fire small business size standards makes 115111, Cotton Ginning, from $7 million to $10 million; and five offered Suppression and Fuels Management sense in the current economic Services as ‘‘exceptions’’ under NAICS environment; whether SBA’s support to retain the two sub-industries, 115310, Support Activities for Forestry, application of anchor size standards is Forest Fire Suppression and Fuels and their corresponding current size appropriate in the current economy; Management Services, as ‘‘exceptions standard of $17.5 million. whether there are gaps in SBA’s under NAICS 115310, Support Three commenters were small methodology because of the lack of Activities for Forestry; they also businesses that provide services in the comprehensive data; and whether there supported retaining the current $17.5 forest industry. These commenters are other facts or issues that SBA should million size standard for each of them advocated for retention of the $17.5 consider. even if the SBA’s analyses supported In the proposed rule, SBA sought lowering it. Additionally, one million size standard for the two sub- comments on its proposal to increase commenter, an association of dealers industries (i.e., exceptions) under the size standards for 11 industries and and manufacturers of agricultural NAICS 115310. One of the three agreed retain the existing size standards for the equipment, suggested examining their with SBA’s proposal to keep the $17.5 remaining five industries and two sub- industries as part of the evaluation of million size standard because it allows industries that were examined in NAICS size standards in NAICS Sector 11. for small businesses to average out good Sector 11. Specifically, SBA requested Finally, a hunter expressed concern years and bad years in revenues earned comments on whether the size with the indirect impact any proposed in this support service. standards should be revised as proposed changes to size standards may have on A logging organization, whose and whether the proposed revisions are deer hunting regulations. All comments membership includes wildland appropriate. SBA also invited comments to the proposed rule for NAICS Sector firefighting organizations, also on whether its proposed eight fixed 11 are available for public review at commented in support of SBA’s proposal. The association added that levels for receipts based size standards http://www.regulations.gov, using RIN most of its members are small and are appropriate and whether it should 3245–AG30 or docket number SBA– family owned operations who offered adopt common size standards for certain 2012–0003. These comments are their support for keeping the current Industry Groups and Subsectors in summarized in more detail below. NAICS Sector 11. $17.5 million size standard. SBA’s analyses supported lower size General Support to the Proposed Rule SBA agrees with these commenters. standards for four industries and two SBA considers that the numerical sub-industries in NAICS Sector 11. One commenter generally supported results of these two sub-industries in the However, as explained in the proposed the size standards review and proposed rule reflected the decreases in rule, SBA did not propose to lower them rulemaking process and changes to size numbers of fires and consequent in view of the current economic standards being considered by SBA. reductions in payments to contractors environment because lowering size Specifically, the commenter supported during fiscal years 2008–2010 as standards would reduce the number of the SBA’s proposal to simplify size compared to previous years. Given the firms eligible to participate in Federal standards by basing them on eight fixed inherent uncertainty of occurrences of small business assistance programs, levels, because that will provide forest fires, SBA believes that which could adversely affect those firms regulatory certainty to small business contracting officers need flexibility to that would no longer qualify as small, concerns under NAICS Sector 11. hire small businesses, especially in the and would be counter to what the Second, he supported SBA’s proposal to worst case scenario. In a very active fire Federal government and SBA are doing retain the current size standards for the season, size of payments can easily to help small businesses and create jobs. four industries and two sub-industries support the $17.5 million size standard Therefore, SBA proposed to retain the under NAICS Sector 11 for which SBA’s for Fire Suppression Services. current size standards for those analysis could support lowering them. Two associations representing several industries and sub-industries and Finally, the commenter expressed companies that primarily deal with requested comments on whether the unqualified support for SBA’s analysis fuels management and fire suppression Agency should lower them based on its in this proposed rulemaking in support services to the forest industry analyses. In addition, SBA requested particular and support for SBA’s also urged SBA to retain its current comments on the elimination of the continued efforts to assist small $17.7 million size standard for these Forest Fire Suppression and Fuel businesses in general. support services. One of these

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organizations included a large volume SBA does not accept the commenter’s size standards review, SBA will of contract documents and some recommendations in this final rule for evaluate these industries, along with statistical information to support its three reasons. First, there is a single other other industries in those sectors, advocacy for its members. 100-employee size standard for all and publish a proposed rule for Therefore, SBA is retaining Forest industries in NAICS Sector 42, comments in the near future. Fire Suppression and Fuels Wholesale Trade, except for purposes of Finally, a commenter that identified Management Services as exceptions Federal government procurement when herself as a hunter expressed concern under NAICS 115310 and their current the 500-employee size standard applies over the possible increase in cost to $17.5 million size standard. under the non-manufacturer rule (see 13 obtain deer hunting permits because of CFR 121.402(b)). Similarly, for NAICS the increases of small business size Other Issues Not Related to the 333111, the size standard is 500 standards in NAICS Sector 11. SBA Proposed Rule for NAICS Sector 11 employees. Second, the association cannot respond to this comment One commenter, representing a recommended receipts based size because the Agency does not establish, national association of farm and outdoor standards for both NAICS industries modify, or clarify deer hunting equipment dealers and manufacturers, (NAICS 333111 and NAICS 423820). regulations. SBA’s size standards only expressed concern with the impact the However, SBA uses the number of applies to Federal contracting and other proposed size standards revisions might employees as the basis of size standards SBA’s programs and services targeted to have on its members. The members of for all industries in the manufacturing small businesses, including guaranteed the association represent two industries: and wholesale trade sectors (see SBA’s loans. NAICS 333111, Farm Machinery and ‘‘Size Standards Methodology,’’ referred Equipment Manufacturing, and NAICS above and in the propoposed rule). Conclusion 423820, Farm and Garden Machinery Third, these industries are not part of Based on the analyses of relevant and Equipment Merchant Wholesalers. NAICS Sector 11. The first industry industry and program data and there The commenter suggested that SBA (NAICS 333111) is part of NAICS sector being no public comments against the should consider examining the size 31–33, Manufacturing, and the second proposed rule, SBA has decided to standards for these industries as part of industry (NAICS 423820) is part of increase the small business size the review of size standards for NAICS NAICS 42, Wholesale Trade. Detailed standards for the 11 industries, as Sector 11. The commenter information about definitions of proposed. These industries and their recommended different receipts based industries under NAICS can be found at revised size standards are shown in size standards for various agricultural http://www.census.gov/eos/www/naics/. Table 1, Summary of Revised Size equipment and machinery dealerships. As part of its ongoing comprehensive Standards in NAICS Sector 11, below.

TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SECTOR 11

Current size Revised size NAICS NAICS industry title standard standard code ($ million) ($ million)

112112 ...... Cattle Feedlots ...... $2.0 $7.0 112310 ...... Chicken Egg Production ...... $12.5 $14.0 113110 ...... Timber Tract Operations ...... $7.0 $10.0 113210 ...... Forest Nurseries and Gathering of Forest Products ...... $7.0 $10.0 114111 ...... Finfish Fishing ...... $4.0 $19.0 114112 ...... Shellfish Fishing ...... $4.0 $5.0 114119 ...... Other Marine Fishing ...... $4.0 $7.0 114210 ...... Hunting and Trapping ...... $4.0 $5.0 115111 ...... Cotton Ginning ...... $7.0 $10.0 115114 ...... Postharvest Crop Activities (Except Cotton Ginning) ...... $7.0 $25.5 115115 ...... Farm Labor Contractors and Crew Leaders ...... $7.0 $14.0

For the reasons as stated above in this 6, 2010)); NAICS Sector 72, NAICS Sector 62, Health Care and rule and in the proposed rule, SBA is Accommodation and Food Services (75 Social Assistance (77 FR 58755 retaining the current size standards for FR 61604 (October 6, 2010)); NAICS (September 24, 2012)). In each of those the four industries and two sub- Sector 81, Other Services (75 FR 61591 final rules, SBA retained the existing industries for which analytical results (October 6, 2010)); NAICS Sector 54, size standards for those that it could suggested the Agency could lower their Professional, Scientific and Technical have reduced. SBA is also retaining the size standards. Those six size standards Services (77 FR 7490 (February 10, existing size standard for one industry are the following: NAICS 115112, Soil 2012)); NAICS Sector 48–49, in NAICS Sector 11 for which the Preparation, Planting, and Cultivation; Transportation and Warehousing (77 FR results supported it at the current level, NAICS 115116, Farm Management 10943 (February 24, 2012)); NAICS namely, NAICS 115113, Crop Services; NAICS 115210, Support Sector 51, Information (77 FR 72702 Harvesting, Primarily by Machine. Activities for Animal Production; (December 6, 2012)); NAICS Sector 53, NAICS 115310, Support Activities for Real Estate and Rental and Leasing (77 Forestry; and the two exceptions to FR 88747 (September 24, 2012)); NAICS NAICS 115310, namely, Forest Fire Sector 56, Administrative and Support, Protection and Fuels Management Waste Management and Remediation Services. This is consistent with SBA’s Services (77 FR 72691 (December 6, recent final rules on NAICS Sector 44– 2012)); NAICS 61, Educational Services 45, Retail Trade (75 FR 61597 (October (77 FR 58739 (September 24, 2012)); and

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Compliance With Executive Orders Business Zones (HUBZone), women- SBA can now guarantee substantially 12866, 13563, 12988, and 13132, the owned small businesses (WOSB), larger loans than in the past. In Paperwork Reduction Act (44 U.S.C. economically disadvantaged women- addition, the Jobs Act established an Ch. 35), and the Regulatory Flexibility owned small businesses (EDWOSB), and alternative size standard for SBA’s 7(a) Act (5 U.S.C. 601–612) service-disabled veteran-owned small and 504 Loan Programs for those Executive Order 12866 businesses (SDVOSB). These programs applicants that do not meet the size assist small businesses to become more standards for their industries. That is, The Office of Management and Budget knowledgeable, stable, and competitive. under the Jobs Act, if a firm applies for (OMB) has determined that this final Other Federal agencies may also use a 7(a) or 504 loan but does not meet the rule is not a ‘‘significant regulatory SBA’s size standards for a variety of size standard for its industry, it might action’’ for purposes of Executive Order regulatory and program purposes. In the still qualify if, including its affiliates, it 12866. To help explain the need of this 11 industries in NAICS Sector 11 for has a tangible net worth that does not rule and the rule’s potential benefits and which SBA has increased size exceed $15 million and also has average costs, SBA is providing below a Cost standards, SBA estimates that more than net income after Federal income taxes Benefit Analysis. This is also not a 7,800 additional firms, not small under (excluding any carry-over losses) for its ‘‘major rule’’ under the Congressional the current size standards, will obtain preceding two completed fiscal years Review Act (5 U.S.C. 801). small business status and become that do not exceed $5 million. Thus, Cost Benefit Analysis eligible for these programs. That is SBA finds it difficult to quantify the about 17 percent of the total number of actual impact of the revised size 1. Is there a need for the regulatory total firms that are classified as small standards on its 7(a) and 504 Loan action? under the current standards in all Programs. The revised small business size industries in NAICS Sector 11 that are Newly defined small businesses will standards for 11 industries in NAICS covered by this final rule. SBA estimates also benefit from SBA’s Economic Injury Sector 11, Agriculture, Forestry, Fishing this will increase the small business Disaster Loan (EIDL) Program. Since this and Hunting, reflect the changes in share of total industry receipts in those program is contingent on the occurrence economic characteristics of small industries from about 78.4 percent and severity of one or more disasters, businesses and the Federal procurement under the current size standards to 79.1 SBA cannot make a meaningful estimate market. SBA’s mission is to aid and percent under the revised size of this impact. assist small businesses through a variety standards. To the extent that those 7,800 newly of financial, procurement, business Three groups will benefit from the defined additional small firms under the development, and advocacy programs. revised size standards in NAICS Sector revised size standards become active in To assist the intended beneficiaries of 11 in the following ways: (1) Some Federal procurement programs, the these programs, SBA establishes distinct businesses that are above the current revisions to size standards may entail definitions to determine which size standards may gain small business some additional administrative costs to businesses are deemed small. The Small status under the higher size standards, the Federal Government associated with Business Act delegates to SBA’s thereby enabling them to participate in there being more bidders for Federal Administrator the responsibility for Federal small business assistance small business procurement establishing small business size programs; (2) growing small businesses opportunities. In addition, there will be definitions (15 U.S.C. 632(a)). The Act that are close to exceeding the current more firms seeking SBA’s guaranteed also requires that small business size size standards will be able to retain their loans, more firms eligible for enrollment definitions vary to reflect industry small business status under the higher in the System for Award Management differences. The Jobs Act requires the size standards, thereby enabling them to (SAM) database, more firms seeking Administrator to review at least one- continue their participation in the certification for the 8(a) or HUBZone third of all size standards within each programs; and (3) Federal agencies will Programs and more firms qualifying for 18-month period from the date of its have a larger pool of small businesses WOSB, EDWOSB and SDVOSB status. enactment, and review all size standards from which to draw for their small Among those newly defined businesses at least every five years thereafter. The business procurement programs. seeking SBA’s assistance, there could be supplementary information sections of SBA estimates that additional firms some additional costs associated with the September 11, 2012 (77 FR 55755) gaining small business status in those compliance and verification of small proposed rule and this final rule industries under the revised size business status and protests of small explained the SBA’s methodology for standards could potentially obtain business status. However, SBA believes analyzing a size standard for a particular Federal contracts totaling $7 million to these added administrative costs are industry. $12 million annually under SBA’s small likely to be minimal because business, 8(a), HUBZone, WOSB, mechanisms are already in place to 2. What are the potential benefits and EDWOSB and SDVOSB Programs, and handle these requirements. costs of this regulatory action? other unrestricted procurements. The Additionally, Federal government The most significant benefit to added competition for many of these contracts may have higher costs under businesses obtaining small business procurements can also result in lower the higher revised size standards. With status because of this rule is gaining prices to the Government for a greater number of businesses defined eligibility for Federal small business procurements reserved for small as small, Federal agencies may choose assistance programs. These include businesses, although SBA cannot to set aside more contracts for SBA’s financial assistance programs and quantify this benefit. competition among small businesses Federal procurement programs reserved Under SBA’s 7(a) and 504 Loan rather than using full and open for small businesses. Federal Programs, based on the data for fiscal competition. The movement from procurement programs provide targeted years 2008 to 2010, SBA estimates about unrestricted to set-aside contracting opportunities for small businesses 32 additional loans totaling about $7 might result in competition among under SBA’s business development million could be made to additional fewer total bidders, although there will programs, such as 8(a), small businesses firms that could become small under the be more small businesses eligible to located in Historically Underutilized revised standards. Under the Jobs Act, submit offers. In addition, higher costs

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may result when more full and open Executive Order 13563 existing rules. The last overall review of contracts are awarded to HUBZone A description of the need for this size standards occurred during the late businesses because of a price evaluation regulatory action and benefits and costs 1970s and early 1980s. Since then, preference. The additional costs associated with this action including except for periodic adjustments for associated with fewer bidders, however, possible distributional impacts that monetary based size standards, most will likely be minor since, by law, relate to Executive Order 13563 are reviews of size standards were limited procurements may be set aside for small included above in the Cost Benefit to a few specific industries in response businesses or reserved for the small Analysis. to requests from the public and Federal business, 8(a), HUBZone, WOSB, In an effort to engage interested agencies. SBA recognizes that changes EDWOSB, or SDVOSB Programs only if parties in this regulatory action, SBA in industry structure and the Federal awards are expected to be made at fair presented its methodology (discussed marketplace since the last overall and reasonable prices. above under Supplementary review have rendered existing size The revised size standards may have Information in the propsed rule and this standards for some industries no longer some distributional effects among large final rule) to various industry supportable by current data. and small businesses. Although SBA associations and trade groups. SBA also Accordingly, in 2007, SBA began a cannot estimate with certainty the met with various industry groups to get comprehensive size standards review to actual outcome of the gains and losses their feedback on its methodology and ensure that they are supportable, and to among small and large businesses, it can other size standards issues. In addition, revise them, where necessary. In identify several proabable impacts. SBA presented its size standards addition, the Jobs Act requires SBA to There may be a transfer of some Federal methodology to businesses in 13 cities conduct a detailed review of all size contracts to small businesses from large in the U.S. and sought their input as standards and to make appropriate businesses. Large businesses may have part of the Jobs Act tours. The adjustments to reflect market fewer Federal contract opportunities as presentation included information on conditions. Specifically, the Jobs Act Federal agencies decide to set aside the latest status of the comprehensive requires SBA to conduct a detailed more Federal contracts for small size standards review and how review of at least one-third of all size businesses. In addition, some Federal interested parties can provide SBA with standards during every 18-month period agencies may award more Federal input and feedback on the size from the date of its enactment and contracts to HUBZone concerns instead standards review. Moreover, SBA review all size standards not less of large businesses since HUBZone presented the same information to frequently than once every 5 years concerns may be eligible for price Department of Defense (DoD) thereafter. evaluation adjustments when they contracting personnel at their annual Executive Order 12988 compete on full and open bidding training session. It included updates on This action meets applicable opportunities. Similarly, some currently what size standards rules SBA was standards set forth in Sections 3(a) and defined small businesses may obtain currently reviewing and plans to review 3(b)(2) of Executive Order 12988, Civil fewer Federal contracts due to the in the future. This is important because Justice Reform, to minimize litigation, increased competition from more DoD contracting provides the greatest eliminate ambiguity, and reduce businesses defined as small under the opportunities for and awards to small burden. The action does not have revised size standards. This transfer businesses. retroactive or preemptive effect. may be offset by more Federal Furthermore, when SBA issued the procurements being set aside for all proposed rule, it notified individuals, Executive Order 13132 small businesses. The number of newly government procurement personnel, For purposes of Executive Order defined and expanding small businesses and companies that had in recent years 13132, SBA has determined that this that are willing and able to sell to the exhibited an interest by letter, email, or final rule will not have substantial, Federal Government will limit the phone, in size standards for NAICS direct effects on the States, on the potential transfer of contracts away from Sector 11 so they could comment. relationship between the national large and small businesses under the Additionally, SBA sent letters to the government and the States, or on the existing size standards. SBA cannot Directors of the Offices of Small and distribution of power and estimate with precision the potential Disadvantaged Business Utilization responsibilities among the various distributional impacts of these transfers. (OSDBU) at several Federal agencies levels of government. Therefore, SBA The revisions to the existing size with considerable procurement has determined that this final rule has standards in NAICS Sector 11, responsibilities requesting their no Federalism implications warranting Agriculture, Forestry, Fishing and feedback on how the agencies use SBA’s preparation of a Federalism assessment. Hunting, are consistent with SBA’s size standards and whether current statutory mandate to assist small standards meet their programmatic Paperwork Reduction Act business. This regulatory action needs (both procurement and non- For purposes of the Paperwork promotes the Administration’s procurement). SBA gave appropriate Reduction Act, 44 U.S.C. Ch. 35, SBA objectives. One of SBA’s goals in consideration to all input, suggestions, has determined that this final rule will support of the Administration’s recommendations, and relevant not impose any new reporting or record objectives is to help individual small information obtained from industry keeping requirements. businesses succeed through fair and groups, individual businesses, and equitable access to capital and credit, Federal agencies in preparing the Final Regulatory Flexibility Analysis Government contracts, and management proposed rule and this final rule for Under the Regulatory Flexibility Act and technical assistance. Reviewing and NAICS Sector 11. (RFA), this final rule may have a modifying size standards, when The review of size standards in significant impact on a substantial appropriate, ensures that intended NAICS Sector 11, Agriculture, Forestry, number of small entities in NAICS beneficiaries have access to small Fishing and Hunting, is consistent with Sector 11, Agriculture, Forestry, Fishing business programs designed to assist Executive Order 13563, Section 6, and Hunting. As described above, this them. calling for retrospective analyses of final rule may affect small entities

