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  <VOL>77</VOL>
  <NO>77</NO>
  <DATE>Friday, April 20, 2012</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agriculture</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Forest Service</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Air Force</EAR>
      <HD>Air Force Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>GPS Satellite Simulator Working Group,</SJDOC>
          <PGS>23668</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9556</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Antitrust Division</EAR>
      <HD>Antitrust Division</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>The National Cooperative Research And Production Act Of 1993:</SJ>
        <SJDENT>
          <SJDOC>3D PDF Consortium, Inc.,</SJDOC>
          <PGS>23754</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9521</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advanced Media Workflow Association, Inc.,</SJDOC>
          <PGS>23754</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9523</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>OpenSAF Foundation,</SJDOC>
          <PGS>23754-23755</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9522</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Antitrust</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Antitrust Division</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Army</EAR>
      <HD>Army Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Engineers Corps</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Blind or Severely Disabled, Committee for Purchase From  People Who Are</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Committee for Purchase From People Who Are Blind or Severely Disabled</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Centers Medicare</EAR>
      <HD>Centers for Medicare &amp; Medicaid Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Medicare Program:</SJ>
        <SJDENT>
          <SJDOC>Extension of Certain Wage Index Reclassifications and Special Exceptions for the Hospital Inpatient Prospective Payment Systems, etc.,</SJDOC>
          <PGS>23722-23729</PGS>
          <FRDOCBP D="7" T="20APN1.sgm">2012-9598</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Children</EAR>
      <HD>Children and Families Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23729</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9544</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Special Local Regulations and Safety Zones:</SJ>
        <SJDENT>
          <SJDOC>Recurring Events in Northern New England,</SJDOC>
          <PGS>23601-23615</PGS>
          <FRDOCBP D="14" T="20APR1.sgm">2012-9519</FRDOCBP>
        </SJDENT>
        <SJ>Special Local Regulations for Marine Events:</SJ>
        <SJDENT>
          <SJDOC>Potomac River, Charles County, MD,</SJDOC>
          <PGS>23599-23601</PGS>
          <FRDOCBP D="2" T="20APR1.sgm">2012-9518</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>International Trade Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Oceanic and Atmospheric Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Patent and Trademark Office</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Committee for Purchase</EAR>
      <HD>Committee for Purchase From People Who Are Blind or Severely Disabled</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Procurement List:</SJ>
        <SJDENT>
          <SJDOC>Additions,</SJDOC>
          <PGS>23665</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9588</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Procurement List; Proposed Additions and Deletions,</DOC>
          <PGS>23665-23666</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9589</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Consumer Product</EAR>
      <HD>Consumer Product Safety Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>23666</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9688</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Corporation</EAR>
      <HD>Corporation for National and Community Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23666-23667</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9512</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Acquisition</EAR>
      <HD>Defense Acquisition Regulations System</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Defense Federal Acquisition Regulation Supplement; Technical Amendments,</DOC>
          <PGS>23631-23632</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9582</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Air Force Department</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Defense Acquisition Regulations System</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Engineers Corps</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Navy Department</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Defense Advisory Committee on Military Personnel Testing,</SJDOC>
          <PGS>23667</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9506</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces,</SJDOC>
          <PGS>23667-23668</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9493</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Department of Transportation</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Pipeline and Hazardous Materials Safety Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Education Department</EAR>
      <HD>Education Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Measures and Methods for the National Reporting System for Adult Education,</SJDOC>
          <PGS>23674</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9515</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Office of Elementary and Secondary Education; Consolidated State Performance Report (Part I and Part II),</SJDOC>
          <PGS>23674-23675</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9514</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Applications for New Awards; Promise Neighborhoods Program--Implementation Grant Competition,</DOC>
          <PGS>23675-23690</PGS>
          <FRDOCBP D="15" T="20APN1.sgm">2012-9597</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Applications for New Awards; Promise Neighborhoods Program--Planning Grant Competition,</DOC>
          <PGS>23690-23704</PGS>
          <FRDOCBP D="14" T="20APN1.sgm">2012-9595</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Employee Benefits</EAR>
      <HD>Employee Benefits Security Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Individual Exemptions:</SJ>
        <SJDENT>
          <SJDOC>Renaissance Technologies, LLC, New York, NY,</SJDOC>
          <PGS>23756-23764</PGS>
          <FRDOCBP D="8" T="20APN1.sgm">2012-9496</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Employment and Training</EAR>
      <HD>Employment and Training Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Job Training Evaluations; Extension without revisions,</SJDOC>
          <PGS>23764-23765</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9585</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy Department</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Energy Information Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Energy Regulatory Commission</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Energy Information</EAR>
      <HD>Energy Information Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23704-23705</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9574</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Engineers</EAR>
      <PRTPAGE P="iv"/>
      <HD>Engineers Corps</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Intracoastal Waterway; Port Royal Sound, SC, to Georgia-Florida Stateline,</SJDOC>
          <PGS>23668-23669</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9578</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Encinitas and Solana Beach Shoreline Protection Project, San Diego County, CA,</SJDOC>
          <PGS>23670-23671</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9579</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Pascagoula Lower Sound/Bayou Casotte Channel, Jackson County, MS; Public Hearing,</SJDOC>
          <PGS>23669-23670</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9627</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Approval and Promulgation of Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Alabama; Removal of State Low-Reid Vapor Pressure Requirement for the Birmingham Area,</SJDOC>
          <PGS>23619-23622</PGS>
          <FRDOCBP D="3" T="20APR1.sgm">2012-9446</FRDOCBP>
        </SJDENT>
        <SJ>Approvals and Promulgations of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted Standard,</SJDOC>
          <PGS>23622-23625</PGS>
          <FRDOCBP D="3" T="20APR1.sgm">2012-9440</FRDOCBP>
        </SJDENT>
        <SJ>Pesticide Tolerances:</SJ>
        <SJDENT>
          <SJDOC>Quizalofop Ethyl,</SJDOC>
          <PGS>23625-23630</PGS>
          <FRDOCBP D="5" T="20APR1.sgm">2012-9447</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Approval of Air Quality Implementation Plans; Wisconsin:</SJ>
        <SJDENT>
          <SJDOC>Disapproval of Infrastructure SIP with respect to Oxides of Nitrogen as a Precursor to Ozone Provisions and New Source Review Exemptions for Fuel Changes, etc.,</SJDOC>
          <PGS>23647-23652</PGS>
          <FRDOCBP D="5" T="20APP1.sgm">2012-9608</FRDOCBP>
        </SJDENT>
        <SJ>Approvals and Promulgations of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted Standard,</SJDOC>
          <PGS>23652</PGS>
          <FRDOCBP D="0" T="20APP1.sgm">2012-9495</FRDOCBP>
        </SJDENT>
        <SJ>Approvals and Promulgations of Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Montana; State Implementation Plan and Regional Haze Federal Implementation Plan,</SJDOC>
          <PGS>23988-24101</PGS>
          <FRDOCBP D="113" T="20APP2.sgm">2012-8367</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Environmental Impact Statements; Availability, etc.,</DOC>
          <PGS>23713</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9584</FRDOCBP>
        </DOCENT>
        <SJ>Pesticides:</SJ>
        <SJDENT>
          <SJDOC>Final Guidance on Material Safety Data Sheets as Pesticide Labeling; Request for Comment on Paperwork Burden,</SJDOC>
          <PGS>23713-23715</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9636</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Executive Office of the President</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Presidential Documents</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Trade Representative, Office of United States</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Revocation of Class E Airspace; Southport, NC, and Establishment of Class E Airspace; Oak Island, NC,</DOC>
          <PGS>23597-23598</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-8557</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>Bell Helicopter Textron, Incorporated Helicopters,</SJDOC>
          <PGS>23638-23643</PGS>
          <FRDOCBP D="5" T="20APP1.sgm">2012-9569</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Pratt and Whitney Division Turbofan Engines,</SJDOC>
          <PGS>23637-23638</PGS>
          <FRDOCBP D="1" T="20APP1.sgm">2012-9545</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Communications</EAR>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Lifeline and Link Up Reform and Modernization:</SJ>
        <SJDENT>
          <SJDOC>Advancing Broadband Availability through Digital Literacy Training, et al.,</SJDOC>
          <PGS>23630-23631</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9586</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23715-23719</PGS>
          <FRDOCBP D="4" T="20APN1.sgm">2012-9591</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Combined Filings,</DOC>
          <PGS>23711</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9564</FRDOCBP>
        </DOCENT>
        <SJ>Initial Market-Based Rate Filing Includes Request For Blanket Section 204 Authorization:</SJ>
        <SJDENT>
          <SJDOC>Alta Wind IX, LLC,</SJDOC>
          <PGS>23711</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9566</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Alta Wind VII, LLC,</SJDOC>
          <PGS>23712</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9565</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Kleantricity, Inc.,</SJDOC>
          <PGS>23712</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9567</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NRG Solar Alpine LLC,</SJDOC>
          <PGS>23711-23712</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9558</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Maritime</EAR>
      <HD>Federal Maritime Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Ocean Transportation Intermediary License Applicants,</DOC>
          <PGS>23719-23720</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9508</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Ocean Transportation Intermediary Licenses; Revocations,</DOC>
          <PGS>23720-23721</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9509</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Motor</EAR>
      <HD>Federal Motor Carrier Safety Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>National Registry of Certified Medical Examiners,</DOC>
          <PGS>24104-24135</PGS>
          <FRDOCBP D="31" T="20APR2.sgm">2012-9034</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Annual and Quarterly Report of Class I Motor Carriers of Passengers,</SJDOC>
          <PGS>23793-23794</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9551</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Financial and Operating Statistics for Motor Carriers of Property,</SJDOC>
          <PGS>23792-23793</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9548</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Proposed Recommendations on Obstructive Sleep Apnea,</DOC>
          <PGS>23794-23797</PGS>
          <FRDOCBP D="3" T="20APN1.sgm">2012-9555</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Qualification of Drivers; Exemption Applications; Vision,</DOC>
          <PGS>23799-23800</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9553</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Railroad</EAR>
      <HD>Federal Railroad Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>California High-Speed Train System Merced to Fresno Section,</SJDOC>
          <PGS>23802-23803</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9491</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Deepwater Horizon Oil Spill; Final Phase 1 Early Restoration Plan,</SJDOC>
          <PGS>23741-23743</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9581</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Sears Point Wetland and Watershed Restoration Project, Sonoma County, CA,</SJDOC>
          <PGS>23740-23741</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9577</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Washington Department of Natural Resources Habitat Conservation Plan for Forested State Trust Lands,</SJDOC>
          <PGS>23743-23745</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9664</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Proposed Low-Effect Habitat Conservation Plan for the Bay Checkerspot Butterfly and Serpentine Grasslands, City of San Jose, Santa Clara County, CA,</DOC>
          <PGS>23745-23747</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9543</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food and Drug</EAR>
      <HD>Food and Drug Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components, etc.,</SJDOC>
          <PGS>23732</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9531</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Guidance for Clinical Trial Sponsors; Establishment and Operation of Clinical Trial Data Monitoring Committees,</SJDOC>
          <PGS>23730-23732</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9533</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Regulations Under the Federal Import Milk Act,</SJDOC>
          <PGS>23732-23733</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9532</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Assets</EAR>
      <HD>Foreign Assets Control Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Foreign Narcotics Kingpin Designation Act; Additional Designations:,</DOC>
          <PGS>23807-23809</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9494</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Forest</EAR>
      <PRTPAGE P="v"/>
      <HD>Forest Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Smith River National Recreation Area Restoration and Motorized Travel Management Project, Six Rivers National Forest, CA,</SJDOC>
          <PGS>23658-23659</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-8842</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Medicare &amp; Medicaid Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Children and Families Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Health Resources and Services Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23721</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9524</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>National Biodefense Science Board,</SJDOC>
          <PGS>23721-23722</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9497</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health Resources</EAR>
      <HD>Health Resources and Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>CDC/HRSA Advisory Committee on HIV and STD Prevention and Treatment,</SJDOC>
          <PGS>23733-23734</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9549</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Citizenship and Immigration Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Customs and Border Protection</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Housing</EAR>
      <HD>Housing and Urban Development Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Federal Properties Suitable as Facilities to Assist Homeless,</DOC>
          <PGS>23814-23985</PGS>
          <FRDOCBP D="171" T="20APN2.sgm">2012-8057</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Statutorily Mandated Designation of Qualified Census Tracts,</DOC>
          <PGS>23735-23740</PGS>
          <FRDOCBP D="5" T="20APN1.sgm">2012-9630</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Interior</EAR>
      <HD>Interior Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Fish and Wildlife Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Land Management Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Park Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Invasive Species Advisory Committee,</SJDOC>
          <PGS>23740</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9546</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Internal Revenue</EAR>
      <HD>Internal Revenue Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Comment Request for Notice 2005-64,</SJDOC>
          <PGS>23809-23810</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9609</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Adm</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Orange Juice from Brazil,</SJDOC>
          <PGS>23659-23660</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9592</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Silicon Metal from the People's Republic of China; Continuation,</SJDOC>
          <PGS>23660</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9347</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Application(s) for Duty-Free Entry of Scientific Instruments,</DOC>
          <PGS>23660-23661</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9607</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Institution of Investigation:</SJ>
        <SJDENT>
          <SJDOC>Certain Food Waste Disposers And Components And Packaging Thereof,</SJDOC>
          <PGS>23751-23752</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9504</FRDOCBP>
        </SJDENT>
        <SJ>Investigations:</SJ>
        <SJDENT>
          <SJDOC>Drawn Stainless Steel Sinks from China,</SJDOC>
          <PGS>23752-23753</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9590</FRDOCBP>
        </SJDENT>
        <SJ>Modification of Remedial Orders and Termination of Consolidated Advisory Opinion, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Ink Cartridges and Components Thereof,</SJDOC>
          <PGS>23753-23754</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9505</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Antitrust Division</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Labor Department</EAR>
      <HD>Labor Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Employee Benefits Security Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Employment and Training Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Guam Military Base Realignment Contractors Recruitment Standards,</SJDOC>
          <PGS>23755</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9516</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Registration for EFAST-2 Credentials,</SJDOC>
          <PGS>23756</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9517</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Proposed John Day Basin Resource Management Plan, Oregon,</SJDOC>
          <PGS>23747-23749</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9502</FRDOCBP>
        </SJDENT>
        <SJ>Filing of Plats of Survey:</SJ>
        <SJDENT>
          <SJDOC>Oregon, Washington,</SJDOC>
          <PGS>23749</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9570</FRDOCBP>
        </SJDENT>
        <SJ>Requests for Nominations:</SJ>
        <SJDENT>
          <SJDOC>Resource Advisory Councils,</SJDOC>
          <PGS>23749-23750</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9583</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Merit</EAR>
      <HD>Merit Systems Protection Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; Termination of Three Systems of Records,</DOC>
          <PGS>23765</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9530</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:</SJ>
        <SJDENT>
          <SJDOC>Generic Annual Catch Limits/Accountability Measures Amendment for the Gulf of Mexico; Correction,</SJDOC>
          <PGS>23632-23633</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9604</FRDOCBP>
        </SJDENT>
        <SJ>Fisheries of the Northeastern United States:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures; Correction,</SJDOC>
          <PGS>23635-23636</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9601</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Northeast Multispecies Fishery; Recreational Accountability Measures,</SJDOC>
          <PGS>23633-23635</PGS>
          <FRDOCBP D="2" T="20APR1.sgm">2012-9596</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:</SJ>
        <SJDENT>
          <SJDOC>Comprehensive Annual Catch Limit Amendment Supplement,</SJDOC>
          <PGS>23652-23654</PGS>
          <FRDOCBP D="2" T="20APP1.sgm">2012-9600</FRDOCBP>
        </SJDENT>
        <SJ>Western Pacific Pelagic Fisheries:</SJ>
        <SJDENT>
          <SJDOC>Modification of American Samoa Large Vessel Prohibited Area,</SJDOC>
          <PGS>23654-23657</PGS>
          <FRDOCBP D="3" T="20APP1.sgm">2012-9599</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review,</SJDOC>
          <PGS>23661</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9538</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Mid-Atlantic Fishery Management Council,</SJDOC>
          <PGS>23662</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9540</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>North Pacific Fishery Management Council,</SJDOC>
          <PGS>23662</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9541</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Western Pacific Fishery Management Council,</SJDOC>
          <PGS>23661-23662</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9539</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>National Register of Historic Places:</SJ>
        <SJDENT>
          <SJDOC>Notification of Pending Nominations and Related Actions,</SJDOC>
          <PGS>23751</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9511</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Science</EAR>
      <PRTPAGE P="vi"/>
      <HD>National Science Foundation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee for Education and Human Resources,</SJDOC>
          <PGS>23766</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9535</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Business and Operations Advisory Committee,</SJDOC>
          <PGS>23766</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9536</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Permit Applications Received Under the Antarctic Conservation Act of 1978,</DOC>
          <PGS>23766</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9587</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Navy</EAR>
      <HD>Navy Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Disposal and Reuse of Hunters Point Naval Shipyard, San Francisco, CA,</SJDOC>
          <PGS>23671-23673</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9575</FRDOCBP>
        </SJDENT>
        <SJ>Exclusive Patent Licenses:</SJ>
        <SJDENT>
          <SJDOC>Aurora Technologies, LLC,</SJDOC>
          <PGS>23673</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9573</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Government-Owned Inventions; Availability for Licensing,</DOC>
          <PGS>23673</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9572</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Industry Roundtable - DON/USDA/DOE/DOT-FAA Advanced Drop-In Biofuels Initiative,</SJDOC>
          <PGS>23673-23674</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9571</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Facility Operating Licenses Amendment Applications; Withdrawals:</SJ>
        <SJDENT>
          <SJDOC>Duke Energy Carolinas, LLC,</SJDOC>
          <PGS>23766-23767</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9580</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Office of United States Trade Representative</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Trade Representative, Office of United States</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Patent</EAR>
      <HD>Patent and Trademark Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Request for Comments:</SJ>
        <SJDENT>
          <SJDOC>Feasibility of Placing Economically Significant Patents Under a Secrecy Order, etc.,</SJDOC>
          <PGS>23662-23665</PGS>
          <FRDOCBP D="3" T="20APN1.sgm">2012-9503</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Pipeline</EAR>
      <HD>Pipeline and Hazardous Materials Safety Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Special Permit Applications,</DOC>
          <PGS>23803-23806</PGS>
          <FRDOCBP D="3" T="20APN1.sgm">2012-9422</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Postal Service</EAR>
      <HD>Postal Service</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Authority to Manufacture and Distribute Postage Evidencing Systems,</DOC>
          <PGS>23618-23619</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9534</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Implementation of Full-Service Intelligent Mail Required for Automation Prices,</DOC>
          <PGS>23643-23647</PGS>
          <FRDOCBP D="4" T="20APP1.sgm">2012-9537</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Presidential Documents</EAR>
      <HD>Presidential Documents</HD>
      <CAT>
        <HD>PROCLAMATIONS</HD>
        <SJ>Special Observances:</SJ>
        <SJDENT>
          <SJDOC>National Equal Pay Day (Proc. 8800),</SJDOC>
          <PGS>23595-23596</PGS>
          <FRDOCBP D="1" T="20APD0.sgm">2012-9676</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>Chicago Board Options Exchange, Inc.,</SJDOC>
          <PGS>23767-23768</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9526</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Chicago Mercantile Exchange Inc.,</SJDOC>
          <PGS>23768-23770</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9527</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Financial Industry Regulatory Authority, Inc.,</SJDOC>
          <PGS>23770-23772</PGS>
          <FRDOCBP D="2" T="20APN1.sgm">2012-9593</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ Stock Market LLC,</SJDOC>
          <PGS>23788-23791</PGS>
          <FRDOCBP D="3" T="20APN1.sgm">2012-9529</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE Arca, Inc.,</SJDOC>
          <PGS>23772-23788</PGS>
          <FRDOCBP D="16" T="20APN1.sgm">2012-9528</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>Oregon,</SJDOC>
          <PGS>23791</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9499</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Transportation</EAR>
      <HD>Surface Transportation Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Acquisition and Operation Exemptions:</SJ>
        <SJDENT>
          <SJDOC>Manning Rail, Inc.. Manning Grain Co.,</SJDOC>
          <PGS>23806</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9594</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Trade Representative</EAR>
      <HD>Trade Representative, Office of United States</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects,</DOC>
          <PGS>23791</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9547</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Transportation Department</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Motor Carrier Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Railroad Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Pipeline and Hazardous Materials Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Surface Transportation Board</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign Assets Control Office</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Internal Revenue Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23806-23807</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9501</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>U.S. Citizenship</EAR>
      <HD>U.S. Citizenship and Immigration Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>23735</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9617</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Customs</EAR>
      <HD>U.S. Customs and Border Protection</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Technical Amendment to Cuba Airport List:</SJ>
        <SJDENT>
          <SJDOC>Addition of Recently Approved Airports,</SJDOC>
          <PGS>23598-23599</PGS>
          <FRDOCBP D="1" T="20APR1.sgm">2012-9510</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Veteran Affairs</EAR>
      <HD>Veterans Affairs Department</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities,</DOC>
          <PGS>23615-23618</PGS>
          <FRDOCBP D="3" T="20APR1.sgm">2012-9265</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Prosthetics and Special-Disabilities Programs,</SJDOC>
          <PGS>23810</PGS>
          <FRDOCBP D="0" T="20APN1.sgm">2012-9498</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board,</SJDOC>
          <PGS>23810-23811</PGS>
          <FRDOCBP D="1" T="20APN1.sgm">2012-9602</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Housing and Urban Development Department,</DOC>
        <PGS>23814-23985</PGS>
        <FRDOCBP D="171" T="20APN2.sgm">2012-8057</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Environmental Protection Agency,</DOC>
        <PGS>23988-24101</PGS>
        <FRDOCBP D="113" T="20APP2.sgm">2012-8367</FRDOCBP>
      </DOCENT>
      <HD>Part IV</HD>
      <DOCENT>
        <DOC>Transportation Department, Federal Motor Carrier Safety Administration,</DOC>
        <PGS>24104-24135</PGS>
        <FRDOCBP D="31" T="20APR2.sgm">2012-9034</FRDOCBP>
      </DOCENT>
    </PTS>
    <AIDS>
      <HD SOURCE="HED">Reader Aids</HD>
      <P>Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.</P>
      
      <P>
        <PRTPAGE P="vii"/>To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.</P>
    </AIDS>
  </CNTNTS>
  <VOL>77</VOL>
  <NO>77</NO>
  <DATE>Friday, April 20, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="23597"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Docket No. FAA-2011-1148; Airspace Docket No. 11-ASO-37]</DEPDOC>
        <SUBJECT>Revocation of Class E Airspace; Southport, NC, and Establishment of Class E Airspace; Oak Island, NC</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action removes Class E Airspace at Southport, NC, and establishes Class E Airspace at Oak Island, NC, as new Standard Instrument Approach Procedures have been developed at Cape Fear Regional Jetport/Howie Franklin Field. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also recognizes the airport name change to Cape Fear Regional Jetport/Howie Franklin Field and updates the geographic coordinates of the airport.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective 0901 UTC, May 31, 2012. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">History</HD>
        <P>On January 6, 2012, the FAA published in the<E T="04">Federal Register</E>a notice of proposed rulemaking, (77 FR 770) Docket No. FAA-2011-1148, to remove Class E airspace extending upward from 700 feet above the surface designated as South Brunswick County Airport, Southport, NC, (old name), and establish Class E airspace extending upward from 700 feet above the surface at Cape Fear Regional Jetport/Howie Franklin Field, Oak Island, NC (new name). Also, as noted, the airport, formerly called Southport Brunswick County Airport, Southport, NC, is changed to Cape Fear Regional Jetport/Howie Franklin Field, Oak Island, NC, and the geographic coordinates are adjusted to coincide with the FAAs aeronautical database. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9V dated August 9, 2011, and effective September 15, 2011, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.</P>
        <HD SOURCE="HD1">The Rule</HD>
        <P>This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 removes Class E airspace extending upward from 700 feet above the surface at Southport, NC, and establishes Class E airspace at Oak Island, NC to support new Standard Instrument Approach Procedures at Cape Fear Regional Jetport/Howie Franklin Field, Oak Island, NC. Airspace reconfiguration is necessary to the design of new standard instrument approach procedures, and for continued safety and management of IFR operations at the airport. Also, as noted, the airport, formerly called Southport Brunswick County Airport, Southport, NC, is changed to Cape Fear Regional Jetport/Howie Franklin Field, Oak Island, NC, and the geographic coordinates are adjusted to coincide with the FAAs aeronautical database.</P>
        <P>The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.</P>
        <P>This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it removes controlled airspace at Southport, NC, and establishes controlled airspace at Cape Fear Regional Jetport/Howie Franklin Field, Oak Island, NC.</P>
        <LSTSUB>
          <HD SOURCE="HED">Lists of Subjects in 14 CFR Part 71</HD>
          <P>Airspace, Incorporation by reference, Navigation (air).</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR Part 71 as follows:</P>
        <REGTEXT PART="71" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
          </PART>
          <AMDPAR>1. The authority citation for Part 71 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="71" TITLE="14">
          <SECTION>
            <SECTNO>§ 71.1</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>

          <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of Federal AviationAdministration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, effective<PRTPAGE P="23598"/>September 15, 2011, is amended as follows:</AMDPAR>
          <EXTRACT>
            
            <HD SOURCE="HD2">Paragraph 6005Class E airspace areas extending upward from 700 feet or more above the surface of the earth.</HD>
            <STARS/>
            <HD SOURCE="HD1">ASO NC E5Southport, NC [Removed]</HD>
            <STARS/>
            <HD SOURCE="HD1">ASO NC E5Oak Island, NC [New]</HD>
            <P>Cape Fear Regional Jetport/Howie Franklin Field, NC</P>
            <FP SOURCE="FP1-2">(Lat. 33 °55′51″ N., long. 78 °04′24″ W.)</FP>
            
            <P>That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of the Cape Fear Regional Jetport/Howie Franklin Field.</P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in College Park, Georgia, on March 30, 2012.</DATED>
          <NAME>Barry A. Knight,</NAME>
          <TITLE>Manager, Operations Support Group, Eastern Service Center, AirTraffic Organization.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-8557 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
        <CFR>19 CFR Part 122</CFR>
        <DEPDOC>[CBP Dec. 12-08]</DEPDOC>
        <SUBJECT>Technical Amendment to Cuba Airport List: Addition of Recently Approved Airports</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Customs and Border Protection, Department of Homeland Security.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; technical amendment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document amends the Customs and Border Protection (CBP) regulations by updating the list of airports authorized to accept aircraft traveling to or from Cuba.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective:</E>April 20, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Arthur A.E. Pitts, Sr., U.S. Customs and Border Protection, Office of Field Operations, 202-344-2752.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>Part 122, subpart O, of the CBP regulations sets forth special procedures that apply to all aircraft (except public aircraft) entering or departing the United States to or from Cuba. Prior to January 2011, the regulations required direct flights between the United States and Cuba to arrive at or depart from one of three named U.S. airports: John F. Kennedy International Airport, Los Angeles International Airport, or Miami International Airport.</P>

        <P>In a statement issued on January 14, 2011, the President announced a series of changes to ease the restrictions on travel to and from Cuba as part of an initiative to support the Cuban people's desire to freely determine their country's future by, among other things, supporting licensed travel and intensifying people-to-people exchanges. In the statement, the President announced that additional U.S. airports able to process international flights may request CBP approval to accept direct flights to and from Cuba in accordance with procedures to be established by CBP. On January 28, 2011, CBP published a final rule in the<E T="04">Federal Register</E>(76 FR 5058) that amended the CBP regulations to establish such procedures and airport eligibility criteria.</P>
        <P>As provided in 19 CFR 122.153(b), airports meeting certain prerequisites may submit a written request to CBP requesting approval to become an airport of entry and departure for aircraft traveling to and from Cuba. Upon determination that the airport is suitable to process these flights, CBP will notify the requestor that the airport has been approved, and that it may immediately begin to accept such aircraft. For more detailed background information on the application and approval procedure and the eligibility criteria, see the January 28, 2011 final rule and 19 CFR 122.153.</P>
        <HD SOURCE="HD2">List of Approved Airports</HD>
        <P>The CBP regulations also specify that for reference purposes, approved airports will be listed on the CBP Web site and reflected in updates to the list in 19 CFR 122.153(c). The current list includes the three airports that were authorized to accept aircraft traveling to or from Cuba before the publication of the January 28, 2011 final rule: John F. Kennedy International Airport, Los Angeles International Airport, and Miami International Airport. This document updates the list of airports to reflect the 16 airports that CBP has approved to accept aircraft traveling to or from Cuba, since the publication of the final rule. Those airports include:</P>
        
        <FP SOURCE="FP-1">• Hartsfield-Jackson Atlanta International Airport</FP>
        <FP SOURCE="FP-1">• Austin-Bergstrom International Airport</FP>
        <FP SOURCE="FP-1">• Baltimore/Washington International Thurgood Marshall Airport</FP>
        <FP SOURCE="FP-1">• O'Hare International Airport</FP>
        <FP SOURCE="FP-1">• Dallas/Fort Worth International Airport</FP>
        <FP SOURCE="FP-1">• Fort Lauderdale-Hollywood International Airport</FP>
        <FP SOURCE="FP-1">• Southwest Florida International Airport</FP>
        <FP SOURCE="FP-1">• George Bush Intercontinental Airport</FP>
        <FP SOURCE="FP-1">• Key West International Airport</FP>
        <FP SOURCE="FP-1">• Louis Armstrong New Orleans International Airport</FP>
        <FP SOURCE="FP-1">• Oakland International Airport</FP>
        <FP SOURCE="FP-1">• Orlando International Airport</FP>
        <FP SOURCE="FP-1">• Pittsburgh International Airport</FP>
        <FP SOURCE="FP-1">• San Juan Luis Muñoz Marín International Airport</FP>
        <FP SOURCE="FP-1">• Tampa International Airport</FP>
        <FP SOURCE="FP-1">• Palm Beach International Airport</FP>
        

        <P>The updated list of approved airports also appears on the CBP Web site:<E T="03">www.cbp.gov.</E>
        </P>
        <HD SOURCE="HD1">Inapplicability of Public Notice and Delayed Effective Date Requirements</HD>
        <P>Because this amendment merely updates the list of airports authorized to accept aircraft traveling to or from Cuba to include airports already approved by CBP in accordance with 19 CFR 122.153 and neither imposes additional burdens on, nor takes away any existing rights or privileges from the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required.</P>
        <HD SOURCE="HD1">The Regulatory Flexibility Act and Executive Order 12866</HD>

        <P>Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>) do not apply. This amendment does not meet the criteria for a ”significant regulatory action” as specified in Executive Order 12866.</P>
        <HD SOURCE="HD1">Signing Authority</HD>
        <P>This final rule technical amendment is being issued in accordance with 19 CFR 0.2(a).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 19 CFR Part 122</HD>
          <P>Administrative practice and procedure, Air carriers, Aircraft, Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba, Customs duties and inspection, Drug traffic control, Freight, Penalties, Reporting and recordkeeping requirements, Security measures.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Amendments to Regulations</HD>
        <P>Part 122, Code of Federal Regulations (19 CFR part 122) is amended as set forth below:</P>
        <REGTEXT PART="122" TITLE="19">
          <PART>
            <HD SOURCE="HED">PART 122—AIR COMMERCE REGULATIONS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 122 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.</P>
          </AUTH>
          <STARS/>
        </REGTEXT>
        <REGTEXT PART="122" TITLE="19">
          <PRTPAGE P="23599"/>
          <AMDPAR>2. In § 122.153, revise paragraph (c) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 122.153</SECTNO>
            <SUBJECT>Limitations on airport of entry or departure.</SUBJECT>
            <STARS/>
            <P>(c)<E T="03">List of airports authorized to accept aircraft traveling to or from Cuba.</E>For reference purposes, the following is a list of airports that have been authorized by CBP to accept aircraft traveling between Cuba and the United States.</P>
            <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Location</CHED>
                <CHED H="1">Name</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">Atlanta, Georgia</ENT>
                <ENT>Hartsfield-Jackson Atlanta International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Austin, Texas</ENT>
                <ENT>Austin-Bergstrom International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Baltimore, Maryland</ENT>
                <ENT>Baltimore/Washington International Thurgood Marshall Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Chicago, Illinois</ENT>
                <ENT>O'Hare International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Dallas, Texas</ENT>
                <ENT>Dallas/Fort Worth International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Fort Lauderdale, Florida</ENT>
                <ENT>Fort Lauderdale-Hollywood International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Fort Myers, Florida</ENT>
                <ENT>Southwest Florida International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Houston, Texas</ENT>
                <ENT>George Bush Intercontinental Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Jamaica, New York</ENT>
                <ENT>John F. Kennedy International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Key West, Florida</ENT>
                <ENT>Key West International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Los Angeles, California</ENT>
                <ENT>Los Angeles International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Miami, Florida</ENT>
                <ENT>Miami International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">New Orleans, Louisiana</ENT>
                <ENT>Louis Armstrong New Orleans International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Oakland, California</ENT>
                <ENT>Oakland International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Orlando, Florida</ENT>
                <ENT>Orlando International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Pittsburgh, Pennsylvania</ENT>
                <ENT>Pittsburgh International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">San Juan, Puerto Rico</ENT>
                <ENT>San Juan Luis Muñoz Marín International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Tampa, Florida</ENT>
                <ENT>Tampa International Airport.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">West Palm Beach, Florida</ENT>
                <ENT>Palm Beach International Airport.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: April 10, 2012.</DATED>
          <NAME>David V. Aguilar,</NAME>
          <TITLE>Acting Commissioner, U.S. Customs and Border Protection.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9510 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-14-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 100</CFR>
        <DEPDOC>[Docket No. USCG-2011-1176]</DEPDOC>
        <RIN>RIN 1625-AA08</RIN>
        <SUBJECT>Special Local Regulations for Marine Events; Potomac River, Charles County, MD</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard is establishing special local regulations during the “Potomac River Sharkfest Swim” amateur swim, a marine event to be held on the waters of the Potomac River on June 2, 2012. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective and will be enforced from 10 a.m. until 2:30 p.m. on June 2, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2011-1176 and are available online by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2011-1176 in the “Keyword” box, and then clicking “Search.” This material is also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this temporary rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410-576-2674, email<E T="03">Ronald.L.Houck@uscg.mil.</E>If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Regulatory Information</HD>

        <P>On February 9, 2012, we published a notice of proposed rulemaking (NPRM) entitled “Special Local Regulations for Marine Events; Potomac River, Charles County, MD” in the<E T="04">Federal Register</E>(77 FR 27). We received one comment on the proposed rule. No public meeting was requested, and none was held.</P>
        <HD SOURCE="HD1">Background and Purpose</HD>
        <P>On June 2, 2012, Enviro-Sports Productions, Inc. of Stinson Beach, California, will sponsor an amateur swim across the Potomac River between Newburg, Maryland and King George, VA. The event consists of up to 500 swimmers on a course located upriver and parallel to the Governor Harry W. Nice Memorial (US-301) Bridge. The swimmers will be supported by sponsor-provided watercraft. The start will be located along the shore at the Aqua-Land Marina and the finish will be located along the shore at Dahlgren Wayside Park. A portion of the swim course will cross the federal navigation channel. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels.</P>
        <HD SOURCE="HD1">Discussion of Comments and Changes</HD>
        <P>The Coast Guard received one comment in response to the NPRM. No public meeting was requested and none was held. What follows is a review of, and the Coast Guard's response to, the issue that was presented by the commenter concerning the proposed regulations.</P>

        <P>The commenter, Mr. David R. Horning of EnviroSports, who is the event organizer, stated that after further review of the tidal currents for June 2, 2012, it has been determined that the best time to start the swim event would be between 11:30 a.m. and 12 p.m. (Noon) to get all participants across the Potomac River safely. Furthermore, the timeline in the proposed regulation closing this portion of the Potomac<PRTPAGE P="23600"/>River should be adjusted to a time from 10 a.m. to 2:30 p.m.</P>
        <P>We feel that adjusting the effective period in the proposed rule as suggested by the commenter will not adversely affect waterway users in this portion of the Potomac River on June 2, 2012.</P>
        <HD SOURCE="HD1">Regulatory Analyses</HD>
        <P>We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders.</P>
        <HD SOURCE="HD1">Regulatory Planning and Review</HD>
        <P>This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this regulation will prevent traffic from transiting a portion of the Potomac River during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners and marine information broadcasts, so mariners can adjust their plans accordingly.</P>
        <HD SOURCE="HD1">Small Entities</HD>
        <P>Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.</P>
        <P>The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in the effected portions of the Potomac River during the event.</P>
        <P>Although this regulation prevents traffic from transiting a portion of the Potomac River near the Governor Harry W. Nice Memorial (US-301) Bridge during the event, this rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for only a limited period. Though the regulated area extends across the entire width of the river, vessel traffic may be permitted to safely transit a portion of the regulated area, but only after all participants have safely cleared that portion of the regulated area and when the Coast Guard Patrol Commander deems it safe for vessel traffic to do so. All Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz). Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly.</P>
        <HD SOURCE="HD1">Assistance for Small Entities</HD>
        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process.</P>
        <P>Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
        <HD SOURCE="HD1">Collection of Information</HD>
        <P>This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
        <HD SOURCE="HD1">Federalism</HD>
        <P>A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.</P>
        <HD SOURCE="HD1">Protest Activities</HD>

        <P>The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.</P>
        <HD SOURCE="HD1">Unfunded Mandates Reform Act</HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
        <HD SOURCE="HD1">Taking of Private Property</HD>
        <P>This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.</P>
        <HD SOURCE="HD1">Civil Justice Reform</HD>
        <P>This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.</P>
        <HD SOURCE="HD1">Protection of Children</HD>
        <P>We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.</P>
        <HD SOURCE="HD1">Indian Tribal Governments</HD>
        <P>This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
        <HD SOURCE="HD1">Energy Effects</HD>

        <P>This action is not a “significant energy action” under Executive Order<PRTPAGE P="23601"/>13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.</P>
        <HD SOURCE="HD1">Technical Standards</HD>
        <P>This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.</P>
        <HD SOURCE="HD1">Environment</HD>

        <P>We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction. This rule involves implementation of regulations within 33 CFR part 100 applicable to organized marine events on the navigable waters of the United States that could negatively impact the safety of waterway users and shore side activities in the event area. The category of water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, canoe and sail board racing. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under<E T="02">ADDRESSES</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 100</HD>
          <P>Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard temporarily amends 33 CFR part 100 as follows:</P>
        <REGTEXT PART="100" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 100 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1233.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="100" TITLE="33">
          <AMDPAR>2. Add temporary § 100.35T05-1176 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 100.35T05-1176</SECTNO>
            <SUBJECT>Special Local Regulations for Marine Events; Potomac River, Charles County, MD.</SUBJECT>
            <P>(a)<E T="03">Regulated area.</E>The following location is a regulated area: All waters of the Potomac River, within lines connecting the following positions: From latitude 38°22′05″ N, longitude 076°59′03″ W, thence to latitude 38°21′50″ N, longitude 077°00′54″ W, and from latitude 38°21′29″ N, longitude 077°00′54″ W to latitude 38°21′45″ N, longitude 076°58′59″ W. All coordinates reference Datum NAD 1983.</P>
            <P>(b)<E T="03">Definitions.</E>(1)<E T="03">Coast Guard Patrol Commander</E>means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore.</P>
            <P>(2)<E T="03">Official Patrol</E>means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.</P>
            <P>(c)<E T="03">Special local regulations.</E>(1) The Coast Guard Patrol Commander may forbid and control the movement of all vessels and persons in the regulated area. When hailed or signaled by an official patrol vessel, a vessel or person in the regulated area shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.</P>
            <P>(2) All Coast Guard vessels enforcing this regulated area can be contacted at telephone number 410-576-2693 or on marine band radio VHF-FM channel 16 (156.8 MHz).</P>
            <P>(3) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF-FM marine band radio announcing specific event date and times.</P>
            <P>(d)<E T="03">Enforcement period.</E>This section will be enforced from 10 a.m. to 2:30 p.m. on June 2, 2012.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: March 30, 2012.</DATED>
          <NAME>Mark P. O'Malley,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Captain of the Port Baltimore.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9518 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Parts 100 and 165</CFR>
        <DEPDOC>[Docket No. USCG-2011-1023]</DEPDOC>
        <RIN>RIN 1625-AA08; AA00</RIN>
        <SUBJECT>Special Local Regulations and Safety Zones; Recurring Events in Northern New England</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard is updating special local regulations and permanent safety zones in the Coast Guard Captain of the Port (COTP) Northern New England Zone for annual recurring marine events. When these special local regulations or safety zones are activated, and subject to enforcement, this rule will restrict vessels from portions of water areas during these annual recurring events. The revised special local regulations and safety zones will expedite public notification of events, and ensure the protection of the maritime public and event participants from the hazards associated with these annual recurring events.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective May 21, 2012.</P>
          <P>This rule will be enforced during dates and times specified in the Tables to §§ 100.120 and 165.171.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2011-1023 and are available online by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2011-1023 in the “Keyword” box, and then clicking “Search.” This material is also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this rule, call or email Lieutenant Junior Grade Terence Leahy, Waterways Management Division at Coast Guard Sector Northern New England, telephone 207-767-0398, email<E T="03">Terence.O.Leahy@uscg.mil.</E>If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Regulatory Information</HD>

        <P>On Tuesday, December 27, 2011, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled “Special Local Regulations and Safety Zones; Recurring Events in Northern New England” in the<E T="04">Federal Register</E>(Vol. 76 No. 248). We received no comments or requests for a public meeting on the proposed rule.</P>
        <HD SOURCE="HD1">Basis and Purpose</HD>

        <P>The legal basis for this rule is the Port and Waterways Safety Act, 33 U.S.C. 1226 and 1231, 33 U.S.C. 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, and 160.5; Public Law 107-295, 116 Stat.<PRTPAGE P="23602"/>2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones and special local regulations.</P>
        <P>Swim events, fireworks displays, and marine events are held on an annual recurring basis on the navigable waters within the Coast Guard COTP Northern New England Zone. In the past, the Coast Guard has established special local regulations, regulated areas and safety zones for these annual recurring events on a case by case basis to ensure the protection of the maritime public and event participants from the hazards associated with these events. The Coast Guard has not received public comments or concerns regarding the impact to waterway traffic from these annually recurring events.</P>
        <P>This rule consistently apprises the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The Tables in this regulation list each annual recurring event requiring a regulated area as administered by the Coast Guard.</P>
        <P>By establishing a permanent regulation containing these events, the Coast Guard eliminates the need to establish temporary rules for events that occur on an annual basis thereby, limiting the costs associated with cumulative regulations.</P>
        <P>This rulemaking will remove, add, and consolidate regulations that better meet the Coast Guard's intended purpose of ensuring safety during these events.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>The Coast Guard is amending 33 CFR 100.120 (Special Local Regulations) and 33 CFR 165.171 (Safety Zones).</P>

        <P>The rule applies to the annual recurring events listed in the attached Tables in the Coast Guard COTP Northern New England Zone. The Tables provide the event name, sponsor, and type, as well as approximate dates and locations of the events. The specific times, dates, regulated areas, and enforcement period for each event will be provided through the Local Notice to Mariners, Broadcast Notice to Mariners or through a Notice of Enforcement published in the<E T="04">Federal Register</E>.</P>
        <P>The particular size of the safety zones established for each event will be reevaluated on an annual basis in accordance with Navigational and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework Displays, the National Fire Protection Association Standard 1123, Code for Fireworks Displays (100-foot distance per inch of diameter of the fireworks mortars), and other pertinent regulations and publications.</P>
        <P>This regulation prevents vessels from transiting areas specifically designated as special local regulations or safety zones during the periods of enforcement to ensure the protection of the maritime public and event participants from the hazards associated with the listed annual recurring events. Only event sponsors, designated participants, and official patrol vessels are allowed to enter regulated areas. Spectators and other vessels not registered as event participants may not enter the regulated areas without the permission of the COTP or the designated representative.</P>
        <HD SOURCE="HD1">Discussion of Comments</HD>

        <P>The Coast Guard did not receive any comments in response to the NPRM published in the<E T="04">Federal Register</E>(Vol. 76, No. 248) on Tuesday, December 27, 2011. The Coast Guard made changes to the regulatory text in the final rule with regards to the date section for each event. This change was made so as not to give the impression that the Coast Guard is requiring mariners to check a Local Notice of Mariners for the date of each event. The Coast Guard will now publish a Notice of Enforcement of the event date in the<E T="04">Federal Register</E>to inform the public of the exact date.</P>
        <HD SOURCE="HD1">Regulatory Analyses</HD>
        <P>We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.</P>
        <HD SOURCE="HD1">Regulatory Planning and Review</HD>
        <P>This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.</P>
        <P>We expect the economic impact of this rule to be minimal. Although this regulation may have some impact on the public, the potential impact will be minimized for the following reasons: The Coast Guard has previously promulgated safety zones or special local regulations in accordance with 33 CFR Parts 100 and 165 for approximately 85% of the event areas contained within this regulation and has not received notice of any negative impact caused by any of the safety zones or special local regulations. By establishing a permanent regulation containing all of these events, the Coast Guard will eliminate the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the cost of cumulative regulations.</P>

        <P>Vessels will only be restricted from safety zones and special local regulation areas for a short duration of time. Vessels may transit in portions of the affected waterway except for those areas covered by the regulated areas. Notifications will also be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then the exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the<E T="04">Federal Register</E>. No new or additional restrictions will be imposed on vessel traffic.</P>
        <HD SOURCE="HD1">Small Entities</HD>
        <P>The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.</P>
        <P>The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: Owners or operators of vessels intending to transit, fish, or anchor in the areas where the listed annual recurring events are being held.</P>

        <P>The rule will not have a significant economic impact on a substantial number of small entities for the following reasons: Vessels will only be restricted from safety zones and special local regulation areas for a short duration of time; vessels may transit in portions of the affected waterway except for those areas covered by the regulated areas; the Coast Guard has promulgated safety zones or special local regulations in accordance with 33 CFR Parts 100 and 165 for approximately 85% of the event areas in the past and has not received notice of any negative impact caused by any of the safety zones or special local regulations; and notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice<PRTPAGE P="23603"/>to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the<E T="04">Federal Register</E>. No new or additional restrictions will be imposed on vessel traffic.</P>

        <P>If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see<E T="02">ADDRESSES</E>) explaining why you think it qualifies and how and to what degree this rule would economically affect it.</P>
        <HD SOURCE="HD1">Assistance for Small Entities</HD>

        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
        <HD SOURCE="HD1">Collection of Information</HD>
        <P>This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
        <HD SOURCE="HD1">Federalism</HD>
        <P>A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.</P>
        <HD SOURCE="HD1">Protest Activities</HD>

        <P>The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.</P>
        <HD SOURCE="HD1">Unfunded Mandates Reform Act</HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
        <HD SOURCE="HD1">Taking of Private Property</HD>
        <P>This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.</P>
        <HD SOURCE="HD1">Civil Justice Reform</HD>
        <P>This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.</P>
        <HD SOURCE="HD1">Protection of Children</HD>
        <P>We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.</P>
        <HD SOURCE="HD1">Indian Tribal Governments</HD>
        <P>This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.</P>
        <HD SOURCE="HD1">Energy Effects</HD>
        <P>This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.</P>
        <HD SOURCE="HD1">Technical Standards</HD>
        <P>This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.</P>
        <HD SOURCE="HD1">Environment</HD>

        <P>We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraphs (34)(g) and (34)(h) of the Instruction since it involves establishment of safety zones for marine related fireworks events and special local regulations for regattas, respectively. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under<E T="02">ADDRESSES</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>33 CFR Part 100</CFR>
          <P>Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.</P>
          <CFR>33 CFR Part 165</CFR>
          <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Parts 100 and 165 as follows:</P>
        <REGTEXT PART="100" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS</HD>
          </PART>
          <AMDPAR>1. The authority citation for Part 100 reads as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1233.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="100" TITLE="33">
          <AMDPAR>2. Revise § 100.120 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 100.120</SECTNO>
            <SUBJECT>Special Local Regulations; Marine Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone.</SUBJECT>

            <P>The following regulations apply to the marine events listed in the Table to § 100.120. These regulations will be enforced for the duration of each event, on the dates indicated. Mariners should consult their Local Notice to Mariners to remain apprised of the specific calendar date upon which the listed event falls for each calendar year and other specific information concerning the event. First Coast Guard District Local Notice to Mariners can be found at:<E T="03">http://www.navcen.uscg.gov/.</E>The Sector Northern New England Marine Events schedule can also be viewed electronically at<E T="03">www.homeport.uscg.mil.</E>
            </P>
            <P>
              <E T="04">Note to introductory text of § 100.20:</E>Although listed in the Code of Federal<PRTPAGE P="23604"/>Regulations, sponsors of events listed in the Table to § 100.120 are still required to submit marine event applications in accordance with 33 CFR 100.15.</P>
            <P>(a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.” Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Sector Northern New England.</P>
            <P>(b) Vessels may not transit the regulated areas without the Patrol Commander approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.</P>
            <P>(c) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, unless authorized by an official patrol vessel.</P>
            <P>(d) The Patrol Commander may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.</P>
            <P>(e) The Patrol Commander may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property.</P>
            <P>(f) For all power boat races listed, vessels operating within the regulated area must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event.</P>
            <P>(g) For all regattas and boat parades listed, spectator vessels operating within the regulated area shall maintain a separation of at least 50 yards from the participants.</P>
            <P>(h) For all rowing and paddling boat races listed, vessels not associated with the event shall maintain a separation of at least 50 yards from the participants.</P>

            <P>(i) The specific calendar date upon which the listed event falls will be published in the<E T="04">Federal Register</E>.</P>
            <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,p1,8/9,i1">
              <TTITLE>Table to § 100.120</TTITLE>
              <BOXHD>
                <CHED H="1"/>
                <CHED H="1"/>
              </BOXHD>
              <ROW RUL="s">
                <ENT I="22">5.0</ENT>
                <ENT O="oi0">MAY</ENT>
              </ROW>
              <ROW>
                <ENT I="01">5.1Champlain Bridge Celebration Flotilla Parade</ENT>
                <ENT>• Event Type: Regatta and Boat Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Lake Champlain Maritime Museum.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A two day event on Saturday and Sunday during the third weekend in May. The specific calendar dates will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 12 p.m. to 2 p.m. each day.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Lake Champlain in the vicinity of the new bridge between Crown Point, New York and Chimney Point, Vermont within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°02′29″ N, 073°26′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°02′38″ N, 073°25′58″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°01′18″ N, 073°24′08″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°01′04″ N, 073°24′31″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">5.2Tall Ships Visiting Portsmouth</ENT>
                <ENT>• Event Type: Regatta and Boat Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Portsmouth Maritime Commission, Inc.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A four day event from Friday through Monday during the last weekend in May. The specific calendar dates will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 8 p.m. each day.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire in the vicinity of Castle Island within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°03′11″ N, 070°42′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°03′18″ N, 070°41′51″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′42″ N, 070°42′11″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′28″ N, 070°44′12″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°05′36″ N, 070°45′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°05′29″ N, 070°46′09″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′19″ N, 070°44′16″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°04′22″ N, 070°42′33″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">6.0</ENT>
                <ENT O="oi0">JUNE</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6.1Bar Harbor Blessing of the Fleet</ENT>
                <ENT>• Event Type: Regatta and Boat Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Town of Bar Harbor, Maine.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the first weekend of June. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 12 p.m. to 1 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Bar Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°23′32″ N, 068°12′19″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°23′30″ N, 068°12′00″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°23′37″ N, 068°12′00″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°23′35″ N, 068°12′19″ W.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23605"/>
                <ENT I="01">6.2Charlie Begin Memorial Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Boothbay Harbor Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the third weekend of June. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of within John's Island the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′04″ N, 069°38′37″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′54″ N, 069°38′06″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′49″ N, 069°37′50″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°50′00″ N, 069°38′20″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6.3Rockland Harbor Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Rockland Harbor Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the third weekend of June. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 5 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°05′59″ N, 069°04′53″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′43″ N, 069°05′25″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′50″ N, 069°05′05″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°06′05″ N, 069°04′34″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6.4Windjammer Days Parade of Ships</ENT>
                <ENT>• Event Type: Tall Ship Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Boothbay Region Chamber of Commerce.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Wednesday during the last week of June. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 12 p.m. to 5 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of Tumbler's Island within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°51′02″ N, 069°37′33″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′47″ N, 069°37′31″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′23″ N, 069°37′57″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′01″ N, 069°37′45″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′01″ N, 069°38′31″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′25″ N, 069°38′25″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°50′49″ N, 069°37′45″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">7.0</ENT>
                <ENT O="oi0">JULY</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.1Moosabec Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Moosabec Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event held on July 4th. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 12:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Jonesport, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°31′21″ N, 067°36′44″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°31′36″ N, 067°36′47″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°31′44″ N, 067°35′36″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°31′29″ N, 067°35′33″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.2The Great Race</ENT>
                <ENT>• Event Type: Rowing and Paddling Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Franklin County Chamber of Commerce.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the first week of September. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 12:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°47′18″ N, 073°10′27″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°47′10″ N, 073°08′51″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.3Searsport Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Searsport Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23606"/>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 4 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°26′50″ N, 068°55′20″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°27′04″ N, 068°55′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°27′12″ N, 068°54′35″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°26′59″ N, 068°54′29″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.4Stonington Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Stonington Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 a.m. to 3:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Stonington, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°08′55″ N, 068°40′12″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°09′00″ N, 068°40′15″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°09′11″ N, 068°39′42″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°09′07″ N, 068°39′39″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.5Mayor's Cup Regatta</ENT>
                <ENT>• Event Type: Sailboat Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Plattsburgh Sunrise Rotary</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 4 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Cumberland Bay on Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°39′26″ N, 073°26′25″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°41′27″ N, 073°23′12″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.6The Challenge Race</ENT>
                <ENT>• Event Type: Rowing and Paddling Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Lake Champlain Maritime Museum</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the third week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 11 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Lake Champlain in the vicinity of Button Bay State Park within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°12′25″ N, 073°22′32″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°12′00″ N, 073°21′42″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°12′19″ N, 073°21′25″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°13′16″ N, 073°21′36″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.7Friendship Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Friendship Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9:30 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°57′51″ N, 069°20′46″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°58′14″ N, 069°19′53″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°58′19″ N, 069°20′01″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°58′00″ N, 069°20′46″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.8Arthur Martin Memorial Regatta</ENT>
                <ENT>• Event Type: Rowing and Paddling Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: I Row.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the third week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 1 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of the Piscataqua River, in the vicinity of Kittery Point, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°03′51″ N, 070°41′55″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′35″ N, 070°42′18″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′42″ N, 070°43′15″ W.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23607"/>
                <ENT I="22"/>
                <ENT O="oi3">43°05′14″ N, 070°43′12″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°05′14″ N, 070°43′06″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′44″ N, 070°43′11″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°04′35″ N, 070°42′13″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°03′53″ N, 070°41′40″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.9Harpswell Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Harpswell Lobster Boat Race Committee.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the last week of July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Potts Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°46′50″ N, 070°01′37″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°46′50″ N, 070°01′18″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°46′28″ N, 070°01′36″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°46′28″ N, 070°01′19″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">8.0</ENT>
                <ENT O="oi0">AUGUST</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.1Eggemoggin Reach Regatta</ENT>
                <ENT>• Event Type: Wooden Boat Parade.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Rockport Marine, Inc. and Brookline Boat Yard.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the first week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 11 a.m. to 7 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Eggemoggin Reach and Jericho Bay in the vicinity of Naskeag Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°15′16″ N, 068°36′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°12′41″ N, 068°29′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°07′38″ N, 068°31′30″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°12′54″ N, 068°33′46″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.2Southport Rowgatta Rowing and Paddling Boat Race</ENT>
                <ENT>• Event Type: Rowing and Paddling Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Boothbay Region YMCA.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Sheepscot Bay and Boothbay, on the shore side of Southport Island, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′26″ N, 069°39′10″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°49′10″ N, 069°38′35″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°46′53″ N, 069°39′06″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°46′50″ N, 069°39′32″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°49′07″ N, 069°41′43″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′19″ N, 069°41′14″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°51′11″ N, 069°40′06″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.3Winter Harbor Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Winter Harbor Chamber of Commerce.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Winter Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°22′06″ N, 068°05′13″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°23′06″ N, 068°05′08″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°23′04″ N, 068°04′37″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°22′05″ N, 068°04′44″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.4Lake Champlain Dragon Boat Festival</ENT>
                <ENT>• Event Type: Rowing and Paddling Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Dragonheart Vermont.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7 a.m. to 5 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Burlington Bay within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°28′51″ N, 073°13′28″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°28′40″ N, 073°13′40″ W.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23608"/>
                <ENT I="22"/>
                <ENT O="oi3">44°28′37″ N, 073°13′29″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°28′40″ N, 073°13′17″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.5Merritt Brackett Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Town of Bristol, Maine.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcements.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°52′16″ N, 069°32′10″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°52′41″ N, 069°31′43″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°52′35″ N, 069°31′29″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°52′09″ N, 069°31′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.6Multiple Sclerosis Regatta</ENT>
                <ENT>• Event Type: Regatta and Sailboat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Maine Chapter, Multiple Sclerosis Society.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the third week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 4 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area for the start of the race includes all waters of Casco Bay, Maine in the vicinity of Peaks Island within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′24″ N, 070°14′20″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′36″ N, 070°13′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′58″ N, 070°13′21″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′46″ N, 070°13′51″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.7Multiple Sclerosis Harborfest Tugboat Race</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Maine Chapter, National Multiple Sclerosis Society.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the third week of August. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 10 a.m. to 3 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Maine State Pier within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′25″ N, 070°14′21″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′36″ N, 070°13′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′58″ N, 070°13′21″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′47″ N, 070°13′51″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">9.0</ENT>
                <ENT O="oi0">SEPTEMBER</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.1Pirates Festival Lobster Boat Races</ENT>
                <ENT>• Event Type: Power Boat Race.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Sponsor: Eastport Pirates Festival.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the second weekend of September. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 11 a.m. to 6 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters in the vicinity of Eastport Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°54′14″ N, 066°58′52″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°54′14″ N, 068°58′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°54′24″ N, 066°58′52″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°54′24″ N, 066°58′56″ W.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="165" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
          </PART>
          <AMDPAR>3. The authority citation for Part 165 reads as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 33 CFR 1.05-1, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="165" TITLE="33">
          <AMDPAR>4. Revise § 165.171 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 165.171</SECTNO>
            <SUBJECT>Safety Zones for fireworks displays and swim events held in Coast Guard Sector Northern New England Captain of the Port Zone.</SUBJECT>

            <P>The Coast Guard is establishing safety zones for the fireworks displays listed in the Table to § 165.171. These regulations will be enforced for the duration of each event, on or about the dates indicated in the Table to § 165.171. Mariners should consult their Local Notice to Mariners to remain apprised of the specific calendar date upon which the listed event falls for each calendar year and other specific information concerning the event. First Coast Guard District Local Notice to Mariners can be found at:<E T="03">http://www.navcen.uscg.gov/.</E>The Sector Northern New England Marine Events schedule can also be viewed electronically at<E T="03">www.homeport.uscg.mil.</E>
              <PRTPAGE P="23609"/>
            </P>
            <P>
              <E T="04">Note to introductory text of § 165.171:</E>Although listed in the Code of Federal Regulations, sponsors of events listed in the Table to § 165.171 shall submit an application each year in accordance with 33 CFR 100.15.</P>
            <P>(a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.” The “official patrol vessels” may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Sector Northern New England.</P>
            <P>(b) Vessels may not transit the regulated areas without Patrol Commander approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.</P>
            <P>(c) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by an official patrol vessel.</P>
            <P>(d) The Patrol Commander may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.</P>
            <P>(e) The Patrol Commander may delay or terminate any event in this subpart at any time to assure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.</P>
            <P>(f) For all swim events listed, vessels not associated with the event shall maintain a separation zone of 200 feet from participating swimmers.</P>
            <P>(g) For all fireworks displays listed below, the regulated area is that area of navigable waters within a 350 yard radius of the launch platform or launch site for each fireworks display.</P>

            <P>(h) The specific calendar date upon which the listed event falls will be published in the<E T="04">Federal Register</E>.</P>
            <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,p1,8/9,i1">
              <TTITLE>Table to § 165.171</TTITLE>
              <BOXHD>
                <CHED H="1"/>
                <CHED H="1"/>
              </BOXHD>
              <ROW RUL="s">
                <ENT I="01">5.0</ENT>
                <ENT O="oi0">MAY</ENT>
              </ROW>
              <ROW>
                <ENT I="01">5.1Hawgs, Pies, &amp; Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Gardiner Maine Street.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: One night event on Saturday during the last week of May. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°13′52″ N, 069°46′08″ W (NAD 83).</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">6.0</ENT>
                <ENT O="oi0">JUNE</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6.1Rotary Waterfront Days Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Gardiner Rotary.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: Two night event on Wednesday and Saturday during the third week of June. The specific calendar dates will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°13′52″ N, 069°46′08″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6.2Windjammer Days Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Boothbay Harbor Region Chamber of Commerce.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: One night event on Wednesday during the last week of June. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°50′38″ N, 069°37′57″ W (NAD 83).</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">7.0</ENT>
                <ENT O="oi0">JULY</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.1Vinalhaven 4th of July Fireworks</ENT>
                <ENT>• Event Type: Firework Display.<LI>• Sponsor: Vinalhaven 4th of July Committee.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: First Saturday in July. The specific calendar date will be published in the<E T="02">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Grime's Park, Vinalhaven, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°02′34″ N, 068°50′26″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.2Burlington Independence Day Fireworks</ENT>
                <ENT>• Event Type: Firework Display.<LI>• Sponsor: City of Burlington, Vermont.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 3rd. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 p.m. to 11 p.m.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23610"/>
                <ENT I="22"/>
                <ENT>• Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°28′31″ N, 073°13′31″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.3Camden 3rd of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 3rd. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Camden Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°12′32″ N, 069°02′58″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.4Bangor 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Bangor 4th of July Fireworks.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°47′27″ N, 068°46′31″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.5Bar Harbor 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Bar Harbor Chamber of Commerce.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°23′31″ N, 068°12′15″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.6Boothbay Harbor 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Town of Boothbay Harbor.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.1 Local Notice to Mariners.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°50′38″ N, 069°37′57″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.7Colchester 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Town of Colchester, Recreation Department.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont at approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°32′44″ N, 073°13′10″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.8Eastport 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Eastport 4th of July Committee.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 p.m. to 9:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°54′25″ N, 066°58′55″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.9Ellis Short Sand Park Trustee Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: William Burnham.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8:30 p.m. to 11 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of York Beach, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°10′27″ N, 070°48′31″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.10Hampton Beach 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Hampton Beach Village District.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8:30 p.m. to 11 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Hampton Beach, New Hampshire in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <PRTPAGE P="23611"/>
                <ENT I="22"/>
                <ENT O="oi3">42°54′40″ N, 070°36′25″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.11Jonesport 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Jonesport 4th of July Committee.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9:30 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°31′18″ N, 067°36′43″ W (NAD 83)</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.12Main Street Heritage Days 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Main Street Inc.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°54′56″ N, 069°48′16″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.13Portland Harbor 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Department of Parks and Recreation, Portland, Maine.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8:30 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of East End Beach, Portland, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°40′16″ N, 070°14′44″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.14St. Albans Day Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: St. Albans Area Chamber of Commerce.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in the approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°48′25″ N, 073°08′23″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.15Stonington 4th of July Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Deer Isle—Stonington Chamber of Commerce.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: July 4th. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°08′57″ N, 068°39′54″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.16Urban/EPIC Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Tri-Maine Productions.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7 a.m. to 11 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′00″ N, 070°14′20″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′00″ N, 070°14′00″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′15″ N, 070°14′29″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°40′17″ N, 070°13′22″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.17Tri for a Cure Swim Clinics</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Maine Cancer Foundation.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A two day event held on third Sunday and Thursday in July. The specific calendar dates will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 12:30 p.m. to 7:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′32″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′07″ N, 070°13′29″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′06″ N, 070°13′41″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′36″ W.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23612"/>
                <ENT I="01">7.18Richmond Days Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Town of Richmond, Maine.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the fourth weekend of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°08′42″ N, 068°27′06″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.19Colchester Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Colchester Parks and Recreation Department.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Wednesday during the last week of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7 a.m. to 11 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, Vermont within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°32′18″ N, 073°12′35″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°32′28″ N, 073°12′56″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°32′57″ N, 073°12′38″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.20Peaks to Portland Swim</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Cumberland County YMCA.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 5 a.m. to 1 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′20″ N, 070°11′58″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′45″ N, 070°13′19″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′11″ N, 070°14′13″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′08″ N, 070°14′29″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°40′00″ N, 070°14′23″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′34″ N, 070°13′31″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′13″ N, 070°11′59″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.21Friendship Days Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Town of Friendship.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the last weekend of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of the Town Pier, Friendship Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°58′23″ N, 069°20′12″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7.22Champ Chum Swim</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Against Malaria Foundation.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 a.m. to 12 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Lake Champlain between Thompson's Point, Vermont and Spilt Rock in Adirondack Park, New York within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°16′04″ N, 073°18′19″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°16′08″ N, 073°19′17″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">8.0</ENT>
                <ENT O="oi0">AUGUST</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.1Sprucewold Cabbage Island Swim</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Sprucewold Association.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the first week of August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 1 p.m. to 6 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′37″ N, 069°36′23″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′37″ N, 069°36′59″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°50′16″ N, 069°36′46″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <PRTPAGE P="23613"/>
                <ENT I="22"/>
                <ENT O="oi3">43°50′22″ N, 069°36′21″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.2Westerlund's Landing Party Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Portside Marina.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the first weekend of August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Westerlund's Landing in South Gardiner, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°10′19″ N, 069°45′24″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.3Y-Tri Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Plattsburgh YMCA.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the first week of August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 9 a.m. to 10 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Treadwell Bay on Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′30″ N, 073°23′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′17″ N, 073°23′26″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′17″ N, 073°23′46″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°46′29″ N, 073°23′46″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.4Greater Burlington YMCA Lake Swim</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Greater Burlington YMCA.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 a.m. to 6 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters in Lake Champlain in the vicinity of North Hero Island within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′55″ N, 073°22′14″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°47′08″ N, 073°19′05″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′48″ N, 073°17′13″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°46′10″ N, 073°16′39″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°41′08″ N, 073°20′58″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°41′36″ N, 073°23′01″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.5York Beach Fire Department Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: York Beach Fire Department.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the first week in August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8:30 p.m. to 11:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Short Sand Cove in York, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°10′27″ N, 070°36′25″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.6Tri for a Cure Swim Clinics</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Maine Cancer Foundation.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A multi-day training event held during July. The specific calendar dates will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8:30 a.m. to 11:30 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′32″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′07″ N, 070°13′29″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′06″ N, 070°13′41″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′36″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.7Tri for a Cure Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Maine Cancer Foundation.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Sunday during the second week in August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 12:30 p.m. to 4:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23614"/>
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′32″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′07″ N, 070°13′29″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°39′06″ N, 070°13′41″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°39′01″ N, 070°13′36″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8.8Rockland Breakwater Swim</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Pen-Bay Masters.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the fourth week of August. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7:30 a.m. to 1:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′16″ N, 069°04′39″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′13″ N, 069°04′36″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′12″ N, 069°04′43″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°06′17″ N, 069°04′44″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°06′18″ N, 069°04′40″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22">9.0</ENT>
                <ENT O="oi0">SEPTEMBER</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.1Windjammer Weekend Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Town of Camden, Maine.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Friday during the first weekend of September. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 9:30 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°12′10″ N, 069°03′11″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.2Eastport Pirate Festival Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Eastport Pirate Festival.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the second weekend of September. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7 p.m. to 10 p.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position:</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°54′17″ N, 066°58′58″ W (NAD 83).</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.3The Lobsterman Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Tri-Maine Productions.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day swim event on Saturday during the second weekend of September. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 a.m. to 11 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°47′59″ N, 070°06′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°47′44″ N, 070°06′56″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°47′44″ N, 070°07′27″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">43°47′57″ N, 070°07′27″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.4Burlington Triathlon</ENT>
                <ENT>• Event Type: Swim Event.<LI>• Sponsor: Race Vermont.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day swim event on Sunday during the second weekend of September. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 7 a.m. to 10 a.m.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Location: The regulated area includes all waters in the vicinity of North Beach, Burlington, Vermont within the following points (NAD 83):</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°29′31″ N, 073°14′22″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">44°29′12″ N, 073°14′14″ W.</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="22"/>
                <ENT O="oi3">44°29′17″ N, 073°14′34″ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">9.5Eliot Festival Day Fireworks</ENT>
                <ENT>• Event Type: Fireworks Display.<LI>• Sponsor: Eliot Festival Day Committee.</LI>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>