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seeking Federal contracts, SBA’s 7(a), businesses to retain their small business standards are not appropriate for their 504 and economic injury disaster loans, status for a longer period. Many firms programs, with the approval of SBA’s and various small business benefits may have lost their eligibility and find Administrator (13 CFR 121.903). The under other Federal programs. it difficult to compete at current size Regulatory Flexibility Act authorizes an Immediately below, SBA sets forth a standards with companies that are Agency to establish an alternative small final regulatory flexibility analysis significantly larger than they are. SBA business definition, after consultation (RFA) of this final rule addressing the believes the competitive impact will be with the Office of Advocacy of the U.S. following questions: (1) What are the positive for existing small businesses Small Business Administration (5 U.S.C. need for and objective of the rule? (2) and for those that exceed the size 601(3)). What are SBA’s description and standards but are on the very low end 5. What alternatives will allow the estimate of the number of small of those that are not small. They might Agency to accomplish its regulatory businesses to which the rule will apply? otherwise be called or referred to as objectives while minimizing the impact (3) What are the projected reporting, mid-sized businesses, although SBA on small entities? record keeping, and other compliance only defines what is small; other entities requirements of the rule? (4) What are are other than small. By law, SBA is required to develop the relevant Federal rules that may numerical size standards for 3. What are the projected reporting, duplicate, overlap, or conflict with the establishing eligibility for Federal small record keeping and other compliance rule? and (5) What alternatives will business assistance programs. Other requirements of the rule? allow the Agency to accomplish its than varying size standards by industry regulatory objectives while minimizing Revising size standards does not and changing the size measures, no the impact on small entities? impose any additional reporting or practical alternative exists to the record keeping requirements on small existing system of numerical size 1. What are the need for and objective entities. However, qualifying for Federal standards. The possible alternative size of the rule? procurement and a number of other standards considered for the individual Changes in industry structure, programs requires that entities register industries within NAICS Sector 11 are technological changes, productivity in the SAM database and certify at least discussed in the supplementary growth, mergers and acquisitions and once annually that they are small. information to the proposed rule and updated industry definitions have Therefore, businesses opting to this final rule. changed the structure of many participate in those programs must industries in NAICS Sector 11. Such comply with SAM requirements. There List of Subjects in 13 CFR Part 121 changes can be sufficient to support are no costs associated with SAM Administrative practice and revisions to current size standards for registration or certification. Revising procedure, Government procurement, some industries. Based on the analysis size standards alters the access to Government property, Grant programs— of the latest data available, SBA believes Federal programs that assist small business, Individuals with disabilities, that the revised size standards in this businesses, but they neither impose a Loan programs—business, Reporting final rule more appropriately reflect the regulatory burden nor regulate nor and recordkeeping requirements, Small size of businesses in those industries control business behavior. businesses. that need Federal assistance. For the reasons set forth in the Additionally, the Jobs Act also requires 4. What are the relevant Federal rules preamble, SBA amends 13 CFR part 121 SBA to review all size standards and which may duplicate, overlap, or as follows: make appropriate adjustments to reflect conflict with the rule? current data and market conditions. Under section 3(a)(2)(C) of the Small PART 121—SMALL BUSINESS SIZE Business Act, 15 U.S.C. 632(a)(2)(c), REGULATIONS 2. What are SBA’s description and Federal agencies must use SBA’s size estimate of the number of small entities standards to define a small business, ■ to which the rule will apply? 1. The authority citation for part 121 unless specifically authorized by statute is revised to read as follows: SBA estimates that more than 7,800 to do otherwise. In 1995, SBA published additional firms will become small in the Federal Register a list of statutory Authority: 15 U.S.C. 632, 634(b)(6), 662, and 694a(9). because of increases in size standards in and regulatory size standards that 11 industries in NAICS Sector 11. That identified the application of SBA’s size ■ 2. In § 121.201, in the table, revise the represents 17 percent of total firms that standards as well as other size standards entries for ‘‘112112’’, ‘‘112310’’, are small under current size standards used by Federal agencies (60 FR 57988 ‘‘113110’’, ‘‘113210’’, ‘‘114111’’, in all industries covered by this final (November 24, 1995)). SBA is not aware ‘‘114112’’, ‘‘114119’’, ‘‘114210’’, rule. This will result in an increase in of any Federal rule that would duplicate ‘‘115111’’, ‘‘115114’’, and ‘‘115115’’ to the small business share of total or conflict with establishing size read as follows: industry receipts in those industries standards. from 78.4 percent under the current size However, the Small Business Act and § 121.201 What size standards has SBA standard to 79.1 percent under the SBA’s regulations allow Federal identified by North American Industry revised size standards. The revised size agencies to establish different size Classification System codes? standards will enable more small standards if they believe that SBA’s size * * * * *

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SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards Size standards NAICS code NAICS U.S. industry title in millions of in number of dollars employees

******* 112112 ...... Cattle Feedlots ...... $7.0 ......

******* 112310 ...... Chicken Egg Production ...... $14.0 ......

******* 113110 ...... Timber Tract Operations ...... $10.0 ...... 113210 ...... Forest Nurseries and Gathering of Forest Products ...... $10.0 ......

******* 114111 ...... Finfish Fishing ...... $19.0 ...... 114112 ...... Shellfish Fishing ...... $5.0 ...... 114119 ...... Other Marine Fishing ...... $7.0 ...... 114210 ...... Hunting and Trapping ...... $5.0 ......

******* 115111 ...... Cotton Ginning ...... $10.0 ......

******* 115114 ...... Postharvest Crop Activities (except Cotton Ginning) ...... $25.5 ...... 115115 ...... Farm Labor Contractors and Crew Leaders ...... $14.0 ......

*******

Dated: June 13, 2013. that Sector have employee based size separate rule. As a result, the title of the Karen G. Mills, standards which SBA will review in the proposed rule was clarified to read: Administrator. near future with other employee based ‘‘Small Business Size Standards: [FR Doc. 2013–14711 Filed 6–19–13; 8:45 am] size standards. Support Activities for Mining.’’ 77 FR BILLING CODE 8025–01–P DATES: This rule is effective July 22, 72766 (December 6, 2012). We believed 2013. that this title change would make it easier for affected parties to recognize SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Carl the rule when it was published, Jordan, Program Analyst, Office of Size understand the scope of its coverage, 13 CFR Part 121 Standards, by phone at (202) 205–6618 and also engender more public or by email at [email protected]. comment and involvement. RIN 3245–AG44 SUPPLEMENTARY INFORMATION: To determine eligibility for Federal small business assistance programs, Small Business Size Standards: Introduction Support Activities for Mining SBA establishes small business size In an effort to eliminate possible definitions (referred to as size AGENCY: U.S. Small Business public confusion, SBA would like to standards) for private sector industries Administration. explain the changes made to the title of in the United States. SBA’s current size ACTION: Final rule. this rule. When SBA initially standards use two primary measures of announced in the Fall 2012 Unified business size—average annual receipts SUMMARY: The United States Small Agenda of Federal Regulatory and and average number of employees. Business Administration (SBA) is Deregulatory Actions, 78 FR 1636 at Financial assets, electric output and increasing the small business size 1639 (January 8, 2013) (Item #390) that refining capacity are used as size standards for three of the four industries it intended to propose this rule, it was measures for a few specialized in North American Industry titled ‘‘Small Business Size Standards: industries. In addition, SBA’s Small Classification System (NAICS) Mining, Quarrying, and Oil and Gas Business Investment Company (SBIC), Subsector 213, Support Activities for Extraction’’ under Regulatory 7(a), and the Certified Development Mining, that are based on average Information Number (RIN) 3245–AG44. Company (CDC or 504) Loan Programs annual receipts. As part of its ongoing This title was based on the one for determine small business eligibility comprehensive size standards review, Sector 21 of the Small Business Size using either the industry based size SBA evaluated the four receipts based Standards by NAICS Industry. However, standards or alternative net worth and standards in NAICs Subsector 213 under SBA later concluded that this title was net income based size standards. At the NAICS Sector 21, Mining, Quarrying, a misnomer since this rule only covers start of the current comprehensive size and Oil and Gas Extraction, to the four revenue based size standards standards review, there were 41 determine whether the current size under Subsector 213, Support Activities different size levels, covering 1,141 standards should be retained or revised. for Mining and not the entire Sector 21. NAICS industries and 18 sub-industry Within NAICS Sector 21, only NAICS The rest of the size standards in NAICS activities (i.e., ‘‘exceptions’’ in SBA’s Subsector 213 has receipts based size Sector 21 are employee-based size table of size standards). Of these, 31 standards. The rest of the industries in standards and will be addressed in a were based on average annual receipts,

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seven based on number of employees, retained or revised. After its evaluation, should consider; whether there are and three based on other measures. on December 6, 2012, SBA published a alternative or additional factors or data Presently, there are a total of 1,031 size proposed rule in the Federal Register sources that SBA should evaluate; standards, 516 of which are based on (77 FR 72766) seeking public comment whether SBA’s approach to establishing average annual receipts, 499 on number on its proposal to increase three of the small business size standards makes of employees, 10 on megawatt hours, four receipts based size standards in sense in the current economic and six on average assets. that Subsector. The comment period environment; whether SBA’s Over the years, SBA has received ended on February 4, 2013. The applications of anchor size standards comments that its size standards have proposed rule was one of the rules that are appropriate in the current economy; not kept up with changes in the will examine industries grouped by a whether there are gaps in SBA’s economy, in particular the changes in NAICS Sector. methodology because of the lack of the Federal contracting marketplace and In conjunction with the current complete data; and whether there are industry structure. The last comprehensive size standards review, other facts or issues that SBA should comprehensive review of size standards SBA developed a ‘‘Size Standards consider. occurred during the late 1970s and early Methodology’’ for establishing, SBA sought comments on its proposal 1980s. Since then, most reviews of size reviewing, and modifying size to increase the size standards for three standards were limited to a few specific standards, where necessary. SBA industries and retain the existing size industries in response to requests from published the document on its Web site standard for the remaining one industry the public and Federal agencies. SBA at www.sba.gov/size for public review in NAICS Subsector 213. Specifically, also makes periodic inflation and comment, and included it as a SBA requested comments on whether adjustments to its monetary based size supporting document in the electronic the size standards should be revised as standards. The latest inflation docket of the December 6, 2012 proposed and whether the proposed adjustment to size standards was proposed rule at www.regulations.gov. revisions are appropriate. SBA also published in the Federal Register on In evaluating an industry’s size invited comments on whether its July 18, 2008 (73 FR 41237). standard, SBA examines its proposed eight fixed levels for receipts SBA recognizes that changes in characteristics (such as average firm based size standards are appropriate. industry structure and the Federal size, startup costs, industry competition, marketplace since the last and distribution of firms by size) and Summary of Comments comprehensive size standards review the level and small business share of SBA received only one comment to have rendered existing size standards Federal contract dollars in that industry. the proposed rule. The commenter for some industries no longer SBA also examines the potential impact suggested that $7 million should be the supportable by current data. a size standard revision might have on limit of a small business definition and Accordingly, in 2007, SBA began a its financial assistance programs and anything larger than that, such as that comprehensive review of its size whether a business concern under a SBA’s proposed $35.5 million size standards to determine whether existing revised size standard would be standard for NAICS 213112 (Support size standards have supportable bases dominant in its industry. To develop the Activities for Oil and Gas Operations) relative to the current data, and to revise proposed rule, SBA analyzed the should be treated as a large business. them, where necessary. characteristics of each industry in The commenter did not provide any In addition, on September 27, 2010, NAICS Subsector 213, mostly using a supporting data or analysis for his the President of the United States signed special tabulation obtained from the argument. the Small Business Jobs Act of 2010 U.S. Bureau of the Census from its 2007 SBA disagrees with the commenter’s (Jobs Act). The Jobs Act directs SBA to Economic Census (the latest available). suggestion for two reasons. First, the conduct a detailed review of all size To examine the Federal marketplace, Small Business Act (15 U.S.C. 632(a)) standards and to make appropriate SBA evaluated the level and small (Act) requires that small business size adjustments to reflect market business share of Federal contract definitions vary to reflect industry conditions. Specifically, the Jobs Act dollars in each of those industries using differences. Thus, a single size standard requires SBA to conduct a detailed the data from the Federal Procurement of $7 million or less across the board review of at least one-third of all size Data System—Next Generation (FPDS– would be inconsistent with the Act. standards during every 18-month period NG) for fiscal years 2008 to 2010. To Second, SBA’s analyses of relevant from the date of its enactment and evaluate the impact of changes to size industry and Federal market data using review all size standards no less standards on its loan programs, SBA its ‘‘Size Standards Methodology’’ show frequently than once every 5 years analyzed internal data on its guaranteed significant differences among industries, thereafter. Reviewing existing small loan programs for fiscal years 2009 to supporting a $7 million or lower size business size standards and making 2011. standard for some industries and higher appropriate adjustments based on SBA’s ‘‘Size Standards Methodology’’ size standards for others. Therefore, current data is also consistent with provides a detailed description of SBA is adopting the size standards Executive Order 13563 on improving analyses of various industry and increases in NAICS Subsector 213, as regulation and regulatory review. program factors and data sources, and proposed. Rather than review all size standards how the Agency uses the results to The comment to the proposed rule is at one time, SBA is reviewing a group derive size standards. In the proposed available for public review at http:// of related industries on a Sector by rule, SBA detailed how it applied its www.regulations.gov. Sector basis. ‘‘Size Standards Methodology’’ to Conclusion: As part of SBA’s comprehensive size review, and modify, where necessary, Based on the analyses of relevant standards review, the Agency evaluated the existing standards for industries in industry and program data and the four industries with receipts based NAICS Subsector 213. SBA sought evaluation of one public comment it size standards in NAICS Subsector 213, comments from the public on a number received on the proposed rule, as Support Activities for Mining within of issues about its ‘‘Size Standards discussed above, SBA has decided to NAICS Sector 23, to determine whether Methodology,’’ such as whether there increase the small business size their existing size standards should be are alternative methodologies that SBA standards for the three industries in

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NAICS Subsectors 213, as proposed. Revised Size Standards in NAICS These industries and their revised size Subsector 213, below. standards are in Table 1, Summary of

TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SUBSECTOR 213

Current size Proposed size NAICS NAICS industry title standard standard code ($ million) ($ million)

213112 ...... Support Activities for Oil and Gas Operations ...... $7.0 $35.5 213113 ...... Support Activities for Coal Mining ...... $7.0 $19.0 213114 ...... Support Activities for Metal Mining ...... $7.0 $19.0

SBA is retaining the $7 million size 632(a)). The Act also requires that small this will increase the small business standard for NAICS 213115, Support business size definitions vary to reflect share of total industry receipts in those Activities for Nonmetallic Minerals industry differences. The Jobs Act industries from about 13 percent under (except Fuels). NAICS Subsector 213 requires the Administrator to review at the current size standards to nearly 25 has one industry, namely NAICS 213111 least one-third of all size standards percent under the revised size (Drilling Oil and Gas Wells), that has an within each 18-month period from the standards. employee based size standard, which date of its enactment, and review all Three groups will benefit from the SBA will review later with other size standards at least every five years revised size standards in NAICS employee based size standards in Sector thereafter. The supplementary Subsector 213 in the following ways: (1) 21. Until then the current 500-employee information sections of the December 6, Some businesses that are above the size standard will remain valid for that 2012 proposed rule and this final rule current size standards may gain small industry. explained the SBA’s methodology for business status under the higher size analyzing a size standard for a particular standards, becoming eligible to Compliance With Executive Orders industry. participate in Federal small business 12866, 13563, 12988, and 13132, the assistance programs; (2) growing small Paperwork Reduction Act (44 U.S.C. 2. What are the potential benefits and businesses that are close to exceeding Ch. 35), and the Regulatory Flexibility costs of this regulatory action? the current size standards will be able Act (5 U.S.C. 601–612) The most significant benefit to to retain their small business status Executive Order 12866 businesses obtaining small business under the higher size standards, being status because of this rule is gaining able to continue their participation in The Office of Management and Budget eligibility for Federal small business the programs; and (3) Federal agencies (OMB) has determined that this final assistance programs. These include will have a larger pool of small rule is not a ‘‘significant regulatory SBA’s financial assistance programs and businesses from which to draw for their action’’ for purposes of Executive Order Federal procurement programs reserved small business procurement programs. 12866. To help explain the need of this for small businesses. Federal small Because of limited Federal contracting rule and the rule’s potential benefits and business programs provide targeted activities in those industries, the revised costs, SBA is providing below a Cost opportunities for small businesses increases in size standards in the three Benefit Analysis. This is also not a under SBA’s business development industries in NAICS Subsector 213 will ‘‘major’’ rule, under the Congressional programs, such as 8(a), Small cause very minimal impact on Federal Review Act, 5 U.S.C. 801, et. seq. Disadvantaged Businesses (SDB), small contracting programs under SBA’s small Cost Benefit Analysis businesses located in Historically business, 8(a), SDB, HUBZone, WOSB, Underutilized Business Zones EDWOSB and SDVOSB Programs, and 1. Is there a need for the regulatory (HUBZone), women-owned small other unrestricted procurements. action? businesses (WOSB), economically Under SBA’s 7(a) and 504 Loan SBA believes that the changes to disadvantaged women-owned small Programs, based on the 2009–2011 data, small business size standards for three businesses (EDWOSB), and service- SBA estimates about five additional industries in NAICS Subsector 213, disabled veteran-owned small loans totaling about $2 million to $3 Support Activities for Mining within businesses (SDVOSB). These programs million in Federal loan guarantees could NAICS Sector 23, reflect changes in the assist small businesses to become more be made to these newly defined small economic characteristics of small knowledgeable, stable, and competitive. businesses under the revised size businesses and the Federal procurement Other Federal agencies may also use standards. Increasing the size standards market in these industries. SBA’s SBA’s size standards for a variety of will likely result in more small business mission is to aid and assist small other regulatory and program purposes. guaranteed loans to businesses in these businesses through a variety of In the three industries in NAICS industries, but it is be impractical to try financial, procurement, business Subsector 213 for which SBA is to estimate exactly the number and total development, and advocacy programs. increasing size standards, more than 475 amount of loans. There are two reasons To assist the intended beneficiaries of firms that are above the current size for this: (1) Under the Jobs Act, SBA can these programs, SBA establishes distinct standards will become small under the now guarantee substantially larger loans definitions to determine which revised size standards and eligible for than in the past; and, (2) the Jobs Act businesses are small and eligible for these programs. That number is about established an alternative size standard them. The Small Business Act delegated 8.5 percent of total firms that are ($15 million in tangible net worth and to SBA’s Administrator the classified as small under the current $5 million in net income after income responsibility for establishing small size standards in all industries in taxes) for business concerns that do not business size definitions (15 U.S.C. NAICS Subsector 213. SBA estimates meet the size standards for their