                <ENT>• Date: A one day event on Saturday during the fourth weekend of September. The specific calendar date will be published in the<E T="0742">Federal Register</E>via a Notice of Enforcement.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>• Time: 8 p.m. to 10:30 p.m.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="23615"/>
                <ENT I="22"/>
                <ENT>• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position:</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT O="oi3">43°08′56″ N, 070°49′52″ W (NAD 83).</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: March 30, 2012.</DATED>
          <NAME>C.L. Roberge,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Captain of the Port Sector Northern New England.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9519 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <CFR>38 CFR Part 17</CFR>
        <RIN>RIN 2900-AN86</RIN>
        <SUBJECT>Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document amends the Department of Veterans Affairs (VA) “Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities” regulations to conform with a statutory change that expanded veterans' eligibility for reimbursement. Some of the revisions in this final rule are purely technical, matching the language of our regulations to the language of the revised statute, while others set out VA's policies regarding the implementation of statutory requirements. This final rule expands the qualifications for payment or reimbursement to veterans who receive emergency services in non-VA facilities, and establishes accompanying standards for the method and amount of payment or reimbursement.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective May 21, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lisa Brown, Division Chief, Policy Management Department, Purchased Care at the Veterans Health Administration Center, Department of Veterans Affairs, 3773 Cherry Creek Dr. N. East Tower, Suite 485, Denver, CO 80209, (303) 331-7829. (This is not a toll-free number).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On February 1, 2010, Congress enacted Public Law 111-137 (2010 Act), which amended 38 U.S.C. 1725 by expanding veteran eligibility for reimbursement for emergency treatment furnished in a non-VA facility. Current VA regulations implement section 1725 in 38 CFR 17.1000 through 17.1008 under the undesignated heading “Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities.” This final rule revises §§ 17.1001, 17.1002, 17.1004, and 17.1005. These revisions eliminate certain exclusions from emergency care payment or reimbursement, and define the payment limitations for those qualifying for payment or reimbursement under the law as amended by the 2010 Act.</P>
        <P>The 2010 Act amended 38 U.S.C. 1725(f)(2) by removing a provision that included automobile insurance in the definition of “health-plan contract.” Under 38 U.S.C. 1725(b)(3)(B), veterans who are covered by a health-plan contract are ineligible for VA payment or reimbursement. Thus, we are removing current 38 CFR 17.1001(a)(5), which includes automobile insurance in the definition of “health-plan contract.” This amendment will implement VA's authority to pay or reimburse claimants for providing emergency services to a veteran if the veteran received, or is legally eligible to receive, partial payment towards emergency services from an automobile insurer.</P>
        <P>The 2010 Act also amended 38 U.S.C. 1725 by revising a provision that precluded certain claimants from payment or reimbursement by VA for emergency care at non-VA facilities. Parties who qualified as claimants under section 1725 prior to the 2010 Act (as implemented by VA in current 38 CFR 17.1004(a)) included veterans, the provider of the emergency treatment, or the person or organization that paid for such treatment on behalf of the veteran. Under the 2010 Act, claimants who are entitled to partial payment from a third party for providing non-VA emergency services to a veteran are no longer barred from also receiving VA payment or reimbursement for such care. Prior to the 2010 Act, section 1725(b)(3)(C) required that VA deny any claim in which a veteran has “other contractual or legal recourse against a third party that would, in whole or in part, extinguish such liability to the provider.” The 2010 Act removed “or in part” from this exclusion. In order to remove this partial payment exclusion from VA regulations, we are removing the clause “or in part” from § 17.1002(g) to parallel the language in current 38 U.S.C. 1725.</P>
        <P>In addition, the 2010 Act authorized, but did not require, VA to provide repayment under section 1725 “for emergency treatment furnished to a veteran before the date of the enactment of the [2010] Act, if the Secretary determines that, under the circumstances applicable with respect to the veteran, it is appropriate to do so.” We interpret this provision to allow VA, through regulation, to provide retroactive reimbursement, and we are implementing this authority in new § 17.1004(f).</P>
        <P>In a document published in the<E T="04">Federal Register</E>on May 26, 2011 (76 FR 30598), VA proposed to amend the regulations that govern the payment or reimbursement for emergency services for nonservice-connected conditions in non-VA facilities. We provided a 60 day comment period, which ended on July 25, 2011. We received three comments from the general public.</P>
        <P>In the proposed rule, we stated that § 17.1005 would be amended by adding new paragraphs (c) and (d). However, on December 21, 2011 (76 FR 79071), VA published an entirely separate final rule that added new paragraphs (c) and (d) to § 17.1005. Accordingly, in this final rule we are renumbering proposed § 17.1005(c) as new § 17.1005(e), and we are also renumbering proposed § 17.1005(d) as new § 17.1005(f). None of the comments received on the proposed rulemaking for this final rule addressed these paragraphs, so the discussion below is not affected by this change.</P>
        <P>One commenter applauded VA for “taking steps to change the reimbursement policies.” The commenter further believes that “it is only fair that the VA reimburse” veterans for the emergency care they receive in non-VA hospitals, especially when the non-VA hospitals are “better equipped to handle the injury.” We appreciate the supportive comment on this rulemaking, and thank the commenter.</P>

        <P>A second commenter commended VA for the proposed regulation stating that the regulation is “in the best interest of the local health care provider, the veteran, and possibly the veteran's administration.” We thank the commenter for taking the time to<PRTPAGE P="23616"/>comment and for the commenter's support of this rulemaking.</P>
        <P>Another commenter identified perceived inconsistencies between 38 U.S.C. 1725(c)(2) and 1725(d). The commenter stated that section 1725(c)(2) contains “a prerequisite to VA payments that the veteran or the provider of emergency treatment exhaust without success all reasonably available claims and remedies available against a third party for payment.” The commenter then noted that, in section 1725(d), VA is given “[a]n independent right to recover amounts paid for such treatment when a third party subsequently makes payment for the same treatment ([paragraph] (1)), a lien against any amounts recovered when a third party subsequently makes payment for the same treatment ([paragraph] (3)), and the right to notice of any subsequent payment by a third party for the same treatment ([paragraph] (4)).” The commenter explained that the apparent inconsistencies between subsection (c) “requiring exhaustion of remedies prior to reimbursement” and subsection (d) “talking about [the] right to recover subsequent third party payment, liens on subsequent third part[y] payments and [the] right to notice of third party payments” can be resolved by “understanding the condition precedent to VA payment being that the veteran make a demand for payment from the third party for the cost of the emergency medical treatment.” The commenter concluded that subsection (d) should come into play after a “rejection of the demand or an offer to pay some but not all of the reasonable and necessary emergency medical treatment.” In order to effectively address these perceived inconsistencies, the commenter suggested changes to the regulation text that were not addressed in the proposed rulemaking.</P>
        <P>The stated intent of one of the suggested changes would be to allow “a demand for payment [to] satisf[y] the exhaustion of remedies requirement.” The commenter suggested adding a new paragraph (d)(3) to § 17.1004 as a condition to receive payment or reimbursement for emergency services to state: “The date the veteran filed a demand for payment without complete success, against a third party, for payment of such treatment.” Current § 17.1004(d)(4) states: “The date the veteran finally exhausted, without success, action to obtain payment or reimbursement for the treatment from a third party.” By requiring merely that the veteran “file[] a demand for payment without complete success” without requiring resolution of that demand, the text suggested by the commenter would, in some circumstances, require VA to make payment or reimbursement before the third party has finally decided not to make the demanded payment. The current language in § 17.1004(d)(4) requires the exhaustion of all attempts for reimbursement or payment from the third party before the claimant files a claim with VA. This ensures that duplicative payments are not made to the claimant for the care rendered. If VA were to pay before the claimant fully exhausted his or her claim with the third party, and the third party ultimately made payment, VA would be required to seek reimbursement of its premature payment, resulting in a collection action against the claimant and unnecessary administrative costs and resource utilization. We will not amend § 17.1004 based on the commenter's suggestion because the suggested amendment could result in duplicative payments, increased costs and, ultimately, no additional benefit to the veteran. Thus, as proposed, we have retained the current language in paragraph (d)(4), renumbered as paragraph (d)(3) by this rulemaking.</P>
        <P>Sections 1725(c)(2) and 1725(d) are not inconsistent because, even after “the veteran or the provider of emergency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment” and VA has provided reimbursement, a third party may subsequently, under certain circumstances, make payment for the same treatment.</P>
        <P>The commenter also suggested that we make changes to current § 17.1002, which permits payment or reimbursement under 38 U.S.C. 1725 for emergency treatment only under certain conditions, which are specified in the regulation. One such condition bars payment if a veteran has coverage under a health-plan contract, such that the health-plan contract is responsible to pay for, or reimburse the veteran for payment of, the emergency treatment. This condition applies whether the health-plan contract's responsibility is for all or part of the cost of the emergency treatment.</P>

        <P>The statutory authority for this paragraph is 38 U.S.C. 1725(b)(3)(B), which states that a veteran is liable for emergency treatment if he or she “has no entitlement to care or services under a health-plan contract.” The commenter suggested that we remove the term “or in part” from current § 17.1002(f). (We note that, although the commenter referred to § 17.1002(g), the December 21, 2011, rulemaking redesignated paragraph (g) as paragraph (f).) As previously stated in this rulemaking, the 2010 Act removed the term “or in part” from 38 U.S.C. 1725(b)(3)(C). Section 1725(b)(3)(B) had no such revision. In other words, section 1725(b)(3)(B) requires that the veteran have “no entitlement to care or services under a health-plan contract,” which means that any entitlement, even a partial one, bars eligibility under section 1725(b). In comparison, section 1725(b)(3)(C), as amended, requires veterans to have “no other contractual or legal recourse against a third party that would,<E T="03">in whole,</E>extinguish such liability to the provider” to be eligible for reimbursement under section 1725(b). (Emphasis added.) If a veteran has a contractual or legal recourse against a third party that would, in part, extinguish liability to the provider, the veteran would not be barred from eligibility under section 1725(b). The current language of § 17.1002(f) clarifies the language of section 1725(b)(3)(B) by reiterating the veteran's liability for emergency treatment if such veteran has no health-plan contract “in whole or in part.” If we were to remove “or in part,” the provision would treat a veteran with some coverage under a health-plan contract in the same manner as one without coverage. We respectfully decline to make any changes to the regulation text based on this comment.</P>
        <P>Finally, this rule amends current paragraph (g) of § 17.1002 by removing the words “or in part” to parallel the language in 38 U.S.C. 1725(b)(3)(C), and removes the partial payment exclusion from VA regulations. A commenter suggested further amending current § 17.1002(g) by dividing the paragraph into two separate paragraphs. However, the commenter's suggested revision does not contain the amendment established by the 2010 Act, which removed the term “or in part.” The suggested revision does not offer any substantive amendment to the language of the current paragraph (g), nor does it offer ease of readability. We, therefore, will not further amend current paragraph (g) of § 17.1002.</P>
        <P>Based on the rationale set forth in the proposed rule and in this document, VA is adopting the proposed rule as a final rule, with the above stated renumbering change.</P>
        <HD SOURCE="HD1">Effect of Rulemaking</HD>

        <P>Title 38 of the Code of Federal Regulations, as revised by this final rule, represents the exclusive legal authority on this subject. No contrary rules or procedures are authorized. All VA guidance must be read to conform with this rulemaking if possible or, if not<PRTPAGE P="23617"/>possible, such guidance is superseded by this rulemaking.</P>
        <HD SOURCE="HD1">Unfunded Mandates</HD>
        <P>The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.</P>
        <HD SOURCE="HD1">Paperwork Reduction Act</HD>
        <P>The Office of Management and Budget (OMB) assigns a control number for each collection of information it approves. Except for emergency approvals under 44 U.S.C. 3507(j), VA may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.</P>
        <P>Current § 17.1004 contains a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521). OMB previously approved the collection of information and assigned Control Number 2900-0620. Because this final rule does not alter the information collection approved by OMB under the existing control number, we are not seeking new approval.</P>
        <P>We are inserting a citation to the OMB control number immediately after the authority citation for § 17.1004 to clarify that that section contains an approved collection of information.</P>
        <HD SOURCE="HD1">Executive Orders 12866 and 13563</HD>
        <P>Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” which requires review by OMB, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”</P>
        <P>The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined and it has been determined not to be a significant regulatory action under Executive Order 12866.</P>
        <HD SOURCE="HD1">Regulatory Flexibility Act</HD>
        <P>The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This final rule will not cause a significant economic impact on health care providers, suppliers, or entities since only a small portion of the business of such entities concerns VA beneficiaries. Further, under this final rule, affected small entities will be reimbursed for the expenses they incur for the emergency treatment of certain veterans. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.</P>
        <HD SOURCE="HD1">Catalog of Federal Domestic Assistance Numbers</HD>
        <P>The Catalog of Federal Domestic Assistance program number and title for this final rule are as follows: 64.005, Grants to States for Construction of State Home Facilities; 64.007, Blind Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem Program.</P>
        <HD SOURCE="HD1">Signing Authority</HD>
        <P>The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on April 11, 2012, for publication.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 38 CFR Part 17</HD>
          <P>Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs-health, Grant programs-Veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 12, 2012.</DATED>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
        
        <P>For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR part 17 as follows:</P>
        <REGTEXT PART="17" TITLE="38">
          <PART>
            <HD SOURCE="HED">PART 17—MEDICAL</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 17 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>38 U.S.C. 501, and as noted in specific sections.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <SECTION>
            <SECTNO>§ 17.1001</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. Amend § 17.1001 by removing paragraph (a)(5).</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <SECTION>
            <SECTNO>§ 17.1002</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>3. Amend § 17.1002 by removing the words “or in part” in paragraph (g).</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <AMDPAR>4. Amend § 17.1004 as follows:</AMDPAR>
          <AMDPAR>a. Remove paragraph (d)(1).</AMDPAR>
          <AMDPAR>b. Redesignate paragraphs (d)(2), (d)(3) and (d)(4) as new paragraphs (d)(1), (d)(2), and (d)(3), respectively.</AMDPAR>
          <AMDPAR>c. Add paragraph (f).</AMDPAR>
          <AMDPAR>d. Add an information collection approval parenthetical at the end of the section.</AMDPAR>
          <P>The additions read as follows:</P>
          <SECTION>
            <SECTNO>§ 17.1004</SECTNO>
            <SUBJECT>Filing claims.</SUBJECT>
            <STARS/>

            <P>(f) Notwithstanding paragraph (d) of this section, VA will provide retroactive payment or reimbursement for emergency treatment received by the veteran on or after July 19, 2001, but more than 90 days before May 21, 2012, if the claimant files a claim for<PRTPAGE P="23618"/>reimbursement no later than 1 year after May 21, 2012.</P>
            <STARS/>
            <EXTRACT>
              <FP>(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0620.)</FP>
            </EXTRACT>
            
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <AMDPAR>5. Amend § 17.1005 by adding paragraphs (e) and (f), to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 17.1005</SECTNO>
            <SUBJECT>Payment limitations.</SUBJECT>
            <STARS/>
            <P>(e) If an eligible veteran under § 17.1002 has contractual or legal recourse against a third party that would only partially extinguish the veteran's liability to the provider of emergency treatment, then:</P>
            <P>(1) VA will be the secondary payer;</P>
            <P>(2) Subject to the limitations of this section, VA will pay the difference between the amount VA would have paid under this section for the cost of the emergency treatment and the amount paid (or payable) by the third party; and</P>
            <P>(3) The provider will consider the combined payment under paragraph (c)(2) of this section as payment in full and extinguish the veteran's liability to the provider.</P>
            <P>(f) VA will not reimburse a claimant under this section for any deductible, copayment or similar payment that the veteran owes the third party.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9265 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
        <CFR>39 CFR Part 501</CFR>
        <SUBJECT>Authority To Manufacture and Distribute Postage Evidencing Systems</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Postal Service<E T="51">TM</E>.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Postal Service is adopting an editorial revision of the rules concerning inventory controls for Postage Evidencing Systems (PES). These changes are intended to clarify the rules, and reflect a change in the name of the office responsible for enforcing them.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective May 21, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Marlo Kay Ivey, Business Programs Specialist, Payment Technology, U.S. Postal Service, at 202-268-7613.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On December 1, 2011, the Postal Service proposed an editorial revision of the rules governing the inventory control processes of PES provided to customers by manufacturers or distributors. The office formerly known as Postage Technology Management (PTM) is now known as Payment Technology, making it necessary to modify the numerous references to PTM in 39 CFR 501.14 to reflect the new name. In addition, the Postal Service believed it was appropriate to take this opportunity to make a number of minor editorial changes throughout § 501.14 to improve its clarity. None of these changes was intended to modify the substantive requirements of the section. No comments were received concerning this proposal. Accordingly, the proposed revision to § 501.14 is adopted without further changes.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 39 CFR Part 501</HD>
          <P>Administrative practice and procedure.</P>
        </LSTSUB>
        
        <P>Accordingly, 39 CFR part 501 is amended as follows:</P>
        <REGTEXT PART="501" TITLE="39">
          <PART>
            <HD SOURCE="HED">PART 501—AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS</HD>
            <P>1. The authority citation for 39 CFR part 501 continues to read as follows:</P>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95-452, as amended); 5 U.S.C. App. 3.</P>
            </AUTH>
          </PART>
        </REGTEXT>
        
        <REGTEXT PART="501" TITLE="39">
          <AMDPAR>2. Section 501.14 is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 501.14</SECTNO>
            <SUBJECT>Postage Evidencing System inventory control processes.</SUBJECT>
            <P>(a) Each authorized provider of Postage Evidencing Systems must permanently hold title to all Postage Evidencing Systems that it manufactures or distributes, except those purchased by the Postal Service or distributed outside the United States.</P>
            <P>(b) An authorized provider must maintain sufficient facilities for and records of the business relationship, distribution, control, storage, maintenance, repair, replacement, and destruction or disposal of all Postage Evidencing Systems and their components to enable accurate accounting and location thereof throughout the entire life cycle of each Postage Evidencing System. A complete record shall entail a list by serial number of all Postage Evidencing Systems manufactured or distributed showing all movements of each system from the time that it is produced until it is scrapped, and the reading of the ascending register each time the system is checked into or out of service. These records must be available for inspection by Postal Service officials at any time during business hours.</P>
            <P>(c) To ensure adequate control over Postage Evidencing Systems, plans for the following subjects must be submitted for prior approval, in writing, to the office of Payment Technology.</P>
            <P>(1)<E T="03">Service procedures for all Postage EvidencingSystems</E>—these are procedures to address the process to be used for new Postage Evidencing Systems as well as those previously leased to another customer.</P>
            <P>(2)<E T="03">Transportation and storage of Postage Evidencing Systems</E>—these are procedures that provide reasonable precautions to prevent use by unauthorized individuals. Providers must ship all postage meters by Postal Service Registered Mail® service unless given written permission by the Postal Service to use another carrier. The provider must demonstrate that the alternative delivery carrier employs security procedures equivalent to those for Registered Mail service.</P>
            <P>(3)<E T="03">Postage Evidencing System examination/inspection procedures and schedule</E>—the provider is required to perform postage meter examinations or inspections based on an approved schedule. Failure to complete the postage meter examination or inspections by the due date may result in the Postal Service requiring the provider to disable the meter's resetting capability. If necessary, the Postal Service shall notify the customer that the postage meter is to be removed from service and the authorization to use a Postage Evidencing System revoked, following the procedures for revocation specified by regulation. The Postal Service shall notify the provider to remove the postage meter from the customer's location.</P>
            <P>(4)<E T="03">Out-of-service procedures for a nonfaulty Postage Evidencing System</E>—these procedures must be used when the system is to be removed from service for any reason.</P>
            <P>(5)<E T="03">Postage Evidencing System repair process</E>—any physical or electronic access to the internal components of a postage meter, as well as any access to software or security parameters, must be conducted within an approved facility under the provider's direct control and active supervision. To prevent unauthorized use, the provider or any third party acting on its behalf must keep secure any equipment or other component that can be used to open or access the internal, electronic, or secure components of a postage meter.</P>
            <P>(6)<E T="03">Handling procedures for faulty meters</E>—the provider must maintain handling procedures for faulty meters, including those that are inoperable, mis-<PRTPAGE P="23619"/>registering, have unreadable registers, inaccurately reflect their current status, show any evidence of possible tampering or abuse, and those for which there is any indication that the postage meter has some mechanical or electrical malfunction of any critical security component, such as any component the improper operation of which could adversely affect Postal Service revenues, or of any memory component, or that affects the accuracy of the registers or the accuracy of the value printed.</P>
            <P>(7)<E T="03">Lost or stolen postage meter procedures</E>—the provider must promptly report to the Postal Service the loss or theft of any postage meter or the recovery of any lost or stolen postage meter. Such notification to the Postal Service will be made by completing and filing a standardized lost and stolen meter incident report within 10 calendar days of the provider's determination of a meter loss, theft, or recovery.</P>
            <P>(8)<E T="03">Postage meter destruction</E>—when required, the postage meter must be rendered completely inoperable by the destruction process and associated postage; printing dies and components must be destroyed. Manufacturers or distributors of meters must submit the proposed destruction method; a schedule listing the postage meters to be destroyed, by serial number and model; and the proposed time and place of destruction to Payment Technology for approval prior to any meter destruction. Providers must record and retain the serial numbers of the meters to be destroyed and provide a list of such serial numbers in electronic form in accordance with Postal Service requirements for meter accounting and tracking systems. Providers must give sufficient advance notice of the destruction to allow Payment Technology to schedule observation by its designated representative who shall verify that the destruction is performed in accordance with a Postal Service-approved method or process. To the extent that the Postal Service elects not to observe a particular destruction, the provider must submit a certification of destruction, including the serial number(s), to the Postal Service within 5 calendar days of destruction. These requirements for meter destruction apply to all postage meters, Postage Evidencing Systems, and postal security devices included as a component of a Postage Evidencing System.</P>
            <P>(d) If the provider uses a third party to perform functions that may have an impact upon a Postage Evidencing System (especially its security), including, but not limited to, business relationships, repair, maintenance, and disposal of Postage Evidencing Systems, Payment Technology must be advised in advance of all aspects of the relationship, as they relate to the custody and control of Postage Evidencing Systems and must specifically authorize in writing the proposed arrangement between the parties.</P>
            <P>(1) Postal Service authorization of a third-party relationship to perform specific functions applies only to the functions stated in the written authorization but may be amended to embrace additional functions.</P>
            <P>(2) No third-party relationship shall compromise the Postage Evidencing System, or its components, including, but not limited to, the hardware, software, communications, and security components, or of any security-related system with which it interfaces, including, but not limited to, the resetting system, reporting systems, and Postal Service support systems. The functions of the third party with respect to a Postage Evidencing System, its components, and the systems with which it interfaces are subject to the same scrutiny as the equivalent functions of the provider.</P>
            <P>(3) Any authorized third party must keep adequate facilities for and records of Postage Evidencing Systems and their components in accordance with paragraph (b) of this section. All such facilities and records are subject to inspection by Postal Service representatives, insofar as they are used to distribute, control, store, maintain, repair, replace, destroy, or dispose of Postage Evidencing Systems.</P>
            <P>(4) The provider must ensure that any party acting on its behalf in any of the functions described in paragraph (b) of this section maintains adequate facilities, records, and procedures for the security of the Postage Evidencing Systems. Deficiencies in the operations of a third party relating to the custody and control of Postage Evidencing Systems, unless corrected in a timely manner, can place at risk a provider's approval to manufacture and/or distribute Postage Evidencing Systems.</P>
            <P>(5) The Postal Service reserves the right to review all aspects of any relationship if it appears that the relationship poses a threat to Postage Evidencing System security and may require the provider to take appropriate corrective action. By entering into any relationship under this section, the provider is not relieved of any responsibility to the Postal Service, and such must be stated in any memorialization of the relationship.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <NAME>Stanley F. Mires,</NAME>
          <TITLE>Attorney, Legal Policy &amp; Legislative Advice.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9534 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7710-12-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R04-OAR-2012-0118; FRL-9662-4]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Implementation Plans;Alabama: Removal of State Low-Reid Vapor Pressure Requirement for the Birmingham Area</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>EPA is taking final action to approve a revision to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM), on January 10, 2012, for parallel processing. ADEM submitted the final version of the SIP revision on March 2, 2012. The revision modifies Alabama's SIP to move Chapter 335-3-20 “Control of Fuels,” which includes the regulation that governs the State's 7.0 pounds per square inch (psi) requirement for the low-Reid Vapor Pressure (RVP) fuel program in Jefferson and Shelby Counties (hereafter referred to as the “Birmingham Area”) from the active measures portion of the Alabama SIP to the contingency measures portions of the maintenance plans for the Birmingham Area for the ozone national ambient air quality standards (NAAQS or standards), and of the proposed maintenance plans for the 1997 annual fine particulate matter (PM<E T="52">2.5</E>) standards, and the 2006 24-hour PM<E T="52">2.5</E>standards, when those actions are finalized. The change to the SIP will result in the federal RVP requirement of 7.8 psi applying for the Birmingham Area. EPA is approving this SIP revision because the State has demonstrated that it is consistent with section 110 of the Clean Air Act (CAA or Act).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective April 20, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>EPA has established a docket for this action under Docket ID Number EPA-R04-OAR-2012-0118. All documents in the docket are listed in the<E T="03">www.regulations.gov</E>Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business<PRTPAGE P="23620"/>information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through<E T="03">www.regulations.gov</E>or in hard copy for public inspection during normal business hours at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61 Forsyth Street SW., Atlanta, Georgia 30303-8960.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at<E T="03">lakeman.sean@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. What is the background for this final action?</FP>
          <FP SOURCE="FP-2">II. What is the effect of this action?</FP>
          <FP SOURCE="FP-2">III. What is EPA's final action?</FP>
          <FP SOURCE="FP-2">IV. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. What is the background for this final action?</HD>
        <P>On March 2, 2012, ADEM submitted a revision to the Alabama SIP to move the state-level RVP requirement of 7.0 psi from the active measures portions of the SIP to the contingency measures portions of the SIP. The applicable RVP requirement would then be the federal 7.8 psi requirement and the 7.0 psi state-level requirement would be a part of the maintenance plans as contingency measures for the NAAQS discussed above. The State is not seeking a change to the federal RVP requirements of 7.8 psi that are applicable to the Birmingham Area.</P>

        <P>Section 211(h) of the CAA requires EPA to set a maximum RVP standard of 9.0 psi during the high ozone season, which is defined as June 1st through September 15th of each year.<E T="03">See also</E>40 CFR 80.27. The CAA provides for more stringent requirements to be established for ozone nonattainment areas. In accordance with CAA section 211(h), EPA established a two-phase reduction in high ozone season commercial gasoline volatility. These rules focus on reducing gasoline emissions of volatile organic compounds (VOC). Phase I was applicable to calendar years 1989 through 1991. Depending on the state and month, gasoline RVP was not to exceed 10.5 psi, 9.5 psi, or 9.0 psi.<E T="03">See</E>54 FR 11868 (March 22, 1989). Phase II was applicable to calendar years 1992 and later. Depending on the state and month, gasoline RVP may not exceed 9.0 psi or 7.8 psi.<E T="03">See</E>55 FR 23658 (June 11, 1990). A current listing of the RVP requirements for states can be found on EPA's Web site at:<E T="03">http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm</E>.</P>
        <P>The Birmingham Area was originally classified as a 1-hour ozone nonattainment area by EPA on March 3, 1978 (43 FR 8962). The Birmingham nonattainment Area at that time was geographically defined as Jefferson County, Alabama. On November 6, 1991, by operation of law under section 181(a) of the CAA, EPA classified the Birmingham nonattainment area as a marginal nonattainment area for the 1-hour ozone NAAQS and added Shelby County to the nonattainment area (56 FR 56693). The nonattainment classification for the Birmingham marginal ozone area was based on ambient air sampling measurements for ozone made during 1987-1989. As an ozone nonattainment area, the Birmingham Area was subject to the federal RVP requirements of 7.8 psi for both Jefferson and Shelby Counties.</P>
        <P>Section 211(c)(4)(C) of the CAA allows states to seek a waiver from EPA to adopt into the federally-approved SIP, a state fuel program that is more stringent than federal requirements. Subsequently, in 2001, EPA approved a state fuel program that imposed a 7.0 psi requirement for this area, under section 211(c)(4)(C) of the CAA. The low-RVP fuel program required that all gasoline sold during the control period (June 1st through September 15th) in the Birmingham Area contain a maximum RVP of 7.0 psi.</P>

        <P>The Birmingham Area subsequently attained the 1-hour ozone NAAQS and was redesignated for that NAAQS on March 12, 2004.<E T="03">See</E>69 FR 11798. At that time, ADEM included the 7.0 psi RVP requirement in its maintenance plan. Thereafter, the Birmingham Area was designated as a nonattainment for the more stringent 1997 8-hour ozone NAAQS, effective June 15, 2004 (69 FR 23858). On May 12, 2006 (71 FR 27631), the Birmingham Area was redesignated to attainment for the 1997 8-hour ozone NAAQS.<SU>1</SU>
          <FTREF/>As part of the requirement to be redesignated to attainment, ADEM developed a maintenance plan pursuant to CAA section 175A(a) that demonstrated the Area would maintain the 1997 8-hour ozone NAAQS for at least 10 years after redesignation. In that maintenance demonstration, ADEM, in its emissions projections, adopted a conservative approach to the fuel requirement in the Area by assuming a high ozone season RVP requirement of 9.0 psi as opposed to 7.0 psi.<SU>2</SU>
          <FTREF/>The State demonstrated that the Area could continue to maintain the ozone NAAQS with the 9.0 psi requirement.</P>
        <FTNT>
          <P>
            <SU>1</SU>On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS—also known as the 2008 8-hour ozone NAAQS. Currently, the Agency is reviewing individual area's compliance with the revised 8-hour ozone NAAQS and anticipates completing a designation process in the Spring of 2012. Today's rulemaking is not related to the 2008 8-hour ozone NAAQS, however, EPA notes that 2008-2010 and preliminary 2009-2011 monitoring data suggests that the Birmingham Area is attaining the 2008 8-hour ozone NAAQS.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>2</SU>The Birmingham Area was also designated nonattainment for the 1997 PM<E T="52">2.5</E>and the 2006 PM<E T="52">2.5</E>NAAQS. In association with these redesignation requests, EPA proposed to approve maintenance plans which assume a high ozone season RVP requirement of 7.8 psi as opposed to the State requirement of 7.0 psi. Throughout this rulemaking, EPA's reference to the maintenance plans for the 1997 PM<E T="52">2.5</E>and 2006 PM<E T="52">2.5</E>NAAQS is in reference to the proposed maintenance plans because these plans have been proposed for approval by EPA but have not yet been finalized.</P>
        </FTNT>
        <P>EPA's primary consideration for determining the approvability of Alabama's SIP revision is whether this requested action complies with section 110(l) of the CAA. Section 110(l) of the CAA states:</P>
        
        <EXTRACT>
          <P>
            <E T="03">Plan Revision</E>—Each revision to an implementation plan submitted by a State under this chapter shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 7501 of this title), or any other applicable requirement of this chapter. 42 U.S.C. 7410(l).</P>
        </EXTRACT>
        

        <P>Alabama's March 2, 2012, SIP revision requested only that the state-level requirement of 7.0 psi be moved from the active measures portions of the Alabama SIP to the contingency measures portions of the maintenance plans for the ozone NAAQS, the annual 1997 PM<E T="52">2.5</E>standards and the 2006 24-hour PM<E T="52">2.5</E>standards. Because the RVP requirements currently are a part of the SIP, the revision must meet the requirements of CAA section 110(l). Therefore, as part of Alabama's SIP revision request to change its RVP requirement, Alabama must demonstrate that the revision will not interfere with the attainment or maintenance of any of the NAAQS or any other applicable requirement of the CAA.</P>

        <P>Developing what is necessary for a SIP revision to comply with section<PRTPAGE P="23621"/>110(l) is a case-by-case determination based upon the circumstances of each revision. EPA interprets 110(l) as applying to all NAAQS that are in effect, including those that have been promulgated but for which the EPA has not yet made designations. The specific elements of the SIP revision depend on the circumstances and emissions analyses. The State's request does not involve a modification of the 7.8 psi federal RVP requirement, which is separately applicable by federal regulation (40 CFR 80.27) to both Jefferson and Shelby Counties. On March 5, 2012, EPA published a proposed rulemaking to approve the January 10, 2012, SIP revision under parallel processing.<E T="03">See</E>77 FR 13055. The proposed rulemaking considered the potential impacts with regard to a difference in RVP requirements for the Birmingham Area between the state-level requirement of 7.0 psi and the federal-level requirement of 7.8 psi.</P>
        <P>Alabama's March 2, 2012, SIP revision included an evaluation of the impact that the removal of the 7.0 psi state-level RVP requirement would have on the applicable NAAQS. For the purposes of this change, EPA made the preliminary determination that the applicable NAAQS<SU>3</SU>

          <FTREF/>of interest for the noninterference demonstration required by section 110(l) of the CAA are the ozone, particulate matter and nitrogen oxides (NO<E T="52">2</E>) standards because the RVP requirements result primarily in emissions benefits for VOCs and nitrogen oxides (NO<E T="52">X</E>). VOCs and NO<E T="52">X</E>emissions are precursors for ozone and particulate matter, and NO<E T="52">2</E>is a component of NO<E T="52">X</E>. Information regarding the State's analysis is provided in the EPA's March 5, 2012, proposed rulemaking. There are no emissions reductions attributable to the emissions of carbon monoxide (CO), lead and sulfur dioxide (SO<E T="52">2</E>) from RVP requirements. As a result, there is no information indicating the revision would have any impact on those NAAQS. Additionally, the Birmingham Area is currently designated attainment for the CO, lead and SO<E T="52">2</E>NAAQS, and is continuing to attain these standards. Therefore, the analysis in the March 5, 2012, rulemaking focused on the impact of Alabama's changes to the RVP requirements on the ozone, particulate matter and NO<E T="52">2</E>NAAQS.<E T="03">See</E>77 FR 13055.</P>
        <FTNT>
          <P>

            <SU>3</SU>The six NAAQS that EPA establishes health and welfare based standards are CO, lead, NO<E T="52">2</E>, ozone, particulate matter, and SO<E T="52">2</E>.</P>
        </FTNT>
        <P>EPA's March 5, 2012 (77 FR 13055), proposed approval was contingent upon Alabama providing EPA with a final SIP revision that was not changed significantly from the January 10, 2012, revision. Alabama provided its final SIP revision on March 2, 2012. There were no significant changes made to the final submittal. There are minor differences between the draft and final SIP submittals due to changes made by ADEM in response to comments made by EPA during the public comment period. EPA received no adverse comments on the March 5, 2012, proposed rulemaking.</P>
        <HD SOURCE="HD1">II. What is the effect of this action?</HD>

        <P>The action being finalized today will remove the 7.0 psi requirement from the active portion of the Alabama SIP to the contingency measures portion of the maintenance plans for the ozone, and the proposed maintenance plans for the 1997 PM<E T="52">2.5</E>and 2006 PM<E T="52">2.5</E>NAAQS, if finalized. This change will result in the federal RVP requirement of 7.8 psi applying for the Birmingham Area.</P>
        <HD SOURCE="HD1">III. What is EPA's final action?</HD>

        <P>EPA is taking final action to approve Alabama's March 2, 2012, SIP revision regarding the State's regulation at Chapter 335-3-20 “Control of Fuels” which identifies Alabama's 7.0 psi requirement for the low-RVP fuel program in the Birmingham Area (i.e., Jefferson and Shelby Counties). Specifically, Alabama's March 2, 2012, SIP revision moves the State's 7.0 psi requirement for low-RVP fuel program in the Birmingham Area from the active measures portion to the contingency measures portions of the maintenance plans for ozone standards, and the proposed maintenance plans for the annual 1997 PM<E T="52">2.5</E>standard and the 2006 24-hour PM<E T="52">2.5</E>standard, if finalized. This final will result in applicability of the federal RVP requirement of 7.8 psi for the Birmingham Area.</P>
        <P>In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary and will eliminate any uncertainty as to which fuel requirement refiners that supply fuel to the Area must adhere to for the summer of 2012. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today's rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's rule will provide refiners time to plan for and supply fuel to the area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action.</P>
        <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:</P>
        <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

        <P>• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501<E T="03">et seq.</E>);</P>

        <P>• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>);</P>
        <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
        <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>

        <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and<PRTPAGE P="23622"/>
        </P>
        <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        
        <FP>In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.</FP>
        <P>The Congressional Review Act, 5 U.S.C. 801<E T="03">et seq.,</E>as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the<E T="04">Federal Register</E>. A major rule cannot take effect until 60 days after it is published in the<E T="04">Federal Register</E>. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>

        <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 19, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (<E T="03">See</E>section 307(b)(2).)</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
          <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements and Volatile organic compounds.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 11, 2012.</DATED>
          <NAME>A. Stanley Meiburg,</NAME>
          <TITLE>Acting Regional Administrator, Region 4.</TITLE>
        </SIG>
        
        <P>40 CFR part 52 is amended as follows:</P>
        <REGTEXT PART="52" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 7401<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <HD SOURCE="HED">Subpart B—Alabama</HD>
          </SUBPART>
          <AMDPAR>2. Section 52.50(c) is amended by revising the heading for “Chapter No. 335-3-20,” and the entries for “Section 335-3-20-.01,” “Section 335-3-20-.02,” and “Section 335-3-20-.03” to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.50</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(c) * * *</P>
            <GPOTABLE CDEF="s50,r50,12,r50,12" COLS="5" OPTS="L1,i1">
              <TTITLE>EPA Approved Alabama Regulations</TTITLE>
              <BOXHD>
                <CHED H="1">State citation</CHED>
                <CHED H="1">Title/subject</CHED>
                <CHED H="1">State effective date</CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">Explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW EXPSTB="04" RUL="s">
                <ENT I="21">
                  <E T="02">Chapter No. 335-3-20 Reserved</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Section 335-3-20-.01</ENT>
                <ENT>Reserved</ENT>
                <ENT>4/3/12</ENT>
                <ENT O="xl">4/20/12 [Insert citation of publication].</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">Section 335-3-20-.02</ENT>
                <ENT>Reserved</ENT>
                <ENT>4/3/12</ENT>
                <ENT O="xl">4/20/12 [Insert citation of publication].</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">Section 335-3-20-.03</ENT>
                <ENT>Reserved</ENT>
                <ENT>4/3/12</ENT>
                <ENT O="xl">4/20/12 [Insert citation of publication].</ENT>
                <ENT/>
              </ROW>
            </GPOTABLE>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9446 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R05-OAR-2011-0944; FRL-9648-6]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted Standard</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Direct final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>EPA is approving into the Illinois State Implementation Plan (SIP) an adjusted standard for Leisure Properties LLC/D/B/A Crownline Boats (Crownline) at its West Frankfort, Illinois facility. On June 10, 2011, the Illinois Environmental Protection Agency (IEPA) submitted to EPA for approval an adjustment to the general rule, Use of Organic Material Rule, commonly known as the eight pound per hour (8 lb/hr) rule, as it applies to emissions of volatile organic matter (VOM) from Crownline's manufacturing facility. The adjusted standard relieves Crownline from being subject to the general rule for VOM emissions from its West Frankfort facility. EPA is approving this SIP revision because it will not interfere with attainment or maintenance of the ozone National Ambient Air Quality Standard (NAAQS).</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>

          <P>This direct final rule will be effective June 19, 2012, unless EPA receives adverse comments by May 21, 2012. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the<E T="04">Federal Register</E>informing the public that the rule will not take effect.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-R05-OAR-2011-0944, by one of the following methods:</P>
          <P>1.<E T="03">www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>2.<E T="03">Email: blakley.pamela@epa.gov.</E>
          </P>
          <P>3.<E T="03">Fax:</E>(312)692-2450.</P>
          <P>4.<E T="03">Mail:</E>Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.</P>
          <P>5.<E T="03">Hand Delivery:</E>Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S.<PRTPAGE P="23623"/>Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No. EPA-R05-OAR-2011-0944. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at<E T="03">www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through<E T="03">www.regulations.gov</E>or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">www.regulations.gov</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.</P>
          <P>
            <E T="03">Docket:</E>All documents in the docket are listed in the<E T="03">www.regulations.gov</E>index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in<E T="03">www.regulations.gov</E>or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Carolyn Persoon, Environmental Engineer, at (312)353-8290, before visiting the Region 5 office.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)353-8290,<E T="03">persoon.carolyn@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:</P>
        
        <EXTRACT>
          <FP SOURCE="FP-2">I. What is EPA's analysis of Crownline's adjusted standard?</FP>
          <FP SOURCE="FP-2">II. What action is EPA taking?</FP>
          <FP SOURCE="FP-2">III. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. What is EPA's analysis of Crownline's adjusted standard?</HD>
        <HD SOURCE="HD2">Background of the 8 lb/hr Rule and the Adjusted Standard</HD>
        <P>EPA approved the VOM general 8 lb/hr rule into the Illinois SIP on February 21, 1980 (45 FR 11472). The rule states that “no person shall cause or allow the discharge of more than 3.6 kg/hr (8 lb/hr) of organic material into the atmosphere from any emission source * * *” The basis for this rule is prevention of ground-level ozone formation in order to meet the ozone NAAQS.</P>
        <P>Crownline filed a petition for an adjusted standard on December 5, 2003, in accordance with section 28.1 of the Illinois Environmental Protection Act, 415 ILCS 5/28.1, and Illinois' regulations at 35 Ill. Adm. Code section 215. Section 28.1 sets out the factors that a petitioner must demonstrate to justify an adjusted standard. Crownline filed the petition describing the factors relating to its West Frankfort facility that are substantially and significantly different from the factors relied on in adopting the general rule, specifically that the general rule did not take into account the specific operations needed to make fiberglass boats. Crownline also provided an air quality impact analysis to support its petition. On April 23, 2004, the Illinois Pollution Control Board (IPCB) held a public hearing on the petition in West Frankfort, Illinois where testimony was given to support Crownline's petition. A final order by the IPCB granted Crownline an adjusted standard on July 22, 2004. Among other things, the IPCB order stated that Crownline must operate in full compliance with the Federal Maximum Achievable Control Technology (MACT) limits on volatile organic compounds (VOCs) for the specific production of fiberglass boats.</P>
        <HD SOURCE="HD2">Analysis of SIP Revision for the Adjusted Standard</HD>
        <P>EPA's approval is based on consideration of whether the adjusted standard meets the requirements of section 1l0(l) of the Clean Air Act (CAA), 42 U.S.C. 4202(l). In particular, EPA considered whether exempting Crownline's West Frankfort facility from compliance with 35 Ill. Adm. Code 215.301 will impact Illinois' ability to attain and maintain the ozone NAAQS in the area in which the facility is located.</P>

        <P>Under CAA section 110(l) the state must show that the SIP revision will not interfere with attainment and maintenance of both existing eight-hour ozone standards, which would be 75 parts per billion (ppb) promulgated in 2008 and the 84 ppb promulgated in 1997. The monitor closest to Crownline's West Frankfort facility is located in Hamilton County, Illinois. This monitor has been and currently is attaining the eight-hour ozone standards with a design value of 68 ppb for the 2008-2010 design period. See EPA's Web site on design values for ozone at<E T="03">http://www.epa.gov/airtrends/values.html.</E>The IPCB order granting Crownline an adjusted standard became effective in July 2004 and Crownline has been operating in accordance with this adjusted standard since that time. As noted, the 2008-2010 design value for Hamilton County shows that the county is attaining the 2008 eight-hour ozone standard with Crownline operating in accordance with the adjusted standard. Thus, Crownline's facility in West Frankfort, Illinois has not been interfering with attainment.</P>
        <P>To support its petition, Crownline did a conservative analysis of emissions to determine an approximate ozone contribution that would result from it operating at the maximum capacity which Crownline is allowed in its approved title V permit. EPA reviewed Crownline's analysis for the one-hour ozone standard and applied this analysis to the eight-hour ozone standard. When adding the potential contribution from Crownline to the existing monitored design value of 68 ppb, the 2008 eight-hour ozone standard of 75 ppb is still maintained even at the facility's maximum permitted emissions allowance.</P>

        <P>Although Crownline is not required to comply with the 8 lb/hour rule, Crownline is required to operate its facility in compliance with Federal regulations of the National Emission Standards for Hazardous Air Pollutants<PRTPAGE P="23624"/>for Boat Manufacturing set forth at 40 CFR part 63 subpart VVVV. These regulations establish emission standards for hazardous air pollutants (HAPs) at new and existing boat manufacturing facilities with resin and gel coat operations, carpet and fabric adhesive operations, or aluminum recreational boat surface coating operations and require certain operational practices, recordkeeping, and emission limits for HAPs. EPA promulgated these regulations under section 112(d) of the CAA, which contains the MACT requirement.<SU>1</SU>
          <FTREF/>Styrene is the VOM emitted from Crownline's West Frankfort facility and styrene is also a HAP. The emissions of styrene from Crownline's West Frankfort facility are from two different types of operations: (1) Lamination process which uses a resin applied by non-atomized spray, and (2) open molding, resistant and/or high strength gel-coat. The MACT requires emission limits on the materials used in these processes, with HAPs content limited to 35% for the resin applied by non-atomized guns, and 33.4% HAPs for the gelcoat composition. These emission limits are enforceable VOM limits for the West Frankfort Facility.</P>
        <FTNT>
          <P>
            <SU>1</SU>“Emission standards promulgated under this subsection shall require the maximum degree of reduction in emissions of the hazardous air pollutants subject to this section.” Section 112(d)(2).</P>
        </FTNT>
        <HD SOURCE="HD1">II. What action is EPA taking?</HD>
        <P>EPA is approving into the Illinois SIP an adjusted standard of the 8 lb/hr general rule for VOM for Crownline. The adjusted standard sets an alternative permanent and enforceable VOM limit for Crownline that are the emission limits set in the Federal MACT (40 CFR part 63 subpart VVVV) specific to fiberglass boat manufacturing. The amendment to Illinois' SIP adding the adjusted standard is approvable because the adjusted standard will not interfere with attaining or maintaining the 75 ppb ozone standard as prescribed by section 110(l) of the CAA.</P>

        <P>We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this<E T="04">Federal Register</E>publication, we are publishing a separate document that will serve as the proposal to approve the state plan amendment if relevant adverse written comments are filed. This rule will be effective June 19, 2012 without further notice unless we receive relevant adverse written comments by May 21, 2012. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives an adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective June 19, 2012.</P>
        <HD SOURCE="HD1">III. Statutory and Executive Order Reviews</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements. For that reason, this action:</P>
        <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

        <P>• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501<E T="03">et seq.</E>);</P>

        <P>• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>);</P>
        <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
        <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
        <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and</P>
        <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        <P>In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.</P>
        <P>The Congressional Review Act,5 U.S.C. 801<E T="03">et seq.,</E>as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the<E T="04">Federal Register</E>. A major rule cannot take effect until 60 days after it is published in the<E T="04">Federal Register</E>. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>

        <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 19, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's<E T="04">Federal Register</E>, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>

          <P>Environmental protection, Air pollution control, Incorporation by<PRTPAGE P="23625"/>reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: February 29, 2012.</DATED>
          <NAME>Susan Hedman,</NAME>
          <TITLE>Regional Administrator, Region 5.</TITLE>
        </SIG>
        
        <P>40 CFR part 52 is amended as follows:</P>
        <REGTEXT PART="52" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 52—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 7401<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <HD SOURCE="HED">Subpart O—Illinois</HD>
          </SUBPART>
          <AMDPAR>2. Section 52.720 is amended by adding paragraph (c)(190) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.720</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(c) * * *</P>
            <P>(190) On June 10, 2011, the Illinois Environmental Protection Agency submitted a revision to its state implementation plan. The revision to the SIP allows an adjusted standard to the general rule, Use of Organic Material Rule, known as the eight pound per hour (8 lb/hr) rule, for volatileorganic matter, for Leisure Properties LLC/D/B/A Crownline Boats manufacturing facility located in West Frankfort, Illinois. The adjusted standard is that the facility takes an alternative standard of the emission limit requirements set forth in the MACT under 40 CFR part 63 subpart VVVV as published in 40 CFR Part 63 (§ 63.1200 to end) revised as of July 1, 2002.</P>
            <P>(i) Incorporation by reference.</P>
            <P>(A) July 22, 2004, Opinion and Order of the Illinois Pollution Control Board, AS-04-01, (identified in error as July 22, 2002 in the document heading), effective July 22, 2004.</P>
            <P>(ii) Additional material.</P>
            <P>(A) Letter from Laurel L. Kroack, Illinois Environmental Protection Agency, to Cheryl Newton, EPA, dated September 2, 2011, identifying that due to an ownership change to Crownline Boats, the Board transferred theadjusted standard to Leisure Properties LLC D/B/A Crownline Boats, which is the successor to Crownline Boats, by Board order AS04-l, effective October 7, 2010.</P>
          </SECTION>
        </REGTEXT>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9440 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 180</CFR>
        <DEPDOC>[EPA-HQ-OPP-2010-1018; FRL-9340-5]</DEPDOC>
        <SUBJECT>Quizalofop Ethyl; Pesticide Tolerances</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This regulation establishes tolerances for residues of quizalofop ethyl in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes established tolerances on canola seed and canola meal, as they will be superseded by new tolerances. Finally, this regulation removes several time-limited tolerances, as they have expired. Interregional Research Project Number 4 (IR-4) requested these tolerances, under the Federal Food, Drug, and Cosmetic Act (FFDCA).</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>

          <P>This regulation is effective April 20, 2012. Objections and requests for hearings must be received on or before June 19, 2012, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the<E T="02">SUPPLEMENTARY INFORMATION</E>).</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2010-1018. All documents in the docket are listed in the docket index available at<E T="03">http://www.regulations.gov</E>. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at<E T="03">http://www.regulations.gov,</E>or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Laura Nollen, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 305-7390; email address:<E T="03">nollen.laura@epa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. General Information</HD>
        <HD SOURCE="HD2">A. Does this action apply to me?</HD>
        <P>You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities:</P>
        <P>• Crop production (NAICS code 111).</P>
        <P>• Animal production (NAICS code 112).</P>
        <P>• Food manufacturing (NAICS code 311).</P>
        <P>• Pesticide manufacturing (NAICS code 32532).</P>

        <P>This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>.</P>
        <HD SOURCE="HD2">B. How can I get electronic access to other related information?</HD>

        <P>You may access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's e-CFR site at<E T="03">http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title40/40tab_02.tpl</E>. To access the harmonized test guidelines referenced in this document electronically, please go to<E T="03">http://www.epa.gov/ocspp</E>and select “Test Methods and Guidelines,” which is listed under “Documents related to our mission.”</P>
        <HD SOURCE="HD2">C. How can I file an objection or hearing request?</HD>

        <P>Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2010-1018 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be<PRTPAGE P="23626"/>received by the Hearing Clerk on or before June 19, 2012. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).</P>
        <P>In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit a copy of your non-CBI objection or hearing request, identified by docket ID number EPA-HQ-OPP-2010-1018, by one of the following methods:</P>
        <P>•<E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>Follow the on-line instructions for submitting comments.</P>
        <P>•<E T="03">Mail:</E>Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.</P>
        <P>•<E T="03">Delivery:</E>OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805.</P>
        <HD SOURCE="HD1">II. Summary of Petitioned-For Tolerances</HD>
        <P>In the<E T="04">Federal Register</E>of February 25, 2011 (76 FR 10584) (FRL-8863-3), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition, PP 0E7802, by IR-4, 500 College Road East, Suite 201W, Princeton, NJ 08540. The petition requested that 40 CFR 180.441 be amended by establishing tolerances for residues of the herbicide quizalofop ethyl, ethyl-2-[4-(6-chloroquinoxalin-2-yl oxy)phenoxy]propanoate, including its metabolites and degradates, in or on rapeseed subgroup 20A, except flax, seed at 1.0 parts per million (ppm); gold of pleasure, meal at 1.5 ppm; crambe, meal at 1.5 ppm; sorghum, grain at 0.2 ppm; sorghum, forage at 0.2 ppm; sorghum, stover at 0.35 ppm; and sorghum, aspirated grain at 1.0 ppm. The petition additionally requested that EPA amend tolerances in 40 CFR 180.441 by removing the established tolerance for canola, seed at 1.0 ppm from the table in paragraph (a)(3), as the individual tolerance will be superseded by inclusion in rapeseed subgroup 20A, except flax, seed. The petition also proposed to remove the tolerances in § 180.441(a)(4), as these tolerances expired on June 14, 1999.</P>
        <P>The petition, PP 0E7802, also proposed to amend 40 CFR 180.441 by combining the tables for sections (a)(1) and (a)(3) into one table under section (a)(1), and by removing section (a)(3). It further proposed to revise the tolerance expression under section (a)(1). The petition, PP 0E7802, additionally proposed to revise the tolerance expression under section (a)(2).</P>

        <P>Finally, PP 0E7802 proposed to revise the tolerance expression under section (c). That notice referenced a summary of the petition prepared on behalf of IR-4 by E.I. du Pont de Nemours and Company, the registrant, which is available to the public in the docket,<E T="03">http://www.regulations.gov.</E>There were no comments received in response to the notice of filing.</P>
        <P>Based upon review of the data supporting the petitions, EPA has revised the proposed tolerance level and/or commodity definition for several commodities. The Agency has also removed the established tolerance on canola, meal, as the data were used to establish a tolerance on rapeseed meal, the preferred commodity terminology. The reasons for these changes are explained in Unit IV.C.</P>
        <HD SOURCE="HD1">III. Aggregate Risk Assessment and Determination of Safety</HD>
        <P>Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue * * *.”</P>
        <P>Consistent with section 408(b)(2)(D) of FFDCA, and the factors specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for quizalofop ethyl including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with quizalofop ethyl follows.</P>
        <HD SOURCE="HD2">A. Toxicological Profile</HD>
        <P>EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children.</P>
        <P>Quizalofop ethyl has low acute toxicity via the oral, dermal, and inhalation routes of exposure. It is not an eye or dermal irritant nor a skin sensitizer. The liver has been identified as the target organ, as evidenced by increased liver weights and histopathological changes in the liver. There were no effects observed in the oral toxicity studies that could be attributable to a single-dose exposure and no observed toxicity in a subchronic dermal toxicity study in rabbits. Following subchronic oral exposures, decreased body weight gains, increased liver weight and centrilobular liver cell enlargement were noted in rats, and an increased incidence of testicular atrophy was noted in dogs. A combined chronic toxicity/carcinogenicity study in rats noted an increased incidence of centrilobular enlargement of the liver in both sexes and mild anemia in males. No treatment-related effects on brain weight or histopathology of the nervous system were observed in studies that measured those endpoints.</P>
        <P>In developmental toxicity studies in rats and rabbits, maternal effects, including decreased body weight gains and food consumption, were noted at a level that did not result in developmental effects. In the 2-generation reproduction study in rats, maternal effects including decreased body weight and body weight gains were noted at the same dose level that resulted in prenatal and postnatal effects (decreased percentage of pups born alive and decreased pup weights).</P>

        <P>Carcinogenicity studies in rats and mice disclosed no more than very limited data suggestive of a potential for carcinogenic risk. No evidence of carcinogenicity was seen in female mice and in male or female rats. Liver tumors were found in male mice. However,<PRTPAGE P="23627"/>these tumors were seen only at an excessive dose, occurred at low incidence, showed marginal statistical significance at the high dose (no dose response), and were not accompanied with corroborative pre-neoplastic lesions. Further, liver tumors are common and occur with a high degree of variability in male mice. In addition, mutagenicity studies conducted on quizalofop ethyl did not demonstrate evidence of mutagenic potential. Consequently, there is no concern for the carcinogenicity following exposure to quizalofop ethyl.</P>

        <P>Specific information on the studies received and the nature of the adverse effects caused by quizalofop ethyl as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found at<E T="03">http://www.regulations.gov</E>in document: “Quizalofop-P-ethyl: Human Health Risk Assessment for New Uses on Sorghum, Rapeseed Crop Group 20 A, and Field Corn,” at pp. 33-34 in docket ID number EPA-HQ-OPP-2010-1018.</P>
        <HD SOURCE="HD2">B. Toxicological Points of Departure/Levels of Concern</HD>

        <P>Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see<E T="03">http://www.epa.gov/pesticides/factsheets/riskassess.htm.</E>
        </P>
        <P>A summary of the toxicological endpoints for quizalofop ethyl used for human risk assessment is shown in the Table of this unit.</P>
        <GPOTABLE CDEF="s50,r50,r50,r100" COLS="4" OPTS="L2,i1">
          <TTITLE>Table —Summary of Toxicological Doses and Endpoints for Quizalofop Ethyl for Use in Human Health Risk Assessment</TTITLE>
          <BOXHD>
            <CHED H="1">Exposure/scenario</CHED>
            <CHED H="1">Point of departure and<LI>uncertainty/safety factors</LI>
            </CHED>
            <CHED H="1">RfD, PAD, LOC for risk<LI>assessment</LI>
            </CHED>
            <CHED H="1">Study and toxicological effects</CHED>
          </BOXHD>
          <ROW RUL="s">
            <ENT I="01">Acute dietary (All populations)</ENT>
            <ENT A="02">No appropriate endpoint was identified. There were no effects observed in oral toxicity studies that could be attributed to a single-dose exposure.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Chronic dietary (All populations)</ENT>
            <ENT>NOAEL = 0.9 mg/kg/day<LI O="xl">UF<E T="52">A</E>= 10x</LI>
              <LI O="xl">UF<E T="52">H</E>= 10x</LI>
              <LI O="xl">FQPA SF = 1x</LI>
            </ENT>
            <ENT>Chronic RfD = 0.009 mg/kg/day<LI O="xl">cPAD = 0.009 mg/kg/day.</LI>
            </ENT>
            <ENT>Chronic toxicity/Carcinogenicity study in rats. LOAEL = 3.7 mg/kg/day based on increased incidence of centrilobular enlargement of the liver in both sexes and mild anemia in males.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cancer (Oral, dermal, inhalation)</ENT>
            <ENT A="02">No concern as to human carcinogenicity.</ENT>
          </ROW>
          <TNOTE>UF<E T="52">A</E>= extrapolation from animal to human (interspecies). UF<E T="52">H</E>= potential variation in sensitivity among members of the human population (intraspecies). FQPA SF = Food Quality Protection Act Safety Factor. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. Mg/kg/day= milligrams/kilograms/day.</TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD2">C. Exposure Assessment</HD>
        <P>1.<E T="03">Dietary exposure from food and feed uses.</E>In evaluating dietary exposure to quizalofop ethyl, EPA considered exposure under the petitioned-for tolerances as well as all existing quizalofop ethyl tolerances in 40 CFR 180.441. EPA assessed dietary exposures from quizalofop ethyl in food as follows:</P>
        <P>i.<E T="03">Acute exposure.</E>Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. No such effects were identified in the toxicological studies for quizalofop ethyl; therefore, a quantitative acute dietary exposure assessment is unnecessary.</P>
        <P>ii.<E T="03">Chronic exposure.</E>In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA 1994-1996 and 1998 Continuing Surveys of Food Intakes by Individuals (CSFII). As to residue levels in food, EPA incorporated tolerance-level residues and 100 percent crop treated (PCT) for all commodities.</P>
        <P>iii.<E T="03">Cancer.</E>Based on the data summarized in Unit III.A., EPA has concluded that there is no concern with regard to carcinogenicity. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is not needed.</P>
        <P>iv.<E T="03">Anticipated residue and PCT information.</E>EPA did not use anticipated residue and/or PCT information in the dietary assessment for quizalofop ethyl. Tolerance level residues and/or 100 PCT were assumed for all food commodities.</P>
        <P>2.<E T="03">Dietary exposure from drinking water.</E>The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for quizalofop ethyl in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of quizalofop ethyl. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at<E T="03">http://www.epa.gov/oppefed1/models/water/index.htm.</E>
        </P>
        <P>Based on the Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-GROW) models, the estimated drinking water concentrations (EDWCs) of quizalofop ethyl for chronic exposures for non-cancer assessments are estimated to be 2 parts per billion (ppb) for surface water and 1.29 ppb for ground water.</P>

        <P>Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For chronic dietary risk assessment, the<PRTPAGE P="23628"/>water concentration of value 2 ppb was used to assess the contribution to drinking water.</P>
        <P>3.<E T="03">From non-dietary exposure.</E>The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Quizalofop ethyl is not registered for any specific use patterns that would result in residential exposure.</P>
        <P>4.<E T="03">Cumulative effects from substances with a common mechanism of toxicity</E>
          <E T="03">.</E>Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”</P>

        <P>EPA has not found quizalofop ethyl to share a common mechanism of toxicity with any other substances, and quizalofop ethyl does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that quizalofop ethyl does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at<E T="03">http://www.epa.gov/pesticides/cumulative.</E>
        </P>
        <HD SOURCE="HD2">D. Safety Factor for Infants and Children</HD>
        <P>1.<E T="03">In general.</E>Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.</P>
        <P>2.<E T="03">Prenatal and postnatal sensitivity.</E>The quizalofop ethyl toxicity database is adequate to evaluate potential increased susceptibility of infants and children, and includes developmental toxicity studies in rats and rabbits and a 2-generation reproduction study in rats. In developmental toxicity studies in rats and rabbits, maternal effects, including decreased body weight gains and food consumption, were noted (100 mg/kg/day for rats and 60 mg/kg/day for rabbits) in the absence of developmental effects. In the 2-generation reproduction study in rats, maternal effects (decreased body weight and body weight gains) were noted at 20 mg/kg/day, the same dose level that resulted in prenatal and postnatal effects (decreased percentage of pups born alive and decreased pup weights).</P>
        <P>3.<E T="03">Conclusion.</E>EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings:</P>
        <P>i. The toxicity database for quizalofop ethyl is complete except for acute and subchronic neurotoxicity testing. Recent changes to 40 CFR part 158 imposed new data requirements for acute and subchronic neurotoxicity testing (OPPTS Guideline 870.6200) for pesticide registration. HED has determined from available studies in the quizalofop ethyl toxicity database that quizalofop does not have specific neurotoxicity. More specifically, there were no treatment-related effects on brain weight or histopathology of the nervous system seen in studies that measured these endpoints. There was no evidence of effects on functional development observed in a postnatal segment of the reproduction study in rats. In addition, quizalofop ethyl does not belong to a chemical class that is considered neurotoxic. Although clinical signs possibly indicative of neurotoxicity were seen, they were only observed at high doses and, even then, were rare. The requested acute and subchronic neurotoxicity studies are expected to confirm that there are no indications of neurotoxicity. Therefore, EPA does not believe that conducting acute and subchronic neurotoxicity studies will result in a NOAEL less than the chronic NOAEL of 0.9 mg/kg/day already set for quizalofop ethyl. Based on the information in this unit, EPA has also determined that there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.</P>

        <P>ii. There is no evidence that quizalofop ethyl results in increased susceptibility in<E T="03">in utero</E>rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study.</P>
        <P>iii. There are no residual uncertainties identified in the exposure databases. The chronic dietary exposure assessments were performed based on 100 PCT and tolerance-level residues, and EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to quizalofop ethyl in drinking water. These assessments will not underestimate the exposure and risks posed by quizalofop ethyl.</P>
        <HD SOURCE="HD2">E. Aggregate Risks and Determination of Safety</HD>
        <P>EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the aPAD and cPAD. For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.</P>
        <P>1.<E T="03">Acute risk.</E>An acute aggregate risk assessment takes into account acute exposure estimates from dietary consumption of food and drinking water. No adverse effect resulting from a single oral exposure was identified and no acute dietary endpoint was selected. Therefore, quizalofop ethyl is not expected to pose an acute risk.</P>
        <P>2.<E T="03">Chronic risk.</E>Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to quizalofop ethyl from food and water will utilize 29% of the cPAD for children 1-2 years old, the population group receiving the greatest exposure. There are no residential uses for quizalofop ethyl.</P>
        <P>3.<E T="03">Short- and intermediate-term risk.</E>Short- and intermediate-term aggregate exposure takes into account short- and intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Because no short- or intermediate-term adverse effect was identified, quizalofop ethyl is not expected to pose a short- or intermediate-term risk.</P>
        <P>4.<E T="03">Aggregate cancer risk for U.S. population.</E>Based on the information described in Unit III.A., there is no concern for human carcinogenicity.</P>
        <P>5.<E T="03">Determination of safety.</E>Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to quizalofop ethyl residues.</P>
        <HD SOURCE="HD1">IV. Other Considerations</HD>
        <HD SOURCE="HD2">A. Analytical Enforcement Methodology</HD>

        <P>Adequate enforcement methodology (Morse Method Meth-147, a high<PRTPAGE P="23629"/>performance liquid chromatography method) is available to enforce the tolerance expression for plant commodities. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address:<E T="03">residuemethods@epa.gov.</E>
        </P>
        <HD SOURCE="HD2">B. International Residue Limits</HD>
        <P>In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for quizalofop ethyl.</P>
        <HD SOURCE="HD2">C. Revisions to Petitioned-For Tolerances</HD>

        <P>Based on analysis of the residue field trial data supporting the petitions, EPA revised the proposed tolerances on rapeseed subgroup 20A, except flax, seed from 1.0 ppm to 1.5 ppm; sorghum, grain, stover from 0.35 ppm to 0.30 ppm; crambe, meal from 1.5 ppm to 2.0 ppm; and gold of pleasure, meal from 1.5 ppm to 2.0 ppm. The Agency revised these tolerance levels based on analysis of the residue field trial data using the Agency's Tolerance Spreadsheet in accordance with the Agency's<E T="03">Guidance for Setting Pesticide Tolerances Based on Field Trial Data.</E>
        </P>
        <P>Based on available canola processing data, a tolerance for canola, meal was previously established at 1.5 ppm. Using the available canola processing data, EPA has recommended a tolerance for gold of pleasure, meal; and crambe, meal at 2.0 ppm, by adjusting for the proposed application rate. As such, the previously established tolerance on canola, meal at 1.5 ppm was also revised to 2.0 ppm, and EPA is revising the commodity definition for canola, meal to rapeseed, meal in order to reflect the correct commodity terminology. Therefore, EPA determined that a tolerance should be established on rapeseed, meal at 2.0 ppm, and the established tolerance on canola, meal at 1.5 ppm should be removed.</P>
        <P>The Agency also revised several other proposed and established commodity definitions to reflect the correct terminology, as follows: Bean, dry to bean, dry seed; sorghum, grain to sorghum, grain, grain; sorghum, forage to sorghum, grain, forage; sorghum, stover to sorghum, grain, stover; sorghum, aspirated grain to sorghum, grain, aspirated grain fractions; and soybean to soybean, seed.</P>
        <HD SOURCE="HD1">V. Conclusion</HD>
        <P>Therefore, tolerances are established for residues of quizalofop ethyl, ethyl-2-[4-(6-chloroquinoxalin-2-yl oxy)phenoxy]propanoate, in or on crambe, meal at 2.0 ppm; gold of pleasure, meal at 2.0 ppm; rapeseed, meal at 2.0 ppm; rapeseed, subgroup 20A, except flax, seed at 1.5 ppm; sorghum, grain, grain at 0.20 ppm; sorghum, grain, forage at 0.20 ppm; sorghum, grain, stover at 0.30 ppm; and sorghum, grain, aspirated grain fractions at 1.0 ppm. This final rule additionally removes the established tolerances for canola, seed at 1.0 ppm; and canola, meal at 1.5 ppm. This regulation also deletes time-limited tolerances for quizalofop ethyl on beet, sugar, molasses at 0.2 ppm; beet, sugar, roots at 0.1 ppm; beet, sugar, tops at 0.5 ppm; vegetable, foliage of legume, except soybean, subgroup 7A at 3.0 ppm; and vegetable, legume, group 6 at 0.25 ppm, as the tolerances expired on June 14, 1999. Finally, this final rule revises the tolerance expression to clarify:</P>
        <P>1. That, as provided in FFDCA section 408(a)(3), the tolerance covers metabolites and degradates of quizalofop ethyl not specifically mentioned; and</P>
        <P>2. That compliance with the specified tolerance levels is to be determined by measuring only the specific compounds mentioned in the tolerance expression.</P>
        <HD SOURCE="HD1">VI. Statutory and Executive Order Reviews</HD>

        <P>This final rule establishes tolerances under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled<E T="03">Regulatory Planning and Review</E>(58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled<E T="03">Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</E>(66 FR 28355, May 22, 2001) or Executive Order 13045, entitled<E T="03">Protection of Children From Environmental Health Risks and Safety Risks</E>(62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501<E T="03">et seq.,</E>nor does it require any special considerations under Executive Order 12898, entitled<E T="03">Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations</E>(59 FR 7629, February 16, 1994).</P>

        <P>Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601<E T="03">et seq.</E>) do not apply.</P>

        <P>This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled<E T="03">Federalism</E>(64 FR 43255, August 10, 1999) and Executive Order 13175, entitled<E T="03">Consultation and Coordination With Indian Tribal Governments</E>(65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).</P>
        <P>This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note).</P>
        <HD SOURCE="HD1">VII. Congressional Review Act</HD>
        <P>The Congressional Review Act, 5 U.S.C. 801<E T="03">et seq.,</E>generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of<PRTPAGE P="23630"/>the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the<E T="04">Federal Register</E>. This final rule is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 180</HD>
          <P>Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 11, 2012.</DATED>
          <NAME>Lois Rossi,</NAME>
          <TITLE>Director, Registration Division, Office of Pesticide Programs.</TITLE>
        </SIG>
        
        <P>Therefore, 40 CFR chapter I is amended as follows:</P>
        <REGTEXT PART="180" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 180—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 180 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 321(q), 346a and 371.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="180" TITLE="40">
          <AMDPAR>2. Section 180.441 is amended as follows:</AMDPAR>
          <AMDPAR>i. Revise paragraph (a)(1);</AMDPAR>
          <AMDPAR>ii. Revise paragraph (a)(2) introductory text;</AMDPAR>
          <AMDPAR>iii. Remove paragraphs (a)(3) and (a)(4); and</AMDPAR>
          <AMDPAR>iv. Revise paragraph (c) introductory text.</AMDPAR>
          <P>The revisions read as follows:</P>
          <SECTION>
            <SECTNO>§ 180.441</SECTNO>
            <SUBJECT>Quizalofop ethyl; tolerances for residues.</SUBJECT>
            <P>(a)<E T="03">General.</E>(1) Tolerances are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to 2-methoxy-6-chloroquinoxaline, expressed as the stoichiometric equivalent of quizalofop ethyl, in or on the commodity.</P>
            <GPOTABLE CDEF="s50,10.2" COLS="2" OPTS="L2,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Commodity</CHED>
                <CHED H="1">Parts per<LI>million</LI>
                </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">Barley, grain</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Barley, hay</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Barley, straw</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Bean, dry, seed</ENT>
                <ENT>0.4</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Bean, succulent</ENT>
                <ENT>0.25</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Beet, sugar, molasses</ENT>
                <ENT>0.2</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Beet, sugar, roots</ENT>
                <ENT>0.1</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Beet, sugar, tops</ENT>
                <ENT>0.5</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Cotton, undelinted seed</ENT>
                <ENT>0.1</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Cowpea, forage</ENT>
                <ENT>3.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Cowpea, hay</ENT>
                <ENT>3.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Crambe, meal</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Flax, seed</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Gold of pleasure, meal</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lentil, seed</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Pea, dry</ENT>
                <ENT>0.25</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Pea, field, hay</ENT>
                <ENT>3.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Pea, field, vines</ENT>
                <ENT>3.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Pea, succulent</ENT>
                <ENT>0.3</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Peppermint, tops</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Rapeseed, meal</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Rapeseed subgroup 20A, except flax, seed</ENT>
                <ENT>1.5</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Sorghum, grain, aspirated grain fractions</ENT>
                <ENT>1.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Sorghum, grain, forage</ENT>
                <ENT>0.20</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Sorghum, grain, grain</ENT>
                <ENT>0.20</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Sorghum, grain, stover</ENT>
                <ENT>0.30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Soybean, flour</ENT>
                <ENT>0.5</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Soybean, hulls</ENT>
                <ENT>0.02</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Soybean, meal</ENT>
                <ENT>0.5</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Soybean, seed</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Soybean, soapstock</ENT>
                <ENT>1.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Spearmint, tops</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Sunflower, seed</ENT>
                <ENT>1.9</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Wheat, forage</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Wheat, grain</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Wheat, hay</ENT>
                <ENT>0.05</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Wheat, straw</ENT>
                <ENT>0.05</ENT>
              </ROW>
            </GPOTABLE>
            <P>(2) Tolerances are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to quizalofop (2-[4-(6-chloroquinoxalin-2-yl-oxy)phenoxy]propanoic acid), expressed as quizalofop, in or on the commodity.</P>
            <STARS/>
            <P>(c)<E T="03">Tolerances with regional registrations.</E>Tolerances with regional registration are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to 2-methoxy-6-chloroquinoxaline, expressed as the stoichiometric equivalent of quizalofop ethyl, in or on the commodity.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9447 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <CFR>47 CFR Parts 0, 1, and 54</CFR>
        <DEPDOC>[WC Docket Nos. 11-42, 03-109, 12-23 and CC Docket No. 96-45; Report No. 2948]</DEPDOC>
        <SUBJECT>Lifeline and Link Up Reform and Modernization; Advancing Broadband Availability Through Digital Literacy Training, et al.</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; petition for reconsideration.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission's Rulemaking proceeding concerning rules that comprehensively reform and modernize the Lifeline program to strengthen protections against waste, fraud and abuse; improve program administration and accountability; improve enrollment and consumer disclosures; initiate modernization of the program for broadband; and constrain the growth of the program.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Oppositions to the Petitions must be filed by May 7, 2012. Replies to an opposition must be filed May 15, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kim Scardino or Garnet Hanly, Wireline Competition Bureau, (202) 418-1500 or TTY: (202) 418-0484.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This is a summary of Commission's document, Report No. 2948, released April 5, 2012. The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1-800-378-3160). The Commission will not send a copy of this<E T="03">Notice</E>pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this<E T="03">Notice</E>does not have an impact on any rules of particular applicability.</P>
        <P>
          <E T="03">Subject:</E>Lifeline and Link Up Reform and Modernization; Advancing Broadband Availability through Digital Literacy Training, et al., published at 77 FR 12952, March 2, 2012 in WC Docket Nos. 11-42, 03-109, 12-23 and CC Docket No. 96-45, and published pursuant to 47 CFR 1.429(e).<E T="03">See</E>1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)).</P>
        <P>
          <E T="03">Number of Petitions Filed:</E>8.</P>
        <SIG>
          <PRTPAGE P="23631"/>
          <FP>Federal Communications Commission.</FP>
          <NAME>Marlene H. Dortch,</NAME>
          <TITLE>Secretary, Office of the Secretary, Office of Managing Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9586 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Defense Acquisition Regulations System</SUBAGY>
        <CFR>48 CFR Parts 202, 209, 212, 213, 216, 217, 242, 245, and 252</CFR>
        <SUBJECT>Defense Federal Acquisition Regulation Supplement; Technical Amendments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Defense Acquisition Regulations System, Department of Defense (DoD).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes and guidance to contracting officers.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>April 20, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. Mary Overstreet, Defense Acquisition Regulations System, OUSD(AT&amp;L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6093; facsimile 571-372-6094.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This final rule amends the DFARS as follows:</P>
        <P>1. Updates the definitions of “Contracting activity” at 202.101 and “Debarring and suspending official” at 209.403.</P>
        <P>2. Adds to 212.301(f)(iv) the provision 252.203-7005, which is required in all solicitation.</P>
        <P>3. Reinstates a notification requirement at 216.504(c)(1)(ii)(D) that was inadvertently deleted in publication of DFARS Case 2012-D020.</P>
        <P>4. Directs contracting officers to additional procedures and guidance by adding a reference to the DFARS PGI at 242.302(a)(S-75).</P>
        <P>5. Makes minor editorial corrections to 213.301, 216.506(a), 217.7001, 217.7002(b), 217.7003(b), 242.202, 245.201-71, 252.203-7003, 252.212-7001, and 252.223-7006.</P>
        <P>6. Updates prescription references for 252.227-7037, 252.229-7013, 252.245-7000, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-7004.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 48 CFR Parts 202, 209, 212, 213, 216, 217, 242, 245, and 252</HD>
          <P>Government procurement.</P>
        </LSTSUB>
        <SIG>
          <NAME>Mary Overstreet,</NAME>
          <TITLE>Editor, Defense Acquisition Regulations System.</TITLE>
        </SIG>
        
        <P>Therefore, 48 CFR parts 202, 209, 212, 213, 216, 217, 242, 245, and 252 are amended as follows:</P>
        <REGTEXT PART="202" TITLE="48">
          <AMDPAR>1. The authority citation for 48 CFR parts 202, 213, 217, and 245 is revised to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
          <PART>
            <HD SOURCE="HED">PART 202—DEFINITIONS OF WORDS AND TERMS</HD>
          </PART>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <SECTION>
            <SECTNO>202.101</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. Section 202.101 “Contracting activity” definition is amended—</AMDPAR>
          <AMDPAR>a. In the Army list by adding “Deputy Assistant Secretary of the Army (Procurement)” in alphabetical order;</AMDPAR>
          <AMDPAR>b. In the Army list by removing “Joint Contracting Command—Iraq/Afghanistan”;</AMDPAR>
          <AMDPAR>c. In the Army list by adding “USCENTCOM Joint Theater Support Contracting Command (C-JTSCC)” in alphabetical order; and</AMDPAR>
          <AMDPAR>d. In the Air Force list by adding “Air Force Global Strike Command” after “office of the Deputy Assistant Secretary (Contracting)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="209" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 209—CONTRACTOR QUALIFICATIONS</HD>
          </PART>
          <AMDPAR>3. The authority citation for 48 CFR 209 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="17" TITLE="38">
          <SECTION>
            <SECTNO>209.403</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>4. Section 209.403(1) is amended by removing “Army—Commander, U.S. Army Legal Services Agency” and adding in its place “Director, Soldier &amp; Family Legal Services”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="212" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 212—ACQUISITION OF COMMERCIAL ITEMS</HD>
          </PART>
          <AMDPAR>5. The authority citation for 48 CFR 212 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="212" TITLE="48">
          <AMDPAR>6. Section 212.301 is amended by—</AMDPAR>
          <AMDPAR>a. Redesignating paragraphs (f)(iv)(A) through (M) as (f)(iv)(B) through (N); and</AMDPAR>
          <AMDPAR>b. Adding a new paragraph (f)(iv)(A) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>212.301</SECTNO>
            <SUBJECT>Solicitation provisions and contract clauses for the acquisition of commercial items.</SUBJECT>
            <P>(f)  * * *</P>
            <P>(iv)  * * *</P>
            <P>(A) Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="213" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 213—SIMPLIFIED ACQUISITION PROCEDURES</HD>
          </PART>
          <AMDPAR>7. Section 213.301(4) is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>213.301</SECTNO>
            <SUBJECT>Governmentwide commercial purchase card.</SUBJECT>
            <STARS/>

            <P>(4) Guidance on DoD purchase, travel, and fuel card programs is available in the “Department of Defense Government Charge Card Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card Programs” at<E T="03">http://www.acq.osd.mil/dpap/pdi/pc/policy/_documents.html</E>. Additional guidance on the fuel card programs is available at<E T="03">http://www.energy.dla.mil</E>.</P>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="216" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 216—TYPES OF CONTRACTS</HD>
          </PART>
          <AMDPAR>8. The authority citation for 48 CFR 216 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="216" TITLE="48">
          <AMDPAR>9. Section 216.504 is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>216.504</SECTNO>
            <SUBJECT>Indefinite-quantity contracts.</SUBJECT>
            <P>(c)(1)(ii)(D)<E T="03">Limitation on single-award contracts. (i)</E>The authority to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the senior procurement executive.</P>
            <P>
              <E T="03">(ii)</E>A copy of each determination made in accordance with FAR 16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense Procurement and Acquisition Policy, ATTN: OUSD(AT&amp;L)DPAP/CPIC, 3060 Defense Pentagon, Washington, DC 20301-3060.</P>
          </SECTION>
          <SECTION>
            <SECTNO>216.506</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="216" TITLE="48">
          <AMDPAR>10. Section 216.506(a) is amended by removing “52.216-18” and adding in its place “FAR 52.216-18”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="217" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 217—SPECIAL CONTRACTING METHODS</HD>
            <SECTION>
              <SECTNO>217.7001</SECTNO>
              <SUBJECT>[Amended]</SUBJECT>
            </SECTION>
          </PART>
          <AMDPAR>11. Section 217.7001(b) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="217" TITLE="48">
          <SECTION>
            <PRTPAGE P="23632"/>
            <SECTNO>217.7002</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>12. Section 217.7002(b) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="217" TITLE="48">
          <SECTION>
            <SECTNO>217.7003</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>13. Section 217.7003(a) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="242" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES</HD>
          </PART>
          <AMDPAR>14. The authority citation for 48 CFR 242 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="242" TITLE="48">
          <SECTION>
            <SECTNO>242.20</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>

          <AMDPAR>15. Section 242.202(e)(1)(A) is amended by removing “<E T="03">http://home.dcma.mil/casbook/casbook.htm”</E>and adding in its place “<E T="03">https://pubapp.dcma.mil/CASD/main.jsp</E>”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="242" TITLE="48">
          <AMDPAR>16. Section 242.302 is amended by adding paragraph S-75 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>242.302</SECTNO>
            <SUBJECT>Contract administration functions.</SUBJECT>
            <STARS/>
            <P>(S-75) See PGI 242.302(a)(S-75) for guidelines for monitoring contractor costs.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="245" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 245—GOVERNMENT PROPERTY</HD>
          </PART>
          <AMDPAR>17. Section 245.201-71 is revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>245.201-71</SECTNO>
            <SUBJECT>Government-furnished property attachments to solicitations and awards.</SUBJECT>
            <P>See PGI 245.201-71 for procedures for preparing Government-furnished property attachments to solicitations and awards.</P>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <PART>
            <HD SOURCE="HED">PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES</HD>
          </PART>
          <AMDPAR>18. The authority citation for 48 CFR 252 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>41 U.S.C. 1303 and 48 CFR chapter 1.</P>
          </AUTH>
          <SECTION>
            <SECTNO>252.203-7003</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>19. Section 252.203-7003 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the clause heading “(DEC 2011)” and adding in its place “(APR 2012)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause text “For FedEx or UPS packages, use this zip code: 22311,”.</AMDPAR>
          <SECTION>
            <SECTNO>252.212-7001</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>20. Section 252.212-7001 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the clause heading “(MAR 2012)” and adding in its place “(APR 2012)”; and</AMDPAR>
          <AMDPAR>b. In paragraph (b)(2), removing “(SEP 2010)” and adding in its place “(APR 2012)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.223-7006</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>21. Section 252.223-7006 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the clause heading “(APR 1993)” and adding in its place “(APR 2012)”; and</AMDPAR>
          <AMDPAR>b. Adding the parenthetical phrase “(End of clause)” at the end of the basic clause, after paragraph (b) and before “Alternate I”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.227-7037</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>22. Section 252.227-7037 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory paragraph “227.7102-3(c)” and adding in its place “227-7102-3”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(SEP 2011)” and adding in its place “(APR 2012)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.229-7013</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>23. Section 252.229-7013 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “clause” and adding in its place “provision”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(MAR 2012)” and adding in its place “(APR 2012)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.245-7000</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>24. Section 252.245-7000 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “245.107(a)” and adding in its place “245.107(1)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(DEC 1991)” and adding in its place “(APR 2012)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.245-7001</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>25. Section 252.245-7001 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “245.107(b)” and adding in its place “245.107(2)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(FEB 2011)” and adding in its place “(APR 2012)”.</AMDPAR>
          <SECTION>
            <SECTNO>252.245-7002</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>26. Section 252.245-7002 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “245.107(c)” and adding in its place “245.107(3)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(FEB 2011)” and adding in its place “(APR 2012)”.</AMDPAR>
          <SECTION>
            <SECTNO>252.245-7003</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>27. Section 252.245-7003 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “245.107” and adding in its place “245.107(4)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(FEB 2012)” and adding in its place “(APR 2012)”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="252" TITLE="48">
          <SECTION>
            <SECTNO>252.245-7004</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>28. Section 252.245-7004 is amended by—</AMDPAR>
          <AMDPAR>a. Removing from the introductory text “245.107(e)” and adding in its place “245.107(5)”; and</AMDPAR>
          <AMDPAR>b. Removing from the clause heading “(AUG 2011)” and adding in its place “(APR 2012)”.</AMDPAR>
          
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9582 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-06-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 622</CFR>
        <DEPDOC>[Docket No. 100217097-2404-03]</DEPDOC>
        <RIN>RIN 0648-AY22</RIN>
        <SUBJECT>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Generic Annual Catch Limits/Accountability Measures Amendment for the Gulf of Mexico; Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Correcting amendment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action corrects the final rule implementing the Generic Annual Catch Limits/Accountability Measures Amendment (Generic ACL Amendment) to the Red Drum, Reef Fish Resources, Shrimp, and Coral and Coral Reefs Fishery Management Plans for the Gulf of Mexico (FMPs), which was published on December 29, 2011. Specifically, this action reinserts an inadvertently removed title from a table in the rule.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This correction is effective April 20, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Anne Marie Eich, 727-824-5305; email:<E T="03">AnneMarie.Eich@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>On December 29, 2011, a final rule was published to implement the Generic ACL Amendment to the FMPs (76 FR 82044). In part, that final rule removed<PRTPAGE P="23633"/>species, including octocorals, not currently in need of Federal management from the FMPs. After the regulations implementing the Generic ACL Amendment became effective on January 30, 2012, NMFS determined that the FMP title for the Gulf Coral and Coral Reefs FMP was inadvertently removed from Table 1 in § 622.1. The intent was to remove octocoral species, which are not currently in need of Federal management, from the FMP, but not to change Table 1 in § 622.1.</P>
        <HD SOURCE="HD1">Need for Correction</HD>
        <P>As published, the final rule contains an error in the FMP table in the regulatory text. In § 622.1, paragraph (b), Table 1, the row titled, “FMP for Coral and Coral Reefs of the Gulf of Mexico” was incorrectly removed. This action will reinstate that row into Table 1 in § 622.1. All other information remains unchanged and will not be repeated in this correction.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, finds good cause to waive prior notice and opportunity for additional public comment for this action because delaying this action is unnecessary. This correcting amendment includes a minor, non-substantive change to regulatory text to reinstate a row of text into the FMP table in 50 CFR part 622 that was incorrectly removed. This amendment does not modify, add or remove any rights, privileges or obligations of any individuals. Rather, the removal of an FMP in a table published in the final rule was an error. Reinserting this row into the table, as published in this correcting amendment, will alleviate unnecessary confusion for participants in Gulf fisheries. No adverse affect on fishing stocks will result from this amendment. Because this is a minor technical amendment that is administrative in nature and in which the public would have little interest, public comment is unnecessary.</P>
        <P>For the same reasons, the Assistant Administrator also finds good cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day delay in effective date for this correcting amendment. This revision is a minor, non-substantive change and does not change operating practices in Gulf fisheries. The immediate publication of this correcting amendment will alleviate potential confusion for Gulf fishermen.</P>

        <P>Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601<E T="03">et seq.,</E>are inapplicable.</P>
        <P>This action is not considered significant under Executive Order 12866.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 50 CFR Part 622</HD>
          <P>Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Samuel D. Rauch III,</NAME>
          <TITLE>Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
        
        <P>Accordingly, 50 CFR part 622 is corrected by making the following correcting amendment:</P>
        <REGTEXT PART="622" TITLE="50">
          <PART>
            <HD SOURCE="HED">PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 622 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 1801<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="622" TITLE="50">
          <AMDPAR>2. In § 622.1, paragraph (b), in Table 1, the row titled “FMP for Coral and Coral Reefs of the Gulf of Mexico” is added, in alphabetical order, to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 622.1</SECTNO>
            <SUBJECT>Purpose and scope.</SUBJECT>
            <STARS/>
            <P>(b) * * *</P>
            <GPOTABLE CDEF="s100,r50,xs80" COLS="3" OPTS="L1,i1">
              <TTITLE>Table 1—FMPs Implemented Under Part 622</TTITLE>
              <BOXHD>
                <CHED H="1">FMP title</CHED>
                <CHED H="1">Responsible fishery<LI>management council(s)</LI>
                </CHED>
                <CHED H="1">Geographical area</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">FMP for Coral and Coral Reefs of the Gulf of Mexico</ENT>
                <ENT>GMFMC</ENT>
                <ENT>Gulf.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
            </GPOTABLE>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9604 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3210-22-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 648</CFR>
        <DEPDOC>[Docket No. 111128700-2405-02]</DEPDOC>
        <RIN>RIN 0648-BB66</RIN>
        <SUBJECT>Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Recreational Accountability Measures</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This final rule removes the recreational accountability measures that were implemented in January 2012 to address an overage of the fishing year 2010 Gulf of Maine haddock sub-annual catch limit by the recreational fishery. Newly available data indicate that there was no overage by the recreational fishery for fishing year 2010. Therefore, possession limits and an increase in the minimum size for haddock caught in the Gulf of Maine by recreational anglers aboard private or charter/party vessels are no longer needed.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective April 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>An analysis of the impacts of the accountability measures that are being removed by this action is included in the Final Environmental Impact Statement (FEIS) prepared for Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan (FMP). Copies of Amendment 16, its Regulatory Impact Review (RIR), and the FEIS are available from Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The FEIS/RIR is also accessible via the Internet at<E T="03">http://www.nefmc.org/nemulti/index.html.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Brett Alger, Fishery Management Specialist, (978) 675-2153, fax (978) 281-9135.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The final rule implementing Amendment 16 to the NE Multispecies FMP (75 FR 18262,<PRTPAGE P="23634"/>April 9, 2010) established a process to set and distribute ACLs among the various components of the groundfish fishery, which includes an allocation to the recreational fishery for Gulf of Maine (GOM) cod and haddock. Amendment 16 also established accountability measures (AMs) that would be implemented if any ACL is exceeded during a particular fishing year (FY). If the recreational fishery exceeds its sub-ACL for GOM cod or GOM haddock, NMFS is required to implement AMs to prevent the recreational fishery from exceeding the pertinent sub-ACL in time for the following fishing year. NMFS is required to develop these AMs in consultation with the New England Fishery Management Council (Council), and may consider adjustments to fishing seasons, minimum fish size, or possession limits to achieve the necessary reductions. The effective period of such measures can be modified through notice consistent with the Administrative Procedure Act if it is determined that such measures are not necessary to prevent overfishing or ensure that a similar overage does not occur during future fishing years.</P>
        <P>In FY 2010, the recreational fishery was allocated 324 mt of GOM haddock as part of Framework Adjustment 44 to the NE Multispecies FMP (April 9, 2010, 75 FR 18356). Based on Marine Recreational Fishing Statistical Survey (MRFSS) data, the only available information at the time, NMFS determined that the recreational fishery caught 396.3 mt of GOM haddock during FY 2010. This represented an overage of 72.3 mt, or 22.3 percent of the FY 2010 GOM haddock recreational sub-ACL. After consulting with the Council and its Recreational Advisory Panel, NMFS published an interim final rule (76 FR 82197, December 30, 2011) that implemented a 9-fish possession limit (previously there was no constraint on possession) and increased the minimum fish size for haddock caught in the GOM Regulated Mesh Area from 18 in (45.72 cm) to 19 in (48.26 cm) total length.</P>
        <P>The Marine Recreational Information Program (MRIP), initiated in 2008, provides a new way of counting and reporting marine recreational catch and effort; due to improved statistical techniques, it results in less-biased and more-accurate data than MRFSS. Through the end of calendar year 2012, data already collected using MRFSS will be re-estimated using MRIP until a fill transition is completed for the 2013 calendar year. Therefore, in 2012, NMFS will have both MRFSS and MRIP catch estimates. The MRIP data for the recreational GOM haddock catch became available at the beginning of 2012, after the interim final rule to implement AMs was published on December 30, 2011. Using the MRIP data, NMFS determined that the recreational fishery only caught 297.4 mt of GOM haddock during FY 2010, which is an underage of 26.6 mt, or 8.2 percent of the FY 2010 GOM haddock recreational sub-ACL. Because the FY 2010 recreational catch actually resulted in an underage, the AMs are no longer necessary.</P>
        <P>NMFS received 12 public comments during the 15-day comment period on the interim final rule implementing AMs, some specifically regarding the effectiveness and need for these measures to address haddock catch; the comments are summarized below. Additionally, on February 7, 2012, NMFS received a request from the Council to revisit the implemented GOM haddock AMs in light of the new MRIP information indicating that the recreational fishery did not exceed its sub-ACL for this stock.</P>
        <P>Given this new information, and after review of the public comments received on the interim final rule implementing the recreational AMs, NMFS is removing the 9-fish possession limit and the increased minimum fish size of 19 in (48.26 cm) total length for haddock caught in the GOM Regulated Mesh Area. As a result of this action, as before implementation of the recreational AMs, there is no possession limit and the minimum size for haddock is 18 in (45.72 cm) total length.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>
          <E T="03">Comments:</E>NMFS received comments from 12 individuals. Seven individuals did not support the changes in possession limit or minimum fish size implemented by the interim final rule; no individuals wrote in support of the measures. Ten individuals commented on the data relied upon to approve the interim final rule measures and question whether economic impacts were considered prior to implementing the interim final rule. There were also several comments unrelated to the AMs implemented through the interim final rule and are therefore not relevant to this action.</P>
        <P>
          <E T="03">Response:</E>In Amendment 16, the Council analyzed a series of potential AMs in the recreational fishery, such as possession limits and changes in the minimum fish size, including the measures implemented by the interim final rule. The economic impacts of potential AMs in the recreational fishery were analyzed in Sections 7.5.2.3.2.3 and 7.5.2.3.6.3 of the Amendment 16 FEIS. Until recently, MRFSS data was the best available scientific information to assess catch by recreational anglers and to determine whether or not an AM was needed to address an overage. However, MRIP data, which became available on January 23, 2012, after the recreation AMs were implemented on January 6, 2012, are the result of a less biased and more accurate method of counting and reporting recreational catch and effort than the previously used MRFSS data. Because MRIP data indicates that there was no overage in 2010, the AMs are no longer necessary. NMFS is removing the AMs through this final rule.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>The Acting Regional Administrator, Northeast Region, NMFS, determined that removing the management measures by this final rule is consistent with the Magnuson-Stevens Act and other applicable law.</P>
        <P>The Office of Management and Budget has determined that this rule is not significant for purposes of Executive Order 12866.</P>
        <P>A Regulatory Flexibility Act analysis was completed for Amendment 16 to the NE Multispecies FMP, which included the measures in place prior to the interim final rule and the measure implemented by the interim final rule. Removing the interim measures through this final rule does not require any additional RFA analysis.</P>
        <P>Pursuant to 5 U.S.C. 553(b)(3)(B), the Acting Assistant Administrator for Fisheries, NMFS, finds good cause to waive the requirements for prior notice and the opportunity for public comment for removing the AMs by this final rule because a delay in its effectiveness would be impracticable, unnecessary, and contrary to the public interest. The AMs implemented in the interim final rule were intended to address an overage of the FY 2010 GOM haddock sub-ACL by the recreational groundfish fishery. Because later data concluded that there was no overage, the AMs are no longer necessary. The recreational haddock fishing season begins in April, and removing the measures as early as possible will avoid unnecessary negative economic impacts to the charter/party vessel operators who derive income from the recreational haddock fishery.</P>

        <P>The Acting Assistant Administrator for Fisheries, NMFS, also finds good cause to waive the 30-day delayed effective requirement, pursuant to5 U.S.C. 553(d)(3). The possession limits and increased minimum fish size measures implemented in the interim final rule reduce potential landings and<PRTPAGE P="23635"/>devalue recreational trips. Removing these restrictions in a timely way will avoid these unnecessary adverse economic impacts. The recreational fishing season, particularly for charter/party vessels, begins in April of each year. NE multispecies charter/party operations advertise and try to book fishing trips prior to the start of their fishing season as part of their yearly business plans. Delaying the removal of the AMs by 30 days would complicate business plans currently being developed by charter/party operations, and prohibit them from effectively planning, advertising, and booking trips for the upcoming fishing season. Further, delays in removing the AMs for GOM haddock could result in business changes midway into the spring recreational fishing season, which could result in unanticipated negative economic impacts to charter/party vessel operators and associated supporting businesses due to confusion in applicable regulations, changes to advertisements, and potentially cancelled trips. Therefore, it is contrary to the public interest to unnecessarily delay the removal of the AMs, and good cause exists to waive the 30-day delayed effectiveness requirement.</P>
        <P>Finally, pursuant to 5 U.S.C. 553(d)(1), this rule is exempt from the 30-day delayed effectiveness requirement because it relieves restrictions. By removing the AMs originally implemented in the interim final rule, this rule will ease the burdens of the regulated community, and no legitimate reason exists to delay its effectiveness.</P>
        <P>This final rule does not contain policies with federalism or “takings” implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Samuel D. Rauch III,</NAME>
          <TITLE>Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9596 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 648</CFR>
        <DEPDOC>[Docket No. 110707371-2136-02]</DEPDOC>
        <RIN>RIN 0648-BB28</RIN>
        <SUBJECT>Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures; Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action corrects an omission in the regulatory text in the final rule for 2012 Specifications for the Atlantic Mackerel, Squid, and Butterfish fisheries.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective April 20, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Aja Szumylo, Fishery Policy Analyst, 978-281-9195.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>The final rule to implement 2012 specifications and management measures for the Atlantic mackerel and squid fisheries, and the interim final rule to implement 2012 butterfish fishery specifications was published in the<E T="04">Federal Register</E>on March 21, 2011 (77 FR 16472). This action established catch levels for the 2012 fishing year for mackerel and butterfish, established catch levels for the 2012-2014 fishing years for longfin squid and<E T="03">Illex</E>squid, and includes minor adjustments to management measures for the mackerel and longfin squid fisheries. Details regarding the measures in the 2012 specifications are in the final rule and are not repeated here.</P>
        <HD SOURCE="HD1">Need for Correction</HD>
        <P>One of the management measure adjustments for mackerel provides that the commercial mackerel fishery be closed when 95 percent of the commercial quota (domestic annual harvest or DAH) has been caught. While the final rule revised the regulatory text regarding closures of the commercial fishery at 50 CFR 648.24(b)(1) to reflect this adjustment, regulatory text at § 648.26 also includes references to the former closure threshold (90 percent) and was inadvertently not updated to reflect the change. This correction adjusts the regulatory text at § 648.26(a) to reflect the new 95-percent closure. If left uncorrected, the regulations at § 648.26(a) would not match the adjustment to the closure threshold implemented in the final rule at § 648.24(b)(1), and may be confusing to the public. This correction does not change the intent or application of the measures described in the proposed and final rule.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>The Assistant Administrator for Fisheries, NOAA (AA) finds good cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior notice and opportunity for public comment for this action because notice and comment would be unnecessary, impracticable, and contrary to the public interest. Notice and comment are unnecessary, impracticable, and contrary to the public interest because this action simply makes the text of the codified regulations consistent with the text in the final rule, and makes corrections to accurately reflect the intent of the final rule. This correction eliminates inconsistencies between the regulatory text contained in the final rule and the codified regulations, and therefore eliminates any confusion that the inconsistency might create for the public. No aspect of this action is controversial and no change in operating practices in the fishery is required from those intended in the final rule.</P>
        <P>For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds good cause to waive the 30-day delay in effective date. If this rule is not implemented by April 20, 2012, the public will have conflicting information regarding the closure threshold used to close the mackerel fishery once the quota has been attained, which will cause confusion and would be inconsistent with the final rule.</P>

        <P>Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601<E T="03">et seq.</E>are inapplicable.</P>
        <P>This final rule has been determined to be not significant for purposes of Executive Order 12866.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 50 CFR Part 648</HD>
          <P>Fisheries, Fishing, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <PRTPAGE P="23636"/>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Samuel D. Rauch III,</NAME>
          <TITLE>Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
        
        <P>For reasons set out in the preamble, 50 CFR part 648 is corrected by making the following correcting amendments:</P>
        <REGTEXT PART="648" TITLE="50">
          <PART>
            <HD SOURCE="HED">PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 648 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 1801<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="648" TITLE="50">
          <AMDPAR>2. In § 648.26, paragraphs (a)(1)(i) through (iii) are revised to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 648.26</SECTNO>
            <SUBJECT>Mackerel, squid, and butterfish possession restrictions.</SUBJECT>
            <P>(a)<E T="03">Atlantic mackerel.</E>(1) A vessel must be issued a valid limited access mackerel permit to fish for, possess, or land more than 20,000 lb (9.08 mt) of Atlantic mackerel from or in the EEZ per trip, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i).</P>
            <P>(i) A vessel issued a Tier 1 Limited Access Mackerel Permit is authorized to fish for, possess, or land Atlantic mackerel with no possession restriction in the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i).</P>
            <P>(ii) A vessel issued a Tier 2 Limited Access Mackerel Permit is authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of Atlantic mackerel in the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i).</P>
            <P>(iii) A vessel issued a Tier 3 Limited Access Mackerel Permit is authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of Atlantic mackerel in the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 90 percent of the Tier 3 allocation has been harvested, or 95 percent of the DAH has been harvested, as specified in § 648.22(b)(1)(i) and (ii).</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9601 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>77</NO>
  <DATE>Friday, April 20, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="23637"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0228; Directorate Identifier 2012-NE-09-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Pratt &amp; Whitney Division Turbofan Engines</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We propose to adopt a new airworthiness directive (AD) for certain Pratt &amp; Whitney Division PW4000-94” and PW4000-100” turbofan engines having a 1st stage high-pressure turbine (HPT) seal support, part number (P/N) 55K601 or P/N 50K532, installed. This proposed AD was prompted by 58 reports of cracked 1st stage HPT air seal rings, including 15 in-flight engine shutdowns. This proposed AD would require installation of a redesigned 1st stage HPT seal support that was introduced to the PW4000 engine fleet through service bulletins issued in the year 2000. We are proposing this AD to prevent failure of the 1st stage HPT air seal ring, which could lead to an internal oil fire, uncontained engine failure, and damage to the airplane.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this proposed AD by June 19, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>•<E T="03">Fax:</E>202-493-2251.</P>
          <P>•<E T="03">Mail:</E>U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
          <P>•<E T="03">Hand Delivery:</E>Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
          <P>For service information identified in this proposed AD, contact Pratt &amp; Whitney, 400 Main St., East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503. You may review copies of the referenced service information at the FAA, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.</P>
        </ADD>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>James Gray, Aerospace Engineer, Engine &amp; Propeller Directorate, FAA, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7742; fax: 781-238-7199; email:<E T="03">james.e.gray@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited</HD>

        <P>We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include “Docket No. FAA-2012-0228; Directorate Identifier 2012-NE-09-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.</P>
        <P>We will post all comments we receive, without change, to<E T="03">http://www.regulations.gov,</E>including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>We received 58 reports of cracked 1st stage HPT air seal rings, including 15 in-flight engine shutdowns, in certain PW4000-94” and PW4000-100” turbofan engines. Pratt &amp; Whitney's investigation has revealed that vibratory excitation causes the 1st stage HPT air seal ring to crack when a 1st stage HPT seal support, P/N 55K601 or P/N 50K532, is installed. Installing the redesigned 1st stage HPT seal support, P/N 50K153, that was introduced to the PW4000 engine fleet for another reason through service bulletins issued in the year 2000 also prevents cracking of the 1st stage HPT air seal ring. Cracking of the 1st stage HPT air seal ring, if not corrected, could result in failure of the 1st stage HPT air seal ring, which could lead to an internal oil fire, uncontained engine failure, and damage to the airplane.</P>
        <HD SOURCE="HD1">Relevant Service Information</HD>
        <P>We reviewed Pratt &amp; Whitney Service Bulletin (SB) No. PW4ENG 72-721, Revision 2, dated November 30, 2011, and SB No. PW4G-100-72-166, Revision 2, dated December 2, 2011. The service information describes procedures for replacing the 1st stage HPT seal support, P/N 55K601, or P/N 50K532, with a redesigned 1st stage HPT seal support, P/N 50K153.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.</P>
        <HD SOURCE="HD1">Proposed AD Requirements</HD>
        <P>This proposed AD would require accomplishing the actions specified in the service information described previously. This proposed AD would also require fluorescent-penetrant-inspection or eddy current-inspection of the 1st stage HPT air seal ring for cracks, and replacing it if found cracked.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>

        <P>We estimate that this proposed AD would affect 446 Pratt &amp; Whitney Division PW4000-94″ and PW4000-100″ turbofan engines installed on airplanes of U.S. registry. We also estimate that it would take about 3 work-hours to perform the actions<PRTPAGE P="23638"/>required by this AD. The average labor rate is $85 per work-hour. Required parts would cost about $45,723 per engine. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $20,506,188.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
        <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify this proposed regulation:</E>
        </P>
        <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
        <P>(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),</P>
        <P>(3) Will not affect intrastate aviation in Alaska, and</P>
        <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          <P>1. The authority citation for part 39 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Pratt &amp; Whitney Division:</E>Docket No. FAA-2012-0228; Directorate Identifier 2012-NE-09-AD.</FP>
              <HD SOURCE="HD1">(a) Comments Due Date</HD>
              <P>We must receive comments by June 19, 2012.</P>
              <HD SOURCE="HD1">(b) Affected ADs</HD>
              <P>None.</P>
              <HD SOURCE="HD1">(c) Applicability</HD>
              <P>This AD applies to the following Pratt &amp; Whitney Division turbofan engines:</P>
              <P>(1) PW4000-94″ engine models PW4050, PW4052, PW4056, PW4152, PW4156, PW4650, PW4060, PW4060A, PW4060C, PW4062, PW4062A, PW4156A, PW4158, PW4160, PW4460, and PW4462, including models with any dash-number suffix, with a 1st stage high-pressure turbine (HPT) seal support part number (P/N) 55K601 or P/N 50K532, installed.</P>
              <P>(2) PW4000-100″ engine models PW4164, PW4164C, PW4164C/B, PW4168, and PW4168A with a 1st stage HPT seal support P/N 55K601 or P/N 50K532, installed.</P>
              <HD SOURCE="HD1">(d) Unsafe Condition</HD>
              <P>This AD was prompted by 58 reports of cracked 1st stage HPT air seal rings, including 15 in-flight engine shutdowns. We are issuing this AD to prevent failure of the 1st stage HPT air seal ring, which could lead to an internal oil fire, uncontained engine failure, and damage to the airplane.</P>
              <HD SOURCE="HD1">(e) Compliance</HD>
              <P>Comply with this AD the next time that the engine is separated at the M-flange and the HPT module is removed from the engine.</P>
              <P>(1) Remove the 1st stage HPT seal support, P/N 55K601 or P/N 50K532, from service and replace it with a 1st stage HPT seal support, P/N 50K153.</P>
              <P>(2) Remove the 1st stage HPT air seal ring from the engine and fluorescent-penetrant-inspect, or eddy current-inspect, it for cracks. If found cracked, remove the 1st stage HPT air seal ring from service.</P>
              <HD SOURCE="HD1">(f) Alternative Methods of Compliance (AMOCs)</HD>
              <P>The Manager, Engine Certification Office, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.</P>
              <HD SOURCE="HD1">(g) Related Information</HD>

              <P>(1) For more information about this AD, contact James Gray, Aerospace Engineer, Engine &amp; Propeller Directorate, FAA, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7742; fax: 781-238-7199; email:<E T="03">james.e.gray@faa.gov.</E>
              </P>
              <P>(2) Pratt &amp; Whitney Service Bulletin (SB) No. PW4ENG 72-721, Revision 2, dated November 30, 2011, and SB No. PW4G-100-72-166, Revision 2, dated December 2, 2011, pertain to the subject of this AD.</P>
              <P>(3) For service information identified in this AD, contact Pratt &amp; Whitney, 400 Main St., East Hartford, CT 06108; phone: 860-565-8770; fax: 860-565-4503.</P>
              <P>(4) You may review copies of the service information at the FAA, New England Region, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.</P>
            </EXTRACT>
            
          </SECTION>
          <SIG>
            <DATED>Issued in Burlington, Massachusetts, on April 16, 2012.</DATED>
            <NAME>Peter A. White,</NAME>
            <TITLE>Manager, Engine &amp; Propeller Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9545 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0415; Directorate Identifier 2008-SW-065-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Bell Helicopter Textron, Incorporated Helicopters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>We propose to supersede an existing airworthiness directive (AD) for Bell Helicopter Textron, Inc. (BHTI) Model 204B, 205A, 205A-1, 205B, and 212 helicopters. The existing AD currently requires conducting various inspections associated with the main rotor grip (grip). If a crack is found, that AD requires replacing the grip before further flight. If delamination of the buffer pad on the grip tang inner surface is found, that AD requires inspecting the grip surface for corrosion or other damage and repairing or replacing the grip if corrosion or other damage is found. That AD also requires determining and recording the hours time-in-service (TIS) and the engine start/stop cycles for each grip on a component history card or equivalent record. Additionally, that AD requires you to report certain inspection results to the FAA. Since we issued that AD, additional cracks in grips have been found. Analysis of these events has shown that a retirement life is needed for certain grips, and the AD<PRTPAGE P="23639"/>applicability needs to be expanded to include additional grips similar in design, as well as to include the Model 210 helicopter, which was issued an FAA type certificate after the existing AD was issued. The proposed actions are intended to prevent failure of a grip, separation of a main rotor blade, and subsequent loss of control of the helicopter.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this proposed AD by June 19, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Docket:</E>Go to<E T="03">http://www.regulations.gov.</E>Follow the online instructions for sending your comments electronically.</P>
          <P>•<E T="03">Fax:</E>202-493-2251.</P>
          <P>•<E T="03">Mail:</E>Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.</P>
          <P>•<E T="03">Hand Delivery:</E>Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
          <P>
            <E T="03">Examining the AD Docket:</E>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>

          <P>For service information identified in this proposed AD, contact BHTI, P.O. Box 482, Fort Worth, TX 76101, telephone (817) 280-3391, fax (817) 280-6466, or at<E T="03">http://www.bellcustomer.com/files/.</E>You may review copies of service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Michael Kohner, Aviation Safety Engineer, Rotorcraft Certification Office, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5170, fax (817) 222-5783, email<E T="03">mike.kohner@faa.gov</E>or<E T="03">7-avs-asw-170@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited</HD>
        <P>We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.</P>
        <P>We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On December 31, 2002, we issued AD 2003-01-04, Amendment 39-13015 (68 FR 1955, January 15, 2003), for the BHTI Model 204B, 205A, 205A-1, 205B, and 212 helicopters. That AD requires the following actions:</P>
        <P>• Within 10 hours TIS, determining and recording the hours TIS and the engine start/stop cycles for each grip on a component history card or equivalent record. On the single-engine model helicopters, one “engine start/stop cycle” occurs when the engine is started. On the Model 212 helicopter, one “engine start/stop cycle” occurs when either one or both engines are started. The intent is to add one “engine start/stop cycle” each time helicopter power starts the main rotor system turning.</P>
        <P>• Within 10 hours TIS and thereafter at intervals not to exceed 25 hours TIS, visually inspecting the exposed surfaces of the upper and lower tangs of each grip for a crack, using a 10-power or higher magnifying glass.</P>
        <P>• At specified intervals, depending on the hours TIS or the engine start/stop cycles, whichever occurs first, conducting initial and repetitive ultrasonic (UT) inspections of each grip in accordance with the Nondestructive Inspection Procedure, Log No. 00-340, Revision E, dated April 9, 2002.</P>
        <P>• At intervals not to exceed 1,200 hours TIS or 24 months, whichever occurs first, inspecting each buffer pad on the tang inner surfaces for delamination and removing the buffer pad and inspecting the grip surface for corrosion and other damage if delamination is found.</P>
        <P>• Within 2,400 hours TIS or at the next overhaul of the main rotor hub, whichever occurs first, and thereafter at intervals not to exceed 2,400 hours TIS, inspecting the surface of each affected grip for corrosion or other damage and conducting a fluorescent-penetrant inspection (FPI) of the grip for a crack.</P>
        <P>• Before further flight, replacing any grip that has a crack, corrosion, or other damage with an airworthy grip, or repairing a grip with corrosion or other damage if the corrosion or other damage is within certain limits.</P>
        <P>• Reporting certain inspection results and information to the FAA in accordance with Appendix 1 of the AD.</P>
        <P>AD 2003-01-04 was prompted by three in-flight grip failures and two cracked grips discovered during a 1,200-hour TIS inspection and on a scheduled 2,400-hour TIS overhaul, which brought the total to 13 grips that had cracked in the lower tang. No anomalies or damage to the blade, blade bolt bore, or buffer pad tang surface were found in the two cracked grips found during the inspection and overhaul. Cracking on all of the grips has been attributed to mechanical damage from improper blade bolt bushing installation, improper rework of the buffer pad tang surface, or subsurface fatigue damage. All of the fatigue cracks occurred on grip part numbers (P/N) 204-011-121-009 and -121, installed on BHTI Model 212 helicopters. Grip P/Ns 204-011-121-005, -113, and -117, installed on BHTI Model 204B, 205A, 205A-1, and 205B helicopters, were also included because the grips are very similar in design and are subjected to the same forces and loads as the grips installed on BHTI Model 212 helicopters. We issued that AD to prevent failure of a grip, separation of a main rotor blade, and subsequent loss of control of the helicopter.</P>
        <HD SOURCE="HD1">Actions Since Existing AD Was Issued</HD>

        <P>Since issuing the existing AD, small cracks in three grips, initiating in the blade bolt bore, have been detected during UT inspections. Additionally, one crack in another grip was discovered visually, another crack was found after an in-flight vibration developed, and one grip fractured during flight. This brings the total to 19 grips that have cracked in the lower tang. Based on these additional discoveries of cracked grips and subsequent analyses performed by the manufacturer, we have determined the following:<PRTPAGE P="23640"/>
        </P>
        <P>• The applicability of the AD needs to be expanded to include replacement grip P/N ASI-4011-121-9, produced under a part manufacturing approval (PMA) issued by the FAA, because the design approval for this grip was based on its design being identical to the original BHTI-manufactured grip, P/N 204-011-121-009;</P>
        <P>• The applicability of the AD needs to be expanded to include any Model 204B, 205A, 205A-1, and 212 helicopters with grip P/N 204-011-121-009, -121, or ASI-4011-121-9 installed;</P>
        <P>• The applicability of the AD needs to be expanded to include the Model 210 helicopter, which has a grip P/N 204-011-121-009 and -121, installed. This model was not included in AD 2003-01-04 because the FAA issued the BHTI Model 210 type certificate after AD 2003-01-04 was issued;</P>
        <P>• A retirement life is needed for grip P/Ns 204-011-121-009, 204-011-121-121, and ASI-4011-121-9. These grips, installed on Model 205B, 210, and 212 helicopters, are currently unlimited in service life and are only required to be replaced when damaged or corroded beyond repair. Early failures of these grips, which have not been attributed to mechanical damage, have indicated a need to establish retirement lives to avoid possible cracking in the future;</P>
        <P>• The procedure for calculating the total hours TIS for any grip where the hours TIS cannot be determined from the helicopter records should be modified to more accurately account for the actual usage of the fleet and clarify the intent of the AD; and</P>
        <P>• The reporting of inspection findings to the FAA is no longer needed.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other helicopters of these same type designs.</P>
        <HD SOURCE="HD1">Related Service Information</HD>
        <P>We reviewed the following BHTI service information:</P>
        <P>• Operations Safety Notices 204-85-6, 205-85-9, and 212-85-13, all dated November 14, 1985, which describe a grip with a crack in the lower tang that was returned by an operator;</P>
        <P>• Alert Service Bulletin (ASB) No. 212-94-92, Revision A, dated March 13, 1995, which describes procedures for inspection and overhaul requirements of certain grips;</P>
        <P>• ASB No. 204-02-58, dated November 26, 2002; ASB No. 205-02-88, dated November 26, 2002; and ASB No. 210-08-02, dated September 10, 2008. These ASBs specify a UT inspection of certain grips;</P>
        <P>• ASB No. 205B-02-39, Revision B, dated November 22, 2002 and ASB No. 212-02-116, Revision A, dated October 30, 2002, which specify a UT inspection of certain grips and include the Nondestructive Inspection Procedure, Log No. 00-340, Revision E, dated April 9, 2002; and</P>
        <P>• Information Letter 204-08-23, 205-08-38, 205B-08-21, and 212-08-62, Revision A, dated July 23, 2008 (one letter issued with 4 identification numbers), which describes a new, improved replacement grip, P/N 204-011-121-125, that would not require the repetitive UT inspections and would have a retirement life of 25,000 hours TIS or a 500,000 Retirement Index Number (RIN), whichever comes first.</P>
        <HD SOURCE="HD1">Proposed AD Requirements</HD>
        <P>This proposed AD would retain certain requirements of AD 2003-01-04, and would require additional actions. The proposed requirements are as follows:</P>
        <P>• Within 10 hours TIS, determining and recording the hours TIS and the engine start/stop cycles for each grip on a component history card or equivalent record. For each month that the hours TIS cannot be determined, this proposed AD would assume 50 hours TIS.</P>
        <P>• Within 10 hours TIS and thereafter at intervals not to exceed 25 hours TIS, visually inspecting the exposed surfaces of the upper and lower tangs of each grip for a crack, using a 10-power or higher magnifying glass.</P>
        <P>• At specified intervals, depending on the hours TIS or the engine start/stop cycles, whichever occurs first, conducting initial and repetitive UT inspections of each grip, in accordance with the Nondestructive Inspection Procedure, Log No. 00-340, Revision E, dated April 9, 2002.</P>
        <P>• At intervals not to exceed 1,200 hours TIS or 24 months, whichever occurs first, inspecting each buffer pad on the tang inner surfaces for delamination, and removing the buffer pad and inspecting the grip surface for corrosion and other damage if delamination is found.</P>
        <P>• Within 2,400 hours TIS or at the next overhaul of the main rotor hub, whichever occurs first, and thereafter at intervals not to exceed 2,400 hours TIS, inspecting the surface of each affected grip for corrosion or other damage and conducting an FPI of the grip for a crack.</P>
        <P>• Before further flight, replacing any grip that has a crack, corrosion, or other damage with an airworthy grip, or repairing a grip with corrosion or other damage if the corrosion or other damage is within certain limits.</P>
        <P>• Before further flight, removing any grip, P/N 204-011-121-009 or ASI-4011-121-9, that has 15,000 or more hours TIS;</P>
        <P>• Before further flight, removing any grip, P/N 204-011-121-121, that has 25,000 or more hours TIS;</P>
        <P>• Revising the Airworthiness Limitations sections of the applicable maintenance manuals or the Instructions for Continued Airworthiness by establishing a new retirement life of 15,000 hours TIS for grip, P/N 204-011-121-009 or ASI-4011-121-9, and 25,000 hours TIS for grip, P/N 204-011-121-121; and</P>
        <P>• Recording the applicable hours TIS life limits for grips, P/N 204-011-121-009, ASI-4011-121-9, and 204-011-121 on the applicable component history card or equivalent record.</P>
        <HD SOURCE="HD1">Differences Between the Proposed AD and the Service Information</HD>
        <P>This proposed AD requires life limits for grips, P/N 204-011-121-009, 204-011-121-121, and ASI-4011-121-9. The manufacturer's service bulletins do not specify a service life for these grips. Also, this proposed AD applies to grip P/N ASI-4011-121-9, which is produced under a parts manufacturing approval, and the manufacturer's service bulletins do not address this particular grip.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this proposed AD would affect 700 helicopters of U.S. registry, and it would take approximately 7 work hours to create and maintain the records, 6.25 work hours to conduct the inspections, and 20 work hours to replace a set of grips at an average labor rate of $85 per work hour. Required parts would cost approximately $56,385 for a replacement set of grips. Based on these figures, we estimate the total cost impact of the proposed AD on U.S. operators to be $6,596,875 for the entire fleet, assuming the grip set (2 grips) must be replaced on 100 helicopters.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.</P>

        <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701:<PRTPAGE P="23641"/>General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed, I certify this proposed regulation:</E>
        </P>
        <P>1. Is not a “significant regulatory action” under Executive Order 12866;</P>
        <P>2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and</P>
        <P>4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          <P>1. The authority citation for part 39 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. The FAA amends § 39.13 by removing Amendment 39-13015 (68 FR 1955, January 15, 2003), and adding the following new airworthiness directive (AD):</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Bell Helicopter Textron, Inc. (BHTI):</E>Docket No. FAA-2012-0415; Directorate Identifier 2008-SW-065-AD.</FP>
              <HD SOURCE="HD1">(a) Applicability</HD>
              <P>This AD applies to the following model helicopters with the listed part-numbered main rotor grips installed, certificated in any category:</P>
              <GPOTABLE CDEF="xs190,r100" COLS="02" OPTS="L2,i1">
                <TTITLE>Table 1—Helicopter Model and Main Rotor Grip (Grip) Part Numbers Affected</TTITLE>
                <BOXHD>
                  <CHED H="1">Model</CHED>
                  <CHED H="1">With the following grip part number (P/N)</CHED>
                </BOXHD>
                <ROW>
                  <ENT I="01">204B</ENT>
                  <ENT>204-011-121-005 if the grip was ever installed on a Model 205B helicopter.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">204B, 205A, and 205A-1</ENT>
                  <ENT>204-011-121-009, -117, -121 or ASI-4011-121-9.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">205A and 205A-1</ENT>
                  <ENT>204-011-121-005 or -113 if the grip was ever installed on a Model 205B helicopter.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">205B</ENT>
                  <ENT>204-011-121-005, -009, -113, -117, or -121.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">210</ENT>
                  <ENT>204-011-121-009 or -121.</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">212</ENT>
                  <ENT>204-011-121-009, -121, or ASI-4011-121-9.</ENT>
                </ROW>
              </GPOTABLE>
              <HD SOURCE="HD1">(b) Unsafe Condition</HD>
              <P>This AD defines the unsafe condition as a crack in the main rotor grip (grip), which could result in failure of a grip, separation of a main rotor blade, and subsequent loss of control of the helicopter.</P>
              <HD SOURCE="HD1">(c) Other Affected ADs</HD>
              <P>This AD supersedes AD 2003-01-04, Amendment 39-13015 (68 FR 1955, January 15, 2003).</P>
              <HD SOURCE="HD1">(d) Compliance</HD>
              <P>You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.</P>
              <HD SOURCE="HD1">(e) Required Actions</HD>
              <P>(1) Within 10 hours time-in-service (TIS), create a component history card or equivalent record and determine and record the total hours TIS for each grip. If the total hours TIS cannot be determined from the helicopter records, assume and record 50 hours TIS for each month for which the hours cannot be determined. Continue to count and record the hours TIS and begin to count and record the number of times the helicopter engine(s) are started (engine start/stop cycles).</P>
              <P>(2) Within 10 hours TIS, and thereafter at intervals not to exceed 25 hours TIS, without removing the main rotor blades:</P>
              <P>(i) Clean the exposed surfaces of the upper and lower tangs of each grip with denatured alcohol, and wipe dry.</P>
              <P>(ii) Using a 10-power or higher magnifying glass, visually inspect the exposed surfaces of the upper and lower tangs of each grip for a crack. Pay particular attention to the lower surface of each lower grip tang from the main rotor blade bolt-bushing flange to the leading and trailing edge of each grip tang. See Figure 1 of this AD.</P>
              <GPH DEEP="480" SPAN="3">
                <PRTPAGE P="23642"/>
                <GID>EP20AP12.001</GID>
              </GPH>
              <GPOTABLE CDEF="s50,15,15,15" COLS="04" OPTS="L2,i1">
                <TTITLE>Table 2—Ultrasonic Inspection Intervals</TTITLE>
                <BOXHD>
                  <CHED H="1">UT inspect grip, P/N:</CHED>
                  <CHED H="1">Within 30 days, or the following hours TIS for the grip, whichever occurs later:</CHED>
                  <CHED H="1">Thereafter, at intervals not to exceed the following hours TIS or engine start/stop cycles, whichever occurs first:</CHED>
                  <CHED H="2">Hours TIS</CHED>
                  <CHED H="2">Engine start/stop cycles</CHED>
                </BOXHD>
                <ROW>
                  <ENT I="01">204-011-121-009 or ASI-4011-121-9</ENT>
                  <ENT>4,000</ENT>
                  <ENT>400</ENT>
                  <ENT>1,600</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">204-011-121-121</ENT>
                  <ENT>500</ENT>
                  <ENT>150</ENT>
                  <ENT>600</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">204-011-121-005 or -113, if the grip was EVER installed on a Model 205B helicopter</ENT>
                  <ENT>4,000</ENT>
                  <ENT>400</ENT>
                  <ENT>1,600</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">204-011-121-117, if the grip was NEVER installed on a Model 205B helicopter</ENT>
                  <ENT>4,000</ENT>
                  <ENT>150</ENT>
                  <ENT>600</ENT>
                </ROW>
                <ROW>
                  <ENT I="01">204-011-121-117, if the grip was EVER installed on a Model 205B helicopter</ENT>
                  <ENT>500</ENT>
                  <ENT>150</ENT>
                  <ENT>600</ENT>
                </ROW>
              </GPOTABLE>
              <P>The UT inspection of the grip must be performed by a Non-Destructive Testing (NDT) UT Level I Special, Level II, or Level III inspector who is qualified under the guidelines established by MIL-STD-410E, ATA Specification 105, AIA-NAS-410, or an FAA-accepted equivalent for qualification standards of NDT Inspection/Evaluation Personnel.</P>
              <NOTE>
                <PRTPAGE P="23643"/>
                <HD SOURCE="HED">Note 1:</HD>
                <P>You can find the Nondestructive Inspection Procedure attached to BHTI Alert Service Bulletin (ASB) No. 205B-02-39, Revision B, dated November 22, 2002, or BHTI ASB No. 212 02-116, Revision A, dated October 30, 2002.</P>
              </NOTE>
              <P>(4) At intervals not to exceed 1,200 hours TIS or 24 months, whichever occurs first:</P>
              <P>(i) Remove each main rotor blade, and</P>
              <P>(ii) Inspect each grip buffer pad on the inner surfaces of each grip tang for delamination (see Figure 1 of this AD). If there is any delamination, remove the buffer pad and inspect the grip surface for corrosion or other damage.</P>
              <NOTE>
                <HD SOURCE="HED">Note 2:</HD>
                <P>This inspection interval coincides with the main rotor tension-torsion strap replacement times.</P>
              </NOTE>
              <P>(5) Within 2,400 hours TIS, or at the next overhaul of the main rotor hub, whichever occurs first, and thereafter at intervals not to exceed 2,400 hours TIS:</P>
              <P>(i) Remove each main rotor blade.</P>
              <P>(ii) Remove each grip buffer pad (if installed) from the inner surfaces of each grip tang.</P>
              <P>(iii) Visually inspect the grip tang surfaces for corrosion or other damage.</P>
              <P>(iv) Fluorescent-penetrant inspect (FPI) the grip for a crack, paying particular attention to the upper and lower grip tangs. When inspecting any grip, P/N 204-011-121-005, -009, -113, or ASI-4011-121-9, pay particular attention to the leading and trailing edges of the grip barrel.</P>
              <NOTE>
                <HD SOURCE="HED">Note 3:</HD>
                <P>FPI procedures are contained in BHTI Standard Practices Manual, BHT-ALL-SPM.</P>
              </NOTE>
              <P>(6) Before further flight:</P>
              <P>(i) Replace any cracked grip with an airworthy grip.</P>
              <P>(ii) Replace any grip with any corrosion or other damage with an airworthy grip, or repair the grip if the corrosion or other damage is within the maximum repair damage limitations found in the applicable Component and Repair Overhaul Manual.</P>
              <P>(iii) Replace any grip, P/N 204-011-121-009 or ASI-4011-121-9, which has been in service for 15,000 or more hours TIS.</P>
              <P>(iv) Replace any grip, P/N 204-011-121-121, which has been in service for 25,000 or more hours TIS.</P>
              <P>(7) Revise the Airworthiness Limitations sections of the applicable maintenance manuals or the Instructions for Continued Airworthiness (ICAs) by establishing a new retirement life of 15,000 hours TIS for grip P/N 204-011-121-009 or ASI-4011-121-9, and 25,000 hours TIS for grip P/N 204-011-121-121, by making pen and ink changes or inserting a copy of this AD into the applicable maintenance manual or ICAs.</P>
              <P>(8) Record a 15,000 hours TIS life limit for each grip P/N 204-011-121-009 or ASI-4011-121-9, and a 25,000 hours TIS life limit for each grip P/N 204-011-121-121, on the applicable component history card or equivalent record.</P>
              <HD SOURCE="HD1">(f) Alternative Methods of Compliance (AMOCs)</HD>

              <P>(1) The Manager, Rotorcraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Michael Kohner, Aviation Safety Engineer, Rotorcraft Certification Office, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5170, fax (817) 222-5783, email<E T="03">mike.kohner@faa.gov</E>or<E T="03">7-avs-asw-170@faa.gov</E>.</P>
              <P>(2) For operations conducted under a Part 119 operating certificate or under Part 91, Subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.</P>
              <HD SOURCE="HD1">(g) Additional Information</HD>
              <P>(1) BHTI ASB No. 212-94-92, Revision A, dated March 13, 1995; BHTI ASB No. 212-02-116, Revision A, dated October 30, 2002; BHTI 205B-02-39, Revision B, dated November 22, 2002; BHTI ASB No. 204-02-58 and ASB No. 205-02-88, both dated November 26, 2002; BHTI ASB No. 210-08-02, dated September 10, 2008; BHTI Operations Safety Notice 204-85-6, 205-85-9, and 212-85-13, all dated November 14, 1985; and BHTI Information Letter, 204-08-23, 205-08-38, 205B-08-21, and 212-08-62, Revision A, dated July 23, 2008; none of which are incorporated by reference, contain additional information about the subject of this AD.</P>

              <P>(2) For service information identified in this AD, contact BHTI, P.O. Box 482, Fort Worth, TX 76101, telephone (817) 280-3391, fax (817) 280-6466, or at<E T="03">http://www.bellcustomer.com/files/</E>. You may review copies of this information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>
              <HD SOURCE="HD1">(h) Subject</HD>
              <P>Joint Aircraft Service Component (JASC) Code: 6220: Main Rotor Head.</P>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Fort Worth, Texas, on April 11, 2012.</DATED>
            <NAME>Lance T. Gant,</NAME>
            <TITLE>Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9569 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
        <CFR>39 CFR Part 111</CFR>
        <SUBJECT>Advance Notice of Implementation of Full-Service Intelligent Mail Required for Automation Prices</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Postal Service.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Advance notice of proposed rulemaking; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Postal Service is planning to move to the Full-Service Intelligent Mail® option to access automation prices for letters, postcards and flats, effective January 2014. The “Full-Service” Intelligent Mail program requires use of unique Intelligent Mail barcodes (IMb<SU>TM</SU>) applied to letter, postcard and flat mailpieces, trays, sacks, and containers, such as pallets, and submission of electronic mailing documentation. This plan includes the transition to the use of eDocumentation, along with additional information to support the By/For relationships, and replacement of the 10/24 transition tray label with the full use of the 24-digit tray label Intelligent Mail barcode format.</P>
          <P>This<E T="04">Federal Register</E>document provides advance information to help mailers prepare and plan for the transition to Full-Service and asks for information about the possible challenges mailers perceive to moving to Full-Service, the operational changes they will have to make, the costs and benefits of those changes, and steps the Postal Service could take to assist mailers in moving to Full-Service. The USPS<SU>TM</SU>looks forward to mailer feedback on all aspects of this plan. In addition, the USPS strongly encourages current Full-Service users to provide feedback about the benefits and value-added they have experienced by converting to Full-Service.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on this advance notice of proposed rulemaking are due June 4, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Mail or deliver written comments to the Manager, Product Classification, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 4446, Washington, DC 20260-5015. Comments and questions can also be emailed to<E T="03">mailingstandards@usps.gov</E>using the subject line “Full-Service January 2014.”</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <FP SOURCE="FP-1">Ana Cikowski; email:<E T="03">ana.cikowski@usps.gov;</E>phone: 202-268-8079.</FP>
          <FP SOURCE="FP-1">Himesh Patel; email:<E T="03">himesh.a.patel@usps.gov;</E>phone: 703-280-7498.</FP>
          <FP SOURCE="FP-1">William Chatfield; email:<E T="03">william.a.chatfield@usps.gov;</E>phone: 202-268-7278.</FP>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>In January 2009, USPS offered the mailing industry two Intelligent Mail barcode (IMb<SU>TM</SU>) options for automation discounts. The options included the “Full-Service” option, requiring unique IMbs, and the “basic” IMb option, which does not require unique barcodes. Currently, a large number of mailers are using the Full-Service and basic IMb options and enjoy the additional benefits and value of using these options.</P>

        <P>As part of the transformation of data visibility and continued evolution of<PRTPAGE P="23644"/>technological innovations, the Postal Service is planning to move to the Full-Service Intelligent Mail option to qualify for any automation letter, postcard, and flat prices, effective January 2014. Full-Service Intelligent Mail combines use of unique scan codes with the provision of electronic information on mail makeup and preparation to enable a variety of high-value services and efficient mail processing, and to establish a stronger partnership between mailers and the Postal Service. The vision is to create 100 percent visibility into the mail stream by 2014. This vision means that customers will know in real time where their mail or packages are in the postal network and precisely when they are delivered. Use of the IMb, especially Full-Service, allows the mailing industry to use information and technology to build value in the mail.</P>
        <P>Even though the use of basic IMb is a good first step to create visibility in the mail stream, it does not require unique barcodes. Uniqueness of the IMb barcode provides customized information which is a major benefit to customers who can then use this information to create successful marketing campaigns. Thus, the movement to Full-Service is fundamental to the 100% visibility strategy and a major step into the future of the technology evolution.</P>

        <P>The plan is that effective with the proposed starting date of January 2014 only Full-Service mail pieces would be eligible for automation pricing. Also, as published in a separate<E T="04">Federal Register</E>proposed rule, letters and flats with POSTNET<SU>TM</SU>barcodes would no longer be eligible for automation prices as of January 2013 (See<E T="03">http://www.gpo.gov/fdsys/pkg/FR-2012-03-02/html/2012-5050.htm</E>).</P>
        <P>There are secondary benefits to using Full-Service. Barcode uniqueness also enables preciseness of measurement of the amount of time between operations in the postal system and opens the door to the next level of achievement in processing efficiency and service performance. Full-Service Intelligent Mail offers a sound foundation for continued improvements in providing robust service for commercial mailers.</P>
        <P>Full-Service Intelligent Mail offers a number of advantages to mailers and the Postal Service. These advantages are tied directly to the Full-Service requirements. For mailers, these advantages include:</P>
        <P>• Unique barcodes enable the Postal Service to provide mailers with comprehensive information on the status of mailings as they progress through the postal system.</P>
        <P>• “Nesting” information provided by the mailer enables the tracking of the individual pieces and trays based on scans performed on larger containers.</P>
        <P>• Visibility allows mailers to more effectively respond to customer inquiries on the status of valuable bills, statements, catalogs, and publications.</P>
        <P>• Full service mailings receive access to free address change information and tracking information from mail entry to final destination.</P>
        <P>• Waiver of annual mailing fee for permits where all postage statements contain 90% or more Full-Service pieces.</P>
        <P>• eDocumentation combined with Full Service unique barcodes will provide access to Seamless Acceptance and eInduction. Both will be paperless processes:</P>
        
        <FP SOURCE="FP-1">—Seamless acceptance will be an automated verification process based on comparing electronic documentation with scans of Intelligent Mail barcodes collected in postal operations and through the use of handheld scanning technology at points of induction. Data captured through scanning will be compared to mailer submitted electronic documentation and reports of overall mail quality will be trended over a period of time. Participation in seamless acceptance will allow mailers additional production cycle time prior to entering their mailings.</FP>
        <FP SOURCE="FP-1">—eInduction will leverage scanning technologies to simplify the induction process for mailer transported mailings. eInduction will allow containers with IM container barcodes and appropriate electronic documentation to be offloaded and inducted straight into postal operations without the use of hard copy PS Forms 8125 or 8017.</FP>
        

        <P>• Full-Service also provides the “Mail Anywhere” model which allows for the use of a single permit at any<E T="03">PostalOne!</E>site for mailings containing 90% or more Full-Service pieces (applies to First-Class, Standard, and Bound Printed Matter).</P>
        <P>Many mailers find the visibility information provided by Full-Service mail useful in planning their own operations, in assessing the success of advertising campaigns, and in improving their own customer interaction. Knowledge of where a mailpiece is located in the postal network and when that piece should be delivered can prove useful in communicating with customers.</P>
        <P>
          <E T="03">Advantages for the Postal Service include:</E>
        </P>
        <P>• Visibility into the flow of mail through the postal network, enabling enhanced diagnostics of service performance.</P>
        <P>• Scan information on containers, trays and pieces allows us to measure the number of hours and minutes between operations. This data has been used to identify operational bottlenecks and that has enabled us to significantly improve service for commercial First-Class Mail, Standard Mail, and Periodicals.</P>
        <P>• The ability to provide real-time alerts to operations enabling them to respond and avoid possible service failures.</P>
        <P>• Advance notification of volumes and makeup of commercial mail, enabling improved resource planning.</P>
        <P>• Accurate tracking of mail volumes as they move through the postal network, again enabling improved management of operations and resource planning.</P>
        <P>• Simplified mail acceptance processes.</P>
        <P>• The ability to measure service performance for each Full-Service mailer.</P>
        <P>Mailer use of Full-Service Intelligent Mail is a key part of the Postal Service's ongoing strategy for providing cost-effective and service-responsive mailing services. Efficient use of postal resources can be achieved with advance information on content and makeup of the mail that is flowing through the postal network. Postal sorting equipment captures volume and destination information on mail as it is sorted. The Postal Service has built and is refining systems that make information available to downstream facilities and operations so that it can be used for operational planning. This planning data offers significant opportunities for improved efficiency and service performance. However, these benefits cannot be fully captured when a significant proportion of mail (that prepared and entered by large-volume commercial mailers and mail preparers) does not provide similar information. The information on the content and makeup of mail that is provided by mailers who participate in Full-Service Intelligent Mail meets this information need.</P>

        <P>Full-Service Intelligent Mail also enables simplification of current mail acceptance procedures. Under seamless acceptance, which is possible only with the data and unique identifiers of Full-Service mailings (pieces nesting in trays and trays inside containers), business mail acceptance procedures will be scaled down, with automation mailings verified during mail processing operations.<PRTPAGE P="23645"/>
        </P>
        <P>The Postal Service has worked closely with mailers, software providers, and mail service providers to simplify, refine and evolve our Full-Service offerings over the past four years since Full-Service requirements were introduced. Thousands of mailers, software providers and mail service providers have demonstrated their ability to meet the requirements for Full-Service Intelligent Mail. The Postal Service continues to develop new tools, and to enhance and simplify existing tools, to make it easier for mailers to prepare and submit Full-Service mailings.</P>
        <P>In support of the POSTNET discontinuation and Full-Service requirement, and to assist mailers transitioning to the Intelligent Mail barcode, the USPS is announcing two online self-service tools: The Automated Business Reply Mail (ABRM) tool and the Intelligent Mail Small Business (IMsb) tool. These tools allow mailers to print an Intelligent Mail barcode on reply mailpieces and outgoing mailings, respectively.</P>
        <P>The Postal Service recognizes that there are costs to converting to Full-Service Intelligent Mail. To help the industry offset those costs, we are investigating further increasing the incentive for Full-Service mail users.</P>
        <P>We are interested in gaining insight into the challenges mailers perceive in their ability to move to full participation in the IMb Full-Service offering, including the anticipated cost or, for those already using this offering the actual cost, of doing so and information on steps the Postal Service could take to assist mailers in moving to full participation. We are also interested in the perceived benefits, and for those already using this offering the actual benefits, to mailers from moving to full participation in the IMb Full-Service offering. Mailer input about the changes needed to make to move to Full Service and the costs of those changes is extremely important information to support the plan to move to the Full-Service requirement for automation discounts. We are looking for responses from both current Full Service users and non-users. Mailer responses to this advance notice of proposed rulemaking should address the following topics so that the Postal Service can develop appropriate plans and responses to these concerns:</P>
        <P>• Your role in the mailing industry (mail owner, mail preparer, software vendor, hardware vendor, or other).</P>
        <P>• Your business's use of the mail, including approximate annual volume of mail by class (First-Class Mail®, Standard Mail®, Periodicals) and shape (cards, letters, flats) of mail and the frequency of your mailings (daily, weekly, monthly, quarterly, or annually).</P>
        <P>• The value your business has gained from the use of Full-Service.</P>
        <P>• Your recommendations for others to convert.</P>
        <P>• Your lessons learned and ideas to enhance the transition processes.</P>
        <P>• How your mailing patterns have changed based on the value added with Full-Service.</P>
        <P>• If not participating in Full-Service, the changes you will be required to make to move from your current mailing practices to the use of IMb Full-Service. Include upgrades to software, hardware, changes to mail preparation procedures, and submission of edocumentation.</P>
        <P>• The estimated one-time investment cost and any ongoing costs of changes to mail preparation and printing.</P>
        <P>• Value of increased visibility, access to free or lower fees for address change information, and elimination of permit fees.</P>
        <P>• Value of simplified acceptance procedures.</P>
        <P>• Value of ability to use a single permit at multiple mailing locations.</P>
        <P>• Any mail volume patterns that you foresee as you convert.</P>
        <P>• Other specific areas of concern or challenges.</P>
        <HD SOURCE="HD1">Requirements for Full-Service Intelligent Mail</HD>
        <HD SOURCE="HD2">Intelligent Mail Barcodes</HD>
        <P>•<E T="03">Mailpiece barcode.</E>The 65-bar Intelligent Mail barcode (IMb) accommodates 31-digits of data on letter and flat mailpieces. The IMb contains additional fields that encode ancillary services, identify the mailer and the class of mail, and allow unique numbering/serialization of the mailpiece. The USPS will issue a unique Mailer ID to each full-service IMb mailer, which must be included in the Intelligent Mail barcode. Mailers are required to uniquely number each mailpiece in a mailing, and not reuse numbers for a period of 45 days from the date of induction.</P>
        <P>•<E T="03">Tray barcode.</E>An Intelligent Mail tray barcode (IMtb) is required on letter trays, flat trays and sacks. Unlike today's 10-digit tray barcode that contains only routing information, the 24-digit Intelligent Mail tray barcode includes additional fields to identify the mailer and uniquely number each tray or sack. Mailers must include their USPS-assigned Mailer ID in the Intelligent Mail tray barcode. Mailers are required to uniquely number each tray or sack in a mailing, and not reuse each number for a period of 45 days from the date of induction. Pieces inside each tray must be linked or nested to the IMb tray barcode.</P>
        <P>•<E T="03">Container barcode.</E>An Intelligent Mail container barcode (IMcb) is required on all containers used to transport mail such as pallets, all purpose containers (APCs), rolling stock, and gaylords. This 21-digit IMcb includes fields to identify the mailer and uniquely number each container. Mailers must include their USPS-assigned Mailer ID in the IMcb. Mailers are required to uniquely number each container in a mailing, and not reuse each number for a period of 45 days from the date of induction. Trays inside the container must be linked or nested to the IMb container barcode.</P>
        <HD SOURCE="HD1">Electronic Documentation and Appointment Scheduling</HD>