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industry. Therefore, SBA finds it (OSDBU) at several Federal agencies distribution of power and difficult to quantify the actual impact of with considerable procurement responsibilities among the various these revised size standards on its 7(a) responsibilities requesting their levels of government. Therefore, SBA and 504 Loan Programs. feedback on how the agencies use SBA’s has determined that this final rule has Newly defined small businesses will size standards and whether current no federalism implications warranting also benefit from SBA’s Economic Injury standards meet their programmatic preparation of a federalism assessment. Disaster Loan (EIDL) Program. The EIDL needs (both procurement and non- program is contingent on the occurrence procurement). SBA gave appropriate Paperwork Reduction Act and severity of one or more disasters consideration to all input, suggestions, and SBA cannot make a meaningful recommendations, and relevant For the purposes of the Paperwork estimate of this impact. information obtained from industry Reduction Act, 44 U.S.C. Ch. 35, SBA The revisions to the existing size groups, individual businesses, and has determined that this final rule will standards for three industries in NAICS Federal agencies in preparing the not impose any new reporting or record Subsector Sector 21, Support Activities proposed rule and this final rule for keeping requirements. for Mining are consistent with SBA’s NAICS Subsector 213. Final Regulatory Flexibility Analysis statutory mandate to assist small The review of the four receipts based businesses. This regulatory action size standards in NAICS Subsector 213, Under the Regulatory Flexibility Act promotes the Administration’s Support Activities for Mining, is (RFA), this final rule may have a objectives. One of SBA’s goals in consistent with Executive Order 13563, significant impact on a substantial support of the Administration’s Section 6, calling for retrospective number of small entities in NAICS objectives is to help individual small analyses of existing rules. The last Subsector 213, Support Activities for businesses succeed through fair and overall review of size standards Mining. As described above, this rule equitable access to capital and credit, occurred during the late 1970s and early may affect small entities seeking Federal Government contracts, and management 1980s. Since then, except for periodic contracts, SBA’s 7(a), 504 and economic and technical assistance. Reviewing and adjustments for monetary based size modifying size standards, when standards, most reviews of size injury disaster loans, and various small appropriate, ensures that intended standards were limited to a few specific business benefits under other Federal beneficiaries have access to small industries in response to requests from programs. business programs designed to assist the public and Federal agencies. SBA Immediately below, SBA sets forth an them. recognizes that changes in industry final regulatory flexibility analysis Executive Order 13563 structure and the Federal marketplace (RFA) of this final rule addressing the since the last overall review have following questions: (1) What are the A description of the need for this rendered existing size standards for need for and objective of the rule? (2) regulatory action and benefits and costs some industries no longer supportable What are SBA’s description and associated with this action including by current data. Accordingly, in 2007, possible distributional impacts that estimate of the number of small SBA began a comprehensive review of businesses to which the rule will apply? relate to Executive Order 13563 are all size standards to ensure that existing included above in the Cost Benefit (3) What are the projected reporting, size standards have supportable bases record keeping, and other compliance Analysis. and to revise them, where necessary. In requirements of the rule? (4) What are In an effort to engage interested addition, the Jobs Act requires SBA to the relevant Federal rules that may parties in this regulatory action, SBA conduct a detailed review of all size presented its methodology (discussed standards and to make appropriate duplicate, overlap, or conflict with the above under Supplementary adjustments to reflect market rule? and (5) What alternatives will Information in this final rule and conditions. Specifically, the Jobs Act allow the Agency to accomplish its detailed in December 6, 2012 proposed requires SBA to conduct a detailed regulatory objectives while minimizing rule) to various industry associations review of at least one-third of all size the impact on small entities? and trade groups. SBA also met with standards during every 18-month period various industry groups to get their 1. What are the need for and objective from the date of its enactment and of the rule? feedback on its methodology and other review all size standards not less size standards issues. In addition, SBA frequently than once every 5 years Changes in industry structure, presented its size standards thereafter. technological changes, productivity methodology to businesses in 13 cities growth, mergers and acquisitions, and in the U.S. and sought their input as Executive Order 12988 updated industry definitions may have part of Jobs Act tours. The presentation This regulatory action meets changed the structure of many included information on the latest status applicable standards set forth in industries within NAICS Subsector 213. of the comprehensive size standards Sections 3(a) and 3(b)(2) of Executive Such changes can be sufficient to review and how interested parties can Order 12988, Civil Justice Reform, to support revisions to current size provide SBA with input and feedback minimize litigation, eliminate standards for some industries. Based on on size standards review. Moreover, ambiguity, and reduce burden. The the analysis of the latest data available, SBA also presented the same action does not have retroactive or information to Department of Defense preemptive effect. SBA believes that the revised size (DoD) contracting personnel at their standards in this final rule more annual training session. It included Executive Order 13132 appropriately reflect the size of updates on what size standards rules For the purposes of Executive Order businesses in those industries that need SBA was currently reviewing and plans 13132, Federalism, SBA has determined Federal assistance. Additionally, the to review in the future. that this final rule will not have Jobs Act requires SBA to review all size Additionally, SBA sent letters to the substantial, direct effects on the States, standards and make appropriate Directors of the Offices of Small and on the relationship between the national adjustments to reflect current data and Disadvantaged Business Utilization government and the States, or on the market conditions.

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2. What are SBA’s description and small. Therefore, businesses opting to 5. What alternatives will allow the estimate of the number of small entities participate in those programs must Agency to accomplish its regulatory to which the rule will apply? comply with SAM requirements. There objectives while minimizing the impact on small entities? SBA estimates that more than 475 are no costs associated with either SAM firms, not small under the current size registration or certification. Revising By law, SBA is required to develop standards, will become small because of size standards alters the access to numerical size standards for increases in size standards in three Federal programs that assist small establishing eligibility for Federal small industries in NAICS Subsector 213. That businesses, but does not impose a business assistance programs. Other represents 8.5 percent of total firms that regulatory burden because they neither than varying size standards by industry are small under current size standards regulate nor control business behavior. and changing the size measures, no practical alternative exists to the in all industries within NAICS 4. What are the relevant Federal rules Subsector 21. This will result in an existing system of numerical size which may duplicate, overlap, or increase in the small business share of standards. The possible alternative size conflict with the rule? total industry receipts for those standards considered for the individual industries from about 13 percent under Under section 3(a)(2)(C) of the Small industries within NAICS Subsector 213 the current size standard to nearly 25 Business Act, 15 U.S.C. 632(a)(2)(c), are discussed in the supplementary percent under the revised size Federal agencies must use SBA’s size information to the proposed rule and this final rule. standards. The new size standards will standards to define a small business, enable more small businesses to retain unless specifically authorized by statute List of Subjects in 13 CFR Part 121 their small business status for a longer to do otherwise. In 1995, SBA published period. Many businesses may have lost Administrative practice and in the Federal Register a list of statutory their eligibility and be finding it procedure, Government procurement, and regulatory size standards that difficult to compete at current size Government property, Grant programs— standards with companies that are identified the application of SBA’s size business, Individuals with disabilities, significantly larger than they are. SBA standards as well as other size standards Loan programs—business, Reporting believes the competitive impact will be used by Federal agencies (60 FR 57988 and recordkeeping requirements, Small positive for existing small businesses (November 24, 1995)). SBA is not aware businesses. and for those that exceed the size of any Federal rule that would duplicate For the reasons set forth in the standards but are on the very low end or conflict with establishing size preamble, SBA amends 13 CFR part 121 of those that are not small. They might standards. as follows: otherwise be called or referred to as However, the Small Business Act and mid-sized businesses, although SBA SBA’s regulations allow Federal PART 121—SMALL BUSINESS SIZE only defines what is small; other entities agencies to establish different size REGULATIONS are other than small. standards if they believe that SBA’s size ■ 1. The authority citation for part 121 3. What are the projected reporting, standards are not appropriate for their continues to read as follows: record keeping and other compliance programs, with the approval of SBA’s Administrator (13 CFR 121.903). The Authority: 15 U.S.C. 632, 634(b)(6), 662, requirements of the rule? and 694a(9). Regulatory Flexibility Act authorizes an Revising size standards does not Agency to establish an alternative small ■ 2. In § 121.201, in the table, revise the impose any additional reporting or business definition, after consultation entries for ‘‘213112’’, ‘‘213113’’, and record keeping requirements on small with the Office of Advocacy of the U.S. ‘‘213114’’ to read as follows: entities. However, qualifying for Federal procurement and a number of other Small Business Administration (5 U.S.C. § 121.201 What size standards has SBA programs requires that entities register 601(3)). identified by North American Industry in the SAM database and certify in SAM Classification System codes? at least once annually that they are * * * * *

SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards Size standards NAICS codes NAICS U.S. industry title in millions of in number of dollars employees

******* 213112 ...... Support Activities for Oil and Gas Operations ...... $35.5 ...... 213113 ...... Support Activities for Coal Mining ...... $19.0 ...... 213114 ...... Support Activities for Metal Mining ...... $19.0 ......

*******

Dated: June 13, 2013. Karen G. Mills, Administrator. [FR Doc. 2013–14712 Filed 6–19–13; 8:45 am] BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION financial assets, electric output, and review of at least one-third of all size refining capacity are used as size standards during every 18-month period 13 CFR Part 121 measures for a few specialized from the date of its enactment and to RIN 3245–AG45 industries. For example, currently six review all size standards not less size standards in NAICS Sector 52 are frequently than once every 5 years Small Business Size Standards: based on total assets. In addition, SBA’s thereafter. Reviewing existing small Finance and Insurance and Small Business Investment Company business size standards and making Management of Companies and (SBIC), 7(a), and Certified Development appropriate adjustments based on Enterprises Company (CDC or 504) Loan Programs current data is also consistent with determine small business eligibility Executive Order 13563 on improving AGENCY: U.S. Small Business using either the industry based size regulation and regulatory review. Administration. standards or alternative tangible net SBA has chosen not to review all size ACTION: Final rule. worth and net income based size standards at one time. Rather, it is standards. When SBA began the reviewing groups of related industries SUMMARY: The U.S. Small Business comprehensive size standards review in on a Sector by Sector basis. Administration (SBA) is increasing 2007, there were 41 different size As part of SBA’s comprehensive small business size standards for 36 standards, covering 1,141 NAICS review of size standards, the Agency industries in North American Industry industries and 18 sub-industry activities reviewed all receipts based and assets Classification System (NAICS) Sector (i.e., ‘‘exceptions’’ in SBA’s table of size based size standards in NAICS Sector 52, Finance and Insurance, and for two standards). Of these different size 52, Finance and Insurance, and in industries in NAICS Sector 55, standards, 31 were based on average NAICS code Sector 55, Management of Management of Companies and annual receipts, seven based on number Companies and Enterprises, to Enterprises. In addition, SBA is of employees, and three based on other determine whether the existing size changing the basis for measuring size measures. Presently, there are a total of standards should be retained or revised. from assets to annual receipts for one 1,031 size standards, 516 of which are After the review, on September 11, industry in NAICS Sector 52, namely, based on average annual receipts, 499 2012, SBA published a proposed rule in NAICS 522293, International Trade based on number of employees, 10 the Federal Register (76 FR 63216) Financing. Finally, SBA is deleting based on megawatt hours, and six based seeking public comment on its proposal NAICS 525930, Real Estate Investment on average assets. to increase the assets based and receipts Trusts, from its table of size standards. Over the years, SBA has received based size standards for 37 industries in The U.S. Office of Management and comments that its size standards have NAICS Sector 52 and two industries in Budget (OMB) included the financial not kept up with changes in the NAICS Sector 55 and to change the size activities formerly included in NAICS economy, and, in particular with measure from average assets to average 525930 in NAICS 531110, NAICS changes in the federal contracting receipts for one industry in NAICS 531120, NAICS 531130, NAICS 531190, marketplace and industry structure. Sector 52. In that proposed rule, SBA and NAICS 525990. As part of its SBA last conducted a comprehensive did not address the 1,500-employee size ongoing comprehensive size standards review of size standards during the late standard for NAICS 524126, Direct review, SBA evaluated all receipts based 1970s and early 1980s. Since then, most Property and Casualty Insurance and assets based size standards in reviews of size standards have been Carriers. SBA will review NAICS NAICS Sectors 52 and 55 to determine limited to a few specific industries in 524126 in the near future with other whether they should be retained or response to requests from the public and employee based size standards. revised. SBA did not review the 1,500- federal agencies. SBA also makes In conjunction with the current employee size standard for NAICS periodic inflation adjustments to its comprehensive size standards review, 524126, Direct Property and Casualty monetary based size standards. The SBA developed a ‘‘Size Standards Insurance Carriers, which it will review latest inflation adjustment to size Methodology’’ for developing, in the near future with other employee standards was published in the Federal reviewing, and modifying size based size standards. This final rule is Register on July 18, 2008 (73 FR 41237). standards, when necessary. SBA one of a series of final rules that will SBA recognizes that changes in published the document on its Web site review size standards of industries industry structure and the federal at www.sba.gov/size for public review grouped by NAICS Sectors. marketplace since the last and comment and also included it as a DATES: This rule is effective July 22, comprehensive review have rendered supporting document in the electronic 2013. existing size standards for some docket of the September 11, 2012 industries no longer supportable by proposed rule for NAICS Sector 52 and FOR FURTHER INFORMATION CONTACT: current data. Accordingly, in 2007, SBA Sector 55 (77 FR 55737) at Jorge Laboy-Bruno, Ph.D., Economist, began a comprehensive review of its www.regulations.gov (Docket SBA– Office of Size Standards, by Phone at size standards to determine whether 2012–0015, RIN 3245–AG45). (202) 205–6618 or by email at existing size standards should be In evaluating an industry’s size [email protected]. retained or revised based on current standard, SBA examines its SUPPLEMENTARY INFORMATION: data on industry structure and federal characteristics (such as average firm Introduction: market. size, startup costs, industry competition, To determine eligibility for federal In addition, on September 27, 2010, and distribution of firms by size) and small business assistance programs, the President of the United States signed the level and small business share of SBA establishes numeric small business the Small Business Jobs Act of 2010 federal contract dollars in that industry. definitions (referred to as size (Jobs Act). The Jobs Act directs SBA to SBA also examines the potential impact standards) for private sector industries conduct a detailed review of all size a size standard revision might have on in the United States. SBA’s existing size standards and to make appropriate its financial assistance programs and standards use two primary measures of adjustments to reflect market whether a business concern under a business size—average annual receipts conditions. Specifically, the Jobs Act revised size standard would be and number of employees. However, requires SBA to conduct a detailed dominant in its industry. SBA analyzed

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the characteristics of each industry in whether there are gaps in SBA’s $7 million in average annual receipts to NAICS Sectors 52 and 55 that have methodology because of the lack of $35.5 million. All commenters generally receipts-based size standards, mostly comprehensive data; and whether there supported SBA’s effort to review and using a special tabulation obtained from are other facts or issues that SBA should update size standards in NAICS Sector the U.S. Bureau of the Census based on consider. 52. These comments can be viewed at its 2007 Economic Census (the latest In the proposed rule, SBA also sought www.regulations.gov (Docket SBA– available). comments on its proposal to increase 2012–0015, RIN 3245–AG45), and are To evaluate industries in NAICS the receipts based and assets based size summarized and discussed below. Sector 52 that have assets based size standards for 37 industries in NAICS A national association representing standards (except for credit unions), Sector 52 and two industries in NAICS federal credit unions commented on the SBA evaluated the data from the Sector 55 and to change the measure of proposed rule by strongly supporting Statistics on Depository Institutions size from average assets to average the proposed increase in the size database of the Federal Deposit receipts for NAICS 522293, standard for credit unions from $175 Insurance Corporation between 1984 International Trade Financing. million in assets to $500 million. The and 2011 (http://www2.fdic.gov/sdi/ Specifically, SBA requested comments commenter stated that the current main.asp) and data on financial on whether the size standards should be industry data support this increase. It institutions that participate in the revised as proposed and whether the noted that the Consumer Financial Department of the Treasury’s Minority proposed revisions are appropriate. SBA Protection Bureau (CFPB) created under Bank Deposit Program, compiled by the also invited comments on whether its the Dodd-Frank Wall Street Reform and Federal Reserve Board (http:// proposed eight fixed levels for receipts Protection Act (Dodd-Frank Act) uses www.federalreserve.gov/releases/mob/ ). based size standards are appropriate and SBA’s size standards to assess the For the credit union industry, SBA whether the Agency should adopt impact of its regulations on small examined the data from call reports for common size standards for certain entities as required by the Small the fourth quarters of 1994 and 2011 Industry Groups and Subsectors in Business Regulatory Enforcement and from the National Credit Union NAICS Sector 52. Flexibility Act (SBREFA). The Administration Web site (http:// SBA’s analyses suggested a possible association concluded that the proposed www.ncua.gov/DataApps/ lowering of one industry size standard increase would offer credit unions more QCallRptData/Pages/CallRptData.aspx). in NAICS Sector 52. That industry is voices in the SBREFA process. To calculate average assets, SBA used NAICS 524210, Insurance Agencies and The next comment, submitted on sales to total assets ratios from the Risk Brokerages. However, SBA explained in behalf of the Credit Union National Management Association’s Annual the proposed rule that lowering size Association (CUNA) representing 90 Statement Studies, 2008–2010. standards would reduce the number of percent of state and federal credit To evaluate the federal marketplace, firms that are currently eligible to unions in the U.S., was also in strong SBA analyzed the level and small participate in federal small business support of SBA’s proposal to increase business share of federal contracts in assistance programs and would run the size standard for credit unions from each of those industries using the data counter to what the Federal Government $175 million in assets to $500 million. from the Federal Procurement Data and SBA are doing to help small The commenter, similar to the first System—Next Generation (FPDS–NG) businesses and create jobs. SBA had commenter, stated that the proposed for fiscal years 2008 to 2010. proposed to retain the current size size standard, if adopted, will permit To evaluate the impact of changes to standard for that industry and requested more credit unions to benefit from size standards on its loan programs, comments on whether the Agency provisions that require federal agencies SBA analyzed internal data on its should lower the size standard for that to assess and minimize the impact of guaranteed loan programs for fiscal industry. SBA received no comment regulatory costs on small entities under years 2008 to 2010. opposing its proposal to retain the size the Regulatory Flexibility Act (RFA), SBA’s ‘‘Size Standards Methodology’’ standard for that industry even if the SBREFA and Executive Orders 13272, provides a detailed description of its data supported lowering it. SBA has, 13653, and 13579. The commenter analyses of various industry and therefore, determined that size added that institutions below $500 program factors and data sources, and standards that might be lowered based million in assets lack the necessary how the Agency uses the results to on its analyses alone should be retained personnel (such as a full-time derive size standards. In the proposed at their current levels. compliance officer) to meet the rule, SBA detailed how it applied its compliance requirements. ‘‘Size Standards Methodology’’ to Summary of Comments The third and fourth commenters review and modify, where necessary, SBA received five comments on its were members of the CUNA, the existing receipts based and assets proposal to increase the asset and representing credit unions and their based standards for industries in NAICS receipts based size standards for 37 members at the state levels. Both Sectors 52 and 55. SBA sought industries and to change the size commenters strongly supported SBA’s comments from the public on a number measure from average assets to average proposal to increase the credit unions’ of issues concerning its ‘‘Size Standards receipts for one industry in NAICS size standard to $500 million in assets. Methodology,’’ such as whether there Sector 52. SBA did not receive any They echoed the same reasons as those are alternative methodologies that SBA comments on its proposal to increase provided by industry associations: that should consider; whether there are the size standards for the two industries a higher size standard will allow more alternative or additional factors or data in NAICS Sector 55. Four commenters credit unions to participate in federal sources that SBA should evaluate; focused on the proposed increase to the rulemaking process under RFA and whether SBA’s approach to establishing size standard for credit unions (NAICS SBREFA. small business size standards makes 522130) from $175 million in average All four commenters representing sense in the current economic assets to $500 million, while one national and state associations and other environment; whether SBA’s commented on the size standard for groups of credit unions and their applications of anchor size standards Consumer Lending (NAICS 522291), interests strongly supported SBA’s are appropriate in the current economy; which SBA proposed to increase from proposed increase of the size standard

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for credit unions from $175 million in size standard of $500 million in assets averaging only 28 employees and about assets to $500 million. They were that SBA proposed for all depository $12 million revenue. These results uniform in their reasons for support that institutions and credit cards issuing clearly do not support the same size the proposed size standard will offer companies. The commenter argued that standard for NAICS 522291 as that for more credit unions and their members ‘‘assets’’ is a better measure of size than depository institutions. Second, assets a greater voice in the SBREFA and RFA ‘‘receipts’’ for all lending institutions. data are not available for non-depository processes. Thus, in consideration of The commenter stated that SBA’s size institutions, while receipts data are these comments, SBA is adopting, as standards have become more important readily available from the Economic proposed, $500 million in assets as the now than in the past because they are Census. Third, based on the 2007 size standard for credit unions (NAICS used to determine the supervisory Economic Census, under the proposed 522130). jurisdiction of the CFPB and to $35.5 million receipts based size The above commenters also urged determine which companies are standard, more than 96 percent of firms SBA and its Office of Advocacy to permitted to participate on small in NAICS 522291 will qualify as small support a substantial increase in the size business panels about certain CFPB’s and be eligible to participate in the standard that the National Credit Union regulations. The commenter added that SBREFA process and benefit from other Administration (NCUA) uses to define SBA’s table of size standards is a default provisions to support small entities. For small entities for its programs. They also basis for defining what constitutes a comparison, about 92 percent of firms urged NCUA to review its size standards small entity for SBREFA purposes and are considered small under the current more frequently and use the same SBA that neither CFPB nor SBREFA existed $7 million size standard. With the established size threshold as other when size standards were first created proposed increase, about 175 additional federal agencies for purposes of the RFA for financial industries. The firms that are large under the current and similar regulatory analyses. While organization concluded that a common size standard for NAICS 522291 will SBA and its Office of Advocacy promote size standard of $500 million in assets become small and be eligible to the interests of small entities, these for both depository and non-depository participate in the SBREFA process. issues are beyond the scope of this rule. institutions will help level the playing Thus, SBA is retaining the receipts SBA’s size standards regulations field for different types of financial based size standard for NAICS 522291 provide that for purposes of conducting institutions. and increasing it from $7 million to an RFA federal agencies may, after SBA does not accept the commenter’s $35.5 million, as proposed. consultation with SBA’s Office of recommendation for three reasons. First, Conclusion: Advocacy, establish a size standard when establishing a size standard, SBA Based on SBA’s analyses of relevant different from SBA’s size standards, one considers similarity of products and industry and program data and the that is more appropriate for its analysis services provided by different industries public comments it received on the (13 CFR 121.903(c)). and may consider establishing a proposed rule, as discussed above, SBA The fifth comment was from the common size standard for certain has decided to increase assets based and organization representing lenders that closely related industries if supported receipts based size standards for 37 offer online consumer short-term loans by industry analysis. With the advent of industries in NAICS Sector 52. Since and related products and services, online banking and lending and the there were no comments to SBA’s including finance companies, mortgage emergence of new financial products proposal to increase the receipts based bankers, payday lenders, auto finance and services, SBA agrees that the size standards for the two industries in companies, and other specialty finance distinction between depository and non- NAICS Sector 55, SBA is also adopting companies, which fall under NAICS depository financial institutions may them as proposed. 522291, Consumer Lending. These are have decreased with respect to types of Additionally, SBA had proposed to non-depository entities and are subject services and products offered. However, change the size measure from average to, as the commenter indicated, federal the data show significant differences in assets to average receipts for NAICS consumer protection regulations. the industry structure for depository 522293, International Trade Financing, Although the association supported and non-depository institutions, which by replacing the current $175 million SBA’s proposal to increase the size does not support the creation of a assets based size standard with a $35.5 standard for NAICS 522291 from $7 common size standard, as recommended million receipts based size standard. As million in average annual receipts to by the commenter. For example, based detailed in the proposed rule, SBA $35.5 million, it contended that for size on 2007 Economic Census, Depository proposed this change based on its standards purposes this industry should Institutions averaged 137 employees review of available industry data. Since be treated the same as depository and $49 million revenue, as compared SBA received no comments against the financial institutions, because both to 35 employees and $23 million proposed change, SBA is adopting the depository and non-depository revenue for Non-depository Institutions $35.5 million receipts based size institutions operate and compete with (excluding the credit card issuing standard for NAICS 522293, as one another in the same marketplace. It industry for which SBA has an assets proposed. Those industries and their urged SBA to reconsider changing the based size standard). Firms in the revised size standards are shown Table size standard for NAICS 522291 from consumer lending industry (NAICS 1, Summary of Revised Size Standards receipts to assets and apply the same 522291) were even more different, in NAICS Sectors 52 and 55, below.

TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SECTORS 52 AND 55

Current size standard Revised size standard NAICS Code NAICS Title ($ million) ($ million)

522110 ...... Commercial Banking 8 ...... $175 million in assets 8 ...... $500 million in assets.8 522120 ...... Savings Institutions 8 ...... $175 million in assets 8 ...... $500 million in assets.8 522130 ...... Credit Unions 8 ...... $175 million in assets 8 ...... $500 million in assets.8 522190 ...... Other Depository Credit intermediation 8 ...... $175 million in assets 8 ...... $500 million in assets.8

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TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SECTORS 52 AND 55—Continued

Current size standard Revised size standard NAICS Code NAICS Title ($ million) ($ million)

522210 ...... Credit Card Issuing 8 ...... $175 million in assets 8 ...... $500 million in assets.8 522220 ...... Sales Financing ...... $7.0 ...... $35.5. 522291 ...... Consumer Lending ...... $7.0 ...... $35.5. 522292 ...... Real Estate Credit ...... $7.0 ...... $35.5. 522293 ...... International Trade Financing ...... $175 million in assets 8 ...... $35.5. 522294 ...... Secondary Market Financing ...... $7.0 ...... $35.5. 522298 ...... All Other Non-depository Credit Intermediation ...... $7.0 ...... $35.5. 522320 ...... Financial Transactions Processing, Reserve, and Clearing- $7.0 ...... $35.5. house Activities. 522390 ...... Other Activities Related to Credit Intermediation ...... $7.0 ...... $19.0. 523110 ...... Investment Banking and Securities Dealing ...... $7.0 ...... $35.5. 523120 ...... Securities Brokerage ...... $7.0 ...... $35.5. 523130 ...... Commodity Contracts Dealing ...... $7.0 ...... $35.5. 523140 ...... Commodity Contracts Brokerage ...... $7.0 ...... $35.5. 523210 ...... Securities and Commodity Exchanges ...... $7.0 ...... $35.5. 523910 ...... Miscellaneous Intermediation ...... $7.0 ...... $35.5. 523920 ...... Portfolio Management ...... $7.0 ...... $35.5. 523930 ...... Investment Advice ...... $7.0 ...... $35.5. 523991 ...... Trust, Fiduciary and Custody Activities ...... $7.0 ...... $35.5. 523999 ...... Miscellaneous Financial Investment Activities ...... $7.0 ...... $35.5. 524113 ...... Direct Life Insurance Carriers ...... $7.0 ...... $35.5. 524114 ...... Direct Health and Medical Insurance Carriers ...... $7.0 ...... $35.5. 524127 ...... Direct Title Insurance Carriers ...... $7.0 ...... $35.5. 524128 ...... Other Direct Insurance (except Life, Health and Medical) Car- $7.0 ...... $35.5. riers. 524130 ...... Reinsurance Carriers ...... $7.0 ...... $35.5. 524291 ...... Claims Adjusting ...... $7.0 ...... $19.0. 524292 ...... Third Party Administration of Insurance and Pension Funds ..... $7.0 ...... $30.0. 524298 ...... All Other Insurance Related Activities ...... $7.0 ...... $14.0. 525110 ...... Pension Funds ...... $7.0 ...... $30.0. 525120 ...... Health and Welfare Funds ...... $7.0 ...... $30.0. 525190 ...... Other Insurance Funds ...... $7.0 ...... $30.0. 525910 ...... Open-End Investment Funds ...... $7.0 ...... $30.0. 525920 ...... Trusts, Estates, and Agency Accounts ...... $7.0 ...... $30.0. 525990 ...... Other Financial Vehicles ...... $7.0 ...... $30.0. 551111 ...... Offices of Bank Holding Companies ...... $7.0 ...... $19.0. 551112 ...... Offices of Other Holding Companies ...... $7.0 ...... $19.0.

For the reasons stated above and in Services (77 FR 58739 (September 24, the activities formerly included in the proposed rule, SBA has decided to 2012)); and NAICS Sector 62, Health NAICS 525930. In this rule, SBA is retain the current receipts based size Care and Social Assistance (77 FR 58755 increasing the size standard for NAICS standard for NAICS 524210, Insurance (September 24, 2012)). 525990 to $30 million. SBA’s September Agencies and Brokerages, for which SBA is also retaining the existing 24, 2012 final rule on Sector 53, Real analytical results suggested lowering it. receipts based size standard for one Estate, Rental, and Leasing (77 FR Maintaining the current size standard industry in NAICS Sector 52 for which 58747), established a $25.5 million size for NAICS 524210 is consistent with the results supported it at its current standard for the other four industries SBA’s recent final rules on NAICS level. As stated earlier, SBA did not which include REIT activities. Sector 44–45, Retail Trade (75 FR review NAICS 524126, Direct Property 61597, (October 6, 2010)); NAICS Sector and Casualty Insurance Carriers, that Compliance With Executive Orders 72, Accommodation and Food Services has an employee based size standard, 12866, 13563, 12988 and 13132, the (75 FR 61604, (October 6, 2010)); NAICS which the Agency will review in the Paperwork Reduction Act (44 U.S.C. Sector 81, Other Services (75 FR 61591, near future with other employee based Ch. 35) and the Regulatory Flexibility (October 6, 2010)); NAICS Sector 54, standards. Until then, SBA is retaining Act (5 U.S.C. 601–612) Professional, Scientific and Technical the current employee based size Services (77 FR 7490 (February 10, standard for that industry. Executive Order 12866 2012)); NAICS Sector 48–49, Finally, SBA is deleting NAICS The Office of Management and Budget Transportation and Warehousing (77 FR 525930, Real Estate Investment Trusts (OMB) has determined that this final 10943 (February 24, 2012)); NAICS (REIT), from its table of size standards rule is not a ‘‘significant regulatory Sector 51, Information (77 FR 72702 because the NAICS code no longer action’’ for purposes of Executive Order (December 6, 2012)); NAICS Sector 53, exists. In its 2007 NAICS update, OMB 12866. In order to help explain the need Real Estate and Rental and Leasing (77 deleted NAICS 525930 and incorporated FR 88747 (September 24, 2012)); NAICS its various activities in NAICS 525990, of this rule and its potential benefits and Sector 56, Administrative and Support, NAICS 531110, NAICS 531120, NAICS costs, SBA is providing below a Cost Waste Management and Remediation 531130, and NAICS 531190. SBA has Benefit Analysis of the rule. This is also Services (77 FR 72691 (December 6, analyzed and addressed the size not a ‘‘major rule’’ under the 2012)); NAICS Sector 61, Educational standards for all of those industries and Congressional Review Act, 5 U.S.C. 800.

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Cost Benefit Analysis therefore eligible for these programs. and EDWOSB, and SDVOSB Programs, That is about 2.2 percent of all firms and other unrestricted procurements. 1. Is there a need for the regulatory classified as small under the current The added competition for many of action? receipts based size standards in NAICS these procurements can also result in The size standards revisions in NAICS Sectors 52 and 55. This will increase the lower prices to the Government for Sector 52, Finance and Insurance, and small business share of total receipts of procurements reserved for small NAICS Sector 55, Management of all industries with receipts based size businesses, but SBA cannot quantify Companies and Enterprises, will better standards within NAICS Sectors 52 and this benefit. reflect the economic characteristics of 55 from 5.1 percent under the current Under SBA’s 7(a) and 504 Loan small businesses and the Federal size standards to 7.5 percent under the Programs, based on the fiscal years Government marketplace in those revised size standards. Additionally, 2008–2010 data, SBA estimates up to 30 Sectors. SBA’s mission is to aid and due to the increase to the assets based additional loans totaling about $4 assist small businesses through a variety size standard from $175 million to $500 million to $5 million in federal loan of financial, procurement, business million for four industries in NAICS guarantees could be made to these development, and advocacy programs. Sector 52 (i.e., NAICS 522110, 522120, newly defined small businesses under To determine the intended beneficiaries 522190 and 522210), approximately the revised size standards. Increasing of these programs, SBA establishes 2,000 additional depository institutions, the size standards will likely result in distinct definitions of which businesses including about 25 minority owned more small business guaranteed loans to are deemed small businesses. The Small financial institutions, will qualify as businesses in these industries, but it is Business Act (the Act) (15 U.S.C. 632(a)) small. This will increase the small impractical to estimate exactly the delegates to SBA’s Administrator the business share of total assets in those number and total amount of loans. responsibility for establishing small industries from 2.5 percent under the There are two reasons for this: (1) Under business definitions. The Act also current assets based size standard to 7 the Jobs Act, SBA can now guarantee requires that small business definitions percent for all financial institutions and substantially larger loans than in the vary to reflect industry differences. The from 14.4 percent to 33 percent for past; and (2) the Jobs Act established an Small Business Jobs Act of 2010 also minority owned institutions. In alternative size standard ($15 million in requires SBA to review all size addition, the increase from $175 million tangible net worth and $5 million in net standards and make necessary to $500 million in assets will enable income after income taxes) for business adjustments to reflect market about 550 credit unions to obtain small concerns that do not meet the size conditions. The supplementary entity status. However, because they are standards for their industry. Therefore, information section of this final rule and organized as not-for-profit entities, they SBA finds it difficult to quantify the the proposed rule explains SBA’s would not qualify for federal programs actual impact of the revised size methodology for analyzing a size intended for small business concerns standards on its 7(a) and 504 Loan standard for a particular industry. (see 13 CFR 121.105). They may be Programs. Newly defined small businesses will 2. What are the potential benefits and eligible for other federal programs and also benefit from SBA’s Economic Injury costs of this regulatory action? regulatory purposes for which being organized as not-for-profit entities is not Disaster (EID) Loan Program. Since this The most significant benefit to a limiting factor. program is contingent on the occurrence businesses obtaining small business The following groups will benefit and severity of a disaster, SBA cannot status because of this final rule is from the revisions to size standards make a meaningful estimate of this gaining eligibility for federal small adopted in this rule: (1) Some impact. business assistance programs. These businesses that are above the current To the extent that those 7,400 newly include SBA’s financial assistance size standards may gain small business defined small firms (including 5,400 programs, economic injury disaster status under the higher size standards, firms under the receipts based size loans, and federal procurement thereby enabling them to participate in standards in 33 industries and 2,000 programs intended for small businesses. federal small business assistance firms under the assets based size Federal procurement programs provide programs; (2) growing small businesses standards in four industries) could targeted opportunities for small that are close to exceeding the current become active in federal procurement businesses under SBA’s business size standards will be able to retain their programs, the revised size standards development programs, such as 8(a), small business status under the higher may entail some additional Small Disadvantaged Businesses (SDB), size standards, thereby enabling them to administrative costs to the government small businesses located in Historically continue their participation in the associated with there being more Underutilized Business Zones programs; (3) federal agencies will have bidders on small business procurement (HUBZone), women-owned small a larger pool of small businesses from opportunities. In addition, there will be businesses (WOSB), Economically which to draw for their small business more firms seeking SBA’s guaranteed Disadvantaged Women Owned Small procurement programs; (4) prime loans, more firms eligible for enrollment Businesses (EDWOSB) and service- contractors that could benefit from in the Systems of Award Management’s disabled veteran-owned small agreements with the minority owned (SAM) Dynamic Small Business Search businesses (SDVOSB). These programs depository institutions in meeting their database, and more firms seeking help small businesses become more subcontracting goals and credits; and (5) certification as 8(a) or HUBZone firms knowledgeable, stable, and competitive. potentially small business communities or qualifying for small business, WOSB Other federal agencies may also use could benefit from increased banking and EDWOSB, SDVOSB, and SDB SBA’s size standards for a variety of activities in the area. status. Among those newly defined other regulatory and program purposes. SBA estimates that firms gaining small businesses seeking SBA’s SBA is increasing 33 receipts based size small business status under the revised assistance, there could be some standards in Sector 52 and Sector 55. size standards could receive federal additional costs associated with SBA estimates that more than 5,400 contracts totaling $8 million to $10 compliance and verification of small firms, not small under current size million annually under SBA’s small business status and protests of small standards, will become small and business, 8(a), SDB, HUBZone, WOSB business status. SBA believes that these