        <P>Full-Service mailings must be accompanied by electronic documentation in addition to or instead of the printed postage statement and presort documentation currently required to mail at automation rates. Mailers typically furnish hard copy postage statements and documentation, or supply a computer terminal at their site for USPS acceptance personnel to view their documentation. Many mailers have transitioned to electronic submission of their postage statements and mailing documentation to the Postal Service's<E T="03">PostalOne!®</E>system using Mail.dat®, Mail.XML, or Postal Wizard.</P>

        <P>Full-Service IMb mailers are required to use one of these three methods to send their electronic mailing information to the<E T="03">PostalOne!</E>system. The<E T="03">PostalOne!</E>system translates the customer-generated electronic information into postage statements and supporting documentation, such as qualification and container reports, that are used for verification, acceptance, and induction processes. By submitting documents electronically, mailers avoid the creation of paper-based forms, use this technology to manage their mailing data, and enable the Postal Service to capture its own efficiencies.</P>

        <P>Mailer electronic documentation for Full-Service mailings contains information about Intelligent Mail barcodes applied to mailpieces, trays or sacks, and containers. Also, it identifies the unique Intelligent Mail barcodes applied to each mailpiece, tray or sack, and container; it describes how mailpieces are linked to handling units, such as trays and sacks, and how mailpieces and handling units are linked to containers. In addition, documentation provides linkage among containers, trays and sacks when mail is<PRTPAGE P="23646"/>co-palletized, combined or comingled (in-house or at a different plant). The electronic documentation identifies spoilage or shortage of pieces in a mailing. Additionally it identifies the preparer of the mailing and the mailer for whom the mailing is prepared (i.e., Mail Owner). Mail Owner identification is required for all Full-Service pieces in the mailing. Mailers that otherwise meet the full-service standards and use Postal Wizard for mailings that do not require additional documentation to support presort (mailings of fewer than 10,000 pieces with postage affixed to each piece at the correct price or if all pieces are of identical weight, the pieces are separated by price, or mailings all at an MAADC or MADC price) are not required to submit this additional documentation.</P>

        <P>Appointments play a critical role with service performance measurement, processing and delivery of mail. At the USPS facilities that support FAST® (Facility Access and Shipment Tracking), mailers will be required to schedule appointments using the FAST system for drop-ship mailings and for all origin-entered mail verified at a detached mail unit (DMU) and transported by the mailer. Mailers may schedule appointments online using the FAST web site or they may submit appointment requests through<E T="03">PostalOne!</E>FAST Web Services using the Mail.XML specification. For improved service performance measurement, visibility, and operational planning, USPS recommends that mailers link their Intelligent Mail container barcodes (IMcb) to their appointments. Mailers can provide container barcodes as part of the stand-alone content creation, appointment creation, and update processes through<E T="03">PostalOne!</E>FAST Web Services. Mailers can also receive closeout data through FAST online reports or<E T="03">PostalOne!</E>FAST Web Services.</P>
        <HD SOURCE="HD1">Additional Mailing Information Available With Full-Service</HD>

        <P>Mailpiece quality and visibility information is available through the online USPS Business Customer Gateway tool and through<E T="03">PostalOne!</E>Web Services (Mail.XML). Mailers can query the information or obtain an automated subscription. USPS, as part of the Full-Service program, is making the following information available: Container and tray induction and processing scans, IMb tracing bundle and piece scans; start-the-clock information; address correction data; and certain quality and documentation error reporting information. An IMb embeds the following data:</P>
        <P>•<E T="03">Barcode ID:</E>The barcode identifier is a 2-digit field used to specify the presort makeup.</P>
        <P>•<E T="03">Service Type Identifier:</E>Indicates class of mail and requested special services such as scan information or address correction.</P>
        <P>•<E T="03">Mailer ID:</E>Mandatory 6- or 9-digit identifier of mail owners and/or mailing agents, assigned by the Postal Service based upon mail volume of owner/agent.</P>
        <P>•<E T="03">Serial Number:</E>Complementary with Mailer ID for a combined total of 15 digits, leaves mailer/agent with 6 or 9 digits for unique mailpiece identifier. Mailpiece IDs must not be reused within 45 days of induction date.</P>
        <P>•<E T="03">Delivery Point Routing Code:</E>The None, 5-, 9- or 11-digit ZIP Code corresponding to the delivery address.</P>
        <P>For accessing automation prices through Full-Service, information required in the Intelligent Mail barcode includes Service Type Identifier (showing class of mail), Mailer ID, delivery point routing code, OEL information (if printed on the mailpiece) and a unique serial number.</P>

        <P>To view final specifications and for detailed information on how to generate the Intelligent Mail barcode, access the Intelligent Mail barcode<E T="03">link</E>from RIBBS<E T="03">http://ribbs.usps.gov.</E>
        </P>
        <HD SOURCE="HD2">Intelligent Mail Tray Barcode for Trays and Sacks</HD>
        <P>Starting in January 2014, Full Service automation discounts require pure 24-digit Intelligent Mail Tray barcodes (IMtb). An IMtb contains the following information:</P>
        <P>•<E T="03">ZIP Code:</E>
          <E T="51">TM</E>A 5 digit ZIP Code used to identify the destination of the tray or sack.</P>
        <P>•<E T="03">Content Identifier Number (CIN):</E>Describes tray or sack content, including presort level and class.</P>
        <P>•<E T="03">Content Label Source (L SRC):</E>Designates whether tray or sack contents are automation compatible.</P>
        <P>•<E T="03">Mailer ID:</E>A 6-digit or 9-digit Mailer ID assigned by the Postal Service for use in the Intelligent Mail barcodes.</P>
        <P>•<E T="03">Serial Number:</E>A mailer will use this field to uniquely identify individual trays or sacks. If a 6-digit Mailer ID is assigned, the mailer will have 8 digits to uniquely identify the handling units. If a 9-digit Mailer ID is assigned, the mailer will have 5 digits to identify the handling units. To participate in the Full Service option, the Serial Number field is populated with a unique number for each handling unit (tray or sack) in the mailing. These unique mailpiece IDs must be maintained unique for 45 days from the date of induction.</P>
        <P>•<E T="03">Label Type:</E>Indicates Mailer ID field length.</P>
        <P>To access automation prices through the Full Service option, mailers will be required to populate all fields in the Intelligent Mail tray barcode to include a unique serial number.</P>

        <P>To view the final specifications and for detailed information on how to generate the Intelligent Mail tray barcode, access the Intelligent Mail tray label<E T="03">link</E>from<E T="03">http://ribbs.usps.gov/.</E>
        </P>
        <HD SOURCE="HD2">Intelligent Mail Container Barcode for Pallets, APCs, Rolling Stock</HD>
        <P>Mailers typically label containers of mail deposited with the Postal Service. For Full Service, mailers must apply a unique Intelligent Mail container barcode (IMcb) to container labels and keep the barcode unique for at least 45 days from the date of induction. This IMcb includes fields to identify the mailer and uniquely identify each container. To comply with the Full Service option standards, mailers must apply a label to all containers such as pallets, APCs, rolling stock, and gaylords.</P>
        <P>The Intelligent Mail container barcode has two formats. The format a mailer uses depends upon the Mailer ID assigned by the Postal Service. The IMcb label specifications are available in two physical sizes for the IMcb barcode labels: One is the 8″ min x 11″ format available at RIBBS, and the other one is the 4″ x 7″ self adhesive format, also available at RIBBS.</P>
        <P>•<E T="03">Application ID (Appl ID):</E>“99” indicates the source of the barcode.</P>
        <P>•<E T="03">Type Indicator:</E>“M” indicates a mailer-generated barcode.</P>
        <P>•<E T="03">Mailer ID:</E>A 6-digit or 9-digit Mailer ID assigned by the Postal Service for use in the Intelligent Mail barcodes.</P>
        <P>•<E T="03">Serial Number:</E>A mailer will use this field to uniquely identify individual containers. If a 6-digit Mailer ID is assigned, the mailer will have 12-digits to uniquely identify the containers. If a 9-digit MID is assigned, the mailer will have 9 digits to identify the containers. To participate in the Full Service option, the serial number field is populated with a unique number for each container in the mailing. These unique mailpiece IDs must not be reused for 45 days from the date of induction. To access the automation prices through the Full Service option, mailers will be required to populate all fields in the Intelligent Mail container barcode to include a unique serial number. To view the final specifications and for detailed information on how to generate the Intelligent Mail container barcode, access the Intelligent Mail<PRTPAGE P="23647"/>Container barcode<E T="03">link</E>from RIBBS<E T="03">http://ribbs.usps.gov.</E>
        </P>
        <HD SOURCE="HD1">Electronic Documentation</HD>

        <P>To participate in Full Service, mailers must submit their postage statements and mailing documentation, when applicable, electronically using one of three methods: Mail.dat®, Mail.XML®, or Postal Wizard® to transmit electronic information. These data are transmitted to the Postal Service's<E T="03">PostalOne!</E>system, where they are used for verification, acceptance, payment, service performance measurement, and induction planning and processing. The<E T="03">PostalOne!</E>system can also use this information to automate payment processes using ACH Debit or Credit payment methods. With the<E T="03">PostalOne! s</E>ystem<E T="03">,</E>mailers have access to their mailing documentation and financial transaction information 24 hours a day, seven days a week.</P>
        <P>
          <E T="03">Mail.dat:</E>Mail.dat file submission is part of the overall<E T="03">PostalOne!</E>application and provides customers the capability to submit mailing documentation over a secure connection. Mail.dat uses industry-standard electronic file formats to facilitate communication. Mailing information is used to generate documentation to support verification, payment, and induction processes. Mail.dat specifications are available at<E T="03">http://ribbs.usps.gov.</E>
        </P>
        <P>
          <E T="03">Mail.XML:</E>The Mail.XML is an overarching communication specification that allows mailers to communicate electronic documentation and manage appointments with the Postal Service, while enabling it to provide quality, address correction, induction, and visibility information back to mailers. Mail.XML can also be used to communicate between mailers and consolidators/transporters. Mail.XML is part of the overall<E T="03">PostalOne!</E>application that enables a just-in-time connection (send information when you are ready to share). The Mail.XML Web Service uses a Simple Object Access Protocol (SOAP) to submit information in an Extensible Markup Language (XML) format that ensures data are sent and received by applications written in various languages and deployed on various platforms. Mailing information is sent via Mail.XML to the<E T="03">PostalOne!</E>system where the information is stored and used to generate documentation to support verification and payment. Mail.XML specifications are available at the following link:<E T="03">http://ribbs.usps.gov.</E>
        </P>
        <P>
          <E T="03">Postal Wizard:</E>The Postage Statement Wizard is an online tool that allows mailers to enter their postage statement information using a secure<E T="03">PostalOne!</E>account. The Postage Statement Wizard verifies completed information for an online postage statement and automatically populates the Permit Holder section of the postage statement based on the account number provided. It guides the user through items needed to complete the statement. The Postal Wizard automatically calculates postage and validates information entered. Once a postage statement is completed online, electronic statements will be submitted directly to the acceptance unit.</P>

        <P>For detailed information about electronic mailing information options, access the following RIBBS<E T="03">link  http://ribbs.usps.gov.</E>
        </P>
        <SIG>
          <NAME>Stanley F. Mires,</NAME>
          <TITLE>Attorney, Legal Policy &amp; Legislative Advice.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9537 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7710-12-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R05-OAR-2007-1179; FRL-9661-5]</DEPDOC>

        <SUBJECT>Approval of Air Quality Implementation Plans; Wisconsin; Disapproval of “Infrastructure” SIP With Respect to Oxides of Nitrogen as a Precursor to Ozone Provisions and New Source Review Exemptions for Fuel Changes as Major Modifications for the 1997 8-Hour Ozone and 24-Hour PM<E T="0732">2.5</E>NAAQS</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Pursuant to EPA's authority under the Clean Air Act (CAA), EPA is proposing to disapprove two narrow portions of submissions made by the Wisconsin Department of Natural Resources (WDNR) to address the section 110(a)(1) and (2) requirements of the CAA, often referred to as the “infrastructure” State Implementation Plan (SIP). Specifically, we are proposing to disapprove the portions of WDNR's submissions intended to meet certain requirements of section 110(a)(2)(C) with respect to the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) and 1997 24-hour PM<E T="52">2.5</E>NAAQS. Among other conditions, section 110(a)(2)(C) of the CAA requires states to correctly address oxides of nitrogen (NO<E T="52">X</E>) as a precursor to ozone in their respective prevention of significant deterioration (PSD) programs. EPA is proposing to disapprove a portion of Wisconsin's submissions intended to satisfy this requirement. EPA is also proposing to disapprove a portion of Wisconsin's submissions because the SIP currently contains a new source review (NSR) exemption for fuel changes as major modifications where the source was capable of accommodating the change before January 6, 1975.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before May 21, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-R05-OAR-2007-1179, by one of the following methods:</P>
          <P>1.<E T="03">www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>2.<E T="03">Email: aburano.douglas@epa.gov.</E>
          </P>
          <P>3.<E T="03">Fax:</E>(312) 408-2279.</P>
          <P>4.<E T="03">Mail:</E>Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.</P>
          <P>5.<E T="03">Hand Delivery:</E>Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No.  EPA-R05-OAR-2007-1179. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at<E T="03">www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through<E T="03">www.regulations.gov</E>or email. The<E T="03">www.regulations.gov</E>Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">www.regulations.gov</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA<PRTPAGE P="23648"/>recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.</P>
          <P>
            <E T="03">Docket:</E>All documents in the docket are listed in the<E T="03">www.regulations.gov</E>index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in<E T="03">www.regulations.gov</E>or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Andy Chang, Environmental Engineer, at (312) 886-0258 before visiting the Region 5 office.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Andy Chang, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0258,<E T="03">chang.andy@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:</P>
        
        <EXTRACT>
          <FP SOURCE="FP-2">I. What should I consider as I prepare my comments for EPA?</FP>
          <FP SOURCE="FP-2">II. What is the background for this action?</FP>

          <FP SOURCE="FP-2">III. What is EPA's evaluation of Wisconsin's infrastructure SIP for the 1997 ozone and 1997 PM<E T="52">2.5</E>NAAQS?</FP>
          <FP SOURCE="FP1-2">A. NO<E T="52">X</E>as a precursor to ozone provisions.</FP>
          <FP SOURCE="FP1-2">B. Fuel Changes as Major Modifications</FP>
          <FP SOURCE="FP-2">IV. What action is EPA taking?</FP>
          <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. What should I consider as I prepare my comments for EPA?</HD>
        <P>When submitting comments, remember to:</P>
        <P>1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).</P>
        <P>2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.</P>
        <P>3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.</P>
        <P>4. Describe any assumptions and provide any technical information and/or data that you used.</P>
        <P>5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.</P>
        <P>6. Provide specific examples to illustrate your concerns, and suggest alternatives.</P>
        <P>7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.</P>
        <P>8. Make sure to submit your comments by the comment period deadline identified.</P>
        <HD SOURCE="HD1">II. What is the background for this action?</HD>

        <P>Under sections 110(a)(1) and (2) of the CAA, and implementing EPA guidance, states were required to submit either revisions to their existing EPA approved SIPs necessary to provide for implementation, maintenance, and enforcement of the 1997 ozone NAAQS and the 1997 PM<E T="52">2.5</E>NAAQS, or certifications that their existing SIPs for ozone and particulate matter already met those basic requirements. The statute requires that states make these submissions within three years after the promulgation of new or revised NAAQS. However, intervening litigation over the 1997 ozone NAAQS and the 1997 PM<E T="52">2.5</E>NAAQS created uncertainty about how states were to proceed.<SU>1</SU>
          <FTREF/>Accordingly, both EPA and the states were delayed in addressing these basic SIP requirements.</P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See, e.g.,</E>
            <E T="03">Whitman</E>v.<E T="03">American Trucking Associations, Inc.,</E>531 U.S. 457 (2001).</P>
        </FTNT>

        <P>In a consent decree with Earth Justice, EPA agreed to make completeness findings with respect to these SIP submissions. Pursuant to this consent decree, EPA published completeness findings for all states for the 1997 8-hour ozone NAAQS on March 27, 2008, and for all states for the 1997 PM<E T="52">2.5</E>NAAQS on October 22, 2008.</P>

        <P>On October 2, 2007, EPA issued a guidance document entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM<E T="52">2.5</E>National Ambient Air Quality Standards,” making recommendations to states concerning these SIP submissions (the 2007 Guidance). Within the 2007 Guidance, EPA gave general guidance relevant to matters such as the timing and content of the submissions. Wisconsin made its infrastructure SIP submission for the 1997 ozone and PM<E T="52">2.5</E>NAAQS on December 12, 2007. The State provided supplemental submissions to EPA on January 24, 2011, and March 28, 2011.</P>

        <P>On April 28, 2011, EPA published its proposed action on the Region 5 states' submissions (<E T="03">see</E>76 FR 23757). Notably, we proposed to find that Wisconsin had met the requirements of section 110(a)(2)(C) concerning state PSD programs generally, and in particular the requirement to include NO<E T="52">X</E>as a precursor to ozone (<E T="03">see</E>76 FR 23757 at 23760-23761), thereby satisfying the requirement that the State has an adequate PSD program pursuant to section 110(a)(2)(C) for both the 1997 ozone and 1997 PM<E T="52">2.5</E>NAAQS.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>2</SU>EPA noted that each state's PSD program must meet certain basic program requirements, e.g., if a state lacks provisions needed to address NO<E T="52">X</E>as a precursor to ozone, the provisions of section 110(a)(2)(C) requiring an adequate permitting program must be considered not to be met, irrespective of the pollutant being addressed in the infrastructure SIP submission.</P>
        </FTNT>

        <P>During the comment period for the April 28, 2011, proposed rulemaking, EPA received three sets of comments. Two of the commenters observed that although we had proposed to approve Wisconsin's infrastructure SIP as meeting the correct requirements for NO<E T="52">X</E>as a precursor to ozone in the State's PSD program, Wisconsin's PSD SIP does not contain the most recent PSD program revisions required by EPA for this purpose. One of the commenters also noted that Wisconsin's existing SIP does not meet current EPA requirements with respect to NSR because Wisconsin has not included fuel changes as “major modifications” in its NSR program for certain sources under certain conditions. A detailed discussion of these comments as they relate to Wisconsin's SIP will follow in the section entitled, “What is EPA's evaluation of Wisconsin's infrastructure SIP for the 1997 ozone and 1997 PM<E T="52">2.5</E>NAAQS?”</P>

        <P>As a result of the comments, we did not promulgate final action on those two limited aspects of Wisconsin's infrastructure SIP in our July 13, 2011, final rulemaking (<E T="03">see</E>76 FR 41075). We did, however, promulgate final action on all other applicable elements of Wisconsin's infrastructure SIP. In the July 13, 2011, rulemaking, we committed to address the issues raised in the comments concerning NO<E T="52">X</E>as a precursor to ozone and the definition of “major modification” related to fuel changes for certain sources in Wisconsin in a separate action; this<PRTPAGE P="23649"/>proposed rulemaking and future final rulemaking serve as that action.</P>

        <HD SOURCE="HD1">III. What is EPA's evaluation of Wisconsin's infrastructure SIP for the 1997 ozone and 1997 PM<E T="52">2.5</E>NAAQS?</HD>

        <P>As stated above, EPA promulgated final action on all applicable elements of Wisconsin's infrastructure SIP submissions for the 1997 ozone and 1997 PM<E T="52">2.5</E>NAAQS except for the narrow issues related to section 110(a)(2)(C) with respect to the current regulatory requirements for NO<E T="52">X</E>as a precursor to ozone in PSD permitting and the definition of “major modification” related to fuel changes for certain sources.<SU>3</SU>
          <FTREF/>The following discussion is applicable only to these two unresolved issues for Wisconsin's infrastructure SIP, and will not extend to the elements or requirements of sections 110(a)(1) and (2) for which EPA has previously promulgated final action.</P>
        <FTNT>
          <P>
            <SU>3</SU>Although the evaluation of states' definitions of “major modification” related to fuel changes was not a criterion outlined in EPA's April 28, 2011 proposed rulemaking, this issue is intrinsically linked to states' PSD regulations, covered under section 110(a)(2)(C).</P>
        </FTNT>
        <HD SOURCE="HD2">A. NO<E T="54">X</E>as a Precursor to Ozone Provisions</HD>

        <P>During the public comment period following EPA's April 28, 2011 proposed rulemaking, commenters disagreed with EPA's proposed conclusion that the SIP for Wisconsin currently meets the requirements for NO<E T="52">X</E>as a precursor for ozone in permitting contexts. The commenters noted that in the proposed rulemaking, EPA stated that Wisconsin's PSD rules include NO<E T="52">X</E>as a precursor to ozone, and that EPA cited the approval of this provision as occurring on May 27, 1999 (<E T="03">see</E>64 FR 28745). The commenters disagreed with EPA's conclusion that the May 27, 1999, approval, specifically of NR 405.02(21)(a), adequately addresses the issue of inclusion of NO<E T="52">X</E>as a precursor to ozone.</P>

        <P>After careful consideration of the comments, we have concluded that the commenters were correct on this point because the current EPA approved SIP for the state does not contain specific SIP revisions for the PSD program required by EPA. On November 29, 2005, EPA published the “Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline” (Phase 2 Rule) (<E T="03">see</E>70 FR 71612). One aspect of the Phase 2 Rule was the specific requirement to identify NO<E T="52">X</E>as an explicit ozone precursor (<E T="03">see</E>70 FR 71612 at 71679, 71699-71700). This requirement was codified in 40 CFR 51.166, and consisted of the following:<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU>Similar changes were codified in 40 CFR 52.21.</P>
        </FTNT>

        <P>40 CFR 51.166 (b)(1)(ii): A major source that is major for volatile organic compounds or NO<E T="52">X</E>shall be considered major for ozone;</P>

        <P>40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as defined at paragraph (b)(39) of this section) from any emissions units or net emissions increase (as defined in paragraph (b)(3) of this section) at a major stationary source that is significant for volatile organic compounds or NO<E T="52">X</E>shall be considered significant for ozone;</P>
        <P>40 CFR 51.166 (b)(23)(i): Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides;</P>

        <P>40 CFR 51.166 (b)(49)(i): Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator (<E T="03">e.g.,</E>volatile organic compounds and NO<E T="52">X</E>) are precursors for ozone; and</P>
        <P>40 CFR 51.166 (i)(5)(i)(e) footnote 1: No<E T="03">de minimis</E>air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of air quality data.</P>

        <P>The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including these specific NO<E T="52">X</E>as a precursor to ozone provisions, by June 15, 2007 (<E T="03">see</E>70 FR 71612 at 71683).</P>

        <P>EPA believes that states' SIPs do not meet current structural requirements for the PSD program, and thus do not meet the infrastructure SIP requirements relevant to section 110(a)(2)(C), unless states have made these revisions required in 2007. Thus, states that did not incorporate the changes specific to identifying NO<E T="52">X</E>as a precursor to ozone required by the Phase 2 Rule were included in EPA's March 27, 2008 “Completeness Findings for Section 110(a) State Implementation Plans for the 8-Hour Ozone NAAQS” and received a finding of failure to submit related to section 110(a)(2)(C) for this reason (<E T="03">see</E>73 FR 16205). Wisconsin was not included in the March 27, 2008 findings notice.</P>

        <P>Similarly, consistent with the Phase 2 Rule, EPA has disapproved portions of other states' infrastructure SIPs on the basis that they have not explicitly identified NO<E T="52">X</E>as a precursor to ozone. Notably, we disapproved the portion of Montana's infrastructure SIP with respect to this requirement of section 110(a)(2)(C) on July 22, 2011 (<E T="03">see</E>76 FR 43918). EPA also finalized a partial Federal Implementation Plan (FIP) on August 8, 2011, which included provisions that explicitly include NO<E T="52">X</E>as a precursor to ozone in the North Coast Unified Air Quality Management District of California (<E T="03">see</E>76 FR 48006). Likewise, EPA has acted on portions of the SIP submission required by the Phase 2 Rule in conjunction with acting on a state's infrastructure SIP submission. For example, EPA promulgated final approval with respect to South Dakota's revisions to its PSD program identifying NO<E T="52">X</E>as a precursor to ozone consistent with the requirements of the Phase 2 Rule concurrently with final action on South Dakota's infrastructure SIP for the 1997 ozone NAAQS.<SU>5</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>5</SU>EPA's proposed action for South Dakota was published on May 12, 2011 (<E T="03">see</E>76 FR 27622), and our final action for South Dakota was published on July 22, 2011 (<E T="03">see</E>76 FR 43912).</P>
        </FTNT>

        <P>Therefore, based on EPA's own regulations, submission deadlines, and actions germane to the explicit identification of NO<E T="52">X</E>as a precursor to ozone in Federally approved PSD programs, we are proposing to disapprove the portions of Wisconsin's infrastructure SIP submission with respect to the NO<E T="52">X</E>as a precursor to ozone provision requirements of section 110(a)(2)(C) for the 1997 ozone and PM<E T="52">2.5</E>NAAQS.</P>
        <HD SOURCE="HD2">B. Fuel Changes as Major Modifications</HD>
        <P>During the comment period following EPA's April 28, 2011, proposed rulemaking, one commenter argued that Wisconsin's existing SIP is deficient for purposes of section 110(a)(2)(C) because it does not meet current EPA requirements with respect to the NSR program. The commenter noted that the NSR program requires states to adopt definitions that are identical to, or more stringent than, EPA's definitions. Contrary to EPA's definition, the commenter asserted that Wisconsin has not included fuel changes as “major modifications” in its NSR program. The commenter cited a 2009 letter from EPA to the state requesting that the state update its regulations to address this specific issue.</P>

        <P>The definition of “major modification” as it relates to PSD is<PRTPAGE P="23650"/>generally defined in NR 405.02(21) of Wisconsin's SIP. The exemptions to “physical change” are contained at NR 405.02(21)(b). One exemption is the ability of a source capable of accommodating different types of fuels before 1975 to switch the type of fuel burned, unless<E T="03">strictly prohibited</E>by a restriction in a permit established after 1975.</P>
        <P>EPA regulations contained at 40 CFR 51.166(b)(2)(iii)(<E T="03">e</E>)(<E T="03">1</E>) and (<E T="03">2</E>) specifically prescribe when use of an alternative fuel is not considered a physical change for purposes of defining a “major modification.” These regulations require that a physical change or change in the method shall not include use of an alternative fuel or raw material by a stationary source which:</P>
        
        <EXTRACT>
          <P>The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR [part 51], subpart I, or 40 CFR 51.166; or</P>
          <P>The source is approved to use [the fuel] under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166.</P>
        </EXTRACT>
        
        <P>The Wisconsin regulations set out the conditions for the fuel change exemption as follows:</P>
        
        <EXTRACT>
          <P>The source was capable of accommodating the alternative fuel or raw material before January 6, 1975, unless the change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to this chapter or ch. NR 406 or 408 or under an operation permit issued pursuant to ch. NR 407.</P>
          <P>[Or, t]he source is approved to use the alternative fuel or raw material under any permit issued under this chapter or ch. NR 406, 407, or 408. See proposed NR 405.02(21)(b)5.</P>
        </EXTRACT>
        
        <P>The Wisconsin rule is similar to the Federal rule, but differs by substituting references to Wisconsin Administrative Code sections, omitting EPA's phrase “pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR [part 51], subpart I, or 40 CFR 51.166.” The commenter objected that failure to cite Federal regulations results in the loss of prohibitions on fuel use exemptions that may have been contained in Federally-issued PSD permits, issued prior to EPA's approval of Wisconsin's PSD SIP. The result, the commenter noted that Wisconsin's rule allows more exemptions to the definition of “major modification” than allowed by the Federal rules.</P>
        <P>After careful consideration of the comment, we have concluded that the commenters were correct on this point because the current EPA approved SIP for the state does contain a specific provision that is inconsistent with the NSR program required by EPA. Because this provision is relevant to a structural requirement of the PSD permitting program, EPA believes that this issue affects the approvability of the infrastructure SIP submissions for purposes of meeting the requirements of section 110(a)(2)(C).</P>

        <P>EPA notes that this is an issue that has previously arisen and that the State has acknowledged and agreed to address it. The Sierra Club first raised a concern about this issue in the context of EPA's approval of Wisconsin's NSR Reform regulations on December 17, 2008 (<E T="03">see</E>73 FR 76560). In that final rulemaking, EPA stated that the definition of “major modification” and the associated fuel use prohibitions were not part of the specific SIP submission being acted upon by EPA at that time. However, we did agree that the language in the Wisconsin SIP needed to be revised (<E T="03">see</E>73 FR 76560 at 76566).</P>

        <P>On June 17, 2009, EPA requested that the State revise its regulatory language in NR 405.02(21)(b)(5) and (6), and NR 408.02(20)(e)(5) and (6), to include permit conditions in Federally-issued permits. On June 1, 2011, WDNR committed to begin the rulemaking process necessary to do so within 120 days by including the requested revision in its next major rulemaking. However, WDNR's commitment did not include a date certain by which it would complete the requested revision of the State's regulations. As a result, EPA may not at this time promulgate an approval or conditional approval of the section 110(a)(2)(C) portion of Wisconsin's infrastructure SIP for the 1997 ozone and PM<E T="52">2.5</E>NAAQS with respect to this narrow issue.</P>

        <P>After reviewing Wisconsin's current SIP in light of EPA's own regulations and request to the State to make appropriate revisions to the SIP necessary to address this issue, we are proposing to disapprove Wisconsin's infrastructure SIP submissions for the 1997 ozone and PM<E T="52">2.5</E>NAAQS with respect to the NSR exemption for fuel changes as “major modifications” where the source was capable of accommodating the change before January 6, 1975. We note that this disapproval is a narrow one, and limited to the specific state regulatory language concerning the exemption.</P>
        <HD SOURCE="HD1">IV. What action is EPA taking?</HD>

        <P>EPA is proposing to disapprove two narrow portions of Wisconsin's infrastructure SIP submissions for the 1997 ozone and PM<E T="52">2.5</E>NAAQS with respect to section 110(a)(2)(C). Specifically, we are proposing to disapprove the portions of Wisconsin's submissions because the current SIP does not satisfy the requirements of the Phase 2 Rule for explicit identification of NO<E T="52">X</E>as a precursor to ozone in PSD permitting. We are also proposing to disapprove the portions of Wisconsin's submissions because the current SIP contains an impermissible NSR exemption for fuel changes as “major modifications” where the source was capable of accommodating the change before January 6, 1975. These grounds for disapproval are narrow, and pertain only to these specific deficiencies in Wisconsin's SIP. We anticipate that the State will be able to rectify these issues readily and we will work with the State to rectify these issues promptly.</P>
        <P>Under section 179(a) of the CAA, final disapproval of a submission that addresses a requirement of a Part D Plan (section 171—section 193 of the CAA), or is required in response to a finding of substantial inadequacy as described in section 110(k)(5) starts a sanction clock. The provisions in the submissions we are disapproving were not submitted by Wisconsin to meet either of those requirements. Therefore, if EPA takes final action to disapprove these submissions, no sanctions under section 179 will be triggered.</P>

        <P>The full or partial disapproval of a SIP revision triggers the requirement under section 110(c) that EPA promulgate a FIP no later than two years from the date of the disapproval unless the State corrects the deficiency, and the Administrator approves the plan or plan revision before the Administrator promulgates such FIP. As previously mentioned, EPA anticipates that WDNR will make a submission rectifying each of these deficiencies. Further, EPA anticipates acting on WDNR's submissions within the two year time frame prior to our FIP obligation on these very narrow issues. In the interim, EPA expects WDNR to treat and explicitly identify NO<E T="52">X</E>as a precursor to ozone for PSD permitting consistent with the requirements of the Phase 2 Rule, and to ensure adherence to the prohibitions on fuel use exemptions in Federally-issued permits.</P>
        <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD>

        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this case EPA is<PRTPAGE P="23651"/>disapproving two aspects of the Wisconsin SIP that fail to meet Federal requirements.</P>
        <HD SOURCE="HD3">Executive Order 12866: Regulatory Planning and Review</HD>
        <P>Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and, therefore, is not subject to review under the Executive Order.</P>
        <HD SOURCE="HD3">Paperwork Reduction Act</HD>

        <P>This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501<E T="03">et seq.,</E>because this proposed SIP disapproval under section 110 and subchapter I, part D of the CAA will not create any new information collection burdens but simply disapproves certain State requirements for inclusion into the SIP. Burden is defined at 5 CFR 1320.3(b).</P>
        <HD SOURCE="HD3">Regulatory Flexibility Act</HD>
        <P>The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field.</P>
        <P>After considering the economic impacts of today's proposed<E T="03"/>rule on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. This rule does not impose any requirements or create impacts on small entities. This proposed SIP disapproval under section 110 and subchapter I, part D, of the CAA will not create any new requirements but simply disapproves certain State requirements for inclusion into the SIP. Accordingly, it affords no opportunity for EPA to fashion for small entities less burdensome compliance or reporting requirements or timetables or exemptions from all or part of the rule. The fact that the CAA prescribes that various consequences (<E T="03">e.g.,</E>higher offset requirements) may or will flow from this disapproval does not mean that EPA either can or must conduct a regulatory flexibility analysis for this action. Therefore, this action will not have a significant economic impact on a substantial number of small entities.</P>
        <P>We continue to be interested in the potential impacts of this proposed rule on small entities and welcome comments on issues related to such impacts.</P>
        <HD SOURCE="HD3">Unfunded Mandates Reform Act</HD>
        <P>This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, or tribal governments or the private sector.” EPA has determined that the proposed disapproval action does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This action proposes to disapprove pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.</P>
        <HD SOURCE="HD3">Executive Order 13132: Federalism</HD>
        <P>Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”</P>
        <P>This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it merely disapproves certain State requirements for inclusion into the SIP and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Thus, Executive Order 13132 does not apply to this action.</P>
        <HD SOURCE="HD3">Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD>
        <P>This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP EPA is proposing to disapprove would not apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action.</P>
        <HD SOURCE="HD3">Executive Order 13045: Protection of Children From Environmental Health and Safety Risks</HD>
        <P>EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it because it is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997). This proposed SIP disapproval under section 110 and subchapter I, part D, of the CAA will not create any new regulations but simply disapproves certain State requirements for inclusion into the SIP.</P>
        <HD SOURCE="HD3">Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use</HD>
        <P>This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.</P>
        <HD SOURCE="HD3">National Technology Transfer Advancement Act</HD>

        <P>Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (<E T="03">e.g.,</E>materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.<PRTPAGE P="23652"/>
        </P>
        <P>The EPA believes that this action is not subject to requirements of Section 12(d) of NTTAA because application of those requirements would be inconsistent with the CAA.</P>
        <HD SOURCE="HD3">Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations</HD>
        <P>Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.</P>
        <P>Consistent with EPA guidance addressing Executive Order 12898, EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental health effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. States' EPA-approved PSD and NSR regulations must meet certain minimum requirements promulgated by EPA, and these regulations apply to all affected populations within the State of Wisconsin. This action proposes to disapprove the portions of Wisconsin's SIP that do not contain certain EPA-promulgated minimum requirements.</P>
        <HD SOURCE="HD3">Statutory Authority</HD>
        <P>The statutory authority for this action is provided by sections 110 of the CAA, as amended (42 U.S.C. 7410).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
          <P>Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 9, 2012.</DATED>
          <NAME>Susan Hedman,</NAME>
          <TITLE>Regional Administrator, Region 5.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9608 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R05-OAR-2011-0944; FRL-9648-7]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted Standard</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>EPA is proposing to approve into the Illinois State Implementation Plan (SIP) an adjusted standard for Leisure Properties LLC/D/B/A Crownline Boats (Crownline) at its West Frankfort, Illinois facility. On June 10, 2011, the Illinois Environmental Protection Agency submitted to EPA for approval an adjustment to the general rule, Use of Organic Material Rule, commonly known as the eight pound per hour rule, as it applies to emissions of volatile organic matter (VOM) from Crownline's manufacturing facility. The adjusted standard relieves Crownline from being subject to the general rule for VOM emissions from its West Frankfort facility. EPA is proposing to approve this SIP revision because it will not interfere with attainment or maintenance of the ozone National Ambient Air Quality Standard.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before May 21, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-R05-OAR-2011-0944, by one of the following methods:</P>
          <P>1.<E T="03">www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>2.<E T="03">Email: blakley.pamela@epa.gov.</E>
          </P>
          <P>3.<E T="03">Fax:</E>(312) 692-2450.</P>
          <P>4.<E T="03">Mail:</E>Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.</P>
          <P>5.<E T="03">Hand Delivery:</E>Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.</P>
          

          <FP>Please see the direct final rule which is located in the Final Rules section of this<E T="04">Federal Register</E>for detailed instructions on how to submit comments.</FP>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290,<E T="03">persoon.carolyn@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In the Final Rules section of this<E T="04">Federal Register,</E>EPA is approving the state's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this<E T="04">Federal Register</E>.</P>
        <SIG>
          <DATED>Dated: February 29, 2012.</DATED>
          <NAME>Susan Hedman,</NAME>
          <TITLE>Regional Administrator, Region 5.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9495 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 622</CFR>
        <DEPDOC>[Docket No. 120409403-2403-01]</DEPDOC>
        <RIN>RIN 0648-BB93</RIN>
        <SUBJECT>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment Supplement</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="23653"/>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Supplemental proposed rule; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>NMFS proposes to supplement the regulations implementing the Comprehensive Annual Catch Limit Amendment (Comprehensive ACL Amendment) for the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). The Comprehensive ACL Amendment specified, in part, annual catch limits (ACLs) and accountability measures (AMs) for species in the Snapper-Grouper FMP. A final rule implementing the Comprehensive ACL Amendment was published in the<E T="04">Federal Register</E>on March 16, 2012, and is effective on April 16, 2012. However, after publishing the final rule, NMFS discovered that the commercial quota for greater amberjack (commercial ACL for greater amberjack), which was specified in the Comprehensive ACL Amendment, was inadvertently not specified in the proposed or final rules. The intent of this supplemental proposed rule is to specify the commercial ACL for greater amberjack, while maintaining catch levels consistent with achieving optimum yield (OY) for the resource.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments on this proposed rule must be received no later than May 7, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments on the supplemental proposed rule identified by “NOAA-NMFS-2012-0039” by any of the following methods:</P>
          <P>•<E T="03">Electronic submissions:</E>Submit electronic comments via the Federal e-Rulemaking Portal:<E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>•<E T="03">Mail:</E>Rick DeVictor, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.</P>
          <P>
            <E T="03">Instructions:</E>Comments are specifically sought on the action contained in the supplemental proposed rule to revise the greater amberjack commercial sector quota. All comments received are a part of the public record and will generally be posted to<E T="03">http://www.regulations.gov</E>without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.</P>

          <P>To submit comments through the Federal e-Rulemaking Portal:<E T="03">http://www.regulations.gov,</E>click on “submit a comment,” then enter “NOAA-NMFS-2012-0039” in the keyword search and click on “search”. To view posted comments during the comment period, enter “NOAA-NMFS-2012-0039” in the keyword search and click on “search.” NMFS will accept anonymous comments (enter N/A in the required field if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.</P>
          <P>Comments through means not specified in this rule will not be accepted.</P>

          <P>Electronic copies of the Comprehensive ACL Amendment, which includes a final environmental impact statement (FEIS), a regulatory flexibility analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at<E T="03">http://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Rick DeVictor, Southeast Regional Office, NMFS, telephone: 727-824-5305; email:<E T="03">rick.devictor@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The fishery for snapper-grouper is managed under the Snapper-Grouper FMP. The FMP is prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).</P>
        <HD SOURCE="HD1">Background</HD>
        <P>Greater amberjack managed under the FMP is neither overfished nor undergoing overfishing, and is not in a rebuilding plan. The 2006 revisions to the Magnuson-Stevens Act require that by 2011, for fisheries determined by the Secretary of Commerce (Secretary) to not be subject to overfishing, ACLs and AMs must be established at a level that prevents overfishing and helps to achieve OY. These mandates are intended to ensure fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems.</P>

        <P>An ACL is the level of annual catch of a stock or stock complex that is set to prevent overfishing from occurring. An ACL that is met or exceeded serves as the basis for triggering an AM. ACLs may incorporate management and scientific uncertainty, and take into account the amount of data available and level of vulnerability to overfishing for each species. Separate ACLs may be established for each sector of a fishery,<E T="03">i.e.,</E>commercial and recreational. However, the combined total of both sector ACLs may not exceed the total ACL for a species or stock complex.</P>
        <P>As specified in the Comprehensive ACL Amendment, the total ACL for greater amberjack is 1,968,000 lb (892,670 kg), round weight. Within the snapper-grouper fishery of the South Atlantic, the harvest of greater amberjack is divided between the commercial and recreational sectors; the total ACL is also so divided. The commercial sector ACL for greater amberjack is 800,163 lb (362,948 kg), round weight, or 769,388 lb (348,989 kg), gutted weight, and the recreational sector ACL is 1,167,837 lb (529,722 kg), round weight. The commercial quota for greater amberjack is specified in the regulations in gutted weight, because the fishermen are accustomed to the quota being specified in gutted weight. The greater amberjack commercial sector quota proposed through this rulemaking also serves as the greater amberjack commercial sector ACL, set forth in the Comprehensive ACL Amendment.</P>
        <P>However, although it is set out in the Comprehensive ACL Amendment, the commercial quota for greater amberjack was inadvertently omitted from the proposed and final rules implementing the Comprehensive ACL. On October, 20, 2011, NMFS published a notice of availability for the Comprehensive ACL Amendment and requested public comment (76 FR 65153). On December 1, 2011, NMFS published a proposed rule for the Comprehensive ACL Amendment and requested public comment (76 FR 74757). Additionally, on December 30, 2011, NMFS published an amended proposed rule for the Comprehensive ACL Amendment specific to a revised allowable biological catch (ABC) and a corresponding reduction to the commercial and recreational sector ACLs for wreckfish and requested public comment (76 FR 82264). The Secretary of Commerce approved the Comprehensive ACL Amendment on January 18, 2012. The final rule to implement the Comprehensive ACL Amendment was published on March 16, 2012 (77 FR 15916).</P>

        <P>In the proposed rule, the revised commercial quota for greater amberjack referenced in 50 CFR 622.49(b)(11)(i)(A) was inadvertently left unrevised in the commercial quota section in 50 CFR 622.42(e)(3). Therefore the final rule also left the commercial quota for greater amberjack unrevised. This supplemental proposed rule would<PRTPAGE P="23654"/>revise the commercial quota for greater amberjack.</P>
        <HD SOURCE="HD1">Management Measure Contained in This Proposed Rule</HD>
        <HD SOURCE="HD2">Greater Amberjack Commercial Quota</HD>
        <P>The final rule to implement the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012) implemented ACLs and AMs for greater amberjack. However, as noted above, NMFS inadvertently failed to revise the commercial quota for greater amberjack. Because the commercial quota serves as the commercial sector ACL, which acts as the trigger for the commercial sector's AM, without the revised commercial quota, the commercial sector ACL is incomplete. This rule would revise the greater amberjack commercial quota to accurately reflect the actions within the amendment and meet the intent of the Council. This rule reduces the current commercial sector quota of 1,169,931 lb (530,672 kg), gutted weight, to 769,388 lb (348,989 kg), gutted weight.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Comprehensive ACL Amendment, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.</P>
        <P>This proposed rule has been determined to be not significant for purposes of Executive Order 12866.</P>
        <P>The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that the final rule to implement the Comprehensive ACL Amendment would not have a significant economic impact on a substantial number of small entities. The purpose of this proposed rule, as described in the preamble, is to revise the commercial greater amberjack quota that was inadvertently not revised in the final rule implementing the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012), consistent with the intent of the Council. The effects of the commercial quota, 800,163 lb (362,948 kg), round weight, or 769,388 lb (348,989 kg), gutted weight, were fully described in the Comprehensive ACL Amendment. This revised commercial quota is approximately 400,000 lb (181,437 kg), gutted weight, less than the existing commercial quota. However, the average annual commercial greater amberjack harvest for 2005 to 2009 was only 690,725 lb (313,308 kg), gutted weight, which is substantially less than the existing commercial quota, and which is still less than the quota proposed here. Because the new commercial quota would be more than the average annual commercial greater amberjack harvest, the specification of the new quota is not expected to have any direct adverse economic effects on the commercial harvesters of greater amberjack or associated industries. These results and conclusions were provided in the Comprehensive ACL Amendment. The Classification section of the proposed rule (76 FR 74757, December 1, 2011) and the final rule (77 FR 15916, March 16, 2012) implementing the Comprehensive ACL Amendment, however, focused on the actions which were expected to have direct adverse economic effects on small entities. Because the revision of the greater amberjack commercial quota (commercial ACL) is not expected to have any direct adverse economic effects on small entities, no reference to, or discussion of the expected economic effects of this revision was included in the Classification sections of these two rules.</P>
        <P>In summary, this proposed rule, if implemented, would simply correct an administrative oversight in a previous rulemaking. For the reasons above, if implemented this rule will not have a significant economic impact on a substantial number of small entities.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 50 CFR Part 622</HD>
          <P>Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Alan D. Risenhoover,</NAME>
          <TITLE>Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
        </SIG>
        
        <P>For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC</HD>
          <P>1. The authority citation for part 622 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 1801<E T="03">et seq.</E>
            </P>
          </AUTH>
          
          <P>2. In § 622.42, paragraph (e)(3) is revised to read as follows:</P>
          <SECTION>
            <SECTNO>§ 622.42</SECTNO>
            <SUBJECT>Quotas.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            <P>(3)<E T="03">Greater amberjack</E>—769,388 lb (348,989 kg).</P>
            <STARS/>
          </SECTION>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9600 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 665</CFR>
        <DEPDOC>[Docket No. 110909578-1582-01]</DEPDOC>
        <RIN>RIN 0648-BB45</RIN>
        <SUBJECT>Western Pacific Pelagic Fisheries; Modification of American Samoa Large Vessel Prohibited Area</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NMFS proposes to modify certain boundaries of the large fishing vessel prohibited area around Tutuila, the Manua Islands, and Rose Atoll in American Samoa to align with the boundaries of the Rose Atoll Marine National Monument. The proposed action would simplify enforcement and administration of the management area.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>NMFS must receive comments on the proposed rule by May 11, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments on the proposed rule, identified by NOAA-NMFS-2011-0226, to either of the following addresses:</P>
          <P>•<E T="03">Electronic Submission:</E>Submit all electronic public comments via the Federal e-Rulemaking Portal<E T="03">www.regulations.gov;</E>or</P>
          <P>•<E T="03">Mail:</E>Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.</P>

          <P>Instructions: You must send any comments to one of the above two addresses to ensure that NMFS receives, documents, and considers the comments. Comments sent to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and NMFS will generally post them to<E T="03">www.regulations.gov</E>without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the commenter may be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept<PRTPAGE P="23655"/>anonymous comments (enter “N/A” in the required name and organization fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.</P>

          <P>The Western Pacific Fishery Management Council (Council) prepared a regulatory amendment, including an environmental assessment and regulatory impact review, that provides background information on this proposed rule. The regulatory amendment is available from<E T="03">www.regulations.gov</E>or the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226,<E T="03">www.wpcouncil.org.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Adam Bailey, Sustainable Fisheries, NMFS PIR, 808-944-2248.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Council and NMFS manage offshore fisheries around American Samoa under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific. A mix of small troll and longline vessels and larger longline and purse seine vessels target tunas and related fish in the U.S. Exclusive Economic Zone (EEZ) around the islands. A decade ago, small vessels known as alias dominated the fisheries. The alia use trolling or longline gear to target skipjack and yellowfin tuna and albacore for the fresh fish market and for canning in Pago Pago. More recently, larger vessels have made up most of the longline fishery. The large longliners also target albacore for canning, and they catch substantial quantities of yellowfin and skipjack tuna. In addition, U.S. purse seiners have occasionally fished around American Samoa to supply skipjack and yellowfin tuna for canning.</P>
        <P>The mixture of small and large vessels operating in the same area for the same fish prompted concerns over the potential for gear conflicts and catch competition among the various fishing groups. Concerned that potential competition and conflicts could lead to reduced opportunities for sustained participation in the fisheries by smaller vessels, the Council recommended prohibiting large vessels from fishing in two areas of the EEZ around American Samoa. In 2002, NMFS implemented these “large vessel prohibited areas,” or LVPA, one around Swain's Island and one around Tutuila, the Manua Islands, and Rose Atoll (67 FR 4369, January 30, 2002). The two areas prohibit fishing from vessels 50 ft in length overall or longer, and appear to have prevented conflicts between small and large vessels.</P>
        <P>In 2009, Presidential Proclamation 8337 created the Rose Atoll Marine National Monument (74 FR 1577, January 12, 2009). The monument comprises Rose Atoll and surrounding waters to a distance approximately 50 nm around the atoll. The Proclamation prohibits commercial fishing in monument waters.</P>
        <P>The monument and the LVPA around Tutuila, the Manua Islands, and Rose Atoll overlap, but the boundaries do not align. The Council is concerned that the non-alignment of the boundaries may confuse operators of large fishing vessels and reduce compliance with the fishing prohibitions in each area. To simplify administration and enforcement of the two areas, the Council recommended adjusting certain boundaries of the LVPA.</P>
        <P>The boundaries of the existing LVPA are described in Title 50, Code of Federal Regulations, Part 806, by straight lines connecting the following coordinates:</P>
        <GPOTABLE CDEF="s25,xls44,xls44" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Point</CHED>
            <CHED H="1">S. lat.</CHED>
            <CHED H="1">W. long.</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">AS-1-A</ENT>
            <ENT>13°30′</ENT>
            <ENT>167°25′</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AS-1-B</ENT>
            <ENT>15°13′</ENT>
            <ENT>167°25′</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="22">and from Point AS-1-A westward along the latitude 13°30′ S. until intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B westward along the latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.</ENT>
          </ROW>
        </GPOTABLE>
        <P>The corners of the Rose Atoll monument are marked by the following coordinates:</P>
        <GPOTABLE CDEF="s25,xls44,xls44" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Point</CHED>
            <CHED H="1">S. lat.</CHED>
            <CHED H="1">W. long.</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">1</ENT>
            <ENT>13°41′54″</ENT>
            <ENT>169°00′2″</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2</ENT>
            <ENT>13°41′54″</ENT>
            <ENT>167°17′0″</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3</ENT>
            <ENT>15°23′10″</ENT>
            <ENT>167°17′0″</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4</ENT>
            <ENT>15°23′10″</ENT>
            <ENT>169°00′42″</ENT>
          </ROW>
        </GPOTABLE>
        <P>This proposed rule would do the following:</P>
        <P>(a) Move the existing northernmost LVPA boundary southward to align with the northern boundary of the monument,</P>
        <P>(b) Move the eastern LVPA boundary eastward to align with the eastern boundary of the monument, and</P>
        <P>(c) Move a portion of the southern LVPA boundary southward to align with the southern boundary of the monument.</P>
        <P>The western and most of the southern boundaries of the existing LVPA would remain unchanged. The resulting proposed LVPA would be described by straight lines connecting the following coordinates (see Fig. 1):</P>
        <GPOTABLE CDEF="s25,xls44,xls44" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Point</CHED>
            <CHED H="1">S. lat.</CHED>
            <CHED H="1">W. long.</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">AS-1-A</ENT>
            <ENT>13°41′54″</ENT>
            <ENT>167°17′</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AS-1-B</ENT>
            <ENT>15°23′10″</ENT>
            <ENT>167°17′</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AS-1-C</ENT>
            <ENT>15°23′10″</ENT>
            <ENT>169°00′42″</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AS-1-D</ENT>
            <ENT>15°13′</ENT>
            <ENT>169°00′42″</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="22">and from point AS-1-A westward along latitude 13°41′54″ S. until intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D westward along latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.</ENT>
          </ROW>
        </GPOTABLE>
        <P>This proposed rule aligns the northern, eastern, and southern boundaries of the monument with those of the LVPA, reducing the area of the LVPA by 326 nm<SU>2</SU>. In other words, under this rule the portion of the EEZ around American Samoa where large vessels may fish would increase by 0.3 percent. The Council and NMFS do not believe that this modest change in the size of the LVPA will significantly affect fishing operations or result in potential environmental impacts, including social impacts, or impacts on target and non-target fish, or protected resources and their habitats.</P>
        <P>NMFS must receive any public comments on this proposed rule by the close of business on May 11, 2012, and will not consider late comments.</P>
        <GPH DEEP="455" SPAN="3">
          <PRTPAGE P="23656"/>
          <GID>EP20AP12.002</GID>
        </GPH>
        <HD SOURCE="HD1">Classification</HD>
        <P>Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Pelagics FEP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment.</P>
        <P>This proposed rule has been determined to be not significant for purposes of Executive Order 12866.</P>
        <P>The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The analysis follows:</P>
        <P>“The large vessel prohibited areas (LVPA) were created to separate activities of large vessel fishing activities from those of smaller vessels. The LVPA were implemented in 2002 under the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region. Subsequent Presidential Proclamation 8337 (74 FR 1577; January 12, 2009) established the Rose Atoll Marine National Monument (MNM). The Proclamation established the Rose Atoll MNM and banned all commercial fishing from the monument.</P>
        <P>The proposed action would modify the boundaries of the LVPA around Tutuila Island, the Manua Islands, and Rose Atoll to align with those of the Rose Atoll MNM. The proposed action would move the northern boundary of the LVPA toward shore, while extending the eastern boundary and a portion of the southern boundary farther from shore to encompass the MNM. This would expand the area in which large vessels are allowed to fish by 326 nm<SU>2</SU>, an increase of 0.3 percent in the area where large vessels are allowed to fish in the EEZ around American Samoa.</P>

        <P>The proposed action would directly affect operators of vessels 50 feet in length overall and longer, i.e., American Samoa-based longline vessels with Class C and D permits and all purse seine vessels. All Class C and D longline vessels that were active in 2009 and 2010 are assumed to be small entities for the purposes of this analysis, because they have revenues below $4.0 million (see SBA size regulations at 13 CFR Part 121.201), while most purse seine vessels<PRTPAGE P="23657"/>are not small entities. Based on limited financial information available on the purse seine fleet, NMFS believes that up to a quarter of purse seine vessels operating in 2009 were owned by small entities (74 FR 26160; June 1, 2009). However, when considering that the proposed action represents only minor adjustments to the boundaries, and that it would result in only a very small increase in the overall available fishing area for large vessels, the proposed action is not expected to have a significant economic impact on a substantial number of small entities. In addition, by aligning boundaries of two areas where fishing is prohibited for these vessels, compliance with fishing prohibitions in both of these areas would be enhanced.</P>
        <P>Other options that met the objectives of the proposed action were considered, including the no action alternative and two action alternatives. The two action alternatives would also have re-defined the boundaries of the prohibited area to encompass the monument, but would have increased the LVPA by 3,560 nm<SU>2</SU>or 1,339 nm<SU>2</SU>, respectively. The Council rejected these alternatives in favor of the preferred alternative, because it achieved the goal of addressing the mismatch of the LVPA and monument boundaries and was the only one of the three action alternatives that would not further decrease the remaining area in which large vessels, such as longline and purse seine vessels could fish.”</P>
        <P>As a result, an initial regulatory flexibility analysis is not required and none has been prepared.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 50 CFR Part 665</HD>
          <P>Administrative practice and procedure, American Samoa, Fishing, Longline, Marine national monuments, Prohibited area management, Purse seine, Rose Atoll.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Samuel D. Rauch III,</NAME>
          <TITLE>Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
        
        <P>For the reasons set out in the preamble, 50 CFR chapter VI is proposed to be amended as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 665—FISHERIES IN THE WESTERN PACIFIC</HD>
          <P>1. The authority citation for part 665 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 1801<E T="03">et seq.</E>
            </P>
          </AUTH>
          
          <P>2. In § 665.806, (b)(1) revise the paragraph and table to read as follows:</P>
          <SECTION>
            <SECTNO>§ 665.806</SECTNO>
            <SUBJECT>Prohibited area management.</SUBJECT>
            <STARS/>
            <P>(b) * * *</P>
            <P>(1)<E T="03">Tutuila Island, Manua Islands, and Rose Atoll (AS-1).</E>The large vessel prohibited area around Tutuila Island, the Manua Islands, and Rose Atoll consists of the waters of the EEZ around American Samoa enclosed by straight lines connecting the following coordinates:</P>
            <GPOTABLE CDEF="s25,xls44,xls44" COLS="3" OPTS="L2,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Point</CHED>
                <CHED H="1">S. lat.</CHED>
                <CHED H="1">W. long.</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">AS-1-A</ENT>
                <ENT>13°41′54″</ENT>
                <ENT>167°17′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">AS-1-B</ENT>
                <ENT>15°23′10″</ENT>
                <ENT>167°17′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">AS-1-C</ENT>
                <ENT>15°23′10″</ENT>
                <ENT>169°00′42″</ENT>
              </ROW>
              <ROW>
                <ENT I="01">AS-1-D</ENT>
                <ENT>15°13′</ENT>
                <ENT>169°00′42″</ENT>
              </ROW>
              <ROW EXPSTB="02" RUL="s">
                <ENT I="22">and from point AS-1-A westward along latitude13°41′54″ S. until intersecting the U.S. EEZ boundary with Samoa, and from point AS-1-D westward along latitude 15°13′ S. until intersecting the U.S. EEZ boundary with Samoa.</ENT>
              </ROW>
            </GPOTABLE>
            
            <STARS/>
          </SECTION>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9599 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>77</NO>
  <DATE>Friday, April 20, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="23658"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Six Rivers National Forest, Gasquet Ranger District, California, The Smith River National Recreation Area Restoration and Motorized Travel Management Project</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of intent to prepare an environmental impact statement.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Six Rivers National Forest proposes to make limited changes to the National Forest Transportation System (NFTS) on the Gasquet Ranger District in order to: provide motorized access to dispersed recreation opportunities; provide a diversity of motorized recreation opportunities; to provide for administrative needs, and; to reduce ecological and cultural resource risk and maintenance costs. In addition, inventoried unauthorized routes (UAR) that pose a risk to ecological resources will be restored to reduce risk to resources.</P>
          <P>This project responds to the Travel Management Rule, Subpart B (36 CFR 212.52), which requires the public be allowed to participate in the revision of designations, and 36 CFR 212.54, which requires the Forest to coordinate with other government organizations in the revision of designation of the NFTS. Changes to the NFTS resulting from this project will be reflected in an updated Motor Vehicle Use Map.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before June 4, 2012. The draft environmental impact statement is expected in October 2012 and the final environmental impact statement is expected in March 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send written comments to Six Rivers National Forest, Supervisor's Office, 1330 Bayshore Way, Eureka, CA 95501. Comments may also be sent via facsimile to 707-441-3502, or via email to<E T="03">comments-pacificsouthwest-six-rivers@fs.fed.us.</E>Please insure that “Smith River NRA Restoration and Motorized Travel Management” occurs in the subject line.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Christy Prescott, Team Leader. Phone: 707-442-1721, Email:<E T="03">comments-pacificsouthwest-six-rivers@fs.fed.us.</E>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Purpose and Need for Action</HD>
        <P>The purpose of the project is to make limited changes to the NFTS that enhance motorized recreation opportunities, dispersed recreation opportunities, and administrative access, while minimizing ecological and cultural resource risk. In addition, this project restores terrestrial and aquatic habitats impacted by unauthorized routes.</P>
        <HD SOURCE="HD1">Proposed Action</HD>
        <P>The Six Rivers National Forest proposes to make limited changes to the National Forest Transportation System (NFTS) in order to: provide motorized access to dispersed recreation opportunities (camping, hunting, fishing, hiking, horseback riding, etc.); provide a diversity of motorized recreation opportunities; to provide for administrative needs, and; to reduce ecological and cultural resource risk and maintenance costs. In addition, inventoried unauthorized routes (UAR) that pose a risk to ecological resources will be restored to reduce risk to resources.</P>
        <P>The Six Rivers National Forest (SRNF) proposes the following actions: 1)The addition of 28 unauthorized routes as roads, totaling 16 miles, to the current National Forest Transportation System (NFTS); 2) The addition of 45 unauthorized routes as motorized trails to the NFTS, totaling 44 miles; 3) The seasonal gate closure on 2 roads and 5 motorized trails, totaling 13 miles; 4) The mixed-use of 1 road (17N49), totaling 4 miles; 5) The decommissioning of 118 NFTS roads, totaling 57 miles, and; 6) The restoration of 173 UARs totaling 80 miles.</P>
        <P>The project encompasses the Smith River NRA and Gasquet Ranger District, exclusive of lands within congressionally designated Wilderness Areas, and is referred to collectively as the Smith River NRA. This decision will result in an update to the Motor Vehicle Use Map.</P>
        <P>State, County, and Smith River NRA OML 3, 4, and 5 roads are all main access roads on the NRA that accommodate passenger cars, and are not being considered in this analysis, with the exception of 17N49 which is an OML 3 road that is being proposed for mixed-use. Also not considered in this analysis are roads that were closed under previous NEPA decisions. No new construction would occur under this proposal, meaning lands previously undisturbed will not be considered for additions to the NFTS as roads or motorized trails.</P>
        <HD SOURCE="HD1">Responsible Official</HD>
        <P>The Forest Supervisor of the Six Rivers National Forest is the Responsible Official.</P>
        <HD SOURCE="HD1">Nature of Decision To Be Made</HD>
        <P>The Responsible Official will decide whether to adopt and implement the proposed action, an alternative to the proposed action, or take no action.</P>
        <HD SOURCE="HD1">Preliminary Issues</HD>
        <P>There are five areas of concern that have been identified through a previous public scoping effort. The public has expressed concern in how the project will affect motorized recreation, dispersed recreation, and economic values associated with travel management. Designation of unauthorized routes in Inventoried Roadless Areas (IRA) has also been identified as an issue of public interest on this project. There is public concern over how the project will affect the spread of Port Orford-cedar root disease. There is public concern over the potential health risks regarding the designation of new roads and motorized trails that overlay lands that may contain Naturally Occuring Asbestos. There is public concern regarding the projects potential effects on Federally listed endangered plant species and Forest Service Sensitive plant species.</P>
        <HD SOURCE="HD1">Permits or Licenses Required</HD>

        <P>Prior to implementation of the decision, the Forest will require a waiver from the North Coast Regional Water Quality Control Board. The<PRTPAGE P="23659"/>California Highway Patrol must approve all mixed-use designations.</P>
        <HD SOURCE="HD1">Scoping Process</HD>
        <P>This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. A public meeting will be held in Crescent City on May 9, 2012 to discuss the proposed action, and answer any questions the public may have regarding the project. It is important that reviewers provide their comments at such times and in such manner that they are useful to the agency's preparation of the environmental impact statement. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer's concerns and contentions. Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action.</P>
        <SIG>
          <DATED>Dated: April 2, 2012.</DATED>
          <NAME>Tyrone Kelley,</NAME>
          <TITLE>Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-8842 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-351-840]</DEPDOC>
        <SUBJECT>Revocation of Antidumping Duty Order: Certain Orange Juice From Brazil</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On February 1, 2011, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on certain orange juice (OJ) from Brazil.<SU>1</SU>
            <FTREF/>On April 13, 2012, the International Trade Commission (ITC) determined that revocation of this order would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).<SU>2</SU>
            <FTREF/>Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the antidumping duty order on OJ from Brazil.</P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">See Initiation of Five-Year (“Sunset”) Review,</E>76 FR 5563 (Feb. 1, 2011) (<E T="03">Initiation Notice</E>).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>2</SU>
              <E T="03">See Certain Orange Juice From Brazil,</E>77 FR 22343 (Apr. 13, 2012) (<E T="03">ITC Final</E>).</P>
          </FTNT>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>March 9, 2011.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Elizabeth Eastwood, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3874.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Scope of the Order</HD>
        <P>The scope of the order includes certain orange juice for transport and/or further manufacturing, produced in two different forms: (1) Frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for manufacture (FCOJM); and (2) pasteurized single-strength orange juice which has not been concentrated, referred to as not-from-concentrate (NFC). At the time of the filing of the petition, there was an existing antidumping duty order on frozen concentrated orange juice (FCOJ) from Brazil.<SU>3</SU>
          <FTREF/>Therefore, the scope of the order with regard to FCOJM covers only FCOJM produced and/or exported by those companies which were excluded or revoked from the pre-existing antidumping order on FCOJ from Brazil as of December 27, 2004. Those companies are Cargill Citrus Limitada, Coinbra Frutesp S.A.,<SU>4</SU>
          <FTREF/>Fischer S.A. Comercio, Industria, and Agricultura, Montecitrus Trading S.A., and Sucocitrico Cutrale, S.A.</P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See Antidumping Duty Order; Frozen Concentrated Orange Juice From Brazil,</E>52 FR 16426 (May 5, 1987).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>4</SU>The Department preliminarily found that Louis Dreyfus Commodities Agroindustrial S.A. (Louis Dreyfus) is the successor-in-interest to Coinbra Frutesp (SA).<E T="03">See Certain Orange Juice From Brazil: Preliminary Results of Antidumping Duty Administrative Review and Preliminary No Shipment Determination,</E>77 FR 21724 (Apr. 11, 2012).</P>
        </FTNT>
        <P>Excluded from the scope of the order are reconstituted orange juice and frozen concentrated orange juice for retail (FCOJR). Reconstituted orange juice is produced through further manufacture of FCOJM, by adding water, oils and essences to the orange juice concentrate. FCOJR is concentrated orange juice, typically at 42 Brix, in a frozen state, packed in retail-sized containers ready for sale to consumers. FCOJR, a finished consumer product, is produced through further manufacture of FCOJM, a bulk manufacturer's product.</P>
        <P>The subject merchandise is currently classifiable under subheadings 2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff Schedule of the United States (HTSUS). These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive. Rather, the written description of the scope of the order is dispositive.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>On March 9, 2006, the Department published in the<E T="04">Federal Register</E>an antidumping duty order on OJ from Brazil.<SU>5</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See Antidumping Duty Order: Certain Orange Juice from Brazil,</E>71 FR 12183 (Mar. 9, 2006).</P>
        </FTNT>

        <P>On February 1, 2011, the Department initiated, and the ITC instituted, a sunset review of the antidumping duty order on OJ from Brazil.<E T="03">See Initiation Notice.</E>As a result of its sunset review of this order, the Department found that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping.<SU>6</SU>
          <FTREF/>The Department notified the ITC of the magnitude of the margins likely to prevail were the antidumping duty order to be revoked.</P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See Certain Orange Juice From Brazil: Final Results of the Expedited Sunset Review of the Antidumping Duty Order,</E>76 FR 30655 (May 26, 2011).</P>
        </FTNT>
        <P>On April 13, 2012, the ITC determined, pursuant to section 751(c) of the Act, that revocation of this order would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See ITC Final</E>and USITC Publication 4311 (April 2012), titled<E T="03">Certain Orange Juice from Brazil</E>(Inv. No. 731-TA-1089).</P>
        </FTNT>
        <HD SOURCE="HD1">Revocation</HD>