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added administrative costs will be to assist small business. This regulatory information obtained from industry minimal because mechanisms are action promotes the Administration’s groups, individual businesses, and already in place to handle these objectives. One of SBA’s goals in federal agencies in preparing the requirements. support of the Administration’s proposed rule and this final rule. Additionally, some Federal objectives is to help individual small The review of size standards in Government contracts may have higher businesses succeed through fair and NAICS Sectors 52 and 55 is consistent costs. With a greater number of equitable access to capital and credit, with EO 13563, Section 6, calling for businesses defined as small under the Government contracts, and management retrospective analyses of existing rules. revised size standards, federal agencies and technical assistance. Reviewing and The last comprehensive review of size may choose to set aside more contracts modifying size standards, when standards occurred during the late for competition among small businesses appropriate, ensures that intended 1970s and early 1980s. Since then, rather than using full and open beneficiaries have access to small except for periodic adjustments for competition. The movement from business programs designed to assist monetary based size standards, most unrestricted to small business set-aside them. reviews of size standards were limited contracting might result in competition Executive Order 13563 to a few specific industries in response among fewer total bidders, although to requests from the public and federal A description of the need for this there will be more small businesses agencies. SBA recognizes that changes regulatory action and benefits and costs eligible to submit offers. However, the in industry structure and the federal associated with this action including additional costs associated with fewer marketplace over time have rendered possible distributional impacts that bidders are expected to be minor since, existing size standards for some relate to Executive Order 13563 is by law, procurements may be set aside industries no longer supportable by included above in the Cost Benefit for small businesses or reserved for the current data. Accordingly, in 2007, SBA 8(a), HUBZone, WOSB and EDWOSB, or Analysis under Executive Order 12866. In an effort to engage interested began a comprehensive review of its SDVOSB Programs only if awards are size standards to ensure that existing expected to be made at fair and parties in this action, SBA presented its size standards methodology (discussed size standards have supportable bases reasonable prices. In addition, there and to revise them when necessary. In may be higher costs when more full and above under SUPPLEMENTARY addition, the Jobs Act requires SBA to open contracts are awarded to HUBZone INFORMATION) to various industry conduct a detailed review of all size businesses that receive price evaluation associations and trade groups. SBA also standards and to make appropriate preferences. met with a number of industry groups The size standards revisions may have to get their feedback on its methodology adjustments to reflect market some distributional effects among large and other size standards issues. In conditions. Specifically, the Jobs Act and small businesses. Although SBA addition, SBA presented its size requires SBA to conduct a detailed cannot estimate with certainty the standards methodology to businesses in review of at least one-third of all size actual outcome of the gains and losses 13 cities in the U.S. and sought their standards during every18-month period among small and large businesses, it can input as part of Jobs Act tours. The from the date of its enactment and do a identify several probable impacts. There presentation also included information complete review of all size standards may be a transfer of some federal on the latest status of the not less frequently than once every 5 contracts to small businesses from large comprehensive size standards review years thereafter. businesses. Large businesses may have and on how interested parties can Executive Order 12988 fewer federal contract opportunities as provide SBA with input and feedback federal agencies decide to set aside more on size standards review. Moreover, This action meets applicable federal contracts for small businesses. In SBA presented the same information to standards set forth in Sections 3(a) and addition, some federal contracts may be Department of Defense (DoD) 3(b)(2) of Executive Order 12988, Civil awarded to HUBZone concerns instead contracting personnel at their annual Justice Reform, to minimize litigation, of large businesses since these firms training conference. It included updates eliminate ambiguity, and reduce may be eligible for a price evaluation on what size standards SBA was burden. The action does not have preference for contracts when they currently reviewing and its plans to retroactive or preemptive effect. compete on a full and open basis. review in the future. Executive Order 13132 Similarly, currently defined small Furthermore, when SBA issued the businesses may obtain fewer federal proposed rule, it notified by email the For purposes of Executive Order contracts due to the increased individuals, government procurement 13132, SBA has determined that this competition from more businesses personnel, and companies that had in final rule will not have substantial, defined as small. This transfer may be recent years exhibited an interest in size direct effects on the States, on the offset by a greater number of federal standards for NAICS Sectors 52 and 55 relationship between the national procurements set aside for all small so they could comment. government and the States, or on the businesses. The number of newly Additionally, SBA sent letters to the distribution of power and defined and expanding small businesses Directors of the Offices of Small and responsibilities among the various that are willing and able to sell to the Disadvantaged Business Utilization levels of government. Therefore, SBA Federal Government will limit the (OSDBU) at several federal agencies has determined that this final rule has potential transfer of contracts from large with considerable procurement no federalism implications warranting and currently defined small businesses. responsibilities requesting their preparation of a federalism assessment. feedback on how the agencies use SBA’s SBA cannot estimate the potential Paperwork Reduction Act distributional impacts of these transfers size standards and whether current size with any degree of precision. standards meet their programmatic For the purpose of the Paperwork The revisions to the existing size needs (both procurement and non- Reduction Act, 44 U.S.C. Ch. 35, SBA standards in NAICS Sectors 52 and 55 procurement). SBA gave appropriate has determined that this final rule will that are adopted in this final rule are consideration to all input, suggestions, not impose any new reporting or record consistent with SBA’s statutory mandate recommendations, and relevant keeping requirements.

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Final Regulatory Flexibility Analysis standards to 7.5 percent under the to do otherwise. In 1995, SBA published Under the Regulatory Flexibility Act revised size standards. Additionally, in the Federal Register a list of statutory (RFA), this final rule may have a due to the increase in the assets based and regulatory size standards that significant impact on a substantial size standard for four industries within identified the application of SBA’s size number of small businesses in NAICS NAICS Sector 52 about 2,000 additional standards as well as other size standards financial institutions will qualify as Sector 52, Finance and Insurance, and used by federal agencies (60 FR 57988 small, including about 25 minority NAICS Sector 55, Management of (November 24, 1995)). SBA is not aware owned financial institutions that could Companies and Enterprises. As of any federal rule that would duplicate be eligible to participate in agreements described above, this final rule may or conflict with establishing size with prime contractors for affect small businesses seeking federal standards. subcontracting goals and credits. In contracts, loans under SBA’s 7(a), 504 However, the Small Business Act and addition, about 550 additional credit and EID Loan Programs, and assistance SBA’s small business size regulations unions would qualify as small entities under other federal small business allow federal agencies to develop under the $500 million assets based size programs, as well as subcontracting different size standards if they believe standard, but they would not qualify for programs. that SBA’s size standards are not federal programs intended for small appropriate for their programs, with the Immediately below, SBA sets forth a businesses because they are not-for final regulatory flexibility analysis of approval of SBA’s Administrator (13 profit entities. However, they may CFR 121.903). The Regulatory this rule addressing the following qualify as small entities for other federal questions: (1) What are the need for and Flexibility Act authorizes an Agency to programs and regulatory proposes. The establish an alternative small business objective of the rule? (2) What are SBA’s revised size standards will enable more description and estimate of the number definition, after consultation with the small businesses to retain their small Office of Advocacy of the U.S. Small of small businesses to which the rule business status for a longer period. will apply? (3) What are the projected Business Administration (5 U.S.C. Many firms may have lost their 601(3)). reporting, record keeping, and other eligibility and find it difficult to compliance requirements of the rule? (4) compete at current size standards with 5. What alternatives will allow the What are the relevant federal rules that significantly larger companies. The Agency to accomplish its regulatory may duplicate, overlap, or conflict with change in size standards, as discussed objectives while minimizing the impact the rule? and (5) What alternatives will herein, will have a positive competitive on small entities? allow the Agency to accomplish its impact on existing small businesses and By law, SBA is required to develop regulatory objectives while minimizing on those that exceed the size standards numerical size standards for the impact on small businesses? but are on the very low end of those that establishing eligibility for federal small 1. What are the need for and objective are not small. They might otherwise be business assistance programs. Other of the rule? called or referred to as mid-sized than varying size standards by industry businesses, although SBA only defines Changes in industry structure, and changing the size measures, no what is small; other entities are other practical alternative exists to the technological changes, productivity than small. growth, mergers and acquisitions, and systems of numerical size standards. updated industry definitions have 3. What are the projected reporting, List of Subjects in 13 CFR Part 121 changed the structure of many record keeping and other compliance Administrative practice and industries in NAICS Sectors 52 and 55. requirements of the rule? procedure, Government procurement, Such changes can be sufficient to The revisions to size standards Government property, Grant programs— support revisions to current size impose no additional reporting or business, Individuals with disabilities, standards for some industries. Based on record keeping requirements on small Loan programs—business, Reporting the analysis of the latest data available, businesses. However, qualifying for and recordkeeping requirements, Small SBA believes that the revised standards federal procurement and a number of businesses. in this final rule more appropriately other programs requires that entities reflect the size of businesses that need register in the System for Award For the reasons set forth in the federal assistance. The Jobs Act also Management (SAM) database and certify preamble, SBA amends part 13 CFR part requires SBA to review all size at least once annually that they are 121 as follows: standards and make necessary small. Therefore, businesses opting to PART 121—SMALL BUSINESS SIZE adjustments to reflect market participate in those programs must REGULATIONS conditions. comply with SAM requirements. There 2. What are SBA’s description and are no costs associated with SAM ■ 1. The authority citation for part 121 estimate of the number of small registration or certification. Revising continues to read as follows: size standards alters the access to businesses to which the rule will apply? Authority: 15 U.S.C. 632, 634(b)(6), 662, federal programs that assist small and 694a(9). SBA estimates that more than 5,400 businesses, but they neither impose a additional firms will become small regulatory burden nor regulate nor ■ 2. In § 121.201, amend the table because of revisions to receipts based control business behavior. ‘‘Small Business Size Standards by size standards for 33 industries in NAICS Industry’’ as follows: NAICS Sectors 52 and 55. That 4. What are the relevant federal rules, ■ a. In § 121.201, in the table, revise the represents 2.2 percent of total firms that which may duplicate, overlap or conflict entries for ‘‘522110’’, ‘‘522120’’, are small under current receipts based with the rule? ‘‘522130’’, ‘‘522190’’, ‘‘522210’’, size standards in all industries within Under section 3(a)(2)(C) of the Small ‘‘522220’’, ‘‘522291’’, ‘‘522292’’, these Sectors. This will result in an Business Act, 15 U.S.C. 632(a)(2)(c), ‘‘522293’’, ‘‘522294’’, ‘‘522298’’, increase in the small business share of federal agencies must use SBA’s size ‘‘522320’’, ‘‘522390’’, ‘‘523110’’, total receipts in those industries from standards to define a small business, ‘‘523120’’, ‘‘523130’’, ‘‘523140’’, 5.1 percent under the current size unless specifically authorized by statute ‘‘523210’’, ‘‘523910’’, ‘‘523920’’,

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‘‘523930’’, ‘‘523991’’, ‘‘523999’’, ‘‘525920’’, ‘‘525990’’, ‘‘551111’’, and § 121.201 What size standards has SBA ‘‘524113’’, ‘‘524114’’, ‘‘524127’’, ‘‘551112’’. identified by North American Industry ‘‘524128’’, ‘‘524130’’, ‘‘524291’’, ■ b. Remove the entry for 525930. Classification System codes? ‘‘524292’’, ‘‘524298’’, ‘‘525110’’, ■ c. Revise footnote 8. * * * * * ‘‘525120’’, ‘‘525190’’, ‘‘525910’’, The revisions read as follows:

SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards Size standards NAICS Codes NAICS U.S. industry title in millions of in number of dollars employees

******* 522110 ...... Commercial Banking 8 ...... 8$500 million in assets ...... 522120 ...... Savings Institutions 8 ...... 8 $500 million in assets ...... 522130 ...... Credit Unions ...... 8 $500 million in assets ...... 522190 ...... Other Depository Credit Intermediation 8 ...... 8 $500 million in assets ...... 522210 ...... Credit Card Issuing 8 ...... 8 $500 million in assets ...... 522220 ...... Sales Financing ...... $35.5 ...... 522291 ...... Consumer Lending ...... $35.5 ...... 522292 ...... Real Estate Credit ...... $35.5 ...... 522293 ...... International Trade Financing ...... $35.5 ...... 522294 ...... Secondary Market Financing ...... $35.5 ...... 522298 ...... All Other Nondepository Credit Intermediation ...... $35.5 ......

******* 522320 ...... Financial Transactions Processing, Reserve, and Clearing House Activities .... $35.5 ...... 522390 ...... Other Activities Related to Credit Intermediation ...... $19.0 ......

******* 523110 ...... Investment Banking and Securities Dealing ...... $35.5 ...... 523120 ...... Securities Brokerage ...... $35.5 ...... 523130 ...... Commodity Contracts Dealing ...... $35.5 ...... 523140 ...... Commodity Contracts Brokerage ...... $35.5 ...... 523210 ...... Securities and Commodity Exchanges ...... $35.5 ...... 523910 ...... Miscellaneous Intermediation ...... $35.5 ...... 523920 ...... Portfolio Management ...... $35.5 ...... 523930 ...... Investment Advice ...... $35.5 ...... 523991 ...... Trust, Fiduciary and Custody Activities ...... $35.5 ...... 523999 ...... Miscellaneous Financial Investment Activities ...... $35.5 ......

******* 524113 ...... Direct Life Insurance Carriers ...... $35.5 ...... 524114 ...... Direct Health and Medical Insurance Carriers ...... $35.5 ......

******* 524127 ...... Direct Title Insurance Carriers ...... $35.5 ...... 524128 ...... Other Direct Insurance (except Life, Health and Medical) Carriers ...... $35.5 ...... 524130 ...... Reinsurance Carriers ...... $35.5 ......

******* 524291 ...... Claims Adjusting ...... $19.0 ...... 524292 ...... Third Party Administration of Insurance and Pension Funds ...... $30.0 ...... 524298 ...... All Other Insurance Related Activities ...... $14.0 ......

******* 525110 ...... Pension Funds ...... $30.0 ...... 525120 ...... Health and Welfare Funds ...... $30.0 ...... 525190 ...... Other Insurance Funds ...... $30.0 ...... 525910 ...... Open-End Investment Funds ...... $30.0 ...... 525920 ...... Trusts, Estates, and Agency Accounts ...... $30.0 ...... 525990 ...... Other Financial Vehicles ...... $30.0 ......

******* 551111 ...... Offices of Bank Holding Companies ...... $19.0 ...... 551112 ...... Offices of Other Holding Companies ...... $19.0 ...... Footnotes ***** 8. NAICS Codes 522110, 522120, 522130, 522190, and 522210—A financial institution’s assets are determined by averaging the assets re- ported on its four quarterly financial statements for the preceding year. ‘‘Assets’’ for the purposes of this size standard means the assets defined according to the Federal Financial Institutions Examination Council 041 call report form for NAICS codes 522110, 522120, 522190, and 522210 and the National Credit Union Administration 5300 call report form for NAICS code 522130.

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* * * * * (i.e., ‘‘exceptions’’ in SBA’s table of size existing size standards should be Dated: June 13, 2013. standards). Of these, 31 were based on retained or revised. After its review, SBA published a proposed rule for Karen G. Mills, average annual receipts, seven based on number of employees, and three based public comment in the July 18, 2012 Administrator. on other measures. Presently, there are issue of the Federal Register (77 FR [FR Doc. 2013–14710 Filed 6–19–13; 8:45 am] a total of 1,031size standards, 516 of 42211) on its proposal to increase the BILLING CODE 8025–01–P which are based on average annual size standards for 17 industries in receipts, 499 on number of employees, NAICS Sector 71. The rule was one of 10 on megawatt hours, and six on a series of proposed rules that examines SMALL BUSINESS ADMINISTRATION average assets. industries grouped by NAICS Sector. Over the years, SBA has received In conjunction with current 13 CFR Part 121 comments that its size standards have comprehensive size standards review, RIN 3245–AG36 not kept up with changes in the SBA developed a ‘‘Size Standards economy, and in particular, that they do Methodology’’ for developing, Small Business Size Standards: Arts, not reflect changes in the Federal reviewing, and modifying size Entertainment, and Recreation contracting marketplace and industry standards, when necessary. SBA structure. The last comprehensive published the document on its Web site AGENCY: U.S. Small Business review of size standards was during the at www.sba.gov/size for public review Administration. late 1970s and early 1980s. Since then, and comments, and also included it as ACTION: Final rule. most reviews of size standards were a supporting document in the electronic limited to a few specific industries in docket of the proposed rule on NAICS SUMMARY: The United States Small response to requests from the public and Sector 71 at www.regulations.gov. Business Administration (SBA) is Federal agencies. SBA also makes In evaluating an industry’s size increasing the small business size periodic inflation adjustments to its standard, SBA examines its standards for 17 industries in North monetary based size standards. The characteristics (such as average firm American Industry Classification latest inflation adjustment to size size, startup costs, industry competition System (NAICS) Sector 71, Arts, standards was published in the Federal and distribution of firms by size) and Entertainment, and Recreation, and Register on July 18, 2008 (73 FR 41237). the level and small business share of retaining the current size standards for SBA recognizes that changes in Federal contract dollars in that industry. the remaining eight industries in that industry structure and the Federal SBA also examines the potential impact Sector. As part of its ongoing marketplace since the last overall a size standard revision might have on comprehensive size standards review, review have rendered existing size its financial assistance programs, and SBA evaluated all size standards for standards for some industries no longer whether a business concern under a industries in NAICS Sector 71 to supportable by current data. revised size standard would be determine whether they should be Accordingly, in 2007, SBA began a dominant in its industry. For the retained or revised. comprehensive review of its size proposed rule, SBA analyzed the DATES: This rule is effective July 22, standards to determine whether existing characteristics of each industry in 2013. size standards have supportable bases NAICS Sector 71, mostly using a special FOR FURTHER INFORMATION CONTACT: Jon relative to the current data, and to revise tabulation obtained from the U.S. Haitsuka, Program Analyst, Size them, where necessary. Bureau of the Census from its 2007 Standards Division, (202) 205–6618 or In addition, on September 27, 2010, Economic Census (the latest available). [email protected]. the President of the United States signed SBA also evaluated the level and small the Small Business Jobs Act of 2010 business share of Federal contracts in SUPPLEMENTARY INFORMATION: To (Jobs Act). The Jobs Act directs SBA to each of those industries using the data determine eligibility for Federal small conduct a detailed review of all size from the Federal Procurement Data business assistance programs, SBA standards and to make appropriate System—Next Generation (FPDS–NG) establishes small business size adjustments to reflect market for fiscal years 2008–2010. To evaluate definitions (referred to as size conditions. Specifically, the Jobs Act the impact of changes to size standards standards) for private sector industries requires SBA to conduct a detailed on its loan programs, SBA evaluated in the United States. The SBA’s existing review of at least one-third of all size internal data on its guaranteed loan size standards use two primary standards during every 18-month period programs for fiscal years 2008–2010. measures of business size—average from the date of its enactment and to SBA’s ‘‘Size Standards Methodology’’ annual receipts and number of review all size standards not less provides a detailed description of its employees. Financial assets, electric frequently than once every 5 years analyses of various industry and output and refining capacity are used as thereafter. Reviewing existing small program factors and data sources, and size measures for a few specialized business size standards and making how the Agency uses the results to industries. In addition, SBA’s Small appropriate adjustments based on establish and revise size standards. In Business Investment Company (SBIC), current data are also consistent with the proposed rule itself, SBA detailed 7(a), and Certified Development Executive Order 13563 on improving how it applied its ‘‘Size Standards Company (CDC or 504) Loan Programs regulation and regulatory review. Methodology’’ to review and modify, determine small business eligibility SBA has chosen not to review all size where necessary, the existing size using either the industry based size standards at one time. Rather, it is standards for industries in NAICS standards or alternative net worth and reviewing groups of related industries Sector 71. SBA sought comments from net income size based standards. At the on a Sector by Sector basis. the public on a number of issues about start of the current comprehensive As part of SBA’s comprehensive its ‘‘Size Standards Methodology,’’ such review of SBA’s small business size review of size standards, the Agency as whether there are alternative standards, there were 41 different size reviewed all size standards in NAICS methodologies that SBA should standards levels, covering 1,141 NAICS Sector 71, Arts, Entertainment, and consider; whether there are alternative industries and 18 sub-industry activities Recreation, to determine whether the or additional factors or data sources that

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SBA should evaluate; whether SBA’s whether it should adopt common size commenter did not offer any comments approach to establishing small business standards for some industries in NAICS or suggestions regarding the proposed size standards makes sense in the Sector 71. revisions to size standards in NAICS current economic environment; whether The SBA’s analyses supported Sector 71. Thus, SBA is not making any SBA’s application of anchor size keeping the current size standards for adjustment to proposed size standards standards is appropriate in the current three industries and lowering them for based on this comment. five industries in NAICS Sector 71. economy; whether there are gaps in The comment to the proposed rule is However, as SBA pointed out in the SBA’s methodology because of the lack available for public review at http:// proposed rule, lowering size standards of comprehensive data; and whether www.regulations.gov, using RIN–3245– will reduce the number of firms eligible there are other facts or issues that SBA AG36. should consider. to participate in Federal small business assistance programs and this is counter Conclusion SBA sought comments on its proposal to what the Federal government and to increase size standards for 17 SBA are doing to help small businesses. Based on the analyses of relevant industries and retain the existing size Therefore, SBA proposed to retain the industry and program data and standards for the remaining eight current size standards for those five evaluation of public comments it industries in NAICS Sector 71. industries and requested comments on received on the proposed rule, SBA has Specifically, SBA requested comments whether the Agency should lower size decided to increase the small business on whether the size standards should be standards for which its analyses might size standards for 17 industries in revised as proposed and whether the support lowering them. NAICS Sector 71 to the levels it proposed revisions are appropriate. SBA proposed. Those industries and their also invited comments on whether its Summary of Comments revised size standards are shown in proposed eight fixed levels for receipts SBA received only one comment to Table 1, Summary of Revised Size based size standard are appropriate and the proposed rule. However, the Standards in NAICS Sector 71, below.

TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SECTOR 71

Current size Revised size NAICS Industry NAICS Industry title standard standard code ($ million) ($ million)

711110 ...... Theater Companies and Dinner Theaters ...... $7.0 $19.0 711120 ...... Dance Companies ...... $7.0 $10.0 711130 ...... Musical Groups and Artists ...... $7.0 $10.0 711190 ...... Other Performing Arts Companies ...... $7.0 $25.5 711211 ...... Sports Teams and Clubs ...... $7.0 $35.5 711212 ...... Race Tracks ...... $7.0 $35.5 711219 ...... Other Spectator Sports ...... $7.0 $10.0 711310 ...... Promoters of Performing Arts, Sports and Similar Events with Facilities ...... $7.0 $30.0 711320 ...... Promoters of Performing Arts, Sports and Similar Events without Facilities ...... $7.0 $14.0 711410 ...... Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ...... $7.0 $10.0 712110 ...... Museums ...... $7.0 $25.5 712130 ...... Zoos and Botanical Gardens ...... $7.0 $25.5 713110 ...... Amusement and Theme Parks ...... $7.0 $35.5 713210 ...... Casinos (except Casino Hotels) ...... $7.0 $25.5 713290 ...... Other Gambling Industries ...... $7.0 $30.0 713910 ...... Golf Courses and Country Clubs ...... $7.0 $14.0 713920 ...... Skiing Facilities ...... $7.0 $25.5

For the reasons as stated above in this 2010)), NAICS Sector 81, Other Services business size standards for the same final rule and in the proposed rule, SBA (75 FR 61591 (October 6, 2010)), NAICS reasons. SBA is also retaining the has decided to retain the current Sector 54, Professional, Scientific and existing size standards for three receipts based size standards for the five Technical Services (77 FR 7490 industries for which the results industries for which analytical results (February 10, 2012)), NAICS Sector 48– supported them at their current levels. suggested lowering them. The five 49, Transportation and Warehousing (77 The three industries are the following: industries are the following: NAICS FR 10943 (February 24, 2012)), NAICS NAICS 713930, Marinas; NAICS 713940, 711510, Independent Artists, Writers, Sector 53, Real Estate and Rental and Fitness and Recreational Sports Centers; and Performers; NAICS 712120, Leasing (77 FR 58747 (September 24, and NAICS 713950, Bowling Centers. Historical Sites; NAICS 712190, Nature 2012)), NAICS Sector 61, Educational Parks and Other Similar Institutions; Services (77 FR 58739 (September 24, Compliance With Executive Orders NAICS 713120, Amusement Arcades; 2012)), NAICS Sector 62, Health Care 12866, 13563, 12988, and 13132, the and NAICS 713990, All Other and Social Assistance (77 FR 58755 Paperwork Reduction Act (44 U.S.C., Amusement and Recreation Industries. (September 24, 2012)), NAICS Sector 51, Ch. 35) and the Regulatory Flexibility Not lowering size standards for these Information (77 FR 72702 (December 6, Act (5 U.S.C. 601–612) industries in NAICS Sector 71 is 2012)), and NAICS Sector 56, Executive Order 12866 consistent with SBA’s recent final rules Administrative and Support, Waste on NAICS Sector 44–45, Retail Trade Management and Remediation Services The Office of Management and Budget (75 FR 61597 (October 6, 2010)), NAICS (77 FR 72691 (December 6, 2012)). In (OMB) has determined that this final Sector 72, Accommodation and Food each of those final rules, SBA adopted rule is not a ‘‘significant regulatory Services (75 FR 61604 (October 6, its proposal not to reduce small action’’ for purposes of Executive Order

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12866. In order to help explain the need disabled veteran owned small business the Jobs Act, SBA can now guarantee of this rule and the rule’s potential (SDVOSB) Programs. Other Federal substantially larger loans than in the benefits and costs, SBA is providing agencies also may use SBA’s size past. In addition, the Jobs Act below a Cost Benefit Analysis in of this standards for a variety of regulatory and established an alternative size standard rule. This is also not a ‘‘major rule’’ program purposes. These programs help for SBA’s 7(a) and 504 Loan Programs under the Congressional Review Act, 5 small businesses become more for those applicants that do not meet the U.S.C. 800. knowledgeable, stable, and competitive. size standards for their industries. That In the 17 industries in NAICS Sector 71 is, under the Jobs Act, if a firm applies Cost Benefit Analysis for which SBA has decided to increase for a 7(a) or 504 loan but does not meet 1. Is there a need for the regulatory size standards, SBA estimates that about the size standard for its industry, it action? 1,450 additional firms will gain small might still qualify if, including its business status and become eligible for affiliates, it has tangible net worth that SBA believes that the revised changes these programs. That number is 1.3 does not exceed $15 million and also to small business size standards for 17 percent of total firms that are classified has average net income after Federal industries in NAICS Sector 71, Arts, as small under the current size income taxes (excluding any carry-over Entertainment, and Recreation, reflect standards in all 25 industries in NAICS losses) for its preceding two completed changes in economic characteristics of Sector 71. SBA estimates that this will fiscal years that do not exceed $5 small businesses and the Federal increase the small business share of million. Thus, SBA finds it difficult to procurement market conditions in those total industry receipts in that Sector quantify the actual impact of the revised industries. SBA’s mission is to aid and from 35 percent under the current size size standards on its 7(a) and 504 Loan assist small businesses through a variety standards to 43 percent under the Programs. of financial, procurement, business revised size standards. Newly defined small businesses will development, and advocacy programs. The benefits of increasing size also benefit from SBA’s Economic Injury To assist the intended beneficiaries of standards to a more appropriate level Disaster Loan Program. Since this these programs effectively, SBA will accrue to three groups: (1) Some program is contingent on the occurrence establishes distinct definitions to businesses that are above the current and severity of a disaster, SBA cannot determine which businesses are deemed size standards will gain small business make a meaningful estimate of this small businesses. The Small Business status under the higher size standards, impact. Act (15 U.S.C. 632(a)) delegated to the thereby enabling them to participate in To the extent that all 1,450 newly SBA’s Administrator the responsibility Federal small business assistance defined small firms under the revised for establishing definitions for small programs; (2) growing small businesses size standards in NAICS Sector 71 could business. The Act also requires that that are close to exceeding the current become active in Federal procurement small business definitions vary to reflect size standards will be able to retain their programs, the revisions to size standards industry differences. The Jobs Act small business status under the higher may entail some additional requires the Administrator to review at size standards, thereby enabling them to administrative costs to the Federal least one-third of all size standards continue their participation in the Government associated with there being within each 18-month period from the programs; and (3) Federal agencies will more bidders for Federal small business date of its enactment, and review all have a larger pool of small businesses procurement opportunities. In addition, size standards at least every five years from which to draw for their small there will be more firms seeking SBA thereafter. The supplementary business procurement programs. guaranteed loans, more firms eligible for information section of the July 18, 2012 Based on the data for fiscal years enrollment in the System for Award proposed rule and this final rule 2008–2010, more than 45 percent of Management (SAM) and Dynamic Small explained the SBA’s methodology for total Federal contracting dollars spent in Business Search database, and more analyzing a size standard for a particular all industries in NAICS Sector 71 were firms seeking certification as 8(a) or industry. accounted for by the 17 industries for HUBZone firms or more firms qualifying 2. What are the potential benefits and which SBA is increasing size standards. for small business, WOSB, EDWOSB, SBA estimates that additional firms SDVOSB and SDB status. Among these costs of this regulatory action? gaining small business status in those newly defined small businesses seeking The most significant benefit to industries under the revised size SBA’s assistance, there could be some businesses obtaining small business standards could potentially obtain additional costs associated with status as a result of this final rule is Federal contracts totaling up to $5 compliance and verification of small gaining eligibility for Federal small million per year under the small business status and protests of small business assistance programs, including business, 8(a), SDB, HUBZone, WOSB, business status. SBA believes that these SBA’s financial assistance programs, EDWOSB and SDVOSB Programs and added administrative costs will be economic injury disaster loans, and other unrestricted procurements. The minimal because mechanisms are Federal procurement opportunities added competition for many of these already in place to handle these intended for small businesses. Federal procurements may also result in lower requirements. small business programs provide prices to the Government for Additionally, costs to the Federal targeted opportunities for small procurements reserved for small Government may be higher on some businesses under SBA’s various businesses, although SBA cannot Federal contracts under the higher business development and contracting quantify this benefit. revised size standards. With a greater programs. These include the 8(a), small Under SBA’s 7(a) and 504 Loan number of businesses defined as small, disadvantaged businesses (SDB), small Programs, based on the data for fiscal Federal agencies may choose to set aside businesses located in Historically years 2008–2010, SBA estimates that more contracts for competition among Underutilized Business Zones approximately 15 to 20 additional loans small businesses rather than using full (HUBZone), women owned small totaling $4 million to $6 million in new and open competition. The movement businesses (WOSB), economically Federal loan guarantees could be made from unrestricted to set-aside disadvantaged women-owned small to the newly defined small businesses contracting might result in competition businesses (EDWOSB), and the service under the revised size standards. Under among fewer total bidders, although

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there will be more small businesses Executive Order 13563 existing rules. The last overall review of eligible to submit offers. In addition, A description of the need for this size standards occurred during the late higher costs may result when additional regulatory action and benefits and costs 1970s and early 1980s. Since then, full and open contracts are awarded to associated with this action, including except for periodic adjustments for HUBZone businesses because of price possible distributions impacts that monetary based size standards, most evaluation preference. However, these relate to Executive Order 13563 is reviews of size standards were limited additional costs associated with fewer included above in the Cost Benefit to a few specific industries in response bidders are expected to be minor since, Analysis under Executive Order 12866. to requests from the public and Federal by law, procurements may be set aside In an effort to engage interested agencies. SBA recognizes that changes for small businesses or reserved for the parties in this regulatory action, SBA in industry structure and the Federal small business, 8(a), HUBZone, WOSB, presented its methodology (discussed marketplace over time have rendered EDWOSB or SDVOSB Programs only if under Supplementary Information in existing size standards for some awards are expected to be made at fair the proposed rule and this rule) to industries no longer supportable by and reasonable prices. various industry associations and trade current data. Accordingly, in 2007, SBA The revised size standards may have groups. SBA also met with various began a comprehensive review of all some distributional effects among large industry groups to obtain their feedback size standards to ensure that existing and small businesses. Although SBA on its methodology and other size size standards have supportable bases cannot estimate with certainty the and to revise them when necessary. In actual outcome of gains and losses standards issues. In addition, SBA also presented its size standards addition, the Jobs Act directs SBA to among small and large businesses, it can conduct a detailed review of all size identify several probable impacts. There methodology to businesses in 13 cities in the U.S. and sought their input as standards and to make appropriate may be a transfer of some Federal adjustments to reflect market contracts from large businesses to small part of the Jobs Act tours. The presentations also included information conditions. Specifically, the Jobs Act businesses. Large businesses may have requires SBA to conduct a detailed fewer Federal contract opportunities as on the latest status of the comprehensive size standards review review of at least one-third of all size Federal agencies decide to set aside standards during every 18 month period more Federal contracts for small and how interested parties can provide SBA with input and feedback on the from the date of its enactment and do a businesses. In addition, some agencies complete review of all size standards may award more Federal contracts to size standards review. Moreover, SBA presented the same information to not less frequently than once every 5 HUBZone concerns instead of large years thereafter. businesses since HUBZone concerns Department of Defense (DoD) may be eligible for price evaluation contracting personnel at their annual Executive Order 12988 training session. It included updates on adjustments when they compete on full This action meets applicable what size standards rules SBA was and open bidding opportunities. standards set forth in Sections 3(a) and currently reviewing and plans to review Similarly, currently defined small 3(b)(2) of Executive Order 12988, Civil in the future. This is important because businesses may obtain fewer Federal Justice Reform, to minimize litigation, DoD contracting provides the greatest contracts due to the increased eliminate ambiguity, and reduce opportunities for and awards to small competition from more businesses burden. The action does not have businesses. defined as small under the revised size retroactive or preemptive effect. standards. This transfer may be offset by Additionally, SBA sent letters to the more Federal procurements set aside for Directors of the Offices of Small and Executive Order 13132 all small businesses. The number of Disadvantaged Business Utilization For purposes of Executive Order newly defined and expanding small (OSDBU) at several Federal agencies 13132, SBA has determined that this businesses that are willing and able to with considerable procurement final rule will not have substantial, sell to the Federal Government will responsibilities requesting their direct effects on the States, on the limit the potential transfer of contracts feedback on how the agencies use SBA’s relationship between the national away from large and small businesses size standards and whether current government and the States, or on the under the existing size standards. The standards meet their programmatic distribution of power and SBA cannot estimate with precision the needs (both procurement and non- responsibilities among the various potential distributional impacts of these procurement). SBA gave appropriate levels of government. Therefore, SBA transfers. consideration to all input, suggestions, has determined that this final rule has The revisions to the existing size recommendations, and relevant no Federalism implications warranting standards in NAICS Sector 71, Arts, information obtained from industry preparation of a Federalism assessment. Entertainment, and Recreation, are groups, individual businesses, and consistent with SBA’s statutory mandate Federal agencies in preparing the July Paperwork Reduction Act to assist small business. This regulatory 18, 2012 proposed rule (77 FR 42211) For the purpose of the Paperwork action promotes the Administration’s for NAICS Sector 71. Reduction Act, 44 U.S.C. Ch. 35, SBA objectives. One of SBA’s goals in Furthermore, when SBA issued the has determined that this final rule support of the Administration’s proposed rule, it notified individuals, would not impose any new reporting or objectives is to help individual small government procurement, and record keeping requirements. businesses succeed through fair and companies that had in recent years equitable access to capital and credit, exhibited an interest by letter, email, or Final Regulatory Flexibility Analysis Government contracts, and management phone, in size standards for NAICS Under the Regulatory Flexibility Act and technical assistance. Reviewing and Sector 71 so they could comment. (RFA), this final rule may have a modifying size standards, when The review of size standards in significant impact on a substantial appropriate, ensures that intended NAICS Sector 71, Arts, Entertainment, number of small entities in NAICS beneficiaries have access to small and Recreation, is consistent with Sector 71, Arts, Entertainment, and business programs designed to assist Section 6 of Executive Order 13563 Recreation. As described above, this them. calling for retrospective analyses of rule may affect small entities seeking