        <P>As a result of the determination by the ITC that revocation of this order is not likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(d) of the Act, is revoking the antidumping duty order on OJ from Brazil. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is March 9, 2011 (<E T="03">i.e.,</E>the fifth anniversary of the date of publication in the<E T="04">Federal Register</E>of the antidumping duty order). The Department will notify U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after March 9, 2011, the effective date of revocation of the antidumping duty order. The Department will complete any pending administrative reviews of this order.</P>
        <P>This revocation and notice are issued in accordance with section 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act.</P>
        <SIG>
          <PRTPAGE P="23660"/>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9592 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-570-806]</DEPDOC>
        <SUBJECT>Silicon Metal From the People's Republic of China: Continuation of Antidumping Duty Order</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>As a result of determinations by the Department of Commerce (“the Department”) and the International Trade Commission (“ITC”) that revocation of the antidumping duty order on silicon metal from the People's Republic of China (“PRC”) would be likely to lead to continuation or recurrence of dumping and of material injury to an industry in the United States, respectively, the Department is publishing notice of the continuation of the antidumping duty order.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>April 20, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rebecca Pandolph or Howard Smith, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3627 or (202) 482-5193, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On November 1, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on silicon metal from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”).<SU>1</SU>
          <FTREF/>The Department conducted an expedited sunset review of the order.<SU>2</SU>
          <FTREF/>As a result of its review, the Department found that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and, thus, notified the ITC of the magnitude of the margins likely to prevail if the order were revoked.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See Initiation of Five-Year</E>(“<E T="03">Sunset”</E>)<E T="03">Review,</E>76 FR 67412 (November 1, 2011) (“<E T="03">Sunset Initiation”</E>);<E T="03">see also</E>
            <E T="03">Antidumping Duty Order: Silicon Metal From the People's Republic of China,</E>56 FR 26649 (June 10, 1991).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See Silicon Metal From the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order,</E>77 FR 10477 (February 22, 2012).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>On April 5, 2012, the ITC published its determination, pursuant to section 751(c) of the Act, which stated that revocation of the antidumping duty order on silicon metal from the PRC would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See Silicon Metal From China,</E>77 FR 20649 (April 5, 2012).</P>
        </FTNT>
        <HD SOURCE="HD1">Scope of the Order</HD>
        <P>Imports covered by this order are shipments of silicon metal containing at least 96.00 but less than 99.99 percent of silicon by weight. Also covered by this order is silicon metal from the PRC containing between 89.00 and 96.00 percent silicon by weight but which contains a higher aluminum content than the silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight. Silicon metal is currently provided for under subheadings 2804.69.10 and 2804.69.50 of the Harmonized Tariff Schedule (HTS) as a chemical product, but is commonly referred to as a metal. Semiconductor-grade silicon (silicon metal containing by weight not less than 99.99 percent of silicon and provided for in subheading 2804.61.00 of the HTS) is not subject to this order. Although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.</P>
        <HD SOURCE="HD1">Continuation of the Order</HD>
        <P>As a result of determinations by the Department and the ITC that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on silicon metal from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.</P>

        <P>The effective date of continuation of the order will be the date of publication in the<E T="04">Federal Register</E>of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. The five-year (sunset) review and this notice are issued and published in accordance with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(f)(4).</P>
        <SIG>
          <DATED>Dated: April 11, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9347 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Application(s) for Duty-Free Entry of Scientific Instruments</SUBJECT>
        <P>Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.</P>
        <P>Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before May 10, 2012. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720.</P>
        <P>
          <E T="03">Docket Number:</E>12-011.<E T="03">Applicant:</E>Cornell University, 120 Baker Lab, Ithaca, NY 14853.<E T="03">Instrument:</E>Pixel Array Detector.<E T="03">Manufacturer:</E>Dectris Ltd., Switzerland.<E T="03">Intended Use:</E>This instrument will be used to determine the composition of molecules and visualizing their interaction sat the molecular level. Pertinent characteristics of this instrument include shutterless data collection, low noise, high dynamic range, high readout speed and very fine phi slicing, not available in conventional charge-coupled device detectors.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 22, 2012.</P>
        <P>
          <E T="03">Docket Number:</E>12-017.<E T="03">Applicant:</E>Argonne National Laboratory, 9700 South Cass Avenue, Lemont, IL 60439.<E T="03">Instrument:</E>Pilatus 100K-S Detector.<E T="03">Manufacturer:</E>Dectris Ltd., Switzerland.<E T="03">Intended Use:</E>This instrument will be used to measure time evolution of x-ray diffraction signals from a variety of materials, including complex oxides and to determine the time-dependent atomic arrangements in those materials. Pertinent characteristics of this<PRTPAGE P="23661"/>instrument include photon energy discrimination and gateable counting. The instrument also has a faster readout speed and better dynamic range than other detectors.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 22, 2012.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Gregory Campbell,</NAME>
          <TITLE>Director, IA Subsidies Enforcement Office.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9607 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XB131</RIN>
        <SUBJECT>Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of a public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The SEDAR Steering Committee will meet via webinar to discuss the SEDAR process and assessment schedule. See<E T="02">SUPPLEMENTARY INFORMATION</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The SEDAR Steering Committee will meet on Friday, May 18, 2012, from 9 a.m. to 1 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact John Carmichael at SEDAR (See<E T="02">FOR FURTHER INFORMATION CONTACT</E>) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of the meeting.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>John Carmichael, Science and Statistics Program Manager, SAFMC, 4055 Faber Place, Suite 201, North Charleston, SC 29405; telephone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email:<E T="03">john.carmichael@safmc.net.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The South Atlantic, Gulf of Mexico, and Caribbean Fishery Management Councils; in conjunction with NOAA Fisheries, the Atlantic States Marine Fisheries Commission, and the Gulf States Marine Fisheries Commission; implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks. The SEDAR Steering Committee provides oversight of the SEDAR process, establishes assessment priorities, and provides coordination of assessment and management activities. During this meeting the Steering Committee will discuss the SEDAR process and assessment schedule for 2014-18.</P>
        <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
        <HD SOURCE="HD1">Special Accommodations</HD>

        <P>The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the South Atlantic Fishery Management Council office (see<E T="02">ADDRESSES</E>) at least 10 business days prior to the meeting.</P>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9538 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XB163</RIN>
        <SUBJECT>Western Pacific Fishery Management Council; Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of a public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Western Pacific Fishery Management Council (Council) will hold the Eighth Meeting of its Sea Turtle Advisory Committee (STAC) in Honolulu, HI.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The STAC meeting will be held on Wednesday, May 23, 2012, from 8:30 a.m. to 5:30 p.m. and Thursday, May 24, 2012, from 8:30 a.m. to 12:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Council Office Conference Room, 1164 Bishop Street, Suite 1400, Honolulu, HI; telephone: (808) 522-8220.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kitty M. Simonds, Executive Director; telephone: (808) 522-8220.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The STAC will review the Council's 2011 sea turtle conservation projects and other relevant activities and may produce recommendations for future program direction.</P>
        <HD SOURCE="HD1">Agenda</HD>
        <HD SOURCE="HD2">8:30 a.m., Wednesday, May 23, 2012</HD>
        <P>1. Introduction.</P>
        <P>2. Approval of the Agenda.</P>
        <P>3. Review of Recommendations from the Seventh STAC Meeting.</P>
        <P>4. Overview of 2011-2012 Council Sea Turtle Program.</P>
        <P>5. Review of 2011 Sea Turtle Projects.</P>
        <P>6. Update of Sea Turtle Interactions in Hawaii-based Fisheries.</P>
        <P>7. Overview of Agency Activities.</P>
        <P>8. Other Projects and Issues of Interest.</P>
        <HD SOURCE="HD2">8:30 a.m., Thursday, May 24, 2012</HD>
        <P>9. Review of the Past Ten Years and Looking Forward to the Next Ten Years.</P>
        <P>10. Public Comment.</P>
        <P>11. Recommendations from the STAC.</P>
        <P>12. Next Meeting and Meeting Wrap-up.</P>
        <P>The order in which agenda items are addressed may change. The Committee will meet as late as necessary to complete scheduled business.</P>
        <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
        <HD SOURCE="HD1">Special Accommodations</HD>
        <P>These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <PRTPAGE P="23662"/>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9539 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XB170</RIN>
        <SUBJECT>Mid-Atlantic Fishery Management Council; Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of a public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Social and Economic Sub-Committee of the Mid-Atlantic Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) will meet with the Council's Atlantic Mackerel, Squid, and Butterfish Advisory Panel (AP). The purpose of the meeting is to develop Fishery Performance Reports for the Atlantic Mackerel, Squid, and Butterfish fisheries in preparation for setting specifications for 2013.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on Monday, May 7, 2012, from 8:30 a.m. to 6 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Four Points by Sheraton BWI, 7032 Elm Road, Baltimore, MD 21240; telephone: (410) 859-3300.</P>
          <P>
            <E T="03">Council address:</E>Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Christopher M. Moore Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526-5255.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The purpose of the meeting is to create fishery performance reports by the Council's Atlantic Mackerel, Squid, and Butterfish Advisory Panel (AP). The intent of these reports is to facilitate a venue for structured input from the Advisory Panel members for the Atlantic Mackerel, Squid, and Butterfish specifications process, including recommendations by the Council and its Scientific and Statistical Committee (SSC).</P>
        <P>Although non-emergency issues not contained in this notice may come before this group for discussion, those issues may not be the subject of formal action during this meeting.</P>
        <HD SOURCE="HD3">Special Accommodations:</HD>
        <P>The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office, (302) 526-5251, at least 5 days prior to the meeting date.</P>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9540 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN  0648-XB171</RIN>
        <SUBJECT>North Pacific Fishery Management Council; Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of a public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The North Pacific Fishery Management Council's (NPFMC) Crab Plan Team (CPT) will meet in May in Anchorage, AK.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held May 7-10, 2012, from 9 a.m. to 5 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Anchorage Hilton Hotel, 500 West Third Avenue, Dillingham Room, Anchorage, AK.</P>
          <P>
            <E T="03">Council address:</E>North Pacific Fishery Management Council, 605 W. 4th Avenue, Suite 306, Anchorage, AK  99501-2252.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Diana Stram, NPFMC; telephone: (907) 271-2809.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Plan Team meeting agenda includes:  Review of workshop reports on modeling and recruitment and recommendations on recruitment time frames for B<E T="52">MSY</E>, Tanner crab model review and recommendations on use in specifications in 2012/13, review of rebuilding projections for Tanner crab, final OFL and ABC specification for Norton Sound red king crab, Aleutian Islands golden king crab, Pribilof Islands golden king crab and Adak red king crab for 2012/13,review data for AIGKC model and plans for model review in September, recommend appropriate stock boundary for the Pribilof Islands blue king crab stock, review of methodology to set OFL for St Matthew and Pribilof Islands blue king crab stocks, snow crab model proposals for 2012/13, discuss proposed crab bycatch limits in groundfish fisheries, handling mortality study, B<E T="52">MSY</E>study, growth and maturity study, economic SAFE report overview, and Bristol Bay red king crab spawning effects paper.</P>

        <P>The Agenda is subject to change, and the latest version will be posted at<E T="03">http://www.fakr.noaa.gov/npfmc/PDFdocuments/membership/PlanTeam/Crab/CPTagenda512.pdf.</E>
        </P>
        <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting.  Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
        <HD SOURCE="HD1">Special Accommodations</HD>
        <P>These meetings are physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen at (907) 271-2809 at least 7 working days prior to the meeting date.</P>
        <SIG>
          <DATED>Dated:  April 17, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9541 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>United States Patent and Trademark Office</SUBAGY>
        <DEPDOC>[Docket No. PTO-P-2012-0012]</DEPDOC>
        <SUBJECT>Notice of Request for Comments on the Feasibility of Placing Economically Significant Patents Under a Secrecy Order and the Need To Review Criteria Used in Determining Secrecy Orders Related to National Security</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States Patent and Trademark Office, Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Pursuant to a request from Congress, the United States Patent and Trademark Office (USPTO) is seeking comments as to whether the United States should identify and bar from<PRTPAGE P="23663"/>publication and issuance certain patent applications as detrimental to the nation's economic security. The USPTO is also seeking comments on the desirability of changes to the existing procedures for reviewing applications that might be detrimental to national security.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Those wishing to submit written comments should submit those comments for consideration by<E T="03">June 19, 2012.</E>
          </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments should be sent by electronic mail message via the Internet addressed to<E T="03">SecrecyOrder.Comments@USPTO.gov</E>. Comments may also be submitted by mail addressed to: Mail Stop Congressional Relations, Attention: Jim Moore, P.O. Box 1450, Alexandra, VA 22313-1450. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.</P>

          <P>After the comment period, the written comments will be available for public inspection at the Office of Policy and External Affairs in the Executive Library located in the Madison West Building, 10th Floor, 600 Dulany Street, Alexandria, Virginia, 22314. Contact: Mona Scott at<E T="03">mona.scott@uspto.gov</E>or (571) 272-5777.</P>

          <P>In addition, the comments from the public will also be available via the USPTO Internet Web site (address:<E T="03">http://www.uspto.gov</E>).</P>
          <P>Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number should not be included in the comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jim Moore, Office of Policy and External Affairs, by phone (571) 272-7300; by email at<E T="03">james.moore@uspto.gov;</E>or by mail addressed to: Mail Stop OPEA, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, ATTN: James Moore.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Recently, Congress has asked whether the currently performed screening of patent applications for national security concerns should be extended to protect economically significant patents from discovery by foreign entities. The Commerce, Justice, Science, and Related Agencies Subcommittee's report on the 2012 Appropriations Bill stated:</P>
        
        <EXTRACT>

          <P>“By statute, patent applications are published no earlier than 18 months after the filing date, but it takes an average of about three years for a patent application to be processed. This period of time between publication and patent award provides worldwide access to the information included in those applications. In some circumstances, this information allows competitors to design around U.S. technologies and seize markets before the U.S. inventor is able to raise financing and secure a market.”<E T="03">H.R. Rpt. 112-169, at page 18 (July 20, 2011)</E>
          </P>
        </EXTRACT>
        

        <P>The Subcommittee instructed the USPTO to proceed to study these issues, stating that the “PTO, in consultation with appropriate agencies, shall develop updated criteria to evaluate the national security applications of patentable technologies [and] to evaluate and update its procedures with respect to its review of applications for foreign filing licenses that could potentially impact economic security.”<E T="03">H.R. Rpt. 112-169, at page 19 (July 20, 2011)</E>In this context, the Subcommittee describes “economic security” as ensuring that the United States receives the first benefits of innovations conceived within this country, so as to promote domestic development, future innovation and continued economic expansion.</P>
        <P>To carry out this study, the USPTO is seeking comments from the innovation community on the question of whether an economic security screening procedure, which borrows from the current national security screening procedure, should be considered. The USPTO is also seeking comments on whether the criteria used in the national security screening procedure adequately perform the desired function.</P>
        <HD SOURCE="HD1">1. Background</HD>
        <HD SOURCE="HD2">A. Secrecy Orders</HD>
        <P>Currently, all patent applications are screened, pursuant to 35 U.S.C. 181, to determine whether the publication or disclosure of the application might be detrimental to national security. Such applications are routed to the Department of Defense and other agencies designated by the President as a “defense agency of the United States” for review prior to publication. The defense agency then makes a substantive determination as to whether the application in question should be placed under a secrecy order for such period as the national interest requires. These agencies also provide the USPTO with criteria used to determine what applications should be screened as well. The owner of an application which has been placed under a secrecy order has a statutory right to appeal from the order to the Secretary of Commerce.</P>

        <P>The criteria used to determine whether an application should be placed under a secrecy order for national security reasons have been set by numerous statutes, each controlling the disclosure of a certain type of subject matter. For example, all atomic energy information is classified pursuant to the Atomic Energy Act of 1954 unless a positive action is taken to declassify it. The regulations implementing the Atomic Energy Act are promulgated by the Department of Energy, and are set forth at 10 CFR Part 810. Other applicable statutes governing the movement of material or information to a destination outside the legal jurisdiction of the United States include the Arms Export Control Act of 1968 (22 U.S.C. 2751<E T="03">et seq.</E>), the Export Administration Act of 1979 (50 U.S.C. App. 2401-2420) (in force pursuant to the Presidential Notice of August 12, 2011, titled “Continuation of Emergency Regarding Export Control Regulations,” 76 Fed. Reg. 50661), and the Defense Authorization Act of 1984 (10 U.S.C. 130).</P>
        <HD SOURCE="HD2">B. Effects of Secrecy Orders on Foreign Patent Protection and Exports</HD>
        <P>A secrecy order severely restricts the applicant's ability to obtain patent coverage outside of the United States. A secrecy order prevents U.S. publication and patent issuance, pursuant to 35 U.S.C. 181 and 35 U.S.C. 122(b)(2)(A)(ii). A secrecy order also prevents any foreign or international filing of the application, with very limited exceptions as set forth in 37 CFR 5.5. An applicant having a patent application under a secrecy order in the United States who violates that order through publication, disclosure, or filing of a foreign patent application shall be subject to abandonment of the United States patent application, pursuant to 35 U.S.C. 182.</P>
        <P>Under 35 U.S.C. 184, foreign filings are prohibited for applications under secrecy orders without the concurrence of the reviewing agency that requested the secrecy order. For United States applicants desiring to file a patent application in a foreign country and maintain priority of invention back to the United States filing date, a foreign application for patent must be filed within one year of the United States filing date, in accordance with Article 4 of the Paris Convention. If the secrecy order is lifted after that one-year period, the United States applicant may file a patent application in a foreign country; however, applicant will not be accorded the priority of the United States filing date.</P>

        <P>Where a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order remains in effect (PCT Article 27(8) and 35 U.S.C. 368). If the<PRTPAGE P="23664"/>secrecy order remains in effect, the international application will be declared withdrawn (abandoned) because the Record Copy of the international application was not received in time by the International Bureau (37 CFR 5.3(d), PCT Article 12(3), and PCT Rule 22.3). It is, however, possible to prevent abandonment within the United States if the international application designates the United States under the requirements of 35 U.S.C. 371(c); see MPEP 1832.</P>
        <P>Additionally, a secrecy order based upon national security operates in tandem with United States export control as set forth by statute in the Export Administration Regulations, 15 U.S.C. 734.3(b)(1). The export of a product covered by one of the categories for which a patent application would be placed under a secrecy order is subject to control by the defense agency that regulates such subject matter. If a new category of secrecy order subject matter is to be created (economic security) the question of whether export of that subject matter would be regulated by a United States agency would need to be addressed. In such a case, a domestic entity having a patent application placed under an economic secrecy order could be restricted from exporting any product covered by that application until the secrecy order is lifted by the USPTO operating in concert with the relevant United States agency.</P>
        <HD SOURCE="HD2">C. Currently Available Procedures to Assist Maintaining Secrecy Until Patent Issuance</HD>
        <P>Many foreign jurisdictions publish full applications at eighteen months. Recent proposed legislation would instruct the United States Patent and Trademark Office to publish only an abstract of the application or otherwise amend 35 U.S.C. 122(b)(2)(B)(i). In the United States two procedures are available to prevent a patent application from publication.</P>
        <P>First, an applicant may request nonpublication of the application until such time as the application issues as a patent. Under 35 U.S.C. 122(b)(2)(B)(i), an applicant may request nonpublication upon filing of the patent application. An applicant making such a request must certify that the invention disclosed in the application has not and will not be the subject of an application filed in another country, or filed under a multilateral international agreement that requires publication of applications 18 months after filing.</P>
        <P>The second procedure that can prevent a patent application from publication is a secrecy order under 35 U.S.C. 181 and 35 U.S.C. 122(b)(2)(A)(ii). A secrecy order is a Governmental directive, rather than a private elective, which prevents an applicant from obtaining patent protection and makes the application secret until the Government deems it advisable to the application to proceed to issuance. A secrecy order is effective to restrict publication, disclosure, or filing of a foreign patent application, for such period as the national interest requires. In contrast, a nonpublication request restricts publication of the patent application only up to the date of the issuance of a patent, and may be rescinded by the applicant at an earlier date.</P>
        <P>An alternative to preventing publication of a patent application is to expedite its prosecution, which reduces the time between disclosure and patent issuance. Prioritized examination, as authorized by Section 11(h) of the Leahy-Smith America Invents Act, sets an aggregate time goal of 12 months for an application to reach final disposition, which may be a final rejection or an allowance of the claims. By submitting a request upon filing the patent application, accompanied by the proper fees, a patent applicant may potentially receive an issued patent prior to the 18-month publication date.</P>
        <HD SOURCE="HD1">2. Scope of Requested Comments</HD>
        <P>The Subcommittee has raised the concern of a potential risk of loss of competitive advantage during the period of time between publication and patent grant. Taking into account the current procedures through which an applicant may elect to defer publication of a patent application until patent issuance or expedite its prosecution, this Notice seeks to obtain feedback on whether the United States Government should institute a new regulatory scheme, modeled from that applied to national security concerns. This new procedure would institute a secrecy order that forbids applicants from disclosing subject matter deemed to be detrimental to national economic security for such period as the national interest requires.</P>
        <P>Interested members of the public are invited to submit written comments on issues that they believe relevant to whether, and under what circumstances, the United States should extend the current framework for placing patent applications under an order of secrecy to establish an additional screening program based on economic factors. The USPTO has not taken a position, nor is it predisposed to any particular views, on the following questions.</P>
        <P>
          <E T="03">Comments on one or more of the following would be helpful:</E>
        </P>
        <HD SOURCE="HD1">Questions on Economic Security-Based Secrecy Orders</HD>
        <P>1. Should the USPTO institute a plan to identify patent applications relating to critical technologies or technologies important to the United States economy to be placed under secrecy orders?</P>
        <P>2. Which governmental body should be designated by the President to provide the USPTO with the final determination as to which applications should receive this treatment?</P>
        <P>3. Which mechanisms should a governmental body use, at the time a patent application is filed, to determine that publication at 18-months of that particular application would be detrimental to national economic security?</P>
        <P>4. What criteria should be used in determining that dissemination of a patent application would be detrimental to national economic security such that an application should be placed under a secrecy order?</P>
        <P>5. Would regulations authorizing economic secrecy orders be covered by the current statutory authority provided to the USPTO, or would such orders require a new statutory framework?</P>
        <P>6. What would be the effect of establishing a new regulatory scheme based on economic security on businesses, industries, and the economy?</P>
        <P>7. How could Government agencies best perform such a determination while remaining in compliance with applicable laws and treaty obligations?</P>
        <P>8. How would such a policy affect the public notice function that underlies the policy of publication, including the ability of United States inventors and innovators to timely access the newest technical information upon which to build and stay ahead?</P>
        <P>9. What would be the impact on United States innovators, companies, and employers? How would such a secrecy order affect United States businesses that currently have substantial business operations or sales in foreign countries?</P>
        <P>10. Are the procedures currently available before the USPTO, such as nonpublication requests and prioritized examination, sufficient to minimize risks to applicants and allay concerns with 18-month publication of their invention? If not, why?</P>

        <P>11. What are the risks that an economic secrecy order regime would influence other nations to implement similar laws? Would the global implementation of an economic secrecy order regime benefit or hinder the<PRTPAGE P="23665"/>progress of innovation in the United States?</P>
        <P>12. How would such a secrecy order regime affect international efforts toward a more harmonized patent system?</P>
        <P>13. Should the USPTO consider limiting what is published at 18 months?</P>
        <P>This Notice also poses the following questions to determine the adequacy of the criteria used to place various technologies under secrecy orders for national security reasons.</P>
        <HD SOURCE="HD1">Questions on National Security-Based Secrecy Orders</HD>
        <P>14. How should criteria currently used by United States defense agencies to screen patent applications for potential national security-based secrecy orders pursuant to 35 U.S.C. 181 properly encompass the scope of invention, which may have a bearing on ensuring the United States maintains its technical advantages in defense-related fields?</P>
        <P>15. Are there examples where technologies that could relate to United States defense capabilities that were excluded from consideration for a secrecy order?</P>
        <P>16. What is the competitive cost to expanding the scope of the criteria used to screen applications for security order consideration?</P>
        <P>17. Among patent practitioners, is there a common practice of attempting to avoid consideration for a secrecy order by drafting the patent disclosure in such a way as to not raise national security implications of an invention?</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>David J. Kappos,</NAME>
          <TITLE>Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9503 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-16-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
        <SUBJECT>Procurement List Additions</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Committee for Purchase From People Who Are Blind or Severely Disabled.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Additions to the Procurement List.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action adds a product and service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>5/21/2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email<E T="03">CMTEFedReg@AbilityOne.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Additions</HD>
        <P>On 2/24/2012 (77 FR 11072-11073), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed additions to the Procurement List.</P>
        <P>After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the product and service and impact of the additions on the current or most recent contractors, the Committee has determined that the product and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.</P>
        <HD SOURCE="HD1">Regulatory Flexibility Act Certification</HD>
        <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:</P>
        <P>1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and service to the Government.</P>
        <P>2. The action will result in authorizing small entities to furnish the product and service to the Government.</P>
        <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the product and service proposed for addition to the Procurement List.</P>
        <HD SOURCE="HD1">End of Certification</HD>
        <P>Accordingly, the following product and service are added to the Procurement List:</P>
        <EXTRACT>
          <HD SOURCE="HD1">Product</HD>
          <FP SOURCE="FP-2">
            <E T="03">NSN:</E>6510-00-786-3736—Pad, Isopropyl Alcohol Impregnated, 1″ x 1.375″.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>Lighthouse of Central Florida, Orlando, FL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>Defense Logistics Agency Troop Support, Philadelphia, PA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Coverage:</E>C-List for 25% of the requirement of the Department of Defense, as aggregated by the Defense Logistics Agency Troop Support, Philadelphia, PA.</FP>
          <HD SOURCE="HD1">Service</HD>
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Janitorial Service, U.S. Coast Guard Sector New Orleans, 200 Hendee Street, New Orleans, LA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>The Arc of Greater New Orleans, Metairie, LA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>Department of Homeland Security, U.S. Coast Guard, SILC East, Norfolk, VA.</FP>
        </EXTRACT>
        <SIG>
          <NAME>Barry S. Lineback,</NAME>
          <TITLE>Director, Business Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9588 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6353-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
        <SUBJECT>Procurement List Proposed Additions</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Committee for Purchase From People Who Are Blind or Severely Disabled</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed additions to the Procurement List.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Committee is proposing to add services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
          <P>
            <E T="03">Comments Must be Received On or Before:</E>5/21/2012.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT:</HD>

          <P>Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email<E T="03">CMTEFedReg@AbilityOne.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.</P>
        <HD SOURCE="HD1">Additions</HD>
        <P>If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
        <HD SOURCE="HD1">Regulatory Flexibility Act Certification</HD>
        <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:</P>

        <P>1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance<PRTPAGE P="23666"/>requirements for small entities other than the small organizations that will provide the services to the Government.</P>
        <P>2. If approved, the action will result in authorizing small entities to provide the services to the Government.</P>
        <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the services proposed for addition to the Procurement List.</P>
        <P>Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information.</P>
        <HD SOURCE="HD1">End of Certification</HD>
        <P>The following services are proposed for addition to the Procurement List for production by the nonprofit agencies listed:</P>
        
        <EXTRACT>
          <HD SOURCE="HD2">Services</HD>
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Mailroom Operations, Official Mail Distribution Center, 1 Rock Island Arsenal, Building 132,  Rock Island, IL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>The Arc of the Quad Cities Area, Rock Island, IL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>Dept of the ARMY, W4MM USA Joint Munitions CMD, Rock Island, IL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Custodial Service, U.S. Army Corps of Engineer, U.S. Army Engineer Research and Development Center (ERDC), Lewisville Aquatic Ecosystem Research Facility (LAERF), 201 E. Jones Street, Lewisville, TX.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>Rising Star Resource Development Corporation, Dallas, TX</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>Dept of the Army, W2R2 USA ENGR R and D CTR, Vicksburg, MS.</FP>
        </EXTRACT>
        <SIG>
          <NAME>Barry S. Lineback,</NAME>
          <TITLE>Director, Business Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9589 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6353-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">CONSUMER PRODUCT SAFETY COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">Federal Register Citation of Previous Announcement:</HD>
          <P>Vol. 77, No. 72, Friday, April 13, 2012, page 22290.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Announced Time and Date of Meeting:</HD>
          <P>Wednesday, April 18, 2012, 10 a.m.-11 a.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Meeting Canceled:</HD>
          <P>For a recorded message containing the latest agenda information, call (301) 504-7948.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR ADDITIONAL INFORMATION:</HD>
          <P>Todd A. Stevenson, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 (301) 504-7923.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: April 18, 2012.</DATED>
          <NAME>Todd A. Stevenson,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9666 Filed 4-18-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 6355-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">CONSUMER PRODUCT SAFETY COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>Wednesday, April 25, 2012; 10 a.m.-11 a.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Hearing Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, Maryland.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Closed to the Public.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">Matter To Be Considered:</HD>
          <P/>
        </PREAMHD>
        <HD SOURCE="HD1">Compliance Status Report</HD>
        <P>The Commission staff will brief the Commission on the status of compliance matters. For a recorded message containing the latest agenda information, call (301) 504-7948.</P>
        <FURINF>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
          <P>Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7923.</P>
          <SIG>
            <DATED>Dated: April 18, 2012.</DATED>
            <NAME>Todd A Stevenson,</NAME>
            <TITLE>Secretary.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9688 Filed 4-18-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 6355-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">CORPORATION FOR NATIONAL AND COMMUNITY SERVICE</AGENCY>
        <SUBJECT>Information Collection; Submission for OMB Review, Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Corporation for National and Community Service.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Corporation for National and Community Service (the Corporation), has submitted a public information collection request (ICR) entitled Child Care Application for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Zachary Jackson, at (202) 606-6948 or email to<E T="03">zjackson@cns.gov.</E>Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in the<E T="04">Federal Register</E>:</P>
          <P>(1)<E T="03">By fax to:</E>(202) 395-6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; and</P>
          <P>(2)<E T="03">Electronically by email to: smar@omb.eop.gov.</E>
          </P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The OMB is particularly interested in comments which:</P>
        <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility;</P>
        <P>• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
        <P>• Propose ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
        <P>• Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>A 60-day public comment Notice was published in the<E T="04">Federal Register</E>on February 3rd, 2012. This comment period ended April 4th, 2012. No public comments were received from this Notice.</P>
        <P>
          <E T="03">Description:</E>The Corporation is seeking approval of a child care application which is used by AmeriCorps members and child care providers to obtain child care benefits.</P>
        <P>
          <E T="03">Type of Review:</E>New.</P>
        <P>
          <E T="03">Agency:</E>Corporation for National and Community Service.</P>
        <P>
          <E T="03">Title:</E>Child care application.</P>
        <P>
          <E T="03">OMB Number:</E>TBD.</P>
        <P>
          <E T="03">Agency Number:</E>None.</P>
        <P>
          <E T="03">Affected Public:</E>AmeriCorps members and child care providers for AmeriCorps members.</P>
        <P>
          <E T="03">Total Respondents:</E>750 members; 1,500 child care providers</P>
        <P>
          <E T="03">Frequency:</E>Once a year.</P>
        <P>
          <E T="03">Average Time per Response:</E>Average 30 minutes.<PRTPAGE P="23667"/>
        </P>
        <P>
          <E T="03">Estimated Total Burden Hours:</E>1,125 hours.</P>
        <P>
          <E T="03">Total Burden Cost (capital/startup):</E>None.</P>
        <P>
          <E T="03">Total Burden Cost (operating/maintenance):</E>None.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Idara Nickelson,</NAME>
          <TITLE>Chief of Program Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9512 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6050-$$-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Defense Advisory Committee on Military Personnel Testing; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Under Secretary of Defense for Personnel and Readiness, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Meeting notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting of the Defense Advisory Committee on Military Personnel Testing will take place.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Tuesday, May 22, 2012, from 8:30 a.m. to 4 p.m. and Wednesday, May 23, 2012, from 8:30 a.m. to 12 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Amalfi Hotel, 20 West Kinzie Street, Chicago, Illinois, 60654.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Committee's Designated Federal Officer or Point of Contact: Dr. Jane M. Arabian, Assistant Director, Accession Policy, Office of the Under Secretary of Defense (Personnel and Readiness), Room 3D1066, The Pentagon, Washington, DC 20301-4000, telephone (703) 697-9271.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>Purpose of the Meeting: The purpose of the meeting is to review planned changes and progress in developing computerized and paper-and-pencil tests for military enlistment. Agenda: The agenda includes an overview of current enlistment test development timelines and planned research for the next 3 years.</P>

        <P>Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Persons desiring to make oral presentations or submit written statements for consideration at the Committee meeting must contact Dr. Jane M. Arabian at the address or telephone number in<E T="02">FOR FURTHER INFORMATION CONTACT</E>no later than May 14, 2012.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Aaron Siegel,</NAME>
          <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9506 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense, Office of the Assistant Secretary of Defense.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Meeting notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal Advisory Committee meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (subsequently referred to as the Task Force) will take place.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Tuesday, May 15, 2012-Thursday, May 17, 2012, from 8 a.m. to 5 p.m. EDT, each day.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Holiday Inn &amp; Suites Alexandria—Historic District, 625 First Street, Alexandria, VA 22314.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mail Delivery service through Recovering Warrior Task Force, Hoffman Building II, 200 Stovall St., Alexandria, VA 22332-0021. “Mark as Time Sensitive for May Meeting”. Emails to<E T="03">rwtf@wso.whs.mil</E>. Denise F. Dailey, Designated Federal Officer; Telephone (703) 325-6640. Fax (703) 325-6710.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Meeting:</E>The purpose of the meeting is for the Task Force Members to convene, review site visits, gather information from briefers, and begin developing their annual report to the Secretary of Defense.</P>
        <P>
          <E T="03">Agenda:</E>(Please refer to<E T="03">http://dtf.defense.gov/rwtf/meetings.html</E>for the most up-to-date meeting information)</P>
        <HD SOURCE="HD1">Day 1: Tuesday, May 15, 2012</HD>
        <P>8-9:30 a.m.Site Visit Review. MCAGCC (29 Palms), Naval Medical Center—Portsmouth, and Iowa Joint Forces Headquarters.</P>
        <P>9:30-9:45 a.m.Break.</P>
        <P>9:45-10:45 a.m.National Institutes of Health, Electronic Health Records Review.</P>
        <P>10:45-11:45 a.m.Transition Assistance Program.</P>
        <P>11:45 a.m.x-12:45 p.m.Lunch.</P>
        <P>12:45-1:45 p.m.Air Force Programs for Wounded, Ill, and Injured Briefing.</P>
        <P>1:45-2 p.m.Break.</P>
        <P>2-3 p.m.2011 Recommendation Review. Review the 2011 Recommendations see what the Members want to consider resolved and what needs to be carried over into the next year.</P>
        <P>3-3:15 p.m.Break.</P>
        <P>3:15-5 p.m.Task Force Recommendation Development Review of Transition Outcomes, DoD/VA/Senior Oversight Committee Overall coordination between DoD and VA.</P>
        <P>5 p.m.Close.</P>
        <HD SOURCE="HD1">Day 2: Wednesday, May 16, 2012</HD>
        <P>8-8:30 a.m.Public Forum.</P>
        <P>8:30-9:30 a.m.Task Force Recommendation Development Review of Non-Medical Case Management.</P>
        <P>9:30-9:45 a.m.Break.</P>
        <P>9:45-10:45 a.m.Task Force Recommendation Development Review of Wounded Warrior Units and Programs.</P>
        <P>10:45-11:45 a.m.Task Force Recommendation Development Review of Medical Care Case management.</P>
        <P>11:45 a.m.-12:30 p.m.Lunch.</P>
        <P>12:30-2 p.m.Task Force Recommendation Development Review of Services for PTSD TBI.</P>
        <P>2-2:15 p.m.Break.</P>
        <P>2:15-4 p.m.Task Force Recommendation Development Review of Centers of Excellence.</P>
        <P>4-5 p.m.Task Force Recommendation Development Review of Interagency Program Office.</P>
        <HD SOURCE="HD1">Day 3: Thursday, May 17, 2012</HD>
        <P>8-8:30 a.m.Administration.</P>
        <P>8:30-9:30 a.m.Task Force Recommendation Development Review of Information Resources.</P>
        <P>9:30-9:45 a.m.Break.</P>
        <P>9:45-11 a.m.Task Force Recommendation Developments Review of Support to Family Care Givers.</P>
        <P>11 a.m.-12 p.m.Task Force Recommendation Development Review of Integrated Disability Evaluation System.</P>
        <P>12-1 p.m.Lunch.<PRTPAGE P="23668"/>
        </P>
        <P>1-2 p.m.Task Force Recommendation Development Review of Legal Support for IDES.</P>
        <P>2-3 p.m.Task Force Recommendation Development Review of Vocational Training.</P>
        <P>3-3:15 p.m.Break.</P>
        <P>3:15-4:30 p.m.Task Force Recommendation Development Review of Resources for Reserve Components.</P>
        <P>4:30-5 p.m.Wrap Up.</P>
        <P>
          <E T="03">Public's Accessibility to the Meeting:</E>Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis.</P>

        <P>Pursuant to 41 CFR 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements to the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces about its mission and functions. If individuals are interested in making an oral statement during the Public Forum time period, a written statement for a presentation of two minutes must be submitted (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>) and must identify it is being submitted for an oral presentation by the person making the submission. Identification information must be provided and at a minimum must include a name and a phone number. Individuals may visit the Task Force Web site at<E T="03">http://dtf.defense.gov/rwtf/</E>to view the Charter. Individuals making presentations will be notified by Friday, May 11, 2012. Oral presentations will be permitted only on Wednesday, May 16, 2012 from 8-8:30 a.m. EDT before the Task Force. The number of oral presentations will not exceed ten, with one minute of questions available to the Task Force members per presenter. Presenters should not exceed their two minutes.</P>
        <P>Written statements in which the author does not wish to present orally may be submitted at any time or in response to the stated agenda of a planned meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces.</P>

        <P>All written statements shall be submitted to the Designated Federal Officer for the Task Force through the contact information in<E T="02">FOR FURTHER INFORMATION CONTACT</E>, and this individual will ensure that the written statements are provided to the membership for their consideration.</P>

        <P>Statements, either oral or written, being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed in<E T="02">FOR FURTHER INFORMATION CONTACT</E>no later than 5 p.m. EDT, Wednesday, May 9, 2012 which is the subject of this notice. Statements received after this date may not be provided to or considered by the Task Force until its next meeting. Please mark mail correspondence as “Time Sensitive for May Meeting.”</P>
        <P>The Designated Federal Officer will review all timely submissions with the Task Force Co-Chairs and ensure they are provided to all members of the Task Force before the meeting that is the subject of this notice.</P>
        <P>Reasonable accommodations will be made for those individuals with disabilities who request them. Requests for additional services should be directed to Heather Jane Moore, (703) 325-6640, by 5 p.m. EDT, Wednesday, May 9, 2012.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Aaron Siegel,</NAME>
          <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9493 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Air Force</SUBAGY>
        <SUBJECT>GPS Satellite Simulator Working Group Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>The United States Air Force.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Meeting Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This meeting notice is to inform the public that the Global Positioning Systems (GPS) Directorate will be hosting an open GPS Satellite Simulator Working Group (SSWG) meeting for manufacturers of GPS constellation simulators utilized by the federal government on 17 May 2012 from 0730-1600 (Pacific Standard Time). The purpose of this meeting is to disseminate information about GPS simulators, discuss current and on-going efforts related to simulators and form a functioning GPS Satellite Simulator Working Group with industry and government participation.</P>
          <P>The GPS Satellite Simulator Working Group is open to any current manufacturer of GPS constellation satellite simulators who supply products to the Department of Defense. Please note that participants must possess a SECRET clearance to attend.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>We request that you register for this event no later than 8 May 2012. Please send the registration to<E T="03">justin.deifel@losangeles.af.mil</E>and<E T="03">wayne.urubio@losangeles.af.mil</E>and provide your name, organization, telephone number, address and security clearance information.</P>
          <SIG>
            <NAME>Wayne T. Urubio,</NAME>
            <TITLE>2nd Lieutenant, USAF, SMC/GPE, MUE Test Manager.</TITLE>
            <NAME>Henry Williams, Jr.,</NAME>
            <TITLE>DAF, Acting Air Force Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9556 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-10-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army; Corps of Engineers</SUBAGY>
        <SUBJECT>Intent To Prepare a Draft Environmental Impact Statement for a 20-Year Dredged Material Management Plan for the Atlantic Intracoastal Waterway from Port Royal Sound, South Carolina, to the Georgia-Florida Stateline</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, U.S. Army Corps of Engineers, DOD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Intent.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U. S. Army Corps of Engineers is the lead Federal agency for an evaluation of the maintenance dredging of the Atlantic Intracoastal Waterway (AIWW) from Port Royal Sound, South Carolina, southward to the Georgia-Florida state line. The Corps' Savannah District intends to prepare a Draft Environmental Impact Statement (DEIS) to analyze the impacts of the maintenance dredging of this portion of the AIWW, including disposal of dredged materials. The DEIS will update the project's 1976 EIS and will analyze the impacts that have occurred from periodic dredging events since 1976 to provide a baseline for evaluating projected impacts from implementing a new Dredged Material Management Plan (DMMP) over the next 20 years. The DEIS will evaluate the anticipated 20-year dredging needs and alternative disposal options, including using existing upland confined disposal areas and Ocean Dredged Material Disposal Sites (ODMDS), establishing new ODMDS, constructing new upland confined disposal areas, constructing confining structures on existing marsh disposal areas, and using open water disposal areas. In accordance with requirements of the National Environmental Policy Act, the Corps of Engineers hereby notifies the public that it is beginning preparation of a DEIS.</P>
        </SUM>
        <DATES>
          <PRTPAGE P="23669"/>
          <HD SOURCE="HED">DATES:</HD>
          <P>Questions or written comments about the proposed action and DEIS should be provided by May 21, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit comments to Mr. Charles W. Seyle, US Army Corps of Engineers, Savannah District, ATTN: PD, Post Office Box 889, Savannah, GA 31402 or email:<E T="03">CESAS-PD.SAS@usace.army.mil.</E>This Notice of Intent will be available on the internet at:<E T="03">http://www.sas.usace.army.mil/.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Charles W. Seyle at 912-652-6017.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Background. The AIWW between Savannah, Georgia, and Fernandina, Florida, was initially authorized by the Congress in 1882. The River and Harbor Act of 1937 provided for a 7-foot protected route around St. Andrew Sound, Georgia, and for a 12-foot channel between Beaufort, South Carolina and Savannah, Georgia. In 1938, a 12-foot channel was authorized between Savannah and Fernandina, Florida. The widths of the AIWW were to be 90 feet in land cuts and 150 feet in open waters. In addition to providing for the 12-foot channel between Beaufort and Fernandina, Congress imposed upon local interests the responsibility to furnish all lands or easements necessary for the 7-foot St. Andrews Sound channel and all necessary rights-of-way and dredged sediment disposal areas for new work and subsequent maintenance of the 12-foot channel between Beaufort and Fernandina. Work on the 12-foot channel between Beaufort and Fernandina was completed in 1941.</P>
        <P>Savannah District, US Army Corps of Engineers records provide historical dredging information between 1942 and 2011. These records show that many of the 36 defined AIWW reaches from Port Royal Sound, South Carolina, and the Georgia-Florida border are naturally 12 feet deep or deeper and have not required dredging since construction of the waterway in the 1940s. Twenty of the reaches require periodic dredging, and of these, five require dredging every 1 to 5 years. The southernmost Georgia reach is located near the U.S. Naval Submarine Base at Kings Bay, Georgia, and the Navy is responsible for maintaining this reach. Consequently, no Corps action will be analyzed in the DEIS for that reach.</P>
        <P>During previous dredging events along several reaches of the AIWW, dredged material that was primarily fine-grained silt was pumped onto unconfined saltmarsh disposal sites or into existing confined saltmarsh disposal sites. Material that was primarily coarse-grained sand was deposited in approved open-water disposal areas. State natural resource agencies have requested that the Corps discontinue placement of fine-grained dredged material on unconfined saltmarsh sites. The proposed DEIS would examine unconfined sediment placement on saltmarsh sites and identify locations where it would no longer be used and where its use may still be the least damaging practicable disposal method. The DMMP proposes to use a combination of new and existing disposal sites, open-water placement of sandy dredged material, and ODMDS for disposal of AIWW dredged material over the next 20 years.</P>
        <P>The DEIS will examine a wide range of environmental resource areas including, but not limited to, air quality, traffic, noise, biological resources, cultural resources, socio-economic resources, wetlands, land use, hazardous and toxic substances, and cumulative environmental effects.</P>
        <P>Significant issues to be analyzed in the DEIS will include potential impacts to water quality, marine and estuarine resources, wetlands, endangered species, cultural resources, commercial maritime interests, and recreational boating. Additional resources and conditions may be identified as a result of the scoping process initiated by this Notice of Intent (NOI).</P>
        <P>All reasonable alternatives will be analyzed in the DEIS. The range of alternatives will include, but are not limited to:</P>
        <P>• No Action (status quo);</P>
        <P>• Use existing confined dredged material containment areas;</P>
        <P>• Use existing Ocean Dredged Material Disposal Sites;</P>
        <P>• Establish new Ocean Dredged Material Disposal Sites;</P>
        <P>• Construct new confined dredged material containment areas.</P>

        <P>The DMMP will identify disposal alternatives for several of the critical reaches and the impacts of each of these alternatives will be analyzed in the DEIS. As a result of information developed during the DEIS scoping process, other alternatives may be considered. The DEIS will analyze each alternative's impact on the natural and cultural environments along the AIWW and the surrounding area. Mitigation measures to avoid or reduce environmental impacts will also be considered in the DEIS. The DEIS is presently scheduled for release in Summer 2012. However, this date may change. Notification of the availability of the document will be published in the<E T="04">Federal Register</E>and local newspapers.</P>
        <P>
          <E T="03">Scoping Process:</E>The Corps of Engineers invites tribal, federal, state and local agencies and the public to participate in the scoping process for preparation of the DEIS. The scoping process will help identify additional reasonable alternatives, potential environmental impacts, and key issues of concern to be analyzed in the DEIS.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>William G. Bailey,</NAME>
          <TITLE>Chief, Planning Division, Savannah District, US Army Corps of Engineers.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9578 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3730-58-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army; Corps of Engineers</SUBAGY>
        <SUBJECT>Public Hearing and Notice of Availability for the Draft Environmental Impact Statement for the Proposed Widening of the Pascagoula Lower Sound/Bayou Casotte Channel, Jackson County, MS</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, U.S. Army Corps of Engineers, DOD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>On April 6, 2011, the Jackson County Port Authority (JCPA) submitted an application to the U.S. Army Corps of Engineers (Corps), Mobile District, Mississippi Department of Environmental Quality (MDEQ) and the Mississippi Department of Marine Resources (MDMR) for authorization to impact wetlands and other waters of the United States associated with the proposed widening of the Pascagoula Lower Sound/Bayou Casotte Channel (the proposed project). The proposed project is located in the Pascagoula Lower Sound/Bayou Casotte, Pascagoula, Jackson County, Mississippi (Latitude 30.365° North, Longitude 88.556° West). The Corps prepared a Draft Environmental Impact Statement (DEIS) to assess the potential environmental impacts associated with the proposed project. The proposed project is the dredging of approximately 38,200 feet (7.2 miles) of the existing Pascagoula Lower Sound/Bayou Casotte Channel segment to widen the channel from the Federally authorized width of 350 feet and depth of −42 feet mean lower low water (MLLW) (with 2 feet of allowable over-depth and 2 feet of advanced maintenance) to a width of 450 feet, parallel to the existing channel centerline and to the existing Federally authorized depth of −42 feet MLLW. The proposed project would include the placement of approximately 3.35<PRTPAGE P="23670"/>million cubic yards of dredged material resulting from the channel modification.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Corps will hold a public hearing to receive comments on the DEIS. The public hearing will be held May 10, 2012, 6 p.m., Grand Magnolia Ballroom, 3604 Magnolia Street, Pascagoula, Mississippi.</P>
          <P>Written comments on the DEIS must be received no later than May 29, 2012.</P>

          <P>Additional Information on how to submit comments is included in the (<E T="02">SUPPLEMENTARY INFORMATION</E>) section.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Written and emailed comments to the Corps will be received until May 29, 2012. Correspondence concerning this Public Hearing should refer to Public Notice Number SAM-2011-00389-PAH and should be directed to the U.S. Army Engineer District, RD-C-M Attention: Mr. Philip Hegji, Post Office Box 2288, Mobile, Alabama 36628-0001, via email at<E T="03">philip.a.hegji@usace.army.mil</E>or by phone at (251) 690-3222. We encourage any additional comments from interested public, agencies and local officials. For additional information about our Regulatory Program, please visit our web site at:<E T="03">www.sam.usace.army.mil/rd/reg/.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Availability of the Draft EIS: The DEIS will be made available to the public April 13, 2012. The public hearing will be held May 10, 2012, during the 45-day public comment period for the DEIS.</P>
        <P>On April 6, 2011, the Jackson County Port Authority (JCPA) submitted an application to the U.S. Army Corps of Engineers (Corps), Mobile District, Mississippi Department of Environmental Quality (MDEQ) and the Mississippi Department of Marine Resources (MDMR) for authorization to impact wetlands and other waters of the United States associated with the proposed widening of the Pascagoula Lower Sound/Bayou Casotte Channel (the proposed project), Jackson County. The proposed project is located in the Pascagoula Lower Sound/Bayou Casotte, Pascagoula, Jackson County, Mississippi (Latitude 30.365° North, Longitude 88.556° West).</P>
        <P>The Corps prepared a Draft Environmental Impact Statement (DEIS) to assess the potential environmental impacts associated with the proposed project. The proposed project is the dredging of approximately 38,200 feet (7.2 miles) of the existing Pascagoula Lower Sound/Bayou Casotte Channel segment to widen the channel from the Federally authorized width of 350 feet and depth of −42 feet mean lower low water (MLLW) (with 2 feet of allowable over-depth and 2 feet of advanced maintenance) to a width of 450 feet, parallel to the existing channel centerline and to the existing Federally authorized depth of −42 feet MLLW. The proposed project would include the placement of approximately 3.35 million cubic yards of dredged material resulting from the channel modification.</P>
        <P>The JCPA requested a Department of the Army (DOA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899, Section 103 of the Marine Protection, Research and Sanctuaries Act and Section 404 of the Clean Water Act, including a Section 404(b)(1) analysis to help ensure compliance. The Corps is the lead Federal agency for the preparation of this DEIS in compliance with the requirements of the National Environmental Policy Act (NEPA) and the President's Council on Environmental Quality regulations for implementing NEPA. The National Marine Fisheries Service and the U.S. Coast Guard are cooperating agencies for the preparation of the EIS. This application was advertised by 30-day Public Notice April 15, 2011.</P>

        <P>On April 13, 2012, a copy of the DEIS will be available for public review. The DEIS is available to the public at:<E T="03">www.sam.usace.army.mil/rd/reg.</E>Hardcopies of the DEIS are available upon request from Mr. Philip A. Hegji, Corps Project Manager (contact information below). This document is being circulated to resource agencies and interested members of the public for a 45-day comment period ending May 29, 2012.</P>
        <P>A public hearing will be held at 7 p.m. Thursday, May 10, 2012, at the Grand Magnolia Ballroom at 3604 Magnolia Street, Pascagoula, Mississippi. The public hearing will be held to provide information about the proposed project and to receive public input and comments on the DEIS. The Corps invites full public participation to promote open communication on the issues surrounding the DEIS. In addition, participation by Federal, State, local agencies and other interested organizations is encouraged. Both oral and written statements will be accepted at the hearing. An informal open house will be held from 6 p.m. until 7 p.m. in the Grand Magnolia Ballroom to allow the public the opportunity to become familiar with the proposed project prior to the start of the formal hearing. Displays of the proposed project and associated impacts will be available. Representatives from the JCPA will be present to answer questions concerning the project and Corps representatives will be available to answer questions concerning the Corps regulatory process.</P>
        <P>The public hearing will be conducted in English. Those in need of language interpreters should contact the Corps' Public Involvement consultant, Crouch Environmental Services at (713) 868-1043, by Thursday, May 3, 2012.</P>
        <P>Any comments received at the hearing will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposed project. All comments will be considered in the final EIS pursuant to NEPA. Comments are also used to help determine the overall public interest of the proposed project. All comments must be received or postmarked by May 29, 2012 (19 days following the public hearing).</P>
        <SIG>
          <DATED>Dated: April 5, 2012.</DATED>
          <NAME>Cindy J. House-Pearson,</NAME>
          <TITLE>Chief, Regulatory Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9627 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3720-58-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army; Corps of Engineers</SUBAGY>
        <SUBJECT>Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for the Encinitas and Solana Beach Shoreline Protection Project, San Diego County, CA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, U.S. Army Corps of Engineers, DOD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Intent.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Los Angeles District intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to support a cost-shared feasibility study with the Cities of Encinitas and Solana Beach, CA, for shoreline protection along the coastline of these two cities. The purpose of the feasibility study is to evaluate alternatives for reducing shoreline erosion. The EIS/EIR will analyze potential impacts of the recommended plan and a range of alternatives for shoreline protection. Alternatives will include both structural and non-structural measures.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may also submit your concerns in writing to the city or the Los Angeles District at the address below. Comments, suggestions, and requests to be placed on the mailing list for announcements should be sent to Larry Smith, U.S. Army Corps of Engineers, Los Angeles District, P.O. Box 532711, Los Angeles, CA 90053-2325, or email to<E T="03">lawrence.j.smith@usace.army.mil.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For further information contact Mr. Larry Smith, Project Environmental<PRTPAGE P="23671"/>Coordinator, (213) 452-3846, or Ms. Susie Ming, Project Manager, (213) 452-3789.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Authorization: House Public Works Transportation Committee Resolution dated May 13, 1993. The Army Corps of Engineers intends to prepare an EIS/EIR to assess the environmental effects associated with proposed erosion mitigating measures in the study area.</P>
        <P>
          <E T="03">Study Area:</E>The study area is located along the Pacific Ocean coastline in the Cities of Encinitas and Solana Beach, San Diego County, CA. Encinitas is approximately 10 miles south of Oceanside Harbor, and 17 miles north of Point La Jolla. The City of Encinitas' shoreline, about 6 miles long, is bounded by Batiquitos Lagoon to the north and on the south by San Elijo Lagoon. The City of Solana Beach is bounded by San Elijo Lagoon to the north and on the south by the City of Del Mar. The City's shoreline is about 2 miles long for a total of about 8 miles of study area shoreline. A major portion of the shoreline segment consists of narrow sand and cobble beaches fronting nearshore bluffs. A small stretch of beach west of the San Elijo Lagoon is backed by Highway 101 (Pacific Coast Highway) and is the only segment of the beach not backed by coastal bluffs.</P>
        <P>
          <E T="03">Problems and Needs:</E>A number of public concerns have been identified including:</P>
        <P>1. Bluff erosion threatens property, including state and city owned lands, roads, railroads and infrastructure, as well as private residences atop the bluffs.</P>
        <P>2. Public safety due to episodic bluff failure.</P>
        <P>3. Closure of Old Highway 101 at Cardiff during storm events.</P>
        <P>4. Bluff toe erosion and curtailed recreation activity resulting from eroded beach conditions.</P>
        <P>
          <E T="03">Proposed Action and Alternatives:</E>The Los Angeles District will investigate and evaluate all reasonable alternatives to address the problems and needs identified above. In addition to the NO ACTION alternative, both structural (breakwaters, artificial reefs, groins, revetments, notch fills, and seawalls) and non-structural (best management practices, and beach nourishment) measures will be investigated.</P>
        <P>
          <E T="03">Previous Actions:</E>The Los Angeles District originally published a Notice of Intent for this project in the<E T="04">Federal Register</E>on September 20, 2001. A Notice of Availability of the Draft EIS/EIR was published in the<E T="04">Federal Register</E>on December 2, 2005. The project was modified following receipt of comments on the original Draft EIS/EIR. The modified project is the subject of this Notice of Intent.</P>
        <P>
          <E T="03">Scoping:</E>The scoping process is ongoing and has involved preliminary coordination with Federal, State, and local agencies. Two public scoping meetings are scheduled. The first on May 2, 2012, from 1 to 3 p.m. at City Hall, Poinsettia Room, 505 South Vulcan Avenue, Encinitas, CA. The second on May 2, 2012, from 6  to 8 p.m. at the Solana Beach City Hall, City Council Chamber, 635 South Highway 101, Solana Beach, CA. The public will have an opportunity to express opinions and raise any issues relating to the scope of the Feasibility Study and the EIS/EIR. The public as well as Federal, State, and local agencies are encouraged to participate by submitting data, information, and comments identifying relevant environmental and socioeconomic issues to be addressed in the study. Useful information includes other environmental studies, published and unpublished data, alternatives that could be addressed in the analysis, and potential mitigation measures associated with the proposed action. All comments enter into the public record. The scoping meetings will also serve as scoping meetings for the purposes of compliance with the California Environmental Quality Act (CEQA).</P>
        <P>
          <E T="03">Availability of the Draft EIS/EIR:</E>The Draft EIS/EIR is scheduled to be published and circulated in November 2012, and a public hearing to receive comments on the Draft EIS/EIR will be held after it is published.</P>
        <SIG>
          <DATED>Dated: April 9, 2012.</DATED>
          <NAME>Steven B. Sigloch, Jr.,</NAME>
          <TITLE>Lieutenant Colonel, U.S. Army, Acting Commander and Acting District Engineer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9579 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3720-58-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Availability of the Final Supplemental Environmental Impact Statement for the Disposal and Reuse of Hunters Point Naval Shipyard, San Francisco, CA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500-1508), the Department of the Navy (DoN) announces that it has prepared and filed the Final Supplemental Environmental Impact Statement (SEIS) evaluating the potential environmental consequences associated with the disposal and reuse of Hunters Point Naval Shipyard (HPS), San Francisco, California. The DoN is required to close HPS per Public Law 101-510, the Defense Base Closure and Realignment Act of 1990, as amended. This Notice of Availability (NOA) initiates a 30-calender day wait period and public review period for the Final SEIS, beginning the date that this NOA is published in the<E T="04">Federal Register</E>. During this time no federal decision on the proposed action shall be made or recorded. Following the 30-day wait/review period, as required by CEQ Regulations for Implementing NEPA, Sec. 1506.10(b)2, the DoN may make a decision on the proposed action and a Record of Decision (ROD) could be issued.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Director, BRAC PMO West, Attn: Mr. Ronald Bochenek, 1455 Frazee Road, Suite 900, San Diego, CA 92108-4310, telephone 619-532-0906, fax 619-532-9858, email:<E T="03">ronald.bochenek.ctr@navy.mil.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The DoN, as lead agency, has prepared and filed the Final SEIS for the Disposal and Reuse of HPS, San Francisco, California in accordance with the requirements of the NEPA of 1969 (42 U.S.C. 4321-4345) and its implementing regulations (40 CFR parts 1500-1508). A Notice of Intent for the SEIS was published in the<E T="04">Federal Register</E>on September 5, 2008 (<E T="04">Federal Register</E>/Vol. 73, No. 173 pgs 51797 and 51798/Friday, September 5, 2008/Notices). The purpose of the proposed action and the preferred alternative is the disposal of HPS from federal ownership (861 dry and submerged acres) and its subsequent reuse in a manner consistent with the amended HPS Redevelopment Plan as adopted by the San Francisco Redevelopment Agency (SFRA) on August 3, 2010. HPS Phase 1, comprising approximately 75 acres, was disposed of by the DoN in 2004 and is not part of the proposed project evaluated in the Final SEIS. The DoN is required to close HPS in accordance with Public Law 101-510, the Defense Base Closure and Realignment Act of 1990, as amended. In accordance with NEPA, before disposing of any real property, the DoN must analyze the environmental effects of the disposal of the HPS property.</P>

        <P>The environmental consequences resulting from the disposal and reuse of<PRTPAGE P="23672"/>HPS were previously evaluated by the DoN in the Final Environmental Impact Statement (FEIS) for the Disposal and Reuse of HPS, San Francisco, CA, March 2000. The DoN issued a ROD on November 29, 2000 indicating that disposal of HPS would be accomplished in a manner as set forth in the previous 1997 HPS Redevelopment Plan. The Final SEIS supplements the previous 2000 FEIS due to changes that have occurred to the proposed reuse plan since the DoN prepared the 2000 FEIS and 2000 ROD.</P>
        <P>The Final SEIS has identified and considered six reuse alternatives for HPS and a no action alternative. DoN disposal is assumed as part of each reuse alternative. The no action alternative assumes retention of the HPS property by the Government in a “caretaker status” and no reuse or redevelopment.</P>
        <P>Alternative 1 (“Stadium Plan Alternative”) would redevelop HPS with a wide range of uses including a mixed-use community with 2,650 residential units, retail (125,000 square feet (sq ft)), research and development (R&amp;D) (2.5 million sq ft), community services (50,000 sq ft), and parks and recreational open space (232 acres). A major component would include a new 69,000-seat football stadium. This alternative would also include a 300-slip marina, improvements to stabilize the shoreline, and a new bridge over Yosemite Slough. New infrastructure would serve the development as necessary.</P>
        <P>Alternative 1A (the “Stadium Plan/No Bridge Alternative”) includes the disposal of HPS by the DoN and its reuse with the same level, land use types, and density of development as Alternative 1, except that the Yosemite Slough bridge would not be constructed.</P>
        <P>Alternative 2 (the “Non-Stadium Plan/Additional R&amp;D Alternative”) includes many of the same components as Alternative 1 including 2,650 residential units, retail (125,000 sq ft), community services (50,000 sq ft), and parks and recreational open space (222 acres), a 300-slip marina, improvements to stabilize the shoreline, and a new bridge over Yosemite Slough. Under this alternative, a new football stadium would not be constructed. Instead, an additional 2.5 million sq ft, for a total of 5 million sq ft, of R&amp;D space would be developed.</P>
        <P>Alternative 2A (the “Non-Stadium Plan/Housing and R&amp;D Alternative”) includes a mix of uses including 4,275 residential units, retail (125,000 sq ft), R&amp;D (3 million sq ft), community services (50,000 sq ft), and parks and recreational open space (222 acres). This alternative would also include a 300-slip marina, improvements to stabilize the shoreline, and a new bridge over Yosemite Slough. No new football stadium would be constructed.</P>
        <P>Alternative 3 (the “Non-Stadium Plan/Additional Housing Alternative”) does not include a new stadium, but is comprised of a mix of land uses including 4,000 residential units, retail (125,000 sq ft), R&amp;D (2.5 million sq ft), community services (50,000 sq ft), and parks and recreational open space (245 acres). The alternative also includes a 300-slip marina, improvements to stabilize the shoreline, and a new bridge over Yosemite Slough.</P>
        <P>Alternative 4 (“the Non-Stadium Plan/Reduced Development Alternative”) includes a reduced density of development. Development proposed under this alternative includes 1,855 residential units, retail (87,500 sq ft), R&amp;D (1.75 million sq ft), community services (50,000 sq ft), and parks and recreational open space (245 acres). This alternative does not include a new stadium, a bridge over Yosemite Slough, a marina, nor shoreline stabilization.</P>
        <P>The “No Action Alternative” is required by NEPA and evaluates the impacts at HPS in the event that the property is not disposed. Under this alternative the property would be retained by the DoN in caretaker status. Existing leases would continue until they expire or are terminated, and no new leases would be executed. No reuse or redevelopment would occur under this alternative.</P>
        <P>For each alternative, the Final SEIS addresses the potential direct, indirect, short-term, and long-term impacts on the human and natural environments, including the following resource areas: Transportation, traffic, and circulation; air quality and greenhouse gases; noise; land use and recreation; visual resources and aesthetics; socioeconomics; hazards and hazardous substances; geology and soils; water resources; utilities; public services; cultural resources; biological resources; and environmental justice. The analysis also includes an analysis of cumulative impacts from other reasonably foreseeable federal, state, or local activities at and around HPS.</P>
        <P>In preparation of the SEIS, the DoN completed a public scoping period from September 5 to October 17, 2008, and held a public scoping meeting on September 23, 2008, to identify community concerns and local issues that should be addressed in the SEIS. Federal, state, and local agencies and interested parties provided oral and written comments to the DoN and identified specific issues or topics of environmental concern that should be addressed in the SEIS. In addition, the DoN facilitated community outreach activities to solicit additional comments and concerns and identified issues from interested community groups in 2009. The DoN considered the scoping and outreach comments in determining the scope of the SEIS.</P>

        <P>Following the public scoping period, the DoN released a Draft SEIS for public review and comment on February 23, 2011. The DoN published a NOA in the<E T="04">Federal Register</E>(<E T="04">Federal Register</E>/Vol. 76, No. 36 pgs 10012-10014/Wednesday, February 23, 2011/Notices) to announce the availability of the Draft SEIS and public comment period on February 23, 2011. In addition, the Draft SEIS NOA was also published in the San Francisco Chronicle and Oakland Tribune newspapers; mailed to agencies and interested members of the public; and posted to the DoN BRAC PMO Web site (<E T="03">http://www.bracpmo.navy.mil</E>).</P>
        <P>Copies of the Draft SEIS were circulated for review and comment to government agencies, local organizations, Native American tribes, and interested members of the public. The Draft SEIS was also made available at seven public locations, including six public libraries and the City Planning Department. Electronic copies were also posted to the DoN BRAC PMO Web site for download.</P>
        <P>The Draft SEIS was available for a 45-day public review period that began on February 23, 2011 and ended on May 6, 2011. A public hearing was conducted during the review period at the Southeast Community Facility, Alex L. Pitcher Community Room, 1800 Oakdale Avenue, San Francisco, CA 94124 on March 15, 2011, 5:30 to 8:30 p.m. The DoN considered all public comments received on the Draft SEIS and the Final SEIS has been revised, as appropriate, in response to all public comments. All Draft SEIS comments and the DoN responses are included in the Final SEIS.</P>
        <P>The Final SEIS has been distributed to various Federal, State, local agencies, and Native American tribes, as well as other interested individuals and organizations. In addition, copies of the Final SEIS have been distributed and are available at the following libraries and publicly accessible facilities for public review:</P>
        
        <FP SOURCE="FP-1">1. San Francisco Main Library, 100 Larkin Street, San Francisco, CA 94102.</FP>
        <FP SOURCE="FP-1">2. San Francisco State University Library, 1360 Holloway Avenue, San Francisco, CA 94132.</FP>

        <FP SOURCE="FP-1">3. Hastings Law Library, UC Hastings College of the Law, 200 McAllister<PRTPAGE P="23673"/>Street, 4th Floor, San Francisco, CA 94102.</FP>
        <FP SOURCE="FP-1">4. Jonsson Library of Government Documents, Cecil H. Green Library, Bing Wing, Stanford, CA 94305-6004.</FP>
        <FP SOURCE="FP-1">5. Institute of Governmental Studies Library, UC Berkeley, 109 Moses Hall, #2370, Berkeley, CA 94720.</FP>
        <FP SOURCE="FP-1">6. City Planning Department (By Appointment), 1650 Mission Street, Fourth Floor, San Francisco, CA 94103.</FP>
        

        <P>An electronic copy of the Final SEIS is also available for public viewing at<E T="03">http://www.bracpmo.navy.mil.</E>
        </P>

        <P>This NOA initiates a 30-calender day wait period and public review period for the Final SEIS, beginning the date that this NOA is published in the<E T="04">Federal Register</E>. Federal, State, and local agencies, as well as interested members of the public, are invited and encouraged to review the Final SEIS during this 30-calendar day period. During this time no federal decision on the proposed action shall be made or recorded. Following the 30-day wait/review period, per CEQ Regulations for Implementing NEPA, Sec. 1506.10(b)2, the DoN may make a decision on the proposed action and a ROD could be issued, completing the NEPA process. Following the DoN decision on the federal action and signature of the ROD, the DoN will publish a NOA for the ROD in the<E T="04">Federal Register</E>and the San Francisco Chronicle and Oakland Tribune newspapers; NOAs will be mailed to government agencies, local organizations, Native American tribes, and interested members of the public; and posted to the Navy BRAC PMO Web site.</P>

        <P>For further information contact: Director, BRAC PMO West, Attn: Mr. Ronald Bochenek, 1455 Frazee Road, Suite 900, San Diego, CA 92108-4310, telephone 619-532-0906, fax 619-532-9858, email:<E T="03">ronald.bochenek.ctr@navy.mil.</E>
        </P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>J.M. Beal,</NAME>
          <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9575 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Intent To Grant Exclusive Patent License; Aurora Technologies, LLC</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Navy hereby gives notice of its intent to grant to Aurora Technologies, LLC a revocable, nonassignable, exclusive license to practice in the United States, the Government-owned inventions described in Navy Case 101713 entitled Laser Treated Heat Transfer Surface.//Navy Case 101445 entitled Surface Enhancement Via Applied Laser Energy.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than May 7, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Written objections are to be filed with the Naval Surface Warfare Center, Crane Div, Code OOL, Bldg. 2, 300 Highway 361, Crane, IN 47522-5001.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, telephone 812-854-4100.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>35 U.S.C. 207, 37 CFR part 404.</P>
          </AUTH>
          <SIG>
            <NAME>J.M. Beal,</NAME>
            <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9573 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Availability of Government-Owned Inventions; Available for Licensing</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The inventions listed below are assigned to the United States Government, as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. Navy Case 101713: Laser Treated Heat Transfer Surface (an approach to increase surface area while maintaining the integrity of the substrate)//Navy Case 101445: Surface Enhancement Via Applied Laser Energy (a process to increase material surface area via application of laser energy).</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Written objections are to be filed with the Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, telephone 812-854-4100.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>35 U.S.C. 207, 37 CFR part 404.</P>
          </AUTH>
          <SIG>
            <DATED>Dated: April 13, 2012.</DATED>
            <NAME>J.M. Beal,</NAME>
            <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register  Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9572 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Stakeholder Meeting: Industry Roundtable—DON/USDA/DOE/DOT-FAA Advanced Drop-In Biofuels Initiative</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The United States Department of Navy (DoN) in conjunction with the U.S. Department of Agriculture (USDA), U.S. Department of Energy (DOE), and the U.S. Department of Transportation Federal Aviation Administration (DOT FAA), is hosting an industry roundtable with the full complement of participants in the biofuels supply chain. The purpose of the roundtable meeting is for the federal government to present further details on the partnership between the DoN, DoE, and USDA to construct or retrofit multiple commercial scale advanced biorefineries. Additional general information will be provided regarding the Defense Production Act (DPA) Title III, the Commodity Credit Corporation, and DoN's requirements for fuels. Federal government representatives will also be able to hear from stakeholders as to their abilities to meet such requirements and/or barriers to such success.</P>