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Federal contracts, SBA’s 7(a) and 504 to nearly 43 percent under the revised However, the Small Business Act and Guaranteed Loans, SBA’s Economic size standards. SBA does not anticipate SBA’s regulations allow Federal Injury Disaster Loans, and various small a significant competitive impact on agencies to establish different size business benefits under other Federal smaller businesses in these industries standards if they believe that SBA’s size programs. because of this rule. The revised size standards are not appropriate for their Immediately below, SBA sets forth a standards will enable more small programs, with the approval of SBA’s final regulatory flexibility analysis of businesses to retain their small business Administrator (see 13 CFR 121.903). this final rule addressing the following status for a longer period. Under current The Regulatory Flexibility Act questions: (1) What are the need for and size standards, many small businesses authorizes an agency to establish an objective of the rule? (2) What are SBA’s may have lost their eligibility or found alternative small business definition description and estimate of the number it difficult to compete with companies after consultation with the Office of of small entities to which the rule will that are significantly larger than they are Advocacy of the U.S. Small Business apply? (3) What are the projected and this final rule attempts to correct Administration (5 U.S.C. 601(3)). reporting, record keeping, and other that impact. SBA believes these changes 5. What alternatives will allow the compliance requirements of the rule? (4) will have a positive impact for existing Agency to accomplish its regulatory What are the relevant Federal rules small businesses and for those that have objectives while minimizing the impact which may duplicate, overlap or either exceeded or are about to exceed on small entities? conflict with the rule? and (5) What current size standards. alternatives will allow the Agency to By law, SBA is required to develop accomplish its regulatory objectives 3. What are the projected reporting, numerical size standards for while minimizing the impact on small record keeping, and other compliance establishing eligibility for Federal small entities? requirements of the rule and an estimate business assistance programs. Other of the classes of small entities which than varying size standards by industry 1. What are the need for and objective will be subject to the requirements? of the rule? and changing the size measures, no practical alternative exists to the Most of SBA’s size standards for the Revising size standards does not impose any additional reporting or existing system of numerical size Arts, Entertainment, and Recreation standards. industries had not been reviewed since record keeping requirements on small the 1980s. Technological changes, entities. However, qualifying for Federal List of Subjects in 13 CFR Part 121 productivity growth, international procurement and a number of other Federal programs requires that entities Administrative practice and competition, mergers and acquisitions procedure, Government procurement, and updated industry definitions may register in the System for Award Management (SAM). Therefore, Government property, Grant programs— have changed the structure of many business, Individuals with disabilities, industries in that Sector. Such changes businesses opting to participate in those programs must comply with SAM Loan programs—business, Reporting can be sufficient to support revisions to and recordkeeping requirements, Small size standards for some industries. requirements. There are no costs associated with SAM registration. businesses. Based on the analysis of the latest For reasons set forth in the preamble, industry and program data available, Revising size standards alters access to SBA’s and other Federal programs that SBA amends 13 CFR part 121 as SBA believes that the revised standards follows: in this rule more appropriately reflect are designed to assist small businesses, but does not impose a regulatory burden the size of businesses in those industries PART 121—SMALL BUSINESS SIZE because they neither regulate nor that need Federal assistance. REGULATIONS Additionally, the Jobs Act requires SBA control business behavior. to review all size standards and make 4. What are the relevant Federal rules ■ 1. The authority citation for part 121 appropriate adjustments to reflect which may duplicate, overlap, or continues to read as follows: current data and market conditions. conflict with the rule? Authority: 15 U.S.C. 632, 634(b)(6), 662, 694a(9). 2. What are SBA’s description and Under section 3(a)(2)(C) of the Small estimate of the number of small entities Business Act, 15 U.S.C. 632(a)(2)(c), to which the rule will apply? ■ 2. In § 121.201, in the table ‘‘Small Federal agencies must use SBA’s size Business Size Standards by NAICS SBA estimates that approximately standards to define a small business, Industry,’’ revise entries for ‘‘711110’’, 1,450 additional firms will become unless specifically authorized by statute ‘‘711120’’, ‘‘711130’’, ‘‘711190’’, small because of increases in size to do otherwise. In 1995, SBA published ‘‘711211’’, ‘‘711212’’, ‘‘711219’’, standards in 17 industries in NAICS in the Federal Register a list of statutory ‘‘711310’’, ‘‘711320’’, ‘‘711410’’, Sector 71. That represents 1.3 percent of and regulatory size standards that ‘‘712110’’, ‘‘712130’’, ‘‘713110’’, total firms that are classified as small identified the application of SBA’s size ‘‘713210’’, ‘‘713290’’, ‘‘713910’’, and under the current size standards in all standards as well as other size standards ‘‘713920’’ to read as follows: 25 industries in that Sector. This will used by Federal agencies (60 FR 57988 result in an increase in the small (November 24, 1995)). SBA is not aware § 121.201. What size standards has SBA business share of total industry receipts of any Federal rule that would duplicate identified by North American Industry in those industries from about 35 or conflict with establishing or revising Classification System codes? percent under the current size standards size standards. * * * * *

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SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY

Size standards Size standards NAICS codes NAICS U.S. Industry title in millions of in number of dollars employees

******* 711110 ...... Theater Companies and Dinner Theaters ...... $19.0 ...... 711120 ...... Dance Companies ...... $10.0 ...... 711130 ...... Musical Groups and Artists ...... $10.0 ...... 711190 ...... Other Performing Arts Companies ...... $25.5 ...... 711211 ...... Sports Teams and Clubs ...... $35.5 ...... 711212 ...... Race Tracks ...... $35.5 ...... 711219 ...... Other Spectator Sports ...... $10.0 ...... 711310 ...... Promoters of Performing Arts, Sports and Similar Events with Facilities ...... $30.0 ...... 711320 ...... Promoters of Performing Arts, Sports and Similar Events without Facilities ...... $14.0 ...... 711410 ...... Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ...... $10.0 ......

******* 712110 ...... Museums ...... $25.5 ......

******* 712130 ...... Zoos and Botanical Gardens ...... $25.5 ......

******* 713110 ...... Amusement and Theme Parks ...... $35.5 ......

******* 713210 ...... Casinos (except Casino Hotels) ...... $25.5 ...... 713290 ...... Other Gambling Industries ...... $30.0 ...... 713910 ...... Golf Courses and Country Clubs ...... $14.0 ...... 713920 ...... Skiing Facilities ...... $25.5 ......

*******

Dated: June 13, 2013. Karen G. Mills, Administrator. [FR Doc. 2013–14708 Filed 6–19–13; 8:45 am] BILLING CODE 8025–01–P

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Part VI

The President

Proclamation 8994—National Small Business Week, 2013 Proclamation 8995—World Elder Abuse Awareness Day, 2013 Proclamation 8996—Father’s Day, 2013 Memorandum of June 14, 2013—Expanding America’s Leadership in Wireless Innovation

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Federal Register Presidential Documents Vol. 78, No. 119

Thursday, June 20, 2013

Title 3— Proclamation 8994 of June 14, 2013

The President National Small Business Week, 2013

By the President of the United States of America

A Proclamation In America, we believe that anyone willing to work hard and take risks can get their good idea off the ground and into the marketplace. It is a notion that has made our Nation bold and bright, and the best place to do business for generations—from small-town storefronts to pioneering startups that keep our country on the cutting edge. This week, we celebrate America’s entrepreneurial spirit, and we recommit to helping our small businesses get ahead. My Administration has been a proud partner in that important work from day one. We have cut taxes for small businesses 18 times, broadened their access to capital, and provided billions in loans so they can grow and hire. We have helped companies break into new markets abroad and export their products all over the world. Every step of the way, we have focused on making Government work better for business through initiatives like Startup America and BusinessUSA—groundbreaking programs that connect entrepreneurs to resources that can spur their success. Together, we can build on that progress. At a time when abusive patent litigation is stifling economic growth and putting companies of all sizes at risk, my Administration is taking action to protect innovators and keep our patent system strong. To create more opportunities for small businesses to compete and win in the global marketplace, we are moving forward on a Trans-Pacific Partnership that will boost our exports and level the playing field for American workers. We are implementing the Affordable Care Act so small businesses can make quality, affordable health insurance available to all their employees. And in the months ahead, we will continue pushing for tax reform that supports small businesses and keeps them at the forefront of our economic recovery. America’s small businesses reflect the best of who we are as a Nation— daring and innovative, courageous and hopeful, always working hard and looking ahead for that next great idea. They are our economy’s engine and our biggest source of new jobs. So this week, as entrepreneurs across our country keep striving to turn their dreams into reality, let us keep investing in them and doing everything we can to help our small businesses succeed. 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 June 16 through June 22, 2013, as National Small Business Week. I call upon all Americans to recognize the contributions of small businesses to the competitiveness of the American economy with appropriate programs and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of June, in the year of our Lord two thousand thirteen, and of the Independ- ence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–14968 Filed 6–19–13; 11:15 am] Billing code 3295–F3

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Proclamation 8995 of June 14, 2013

World Elder Abuse Awareness Day, 2013

By the President of the United States of America

A Proclamation After a lifetime of hard work and sacrifice, every American should be able to enjoy their golden years with dignity and security. But too often, senior citizens are the victims of abuse, neglect, or financial exploitation. Elder abuse is a global public health problem that affects people of every background and culture, and while it often occurs in silence, it takes a devastating toll on millions of older Americans each year. On World Elder Abuse Awareness Day, we reaffirm our commitment to ending this crime in all its forms. My Administration is a determined advocate for older Americans. Through the Elder Justice Act, which was enacted as part of the Affordable Care Act, we are working to prevent elder abuse, neglect, and exploitation. States and tribes are investigating risk factors for abuse and neglect and identifying strategies to stop it. We convened the Elder Justice Coordinating Council to better focus prevention efforts across the Federal Government. We are committed to combatting exploitation by empowering seniors to meet finan- cial challenges and helping them avoid scams. And we continue to pursue a rigorous criminal justice response to elder abuse, neglect, and exploitation— one that holds offenders accountable, gives professionals meaningful training, and ensures victims get the help they need. Older Americans have steered our Nation through times of hardship and war, and ushered in eras of progress and prosperity. Today, let us stand up and speak out on their behalf, and meet our responsibility to show our elders the care and respect they deserve. 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 June 15, 2013, as World Elder Abuse Awareness Day. I call upon all Americans to observe this day by learning the signs of elder abuse, neglect, and exploitation, and by raising awareness about this growing public health issue.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of June, in the year of our Lord two thousand thirteen, and of the Independ- ence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–14969 Filed 6–19–13; 11:15 am] Billing code 3295–F3

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Proclamation 8996 of June 14, 2013

Father’s Day, 2013

By the President of the United States of America

A Proclamation Each day, men from every walk of life pour themselves into the hard, proud, rewarding work of raising our sons and daughters. And each June, families all across our country pause to say thanks and let fathers know how much they mean to us—not just as partners or providers, but also as loving parents who never stop striving to give their kids the best life has to offer. We see that sense of commitment throughout our communities. We see it in our schools, where dads attend assemblies and parent-teacher con- ferences, and help out with homework. We see it on our playing fields and in our congregations, where fathers instill the life lessons that set our kids on a path to success. We see it in parents working a second job or taking on an extra shift, putting a little away so their children can go to college. And we see it in mentors and tutors and foster dads, taking on the duties of fatherhood for young people in need. That work is rarely easy. But we know it adds up, building character in our children and instilling in them qualities to last a lifetime: love and hope, courage and discipline, trust in themselves and others. As fathers, teaching those values is our first task. Yet too often, boys and girls are growing up without the support of their fathers. We know our country can do better. So as men in every corner of America keep stepping up and being present in the lives of our children, my Administration will keep striving to support them. Today, we rededicate ourselves to that important work. And as sons and daughters, let us show our lasting gratitude to the men who have shaped us, who lift our sights, and who enrich our lives with a father’s love, day after day. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, in accordance with a joint resolution of the Congress approved April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 16, 2013, as Father’s Day. I direct the appropriate officials of the Government to display the flag of the United States on all Government buildings on this day, and I call upon all citizens to observe this day with appropriate programs, ceremonies, and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of June, in the year of our Lord two thousand thirteen, and of the Independ- ence of the United States of America the two hundred and thirty-seventh.

[FR Doc. 2013–14970 Filed 6–19–13; 11:15 am] Billing code 3295–F3

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Memorandum of June 14, 2013 Expanding America’s Leadership in Wireless Innovation

Memorandum for the Heads of Executive Departments and Agencies

A combination of American entrepreneurship and innovation, private invest- ment, and smart policy has positioned the United States as the global leader in wireless broadband technologies. Expanding the availability of spectrum for innovative and flexible commercial uses, including for broadband serv- ices, will further promote our Nation’s economic development by providing citizens and businesses with greater speed and availability of coverage, encourage further development of cutting-edge wireless technologies, applica- tions, and services, and help reduce usage charges for households and busi- nesses. We must continue to make additional spectrum available as promptly as possible for the benefit of consumers and businesses. At the same time, we must ensure that Federal, State, local, tribal, and territorial governments are able to maintain mission critical capabilities that depend on spectrum today, as well as effectively and efficiently meet future requirements. In my memorandum of June 28, 2010 (Unleashing the Wireless Broadband Revolution), I directed the Secretary of Commerce, working through the National Telecommunications and Information Administration (NTIA), to collaborate with the Federal Communications Commission (FCC) to make 500 MHz of Federal and nonfederal spectrum available for wireless broadband use within 10 years. Executive departments and agencies (agencies), including NTIA, have done an excellent job of pursuing the twin goals of advancing their agency missions and promoting innovation and economic growth. Al- though existing efforts will almost double the amount of spectrum available for wireless broadband, we must make available even more spectrum and create new avenues for wireless innovation. One means of doing so is by allowing and encouraging shared access to spectrum that is currently allocated exclusively for Federal use. Where technically and economically feasible, sharing can and should be used to enhance efficiency among all users and expedite commercial access to additional spectrum bands, subject to adequate interference protection for Federal users, especially users with national security, law enforcement, and safety-of-life responsibilities. In order to meet growing Federal spectrum requirements, we should also seek to eliminate restrictions on commercial carriers’ ability to negotiate sharing arrangements with agencies. To further these efforts, while still safeguarding protected incumbent systems that are vital to Federal interests and economic growth, this memorandum directs agencies and offices to take a number of additional actions to accelerate shared access to spectrum. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in Federal procurement, I hereby direct the following: Section 1. Spectrum Policy Team. (a) The Chief Technology Officer and the Director of the National Economic Council, or their designees, shall co-chair a Spectrum Policy Team that shall include representatives from the Office of Management and Budget (OMB), the National Security Staff, and the Council of Economic Advisers. The Spectrum Policy Team shall work with NTIA to implement this memorandum. The Spectrum Policy Team may invite the FCC to provide advice and assistance.

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(b) The Spectrum Policy Team shall monitor and support advances in spectrum sharing policies and technologies. Within 1 year of the date of this memorandum, the Spectrum Policy Team shall publish a report describ- ing how NTIA and FCC are incorporating spectrum sharing into their spec- trum management practices. The report shall include recommendations that enable more productive uses of spectrum throughout our economy and soci- ety and protect the current and future mission capabilities of agencies. The Spectrum Policy Team shall also assess national security, law enforce- ment, safety-of-life, economic, scientific, social, international, and other pol- icy considerations related to licensed and unlicensed spectrum use, including standardization as well as the extent to which the revenue potential of spectrum auctions affects spectrum policy. Sec. 2. Collaboration on Spectrum Sharing. (a) The Secretary of Commerce, working through NTIA, has been facilitating discussions between agencies and nonfederal entities that have produced an unprecedented level of infor- mation-sharing and collaboration to identify opportunities for agencies to relinquish or share spectrum, currently focusing on the 1695–1710 MHz band, the 1755–1850 MHz band, and the 5350–5470 and 5850–5925 MHz bands. The NTIA shall continue to facilitate these discussions and the sharing of data to expedite commercial entry into these bands where possible, pro- vided that the mission capabilities of Federal systems designed to operate in these bands are maintained and protected, including through relocation, either to alternative spectrum or non-spectrum dependent systems, or through acceptable sharing arrangements. These discussions shall also be expanded to encompass more spectrum bands that may be candidates for shared access, specifically those in the range below 6 GHz, subject to the protection of the capabilities of Federal systems designed to operate in those bands. (b) Within 3 months of the date of this memorandum, the Secretary of Commerce, working through NTIA and the National Institute of Standards and Technology (NIST), and building on the results from the Networking and Information Technology Research and Development Program, shall pub- lish an inventory and description of Federal test facilities available to com- mercial and other stakeholders engaged in research, development, testing, and evaluation of technologies to enhance spectrum sharing and other spec- trum-related efficiencies. To maximize the productive use of these facilities and to facilitate greater collaboration among agencies and nonfederal stake- holders, the Secretary of Commerce, working through NTIA, NIST, and other appropriate agencies, shall, within 6 months of the date of this memo- randum, establish a plan for the development and promulgation of standard policies, best practices, and templates governing the following: research, development, testing, and evaluation of spectrum sharing technologies by and among commercial, Government, and academic stakeholders at Federal facilities. (c) All policies, practices, and templates shall be subject to safeguards reasonably necessary to protect classified, sensitive, and proprietary data. Within 6 months of the date of this memorandum, the Spectrum Policy Team, in consultation with the Department of Justice, the National Archives and Records Administration, the Office of the Director of National Intel- ligence, and other appropriate agencies, shall, consistent with applicable law, including 5 U.S.C. 552, as amended by Public Law 107–306 and Public Law 11–175, and Executive Order 13526 of December 29, 2009 (Classified National Security Information), implement policies for the sharing with au- thorized nonfederal parties of classified, sensitive, or proprietary data regard- ing assignments, utilization of spectrum, system configurations, business plans, and other information. Sec. 3. Agency Usage of Spectrum. (a) The NTIA, in consultation with the Spectrum Policy Team and appropriate agencies, shall include in its Fourth Interim Report required by section 1(d) of my memorandum of June 28, 2010, a plan directing applicable agencies to provide quantitative assess- ments of the actual usage of spectrum in those spectrum bands that NTIA previously identified and prioritized in its Third Interim Report and such

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other bands as NTIA and the Spectrum Policy Team determine have the greatest potential to be shared with nonfederal users. Each agency’s assess- ment shall be prepared according to such metrics and other parameters as are reasonably necessary to determine the extent to which spectrum assigned to the agency could potentially be made available for sharing with or release to commercial users, particularly in major metropolitan areas, without adversely affecting agencies’ missions, especially those related to national security, law enforcement, and safety of life. Each assessment shall also include a discussion of projected increases in spectrum usage and needs and shall identify where access to nonfederal spectrum could aid in fulfilling agency missions. The plan shall further require each agency to submit its assessments to NTIA and the Spectrum Policy Team within 12 months of the plan’s release. In identifying spectrum bands with the greatest potential to be shared, NTIA and the Spectrum Policy Team shall consider the number and nature of Federal and nonfederal systems in a band, the technical suitability of the band for shared use, international implications, any potential for relocating Federal systems to comparable spectrum or otherwise enabling comparable capabilities, and other factors NTIA and the Spectrum Policy Team deem relevant based on consultation with agencies and other stakeholders. A band shall be identified as a can- didate for shared access under this subsection only if it has been likewise identified under section 2(a) of this memorandum. (b) The reporting of information under this section shall be subject to existing safeguards protecting classified, sensitive, and proprietary data. The NTIA shall release a summary of the assessments publicly to the extent consistent with law. The NTIA and the Spectrum Policy Team shall make any appropriate recommendations regarding the possible availability of spec- trum in the subject bands for innovative and flexible commercial uses, including broadband, taking into account factors such as the nature of the Federal systems in the bands and the extent to which those systems occupy and use the bands. (c) The NTIA shall design and conduct a pilot program to monitor spectrum usage in real time in selected communities throughout the country to deter- mine whether a comprehensive monitoring program in major metropolitan areas could disclose opportunities for more efficient spectrum access, includ- ing via sharing. The NTIA shall work with agencies to ensure the program will not reveal sensitive or classified information. The NTIA shall consult with each agency to determine the correct technical parameters to monitor usage. (d) Within 6 months of the date of this memorandum, NTIA shall take such actions as are necessary to require that each agency’s regular reviews of its frequency assignments include a quantitative assessment of its actual usage of spectrum under such assignments. (e) The NTIA shall also take such actions as are necessary to require that an agency requesting a frequency assignment or spectrum certification for systems operating between 400 MHz and 6 GHz verify that it must operate in this critical range, and that it will use the minimum spectrum reasonably necessary to most effectively meet mission requirements. The requesting agency shall also verify that it is not reasonable to satisfy such requirements in some other manner, such as at higher frequencies, via com- mercial services, or via a system that is not spectrum-dependent, whether due to cost, technology, implementation, performance reasons, international obligations, or other practical or legal constraints. In the case of system certification requests only, the requesting agency shall also present with its request a narrative explaining why its proposed solution will most effec- tively meet its mission requirements, in light of potential alternative ap- proaches and all practical and legal constraints. Further, requesting agencies shall identify spectrum that will no longer be used by any legacy systems that are replaced. In implementing this subsection, NTIA shall take all steps necessary to protect against disclosure of sensitive and classified infor- mation.