          <P>This session is not intended to offer government insight, nor answer direct questions and receive comments on the DPA Title III Advanced Drop-In Biofuels Production Project. Questions related to the Special Notices or the pending Broad Agency Announcement (BAA) cannot be answered at this roundtable. All comments concerning the Special Notices on the pending BAA should be sent to<E T="03">TitleIIIBiofuels@wpafb.af.mil.</E>
          </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on Friday, May 18, 2012, from 8 a.m. to 5:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at USDA Jefferson Auditorium, USDA South Building, 14th and Independence, Washington, DC 20250.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>
            <E T="03">reg.adibir@Gmail.com.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <PRTPAGE P="23674"/>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The purpose of the roundtable meeting is for the federal government to present further details on the partnership between the DoN, DoE, and USDA to construct or retrofit multiple commercial scale advanced biorefineries. Additional general information will be provided regarding the DPA Title III, the Commodity Credit Corporation, and DoN's requirements for fuels.</P>

        <P>There is no cost; however, all attendees must register before May 11, 2012, for this Industry Roundtable via email<E T="03">reg.adibir@Gmail.com</E>with all of the following required information:</P>
        
        <FP SOURCE="FP-1">Name and Title:</FP>
        <FP SOURCE="FP-1">Corporate Affiliation:</FP>
        <FP SOURCE="FP-1">Address:</FP>
        <FP SOURCE="FP-1">Phone number:</FP>
        <FP SOURCE="FP-1">Email:</FP>
        <FP SOURCE="FP-1">Web site:</FP>
        <FP SOURCE="FP-1">Position on the Biofuels Production Value Chain: (feedstock provider, bio-refiner, finished products distributor, integrated effort, subject matter expert, financier, etc.)</FP>
        
        <P>Information and details concerning this Industry Roundtable (including maps and draft agenda) will be forwarded to those registered later.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>J.M. Beal,</NAME>
          <TITLE>Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9571 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
        <SUBJECT>Proposed Information Collection Requests: Measures and Methods for the National Reporting System for Adult Education</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Office of Vocational and Adult Education (OVAE) requests a revision to its data collection to assist states with the implementation of the currently approved automatic cohort designations that go into effect on July 1, 2012, for the follow-up measures related to student employment status, obtaining a secondary credential, and post-secondary transition.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Interested persons are invited to submit comments on or before June 19, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments regarding burden and/or the collection activity requirements should be electronically mailed to<E T="03">ICDocketMgr@ed.gov</E>or mailed to U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Copies of the proposed information collection request may be accessed from<E T="03">http://edicsweb.ed.gov,</E>by selecting the “Browse Pending Collections” link and by clicking on link number 04841. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to<E T="03">ICDocketMgr@ed.gov</E>or faxed to 202-401-0920. Please specify the complete title of the information collection and OMB Control Number when making your request.</P>
          <P>Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that Federal agencies provide interested parties an early opportunity to comment on information collection requests. The Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, publishes this notice containing proposed information collection requests at the beginning of the Departmental review of the information collection. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
        <P>
          <E T="03">Title of Collection:</E>Measures and Methods for the National Reporting System for Adult Education.</P>
        <P>
          <E T="03">OMB Control Number:</E>1830-0027.</P>
        <P>
          <E T="03">Type of Review:</E>Revision.</P>
        <P>
          <E T="03">Total Estimated Number of Annual Responses:</E>57.</P>
        <P>
          <E T="03">Total Estimated Number of Annual Burden Hours:</E>18,050.</P>
        <P>
          <E T="03">Abstract:</E>In the course of providing technical assistance to states for the implementation of the new cohorts, OVAE has determined that some revisions and clarifications need to be added to the data collection guidelines in order to assist states with implementation. These revisions and clarifications are highlighted in Chapter 1 on pages 2 through 4 of the National Reporting System Implementation Guidelines.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Tomakie Washington,</NAME>
          <TITLE>Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9515 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4000-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
        <SUBJECT>Submission for OMB Review; Comments Request: Consolidated State Performance Report (Part I and Part II)</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Consolidated State Performance Report (CSPR) is the required annual reporting tool for each State, Bureau of Indian Education, District of Columbia, and Puerto Rico as authorized under Section 9303 of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Interested persons are invited to submit comments on or before May 21, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments regarding burden and/or the collection activity requirements should be electronically mailed to<E T="03">ICDocketMgr@ed.gov</E>or mailed to U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Copies of the proposed information collection request may be accessed from<E T="03">http://edicsweb.ed.gov,</E>by selecting the “Browse Pending Collections” link and by clicking on link number 04804. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to<E T="03">ICDocketMgr@ed.gov</E>or faxed to 202-401-0920. Please specify the complete title of the information collection and OMB Control Number when making your request.</P>
          <P>Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Section 3506 of the Paperwork Reduction Act of<PRTPAGE P="23675"/>1995 (44 U.S.C. Chapter 35) requires that Federal agencies provide interested parties an early opportunity to comment on information collection requests. The Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management, publishes this notice containing proposed information collection requests at the beginning of the Departmental review of the information collection. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
        <P>
          <E T="03">Title of Collection:</E>Consolidated State Performance Report (Part I and Part II).</P>
        <P>
          <E T="03">OMB Control Number:</E>1810-0614.</P>
        <P>
          <E T="03">Type of Review:</E>Revision.</P>
        <P>
          <E T="03">Total Estimated Number of Annual Responses:</E>14,653.</P>
        <P>
          <E T="03">Total Estimated Number of Annual Burden Hours:</E>11,838.</P>
        <P>
          <E T="03">Abstract:</E>This submission requests a revision to the currently-approved CSPR collection. This submission includes technical amendments such as removing tables that are unnecessary and updating racial and ethnic subgroups to comply with the Office of Management and Budget directive on reporting racial and ethnic data. It also includes substantive changes such as adding one new question for the school year (SY) 2011-2012 collection and adding one new question and new subgroups for particular questions to the SY 2012-2013 collection.</P>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Tomakie Washington,</NAME>
          <TITLE>Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9514 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4000-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
        <SUBJECT>Applications for New Awards; Promise Neighborhoods Program—Implementation Grant Competition</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Innovation and Improvement, Department of Education.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <HD SOURCE="HD1">Overview Information; Promise Neighborhoods Program—Implementation Grant Competition; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2012</HD>
        <P>
          <E T="03">Catalog of Federal Domestic Assistance (CFDA) Number:</E>84.215N (Implementation grants).</P>
        <P>
          <E T="03">Dates: Applications Available:</E>April 20, 2012.</P>
        <P>
          <E T="03">Deadline for Notice of Intent To Apply:</E>June 8, 2012.</P>
        <P>
          <E T="03">Date of Pre-Application Webinars:</E>May 17, 2012, and June 14, 2012.</P>
        <P>
          <E T="03">Deadline for Transmittal of Applications:</E>July 27, 2012.</P>
        <P>
          <E T="03">Deadline for Intergovernmental Review:</E>September 25, 2012.</P>
        <HD SOURCE="HD1">Full Text of Announcement</HD>
        <HD SOURCE="HD1">I. Funding Opportunity Description</HD>
        <P>
          <E T="03">Purpose of Program:</E>The Promise Neighborhoods program is carried out under the legislative authority of the Fund for the Improvement of Education (FIE), title V, part D, subpart 1, sections 5411 through 5413 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7243-7243b). FIE supports nationally significant programs to improve the quality of elementary and secondary education at the State and local levels and to help all children meet challenging State academic content and student academic achievement standards.</P>
        <P>The purpose of the Promise Neighborhoods program is to significantly improve the educational and developmental outcomes of children and youth in our most distressed communities and to transform those communities by—</P>
        <P>(1) Identifying and increasing the capacity of eligible organizations (as defined in this notice) that are focused on achieving results for children and youth throughout an entire neighborhood;</P>
        <P>(2) Building a complete continuum of cradle-through- college-to-career solutions (continuum of solutions) (as defined in this notice) of both education programs and family and community supports (both as defined in this notice), with great schools at the center. All solutions in the continuum of solutions must be accessible to children with disabilities (CWD) (as defined in this notice) and English learners (ELs) (as defined in this notice);</P>
        <P>(3) Integrating programs and breaking down agency “silos” so that solutions are implemented effectively and efficiently across agencies;</P>
        <P>(4) Developing the local infrastructure of systems and resources needed to sustain and scale up proven, effective solutions across the broader region beyond the initial neighborhood; and</P>
        <P>(5) Learning about the overall impact of the Promise Neighborhoods program and about the relationship between particular strategies in Promise Neighborhoods and student outcomes, including through a rigorous evaluation of the program.</P>
        <P>
          <E T="03">Background:</E>The vision of this program is that all children and youth growing up in Promise Neighborhoods have access to great schools and strong systems of family and community support that will prepare them to attain an excellent education and successfully transition to college and a career.</P>
        <P>A Promise Neighborhood is both a place and a strategy. A place eligible to become a Promise Neighborhood is a geographic area that is distressed, often facing inadequate access to high-quality early learning programs and services, with struggling schools, low high-school and college graduation rates, high rates of unemployment, high rates of crime, and indicators of poor health. These conditions contribute to and intensify the negative outcomes associated with children and youth living in poverty. Children and youth who are from low-income families and grow up in neighborhoods of concentrated poverty face educational and life challenges above and beyond the challenges faced by children who are from low-income families who grow up in neighborhoods without a high concentration of poverty. A Federal evaluation of the reading and mathematics outcomes of elementary students in 71 schools in 18 districts and 7 States found that even when controlling for individual student poverty, there is a significant negative association between school-level poverty and student achievement.<SU>1</SU>

          <FTREF/>The evaluation found that students have lower academic outcomes when a higher percentage of their same-school peers qualify for free and reduced-priced lunch (FRPL) compared to when a lower percentage of their same-school<PRTPAGE P="23676"/>peers qualify for FRPL. The compounding effects of neighborhood poverty continue later in life: Another study found that, for children with similar levels of family income, growing up in a neighborhood where the number of families in poverty was between 20 and 30 percent increased the chance of downward economic mobility—moving down the income ladder relative to their parents—by more than 50 percent compared with children who grew up in neighborhoods with under 10 percent of families in poverty.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>Westat and Policy Studies Associates.<E T="03">The longitudinal evaluation of school change and performance (LESCP) in title I schools.</E>Prepared for the U.S. Department of Education. Available online at<E T="03">http://www2.ed.gov/offices/OUS/PES/esed/lescp_vol1.pdf</E>.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>Sharkey, Patrick. “Neighborhoods and the Black-White Mobility Gap.” Economic Mobility Project: An Initiative of The Pew Charitable Trusts, 2009.</P>
        </FTNT>
        <P>A Promise Neighborhood is also a strategy for addressing the issues in distressed communities. Promise Neighborhoods are led by organizations that work to ensure that all children and youth in the target geographic area have access to the continuum of solutions needed to graduate from high school ready for college and a career. Within these geographic areas, Promise Neighborhoods create a high level of participation in cradle-to-career supports for children and youth, where over time a greater proportion of the neighborhood is served by programs and neighborhood indicators show significant progress. For this reason, each Promise Neighborhood grantee must have several core features: (1) Significant need in the neighborhood the grant serves; (2) a strategy to build a continuum of solutions with strong schools at the center; and (3) the capacity to achieve results. As the proportion of neighborhood children, students, and families accessing services and attending great schools increases, the entire neighborhood will be positively affected.</P>

        <P>While there are a number of organizations and communities that are working on developing Promise Neighborhoods strategies, these entities are at different stages of readiness to create a Promise Neighborhood. We have established priorities, requirements, definitions, and selection criteria for both planning and implementation grants in a notice of final priorities, requirements, definitions, and selection criteria published in the<E T="04">Federal Register</E>on July 6, 2011 (76 FR 39590) (2011 Promise Neighborhoods NFP). The priorities, requirements, and selection criteria are different for planning grant and implementation grant applicants, while the definitions apply to both groups of applicants. This current notice invites applications for FY 2012 implementation grants. Elsewhere in this issue of the<E T="04">Federal Register</E>, we have published a notice inviting applications for FY 2012 planning grants.</P>
        <P>Planning grants will support eligible organizations that need to develop feasible plans to create a continuum of solutions with the potential to significantly improve the educational and developmental outcomes of children and youth in a neighborhood. These grants will support eligible organizations that demonstrate the need for creating a Promise Neighborhood in the geographic areas they are targeting, a sound strategy for developing a feasible plan to create a continuum of solutions, and the capacity to develop the plan.</P>
        <P>Under Absolute Priority 1 for planning grants, Promise Neighborhoods planning grantees generally must undertake the following activities during the planning year (the complete and exact requirements of the priority are specified elsewhere in the notice):</P>
        <P>(1) Conduct a comprehensive needs assessment and segmentation analysis (as defined in this notice) of children and youth in the neighborhood.</P>
        <P>(2) Develop a plan to deliver a continuum of solutions with the potential to drive results. This includes building community support for and involvement in the development of the plan.</P>
        <P>(3) Establish effective partnerships both to provide solutions along the continuum and to commit resources to sustain and scale up what works.</P>
        <P>(4) Plan, build, adapt, or expand a longitudinal data system that will provide information that the grantee will use for learning, continuous improvement, and accountability.</P>
        <P>(5) Participate in a community of practice (as defined in this notice).</P>
        <P>Implementation grants will support eligible organizations in carrying out their plans to create a continuum of solutions that will significantly improve the educational and developmental outcomes of children and youth in the target neighborhood. These grants will aid eligible organizations that have developed a plan that demonstrates the need for the creation of a Promise Neighborhood in the geographic area they are targeting, a sound strategy for implementing a plan for creating a continuum of solutions, and the capacity to implement the plan. More specifically, grantees will use implementation grant funds to develop the administrative capacity necessary to successfully implement a continuum of solutions, such as managing partnerships, integrating multiple funding sources, and supporting the grantee's longitudinal data system. While implementation grantees will be best positioned to determine the allocation of grant funds given the results of their needs assessments and plans to build their organizational capacity, the Department expects that the majority of resources to provide solutions within the continuum of solutions will come from public and private funding sources that are integrated and aligned with the Promise Neighborhoods strategy.</P>
        <P>Under Absolute Priority 1 for implementation grants, Promise Neighborhoods implementation grantees generally will undertake the following activities during the implementation years (the complete and exact requirements of the priority are specified elsewhere in the notice):</P>
        <P>(1) Implement a continuum of solutions that addresses neighborhood challenges, as identified through a needs assessment and segmentation analysis, and that will improve results for children and youth in the neighborhood.</P>
        <P>(2) Continue to build and strengthen partnerships that will provide solutions along the continuum of solutions and that will commit resources to sustain and scale up what works.</P>
        <P>(3) Collect data on indicators at least annually, and use and improve a longitudinal data system for learning, continuous improvement, and accountability.</P>
        <P>(4) Demonstrate progress on goals for improving systems, such as by making changes in policies and organizations, and by leveraging resources to sustain and scale up what works.</P>
        <P>(5) Participate in a community of practice (as defined in this notice).</P>
        <P>Considering the time and urgency required to dramatically improve outcomes of children and youth in our most distressed neighborhoods and to transform those neighborhoods, implementation grantees will establish both short- and long-term goals to define success.</P>

        <P>Consistent with the approach of the Promise Neighborhoods program, we believe that it is important for communities to develop a comprehensive neighborhood revitalization strategy that addresses neighborhood assets (as defined in this notice) that are essential to transforming distressed neighborhoods into healthy and vibrant communities of opportunity. Although not a proposed requirement for planning or implementation applicants, we believe that a Promise Neighborhood will be<PRTPAGE P="23677"/>most successful when it is part of, and contributing to, an area's broader neighborhood revitalization strategy. We believe that only through the development of such comprehensive neighborhood revitalization plans that embrace the coordinated use of programs and resources in order to effectively address the interrelated needs within a community will the broader vision of neighborhood transformation occur.</P>
        <P>Because a diverse group of communities could benefit from Promise Neighborhoods, the Secretary has established an absolute priority for applicants that propose to serve one or more rural communities (as defined in this notice) only and an absolute priority for applicants that propose to serve one or more Indian tribes (as defined in this notice).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>In developing their strategies for planning or implementing a continuum of solutions, applicants should be mindful of the importance of ensuring that all children, including infants and toddlers in the neighborhood, have an opportunity to benefit. For example, individuals with disabilities and English Learners, particularly recent immigrants, may encounter unique challenges that prevent them from accessing the benefits of a Promise Neighborhoods project.</P>
        </NOTE>
        
        <P>Successful applicants under this competition must comply with Federal civil rights laws that apply to recipients and sub-recipients of Federal financial assistance including: Title VI of the Civil Rights Act of 1964, as amended (prohibiting discrimination on the basis of race, color, or national origin); Section 504 of the Rehabilitation Act of 1973, as amended and Title II of the Americans with Disabilities Act of 1990, as amended (prohibiting discrimination on the basis of disability); Title IX of the Education Amendments of 1972, as amended (prohibiting discrimination on the basis of sex); and the Age Discrimination Act of 1975, as amended (prohibiting discrimination on the basis of age).</P>
        <P>Applicants, therefore, in designing their projects and preparing their required General Education Provisions Act (GEPA) section 427 assurance, will need to address barriers to participation for individuals, including individuals with disabilities and limited English proficiency, and must consider the steps they will take to ensure equitable participation of all children and families in the project, in compliance with civil rights obligations. (Section 427 requires each applicant to include in its application a description of the steps the applicant proposes to take to ensure equitable access to, and participation in, its federally assisted program for students, teachers, and other program beneficiaries with special needs.)</P>
        <P>
          <E T="03">Priorities:</E>This competition includes three absolute priorities, four competitive preference priorities, and one invitational priority that are explained in the following paragraphs. These priorities are from the 2011 Promise Neighborhoods NFP.</P>
        <P>
          <E T="03">Absolute Priorities:</E>For FY 2012 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that meet one or more of these absolute priorities.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Applicants must indicate in their application whether they are applying under Implementation Grant Priority 1 (Absolute), Implementation Grant Priority 2 (Absolute), or Implementation Grant Priority 3 (Absolute). An applicant that applies under Implementation Grant Priority 2 (Absolute) but is not eligible for funding under Implementation Grant Priority 2 (Absolute), or applies under Implementation Grant Priority 3 (Absolute) but is not eligible for funding under Implementation Grant Priority 3 (Absolute), may be considered for funding under Implementation Grant Priority 1 (Absolute).</P>
        </NOTE>
        <P>These priorities are:</P>
        <HD SOURCE="HD2">Implementation Grant Priority 1 (Absolute)</HD>
        <P>
          <E T="03">Submission of Promise Neighborhood Plan.</E>To meet this priority, an applicant must submit a plan to create a Promise Neighborhood. The plan must describe the need in the neighborhood, a strategy to build a continuum of solutions, and the applicant's capacity to achieve results. Specifically, an applicant must—</P>
        <P>(1) Describe the geographically defined area<SU>3</SU>
          <FTREF/>(neighborhood) to be served and the level of distress in that area based on indicators of need and other relevant indicators. The statement of need in the neighborhood must be based, in part, on results of a comprehensive needs assessment and segmentation analysis (as defined in this notice). Applicants may propose to serve multiple, non-contiguous geographically defined areas. In cases where target areas are not contiguous, the applicant must explain its rationale for including non-contiguous areas;</P>
        <FTNT>
          <P>
            <SU>3</SU>For the purposes of this notice, the Department uses the terms “geographic area” and “neighborhood” interchangeably.</P>
        </FTNT>
        <P>(2) Describe the applicant's strategy for building a continuum of solutions over time that addresses neighborhood challenges as identified in the needs assessment and segmentation analysis. The applicant must also describe how it has built community support for and involvement in the development of the plan. The continuum of solutions must be based on the best available evidence including, where available, strong or moderate evidence (as defined in this notice), and be designed to significantly improve educational outcomes and to support the healthy development and well-being of children and youth in the neighborhood. The strategy must be designed to ensure that over time, a greater proportion of children and youth in the neighborhood who attend the target school or schools have access to a complete continuum of solutions, and must ensure that over time, a greater proportion of children and youth in the neighborhood who do not attend the target school or schools have access to solutions within the continuum of solutions. The strategy must also ensure that, over time, students not living in the neighborhood who attend the target school or schools have access to solutions within the continuum of solutions.</P>
        <P>The success of the applicant's strategy to build a continuum of solutions will be based on the results of the project, as measured against the project indicators as defined in this notice and described in Table 1 and Table 2. In its strategy, the applicant must propose clear and measurable annual goals during the grant period against which improvements will be measured using the indicators. The strategy must—</P>
        <P>(a) Identify each solution that the project will implement within the proposed continuum of solutions, and must include—</P>
        <P>(i) High-quality early learning programs and services designed to improve outcomes across multiple domains of early learning (as defined in this notice) for children from birth through third grade;</P>

        <P>(ii) Ambitious, rigorous, and comprehensive education reforms that are linked to improved educational outcomes for children and youth in preschool through the 12th grade. Public schools served through the grant may include persistently lowest-achieving schools (as defined in this notice) or low-performing schools (as defined in this notice) that are not also persistently lowest-achieving schools. An applicant (or one or more of its partners) may serve an effective school or schools (as defined in this notice) but only if the applicant (or one or more of its partners) also serves at least one low-performing school (as defined in this notice) or persistently lowest-achieving school (as defined in this notice). An applicant must identify in its<PRTPAGE P="23678"/>application the public school or schools it would serve and describe the current status of reforms in the school or schools, including, if applicable, the type of intervention model being implemented. In cases where an applicant operates a school or partners with a school that does not serve all students in the neighborhood, the applicant must partner with at least one additional school that also serves students in the neighborhood. An applicant proposing to work with a persistently lowest-achieving school must include in its strategy one of the four school intervention models (turnaround model, restart model, school closure, or transformation model) described in Appendix C of the Race to the Top (RTT) notice inviting applications for new awards for FY 2010 that was published in the<E T="04">Federal Register</E>on November 18, 2009 (74 FR 59836, 59866).</P>
        <P>An applicant proposing to work with a low-performing school must include in its strategy ambitious, rigorous, and comprehensive interventions to assist, augment, or replace schools, which may include implementing one of the four school intervention models, or may include another model of sufficient ambition, rigor, and comprehensiveness to significantly improve academic and other outcomes for students. An applicant proposing to work with a low-performing school must include in its strategy an intervention that addresses the effectiveness of teachers and leaders and the school's use of time and resources, which may include increased learning time (as defined in this notice);</P>
        <NOTE>
          <HD SOURCE="HED">Note regarding school reform strategies:</HD>
          <P>So as not to penalize an applicant for proposing to work with an LEA that has implemented rigorous reform strategies prior to the publication of this notice, an applicant is not required to propose a new reform strategy in place of an existing reform strategy in order to be eligible for a Promise Neighborhoods implementation grant. For example, an LEA might have begun to implement improvement activities that meet many, but not all, of the elements of a transformation model of school intervention. In this case, the applicant could propose, as part of its Promise Neighborhood strategy, to work with the LEA as the LEA continues with its reforms.</P>
        </NOTE>
        
        <P>(iii) Programs that prepare students to be college- and career-ready; and</P>
        <P>(iv) Family and community supports (as defined in this notice).</P>
        <P>To the extent feasible and appropriate, the applicant must describe, in its plan, how the applicant and its partners will leverage and integrate high-quality programs, related public and private investments, and existing neighborhood assets into the continuum of solutions. An applicant must also include in its application an appendix that summarizes the evidence supporting each proposed solution and describes how the solution is based on the best available evidence, including, where available, strong or moderate evidence (as defined in this notice). An applicant must also describe in the appendix how and when—during the implementation process—the solution will be implemented; the partners that will participate in the implementation of each solution (in any case in which the applicant does not implement the solution directly); the estimated per-child cost, including administrative costs, to implement each solution; the estimated number of children, by age, in the neighborhood who will be served by each solution and how a segmentation analysis was used to target the children and youth to be served; and the source of funds that will be used to pay for each solution. In the description of the estimated number of children to be served, the applicant must include the percentage of all children of the same age group within the neighborhood proposed to be served with each solution, and the annual goals required to increase the proportion of children served to reach scale over time.</P>
        <P>An applicant must also describe in its plan how it will identify Federal, State, or local policies, regulations, or other requirements that would impede its ability to achieve its goals and how it will report on those impediments to the Department and other relevant agencies.</P>
        <P>As appropriate, considering the time and urgency required to dramatically improve outcomes of children and youth in our most distressed neighborhoods and to transform those neighborhoods, applicants must establish both short-term and long-term goals to measure progress.</P>
        <P>As part of the description of its strategy to build a continuum of solutions, the applicant must also describe how it will participate in, organize, or facilitate, as appropriate, communities of practice for Promise Neighborhoods;</P>
        <P>(b) Establish clear, annual goals for evaluating progress in improving systems, such as changes in policies, environments, or organizations that affect children and youth in the neighborhood. Examples of systems change could include a new school district policy to measure the results of family and community support programs, a new funding resource to support the Promise Neighborhoods strategy, or a cross-sector collaboration at the city level to break down municipal agency “silos” and partner with local philanthropic organizations to drive achievement of a set of results; and</P>
        <P>(c) Establish clear, annual goals for evaluating progress in leveraging resources, such as the amount of monetary or in-kind investments from public or private organizations to support the Promise Neighborhoods strategy. Examples of leveraging resources are securing new or existing dollars to sustain and scale up what works in the Promise Neighborhood or integrating high-quality programs in the continuum of solutions. Applicants may consider, as part of their plans to scale up their Promise Neighborhood strategy, serving a larger geographic area by partnering with other applicants to the Promise Neighborhoods program from the same city or region;</P>
        <P>(3) Explain how it used its needs assessment and segmentation analysis to determine the children with the highest needs and explain how it will ensure that children in the neighborhood receive the appropriate services from the continuum of solutions. In this explanation of how it used the needs assessment and segmentation analysis, the applicant must identify and describe in its application the educational indicators and family and community support indicators that the applicant used to conduct the needs assessment. Whether or not the implementation grant applicant received a Promise Neighborhoods planning grant, the applicant must describe how it—</P>
        <P>(a) Collected data for the educational indicators listed in Table 1 and used them as both program and project indicators;</P>
        <P>(b) Collected data for the family and community support indicators in Table 2 and used them as program indicators; and</P>
        <P>(c) Collected data for unique family and community support indicators, developed by the applicant, that align with the goals and objectives of the project and used them as project indicators or used the indicators in Table 2 as project indicators.</P>

        <P>An applicant must also describe how it will collect at least annual data on the indicators in Tables 1 and 2; establish clear, annual goals for growth on indicators; and report those data to the Department.<PRTPAGE P="23679"/>
        </P>
        <GPOTABLE CDEF="s150,r75" COLS="2" OPTS="L2,i1">
          <TTITLE>Table 1—Education Indicators and Results They Are Intended To Measure</TTITLE>
          <BOXHD>
            <CHED H="1">Indicator</CHED>
            <CHED H="1">Result</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">—# and % of children birth to kindergarten entry who have a place where they usually go, other than an emergency room, when they are sick or in need of advice about their health</ENT>
            <ENT>Children enter kindergarten ready to succeed in school.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—# and % of three-year-olds and children in kindergarten who demonstrate at the beginning of the program or school year age-appropriate functioning across multiple domains of early learning (as defined in this notice) as determined using developmentally appropriate early learning measures (as defined in this notice).</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—# and % of children, from birth to kindergarten entry, participating in center-based or formal home-based early learning settings or programs, which may include Early Head Start, Head Start, child care, or preschool.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—# and % of students at or above grade level according to State mathematics and reading or language arts assessments in at least the grades required by the ESEA (3rd through 8th and once in high school)</ENT>
            <ENT>Students are proficient in core academic subjects.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—Attendance rate of students in 6th, 7th, 8th, and 9th grade</ENT>
            <ENT>Students successfully transition from middle school grades to high school.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—Graduation rate (as defined in this notice)</ENT>
            <ENT>Youth graduate from high school.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—# and % of Promise Neighborhood students who graduate with a regular high school diploma, as defined in 34 CFR 200.19(b)(1)(iv), and obtain postsecondary degrees, vocational certificates, or other industry-recognized certifications or credentials without the need for remediation</ENT>
            <ENT>High school graduates obtain a postsecondary degree, certification, or credential.</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s150,r75" COLS="2" OPTS="L2,i1">
          <TTITLE>Table 2—Family and Community Support Indicators and Results They Are Intended To Measure</TTITLE>
          <BOXHD>
            <CHED H="1">Indicator</CHED>
            <CHED H="1">Result</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01" O="xl">—# &amp; % of children who participate in at least 60 minutes of moderate to vigorous physical activity daily; and</ENT>
            <ENT>Students are healthy.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—# &amp; % of children who consume five or more servings of fruits and vegetables daily; or</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—possible third indicator, to be determined (TBD) by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—# &amp; % of students who feel safe at school and traveling to and from school, as measured by a school climate needs assessment (as defined in this notice); or</ENT>
            <ENT>Students feel safe at school and in their community.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—possible second indicator, TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—Student mobility rate (as defined in this notice); or</ENT>
            <ENT>Students live in stable communities.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—possible second indicator, TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—For children birth to kindergarten entry, the # and % of parents or family members who report that they read to their child three or more times a week;</ENT>
            <ENT>Families and community members support learning in Promise Neighborhood schools.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—For children in the kindergarten through eighth grades, the # and % of parents or family members who report encouraging their child to read books outside of school; and</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—For children in the ninth through twelfth grades, the # and % of parents or family members who report talking with their child about the importance of college and career; or</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—possible fourth indicator TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—# &amp; % of students who have school and home access (and % of the day they have access) to broadband internet (as defined in this notice) and a connected computing device; or</ENT>
            <ENT>Students have access to 21st century learning tools.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">—possible second indicator TBD by applicant.</ENT>
          </ROW>
        </GPOTABLE>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The indicators in Table 1 and Table 2 are not intended to limit an applicant from collecting and using data for additional indicators. Examples of additional indicators are—</P>
        </NOTE>
        <P>(i) The # and % of children who participate in high-quality learning activities during out-of-school hours or in the hours after the traditional school day ends;</P>
        <P>(ii) The # and % of students who are suspended or receive discipline referrals during the year;</P>
        <P>(iii) The share of housing stock in the geographically defined area that is rent-protected, publicly assisted, or targeted for redevelopment with local, State, or Federal funds; and</P>
        <P>(iv) The # and % of children who are homeless or in foster care and who have an assigned adult advocate.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>While the Department believes there are many programmatic benefits of collecting data on every child in the proposed neighborhood, the Department will consider requests to collect data on only a sample of the children in the neighborhood for some indicators so long as the applicant describes in its application how it would ensure the sample would be representative of the children in the neighborhood;</P>
          <P>(4) Describe the experience and lessons learned, and describe how the applicant will build the capacity of its management team and project director in all of the following areas:</P>
          <P>(a) Working with the neighborhood and its residents, including parents and families that have children or other members with disabilities or ELs, as well as with the schools described in paragraph (2) of this priority; the LEA in which the school or schools are located; Federal, State, and local government leaders; and other service providers.</P>
        </NOTE>
        
        <P>(b) Collecting, analyzing, and using data for decision-making, learning, continuous improvement, and accountability. The applicant must describe—</P>
        <P>(i) Progress towards developing, launching, and implementing a longitudinal data system that integrates student-level data from multiple sources in order to measure progress on educational and family and community support indicators for all children in the neighborhood, disaggregated by the subgroups listed in section 1111(b)(3)(C)(xiii) of the ESEA;</P>

        <P>(ii) How the applicant has linked or made progress to link the longitudinal data system to school-based, LEA, and State data systems; made the data accessible to parents, families, community residents, program partners, researchers, and evaluators while abiding by Federal, State, and other<PRTPAGE P="23680"/>privacy laws and requirements; and managed and maintained the system;</P>
        <P>(iii) How the applicant has used rapid-time (as defined in this notice) data in prior years and, how it will continue to use those data once the Promise Neighborhood strategy is implemented, for continuous program improvement; and</P>
        <P>(iv) How the applicant will document the implementation process, including by describing lessons learned and best practices.</P>
        <P>(c) Creating and strengthening formal and informal partnerships, for such purposes as providing solutions along the continuum of solutions and committing resources to sustaining and scaling up what works. Each applicant must submit, as part of its application, a memorandum of understanding, signed by each organization or agency with which it would partner in implementing the proposed Promise Neighborhood. The memorandum of understanding must describe—</P>
        <P>(i) Each partner's financial and programmatic commitment; and</P>
        <P>(ii) How each partner's existing vision, theory of change (as defined in this notice), theory of action (as defined in this notice), and current activities align with those of the proposed Promise Neighborhood; and</P>
        <P>(d) The governance structure proposed for the Promise Neighborhood, including a system for holding partners accountable, how the eligible entity's governing board or advisory board is representative of the geographic area proposed to be served (as defined in this notice), and how residents of the geographic area would have an active role in the organization's decision-making.</P>
        <P>(e) Integrating funding streams from multiple public and private sources from the Federal, State, and local level. Examples of public funds include Federal resources from the U.S. Department of Education, such as the 21st Century Community Learning Centers program and title I of the ESEA, and from other Federal agencies, such as the U.S. Departments of Health and Human Services, Housing and Urban Development, Justice, Labor, and Treasury.</P>
        <P>(5) Describe the applicant's commitment to work with the Department, and with a national evaluator for Promise Neighborhoods or another entity designated by the Department, to ensure that data collection and program design are consistent with plans to conduct a rigorous national evaluation of the Promise Neighborhoods program and of specific solutions and strategies pursued by individual grantees. This commitment must include, but need not be limited to—</P>
        <P>(a) Ensuring that, through memoranda of understanding with appropriate entities, the national evaluator and the Department have access to relevant program and project data sources (e.g., administrative data and program and project indicator data), including data on a quarterly basis if requested by the Department;</P>
        <P>(b) Developing, in consultation with the national evaluator, an evaluation strategy, including identifying a credible comparison group (as defined in this notice); and</P>
        <P>(c) Developing, in consultation with the national evaluator, a plan for identifying and collecting reliable and valid baseline data for both program participants and a designated comparison group of non-participants.</P>
        <HD SOURCE="HD2">Implementation Grant Priority 2 (Absolute)</HD>
        <P>
          <E T="03">Promise Neighborhoods in Rural Communities</E>.</P>
        <P>To meet this priority, an applicant must propose to implement a Promise Neighborhood strategy that (1) meets all of the requirements in Absolute Priority 1; and (2) serves one or more rural communities only.</P>
        <HD SOURCE="HD2">Implementation Grant Priority 3 (Absolute)</HD>
        <P>
          <E T="03">Promise Neighborhoods in Tribal Communities</E>.</P>
        <P>To meet this priority, an applicant must propose to implement a Promise Neighborhood strategy that (1) meets all of the requirements in Absolute Priority 1; and (2) serves one or more Indian tribes (as defined in this notice).</P>
        <P>
          <E T="03">Competitive Preference Priorities:</E>For FY 2012, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award additional points to an application depending on how well the application meets Implementation Grant Priorities 4, 5, 6, or 7 (Competitive Preference). Applicants may address more than one of the competitive preference priorities; however, the Department will review and award points only for a maximum of two of the competitive preference priorities. Therefore, an applicant must identify in the project narrative section of its application the priority or the two priorities it wishes the Department to consider for purposes of earning the competitive preference priority points.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The Department will not review or award points under any competitive preference priority for an application that (1) fails to clearly identify the competitive preference priority or the two priorities it wishes the Department to consider for purposes of earning the competitive preference priority points, or (2) identifies more than two competitive preference priorities.</P>
        </NOTE>
        <P>These priorities are:</P>
        <HD SOURCE="HD2">Implementation Grant Priority 4 (Competitive Preference)</HD>
        <P>
          <E T="03">Comprehensive Local Early Learning Network (zero, one, or two points)</E>.</P>
        <P>To meet this priority, applications must include plans that propose to expand, enhance, or modify an existing network of early learning programs and services to ensure that they are high-quality and comprehensive for children from birth through the third grade. The plan must also ensure that the network establishes a high standard of quality across early learning settings and is designed to improve outcomes across multiple domains of early learning. Distinct from the early learning solutions described in paragraph (2) of Absolute Priority 1, this priority supports implementation plans that integrate various early learning services and programs in the neighborhood, i.e., school-based early learning programs in order to enhance the quality of such services and programs; locally- or State-funded preschool programs; Early Head Start and Head Start programs; the local child care resource and referral agency, if applicable; Individuals with Disabilities Education Act (IDEA) services and programs; services through private providers; home visiting programs; child care providers licensed by the State, including public and private providers and center-based care; and family, friend, or neighbor care in the Promise Neighborhood.</P>

        <P>The early learning network must address or incorporate ongoing State-level efforts regarding the major components of high-quality early learning programs and services, such as State early learning and development standards, program quality standards, comprehensive assessment systems, workforce and professional development systems, health promotion, family and community engagement, a coordinated data infrastructure, and a method of measuring, monitoring, evaluating, and improving program quality. For example, an applicant might address how the Promise Neighborhoods project will use the State's early learning standards, as applicable, and the Head Start Child Development and Early Learning Framework (Framework), as applicable, to define the expectations of what children should know and be able to do before entering kindergarten. The Framework is available on the Office of<PRTPAGE P="23681"/>Head Start's Web site at:<E T="03">http://eclkc.ohs.acf.hhs.gov/hslc/tta-system/teaching/eecd/Assessment/Child%20Outcomes/HS_Revised_Child_Outcomes_Framework(rev-Sept2011).pdf</E>. Similarly, an applicant that addresses this priority must discuss, where applicable, how it would align with the State's Quality Rating and Improvement System (QRIS), as applicable, professional development and workforce infrastructure, and other appropriate State efforts. In addition, the plan must include, to the extent practicable, early learning opportunities on multiple platforms (e.g., public television, Web-based, etc.) and in multiple locations (e.g., at home, at school, and at other community locations).</P>
        <NOTE>
          <HD SOURCE="HED">Note regarding accessibility of early learning programs and services:</HD>
          <P>These early learning opportunities must be fully accessible to individuals with disabilities, including individuals who are blind or have low vision; otherwise, the plans must describe how accommodations or modifications will be provided to ensure that the benefits of the early learning opportunities are provided to children and youth with disabilities in an equally effective and equally integrated manner.</P>
        </NOTE>
        <P>The implementation plan for a high-quality and comprehensive local early learning network must describe the governance structure and the major components of high-quality early learning programs and services as well as include goals, strategies, and benchmarks to provide early learning programs and services that result in improvements across multiple domains of early learning. The plan must result from a needs assessment and segmentation analysis (as defined in this notice) and must reflect input from a broad range of stakeholders. An application addressing this priority must designate an individual responsible for overseeing and coordinating the early learning initiatives and must include a resume or position description and other supporting documentation to demonstrate that the individual designated, or individual hired to carry out those responsibilities, possesses the appropriate State certification, and has experience and expertise in managing and administering high-quality early learning programs, including in coordinating across various high-quality early learning programs and services.</P>
        <HD SOURCE="HD2">Implementation Grant Priority 5 (Competitive Preference)</HD>
        <P>
          <E T="03">Quality Internet Connectivity (zero or one point)</E>.</P>
        <P>To meet this priority, an applicant must ensure that almost all students in the geographic area proposed to be served have broadband internet access (as defined in this notice) at home and at school, the knowledge and skills to use broadband internet access effectively, and a connected computing device to support schoolwork.</P>
        <HD SOURCE="HD2">Implementation Grant Priority 6 (Competitive Preference)</HD>
        <P>
          <E T="03">Arts and Humanities (zero or one point)</E>.</P>
        <P>To meet this priority, an applicant must include in its plan opportunities for children and youth to experience and participate actively in the arts and humanities in their community so as to broaden, enrich, and enliven the educational, cultural, and civic experiences available in the neighborhood. Applicants may include plans for offering these activities in school and in out-of-school settings and at any time during the calendar year.</P>
        <HD SOURCE="HD2">Implementation Grant Priority 7 (Competitive Preference)</HD>
        <P>
          <E T="03">Quality Affordable Housing (zero or one point)</E>.</P>
        <P>To meet this priority, an applicant must propose to serve geographic areas that were the subject of an affordable housing transformation pursuant to a Choice Neighborhoods or HOPE VI grant awarded by the U.S. Department of Housing and Urban Development during FY 2009 or later years. To be eligible under this priority, the applicant must either: (1) Be able to demonstrate that it has received a Choice Neighborhoods or HOPE VI grant; or (2) provide, in its application, a memorandum of understanding between it and a partner that is a recipient of a Choice Neighborhoods or HOPE VI grant. The memorandum must indicate a commitment on the part of the applicant and partner to coordinate implementation and align resources to the greatest extent practicable.</P>
        <P>
          <E T="03">Invitational Priority:</E>For FY 2012, this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.</P>
        <P>This priority is:</P>
        <HD SOURCE="HD2">Implementation Grant Priority 8 (Invitational)</HD>
        <P>
          <E T="03">Family Engagement in Learning Through Adult Education</E>.</P>
        <P>To meet this priority, an applicant must include a plan that is coordinated with adult education providers serving neighborhood residents, such as those funded through the Adult Education and Family Literacy Act. Coordinated services may include adult basic and secondary education and programs that provide training and opportunities for family members and other members of the community to support student learning and establish high expectations for student educational achievement. Examples of services and programs include preparation for the General Education Development (GED) test; English literacy, family literacy, and work-based literacy training; or other training that prepares adults for postsecondary education and careers, or supports adult engagement in the educational success of children and youth in the neighborhood.</P>
        <HD SOURCE="HD2">Definitions</HD>
        <P>The following definitions apply to this program:<E T="03">Broadband Internet access</E>means Internet access sufficient to provide community members with the Internet available when and where they need it and for the uses they require.</P>
        <P>
          <E T="03">Children with disabilities</E>or<E T="03">CWD</E>means individuals who meet the definition of<E T="03">child with a disability</E>in 34 CFR 300.8,<E T="03">infant or toddler with a disability</E>in 34 CFR 300.25,<E T="03">handicapped person</E>in 34 CFR 104.3(j), or disability as it pertains to an individual in 42 U.S.C. 12102.</P>
        <P>
          <E T="03">Community of practice</E>means a group of grantees that agrees to interact regularly to solve a persistent problem or improve practice in an area that is important to them and the success of their projects. Establishment of communities of practice under Promise Neighborhoods will enable grantees to meet, discuss, and collaborate with each other regarding grantee projects.</P>
        <P>
          <E T="03">Continuum of cradle-through-college-to-career solutions</E>or<E T="03">continuum of solutions</E>means solutions that—</P>
        <P>(1) Include programs, policies, practices, services, systems, and supports that result in improving educational and developmental outcomes for children from cradle through college to career;</P>
        <P>(2) Are based on the best available evidence, including, where available, strong or moderate evidence (as defined in this notice);</P>
        <P>(3) Are linked and integrated seamlessly (as defined in this notice); and</P>
        <P>(4) Include both education programs and family and community supports.</P>
        <P>
          <E T="03">Credible comparison group</E>includes a comparison group formed by matching project participants with non-participants based on key characteristics that are thought to be related to outcomes. These characteristics include,<PRTPAGE P="23682"/>but are not limited to: (1) Prior test scores and other measures of academic achievement (preferably the same measures that will be used to assess the outcomes of the project); (2) demographic characteristics, such as age, disability, gender, English proficiency, ethnicity, poverty level, parents' educational attainment, and single- or two-parent family background; (3) the time period in which the two groups are studied (e.g., the two groups are children entering kindergarten in the same year as opposed to sequential years); and (4) methods used to collect outcome data (e.g., the same test of reading skills administered in the same way to both groups).</P>
        <P>
          <E T="03">Developmentally appropriate early learning measures</E>means a range of assessment instruments that are used in ways consistent with the purposes for which they were designed and validated; appropriate for the ages and other characteristics of the children being assessed; designed and validated for use with children whose ages, cultures, languages spoken at home, socioeconomic status, abilities and disabilities, and other characteristics are similar to those of the children with whom the assessments will be used; and used in compliance with the measurement standards set forth by the American Educational Research Association (AERA), the American Psychological Association (APA), and the National Council for Measurement in Education (NCME) in the 1999 Standards for Educational and Psychological Testing.</P>
        <P>
          <E T="03">Education programs</E>means programs that include, but are not limited to—</P>
        <P>(1) High-quality early learning programs or services designed to improve outcomes across multiple domains of early learning for young children. Such programs must be specifically intended to align with appropriate State early learning and development standards, practices, strategies, or activities across as broad an age range as birth through third grade so as to ensure that young children enter kindergarten and progress through the early elementary school grades demonstrating age-appropriate functioning across the multiple domains;</P>
        <P>(2) For children in preschool through the 12th grade, programs, inclusive of related policies and personnel, that are linked to improved educational outcomes. The programs—</P>
        <P>(a) Must include effective teachers and effective principals;</P>
        <P>(b) Must include strategies, practices, or programs that encourage and facilitate the evaluation, analysis, and use of student achievement, student growth (as defined in this notice), and other data by educators, families, and other stakeholders to inform decision-making;</P>
        <P>(c) Must include college- and career-ready standards, assessments, and practices, including a well-rounded curriculum, instructional practices, strategies, or programs in, at a minimum, core academic subjects as defined in section 9101(11) of the ESEA, that are aligned with high academic content and achievement standards and with high-quality assessments based on those standards; and</P>
        <P>(d) May include creating multiple pathways for students to earn regular high school diplomas (e.g., using schools that serve the needs of over-aged, under-credited, or other students with an exceptional need for flexibility regarding when they attend school or the additional supports they require; awarding credit based on demonstrated evidence of student competency; or offering dual-enrollment options); and</P>
        <P>(3) Programs that prepare students for college and career success, which may include programs that—</P>
        <P>(a) Create and support partnerships with community colleges, four-year colleges, or universities and that help instill a college-going culture in the neighborhood;</P>
        <P>(b) Provide dual-enrollment opportunities for secondary students to gain college credit while in high school;</P>
        <P>(c) Provide, through relationships with businesses and other organizations, apprenticeship opportunities to students;</P>
        <P>(d) Align curricula in the core academic subjects with requirements for industry-recognized certifications or credentials, particularly in high-growth sectors;</P>
        <P>(e) Provide access to career and technical education programs so that individuals can attain the skills and industry-recognized certifications or credentials for success in their careers;</P>
        <P>(f) Help college students, including CWD and ELs from the neighborhood to transition to college, persist in their academic studies in college, graduate from college, and transition into the workforce; and</P>
        <P>(g) Provide opportunities for all youth (both in and out of school) to achieve academic and employment success by improving educational and skill competencies and providing connections to employers. Such activities may include opportunities for on-going mentoring, supportive services, incentives for recognition and achievement, and opportunities related to leadership, development, decision-making, citizenship, and community service.</P>
        <P>
          <E T="03">Effective school</E>means a school that has—</P>
        <P>(1) Significantly closed the achievement gaps between subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) within the school or district; or</P>
        <P>(2)(a) Demonstrated success in significantly increasing student academic achievement in the school for all subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) in the school; and (b) made significant improvements in other areas, such as graduation rates (as defined in this notice) or recruitment and placement of effective teachers and effective principals.</P>
        <P>
          <E T="03">Eligible organization</E>means an organization that:</P>
        <P>(1) Is representative of the geographic area proposed to be served (as defined in this notice);</P>
        <P>(2) Is one of the following:</P>
        <P>(a) A nonprofit organization that meets the definition of a nonprofit under 34 CFR 77.1(c), which may include a faith-based nonprofit organization.</P>
        <P>(b) An institution of higher education as defined by section 101(a) of the Higher Education Act of 1965, as amended.</P>
        <P>(c) An Indian tribe (as defined in this notice);</P>
        <P>(3) Currently provides at least one of the solutions from the applicant's proposed continuum of solutions in the geographic area proposed to be served; and</P>
        <P>(4) Operates or proposes to work with and involve in carrying out its proposed project, in coordination with the school's LEA, at least one public elementary or secondary school that is located within the identified geographic area that the grant will serve.</P>
        <P>
          <E T="03">English learners</E>or<E T="03">ELs</E>means individuals who meet the definition of limited English proficient, as defined in section 9101(25) of the ESEA.</P>
        <P>
          <E T="03">Family and community supports</E>means:</P>
        <P>(1) Child and youth health programs, such as physical, mental, behavioral, and emotional health programs (e.g., home visiting programs; Early Head Start; programs to improve nutrition and fitness, reduce childhood obesity, and create healthier communities);</P>

        <P>(2) Safety programs, such as programs in school and out of school to prevent, control, and reduce crime, violence, drug and alcohol use, and gang activity; programs that address classroom and school-wide behavior and conduct;<PRTPAGE P="23683"/>programs to prevent child abuse and neglect; programs to prevent truancy and reduce and prevent bullying and harassment; and programs to improve the physical and emotional security of the school setting as perceived, experienced, and created by students, staff, and families;</P>
        <P>(3) Community stability programs, such as programs that—</P>
        <P>(a) Increase the stability of families in communities by expanding access to quality, affordable housing, providing legal support to help families secure clear legal title to their homes, and providing housing counseling or housing placement services;</P>
        <P>(b) Provide adult education and employment opportunities and training to improve educational levels, job skills and readiness in order to decrease unemployment, with a goal of increasing family stability;</P>
        <P>(c) Improve families' awareness of, access to, and use of a range of social services, if possible at a single location;</P>
        <P>(d) Provide unbiased, outcome-focused, and comprehensive financial education, inside and outside the classroom and at every life stage;</P>
        <P>(e) Increase access to traditional financial institutions (e.g., banks and credit unions) rather than alternative financial institutions (e.g., check cashers and payday lenders);</P>
        <P>(f) Help families increase their financial literacy, financial assets, and savings; and</P>
        <P>(g) Help families access transportation to education and employment opportunities;</P>
        <P>(4) Family and community engagement programs that are systemic, integrated, sustainable, and continue through a student's transition from K-12 school to college and career. These programs may include family literacy programs and programs that provide adult education and training and opportunities for family members and other members of the community to support student learning and establish high expectations for student educational achievement; mentorship programs that create positive relationships between children and adults; programs that provide for the use of such community resources as libraries, museums, television and radio stations, and local businesses to support improved student educational outcomes; programs that support the engagement of families in early learning programs and services; programs that provide guidance on how to navigate through a complex school system and how to advocate for more and improved learning opportunities; and programs that promote collaboration with educators and community organizations to improve opportunities for healthy development and learning; and</P>
        <P>(5) 21st century learning tools, such as technology (e.g., computers and mobile phones) used by students in the classroom and in the community to support their education. This includes programs that help students use the tools to develop knowledge and skills in such areas as reading and writing, mathematics, research, critical thinking, communication, creativity, innovation, and entrepreneurship.</P>
        <P>
          <E T="03">Graduation rate</E>means the four-year or extended-year adjusted cohort graduation rate as defined by 34 CFR 200.19(b)(1).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>This definition is not meant to prevent a grantee from also collecting information about the reasons why students do not graduate from the target high school, e.g., dropping out or moving outside of the school district for non-academic or academic reasons.</P>
        </NOTE>
        <P>
          <E T="03">Increased learning time</E>means using a longer school day, week, or year to significantly increase the total number of school hours. This strategy is used to redesign the school's program in a manner that includes additional time for (a) instruction in core academic subjects as defined in section 9101(11) of the ESEA; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects.</P>
        <P>
          <E T="03">Indian tribe</E>means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe, 25 U.S.C. 479a and 479a-1 or any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601,<E T="03">et seq.,</E>that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term “Indian” means a member of an Indian tribe.</P>
        <P>
          <E T="03">Indicators of need</E>means currently available data that describe—</P>
        <P>(1) Education need, which means—</P>
        <P>(a) All or a portion of the neighborhood includes or is within the attendance zone of a low-performing school that is a high school, especially one in which the graduation rate (as defined in this notice) is less than 60 percent or a school that can be characterized as low-performing based on another proxy indicator, such as students' on-time progression from grade to grade; and</P>
        <P>(b) Other indicators, such as significant achievement gaps between subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) within a school or LEA, high teacher and principal turnover, or high student absenteeism; and</P>
        <P>(2) Family and community support need, which means—</P>
        <P>(a) Percentages of children with preventable chronic health conditions (e.g., asthma, poor nutrition, dental problems, obesity) or avoidable developmental delays;</P>
        <P>(b) Immunization rates;</P>
        <P>(c) Rates of crime, including violent crime;</P>
        <P>(d) Student mobility rates;</P>
        <P>(e) Teenage birth rates;</P>
        <P>(f) Percentage of children in single-parent or no-parent families;</P>
        <P>(g) Rates of vacant or substandard homes, including distressed public and assisted housing; or</P>
        <P>(h) Percentage of the residents living at or below the Federal poverty threshold.</P>
        <P>
          <E T="03">Linked and integrated seamlessly,</E>with respect to the continuum of solutions, means solutions that have common outcomes, focus on similar milestones, support transitional time periods (<E T="03">e.g.,</E>the beginning of kindergarten, the middle grades, or graduation from high school) along the cradle-through-college-to-career continuum, and address time and resource gaps that create obstacles for students in making academic progress.</P>
        <P>
          <E T="03">Low-performing schools</E>means schools receiving assistance through title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA), that are in corrective action or restructuring in the State, as determined under section 1116 of the ESEA, and the secondary schools (both middle and high schools) in the State that are equally as low-achieving as these Title I schools and are eligible for, but do not receive, Title I funds.</P>
        <P>
          <E T="03">Moderate evidence</E>means evidence from previous studies with designs that can support causal conclusions (<E T="03">i.e.,</E>studies with high internal validity) but have limited generalizability (<E T="03">i.e.,</E>moderate external validity) or from studies with high external validity but moderate internal validity.</P>
        <P>
          <E T="03">Multiple domains of early learning</E>means physical well-being and motor development; social-emotional development; approaches toward learning, which refers to the<PRTPAGE P="23684"/>inclinations, dispositions, or styles, rather than skills, that reflect ways that children become involved in learning and develop their inclinations to pursue learning; language and literacy development, including emergent literacy; and cognition and general knowledge, which refers to thinking and problem-solving as well as knowledge about particular objects and the way the world works. Cognition and general knowledge include mathematical and scientific knowledge, abstract thought, and imagination.</P>
        <P>
          <E T="03">Neighborhood assets</E>means—</P>

        <P>(1) Developmental assets that allow residents to attain the skills needed to be successful in all aspects of daily life (<E T="03">e.g.,</E>educational institutions, early learning centers, and health resources);</P>

        <P>(2) Commercial assets that are associated with production, employment, transactions, and sales (<E T="03">e.g.,</E>labor force and retail establishments);</P>

        <P>(3) Recreational assets that create value in a neighborhood beyond work and education (<E T="03">e.g.,</E>parks, open space, community gardens, and arts organizations);</P>

        <P>(4) Physical assets that are associated with the built environment and physical infrastructure (<E T="03">e.g.,</E>housing, commercial buildings, and roads); and</P>

        <P>(5) Social assets that establish well-functioning social interactions (<E T="03">e.g.,</E>public safety, community engagement, and partnerships with youth, parents, and families).</P>
        <P>
          <E T="03">Persistently lowest-achieving school</E>
          <SU>4</SU>
          <FTREF/>means, as determined by the State—</P>
        <FTNT>
          <P>

            <SU>4</SU>The Department considers schools that are identified as Tier I or Tier II schools under the School Improvement Grants Program (see 75 FR 66363) as part of a State's approved FY 2009 or FY 2010 applications to be persistently lowest-achieving schools. A list of these Tier I and Tier II schools can be found on the Department's web site at<E T="03">http://www2.ed.gov/programs/sif/index.html.</E>
          </P>
        </FTNT>
        <P>(1) Any school receiving assistance through Title I that is in improvement, corrective action, or restructuring and that—</P>
        <P>(a) Is among the lowest-achieving five percent of Title I schools in improvement, corrective action, or restructuring or the lowest-achieving five Title I schools in improvement, corrective action, or restructuring in the State, whichever number of schools is greater; or</P>
        <P>(b) Is a high school that has had a graduation rate that is less than 60 percent over a number of years; and</P>
        <P>(2) Any secondary school that is eligible for, but does not receive, Title I funds that—</P>
        <P>(a) Is among the lowest-achieving five percent of secondary schools or the lowest-achieving five secondary schools in the State that are eligible for, but do not receive, Title I funds, whichever number of schools is greater; or</P>
        <P>(b) Is a high school that has had a graduation rate that is less than 60 percent over a number of years.</P>
        <P>
          <E T="03">Program indicators</E>are indicators that the Department will use only for research and evaluation purposes and for which an applicant is not required to propose solutions.</P>
        <P>
          <E T="03">Project indicators</E>are indicators for which an applicant proposes solutions intended to result in progress on the indicators.</P>
        <P>
          <E T="03">Public officials</E>means elected officials (<E T="03">e.g.,</E>council members, aldermen and women, commissioners, State legislators, Congressional representatives, members of the school board), appointed officials (<E T="03">e.g.,</E>members of a planning or zoning commission, or of any other regulatory or advisory board or commission), or individuals who are not necessarily public officials, but who have been appointed by a public official to serve on the Promise Neighborhoods governing board or advisory board.</P>
        <P>
          <E T="03">Rapid-time,</E>in reference to reporting and availability of locally-collected data, means that data are available quickly enough to inform current lessons, instruction, and related education programs and family and community supports.</P>
        <P>
          <E T="03">Representative of the geographic area proposed to be served</E>means that residents of the geographic area proposed to be served have an active role in decision-making and that at least one-third of the eligible entity's governing board or advisory board is made up of—</P>
        <P>(1) Residents who live in the geographic area proposed to be served, which may include residents who are representative of the ethnic and racial composition of the neighborhood's residents and the languages they speak;</P>
        <P>(2) Residents of the city or county in which the neighborhood is located but who live outside the geographic area proposed to be served, and who are low-income (which means earning less than 80 percent of the area's median income as published by the Department of Housing and Urban Development);</P>
        <P>(3) Public officials (as defined in this notice) who serve the geographic area proposed to be served (although not more than one-half of the governing board or advisory board may be made up of public officials); or</P>
        <P>(4) Some combination of individuals from the three groups listed in paragraphs (1), (2), and (3) of this definition.</P>
        <P>
          <E T="03">Rural community</E>means a neighborhood that—</P>

        <P>(1) Is served by an LEA that is currently eligible under the Small Rural School Achievement (SRSA) program or the Rural and Low-Income School (RLIS) program authorized under Title VI, Part B of the ESEA. Applicants may determine whether a particular LEA is eligible for these programs by referring to information on the following Department Web sites. For the SRSA program:<E T="03">http://www2.ed.gov/programs/reapsrsa/eligible10/index.html.</E>For the RLIS program:<E T="03">http://www2.ed.gov/programs/reaprlisp/eligible10/index.html</E>; or</P>

        <P>(2) Includes only schools designated with a school locale code of 42 or 43. Applicants may determine school locale codes by referring to the following Department Web site:<E T="03">http://nces.ed.gov/ccd/schoolsearch/.</E>
        </P>
        <P>
          <E T="03">School climate needs assessment</E>means an evaluation tool that measures the extent to which the school setting promotes or inhibits academic performance by collecting perception data from individuals, which could include students, staff, or families.</P>
        <P>
          <E T="03">Segmentation analysis</E>means the process of grouping and analyzing data from children and families in the geographic area proposed to be served according to indicators of need (as defined in this notice) or other relevant indicators.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The analysis is intended to allow grantees to differentiate and more effectively target interventions based on what they learn about the needs of different populations in the geographic area.</P>
        </NOTE>
        <P>
          <E T="03">Strong evidence</E>means evidence from studies with designs that can support causal conclusions (<E T="03">i.e.,</E>studies with high internal validity), and studies that, in total, include enough of the range of participants and settings to support scaling up to the State, regional, or national level (<E T="03">i.e.,</E>studies with high external validity).</P>
        <P>
          <E T="03">Student achievement</E>means—</P>
        <P>(1) For tested grades and subjects:</P>
        <P>(a) A student's score on the State's assessments under the ESEA; and, as appropriate,</P>
        <P>(b) Other measures of student learning, such as those described in paragraph (2) of this definition, provided they are rigorous and comparable across classrooms and programs.</P>

        <P>(2) For non-tested grades and subjects: Alternative measures of student learning and performance, such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and<PRTPAGE P="23685"/>other measures of student achievement that are rigorous and comparable across classrooms.</P>
        <P>
          <E T="03">Student growth</E>means the change in achievement data for an individual student between two or more points in time. Growth may also include other measures that are rigorous and comparable across classrooms.</P>
        <P>
          <E T="03">Student mobility rate</E>is calculated by dividing the total number of new student entries and withdrawals at a school, from the day after the first official enrollment number is collected through the end of the academic year, by the first official enrollment number of the academic year.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>This definition is not meant to limit a grantee from also collecting information about why students enter or withdraw from the school, e.g., transferring to charter schools, moving outside of the school district for non-academic or academic reasons.</P>
        </NOTE>
        <P>
          <E T="03">Theory of action</E>means an organization's strategy regarding how, considering its capacity and resources, it will take the necessary steps and measures to accomplish its desired results.</P>
        <P>
          <E T="03">Theory of change</E>means an organization's beliefs about how its inputs, and early and intermediate outcomes, relate to accomplishing its long-term desired results.</P>
        <AUTH>
          <HD SOURCE="HED">Program Authority:</HD>
          <P>20 U.S.C. 7243-7243b.</P>
        </AUTH>
        
        <P>
          <E T="03">Applicable Regulations:</E>(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. (b) The notice of final priorities, requirements, definitions, and selection criteria published in the<E T="04">Federal Register</E>on July 6, 2011 (76 FR 39590).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.</P>
        </NOTE>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The regulations in 34 CFR part 86 apply to institutions of higher education only.</P>
        </NOTE>
        <HD SOURCE="HD1">II. Award Information</HD>
        <P>
          <E T="03">Type of Award:</E>Discretionary grants.</P>
        <P>
          <E T="03">Estimated Available Funds:</E>$27,790,000.</P>
        <P>These estimated available funds are only for Implementation grants under the Promise Neighborhoods program.</P>
        <P>Contingent upon the availability of funds and the quality of the applications, we may make additional awards in FY 2013 or later years from the list of unfunded applicants from this competition.</P>
        <P>
          <E T="03">Estimated Range of Awards:</E>$4,000,000 to $6,000,000.</P>
        <P>
          <E T="03">Estimated Average Size of Awards:</E>$5,000,000.</P>
        <P>
          <E T="03">Maximum Award:</E>$6,000,000.</P>
        <P>The maximum award amount is $6,000,000 per 12-month budget period. We may choose not to further consider or review applications with budget requests for any 12-month budget period that exceed this amount, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount.</P>
        <P>
          <E T="03">Estimated Number of Awards:</E>5 to 7.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The Department is not bound by any estimates in this notice.</P>
        </NOTE>
        <P>
          <E T="03">Project Period:</E>36 to 60 months.</P>
        <HD SOURCE="HD1">III. Eligibility Information</HD>
        <P>1.<E T="03">Eligible Applicants:</E>To be eligible for a grant under this competition, an applicant must be an eligible organization (as defined in this notice). For purposes of<E T="03">Absolute Priority 3: Promise Neighborhoods in Tribal Communities,</E>an eligible applicant is an eligible organization that partners with an Indian tribe or is an Indian tribe that meets the definition of an eligible organization.</P>
        <P>2.<E T="03">Cost-Sharing or Matching:</E>To be eligible for an implementation grant under this competition, an applicant must demonstrate that it has established a commitment from one or more entities in the public or private sector, which may include Federal, State, and local public agencies, philanthropic organizations, private businesses, or individuals, to provide matching funds for the implementation process. An applicant for an implementation grant must obtain matching funds or in-kind donations equal to at least 100 percent of its grant award, except that an applicant proposing a project that meets<E T="03">Absolute Priority 2: Promise Neighborhoods in Rural Communities</E>or<E T="03">Absolute Priority 3: Promise Neighborhoods in Tribal Communities</E>must obtain matching funds or in-kind donations equal to at least 50 percent of the grant award.</P>
        <P>Eligible sources of matching include sources of funds used to pay for solutions within the continuum of solutions, such as Head Start programs, initiatives supported by the LEA, or public health services for children in the neighborhood. At least 10 percent of an implementation applicant's total match must be cash or in-kind contributions from the private sector, which may include philanthropic organizations, private businesses, or individuals.</P>
        <P>Both planning and implementation applicants must demonstrate a commitment of matching funds in the applications. The applicants must specify the source of the funds or contributions and in the case of a third-party in-kind contribution, a description of how the value was determined for the donated or contributed goods or service. Applicants must demonstrate the match commitment by including letters in their applications explaining the type and quantity of the match commitment with original signatures from the executives of organizations or agencies providing the match. The Secretary may consider decreasing the matching requirement in the most exceptional circumstances, on a case-by-case basis.</P>

        <P>An applicant that is unable to meet the matching requirement must include in its application a request to the Secretary to reduce the matching requirement, including the amount of the requested reduction, the total remaining match contribution, and a statement of the basis for the request. An applicant should review the Department's cost-sharing and cost-matching regulations, which include specific limitations in 34 CFR 74.23 applicable to non-profit organizations and institutions of higher education and 34 CFR 80.24 applicable to State, local, and Indian tribal governments, and the Office of Management and Budget (OMB) cost principles regarding donations, capital assets, depreciations and allowable costs. These circulars are available on OMB's Web site at<E T="03">http://www.whitehouse.gov/omb/circulars/index.html</E>.</P>
        <P>3.<E T="03">Other: Funding Categories:</E>An applicant must state in its application whether it is applying for a Planning grant or an Implementation grant. An applicant will be considered for an award only for the type of grant for which it applies.</P>
        <HD SOURCE="HD1">IV. Application and Submission Information</HD>
        <P>1.<E T="03">Address to Request Application Package:</E>
        </P>

        <P>Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W256, LBJ, Washington, DC 20202. Telephone: (202) 453-5638 or by email:<E T="03">PromiseNeighborhoods@ed.gov</E>.</P>
        <P>If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.</P>

        <P>Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the program contact person listed in this section.<PRTPAGE P="23686"/>
        </P>
        <P>2.<E T="03">Content and Form of Application Submission:</E>Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.</P>
        <P>Notice of Intent to Apply: June 8, 2012.</P>

        <P>We will be able to develop a more efficient process for reviewing grant applications if we know the approximate number of applicants that intend to apply for funding under this competition. Therefore, the Secretary strongly encourages each potential applicant to notify us of the applicant's intent to submit an application for funding by completing a Web-based form. When completing this form, applicants will provide (1) the applicant organization's name and address, and (2) the type of grant for which the applicant intends to apply. Applicants may access this form online at<E T="03">http://wdcrobcolp01.ed.gov/CFAPPS/survey/survey.cfm?ID=c306e04-40e0-4cb3-b6e7-4a8ea1d2012e</E>. Applicants that do not complete this form may still apply for funding.</P>

        <P>Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You are<E T="03">strongly encouraged</E>to limit the application narrative [Part III] for an implementation application to no more than 50 pages, using the following standards:</P>
        <P>• A “page” is 8.5″ × 11″, on one side only, with 1″ margins at the top, bottom, and both sides.</P>
        <P>• Double space (no more than three lines per vertical inch) all text in the application narrative. Text in charts, tables, figures, and graphs may be single-spaced.</P>
        <P>• Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).</P>
        <P>• Use one of the following fonts is strongly encouraged: Times New Roman, Courier, Courier New, or Arial.</P>
        <P>• Include page numbers at the bottom of each page in your application narrative.</P>
        <P>The suggested page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the page limit does apply to all of the application narrative section [Part III].</P>
        <P>3.<E T="03">Submission Dates and Times:</E>
        </P>
        <P>
          <E T="03">Applications Available:</E>April 20, 2012.</P>
        <P>
          <E T="03">Deadline for Notice of Intent to Apply:</E>June 8, 2012.</P>
        <P>
          <E T="03">Date of Pre-Application Webinars:</E>May 17, 2012, and June 14, 2012. Pre-application webinars are designed to provide technical assistance to interested applicants for Promise Neighborhoods grants. Detailed information regarding the pre-application webinar times will be available through the Department of Education Web site at<E T="03">http://www2.ed.gov/programs/promiseneighborhoods/index.html</E>.</P>
        <P>
          <E T="03">Deadline for Transmittal of Applications:</E>June 19, 2012.</P>

        <P>Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV.7.<E T="03">Other Submission Requirements</E>of this notice.</P>
        <P>We do not consider an application that does not comply with the deadline requirements.</P>

        <P>Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.</P>
        <P>
          <E T="03">Deadline for Intergovernmental Review:</E>September 25, 2012.</P>
        <P>4.<E T="03">Intergovernmental Review:</E>This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.</P>
        <P>5.<E T="03">Funding Restrictions:</E>We reference regulations outlining funding restrictions in the<E T="03">Applicable Regulations</E>section of this notice.</P>
        <P>6.<E T="03">Data Universal Numbering System Number, Taxpayer Identification Number, and Central Contractor Registry:</E>To do business with the Department of Education, you must—</P>
        <P>a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);</P>
        <P>b. Register both your DUNS number and TIN with the Central Contractor Registry (CCR), the Government's primary registrant database;</P>
        <P>c. Provide your DUNS number and TIN on your application; and</P>
        <P>d. Maintain an active CCR registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.</P>
        <P>You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one business day.</P>
        <P>If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow 2-5 weeks for your TIN to become active.</P>
        <P>The CCR registration process may take five or more business days to complete. If you are currently registered with the CCR, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your CCR registration on an annual basis. This may take three or more business days to complete.</P>
        <P>In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR.</P>

        <P>Details on these steps are outlined at the following Grants.gov Web page:<E T="03">www.grants.gov/applicants/get_registered.jsp</E>.</P>
        <P>7.<E T="03">Other Submission Requirements:</E>
        </P>
        <P>Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.</P>
        <P>a.<E T="03">Electronic Submission of Applications</E>
        </P>