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Sec. 4. Spectrum Efficiency in Procurements. Agencies shall include spectrum efficiency when considering procurement of spectrum-dependent systems and hardware, as a technical requirement, an evaluation criterion for award, or both. The Director of OMB, in consultation with NTIA, shall develop and incorporate spectrum efficiency guidelines into budget and procurement processes. These guidelines shall facilitate, as appropriate, the design and procurement of systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems. The guidelines also shall require, to the extent possible, procurements of Federal systems such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of such systems, consistent with any applicable radio receiver performance criteria and international obliga- tions. Sec. 5. Performance Criteria for Radio Receivers. The FCC is strongly encour- aged, in consultation with NTIA, where appropriate, the industry, and other stakeholders, to develop to the fullest extent of its legal authority a program of performance criteria, ratings, and other measures, including standards, to encourage the design, manufacture, and sale of radio receivers such that emission levels resulting from reasonable use of adjacent spectrum will not endanger the functioning of the receiver or seriously degrade, obstruct, or repeatedly interrupt the operations of the receiver. In developing such a program, the FCC is strongly encouraged to give due consideration to existing policies and prudent investments that have been previously made in systems, including receivers. In its consultation with the FCC, NTIA shall provide information regarding Federal receiver standards and agency practices under those standards. Sec. 6. Incentives for Agencies. The Spectrum Policy Team shall, within 6 months of the date of this memorandum, publish a report making rec- ommendations to the President regarding market-based or other approaches that could give agencies greater incentive to share or relinquish spectrum, while protecting the mission capabilities of existing and future systems that rely on spectrum use. The report shall consider whether the Spectrum Currency and Spectrum Efficiency Fund proposals made by the President’s Council of Advisors on Science and Technology would be effective. The report shall also analyze the impact of the Commercial Spectrum Enhance- ment Act of 2004 (Title II of Public Law 108–494), as modified by the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112– 96). Sec. 7. Rapid Deployment of Wireless Broadband. The FCC is strongly encour- aged, in collaboration with NTIA, where appropriate, to expedite the repurposing of spectrum and otherwise enable innovative and flexible com- mercial uses of spectrum, including broadband, to be deployed as rapidly as possible by: (a) identifying spectrum allocated for nonfederal uses that can be made available for licensed and unlicensed wireless broadband services and de- vices, and other innovative and flexible uses of spectrum, while fairly accom- modating the rights and reasonable expectations of incumbent users; (b) identifying spectrum allocated for nonfederal uses that can be made available to agencies, on a shared or exclusive basis, particularly where necessary to accommodate agencies seeking to relocate systems out of bands that could be made available for licensed services or unlicensed devices; (c) promulgating and enforcing rules for licensed services to provide strong incentives for licensees to put spectrum to use and avoid spectrum warehousing. Such rules may include build-out requirements or other licens- ing conditions as appropriate for the particular circumstance; (d) establishing and maintaining conditions that promote a reliable sec- ondary market for spectrum, including provisions enabling negotiated access by agencies and uses not addressed in subsection (b) of this section;

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(e) promulgating and enforcing rules for licensed services and unlicensed devices to share Federal spectrum that accommodate mission changes and technology updates by both Federal and nonfederal users; and (f) consulting with the Department of State regarding international obliga- tions related to spectrum use. Sec. 8. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to any agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administra- tive, or legislative proposals. (b) Nothing in this memorandum shall be construed to require the disclo- sure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety. (c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) Independent agencies are strongly encouraged to comply with the requirements of this memorandum. (f) The Presidential Memorandum of November 30, 2004 (Improving Spec- trum Management for the 21st Century), is hereby revoked. (g) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, June 14, 2013.

[FR Doc. 2013–14971 Filed 6–19–13; 11:15 am] Billing code 3510–07

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Reader Aids Federal Register Vol. 78, No. 119 Thursday, June 20, 2013

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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 3 CFR 3201...... 34867 Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 Proclamations: 956...... 37150 8988...... 33955 1710...... 33755, 33757 Other Services 8989...... 33957 Electronic and on-line services (voice) 741–6020 8990...... 33959 8 CFR Privacy Act Compilation 741–6064 8991...... 33961 235...... 35103 Public Laws Update Service (numbers, dates, etc.) 741–6043 8992...... 34243 TTY for the deaf-and-hard-of-hearing 741–6086 8993...... 35101 9 CFR 8994...... 37425 Proposed Rules: ELECTRONIC RESEARCH 8995...... 37427 8996...... 37429 317...... 34589 World Wide Web Executive Orders: 10 CFR 13622 (Amended by Full text of the daily Federal Register, CFR and other publications 1...... 34245 is located at: www.fdsys.gov. EO 13645)...... 33945 13645...... 33945 2...... 34245 Federal Register information and research tools, including Public 30...... 33691 Administrative Orders: Inspection List, indexes, and links to GPO Access are located at: 40...... 33691, 34245 Memorandums: www.ofr.gov. 50...... 34245 Memorandum of May 51 ...... 34245, 37282, 37324, E-mail 31, 2013 ...... 33943 37325 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of June 52...... 34245 an open e-mail service that provides subscribers with a digital 3, 2013 ...... 35545 54...... 37324 form of the Federal Register Table of Contents. The digital form Memorandum of June 70...... 33691, 34245 of the Federal Register Table of Contents includes HTML and 7, 2013 ...... 35539 71...... 35746 PDF links to the full text of each document. Memorandum of 73...... 34245, 35746 To join or leave, go to http://listserv.access.gpo.gov and select November 30, 2004 100...... 34245 Online mailing list archives, FEDREGTOC-L, Join or leave the list (Revoked by 170...... 33691 (or change settings); then follow the instructions. Memorandum of 171...... 33691 PENS (Public Law Electronic Notification Service) is an e-mail June 14, 2013)...... 37431 429...... 36316 service that notifies subscribers of recently enacted laws. Memorandum of June 430...... 36316 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 14, 2013 ...... 37431 and select Join or leave the list (or change settings); then follow Notices: Proposed Rules: 20...... 33008 the instructions. Notice of June 13, 50...... 34604 FEDREGTOC-L and PENS are mailing lists only. We cannot 2013 ...... 36081 70...... 33995 respond to specific inquiries. Notice of June 17, 431...... 33263 Reference questions. Send questions and comments about the 2003 ...... 37099 Federal Register system to: [email protected] Presidential 12 CFR The Federal Register staff cannot interpret specific documents or Determinations: regulations. No. 2013-09 of June 4, 237...... 34545 Reminders. Effective January 1, 2009, the Reminders, including 2013 ...... 35535 261...... 34874 Rules Going Into Effect and Comments Due Next Week, no longer No. 2013-09 of June 5, 380...... 34712 appear in the Reader Aids section of the Federal Register. This 2013 ...... 35537 615...... 34550, 37101 information can be found online at http://www.regulations.gov. 621...... 34550 5 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 652...... 34550 longer appears in the Federal Register. This information can be Proposed Rules: 1026...... 35430 found online at http://bookstore.gpo.gov/. 550...... 36312 1209...... 37101 581...... 33912 13 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 582...... 33912 831...... 33912 121 ...... 36083, 37398, 37404, 32979–33192...... 3 838...... 33912 37409, 37417 33193–33688...... 4 841...... 33912 33689–33954...... 5 842...... 33912 14 CFR 33955–34244...... 6 843...... 33912 Ch. I ...... 36412 34245–34544...... 7 848...... 33912 23...... 35747, 36084 34545–34866...... 10 870...... 33912 25...... 36084 34867–35100...... 11 890...... 33912 29...... 35108 35101–35544...... 12 39 ...... 33193, 33197, 33199, 35545–35742...... 13 6 CFR 33201, 33204, 33206, 34550, 35743–36082...... 14 1000...... 33689 35110, 35747, 35749, 35752, 36083–36406...... 17 36089, 36407 36407–36644...... 18 7 CFR 71 ...... 33963, 33964, 33965, 36645–37100...... 19 457...... 33690 33966, 33967, 33968, 34522, 37101–37436...... 20 948...... 35743 34553, 34554, 34555, 34556,

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34557, 34558, 36411, 37103, 317...... 35155 36431, 36656, 36658, 36660, 85...... 36135 37104, 37105 866...... 36698 36662, 36664, 37115 86...... 36135 95...... 32979 870...... 36702 Proposed Rules: 180...... 33785, 35189 97...... 34559, 34561 890...... 35173 100 ...... 35593, 35596, 35783 271...... 35837 Proposed Rules: 151...... 33774 300...... 33276 1...... 34935 22 CFR 165 ...... 34293, 34300, 35787, 372...... 37176 23...... 34935 41...... 33699 35790, 35798, 35801 423...... 34432 25...... 34935 42...... 32989 770...... 34796, 34820 27...... 34935 34 CFR 1036...... 36135 29...... 34935 23 CFR Ch. III...... 33228, 34261, 34897, 1037...... 36135 39 ...... 33010, 33012, 33764, Proposed Rules: 34901, 35758, 35761, 36667 1039...... 36135 33766, 33768, 33770, 34279, 655...... 36132 Proposed Rules: 1042...... 36135 34280, 34282, 34284, 24386, 75...... 34962 1048...... 36135 34288, 34290, 34605, 34958, 24 CFR Ch. III...... 34962, 35808 1054...... 36135 34960, 35574, 35773, 36129, 891...... 37106 Ch. VI...... 35179 1065...... 36135 36691, 37150, 37152, 37154, Proposed Rules: 1066...... 36135 37156, 37158, 37160, 37162 1000...... 35178 36 CFR 1068...... 36135 61...... 34935 212...... 33705 41 CFR 71 ...... 33015, 33016, 33017, 25 CFR 214...... 33705 33019, 33263, 33265, 33772, 518...... 37114 215...... 33705 Proposed Rules: 34608, 34609, 35776, 36131 Proposed Rules: 222...... 33705 102–117...... 36723 91...... 34935 228...... 33705 151...... 37164 42 CFR 121...... 34935 241...... 33705 125...... 34935 26 CFR 254...... 33705 433...... 32991 135...... 34935 1...... 35559 292...... 33705 Proposed Rules: 52i ...... 35837 15 CFR 40...... 34874 49...... 34874 38 CFR 43 CFR 738...... 37372 54...... 33158 17...... 36092 740...... 33692, 37372 602...... 34874 Proposed Rules: 1820...... 35570 742...... 33692, 37372 74...... 36715 Proposed Rules: 743...... 37372 27 CFR 3160...... 34611 746...... 37372 4...... 34565 39 CFR 3900...... 35601 748...... 32981 3001...... 36434 3920...... 35601 752...... 37372 29 CFR Proposed Rules: 3930...... 35601 770...... 37372 1610...... 36645 772...... 37372 3001...... 35812 44 CFR 1910...... 35559 3030...... 35826 774...... 33692, 37372 1926...... 35559 64...... 33989 902...... 33243 3032...... 35826 2590...... 33158 3033...... 35826 67 ...... 33991, 36098, 36099 Proposed Rules: 4022...... 35754 Proposed Rules: 922...... 35776 4044...... 35754 40 CFR 67...... 34014 Proposed Rules: 16 CFR 52 ...... 33230, 33726, 33977, 45 CFR 1910...... 35585 34584, 34903, 34906, 34910, Proposed Rules: 1926...... 35585 34911, 34915, 35764, 36440, 146...... 33158 301...... 36693 37118, 37122, 37124, 37126, 147...... 33158 30 CFR 17 CFR 37130, 37132 155...... 33233 Proposed Rules: 62...... 34918 156...... 33233 37...... 33476, 33606 934...... 35781 63...... 37133 160...... 34264 38...... 32988, 33606 81...... 33230 164...... 34264 Proposed Rules: 31 CFR 85...... 36370 1180...... 34920 210...... 36834 Proposed Rules: 86...... 36370 Proposed Rules: 230...... 36834 1010...... 33774, 34008 180 ...... 33731, 33736, 33744, 144...... 37032 239...... 36834 33748, 35143, 35147, 36093, 147...... 37032 270...... 36834 32 CFR 36671, 36677 153...... 37032 274...... 36834 65...... 34250 271...... 33986, 35766 155...... 37032 279...... 36834 706...... 33208 1036...... 36370 156...... 37032 1321...... 36449 19 CFR 2402...... 33209 1037...... 36370 Proposed Rules: 1039...... 36370 1327...... 36449 Proposed Rules: 199...... 34292 1042...... 36370 46 CFR 201...... 36446 232...... 36134 1048...... 36370 207...... 36446 1054...... 36370 221...... 35769 33 CFR 1065...... 36370 20 CFR 47 CFR 100 ...... 32990, 33216, 33219, 1066...... 36370 718...... 35549 33221, 33700, 33969, 34568, 1068...... 36370 1...... 33634 725...... 35549 34570, 34573, 34879, 34881, Proposed Rules: 2...... 33634 Proposed Rules: 34884, 34886, 34887, 35135, 49...... 33266, 36716 5...... 36677 718...... 35575 35756, 36424 50...... 34178, 34964 15...... 34922 725...... 35575 117 ...... 33223, 33971, 34892, 51 ...... 34178, 34964, 37164 52...... 36679 34893, 35756, 35757, 35758, 52 ...... 33784, 34013, 34303, 54...... 32991 21 CFR 36653, 36654, 36655 34306, 34738, 34965, 34966, 73...... 36683 73...... 35115 165 ...... 32990, 33224, 33703, 34970, 34972, 35181, 35599, 90...... 36684 316...... 35117 33972, 33975, 34255, 34258, 36716, 37176 95...... 33634 522...... 33698 34573, 34575, 34577, 34579, 62...... 34973 Proposed Rules: 579...... 34565 34582, 34887, 34894, 34895, 70...... 34178, 34964 1 ...... 33654, 34015, 34612, Proposed Rules: 34896, 34897, 35135, 35567, 71...... 34178, 34964 36148, 36469 Ch. I ...... 36711 36091, 36092, 36426, 36429, 80...... 36042 2 ...... 33654, 34015, 34309

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15...... 33654 225...... 36108 50 CFR 679 ...... 33243, 35572, 35771 20...... 34015, 36469 227...... 33994 2...... 35149 680...... 36122 22...... 34015, 36148 235...... 36108 10...... 35149 Proposed Rules: 24 ...... 33654, 34015, 36148 252...... 33994, 36108 13...... 35149 Ch. II ...... 37186 25...... 33654, 34309 1401...... 34266 15...... 35149 Ch. III ...... 37186 27 ...... 33654, 34015, 36148 1452...... 34266 18...... 35364 Ch. IV...... 37186 52...... 34015, 36725 1480...... 34266 21...... 35149 Ch. V...... 37186 54...... 34016 Proposed Rules: 29...... 35149 Ch. VI...... 37186 64...... 35191 2...... 34020 80...... 35149 17 ...... 33282, 33790, 35201, 73...... 33654 4...... 34020 84...... 35149 35664, 35719, 37328, 37363 79...... 36478 925...... 35195 85...... 35149 20...... 35844 90 ...... 33654, 34015, 36148 952...... 35195 100...... 35149 95...... 33654, 34015 970...... 35195 300...... 33240, 33243 223...... 34309 97...... 33654 622 ...... 32995, 33255, 33259, 224 ...... 33300, 34024, 34309 101...... 33654 49 CFR 34586, 35571, 36113, 36444, 300...... 36496 214...... 33754 37148 600...... 36149 48 CFR 523...... 36370 635...... 36685 622...... 34310 204...... 33993, 36108 535...... 36370 648...... 34587, 34928 648...... 33020 209...... 33994 Proposed Rules: 660...... 35153, 36117 679...... 33040, 36150 222...... 36113 233...... 36738 665...... 32996 697...... 35217

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in today’s List of Public Note: Effective July 1, 2013, Laws. the PLUS recording service LIST OF PUBLIC LAWS Public Laws Update will end. Last List June 17, 2013 Service (PLUS) Public Law information will Note: No public bills which continue to be available on have become law were PLUS is a recorded PENS at http://listserv.gsa.gov/ received by the Office of the announcement of newly archives/publaws-l.html and Federal Register for inclusion enacted public laws. the Federal Register Twitter feed at http://twitter.com/ fedregister.

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