        <P>Applications for grants under the Promise Neighborhoods Program (Implementation grants), CFDA Number 84.215N, must be submitted electronically using the Governmentwide Grants.gov Apply site at<E T="03">www.grants.gov</E>. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.</P>

        <P>We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement<E T="03">and</E>
          <PRTPAGE P="23687"/>submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under<E T="03">Exception to Electronic Submission Requirement</E>.</P>

        <P>You may access the electronic grant application for Promise Neighborhoods Implementation Grant Competition at<E T="03">www.grants.gov</E>. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.215, not 84.215N).</P>
        <P>Please note the following:</P>
        <P>• When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.</P>
        <P>• Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.</P>
        <P>• The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.</P>

        <P>• You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at<E T="03">http://www.G5.gov</E>.</P>
        <P>• You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.</P>
        <P>• You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.</P>
        <P>• If you submit your application electronically, you must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.</P>
        <P>• Your electronic application must comply with any page-limit requirements described in this notice.</P>
        <P>• After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).</P>
        <P>• We may request that you provide us original signatures on forms at a later date.</P>
        <P>
          <E T="03">Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:</E>If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.</P>
        <P>If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.</P>

        <P>If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.</P>
        </NOTE>
        <P>
          <E T="03">Exception to Electronic Submission Requirement:</E>You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because--</P>
        <P>• You do not have access to the Internet; or</P>
        <P>• You do not have the capacity to upload large documents to the Grants.gov system;</P>
        
        <FP>
          <E T="03">and</E>
        </FP>
        
        <P>• No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.</P>
        <P>If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.</P>

        <P>Address and mail or fax your statement to: Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W256,<PRTPAGE P="23688"/>Washington, DC 20202. Fax: (202) 453-5638.</P>
        <P>Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.</P>
        <P>b.<E T="03">Submission of Paper Applications by Mail</E>
        </P>
        <P>If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215N), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.</P>
        <P>You must show proof of mailing consisting of one of the following:</P>
        <P>(1) A legibly dated U.S. Postal Service postmark.</P>
        <P>(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.</P>
        <P>(3) A dated shipping label, invoice, or receipt from a commercial carrier.</P>
        <P>(4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.</P>
        <P>If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:</P>
        <P>(1) A private metered postmark.</P>
        <P>(2) A mail receipt that is not dated by the U.S. Postal Service.</P>
        <P>If your application is postmarked after the application deadline date, we will not consider your application.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.</P>
        </NOTE>
        <P>c.<E T="03">Submission of Paper Applications by Hand Delivery</E>
        </P>
        <P>If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA 84.215N), 550 12th Street SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.</P>
        
        <FP>The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.</FP>
        <NOTE>
          <HD SOURCE="HED">Note for Mail or Hand Delivery of Paper Applications:</HD>
          <P>If you mail or hand deliver your application to the Department—</P>
          <P>(1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and</P>
          <P>(2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.</P>
        </NOTE>
        <HD SOURCE="HD1">V. Application Review Information</HD>
        <P>1.<E T="03">Selection Criteria:</E>The selection criteria for this competition are from the 2011 Promise Neighborhoods NFP and from 34 CFR 75.210. The points assigned to each criterion are indicated in the parenthesis next to the criterion. Applicants may earn up to a total of 100 points. The selection criteria for implementation grants are as follows:</P>
        <HD SOURCE="HD3">A. Need for Project (15 Points)</HD>
        <P>The Secretary considers the need for the proposed project.</P>
        <P>In determining the need for the proposed project, the Secretary considers—</P>
        <P>(1) The magnitude or severity of the problems to be addressed by the proposed project as described by indicators of need and other relevant indicators identified in part by the needs assessment and segmentation analysis (10 points); and</P>
        <P>(2) The extent to which the geographically defined area has been described (5 points).</P>
        <HD SOURCE="HD3">B. Quality of the Project Design (25 Points)</HD>
        <P>The Secretary considers the quality of the design of the proposed project.</P>
        <P>In determining the quality of the design of the proposed project, the Secretary considers:</P>
        <P>(1) The extent to which the continuum of solutions is aligned with an ambitious, rigorous, and comprehensive strategy for improvement of schools in the neighborhood (10 points);</P>
        <P>(2) The extent to which the applicant describes an implementation plan to create a complete continuum of solutions, including early learning through grade 12, college- and career-readiness, and family and community supports, without time and resource gaps, that will prepare all children in the neighborhood to attain an excellent education and successfully transition to college and a career, and that will significantly increase the proportion of students in the neighborhood that are served by the complete continuum to reach scale over time (5 points);</P>
        <P>(3) The extent to which the applicant identifies existing neighborhood assets and programs supported by Federal, State, local, and private funds that will be used to implement a continuum of solutions (5 points); and</P>
        <P>(4) The extent to which the applicant describes its implementation plan, including clear, annual goals for improving systems and leveraging resources as described in paragraph (2) of Absolute Priority 1 (5 points).</P>
        <HD SOURCE="HD3">C. Quality of Project Services (15 Points)</HD>
        <P>The Secretary considers the quality of the services to be provided by the proposed project.</P>
        <P>In determining the quality of the project services, the Secretary considers:</P>
        <P>(1) The extent to which the applicant describes how the needs assessment and segmentation analysis, including identifying and describing indicators, were used to determine each solution within the continuum (5 points);</P>
        <P>(2) The extent to which the applicant documents that proposed solutions are based on the best available evidence including, where available, strong or moderate evidence (5 points); and</P>
        <P>(3) The extent to which the applicant describes clear, annual goals for improvement on indicators (5 points).</P>
        <HD SOURCE="HD3">D. Quality of the Management Plan (45 Points)</HD>
        <P>The Secretary considers the quality of the management plan for the proposed project.</P>
        <P>In determining the quality of the management plan for the proposed project, the Secretary considers the experience, lessons learned, and proposal to build capacity of the applicant's management team and project director in all of the following areas:</P>
        <P>(1) Working with the neighborhood and its residents; the schools described in paragraph (2)(b) of Absolute Priority 1; the LEA in which those schools are located; Federal, State, and local government leaders; and other service providers (10 points).</P>

        <P>(2) Collecting, analyzing, and using data for decision-making, learning, continuous improvement, and accountability, including whether the applicant has a plan to build, adapt, or expand a longitudinal data system that integrates student-level data from multiple sources in order to measure progress while abiding by privacy laws and requirements (15 points).<PRTPAGE P="23689"/>
        </P>
        <P>(3) Creating formal and informal partnerships, including the alignment of the visions, theories of action, and theories of change described in its memorandum of understanding, and creating a system for holding partners accountable for performance in accordance with the memorandum of understanding (10 points).</P>
        <P>(4) Integrating funding streams from multiple public and private sources, including its proposal to leverage and integrate high-quality programs in the neighborhood into the continuum of solutions (10 points).</P>
        <P>2.<E T="03">Review and Selection Process:</E>The Department will screen applications submitted in accordance with the requirements in this notice, and will determine which applications have met eligibility and other statutory requirements.</P>
        <P>The Department will use independent reviewers from various backgrounds and professions including: pre-kindergarten-12 teachers and principals, college and university educators, researchers and evaluators, social entrepreneurs, strategy consultants, grant makers and managers, and others with education expertise. The Department will thoroughly screen all reviewers for conflicts of interest to ensure a fair and competitive review process.</P>
        <P>Reviewers will read, prepare a written evaluation, and score the applications assigned to their panel, using the selection criteria provided in this notice.</P>
        <P>For applications addressing Absolute Priority 1, Absolute priority 2, and Absolute Priority 3, the Secretary prepares a rank order of applications for each absolute priority based solely on the evaluation of their quality according to the selection criteria. The Department may use more than one tier of reviews in determining grantees, including possible site visits for Implementation grant applicants. Additional information about the review process will be posted on the Department's Web site.</P>
        <P>We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.</P>
        <P>In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <P>3.<E T="03">Special Conditions:</E>Under 34 CFR 74.14 and 80.12, the Secretary may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.</P>
        <P>4.<E T="03">Transparency and Open Government Policy:</E>After awards are made under this competition, all of the submitted successful applications, together with reviewer scores and comments, will be posted on the Department's Web site.</P>
        <HD SOURCE="HD1">VI. Award Administration Information</HD>
        <P>1.<E T="03">Award Notices:</E>If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also.</P>
        <P>If your application is not evaluated or not selected for funding, we notify you.</P>
        <P>2.<E T="03">Administrative and National Policy Requirements:</E>We identify administrative and national policy requirements in the application package and reference these and other requirements in the<E T="03">Applicable Regulations</E>section of this notice.</P>

        <P>We reference the regulations outlining the terms and conditions of an award in the<E T="03">Applicable Regulations</E>section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.</P>
        <P>3.<E T="03">Reporting:</E>(a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).</P>

        <P>(b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to<E T="03">www.ed.gov/fund/grant/apply/appforms/appforms.html</E>.</P>
        <P>4.<E T="03">Performance Measures:</E>The Secretary has established the following performance indicators for this program: The percentage of implementation grantees that attain or exceed the annual goals that they establish and that are approved by the Secretary for—</P>
        <P>(a) Project indicators;</P>
        <P>(b) Improving systems; and</P>
        <P>(c) Leveraging resources.</P>
        <P>All grantees will be required to submit annual performance reports documenting their contribution in assisting the Department in measuring the performance of the program against these indicators, as well as other information requested by the Department.</P>
        <P>5.<E T="03">Continuation Awards:</E>In making a continuation award, the Secretary may consider, under 34 CFR 75.253, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <HD SOURCE="HD1">VII. Agency Contact</HD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., room 4W256, Washington, DC 20202. Telephone: (202) 453-5638 or by email:<E T="03">PromiseNeighborhoods@ed.gov</E>.</P>
          <P>If you use a TDD, call the FRS, toll free, at 1-800-877-8339.</P>
          <HD SOURCE="HD1">VIII. Other Information</HD>
          <P>
            <E T="03">Accessible Format:</E>Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice.</P>
          <P>
            <E T="03">Electronic Access to This Document:</E>The official version of this document is the document published in the<E T="04">Federal<PRTPAGE P="23690"/>Register</E>. Free Internet access to the official edition of the<E T="04">Federal Register</E>and the Code of Federal Regulations is available via the Federal Digital System at:<E T="03">www.gpo.gov/fdsys</E>. At this site you can view this document, as well as all other documents of this Department published in the<E T="04">Federal Register</E>, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.</P>

          <P>You may also access documents of the Department published in the<E T="04">Federal Register</E>by using the article search feature at:<E T="03">www.federalregister.gov/</E>. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.</P>
          <SIG>
            <DATED>Dated: April 17, 2012.</DATED>
            <NAME>James H. Shelton, III,</NAME>
            <TITLE>Assistant Deputy Secretary for Innovation and Improvement.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9597 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4000-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
        <SUBJECT>Applications for New Awards; Promise Neighborhoods Program—Planning Grant Competition</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Innovation and Improvement, Department of Education.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <HD SOURCE="HD1">Overview Information</HD>
        <P>Promise Neighborhoods Program—Planning Grant Competition Notice inviting applications for new awards for fiscal year (FY) 2012.</P>
        <EXTRACT>
          
          <FP SOURCE="FP-1">Catalog of Federal Domestic Assistance (CFDA) Number: 84.215P (Planning grants).</FP>
        </EXTRACT>
        
        <P>
          <E T="03">Dates:</E>
        </P>
        <P>
          <E T="03">Applications Available:</E>April 20, 2012.</P>
        <P>
          <E T="03">Deadline for Notice of Intent To Apply:</E>June 8, 2012.</P>
        <P>
          <E T="03">Date of Pre-Application Webinars:</E>May 15, 2012, and June 12, 2012.</P>
        <P>
          <E T="03">Deadline for Transmittal of Applications:</E>July 27, 2012.</P>
        <P>
          <E T="03">Deadline for Intergovernmental Review:</E>September 25, 2012.</P>
        <HD SOURCE="HD1">Full Text of Announcement</HD>
        <HD SOURCE="HD1">I. Funding Opportunity Description</HD>
        <P>
          <E T="03">Purpose of Program:</E>The Promise Neighborhoods program is carried out under the legislative authority of the Fund for the Improvement of Education (FIE), title V, part D, subpart 1, sections 5411 through 5413 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended (20 U.S.C. 7243-7243b). FIE supports nationally significant programs to improve the quality of elementary and secondary education at the State and local levels and to help all children meet challenging State academic content and student academic achievement standards.</P>
        <P>The purpose of the Promise Neighborhoods program is to significantly improve the educational and developmental outcomes of children and youth in our most distressed communities, and to transform those communities by—</P>
        <P>(1) Identifying and increasing the capacity of eligible organizations (as defined in this notice) that are focused on achieving results for children and youth throughout an entire neighborhood;</P>
        <P>(2) Building a complete continuum of cradle-through-college-to-career solutions (continuum of solutions) (as defined in this notice) of both education programs and family and community supports (both as defined in this notice), with great schools at the center. All solutions in the continuum of solutions must be accessible to children with disabilities (CWD) (as defined in this notice) and English learners (EL) (as defined in this notice);</P>
        <P>(3) Integrating programs and breaking down agency “silos” so that solutions are implemented effectively and efficiently across agencies;</P>
        <P>(4) Developing the local infrastructure of systems and resources needed to sustain and scale up proven, effective solutions across the broader region beyond the initial neighborhood; and</P>
        <P>(5) Learning about the overall impact of the Promise Neighborhoods program and about the relationship between particular strategies in Promise Neighborhoods and student outcomes, including through a rigorous evaluation of the program.</P>
        <P>
          <E T="03">Background:</E>The vision for this program is that all children and youth growing up in Promise Neighborhoods have access to great schools and strong systems of family and community support that will prepare them to attain an excellent education and successfully transition to college and a career.</P>
        <P>A Promise Neighborhood is both a place and a strategy. A place eligible to become a Promise Neighborhood is a geographic area that is distressed, often facing inadequate access to high-quality early learning programs and services, with struggling schools, low high school and college graduation rates, high rates of unemployment, high rates of crime, and indicators of poor health. These conditions contribute to and intensify the negative outcomes associated with children and youth living in poverty. Children and youth who are from low-income families and grow up in neighborhoods of concentrated poverty face educational and life challenges above and beyond the challenges faced by children who are from low-income families who grow up in neighborhoods without a high concentration of poverty. A Federal evaluation of the reading and mathematics outcomes of elementary students in 71 schools in 18 districts and 7 States found that even when controlling for individual student poverty, there is a significant negative association between school-level poverty and student achievement.<SU>1</SU>
          <FTREF/>The evaluation found that students have lower academic outcomes when a higher percentage of their same-school peers qualify for free and reduced-priced lunch (FRPL) compared to when a lower percentage of their same-school peers qualify for FRPL. The compounding effects of neighborhood poverty continue later in life: Another study found that, for children with similar levels of family income, growing up in a neighborhood where the number of families in poverty was between 20 and 30 percent increased the chance of downward economic mobility—moving down the income ladder relative to their parents—by more than 50 percent compared with children who grew up in neighborhoods with under 10 percent of families in poverty.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>Westat and Policy Studies Associates.<E T="03">The longitudinal evaluation of school change and performance (LESCP) in title I schools.</E>Prepared for the U.S. Department of Education. Available January 2010 online at<E T="03">http://www2.ed.gov/offices/OUS/PES/esed/lescp_vol1.pdf.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>Sharkey, Patrick. “Neighborhoods and the Black-White Mobility Gap.” Economic Mobility Project: An Initiative of The Pew Charitable Trusts, 2009.</P>
        </FTNT>

        <P>A Promise Neighborhood is also a strategy for addressing the issues in distressed communities. Promise Neighborhoods are led by organizations that work to ensure that all children and youth in the target geographic area have access to the continuum of solutions needed to graduate from high school ready for college and a career. Within these geographic areas, Promise Neighborhoods create a high level of participation in cradle-through-college-to-career supports for children and youth, where over time a greater proportion of the neighborhood is served by programs and neighborhood indicators show significant progress. For this reason, each Promise Neighborhood grantee must have several core features: (1) Significant need in the neighborhood the grant serves; (2) a strategy to build<PRTPAGE P="23691"/>a continuum of solutions with strong schools at the center; and (3) the capacity to achieve results. As the proportion of neighborhood children, students, and families accessing services and attending great schools increases, the entire neighborhood will be positively affected.</P>

        <P>While there are a number of organizations and communities that are working on developing Promise Neighborhoods strategies, these entities are at different stages of readiness to create a Promise Neighborhood. We have established priorities, requirements, definitions, and selection criteria for both planning and implementation grants in a notice of final priorities, requirements, definitions, and selection criteria published in the<E T="04">Federal Register</E>on July 6, 2011 (76 FR 39590) (2011 Promise Neighborhoods NFP). The priorities, requirements, and selection criteria are different for planning grant and implementation grant applicants, while the definitions apply to both groups of applicants. This current notice invites applications for FY 2012 planning grants. Elsewhere in this issue of the<E T="04">Federal Register</E>, we have published a notice inviting applications for FY 2012 implementation grants.</P>
        <P>Planning grants will support eligible organizations that seek to develop feasible plans to create a continuum of solutions with the potential to significantly improve the educational and developmental outcomes of children and youth in a neighborhood. These grants will support eligible organizations that demonstrate the need for creating a Promise Neighborhood in the geographic areas they are targeting, a sound strategy for developing a feasible plan to create a continuum of solutions, and the capacity to develop the plan.</P>
        <P>Under Absolute Priority 1 for planning grants, Promise Neighborhoods planning grantees generally must undertake the following activities during the planning year (the complete and exact requirements of the priority are specified elsewhere in the notice):</P>
        <P>(1) Conduct a comprehensive needs assessment and segmentation analysis (as defined in this notice) of children and youth in the neighborhood.</P>
        <P>(2) Develop a plan to deliver a continuum of solutions with the potential to drive results. This includes building community support for and involvement in the development of the plan.</P>
        <P>(3) Establish effective partnerships both to provide solutions along the continuum and to commit resources to sustain and scale up what works.</P>
        <P>(4) Plan, build, adapt, or expand a longitudinal data system that will provide information that the grantee will use for learning, continuous improvement, and accountability.</P>
        <P>(5) Participate in a community of practice (as defined in this notice).</P>
        <P>Implementation grants will support eligible organizations in carrying out their plans to create a continuum of solutions that will significantly improve the educational and developmental outcomes of children and youth in the target neighborhood. These grants will aid eligible organizations that have developed a plan that demonstrates the need for the creation of a Promise Neighborhood in the geographic area they are targeting, a sound strategy for implementing a plan to create a continuum of solutions, and the capacity to implement the plan. More specifically, grantees will use implementation grant funds to develop the administrative capacity necessary to successfully implement a continuum of solutions, such as managing partnerships, integrating multiple funding sources, and supporting the grantee's longitudinal data system. While implementation grantees will be best positioned to determine the allocation of grant funds given the results of their needs assessments and plans to build their organizational capacity, the Department expects that the majority of resources that provide solutions within the continuum of solutions will come from public and private funding sources that are integrated and aligned with the Promise Neighborhoods strategy.</P>
        <P>Under Absolute Priority 1 for implementation grants, Promise Neighborhoods implementation grantees generally will undertake the following activities during the implementation years (the complete and exact requirements of the priority are specified elsewhere in the notice):</P>
        <P>(1) Implement a continuum of solutions that addresses neighborhood challenges, as identified through a needs assessment and segmentation analysis, and that will improve results for children and youth in the neighborhood.</P>
        <P>(2) Continue to build and strengthen partnerships that will provide solutions along the continuum of solutions and that lead to additional commitments of resources to sustain and scale up what works.</P>
        <P>(3) Collect data on indicators at least annually, and use and improve a longitudinal data system for learning, continuous improvement, and accountability.</P>
        <P>(4) Demonstrate progress on goals for improving systems, such as by making changes in policies and organizations, and by leveraging resources to sustain and scale up what works.</P>
        <P>(5) Participate in a community of practice (as defined in this notice).</P>
        <P>Considering the time and urgency required to dramatically improve outcomes for children and youth in our most distressed neighborhoods and to transform those neighborhoods, implementation grantees will establish both short- and long-term goals to define success.</P>
        <P>Consistent with the overall vision for the Promise Neighborhoods program, we believe that it is important for communities to develop a comprehensive neighborhood revitalization strategy that addresses neighborhood assets (as defined in this notice) that are essential to transforming distressed neighborhoods into healthy and vibrant communities of opportunity. Although not a proposed requirement for planning or implementation applicants, we believe that a Promise Neighborhood will be most successful when it is part of, and contributing to, an area's broader neighborhood revitalization strategy. We believe that only through the development of such comprehensive neighborhood revitalization plans that embrace the coordinated use of programs and resources in order to effectively address the interrelated needs within a community will the broader vision of neighborhood transformation occur.</P>
        <P>Because a diverse group of communities could benefit from Promise Neighborhoods, the Secretary has established an absolute priority for applicants that propose to serve one or more rural communities (as defined in this notice) only and an absolute priority for applicants that propose to serve one or more Indian tribes (as defined in this notice).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>In developing their strategies for planning or implementing a continuum of solutions, applicants should be mindful of the importance of ensuring that all children, including infants and toddlers in the neighborhood, have an opportunity to benefit. For example, individuals with disabilities and English Learners, particularly recent immigrants, may encounter unique challenges that prevent them from accessing the benefits of a Promise Neighborhoods project.</P>
        </NOTE>

        <P>Successful applicants under this competition must comply with Federal civil rights laws that apply to recipients and sub-recipients of Federal financial<PRTPAGE P="23692"/>assistance including: Title VI of the Civil Rights Act of 1964, as amended (prohibiting discrimination on the basis of race, color, or national origin); Section 504 of the Rehabilitation Act of 1973, as amended and Title II of the Americans with Disabilities Act of 1990, as amended (prohibiting discrimination on the basis of disability); Title IX of the Education Amendments of 1972, as amended (prohibiting discrimination on the basis of sex); and the Age Discrimination Act of 1975, as amended (prohibiting discrimination on the basis of age).</P>
        <P>Applicants, therefore, in designing their projects and preparing their required General Education Provisions Act (GEPA) section 427 assurance, will need to address barriers to participation for individuals, including individuals with disabilities and limited English proficiency, and must consider the steps they will take to ensure equitable participation of all children and families in the project, in compliance with civil rights obligations. (Section 427 requires each applicant to include in its application a description of the steps the applicant proposes to take to ensure equitable access to, and participation in, its federally assisted program for students, teachers, and other program beneficiaries with special needs.)</P>
        <P>
          <E T="03">Priorities:</E>This competition includes three absolute priorities, four competitive preference priorities, and one invitational priority that are explained in the following paragraphs. These priorities are from the 2011 Promise Neighborhoods NFP.</P>
        <P>
          <E T="03">Absolute Priorities:</E>For FY 2012 and any subsequent year in which we make awards from the list of unfunded applicants from this competition, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that meet one or more of these absolute priorities.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Applicants must indicate in their application whether they are applying under Planning Grant Priority 1 (Absolute), Planning Grant Priority 2 (Absolute), or Planning Grant Priority 3 (Absolute). An applicant that applies under Planning Grant Priority 2 (Absolute) but is not eligible for funding under Planning Grant Priority 2 (Absolute), or applies under Planning Grant Priority 3 (Absolute) but is not eligible for funding under Planning Grant Priority 3 (Absolute), may be considered for funding under Planning Grant Priority 1 (Absolute).</P>
        </NOTE>
        <P>These priorities are:</P>
        <HD SOURCE="HD2">Planning Grant Priority 1 (Absolute)</HD>
        <HD SOURCE="HD3">Proposal To Develop a Promise Neighborhood Plan</HD>
        <P>To meet this priority, an applicant must submit a proposal for how it will plan to create a Promise Neighborhood. This proposal must describe the need in the neighborhood, a strategy to build a continuum of solutions, and the applicant's capacity to achieve results. Specifically, an applicant must—</P>
        <P>(1) Describe the geographically defined area<SU>3</SU>
          <FTREF/>(neighborhood) to be served and the level of distress in that area based on indicators of need and other relevant indicators. Applicants may propose to serve multiple, non-contiguous geographically defined areas. In cases where target areas are not contiguous, the applicant must explain its rationale for including non-contiguous areas;</P>
        <FTNT>
          <P>
            <SU>3</SU>For the purposes of this notice, the Department uses the terms “geographic area” and “neighborhood” interchangeably.</P>
        </FTNT>
        <P>(2) Describe how it will plan to build a continuum of solutions based on the best available evidence, including, where available, strong or moderate evidence (as defined in this notice) designed to significantly improve educational outcomes and to support the healthy development and well-being of children and youth in the neighborhood. The applicant must also describe how it will build community support for and involvement in the development of the plan. The plan must be designed to ensure that over time, children and youth in the neighborhood who attend the target school or schools have access to a complete continuum of solutions, and ensure, as appropriate, that children and youth in the neighborhood who do not attend the target school or schools have access to solutions within the continuum of solutions. The plan must also ensure that students not living in the neighborhood who attend the target school or schools have access to solutions within the continuum of solutions.</P>
        <P>The success of the applicant's strategy to build a continuum of solutions will be based on the results of the project, as measured against the project indicators defined in this notice and described in Table 1 and Table 2. In its strategy, the applicant must describe how it will determine which solutions within the continuum of solutions to implement, and must include—</P>
        <P>(a) High-quality early learning programs and services designed to improve outcomes across multiple domains of early learning (as defined in this notice) for children from birth through third grade;</P>

        <P>(b) Ambitious, rigorous, and comprehensive education reforms that are linked to improved educational outcomes for children and youth in preschool through the 12th grade. Public schools served through the grant may include persistently lowest-achieving schools (as defined in this notice) or low-performing schools (as defined in this notice) that are not also persistently lowest-achieving schools. An applicant (or one or more of its partners) may serve an effective school or schools (as defined in this notice) but only if the applicant (or one or more of its partners) also serves at least one low-performing school (as defined in this notice) or persistently lowest-achieving school (as defined in this notice). An applicant must identify in its application the public school or schools that would be served and the current status of reforms in the school or schools, including, if applicable, the type of intervention model being implemented. In cases where an applicant operates a school or partners with a school that does not serve all students in the neighborhood, the applicant must partner with at least one additional school or schools that also serves students in the neighborhood. An applicant proposing to work with a persistently lowest-achieving school must include as part of its strategy one of the four school intervention models (turnaround model, restart model, school closure, or transformation model) described in Appendix C of the Race to the Top (RTT) notice inviting applications for new awards for FY 2010 that was published in the<E T="04">Federal Register</E>on November 18, 2009 (74 FR 59836, 59866).</P>
        <P>An applicant proposing to work with a low-performing school must include, as part of its strategy, ambitious, rigorous, and comprehensive interventions to assist, augment, or replace schools, which may include implementing one of the four school intervention models, or may include another model of sufficient ambition, rigor, and comprehensiveness to significantly improve academic and other outcomes for students. An applicant proposing to work with a low-performing school must include an intervention that addresses the effectiveness of teachers and leaders and the school's use of time and resources, which may include increased learning time (as defined in this notice);</P>
        <NOTE>
          <HD SOURCE="HED">Note regarding school reform strategies:</HD>

          <P>So as not to penalize an applicant for proposing to work with an LEA that has implemented rigorous reform strategies prior to the publication of this notice, an applicant is not required to propose a new reform strategy in place of an existing reform strategy in order to be eligible for a Promise Neighborhoods planning grant. For example, an LEA might have begun to implement<PRTPAGE P="23693"/>improvement activities that meet many, but not all, of the elements of a transformation model of school intervention. In this case, the applicant could propose, as part of its Promise Neighborhood strategy, to work with the LEA as the LEA continues with its reforms.</P>
        </NOTE>
        <P>(c) Programs that prepare students to be college- and career-ready; and</P>
        <P>(d) Family and community supports (as defined in this notice).</P>
        <P>To the extent feasible and appropriate, the applicant must describe, in its plan, how the applicant and its partners will leverage and integrate high-quality programs, related public and private investments, and existing neighborhood assets into the continuum of solutions.</P>
        <P>An applicant must also describe in its plan how it will identify Federal, State, or local policies, regulations, or other requirements that would impede its ability to achieve its goals and how it will report on those impediments to the Department and other relevant agencies.</P>
        <P>As part of the description of how it will plan to build a continuum of solutions, the applicant must describe how it will participate in, organize, or facilitate, as appropriate, communities of practice (as defined in this notice) for Promise Neighborhoods.</P>
        <P>(3) Specify how it will conduct a comprehensive needs assessment and segmentation analysis of children and youth in the neighborhood during the planning grant project period and explain how it will use this needs assessment and segmentation analysis to determine the children with the highest needs and ensure that those children receive the appropriate services from the continuum of solutions. In this explanation of how it will use the needs assessment and segmentation analysis, the applicant must identify and describe in the application both the educational indicators and the family and community support indicators that the applicant will use in conducting the needs assessment during the planning year. During the planning year, the applicant must—</P>
        <P>(a) Collect data for the educational indicators listed in Table 1 and use them as both program and project indicators;</P>
        <P>(b) Collect data for the family and community support indicators in Table 2 and use them as program indicators; and</P>
        <P>(c) Collect data for unique family and community support indicators, developed by the applicant, that align with the goals and objectives of projects and use them as project indicators or use the indicators in Table 2 as project indicators.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>Planning grant applicants are not required to propose solutions in their applications; however, they are required to describe how they will identify solutions, including the use of available evidence, during the planning year that will result in improvements on the project indicators.</P>
        </NOTE>
        <GPOTABLE CDEF="s200,r100" COLS="2" OPTS="L2,i1">
          <TTITLE>Table 1—Education Indicators and Results They Are Intended To Measure</TTITLE>
          <BOXHD>
            <CHED H="1">Indicator</CHED>
            <CHED H="1">Result</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">—# and % of children birth to kindergarten entry who have a place where they usually go, other than an emergency room, when they are sick or in need of advice about their health</ENT>
            <ENT>Children enter kindergarten ready to succeed in school.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—# and % of three-year-olds and children in kindergarten who demonstrate at the beginning of the program or school year age-appropriate functioning across multiple domains of early learning (as defined in this notice) as determined using developmentally appropriate early learning measures (as defined in this notice).</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—# and % of children, from birth to kindergarten entry, participating in center-based or formal home-based early learning settings or programs, which may include Early Head Start, Head Start, child care, or preschool.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—# and % of students at or above grade level according to State mathematics and reading or language arts assessments in at least the grades required by the ESEA (3rd through 8th and once in high school)</ENT>
            <ENT>Students are proficient in core academic subjects.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—Attendance rate of students in 6th, 7th, 8th, and 9th grade</ENT>
            <ENT>Students successfully transition from middle school grades to high school.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—Graduation rate (as defined in this notice)</ENT>
            <ENT>Youth graduate from high school.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">—# and % of Promise Neighborhood students who graduate with a regular high school diploma, as defined in 34 CFR 200.19(b)(1)(iv), and obtain postsecondary degrees, vocational certificates, or other industry-recognized certifications or credentials without the need for remediation</ENT>
            <ENT>High school graduates obtain a postsecondary degree, certification, or credential.</ENT>
          </ROW>
        </GPOTABLE>
        <GPOTABLE CDEF="s200,r100" COLS="2" OPTS="L2,i1">
          <TTITLE>Table 2—Family and Community Support Indicators and Results They Are Intended To Measure</TTITLE>
          <BOXHD>
            <CHED H="1">Indicator</CHED>
            <CHED H="1">Result</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01" O="xl">—# and % of children who participate in at least 60 minutes of moderate to vigorous physical activity daily; and—# &amp; % of children who consume five or more servings of fruits and vegetables daily; or</ENT>
            <ENT>Students are healthy.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—possible third indicator, to be determined (TBD) by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—# and % of students who feel safe at school and traveling to and from school, as measured by a school climate needs assessment (as defined in this notice); or</ENT>
            <ENT>Students feel safe at school and in their community.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—possible second indicator, TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—Student mobility rate (as defined in this notice); or</ENT>
            <ENT>Students live in stable communities.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—possible second indicator, TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—For children birth to kindergarten entry, the # and % of parents or family members who report that they read to their child three or more times a week;</ENT>
            <ENT>Families and community members support learning in Promise Neighborhood schools.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—For children in kindergarten through the eighth grade, the # and % of parents or family members who report encouraging their child to read books outside of school; and</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—For children in the ninth through twelfth grades, the # and % of parents or family members who report talking with their child about the importance of college and career; or</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—possible fourth indicator TBD by applicant.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="23694"/>
            <ENT I="01" O="xl">—# and % of students who have school and home access (and % of the day they have access) to broadband Internet (as defined in this notice) and a connected computing device; or</ENT>
            <ENT>Students have access to 21st century learning tools.</ENT>
          </ROW>
          <ROW>
            <ENT I="01" O="xl">—possible second indicator TBD by applicant.</ENT>
          </ROW>
        </GPOTABLE>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The indicators in Table 1 and Table 2 are not intended to limit an applicant from collecting and using data for additional indicators. Examples of additional indicators are—</P>
          <P>(i) The # and % of children who participate in high-quality learning activities during out-of-school hours or in the hours after the traditional school day ends;</P>
          <P>(ii) The # and % of children who are suspended or receive discipline referrals during the school year;</P>
          <P>(iii) The share of housing stock in the geographically defined area that is rent-protected, publicly assisted, or targeted for redevelopment with local, State, or Federal funds; and</P>
          <P>(iv) The # and % of children who are homeless or in foster care and who have an assigned adult advocate.</P>
        </NOTE>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>While the Department believes there are many programmatic benefits of collecting data on every child in the proposed neighborhood, the Department will consider requests to collect data on only a sample of the children in the neighborhood for some indicators so long as the applicant describes in its application how it would ensure the sample would be representative of the children in the neighborhood.</P>
        </NOTE>
        <P>(4) Describe the experience and lessons learned, and describe how the applicant will build the capacity of its management team and project director in all of the following areas:</P>
        <P>(a) Working with the neighborhood and its residents, including parents and families that have children or other family members with disabilities or ELs, as well as with the school(s) described in paragraph (2) of this priority; the LEA in which the school or schools are located; Federal, State, and local government leaders; and other service providers.</P>
        <P>(b) Collecting, analyzing, and using data for decision-making, learning, continuous improvement, and accountability. The applicant must describe—</P>
        <P>(i) Its proposal to plan to build, adapt, or expand a longitudinal data system that integrates student-level data from multiple sources in order to measure progress on educational and family and community support indicators for all children in the neighborhood, disaggregated by the subgroups listed in section 1111(b)(3)(C)(xiii) of the ESEA;</P>
        <P>(ii) How the applicant will link the longitudinal data system to school-based, LEA, and State data systems; make the data accessible to parents, families, community residents, program partners, researchers, and evaluators while abiding by Federal, State, and other privacy laws and requirements; and manage and maintain the system;</P>
        <P>(iii) How the applicant will use rapid-time (as defined in this notice) data both in the planning year and, once the Promise Neighborhood strategy is implemented, for continuous program improvement; and</P>
        <P>(iv) How the applicant will document the planning process, including by describing lessons learned and best practices;</P>
        <P>(c) Creating formal and informal partnerships, for such purposes as providing solutions along the continuum of solutions and attaining resources to sustain and scale up what works. An applicant, as part of its application, must submit a preliminary memorandum of understanding, signed by each organization or agency with which it would partner in planning the proposed Promise Neighborhood. The preliminary memorandum of understanding must describe—</P>
        <P>(i) Each partner's financial and programmatic commitment; and</P>
        <P>(ii) How each partner's existing vision, theory of change (as defined in this notice), theory of action (as defined in this notice), and existing activities align with those of the proposed Promise Neighborhood strategy;</P>
        <P>(d) The governance structure proposed for the Promise Neighborhood, including a system for holding partners accountable, how the eligible entity's governing board or advisory board is representative of the geographic area proposed to be served (as defined in this notice), and how residents of the geographic area would have an active role in the organization's decision-making; and</P>
        <P>(e) Securing and integrating funding streams from multiple public and private sources from the Federal, State, and local level. Examples of public funds include Federal resources from the U.S. Department of Education, such as the 21st Century Community Learning Centers program and title I of the ESEA, and from other Federal agencies, such as the U.S. Departments of Health and Human Services, Housing and Urban Development, Justice, Labor, and Treasury.</P>
        <P>(5) Describe the applicant's commitment to work with the Department, and with a national evaluator for Promise Neighborhoods or another entity designated by the Department, to ensure that data collection and program design are consistent with plans to conduct a rigorous national evaluation of the Promise Neighborhoods program and of specific solutions and strategies pursued by individual grantees. This commitment must include, but need not be limited to—</P>
        <P>(a) Ensuring that, through memoranda of understanding with appropriate entities, the national evaluator and the Department have access to relevant program and project data (e.g., administrative data and program and project indicator data), including data on a quarterly basis if requested by the Department;</P>
        <P>(b) Developing, in consultation with the national evaluator, an evaluation strategy, including identifying a credible comparison group; and</P>
        <P>(c) Developing, in consultation with the national evaluator, a plan for identifying and collecting reliable and valid baseline data for both program participants and a designated comparison group of non-participants.</P>
        <HD SOURCE="HD2">Planning Grant Priority 2 (Absolute)</HD>
        <HD SOURCE="HD3">Promise Neighborhoods in Rural Communities</HD>

        <P>To meet this priority, an applicant must propose to develop a plan for implementing a Promise Neighborhood strategy that (1) meets all of the requirements in<E T="03">Absolute Priority 1;</E>and (2) proposes to serve one or more rural communities only.</P>
        <HD SOURCE="HD2">Planning Grant Priority 3 (Absolute)</HD>
        <HD SOURCE="HD3">Promise Neighborhoods in Tribal Communities</HD>

        <P>To meet this priority, an applicant must propose to develop a plan for implementing a Promise Neighborhood strategy that (1) meets all of the requirements in<E T="03">Absolute Priority 1;</E>and (2) proposes to serve one or more Indian tribes (as defined in this notice).</P>
        <P>
          <E T="03">Competitive Preference Priorities:</E>For FY 2012, these priorities are competitive<PRTPAGE P="23695"/>preference priorities. Under 34 CFR 75.105(c)(2)(i) we award additional points to an application depending on how well the application meets Planning Grant Priorities 4, 5, 6, or 7 (Competitive Preference). Applicants may address more than one of the competitive preference priorities; however, the Department will review and award points only for a maximum of two of the competitive preference priorities. Therefore, an applicant must identify in the project narrative section of its application the priority or the two priorities it wishes the Department to consider for purposes of earning the competitive preference priority points.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The Department will not review or award points under any competitive preference priority for an application that (1) fails to clearly identify the competitive preference priority or two priorities it wishes the Department to consider for purposes of earning the competitive preference priority points, or (2) identifies more than two competitive preference priorities.</P>
        </NOTE>
        <P>These priorities are:</P>
        <HD SOURCE="HD2">Planning Grant Priority 4 (Competitive Preference)</HD>
        <HD SOURCE="HD3">Comprehensive Local Early Learning Network (Zero, One, or Two Points)</HD>

        <P>To meet this priority, an applicant must propose to develop a plan to expand, enhance, or modify an existing network of early learning programs and services to ensure that they are high-quality and comprehensive for children from birth through the third grade. The plan must also ensure that the network establishes a high standard of quality across early learning settings and is designed to improve outcomes across multiple domains of early learning. Distinct from the early learning solutions described in paragraph (2) of<E T="03">Absolute Priority 1,</E>this priority supports proposals to develop plans that integrate various early learning services and programs in the neighborhood in order to enhance the quality of such services and programs, i.e., school-based early learning programs; locally or State-funded preschool programs; Early Head Start and Head Start; the local child care resource and referral agency, if applicable; Individuals with Disabilities Education Act (IDEA) services and programs; services through private providers; home visiting programs; public and private child care providers that are licensed by the State, including public and private providers and center-based care; and family, friend, or neighbor care in the Promise Neighborhood.</P>

        <P>The local early learning network must address or incorporate ongoing State-level efforts regarding the major components of high-quality early learning programs and services, such as State early learning and development standards, program quality standards, comprehensive assessment systems, workforce and professional development systems, health promotion, family and community engagement, a coordinated data infrastructure, and a method of measuring, monitoring, evaluating, and improving program quality. For example, an applicant might address how the Promise Neighborhoods project will use the State's early learning standards, as applicable, and the Head Start Child Development and Early Learning Framework (Framework), as applicable, to define the expectations of what children should know and be able to do before entering kindergarten. The Framework is available on the Office of Head Start's Web site at:<E T="03">http://eclkc.ohs.acf.hhs.gov/hslc/tta-system/teaching/eecd/Assessment/Child%20Outcomes/HS_Revised_Child_Outcomes_Framework(rev-Sept2011).pdf</E>. Similarly, an applicant that addresses this priority must discuss, where applicable, how it would align with the State's Quality Rating and Improvement System (QRIS), as applicable, professional development and workforce infrastructure, and other appropriate State efforts. In addition, the proposal must describe how the project will provide, to the extent practicable, early learning opportunities on multiple platforms (e.g., public television, Web-based) and in multiple locations (e.g., at home, at school, and at other community locations.)</P>
        <P>
          <E T="03">Note regarding accessibility of early learning programs and services:</E>These early learning opportunities must be fully accessible to individuals with disabilities, including individuals who are blind or have low vision; otherwise, the plans must describe how accommodations or modifications will be provided to ensure that the benefits of the early learning opportunities are provided to children and youth with disabilities in an equally effective and equally integrated manner.</P>
        <P>The proposal to develop a plan for a high-quality and comprehensive local early learning network must describe the governance structure and how the applicant will use the planning year to plan solutions that address the major components of high-quality early learning programs and services as well as establish goals, strategies, and benchmarks to provide early learning programs and services that result in improved outcomes across multiple domains of early learning (as defined in this notice). An applicant addressing this priority must designate an individual responsible for overseeing and integrating the early learning initiatives and must include a resume or position description and other supporting documentation to demonstrate that the individual designated, or individual hired to carry out those responsibilities, possesses the appropriate State certification, and has experience and expertise in managing and administering high-quality early learning programs, including in coordinating across various high-quality early learning programs and services.</P>
        <HD SOURCE="HD2">Planning Grant Priority 5 (Competitive Preference)</HD>
        <HD SOURCE="HD3">Quality Internet Connectivity (Zero or One Point)</HD>
        <P>To meet this priority, an applicant must propose to develop a plan to ensure that almost all students in the geographic area proposed to be served have broadband internet access (as defined in this notice) at home and at school, the knowledge and skills to use broadband internet access effectively, and a connected computing device to support schoolwork.</P>
        <HD SOURCE="HD2">Planning Grant Priority 6 (Competitive Preference)</HD>
        <HD SOURCE="HD3">Arts and Humanities (Zero or One Point)</HD>
        <P>To meet this priority, an applicant must propose to develop a plan to include opportunities for children and youth to experience and participate actively in the arts and humanities in their community so as to broaden, enrich, and enliven the educational, cultural, and civic experiences available in the neighborhood. Applicants may propose to develop plans for offering these activities in school and in out-of-school settings and at any time during the calendar year.</P>
        <HD SOURCE="HD2">Planning Grant Priority 7 (Competitive Preference)</HD>
        <HD SOURCE="HD3">Quality Affordable Housing (Zero or One Point)</HD>

        <P>To meet this priority, an applicant must propose to serve geographic areas that were the subject of an affordable housing transformation pursuant to a Choice Neighborhoods or HOPE VI grant awarded by the U.S. Department of Housing and Urban Development during FY 2009 or later years. To be eligible under this priority, the applicant must either (1) be able to demonstrate that it has received a Choice Neighborhoods or HOPE VI grant or (2) provide, in its application, a memorandum of<PRTPAGE P="23696"/>understanding between it and a partner that is a recipient of Choice Neighborhoods or HOPE VI grant. The memorandum must indicate a commitment on the part of the applicant and partner to coordinate planning and align resources to the greatest extent practicable.</P>
        <P>
          <E T="03">Invitational Priority:</E>For FY 2012, this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.</P>
        <P>This priority is:</P>
        <HD SOURCE="HD2">Planning Grant Priority 8 (Invitational)</HD>
        <HD SOURCE="HD3">Family Engagement in Learning Through Adult Education</HD>
        <P>To meet this priority, an applicant must propose to develop a plan that is coordinated with adult education providers serving neighborhood residents, such as those funded through the Adult Education and Family Literacy Act. Coordinated services may include adult basic and secondary education and programs that provide training and opportunities for family members and other members of the community to support student learning and establish high expectations for student educational achievement. Examples of services and programs include preparation for the General Education Development (GED) test; English literacy, family literacy, and work-based literacy training; or other training that prepares adults for postsecondary education and careers or supports adult engagement in the educational success of children and youth in the neighborhood.</P>
        <HD SOURCE="HD2">Definitions</HD>
        <P>The following definitions apply to this program:<E T="03">Broadband internet access</E>means internet access sufficient to provide community members with the internet available when and where they need it and for the uses they require.<E T="03">Children with disabilities</E>or<E T="03">CWD</E>means individuals who meet the definition of<E T="03">child with a disability</E>in 34 CFR 300.8,<E T="03">infant or toddler with a disability</E>in 34 CFR 300.25,<E T="03">handicapped person</E>in 34 CFR 104.3(j), or disability as it pertains to an individual in 42 U.S.C. 12102.</P>
        <P>
          <E T="03">Community of practice</E>means a group of grantees that agrees to interact regularly to solve a persistent problem or improve practice in an area that is important to them and the success of their projects. Establishment of communities of practice under Promise Neighborhoods will enable grantees to meet, discuss, and collaborate with each other regarding grantee projects.</P>
        <P>
          <E T="03">Continuum of cradle-through-college-to-career solutions</E>or<E T="03">continuum of solutions</E>means solutions that—</P>
        <P>(1) Include programs, policies, practices, services, systems, and supports that result in improving educational and developmental outcomes for children from cradle through college to career;</P>
        <P>(2) Are based on the best available evidence, including, where available, strong or moderate evidence (as defined in this notice);</P>
        <P>(3) Are linked and integrated seamlessly (as defined in this notice); and</P>
        <P>(4) Include both education programs and family and community supports.</P>
        <P>
          <E T="03">Credible comparison group</E>includes a comparison group formed by matching project participants with non-participants based on key characteristics that are thought to be related to outcomes. These characteristics include, but are not limited to: (1) Prior test scores and other measures of academic achievement (preferably the same measures that will be used to assess the outcomes of the project); (2) demographic characteristics, such as age, disability, gender, English proficiency, ethnicity, poverty level, parents' educational attainment, and single- or two-parent family background; (3) the time period in which the two groups are studied (e.g., the two groups are children entering kindergarten in the same year as opposed to sequential years); and (4) methods used to collect outcome data (e.g., the same test of reading skills administered in the same way to both groups).</P>
        <P>
          <E T="03">Developmentally appropriate early learning measures</E>means a range of assessment instruments that are used in ways consistent with the purposes for which they were designed and validated; appropriate for the ages and other characteristics of the children being assessed; designed and validated for use with children whose ages, cultures, languages spoken at home, socioeconomic status, abilities and disabilities, and other characteristics are similar to those of the children with whom the assessments will be used; and used in compliance with the measurement standards set forth by the American Educational Research Association (AERA), the American Psychological Association (APA), and the National Council for Measurement in Education (NCME) in the 1999 Standards for Educational and Psychological Testing.</P>
        <P>
          <E T="03">Education programs</E>means programs that include, but are not limited to—</P>
        <P>(1) High-quality early learning programs or services designed to improve outcomes across multiple domains of early learning for young children. Such programs must be specifically intended to align with appropriate State early learning and development standards, practices, strategies, or activities across as broad an age range as birth through third grade so as to ensure that young children enter kindergarten and progress through the early elementary school grades demonstrating age-appropriate functioning across the multiple domains;</P>
        <P>(2) For children in preschool through the 12th grade, programs, inclusive of related policies and personnel, that are linked to improved educational outcomes. The programs—</P>
        <P>(a) Must include effective teachers and effective principals;</P>
        <P>(b) Must include strategies, practices, or programs that encourage and facilitate the evaluation, analysis, and use of student achievement, student growth (as defined in this notice), and other data by educators, families, and other stakeholders to inform decision-making;</P>
        <P>(c) Must include college- and career-ready standards, assessments, and practices, including a well-rounded curriculum, instructional practices, strategies, or programs in, at a minimum, core academic subjects as defined in section 9101(11) of the ESEA, that are aligned with high academic content and achievement standards and with high-quality assessments based on those standards; and</P>
        <P>(d) May include creating multiple pathways for students to earn regular high school diplomas (e.g., using schools that serve the needs of over-aged, under-credited, or other students with an exceptional need for flexibility regarding when they attend school or the additional supports they require; awarding credit based on demonstrated evidence of student competency; or offering dual-enrollment options); and</P>
        <P>(3) Programs that prepare students for college and career success, which may include programs that—</P>
        <P>(a) Create and support partnerships with community colleges, four-year colleges, or universities and that help instill a college-going culture in the neighborhood;</P>
        <P>(b) Provide dual-enrollment opportunities for secondary students to gain college credit while in high school;</P>

        <P>(c) Provide, through relationships with businesses and other organizations,<PRTPAGE P="23697"/>apprenticeship opportunities to students;</P>
        <P>(d) Align curricula in the core academic subjects with requirements for industry-recognized certifications or credentials, particularly in high-growth sectors;</P>
        <P>(e) Provide access to career and technical education programs so that individuals can attain the skills and industry-recognized certifications or credentials for success in their careers;</P>
        <P>(f) Help college students, including CWD and ELs from the neighborhood to transition to college, persist in their academic studies in college, graduate from college, and transition into the workforce; and</P>
        <P>(g) Provide opportunities for all youth (both in and out of school) to achieve academic and employment success by improving educational and skill competencies and providing connections to employers. Such activities may include opportunities for on-going mentoring, supportive services, incentives for recognition and achievement, and opportunities related to leadership, development, decision-making, citizenship, and community service.</P>
        <P>
          <E T="03">Effective school</E>means a school that has—</P>
        <P>(1) Significantly closed the achievement gaps between subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) within the school or district; or</P>
        <P>(2)(a) Demonstrated success in significantly increasing student academic achievement in the school for all subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) in the school; and (b) made significant improvements in other areas, such as graduation rates (as defined in this notice) or recruitment and placement of effective teachers and effective principals.</P>
        <P>
          <E T="03">Eligible organization</E>means an organization that—</P>
        <P>(1) Is representative of the geographic area proposed to be served (as defined in this notice);</P>
        <P>(2) Is one of the following:</P>
        <P>(a) A nonprofit organization that meets the definition of a nonprofit under 34 CFR 77.1(c), which may include a faith-based nonprofit organization.</P>
        <P>(b) An institution of higher education as defined by section 101(a) of the Higher Education Act of 1965, as amended.</P>
        <P>(c) An Indian tribe (as defined in this notice);</P>
        <P>(3) Currently provides at least one of the solutions from the applicant's proposed continuum of solutions in the geographic area proposed to be served; and</P>
        <P>(4) Operates or proposes to work with and involve in carrying out its proposed project, in coordination with the school's LEA, at least one public elementary or secondary school that is located within the identified geographic area that the grant will serve.</P>
        <P>
          <E T="03">English learners</E>or<E T="03">ELs</E>means individuals who meet the definition of limited English proficient, as defined in section 9101(25) of the ESEA.</P>
        <P>
          <E T="03">Family and community supports</E>means—</P>
        <P>(1) Child and youth health programs, such as physical, mental, behavioral, and emotional health programs (e.g., home visiting programs; Early Head Start; programs to improve nutrition and fitness, reduce childhood obesity, and create healthier communities);</P>
        <P>(2) Safety programs, such as programs in school and out of school to prevent, control, and reduce crime, violence, drug and alcohol use, and gang activity; programs that address classroom and school-wide behavior and conduct; programs to prevent child abuse and neglect; programs to prevent truancy and reduce and prevent bullying and harassment; and programs to improve the physical and emotional security of the school setting as perceived, experienced, and created by students, staff, and families;</P>
        <P>(3) Community stability programs, such as programs that—</P>
        <P>(a) Increase the stability of families in communities by expanding access to quality, affordable housing, providing legal support to help families secure clear legal title to their homes, and providing housing counseling or housing placement services;</P>
        <P>(b) Provide adult education and employment opportunities and training to improve educational levels, job skills and readiness in order to decrease unemployment, with a goal of increasing family stability;</P>
        <P>(c) Improve families' awareness of, access to, and use of a range of social services, if possible at a single location;</P>
        <P>(d) Provide unbiased, outcome-focused, and comprehensive financial education, inside and outside the classroom and at every life stage;</P>
        <P>(e) Increase access to traditional financial institutions (e.g., banks and credit unions) rather than alternative financial institutions (e.g., check cashers and payday lenders);</P>
        <P>(f) Help families increase their financial literacy, financial assets, and savings; and</P>
        <P>(g) Help families access transportation to education and employment opportunities;</P>
        <P>(4) Family and community engagement programs that are systemic, integrated, sustainable, and continue through a student's transition from K-12 school to college and career. These programs may include family literacy programs and programs that provide adult education and training and opportunities for family members and other members of the community to support student learning and establish high expectations for student educational achievement; mentorship programs that create positive relationships between children and adults; programs that provide for the use of such community resources as libraries, museums, television and radio stations, and local businesses to support improved student educational outcomes; programs that support the engagement of families in early learning programs and services; programs that provide guidance on how to navigate through a complex school system and how to advocate for more and improved learning opportunities; and programs that promote collaboration with educators and community organizations to improve opportunities for healthy development and learning; and</P>
        <P>(5) 21st century learning tools, such as technology (e.g., computers and mobile phones) used by students in the classroom and in the community to support their education. This includes programs that help students use the tools to develop knowledge and skills in such areas as reading and writing, mathematics, research, critical thinking, communication, creativity, innovation, and entrepreneurship.</P>
        <P>
          <E T="03">Graduation rate</E>means the four-year or extended-year adjusted cohort graduation rate as defined by 34 CFR 200.19(b)(1).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>This definition is not meant to prevent a grantee from also collecting information about the reasons why students do not graduate from the target high school, e.g., dropping out or moving outside of the school district for non-academic or academic reasons.</P>
        </NOTE>
        <P>
          <E T="03">Increased learning time</E>means using a longer school day, week, or year to significantly increase the total number of school hours. This strategy is used to redesign the school's program in a manner that includes additional time for (a) Instruction in core academic subjects as defined in section 9101(11) of the ESEA; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other<PRTPAGE P="23698"/>organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects.</P>
        <P>
          <E T="03">Indian tribe</E>means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe, 25 U.S.C. 479a and 479a-1 or any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601,<E T="03">et seq.,</E>that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term “Indian” means a member of an Indian tribe.</P>
        <P>
          <E T="03">Indicators of need</E>means currently available data that describe—</P>
        <P>(1) Education need, which means—</P>
        <P>(a) All or a portion of the neighborhood includes or is within the attendance zone of a low-performing school that is a high school, especially one in which the graduation rate (as defined in this notice) is less than 60 percent or a school that can be characterized as low-performing based on another proxy indicator, such as students' on-time progression from grade to grade; and</P>
        <P>(b) Other indicators, such as significant</P>
        <P>achievement gaps between subgroups of students (as identified in section 1111(b)(3)(C)(xiii) of the ESEA) within a school or LEA, high teacher and principal turnover, or high student absenteeism; and</P>
        <P>(2) Family and community support need, which means—</P>
        <P>(a) Percentages of children with preventable chronic health conditions (e.g., asthma, poor nutrition, dental problems, obesity) or avoidable developmental delays;</P>
        <P>(b) Immunization rates;</P>
        <P>(c) Rates of crime, including violent crime;</P>
        <P>(d) Student mobility rates;</P>
        <P>(e) Teenage birth rates;</P>
        <P>(f) Percentage of children in single-parent or no-parent families;</P>
        <P>(g) Rates of vacant or substandard homes, including distressed public and assisted housing; or</P>
        <P>(h) Percentage of the residents living at or below the Federal poverty threshold.</P>
        <P>
          <E T="03">Linked and integrated seamlessly,</E>with respect to the continuum of solutions, means solutions that have common outcomes, focus on similar milestones, support transitional time periods (e.g., the beginning of kindergarten, the middle grades, or graduation from high school) along the cradle-through-college-to-career continuum, and address time and resource gaps that create obstacles for students in making academic progress.</P>
        <P>
          <E T="03">Low-performing schools</E>means schools receiving assistance through title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA), that are in corrective action or restructuring in the State, as determined under section 1116 of the ESEA, and the secondary schools (both middle and high schools) in the State that are equally as low-achieving as these Title I schools and are eligible for, but do not receive, Title I funds.</P>
        <P>
          <E T="03">Moderate evidence</E>means evidence from previous studies with designs that can support causal conclusions (i.e., studies with high internal validity) but have limited generalizability (i.e., moderate external validity) or from studies with high external validity but moderate internal validity.</P>
        <P>
          <E T="03">Multiple domains of early learning</E>means physical well-being and motor development; social-emotional development; approaches toward learning, which refers to the inclinations, dispositions, or styles, rather than skills, that reflect ways that children become involved in learning and develop their inclinations to pursue learning; language and literacy development, including emergent literacy; and cognition and general knowledge, which refers to thinking and problem-solving as well as knowledge about particular objects and the way the world works. Cognition and general knowledge include mathematical and scientific knowledge, abstract thought, and imagination.</P>
        <P>
          <E T="03">Neighborhood assets</E>means—</P>
        <P>(1) Developmental assets that allow residents to attain the skills needed to be successful in all aspects of daily life (e.g., educational institutions, early learning centers, and health resources);</P>
        <P>(2) Commercial assets that are associated with production, employment, transactions, and sales (e.g., labor force and retail establishments);</P>
        <P>(3) Recreational assets that create value in a neighborhood beyond work and education (e.g., parks, open space, community gardens, and arts organizations);</P>
        <P>(4) Physical assets that are associated with the built environment and physical infrastructure (e.g., housing, commercial buildings, and roads); and</P>
        <P>(5) Social assets that establish well-functioning social interactions (e.g., public safety, community engagement, and partnerships with youth, parents, and families).</P>
        <P>
          <E T="03">Persistently lowest-achieving school</E>
          <SU>4</SU>
          <FTREF/>means, as determined by the State—</P>
        <FTNT>
          <P>

            <SU>4</SU>The Department considers schools that are identified as Tier I or Tier II schools under the School Improvement Grants Program (see 75 FR 66363) as part of a State's approved FY 2009 or FY 2010 applications to be persistently lowest-achieving schools. A list of these Tier I and Tier II schools can be found on the Department's Web site at<E T="03">http://www2.ed.gov/programs/sif/index.html.</E>
          </P>
        </FTNT>
        <P>(1) Any school receiving assistance through Title I that is in improvement, corrective action, or restructuring and that—</P>
        <P>(a) Is among the lowest-achieving five percent of Title I schools in improvement, corrective action, or restructuring or the lowest-achieving five Title I schools in improvement, corrective action, or restructuring in the State, whichever number of schools is greater; or</P>
        <P>(b) Is a high school that has had a graduation rate that is less than 60 percent over a number of years; and</P>
        <P>(2) Any secondary school that is eligible for, but does not receive, Title I funds that—</P>
        <P>(a) Is among the lowest-achieving five percent of secondary schools or the lowest-achieving five secondary schools in the State that are eligible for, but do not receive, Title I funds, whichever number of schools is greater; or</P>
        <P>(b) Is a high school that has had a graduation rate that is less than 60 percent over a number of years.</P>
        <P>
          <E T="03">Program indicators</E>are indicators that the Department will use only for research and evaluation purposes and for which an applicant is not required to propose solutions.</P>
        <P>
          <E T="03">Project indicators</E>are indicators for which an applicant proposes solutions intended to result in progress on the indicators.</P>
        <P>
          <E T="03">Public officials</E>means elected officials (e.g., council members, aldermen and women, commissioners, State legislators, Congressional representatives, members of the school board), appointed officials (e.g., members of a planning or zoning commission, or of any other regulatory or advisory board or commission), or individuals who are not necessarily public officials, but who have been appointed by a public official to serve on the Promise Neighborhoods governing board or advisory board.</P>
        <P>
          <E T="03">Rapid-time,</E>in reference to reporting and availability of locally-collected data, means that data are available quickly enough to inform current lessons, instruction, and related education programs and family and community supports.</P>
        <P>
          <E T="03">Representative of the geographic area proposed to be served</E>means that<PRTPAGE P="23699"/>residents of the geographic area proposed to be served have an active role in decision-making and that at least one-third of the eligible entity's governing board or advisory board is made up of—</P>
        <P>(1) Residents who live in the geographic area proposed to be served, which may include residents who are representative of the ethnic and racial composition of the neighborhood's residents and the languages they speak;</P>
        <P>(2) Residents of the city or county in which the neighborhood is located but who live outside the geographic area proposed to be served, and who are low-income (which means earning less than 80 percent of the area's median income as published by the Department of Housing and Urban Development);</P>
        <P>(3) Public officials (as defined in this notice) who serve the geographic area proposed to be served (although not more than one-half of the governing board or advisory board may be made up of public officials); or</P>
        <P>(4) Some combination of individuals from the three groups listed in paragraphs (1), (2), and (3) of this definition.</P>
        <P>
          <E T="03">Rural community</E>means a neighborhood that—</P>

        <P>(1) Is served by an LEA that is currently eligible under the Small Rural School Achievement (SRSA) program or the Rural and Low-Income School (RLIS) program authorized under Title VI, Part B of the ESEA. Applicants may determine whether a particular LEA is eligible for these programs by referring to information on the following Department Web sites. For the SRSA program:<E T="03">http://www2.ed.gov/programs/reapsrsa/eligible10/index.html.</E>For the RLIS program:<E T="03">http://www2.ed.gov/programs/reaprlisp/eligible10/index.html;</E>or</P>

        <P>(2) Includes only schools designated with a school locale code of 42 or 43. Applicants may determine school locale codes by referring to the following Department Web site:<E T="03">http://nces.ed.gov/ccd/schoolsearch/.</E>
        </P>
        <P>
          <E T="03">School climate needs assessment</E>means an evaluation tool that measures the extent to which the school setting promotes or inhibits academic performance by collecting perception data from individuals, which could include students, staff, or families.</P>
        <P>
          <E T="03">Segmentation analysis</E>means the process of grouping and analyzing data from children and families in the geographic area proposed to be served according to indicators of need (as defined in this notice) or other relevant indicators.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The analysis is intended to allow grantees to differentiate and more effectively target interventions based on what they learn about the needs of different populations in the geographic area.</P>
        </NOTE>
        <P>
          <E T="03">Strong evidence</E>means evidence from studies with designs that can support causal conclusions (i.e., studies with high internal validity), and studies that, in total, include enough of the range of participants and settings to support scaling up to the State, regional, or national level (i.e., studies with high external validity).</P>
        <P>
          <E T="03">Student achievement</E>means—</P>
        <P>(1) For tested grades and subjects:</P>
        <P>(a) A student's score on the State's assessments under the ESEA; and, as appropriate,</P>
        <P>(b) Other measures of student learning, such as those described in paragraph (2) of this definition, provided they are rigorous and comparable across classrooms and programs.</P>
        <P>(2) For non-tested grades and subjects: alternative measures of student learning and performance, such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and other measures of student achievement that are rigorous and comparable across classrooms.</P>
        <P>
          <E T="03">Student growth</E>means the change in achievement data for an individual student between two or more points in time. Growth may also include other measures that are rigorous and comparable across classrooms.</P>
        <P>
          <E T="03">Student mobility rate</E>is calculated by dividing the total number of new student entries and withdrawals at a school, from the day after the first official enrollment number is collected through the end of the academic year, by the first official enrollment number of the academic year.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>This definition is not meant to limit a grantee from also collecting information about why students enter or withdraw from the school, e.g., transferring to charter schools, moving outside of the school district for non-academic or academic reasons.</P>
        </NOTE>
        <P>
          <E T="03">Theory of action</E>means an organization's strategy regarding how, considering its capacity and resources, it will take the necessary steps and measures to accomplish its desired results.</P>
        <P>
          <E T="03">Theory of change</E>means an organization's beliefs about how its inputs, and early and intermediate outcomes, relate to accomplishing its long-term desired results.</P>
        <P>
          <E T="03">Program Authority:</E>20 U.S.C.7243-7243b.</P>
        <P>
          <E T="03">Applicable Regulations:</E>(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. (b) The notice of final priorities, requirements, definitions, and selection criteria published in the<E T="04">Federal Register</E>on July 6, 2011 (76 FR 39590).</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.</P>
        </NOTE>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The regulations in 34 CFR part 86 apply to institutions of higher education only.</P>
        </NOTE>
        <HD SOURCE="HD1">II. Award Information</HD>
        <P>
          <E T="03">Type of Award:</E>Discretionary grants.</P>
        <P>
          <E T="03">Estimated Available Funds:</E>$7,000,000.</P>
        <P>These estimated available funds are only for Planning grants under the Promise Neighborhoods program.</P>
        <P>Contingent upon the availability of funds and the quality of the applications, we may make additional awards in FY 2013 or in subsequent years from the list of unfunded applicants from this competition.</P>
        <P>
          <E T="03">Estimated Range of Awards:</E>Up to $500,000.</P>
        <P>
          <E T="03">Estimated Average Size of Awards:</E>$467,000.</P>
        <P>
          <E T="03">Maximum Award:</E>$500,000.</P>
        <P>The maximum award amount is $500,000 per 12-month budget period. We may choose not to further consider or review applications with budget requests for any 12-month budget period that exceed this amount, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount.</P>
        <P>
          <E T="03">Estimated Number of Awards:</E>Up to 15.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The Department is not bound by any estimates in this notice.</P>
        </NOTE>
        <P>
          <E T="03">Project Period:</E>Up to 12 months.</P>
        <HD SOURCE="HD1">III. Eligibility Information</HD>
        <P>1.<E T="03">Eligible Applicants:</E>To be eligible for a grant under this competition, an applicant must be an eligible organization (as defined in this notice). For purposes of<E T="03">Absolute Priority 3: Promise Neighborhoods in Tribal Communities,</E>an eligible applicant is an eligible organization that partners with an Indian tribe or is an Indian tribe that meets the definition of an eligible organization.</P>
        <P>2.<E T="03">Cost-Sharing or Matching:</E>
        </P>

        <P>To be eligible for a planning grant under this competition, an applicant must demonstrate that it has established a commitment from one or more entities in the public or private sector, which may include Federal, State, and local public agencies, philanthropic<PRTPAGE P="23700"/>organizations, private businesses, or individuals, to provide matching funds for the planning process. An applicant for a planning grant must obtain matching funds or in-kind donations for the planning process equal to at least 50 percent of its grant award, except that an applicant proposing a project that meets<E T="03">Absolute Priority 2: Promise Neighborhoods in Rural Communities</E>or<E T="03">Absolute Priority 3: Promise Neighborhoods in Tribal Communities</E>must obtain matching funds or in-kind donations equal to at least 25 percent of the grant award.</P>
        <P>Both planning and implementation applicants must demonstrate a commitment of matching funds in the applications. The applicants must specify the source of the funds or contributions and, in the case of a third-party in-kind contribution, a description of how the value was determined for the donated or contributed goods or service. Applicants must demonstrate the match commitment by including letters in their applications explaining the type and quantity of the match commitment with original signatures from the executives of organizations or agencies providing the match. The Secretary may consider decreasing the matching requirement in the most exceptional circumstances, on a case-by-case basis.</P>

        <P>An applicant that is unable to meet the matching requirement must include in its application a request to the Secretary to reduce the matching requirement, including the amount of the requested reduction, the total remaining match contribution, and a statement of the basis for the request. An applicant should review the Department's cost-sharing and cost-matching regulations. These include specific limitations in 34 CFR 74.23, which is applicable to non-profit organizations and institutions of higher education, and 34 CFR 80.24, which is applicable to State, local, and Indian tribal governments. Applicants should also review the Office of Management and Budget (OMB) cost principles regarding donations, capital assets, depreciations and allowable costs. These circulars are available on OMB's Web site at<E T="03">http://www.whitehouse.gov/omb/circulars/index.html.</E>
        </P>
        <P>3.<E T="03">Other: Funding Categories:</E>An applicant must state in its application whether it is applying for a Planning grant or an Implementation grant. An applicant will be considered for an award only for the type of grant for which it applies.</P>
        <HD SOURCE="HD1">IV. Application and Submission Information</HD>
        <HD SOURCE="HD2">1. Address To Request Application Package</HD>

        <P>Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., room 4W256, LBJ, Washington, DC 20202. Telephone: (202) 453-5638 or by email:<E T="03">PromiseNeighborhoods@ed.gov.</E>If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.</P>
        <P>Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the program contact person listed in this section.</P>
        <HD SOURCE="HD2">2. Content and Form of Application Submission</HD>
        <P>Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.</P>
        <P>Notice of Intent to Apply: June 8, 2012.</P>

        <P>We will be able to develop a more efficient process for reviewing grant applications if we know the approximate number of applicants that intend to apply for funding under this competition. Therefore, the Secretary strongly encourages each potential applicant to notify us of the applicant's intent to submit an application for funding by completing a Web-based form. When completing this form, applicants will provide (1) the applicant organization's name and address, and (2) the type of grant for which the applicant intends to apply. Applicants may access this form online at<E T="03">http://wdcrobcolp01.ed.gov/CFAPPS/survey/survey.cfm?ID=5c306e04-40e0-4cb3-b6e7-4a8ea1d2012e.</E>Applicants that do not complete this form may still apply for funding.</P>
        <P>Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You are strongly encouraged to limit the application narrative [Part III] for a planning application to no more than 40 pages, using the following standards:</P>
        <P>• A “page” is 8.5″ × 11″, on one side only, with 1″ margins at the top, bottom, and both sides.</P>
        <P>• Double space (no more than three lines per vertical inch) all text in the application narrative. Text in charts, tables, figures, and graphs may be single-spaced.</P>
        <P>• Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).</P>
        <P>• Use one of the following fonts is strongly encouraged: Times New Roman, Courier, Courier New, or Arial.</P>
        <P>• Include page numbers at the bottom of each page in your application narrative.</P>
        <P>The suggested page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the page limit does apply to all of the application narrative section [Part III].</P>
        <HD SOURCE="HD2">3. Submission Dates and Times</HD>
        <P>
          <E T="03">Applications Available:</E>April 20, 2012.</P>
        <P>
          <E T="03">Deadline for Notice of Intent To Apply:</E>June 8, 2012.</P>
        <P>
          <E T="03">Date of Pre-Application Webinars:</E>May 15, 2012, and June 12, 2012. Pre-application webinars are designed to provide technical assistance to interested applicants for Promise Neighborhoods grants. Detailed information regarding the pre-application webinar times will be available through the Department of Education Web site at<E T="03">http://www2.ed.gov/programs/promiseneighborhoods/index.html</E>.</P>
        <P>
          <E T="03">Deadline for Transmittal of Applications:</E>June 19, 2012.</P>

        <P>Applications for grants under this competition must be submitted electronically using the<E T="03">Grants.gov</E>Apply site (<E T="03">Grants.gov</E>). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7.<E T="03">Other Submission Requirements</E>of this notice.</P>
        <P>We do not consider an application that does not comply with the deadline requirements.</P>

        <P>Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.<PRTPAGE P="23701"/>
        </P>
        <P>
          <E T="03">Deadline for Intergovernmental Review:</E>September 25, 2012.</P>
        <HD SOURCE="HD2">4. Intergovernmental Review</HD>
        <P>This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.</P>
        <HD SOURCE="HD2">5. Funding Restrictions</HD>

        <P>We reference regulations outlining funding restrictions in the<E T="03">Applicable Regulations</E>section of this notice.</P>
        <HD SOURCE="HD2">6. Data Universal Numbering System Number, Taxpayer Identification Number, and Central Contractor Registry</HD>
        <P>To do business with the Department of Education, you must—</P>
        <P>a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);</P>
        <P>b. Register both your DUNS number and TIN with the Central Contractor Registry (CCR), the Government's primary registrant database;</P>
        <P>c. Provide your DUNS number and TIN on your application; and</P>
        <P>d. Maintain an active CCR registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.</P>
        <P>You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one business day.</P>
        <P>If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow 2-5 weeks for your TIN to become active.</P>
        <P>The CCR registration process may take five or more business days to complete. If you are currently registered with the CCR, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your CCR registration on an annual basis. This may take three or more business days to complete.</P>

        <P>In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page:<E T="03">www.grants.gov/applicants/get_registered.jsp</E>.</P>
        <HD SOURCE="HD2">7. Other Submission Requirements</HD>
        <P>Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.</P>
        <HD SOURCE="HD3">a. Electronic Submission of Applications</HD>

        <P>Applications for grants under the Promise Neighborhoods Program (Implementation grants), CFDA Number 84.215N, must be submitted electronically using the Governmentwide Grants.gov Apply site at<E T="03">www.grants.gov</E>. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.</P>

        <P>We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement<E T="03">and</E>submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under<E T="03">Exception to Electronic Submission Requirement</E>.</P>

        <P>You may access the electronic grant application for Promise Neighborhoods Planning Grant Competition at<E T="03">www.Grants.gov</E>. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.215, not 84.215P).</P>
        <P>Please note the following:</P>
        <P>• When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.</P>
        <P>• Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.</P>
        <P>• The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.</P>

        <P>• You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at<E T="03">www.G5.gov</E>.</P>
        <P>• You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.</P>
        <P>• You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.</P>
        <P>• You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.</P>
        <P>• Your electronic application must comply with any page-limit requirements described in this notice.</P>

        <P>• After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a<PRTPAGE P="23702"/>second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).</P>
        <P>• We may request that you provide us original signatures on forms at a later date.</P>
        <P>
          <E T="03">Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:</E>If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.</P>
        <P>If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.</P>

        <P>If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.</P>
        </NOTE>
        <P>
          <E T="03">Exception to Electronic Submission Requirement:</E>You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—</P>
        <P>• You do not have access to the Internet; or</P>
        <P>• You do not have the capacity to upload large documents to the Grants.gov system;</P>
        <P>
          <E T="03">and</E>
        </P>
        <P>• No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.</P>
        <P>Address and mail or fax your statement to: Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W256, Washington, DC 20202. Fax: (202) 401-5638.</P>
        <P>Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.</P>
        <HD SOURCE="HD3">b. Submission of Paper Applications by Mail</HD>
        <P>If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.215P), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.</P>
        <P>You must show proof of mailing consisting of one of the following:</P>
        <P>(1) A legibly dated U.S. Postal Service postmark.</P>
        <P>(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.</P>
        <P>(3) A dated shipping label, invoice, or receipt from a commercial carrier.</P>
        <P>(4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.</P>
        <P>If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:</P>
        <P>(1) A private metered postmark.</P>
        <P>(2) A mail receipt that is not dated by the U.S. Postal Service.</P>
        <P>If your application is postmarked after the application deadline date, we will not consider your application.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.</P>
        </NOTE>
        <HD SOURCE="HD3">c. Submission of Paper Applications by Hand Delivery</HD>
        <P>If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA 84.215P), 550 12th Street SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260.</P>
        <P>The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.</P>
        <NOTE>
          <HD SOURCE="HED">Note for Mail or Hand Delivery of Paper Applications:</HD>
          <P>If you mail or hand deliver your application to the Department—</P>
          <P>(1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and</P>
          <P>(2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.</P>
        </NOTE>
        <HD SOURCE="HD1">V. Application Review Information</HD>
        <HD SOURCE="HD2">1. Selection Criteria</HD>
        <P>The selection criteria for this competition are from the 2011 Promise Neighborhoods NFP and from 34 CFR 75.210. The points assigned to each criterion are indicated in the parenthesis next to the criterion. Applicants may earn up to a total of 100 points. The selection criteria for planning grants are as follows:</P>
        <HD SOURCE="HD3">A. Need for Project (15 Points)</HD>
        <P>The Secretary considers the need for the proposed project.</P>
        <P>In determining the need for the proposed project, the Secretary considers—</P>

        <P>(1) The magnitude or severity of the problems to be addressed by the proposed project as described by<PRTPAGE P="23703"/>indicators of need and other relevant indicators (10 points); and</P>
        <P>(2) The extent to which the geographically defined area has been described (5 points).</P>
        <HD SOURCE="HD3">B. Quality of the Project Design (20 Points)</HD>
        <P>The Secretary considers the quality of the design of the proposed project.</P>
        <P>In determining the quality of the design of the proposed project, the Secretary considers—</P>
        <P>(1) The extent to which the continuum of solutions will be aligned with an ambitious, rigorous, and comprehensive strategy for improvement of schools in the neighborhood (10 points);</P>
        <P>(2) The extent to which the applicant describes a proposal to plan to create a complete continuum of solutions, including early learning through grade 12, college- and career-readiness, and family and community supports, without time and resource gaps that will prepare all children in the neighborhood to attain an excellent education and successfully transition to college and a career (5 points); and</P>
        <P>(3) The extent to which solutions leverage existing neighborhood assets and coordinate with other efforts, including programs supported by Federal, State, local, and private funds (5 points).</P>
        <HD SOURCE="HD3">C. Quality of Project Services (20 Points)</HD>
        <P>The Secretary considers the quality of the services to be provided by the proposed project.</P>
        <P>In determining the quality of the project services, the Secretary considers—</P>
        <P>(1) The extent to which the applicant describes how the needs assessment and segmentation analysis, including identifying and describing indicators, will be used during the planning phase to determine each solution within the continuum (10 points); and</P>
        <P>(2) The extent to which the applicant describes how it will determine that solutions are based on the best available evidence including, where available, strong or moderate evidence, and ensure that solutions drive results and lead to changes on indicators (10 points).</P>
        <HD SOURCE="HD3">D. Quality of the Management Plan (45 Points)</HD>
        <P>The Secretary considers the quality of the management plan for the proposed project.</P>
        <P>In determining the quality of the management plan for the proposed project, the Secretary considers the experience, lessons learned, and proposal to build capacity of the applicant's management team and project director in all of the following areas—</P>
        <P>(1) Working with the neighborhood and its residents; the schools described in paragraph (2)(b) of Absolute Priority 1; the LEA in which those schools are located; Federal, State, and local government leaders; and other service providers (10 points);</P>
        <P>(2) Collecting, analyzing, and using data for decision-making, learning, continuous improvement, and accountability (15 points);</P>
        <P>(3) Creating formal and informal partnerships, including the alignment of the visions, theories of action, and theories of change described in its memorandum of understanding, and creating a system for holding partners accountable for performance in accordance with the memorandum of understanding (10 points); and</P>
        <P>(4) Integrating funding streams from multiple public and private sources, including its proposal to leverage and integrate high-quality programs in the neighborhood into the continuum of solutions (10 points).</P>
        <HD SOURCE="HD2">2. Review and Selection Process</HD>
        <P>The Department will screen applications submitted in accordance with the requirements in this notice, and will determine which applications have met eligibility and other statutory requirements.</P>
        <P>The Department will use independent reviewers from various backgrounds and professions including: Pre-kindergarten—12 teachers and principals, college and university educators, researchers and evaluators, social entrepreneurs, strategy consultants, grant makers and managers, and others with education expertise. The Department will thoroughly screen all reviewers for conflicts of interest to ensure a fair and competitive review process.</P>
        <P>Reviewers will read, prepare a written evaluation, and score the applications assigned to their panel, using the selection criteria provided in this notice.</P>
        <P>For applications addressing Absolute Priority 1, Absolute priority 2, and Absolute Priority 3, the Secretary prepares a rank order of applications for each absolute priority based solely on the evaluation of their quality according to the selection criteria. The Department may use more than one tier of reviews in determining grantees. Additional information about the review process will be posted on the Department's Web site.</P>
        <P>We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.</P>
        <P>In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <HD SOURCE="HD2">3. Special Conditions</HD>
        <P>Under 34 CFR 74.14 and 80.12, the Secretary may impose special conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.</P>
        <HD SOURCE="HD2">4. Transparency and Open Government Policy</HD>
        <P>After awards are made under this competition, all of the submitted successful applications, together with reviewer scores and comments, will be posted on the Department's Web site.</P>
        <HD SOURCE="HD1">VI. Award Administration Information</HD>
        <P>1.<E T="03">Award Notices:</E>If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may notify you informally, also.</P>
        <P>If your application is not evaluated or not selected for funding, we notify you.</P>
        <P>2.<E T="03">Administrative and National Policy Requirements:</E>We identify administrative and national policy requirements in the application package and reference these and other requirements in the<E T="03">Applicable Regulations</E>section of this notice.</P>

        <P>We reference the regulations outlining the terms and conditions of an award in the<E T="03">Applicable Regulations</E>section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.</P>
        <P>3.<E T="03">Reporting:</E>(a) If you apply for a grant under this competition, you must<PRTPAGE P="23704"/>ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).</P>

        <P>(b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to<E T="03">www.ed.gov/fund/grant/apply/appforms/appformshtml.</E>
        </P>
        <P>4.<E T="03">Performance Measures:</E>The Secretary has established one performance indicator for this program: The percentage of planning grantees that produce a high-quality plan as measured by their receiving at least 90 percent of the total possible points in the competition for FY 2013 implementation grants. All grantees will be required to submit a final performance report documenting their contribution in assisting the Department in measuring the performance of the program against this indicator, as well as other information requested by the Department.</P>
        <P>5.<E T="03">Continuation Awards:</E>In making a continuation award, the Secretary may consider, under 34 CFR 75.253, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee's progress in meeting the targets and projected outcomes in its approved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).</P>
        <HD SOURCE="HD1">VII. Agency Contact</HD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW., room 4W256, Washington, DC 20202. Telephone: (202) 453-5638 or by email:<E T="03">PromiseNeighborhoods@ed.gov.</E>
          </P>
          <P>If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.</P>
          <HD SOURCE="HD1">VIII. Other Information</HD>
          <P>
            <E T="03">Accessible Format:</E>Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>in section VII of this notice.</P>
          <P>
            <E T="03">Electronic Access to This Document:</E>The official version of this document is the document published in the<E T="04">Federal Register</E>. Free Internet access to the official edition of the<E T="04">Federal Register</E>and the Code of Federal Regulations is available via the Federal Digital System at:<E T="03">www.gpo.gov/fdsys.</E>At this site you can view this document, as well as all other documents of this Department published in the<E T="04">Federal Register</E>, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.</P>

          <P>You may also access documents of the Department published in the<E T="04">Federal Register</E>by using the article search feature at:<E T="03">www.federalregister.gov.</E>Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.</P>
          <SIG>
            <DATED>Dated: April 17, 2012.</DATED>
            <NAME>James H. Shelton, III,</NAME>
            <TITLE>Assistant Deputy Secretary for Innovation and Improvement.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9595 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4000-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>U.S. Energy Information Administration</SUBAGY>
        <SUBJECT>Agency Information Collection Extension</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Energy Information Administration (EIA), Department of Energy (DOE).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Agency Information Collection Activities: Information Collection Extension; Notice and Request for Comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The EIA, pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, Form NWPA-830G “Appendix G—Standard Remittance Advice for Payment of Fees (including Annex A to Appendix G),” with the Office of Management and Budget (OMB). The Nuclear Waste Policy Act (NWPA) of 1982 required that the DOE enter into Standard Contracts with all generators or owners of spent nuclear fuel and high-level radioactive waste of domestic origin. Form NWPA-830G is part of the Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste. Generators and owners of spent nuclear fuel and high-level radioactive waste of domestic origin pay fees into the nuclear waste fund based on net electricity generated and sold as defined in the Standard Contract. Together, forms “Appendix G” and “Annex A to Appendix G” are commonly referred to as Remittance Advice (RA) forms. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Comments regarding this proposed information collection must be received on or before June 19, 2012. If you anticipate difficulty in submitting comments within that period, contact the person listed in<E T="02">ADDRESSES</E>as soon as possible.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send comments to Marta Gospodarczyk. To ensure receipt of the comments by the due date, submission by FAX (202-586-3045) or email (<E T="03">marta.gospodarczyk@eia.gov</E>) is recommended. The mailing address is Office of Electricity, Coal, Nuclear, and Renewables Analysis, EI-34, Forrestal Building, U.S. Department of Energy, Washington, DC 20585. Alternatively, Ms. Gospodarczyk may be contacted by telephone at 202-586-0527.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of any forms and instructions should be directed to Ms. Gospodarczyk at the address listed above. Additionally, forms and instructions may be viewed at<E T="03">http://www.eia.gov/survey/#nwpa-830G.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This information collection request contains:</P>
        <P>(1)<E T="03">OMB No.</E>1901-0260;</P>
        <P>(2)<E T="03">Information Collection Request Title:</E>Standard Contract for Disposal of<PRTPAGE P="23705"/>Spent Nuclear Fuel and/or High-Level Radioactive Waste;</P>
        <P>(3)<E T="03">Type of Request:</E>Three-year extension;</P>
        <P>(4)<E T="03">Purpose:</E>
        </P>

        <P>The Federal Energy Administration Act of 1974 (15 U.S.C. 761<E T="03">et seq.</E>) and the DOE Organization Act (42 U.S.C. 7101<E T="03">et seq.</E>) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands.</P>

        <P>The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Also, the EIA will later seek approval for this collection by the Office of Management and Budget (OMB) under Section 3507(a) of the Paperwork Reduction Act of 1995.</P>
        <P>The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101<E T="03">et seq.</E>) required that the DOE enter into Standard Contracts with all generators or owners of spent nuclear fuel and high-level radioactive waste of domestic origin. Form NWPA-830G “Appendix G—Standard Remittance Advice for Payment of Fees” is an addendum to this Standard Contract. The form titled “Annex A to Appendix G: Standard Remittance Advice for Payment of Fees” is an addendum to Appendix G. Together, forms “Appendix G” and “Annex A to Appendix G” are commonly referred to as Remittance Advice (RA) forms. The RA must be submitted quarterly by generators and owners of spent nuclear fuel and high-level radioactive waste of domestic origin who signed the Standard Contract. Form “Appendix G” is used by DOE to collect information from Purchasers regarding their payment to the Nuclear Waste Fund for spent nuclear fuel and high-level waste disposal. Form “Annex A to Appendix G” collects data on the amount of net electricity generated and sold, upon which these fees are based.</P>
        <P>Please refer to the proposed forms and instructions for more information about the purpose, who must report, when to report, where to submit, the elements to be reported, detailed instructions, provisions for confidentiality, and uses (including possible non-statistical uses) of the information. For instructions on obtaining materials, see the “For Further Information Contact” section.</P>
        <P>(4a)<E T="03">Proposed Changes to Information Collection:</E>No changes are proposed;</P>
        <P>(5)<E T="03">Annual Estimated Number of Respondents:</E>104;</P>
        <P>(6)<E T="03">Annual Estimated Number of Total Responses:</E>416;</P>
        <P>(7)<E T="03">Annual Estimated Number of Burden Hours:</E>2080;</P>
        <P>(8)<E T="03">Annual Estimated Reporting and Recordkeeping Cost Burden:</E>$0;</P>
        <AUTH>
          <HD SOURCE="HED">Statutory Authority:</HD>
          <P>Section 13(b) of the Federal Energy Administration Act of 1974, Pub. L. 93-275, codified at 15 U.S.C. 772(b); Section 302 of the Nuclear Waste Policy Act of 1982, codified at 42 U.S.C. 10222.</P>
        </AUTH>
        <SIG>
          <DATED>Issued in Washington, DC, on April 12, 2012.</DATED>
          <NAME>Stephanie Brown,</NAME>
          <TITLE>Director, Office of Survey Development and Statistical Integration, U.S. Energy Information Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9574 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #1</SUBJECT>
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4062-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Arkansas, Inc.</P>
        <P>
          <E T="03">Description:</E>Entergy Arkansas, Inc. submits tariff filing per 35: Reliant IOA Compliance Filing to be effective 9/13/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5254.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-273-001.</P>
        <P>
          <E T="03">Applicants:</E>Allegheny Energy Supply Company, LLC.</P>
        <P>
          <E T="03">Description:</E>Revised MBR Power Sales Tariff to be effective 10/31/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5234.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1471-000.</P>
        <P>
          <E T="03">Applicants:</E>Canastota Windpower, LLC.</P>
        <P>
          <E T="03">Description:</E>Canastota Windpower, LLC Notice of Change in Status re MBR Tariff to be effective 10/20/2001.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5001.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1472-000.</P>
        <P>
          <E T="03">Applicants:</E>Conch Energy Trading, LLC.</P>
        <P>
          <E T="03">Description:</E>Conch Energy Trading LLC, FERC Electric Tariff to be effective 5/23/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5002.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1473-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Original Service Agreement No. 3272; Queue No. W2-026 to be effective 3/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5066.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1474-000.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>SGIA and Service Agreement SCE—RE Victor Phelan Solar One LLC to be effective 4/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5082.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1475-000.</P>
        <P>
          <E T="03">Applicants:</E>Baltimore Gas and Electric Company.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5120.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1476-000.</P>
        <P>
          <E T="03">Applicants:</E>Calvert Cliffs Nuclear Power Plant, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5121.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1477-000.</P>
        <P>
          <E T="03">Applicants:</E>CER Generation II, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5122.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1478-000.</P>
        <P>
          <E T="03">Applicants:</E>CER Generation, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5123.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1479-000.</P>
        <P>
          <E T="03">Applicants:</E>Constellation Energy Commodities Group, Inc.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5124.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1480-000.</P>
        <P>
          <E T="03">Applicants:</E>Constellation Energy Commodities Group Maine, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012 under ER12-1480 Filing Type: 30.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5125.<PRTPAGE P="23706"/>
        </P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1481-000.</P>
        <P>
          <E T="03">Applicants:</E>Constellation Mystic Power, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5126.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1482-000.</P>
        <P>
          <E T="03">Applicants:</E>Constellation NewEnergy, Inc.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5132.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1483-000.</P>
        <P>
          <E T="03">Applicants:</E>Constellation Power Source Generation, Inc.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012 under ER12-1483 Filing Type: 10.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5136.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1484-000.</P>
        <P>
          <E T="03">Applicants:</E>Criterion Power Partners, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5137.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1485-000.</P>
        <P>
          <E T="03">Applicants:</E>Handsome Lake Energy, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5138.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1486-000.</P>
        <P>
          <E T="03">Applicants:</E>MXenergy Electric Inc.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5139.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1487-000.</P>
        <P>
          <E T="03">Applicants:</E>Nine Mile Point Nuclear Station, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5140.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1488-000.</P>
        <P>
          <E T="03">Applicants:</E>R.E. Ginna Nuclear Power Plant, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5142.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1489-000.</P>
        <P>
          <E T="03">Applicants:</E>Cassia Gulch Wind Park, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5143.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1490-000.</P>
        <P>
          <E T="03">Applicants:</E>Niagara Mohawk Power Corporation.</P>
        <P>
          <E T="03">Description:</E>Amended Rate Schedule No. 69 to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5147.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1491-000.</P>
        <P>
          <E T="03">Applicants:</E>Commonwealth Edison Company.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5154.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1492-000.</P>
        <P>
          <E T="03">Applicants:</E>Cow Branch Wind Power, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5157.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1493-000.</P>
        <P>
          <E T="03">Applicants:</E>CR Clearing, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5158.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1494-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Energy Company.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5159.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1495-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Framingham, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5164.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1496-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Generation Company, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5165.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1497-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Generation Company, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5167.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1498-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon New Boston, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5173.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1499-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon New England Power Marketing, Limited Partnership.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5176.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1500-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon West Medway, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5178.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1501-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Wind 4, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5184.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1502-000.</P>
        <P>
          <E T="03">Applicants:</E>Cimarron Windpower II, LLC, Ironwood Windpower, LLC.</P>
        <P>
          <E T="03">Description:</E>MBR Tariff Filing to be effective 6/15/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5191.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1503-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Wyman, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5197.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1504-000.</P>
        <P>
          <E T="03">Applicants:</E>Cimarron Windpower II, LLC, Ironwood Windpower, LLC.</P>
        <P>
          <E T="03">Description:</E>MBR Tariff Filing to be effective 4/17/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5198.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1505-000.</P>
        <P>
          <E T="03">Applicants:</E>Harvest Windfarm, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5199.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1506-000.</P>
        <P>
          <E T="03">Applicants:</E>Michigan Wind 1, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5200.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1507-000.<PRTPAGE P="23707"/>
        </P>
        <P>
          <E T="03">Applicants:</E>PECO Energy Company.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5207.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1508-000.</P>
        <P>
          <E T="03">Applicants:</E>Tuana Springs Energy, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5210.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1509-000.</P>
        <P>
          <E T="03">Applicants:</E>Wind Capital Holdings, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5213.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1510-000.</P>
        <P>
          <E T="03">Applicants:</E>Michigan Wind 2, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff Revisions to be effective 3/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5216.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1511-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>RTEP clean-up filing to incorporate accepted revisions in ER12-773 &amp; ER12-1130 to be effective 4/5/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5227.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1512-000.</P>
        <P>
          <E T="03">Applicants:</E>Caney River Wind Project, LLC.</P>
        <P>
          <E T="03">Description:</E>Caney River Wind Project, LLC Notice of Change in Status re MBR Tariff to be effective 10/1/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5228.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1513-000.</P>
        <P>
          <E T="03">Applicants:</E>EGP Stillwater Solar, LLC.</P>
        <P>
          <E T="03">Description:</E>EGP Stillwater Solar, LLC Notice of Change in Status re MBR Tariff to be effective 11/15/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5229.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1514-000.</P>
        <P>
          <E T="03">Applicants:</E>Enel Stillwater, LLC.</P>
        <P>
          <E T="03">Description:</E>Enel Stillwater, LLC Notice of Change in Status re MBR Tariff to be effective 12/5/2008.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5230.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1515-000.</P>
        <P>
          <E T="03">Applicants:</E>Smoky Hills Wind Farm, LLC.</P>
        <P>
          <E T="03">Description:</E>Smoky Hills Wind Farm, LLC Notice of Change in Status re MBR Tariff to be effective 10/31/2007.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5231.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1516-000.</P>
        <P>
          <E T="03">Applicants:</E>Smoky Hills Wind Project II, LLC.</P>
        <P>
          <E T="03">Description:</E>Smoky Hills Wind Project II, LLC Notice of Change in Status re MBR Tariff to be effective 10/20/2008.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5232.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1517-000.</P>
        <P>
          <E T="03">Applicants:</E>Energia Sierra Juarez U.S., LLC, San Diego Gas &amp; Electric Company.</P>
        <P>
          <E T="03">Description:</E>Joint Application of Affiliate Transaction Pursuant to Section 205 of the Federal Power Act.</P>
        <P>
          <E T="03">Filed Date:</E>4/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120410-5170.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/1/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1518-000.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Arkansas, Inc.</P>
        <P>
          <E T="03">Description:</E>Entergy Arkansas, Inc. submits tariff filing per 35.13(a)(2)(iii: SRW Cogen IOA Compliance Filing to be effective 9/27/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5256.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>Take notice that the Commission received the following electric securities filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ES12-32-000.</P>
        <P>
          <E T="03">Applicants:</E>Orange &amp; Rockland Utilities, Inc.</P>
        <P>
          <E T="03">Description:</E>Application of Orange and Rockland Utilities, Inc. for an order pursuant to Section 204 of the Federal Power Act.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5177.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>Take notice that the Commission received the following open access transmission tariff filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>OA09-22-004.</P>
        <P>
          <E T="03">Applicants:</E>Florida Power &amp; Light Company.</P>
        <P>
          <E T="03">Description:</E>Annual Compliance Report Regarding Penalties for Unreserved Use of Florida Power &amp; Light Company.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5163.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 12, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9559 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #1</SUBJECT>
        <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EG12-56-000.</P>
        <P>
          <E T="03">Applicants:</E>NRG Solar Alpine LLC.</P>
        <P>
          <E T="03">Description:</E>NRG Solar Alpine, LLC Notice of Self Certification of Exempt Wholesale Generator Status.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5132.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1526-000.</P>
        <P>
          <E T="03">Applicants:</E>Florida Power &amp; Light Company.</P>
        <P>
          <E T="03">Description:</E>FPL and City of Blountstown, FL Service Agreement No. 310 for NITS to be effective 5/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5158.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1527-000.</P>
        <P>
          <E T="03">Applicants:</E>ETC Endure Energy L.L.C.</P>
        <P>
          <E T="03">Description:</E>Normal Filing to be effective 2/29/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5197.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>Take notice that the Commission received the following electric securities filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ES12-33-000.</P>
        <P>
          <E T="03">Applicants:</E>Trans-Allegheny Interstate Line Company, FirstEnergy Service Company, Metropolitan Edison Company, Monongahela Power Company, Potomac Edison Company,<PRTPAGE P="23708"/>West Penn Power Company, Pennsylvania Electric Company, Pennsylvania Power Company, Jersey Central Power &amp; Light.</P>
        <P>
          <E T="03">Description:</E>FirstEnergy Applicants' Joint Application Under Section 204 of the Federal Power Act for Authorization to Issue Short-Term Debt Securities.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5295.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>Take notice that the Commission received the following public utility holding company filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>PH12-10-000.</P>
        <P>
          <E T="03">Applicants:</E>Exelon Corporation.</P>
        <P>
          <E T="03">Description:</E>Notice of Material Change in Facts of Exelon Corporation.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5161.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9562 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #2</SUBJECT>
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-247-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Gulf States Louisiana, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Entergy Gulf States Louisiana, L.L.C. submits tariff filing per 35: ER12-247 Compliance Filing to be effective 4/20/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5144.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-248-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Louisiana, LLC.</P>
        <P>
          <E T="03">Description:</E>Entergy Louisiana, LLC submits tariff filing per 35: ER12-248 Compliance Filing to be effective 4/20/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5145.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-249-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Mississippi, Inc.</P>
        <P>
          <E T="03">Description:</E>Entergy Mississippi, Inc. submits tariff filing per 35: ER12-249 Compliance Filing to be effective 4/20/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5149.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-250-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy New Orleans, Inc.</P>
        <P>
          <E T="03">Description:</E>Entergy New Orleans, Inc. submits tariff filing per 35: ER12-250 Compliance Filing to be effective 4/20/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5150.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-251-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Texas, Inc.</P>
        <P>
          <E T="03">Description:</E>Entergy Texas, Inc. submits tariff filing per 35: ER12-251 Compliance Filing to be effective 4/20/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5152.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1528-000.</P>
        <P>
          <E T="03">Applicants:</E>Midwest Independent Transmission System Operator, Inc.</P>
        <P>
          <E T="03">Description:</E>GRE-NSP-Fenton T-T to be effective 4/14/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5107.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1529-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C., American Electric Power Service Corporation.</P>
        <P>
          <E T="03">Description:</E>AEPSC submits 31st Revised SA No. 1336 among AEPSC &amp; Buckeye to be effective 3/24/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5143.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1530-000.</P>
        <P>
          <E T="03">Applicants:</E>Appalachian Power Company.</P>
        <P>
          <E T="03">Description:</E>Appalachian Power Company submits tariff filing per 35.13(a)(2)(iii: 1_20120413 CSP Merger Revisions to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1531-000.</P>
        <P>
          <E T="03">Applicants:</E>AEP Texas Central Company.</P>
        <P>
          <E T="03">Description:</E>AEP Texas Central Company submits tariff filing per 35.13(a)(2)(iii: 20120413 TCC OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5154.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1532-000.</P>
        <P>
          <E T="03">Applicants:</E>AEP Texas North Company.</P>
        <P>
          <E T="03">Description:</E>AEP Texas North Company submits tariff filing per 35.13(a)(2)(iii: 3_20120413 TNC OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5155.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1533-000.</P>
        <P>
          <E T="03">Applicants:</E>Indiana Michigan Power Company.</P>
        <P>
          <E T="03">Description:</E>Indiana Michigan Power Company submits tariff filing per 35.13(a)(2)(iii: 4_I&amp;M Oatt Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5160.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1534-000.</P>
        <P>
          <E T="03">Applicants:</E>Kentucky Power Company.</P>
        <P>
          <E T="03">Description:</E>Kentucky Power Company submits tariff filing per 35.13(a)(2)(iii: 5_20120413 KPCo OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5164.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1535-000.</P>
        <P>
          <E T="03">Applicants:</E>Kingsport Power Company.</P>
        <P>
          <E T="03">Description:</E>Kingsport Power Company submits tariff filing per 35.13(a)(2)(iii: 6_20120413 KgPCo OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5167.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1536-000.</P>
        <P>
          <E T="03">Applicants:</E>Ohio Power Company.</P>
        <P>
          <E T="03">Description:</E>Ohio Power Company submits tariff filing per 35.13(a)(2)(iii: 7_20120413 OPCo OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5171.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1537-000.</P>
        <P>
          <E T="03">Applicants:</E>Public Service Company of Oklahoma.</P>
        <P>
          <E T="03">Description:</E>Public Service Company of Oklahoma submits tariff filing per 35.13(a)(2)(iii: 8_20120413 PSO OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5173.<PRTPAGE P="23709"/>
        </P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1538-000.</P>
        <P>
          <E T="03">Applicants:</E>Southwestern Electric Power Company.</P>
        <P>
          <E T="03">Description:</E>Southwestern Electric Power Company submits tariff filing per 35.13(a)(2)(iii: 9_20120413 SWEPCO OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5174.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1539-000.</P>
        <P>
          <E T="03">Applicants:</E>Wheeling Power Company.</P>
        <P>
          <E T="03">Description:</E>Wheeling Power Company submits tariff filing per 35.13(a)(2)(iii: 10_20120413 WPCo OATT Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5175.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1540-000.</P>
        <P>
          <E T="03">Applicants:</E>Indiana Michigan Power Company.</P>
        <P>
          <E T="03">Description:</E>Indiana Michigan Power Company submits tariff filing per 35.13(a)(2)(iii: 11_20120413 I&amp;M Oper Co MBR Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5176.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1541-000.</P>
        <P>
          <E T="03">Applicants:</E>Kentucky Power Company.</P>
        <P>
          <E T="03">Description:</E>Kentucky Power Company submits tariff filing per 35.13(a)(2)(iii: 12_20120413 KPCo Oper Co MBR Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5177.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1542-000.</P>
        <P>
          <E T="03">Applicants:</E>Kingsport Power Company.</P>
        <P>
          <E T="03">Description:</E>Kingsport Power Company submits tariff filing per 35.13(a)(2)(iii: 13_20120413 KgPCo Oper Co Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5178.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1543-000.</P>
        <P>
          <E T="03">Applicants:</E>Ohio Power Company.</P>
        <P>
          <E T="03">Description:</E>Ohio Power Company submits tariff filing per 35.13(a)(2)(iii: 14_20120413 OPCo Oper Co MBR Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5179.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1544-000.</P>
        <P>
          <E T="03">Applicants:</E>Wheeling Power Company.</P>
        <P>
          <E T="03">Description:</E>Wheeling Power Company submits tariff filing per 35.13(a)(2)(iii: 15_20120413 WPCo Oper Co MBR Conc to be effective 1/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5180.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1545-000.</P>
        <P>
          <E T="03">Applicants:</E>Columbus Southern Power Company.</P>
        <P>
          <E T="03">Description:</E>Columbus Southern Power Company submits tariff filing per 35.15: 16_20120413 CSP OATT Conc Cancellation to be effective 4/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5181.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1546-000.</P>
        <P>
          <E T="03">Applicants:</E>Columbus Southern Power Company.</P>
        <P>
          <E T="03">Description:</E>Columbus Southern Power Company submits tariff filing per 35.15: 17_20120413 CSP MBR Conc Cancellation to be effective 4/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5182.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1547-000.</P>
        <P>
          <E T="03">Applicants:</E>Columbus Southern Power Company.</P>
        <P>
          <E T="03">Description:</E>Columbus Southern Power Company submits tariff filing per 35.15: 18_20120413 CSP RS and SA Cancellation to be effective 4/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5183.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1548-000.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>Southern California Edison Company submits tariff filing per 35.13(a)(2)(iii: GIA and Service Agreement with SunEdison Origination1, LLC Westminster Project to be effective 4/14/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5186.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1549-000.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>Southern California Edison Company submits tariff filing per 35.13(a)(2)(iii: GIA and Service Agreement with SunEdison Origination1, LLC Chino Hills Proj to be effective 4/14/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5212.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1550-000.</P>
        <P>
          <E T="03">Applicants:</E>ISO New England Inc., New England Power Pool Participants Committee.</P>
        <P>
          <E T="03">Description:</E>ISO New England Inc. submits tariff filing per 35.13(a)(2)(iii: MR1 Clari. to Transition Per. Rules for Price Resp. Demand to be effective 6/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120413-5215.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/4/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9563 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #3</SUBJECT>
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4157-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Arkansas, Inc.</P>
        <P>
          <E T="03">Description:</E>SRW IOA Compliance Filing to be effective 9/27/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5054.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1347-001.</P>
        <P>
          <E T="03">Applicants:</E>Carolina Power &amp; Light Company.</P>
        <P>
          <E T="03">Description:</E>Amendment to Rate Schedule No. 190 of Carolina Power and Light Company to be effective 12/31/9998.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5129.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/19/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1524-000.</P>
        <P>
          <E T="03">Applicants:</E>Kleantricity, Inc.</P>
        <P>
          <E T="03">Description:</E>Kleantricity MBRA Application to be effective 7/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5081.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1525-000.</P>
        <P>
          <E T="03">Applicants:</E>NRG Solar Alpine LLC.<PRTPAGE P="23710"/>
        </P>
        <P>
          <E T="03">Description:</E>Application for Market-Based Rate Authority to be effective 6/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5124.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 12, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9561 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #2</SUBJECT>
        <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EG12-54-000.</P>
        <P>
          <E T="03">Applicants:</E>Cimarron Windpower II, LLC.</P>
        <P>
          <E T="03">Description:</E>Notice of Self-Certification as an Exempt Wholesale Generator of Cimarron Windpower II, LLC.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5261.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EG12-55-000.</P>
        <P>
          <E T="03">Applicants:</E>Ironwood Windpower, LLC.</P>
        <P>
          <E T="03">Description:</E>Notice of Self-Certification as an Exempt Wholesale Generator of Ironwood Windpower, LLC.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5262.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER10-2172-007; ER10-2179-009; ER11-2016-002; ER10-2184-007; ER10-2183-004; ER10-1048-004; ER10-2176-008; ER10-2192-007; ER11-2056-001; ER10-2178-007; ER10-2174-007; ER11-2014-004; ER11-2013-004; ER10-3308-006; ER10-1017-003; ER10-1020-003; ER10-1145-003; ER10-1144-002; ER10-1078-003; ER10-1079-003; ER10-1080-003; ER11-2010-004; ER10-1081-003; ER10-2180-007; ER11-2011-003; ER11-2009-003; ER11-3989-002; ER10-1734-004; ER10-2181-009; ER10-1143-003; ER10-2182-009; ER11-2007-002; ER12-1223-002; ER11-2005-004.</P>
        <P>
          <E T="03">Applicants:</E>Constellation Energy Commodities Group, Inc., R.E. Ginna Nuclear Power Plant, LLC, PECO Energy Company, Baltimore Gas and Electric Company, Wind Capital Holdings, LLC, CR Clearing, LLC, Exelon New England Power Marketing, LP, Exelon Framingham, LLC, Exelon New Boston, LLC, Exelon West Medway, LLC, Exelon Wyman, LLC, Exelon Generation Company, LLC, Exelon Energy Company, Calvert Cliffs Nuclear Power Plant LLC, CER Generation, LLC, Commonwealth Edison Company, Constellation NewEnergy, Inc., CER Generation II, LLC, Constellation Energy Commodities Group Maine, LLC, Handsome Lake Energy, LLC, Nine Mile Point Nuclear Station, LLC, Constellation Mystic Power, LLC, Cassia Gulch Wind Park, Michigan Wind 1, LLC, Harvest Windfarm, LLC, Exelon Wind 4, LLC, Criterion Power Partners, LLC, Cow Branch Wind Power, L.L.C., Michigan Wind 2, LLC, MXenergy Electric Inc., Wildcat Wind, LLC, Tuana Springs Energy, LLC, Constellation Power Source Generation, LLC, Wind Capital Holdings, LLC.</P>
        <P>
          <E T="03">Description:</E>Notification of Change in Status of Baltimore Gas and Electric Company,<E T="03">et al.</E>
        </P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5293.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4064-001.</P>
        <P>
          <E T="03">Applicants:</E>Entergy Arkansas, Inc.</P>
        <P>
          <E T="03">Description:</E>Washington Parish IOA Compliance Filing to be effective 9/13/2011.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5255.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/2/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1519-000.</P>
        <P>
          <E T="03">Applicants:</E>Florida Power Corporation.</P>
        <P>
          <E T="03">Description:</E>Revised Transmission Loss Factor in Florida Power Corporation OATT to be effective 5/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5014.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1520-000.</P>
        <P>
          <E T="03">Applicants:</E>Carolina Power &amp; Light Company.</P>
        <P>
          <E T="03">Description:</E>Revised Transmission Loss Factor in Carolina Power and Light Company OATT to be effective 5/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5015.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1521-000.</P>
        <P>
          <E T="03">Applicants:</E>Alta Wind VII, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff to be effective 6/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5021.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1522-000.</P>
        <P>
          <E T="03">Applicants:</E>Alta Wind IX, LLC.</P>
        <P>
          <E T="03">Description:</E>Market-Based Rate Tariff to be effective 6/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5022.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1523-000.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>Amended SGIA SCE-TDBU SCE-PPD 9415 Kaiser Way Fontana Roof Top Solar Project to be effective 4/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/12/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120412-5038.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 5/3/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 12, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9560 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="23711"/>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings</SUBJECT>
        <P>Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:</P>
        <HD SOURCE="HD1">Filings Instituting Proceedings</HD>
        <P>
          <E T="03">Docket Numbers:</E>RP12-600-000.</P>
        <P>
          <E T="03">Applicants:</E>El Paso Natural Gas Company.</P>
        <P>
          <E T="03">Description:</E>Letter Agreement Update Filing to be effective 5/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120410-5092.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/23/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP12-601-000.</P>
        <P>
          <E T="03">Applicants:</E>Iroquois Gas Transmission System, L.P.</P>
        <P>
          <E T="03">Description:</E>04/10/12 Negotiated Rates—Freepoint Commodities LLC (RTS) to be effective 4/10/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120410-5128.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/23/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP12-602-000.</P>
        <P>
          <E T="03">Applicants:</E>Horizon Pipeline Company, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Removal of Expired Agreement—Ameren to be effective 5/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120410-5142.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/23/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP12-603-000.</P>
        <P>
          <E T="03">Applicants:</E>Great Lakes Gas Transmission Limited Partnership.</P>
        <P>
          <E T="03">Description:</E>Update Pricing Penalties and FSA to be effective 5/14/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/11/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120411-5233.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/23/12.</P>
        
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
        <HD SOURCE="HD1">Filings in Existing Proceedings</HD>
        <P>
          <E T="03">Docket Numbers:</E>RP12-586-001.</P>
        <P>
          <E T="03">Applicants:</E>Gulf South Pipeline Company, LP.</P>
        <P>
          <E T="03">Description:</E>Amendment to filing in Docket No. RP12-586 to be effective 4/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>4/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120410-5073.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 4/23/12.</P>
        
        <P>Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5 p.m. Eastern time on the specified comment date.</P>
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, and service can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 12, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9564 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. ER12-1522-000]</DEPDOC>
        <SUBJECT>Alta Wind IX, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization</SUBJECT>
        <P>This is a supplemental notice in the above-referenced proceeding of Alta Wind IX, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
        <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>
        <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 3, 2012.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at<E T="03">http://www.ferc.gov.</E>To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.</P>
        <P>Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>

        <P>The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9566 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. ER12-1525-000]</DEPDOC>
        <SUBJECT>NRG Solar Alpine LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization</SUBJECT>
        <P>This is a supplemental notice in the above-referenced proceeding of NRG Solar Alpine LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
        <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>

        <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 3, 2012.<PRTPAGE P="23712"/>
        </P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at<E T="03">http://www.ferc.gov.</E>To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.</P>
        <P>Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>

        <P>The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9558 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. ER12-1524-000]</DEPDOC>
        <SUBJECT>Kleantricity, Inc.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization</SUBJECT>
        <P>This is a supplemental notice in the above-referenced proceeding of Kleantricity, Inc.'s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
        <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>
        <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 3, 2012.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at<E T="03">http://www.ferc.gov.</E>To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.</P>
        <P>Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>

        <P>The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9567 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. ER12-1521-000]</DEPDOC>
        <SUBJECT>Alta Wind VII, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization</SUBJECT>
        <P>This is a supplemental notice in the above-referenced proceeding of Alta Wind VII, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
        <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>
        <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 3, 2012.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at<E T="03">http://www.ferc.gov.</E>To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.</P>
        <P>Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>

        <P>The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov.</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: April 13, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9565 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="23713"/>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[ER-FRL-9002-6]</DEPDOC>
        <SUBJECT>Environmental Impacts Statements; Notice of Availability</SUBJECT>
        <P>
          <E T="03">Responsible Agency:</E>Office of Federal Activities, General Information (202) 564-7146 or<E T="03">http://www.epa.gov/compliance/nepa/</E>.</P>
        
        <FP SOURCE="FP-1">Weekly receipt of Environmental Impact Statements</FP>
        <FP SOURCE="FP-1">Filed 04/09/2012 through 04/13/2012</FP>
        <FP SOURCE="FP-1">Pursuant to 40 CFR 1506.9.</FP>
        <HD SOURCE="HD1">Notice</HD>

        <P>Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at:<E T="03">http://www.epa.gov/compliance/nepa/eisdata.html</E>.</P>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>EPA is seeking agencies to participate in its e-NEPA Electronic EIS Submission Pilot. Participating agencies can fulfill all requirements for EIS filing, eliminating the need to submit paper copies to EPA headquarters, by filing documents online and providing feedback on the process. To get more information on participating in the pilot, please contact Justin Wright (<E T="03">wright.justin@epa.gov</E>) or Dawn Roberts (<E T="03">roberts.dawn@epa.gov</E>).</P>
        
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120103, Final EIS, USACE, 00,</E>Savannah Harbor Expansion Project, Navigation Improvements to the Federal Navigation Channel, Chatham County, GA and Jasper County, SC,<E T="03">Review Period Ends:</E>05/21/2012,<E T="03">Contact:</E>William Bailey 912-652-5781.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120104, Draft EIS, NOAA, ME,</E>Amendment 5 to the Atlantic Herring Fishery Management Plan, Implementation of Management Measures to Adjust the Fishery Management Program for Federally Managed Atlantic Herring Fishery, Gulf of Maine,<E T="03">Comment Period Ends:</E>06/04/2012,<E T="03">Contact:</E>Paul Howard 978-465-3316.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120105, Final EIS, USFS, CA,</E>Kirkwood Meadows Power Line Reliability Project, Proposal to Construct and Operate 34.5 kilovolt Power Line, Eldorado National Forest, Amador, Eldorado, and Alpine Counties, CA,<E T="03">Review Period Ends:</E>05/21/2012,<E T="03">Contact:</E>Susan A. Rodman 530-621-5298.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120106, Draft EIS, NOAA, 00,</E>Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan, Implementation,<E T="03">Comment Period Ends:</E>06/04/2012,<E T="03">Contact:</E>Daniel S. Morris 978-281-9250.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120107, Final EIS, BLM, OR,</E>John Day Basin Resource Management Plan, To Provide Direction for Managing Public Lands in Central and Eastern Oregon, Prineville District, Grant, Wheeler, Gilliam, Wasco, Sherman, Umatilla, Jefferson and Morrow Counties, OR,<E T="03">Review Period Ends:</E>05/21/2012,<E T="03">Contact:</E>Monte Kuk 541-416-6700.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120108, Draft EIS, BLM, CA,</E>Ocotillo Sol Project, Proposed 100- acre Solar Photovoltaic Generation Facility, Possible Issuance of a Right-of-Way Grant, Imperial County, CA,<E T="03">Comment Period Ends:</E>07/18/2012,<E T="03">Contact:</E>Noel Ludwig 760-833-7104.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120109, Draft EIS, FHWA, OR,</E>Salem River Crossing Project, Proposes to Build a Modified or New Crossing of the Willamette River in Salem, Funding, USACE Section 10 and 404 Permits, Marion and Polk Counties, OR,<E T="03">Comment Period Ends:</E>06/18/2012,<E T="03">Contact:</E>Cindy Callahan 503-399-5749.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120110, Final EIS, USFWS, CA,</E>Sears Point Wetland and Watershed Restoration Project, To Restore Tidal Wetlands and Rehabilitate Diked Wetlands, Sonoma County, CA,<E T="03">Review Period Ends:</E>05/21/2012,<E T="03">Contact:</E>Don Brubaker 707-769-4200.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120111, Draft EIS, USFS, AZ,</E>Kaibab National Forest Land and Resource Management Plan, Implementation, Coconino, Yavapai, and Mojave Counties, AZ,<E T="03">Comment Period Ends:</E>07/18/2012,<E T="03">Contact:</E>Ariel Leonard 928-635-8200.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120112, Draft EIS, USFS, AK,</E>Greens Creek Mine Tailings Disposal Facility Expansion, USACE Section 404 Permit, Admiralty National Monument, Tongass National Forest, Juneau, AK,<E T="03">Comment Period Ends:</E>06/04/2012,<E T="03">Contact:</E>Sarah Samuelson 907-789-6202.</FP>
        <HD SOURCE="HD1">Amended Notices</HD>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120091, Second Draft Supplement, BLM, AK,</E>National Petroleum Reserve—Alaska (NPR-A) Integrated Activity Plan, To Determine Appropriate Management BLM-Administrated Lands in the NPR-A, North Slope Borough, AK,<E T="03">Comment Period Ends:</E>05/29/2012,<E T="03">Contact:</E>Jim Ducker 907-271-3130.</FP>
        

        <P>Revision to FR Notice Published 3/30/2012; Correction to Document Status from Second Draft Supplemental to Draft and Change<E T="03">Comment Period</E>from 05/29/2012 to 06/01/2012.</P>
        
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120098, Draft EIS, USAF, 00,</E>F-35A Operational Basing, Beddown and Operation of F-35A Aircraft for the Combat Air Forces at One or More Locations throughout the Contiguous U.S. from 2015 through 2020,<E T="03">Comment Period Ends:</E>06/01/2012,<E T="03">Contact:</E>Nicholas Germanos 757-764-5994.</FP>
        
        <P>Revision to FR Notice Published 4/13/2012; Change<E T="03">Comment Period Ends</E>from 06/04/2012 to 06/01/2012.</P>
        <SIG>
          <DATED>Dated: April 17, 2012.</DATED>
          <NAME>Cliff Rader,</NAME>
          <TITLE>Director, NEPA Compliance Division, Office of Federal Activities.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9584 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[EPA-HQ-OPP-2012-0176; FRL-9343-9]</DEPDOC>
        <SUBJECT>Pesticides; Final Guidance on Material Safety Data Sheets as Pesticide Labeling; Request for Comment on Paperwork Burden</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) entitled “Pesticide Registration (PR) Notice 2012-1: Material Safety Data Sheets as Pesticide Labeling.” This PR Notice was issued by the Agency on April 9, 2012. PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular PR Notice provides guidance to the registrant concerning the relationship between EPA-approved labels for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Material Safety Data Sheet (MSDS, also referred to as Safety Data Sheet or SDS), required by the Occupational Safety and Health Administration (OSHA). It explains how registrants can ensure their FIFRA labeling and SDS's comply with both agencies' requirements. In addition, EPA is hereby soliciting public comment on the information collection activities and related burden estimates associated with the guidance provided in PR Notice 2012-1.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on the Agency's information collection activities and related burden estimates must be received on or before June 19, 2012.</P>
        </DATES>
        <ADD>
          <PRTPAGE P="23714"/>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2012-0176, by one of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>
            <E T="03">http://www.regulations.gov.</E>Follow the on-line instructions for submitting comments.</P>
          <P>•<E T="03">Mail:</E>OPP Regulatory Public Docket (7502P), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.</P>
          <P>•<E T="03">Hand Delivery:</E>OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305-5805. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to docket ID number EPA-HQ-OPP-2012-0176. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at<E T="03">http://www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.</P>
          <P>
            <E T="03">Docket:</E>All documents in the docket are listed in the docket index available at<E T="03">http://www.regulations.gov.</E>Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at<E T="03">http://www.regulations.gov,</E>or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mary Frances Lowe, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave.  NW., Washington, DC 20460-0001; telephone number: (703) 305-5689; fax number: (703) 308-2962; email address:<E T="03">lowe.maryfrances@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. General Information</HD>
        <HD SOURCE="HD2">A. Does this action apply to me?</HD>

        <P>This action is directed to the public in general. Although this action may be of particular interest to those persons who manufacture pesticides, State pesticide enforcement personnel and other people may also be interested. The Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this document, consult the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>.</P>
        <HD SOURCE="HD2">B. How can I get copies of this document and other related information?</HD>

        <P>EPA has established a Web site for Pesticide PR Notices issued by the Office of Pesticide Programs to inform pesticide registrants and other interested persons about important policies, procedures and regulatory decisions. Go to:<E T="03">http://www.epa.gov/PR_Notices/index.htm.</E>
        </P>
        <HD SOURCE="HD1">II. What guidance does this PR Notice provide?</HD>
        <P>This final PR Notice provides guidance to the registrant concerning the Agency's previous determination in PR Notice 92-4 that a Material Safety Data Sheet (MSDS) (also referred to as a Safety Data Sheet (SDS)) that accompanies a pesticide product is considered part of the pesticide's labeling but may accompany a pesticide product without notification to or approval by the Agency, provided such labeling is consistent with the labeling requirements in 40 CFR part 156. The PR Notice is intended to update and clarify PR Notice 92-4.</P>
        <P>The Occupational Safety and Health Administration (OSHA) requires SDS's under its Hazard Communication Standard (HCS) (29 CFR 1910.1200) and is moving to align its HCS requirements with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA published its final rule on March 26, 2012 (77 FR 17574-17896) and will begin to accept SDS's that are prepared according to the final rule's requirements on May 25, 2012. EPA has not yet moved to amend its labeling regulations to be consistent with the GHS, which leads to differences between EPA's current requirements and OSHA's new requirements related to classification criteria, hazard statements, pictograms, and signal words. Commenters on OSHA's proposed rule raised concerns about potential inconsistencies in the two agencies' requirements. EPA and OSHA worked together to develop this guidance to address these commenters' concerns. The PR Notice is intended to aid registrants in assuring that the SDS's for their products not be considered inconsistent with the EPA-approved product labeling for pesticides registered under FIFRA by providing guidance on how a registrant may reconcile an SDS with its associated FIFRA labeling, as stated below.</P>
        <P>The Agency believes that generally explaining why the FIFRA label and the SDS contain different hazard communication will prevent users from being misled. To provide an adequate explanation so the labeling is not misleading, EPA recommends registrants include in their SDS's the hazard information required on the FIFRA label and a brief explanation for differences between that information and the SDS hazard information, as outlined in the PR Notice.</P>
        <P>This guidance is effective immediately.</P>
        <HD SOURCE="HD1">III. Do PR Notices contain binding requirements?</HD>

        <P>The PR Notice discussed in this document is intended to provide guidance to EPA personnel and decision makers and to pesticide registrants. While the requirements in the statutes and Agency regulations are binding on EPA and the applicants, this PR Notice is not binding on either EPA or pesticide registrants, and EPA may depart from the guidance where circumstances warrant and without prior notice. Likewise, pesticide registrants may assert that the guidance<PRTPAGE P="23715"/>is not appropriate generally or not applicable to a specific pesticide or situation.</P>
        <HD SOURCE="HD1">IV. Does this PR Notice contain an information collection subject to the Paperwork Reduction Act?</HD>

        <P>This PR Notice provides guidance on what could be included in section 15 of the SDS in terms of draft explanatory text and the use of FIFRA hazard information as available on the EPA-approved label of a registered product. Although using the approach identified in the PR Notice is entirely optional, EPA recognizes that the approach involves an information collection activity covered by the Paperwork Reduction Act (PRA), 44 U.S.C. 3501<E T="03">et seq.,</E>and OMB's regulations at 5 CFR part 1320. As such, EPA and OSHA will collaborate on a subsequent revision to OSHA's ICR, identified under OMB Control No. 1218-0072, which addresses the information collection activities contained in the recent OSHA final rule revising HCS (77 FR 17574-17896). Before submitting such a revision to OMB for review and approval, EPA is hereby soliciting public comment on a supporting statement entitled “Supporting Statement for a Request to Revise a Currently Approved Information Collection Request (ICR) under the Paperwork Reduction Act; Proposed Revision to OMB Control No. 1218-0072” and available in EPA Docket ID No. EPA-HQ-OPP-2012-0176.</P>
        <HD SOURCE="HD2">A. Request for Comment on PRA Activities</HD>
        <P>Pursuant to section 3506(c)(2)(A) of PRA, EPA is soliciting comments and information to enable it to:</P>
        <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agencies, including whether the information will have practical utility.</P>
        <P>• Evaluate the accuracy of the estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.</P>
        <P>• Enhance the quality, utility, and clarity of the information to be collected.</P>
        <P>• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.</P>
        <HD SOURCE="HD2">B. PRA Burden Statement</HD>
        <P>Burden is defined in 5 CFR 1320.3(b). The annualized public burden for this collection of information, which involves the activities associated with the SDS preparer's inclusion in section 15 of the SDS of additional pesticide information from the EPA-approved labeling as described in EPA's PR Notice 2012-1, is estimated to average about 1.4 hours per respondent, or 0.25 hours per SDS. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here:</P>
        <P>•<E T="03">Estimated total number of potential respondents:</E>574.</P>
        <P>•<E T="03">Frequency of response:</E>Once, and optional.</P>
        <P>•<E T="03">Estimated total average number of responses for each respondent:</E>5.4.</P>
        <P>•<E T="03">Estimated total annual burden hours:</E>258 hours averaged over the 3-year phase-in established by the OSHA final rule.</P>
        <P>•<E T="03">Estimated total annual burden costs:</E>$17,028 averaged over the 3-year phase-in established by the OSHA final rule.</P>
        <HD SOURCE="HD2">C. Next Step Under the PRA</HD>

        <P>EPA will consider the comments received and amend the Supporting Statement as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12 as a revision to the OSHA ICR that covers the information collection activities in the OSHA HCS, identified under OMB Control No. 1218-0072. OSHA will issue another<E T="04">Federal Register</E>notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments. If you have any questions about this ICR or the approval process, please contact the technical person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <P>Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Pesticide drift, Spray drift.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: April 9, 2012.</DATED>
          <NAME>Steven Bradbury,</NAME>
          <TITLE>Director, Office of Pesticide Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9636 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <SUBJECT>Public Information Collections Approved by the Office of Management and Budget (OMB)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public information collections approved by the Office of Management and Budget.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Communications Commission has received Office of Management and Budget (OMB) approval for the following public information collection(s) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number, and no person is required to respond to a collection of information unless it displays a currently valid OMB control number.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For additional information, please contact Cathy Williams on (202) 418-2918 or via email to:<E T="03">cathy.williams@fcc.gov &lt;mailto:cathy.williams@fcc.gov&gt;.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E>3060-0357.</P>
        <P>
          <E T="03">OMB Approval Date:</E>February 9, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>February 28, 2014.</P>
        <P>
          <E T="03">Title:</E>Recognized Private Operating Agency (RPOA), Section 63.701.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>10 respondents; 10 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>2-5 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>35 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$17,650.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Voluntary. The statutory authority for this information collection is contained in Sections 4(i), 4(j), 201-205, 214 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(j), 201-25, 214 and 403.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission requests this collection of information to gather the information needed to recommend to the United States Department of State whether or not to designate persons requesting its Recognized Private Operating Agency (RPOA) status.</P>

        <P>The United States does not require anyone to obtain RPOA status but has<PRTPAGE P="23716"/>created a voluntary process by which companies that believe that it would be helpful in persuading foreign telecommunications operators to deal with them can obtain such a designation. RPOA status also permits companies to join the Telecommunications Sector of the International Telecommunications Union Formal (ITU), the standards-setting body of the ITU. Formal recognition of RPOA status is required by the ITU for companies desiring the ITU to grant them international free phone numbers. Without this information the government cannot represent to other nations that the United States enhanced-service providers will obey international regulations.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-0454.</P>
        <P>
          <E T="03">OMB Approval Date:</E>June 22, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>June 30, 2014.</P>
        <P>
          <E T="03">Title:</E>Sections 43.51, 64.1001, 64.1002, Regulations of International Accounting Rates.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>20 respondents; 20 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>1-5 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>205 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$3,000.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. The Commission has authority for this information collection pursuant to Sections 1, 4(i)-4(j), 43, 63, 201-205, 214, 303(r), and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)-154(j), 201-205, 214, 303(r), and 309.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The information is used by the Commission staff in carrying out its duties under the Communications Act of 1934, as amended. The information collections are necessary for the Commission to maintain effective oversight of U.S. carriers that are affiliated with or involved in certain co-marketing or similar arrangements with foreign carriers that have market power. Additionally, the information collection is necessary to analyze market trends to determine whether amendment of the Commission's existing rules or proposals of new rules are necessary to promote effective competition and prevent anti-competitive behavior between American and foreign carriers. If the collections are not conducted or are conducted less frequently, applicants will not obtain the authorizations necessary to provide telecommunications services, and the Commission will be unable to carry out its mandate under the Communications Act of 1934. Furthermore, the Commission would lack sufficient information to determine whether new or modified rules are necessary to combat anti-competitive behavior between American and foreign carriers.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-0751.</P>
        <P>
          <E T="03">OMB Approval Date:</E>August 17, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>August 31, 2014.</P>
        <P>
          <E T="03">Title:</E>Contracts and Concessions, 47 CFR 43.51.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>10 respondents; 40 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>6-8 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>300 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>None.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. The statutory authority for this information collection is contained in Sections 47 U.S.C. 154; Telecommunications Act of 1996, Public Law 1-4-104, Sections 402(b)(2)(B)(c), 110 Stat. 56 (1996) as amended unless otherwise noted. 47 U.S.C. 211, 219, 220 as amended.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission has determined that the authorized resale of international private lines interconnected to the U.S. public switched network (PSN) would tend to divert international message telephone service (IMTS) traffic from the settlements process and increase the U.S. net settlements deficit. The information will be used by the Commission in reviewing the impact, if any, that end-user private line interconnections have on our international settlements policy. The data will also enhance the ability of both the Commission and interested parties to monitor for unauthorized resale of international private lines that are interconnected to the U.S. PSN. The Commission's effort to preserve the integrity of its international resale policy would be thwarted if the collection were conducted less frequently.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-0768.</P>
        <P>
          <E T="03">OMB Approval Date:</E>August 17, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>August 31, 2014.</P>
        <P>
          <E T="03">Title:</E>28 GHz Band Segmentation Plan Amending the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>65 respondents; 65 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>2 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>130 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$18,150.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. The statutory authority for this collection of information and third party disclosure requirements is contained in Sections 25.101 to 25.601 issued under Section 4, 48 Stat. 1066, as amended; 47 U.S.C. 154; Sections 101-104, 76 Stat. 416-427; 47 U.S.C. 701-744; and 47 U.S.C. 554. Statutory authority for Part 101 is contained in 47 U.S.C. 154, 303, unless otherwise noted.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The information is used by the Commission and other applicants and/or licensees in the 28 GHz band to facilitate technical coordination of systems among applicants and/or licensees in the 28 GHz band. Without such information, the Commission could not implement the band plan as set forth in the First Report and Order and Fourth Notice of Proposed Rulemaking.</P>
        <P>Affected applicants and licensees are required to provide the requested information to the Commission and other third parties whenever they seek authority to provide service in the 28 GHz band. The frequency of filing is, in general, determined by the applicant or licensees. If this information is compiled less frequently or not filed in conjunction with our rules, applicants and licensees will not obtain the authorization necessary to provide telecommunications services. Furthermore, the Commission would not be able to carry out its mandate as required by statute and applicants and licensees would not be able to provide service effectively.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-0962.</P>
        <P>
          <E T="03">OMB Approval Date:</E>August 16, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>August 31, 2014.</P>
        <P>
          <E T="03">Title:</E>Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.<PRTPAGE P="23717"/>
        </P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>26 respondents; 29 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>1-4 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>35 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$147,350.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. The Commission has authority for this collection of information pursuant to Sections 1, 4(i), 301, 303, 308, 309, and 310 of the Communications Act of 1934, as amended, 47 U.S.C. 51, 154(i), 301, 303, 308, 309, and 310.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>This information collection facilitates the Commission's efforts to use spectrum more efficiently and to better accommodate the operational needs of licensees.</P>
        <P>In addition, the collection of this information is necessary for the Commission to determine whether licensees are complying with the rules applicable to satellite earth stations and to deploy new satellite systems. If the collection were not conducted, the Commission would not be able to verify whether Geostationary Satellite Orbit/Fixed Satellite Service (GSO/FSS) satellite earth stations in the Ka-band were operating in accordance with Commission rules. Additionally, spectrum would not be used most efficiently and would, therefore, result in hindering the provision of new or enhanced telecommunications services to the public.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-1013.</P>
        <P>
          <E T="03">OMB Approval Date:</E>February 4, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>February 28, 2014.</P>
        <P>
          <E T="03">Title:</E>Mitigation of Orbital Debris.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>53 respondents; 53 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>3 hours per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>159 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$102,025.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. Information collected during the Commission's authorization process will be used by Commission staff in carrying out the agency's duties concerning satellite communications, pursuant to Sections 1, 4(i), 301, 303, 308, 309 and 310 of the Communications Act, 47 U.S.C. 151, 154(i), 301, 303, 308, 309, and 310.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The information collection requirements accounted for in this collection are necessary to mitigate the potential harmful effects of orbital debris accumulation. Disclosure of debris mitigation plans as part of requests for FCC authorization will help preserve the United States' continued affordable access to space, the continued provision of reliable U.S. space-based services, including communications and remote sensing satellite services, for U.S. commercial, government, and homeland security purposes as well as the continued safety of persons and property in space and on the surface of the Earth. Disclosure of debris mitigation plans will allow the Commission and potentially affected third parties to evaluate satellite operators' debris mitigation plans prior to the issuance of an FCC approval for communications activities in space. Disclosure may also aid in the wider dissemination of information concerning debris mitigation techniques and may provide a base-line of information that will aid in analyzing and refining those techniques.</P>
        <P>Without disclosure of orbital debris mitigation plans as part of applications for FCC authority, the Commission would be denied any opportunity to ascertain whether satellite operators are in fact considering and adopting reasonable debris mitigation practices, which could result in an increase in orbital debris and a decrease in the utility of space for communications and other uses. Furthermore, the growth in the orbital debris population may limit the usefulness of space for communications and other uses in the future by raising the costs and lowering the reliability of space-based systems. Additionally, the effects of collisions involving orbital debris can be catastrophic and may cause significant damage to functional spacecraft or to persons or property on the surface of the Earth, if the debris re-enters the Earth's atmosphere in an uncontrolled manner.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-1028.</P>
        <P>
          <E T="03">OMB Approval Date:</E>February 8, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>February 28, 2014.</P>
        <P>
          <E T="03">Title:</E>International Signaling Point Code (ISPC).</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>20 respondents; 20 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>20 minutes per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>7 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>None.</P>
        <P>
          <E T="03">Obligation to Respond:</E>Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 1, 4(i)-(j), 201-205, 211, 214, 219-220, 303(r), 309 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)-(j), 201-205, 211, 214, 219-220, 303(r), and 403.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The information collection requirements contained in this collection facilitate the Commission's assignment of unique ISPCs to international carriers for identification purposes. In addition, they enhance the ability of the international carriers to communicate with each other internationally through the shared signaling network. The Commission would not have a unique identification code (ISPC) to identify each international carrier if these collections of information were not conducted. Furthermore, the lack of ISPCs would hinder the international carriers' ability to identify other carriers and would likely result in delays in communication or miscommunication among international carriers on the shared signaling network.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-1029.</P>
        <P>
          <E T="03">OMB Approval Date:</E>February 9, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>February 28, 2014.</P>
        <P>
          <E T="03">Title:</E>Data Network Identification Code (DNIC).</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>5 respondents; 5 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>15 minutes per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>1 hour.</P>
        <P>
          <E T="03">Total Annual Cost:</E>None.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 1, 4(i)-(j), 201-205, 211, 214, 219-220, 303(r), 309, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)-(j), 201-205, 211, 214, 219-220, 303(r), 309 and 403.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission obtains relevant information from operators of public data networks through the filing of applications for<PRTPAGE P="23718"/>Data Network Identification Codes (DNICs) on the Internet-based International Bureau Filing System (IBFS). This information is collected by the Commission to assign DNICs to operators of public data networks in order to identify and permit automated switching of data traffic to particular networks. The Commission's lack of an assignment of DNICs to operators of public data networks would result in technical problems that prevent the identification and automated switching of data traffic to particular networks.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-1059.</P>
        <P>
          <E T="03">OMB Approval Date:</E>November 24, 2010.</P>
        <P>
          <E T="03">Expiration Date:</E>November 30, 2013.</P>
        <P>
          <E T="03">Title:</E>Global Mobile Personal Communications by Satellite (GMPCS)/E911 Call Centers.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for profit entities.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>25 respondents; 25 responses.</P>
        <P>
          <E T="03">Estimated Hours per Response:</E>1 hour per response.</P>
        <P>
          <E T="03">Total Annual Burden:</E>25 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$7,500.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Required to obtain or retain benefits. The Commission has authority for this information collection pursuant to Sections 1, 4(i), 7, 10, 201, 202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-(5), 251(e)(3), 301, 303, 308 and 310 of the Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-(5), 251(e)(3), 301, 303, 308 and 310.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>There is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>The information collections that result from the E911 Scope Second R&amp;O, IB Docket No. 99-67 (FCC 04-201), are used by the Commission under its authority to license commercial satellite services in the United States. Without the collection of information that would result from these rules, the Commission would not be able to monitor the Mobile Satellite Service (MSS) carriers' establishment of call centers which are essential to provide emergency services, such as handling emergency 911 telephone calls from American citizens. The recordkeeping and reporting requirements include data on MSS call center use such as the aggregate number of calls that the call centers receive and the number of calls that required forwarding to a local Public Safety Answering Points (PSAP). The Commission will use this data to monitor compliance with the call center requirement and track usage trends. Such information would be useful to the Commission in considering whether FCC rules require modification to accommodate the changing market. The rules require that MSS carriers file a post-implementation report with the Commission annually.</P>
        <P>Without the collection of information, the Commission would not be able to confirm the MSS carriers' compliance with the call center rules. Additionally, the agency would not have data on MSS call center use in order to determine whether the Commission should modify its rules to accommodate the current market.</P>
        <P>
          <E T="03">OMB Control Number:</E>3060-1116.</P>
        <P>
          <E T="03">OMB Approval Date:</E>December 1, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>December 31, 2014.</P>
        <P>
          <E T="03">Title:</E>Submarine Cable Reporting.</P>
        <P>
          <E T="03">Form Nos.:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit.</P>
        <P>
          <E T="03">Number of Respondents/Responses:</E>53 respondents; 53 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>20-100 hours.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Voluntary.</P>
        <P>
          <E T="03">Total Annual Burden:</E>10,070 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>N/A.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>Information provided pursuant to this request will be viewed as presumptively confidential upon submission because the information would reflect reports on weaknesses in or damage to national communications infrastructure, and the release of this sensitive information to the public could potentially facilitate terrorist targeting of critical infrastructure and key resources. The submissions also may contain internal confidential information that constitutes trade secrets and commercial/financial information that the respondent does not routinely make public and public release of the submitted information could cause competitive harm by revealing information about the types and deployment of cable equipment and the traffic that flows across the system.</P>
        <P>
          <E T="03">Needs and Uses:</E>The Commission is requesting that current submarine cable landing licensees voluntarily provide information regarding the system status and service restoration activities for the submarine cable systems and cable landing stations and information about the physical location, assets, and restoration plans for the submarine cable systems. This information is needed in order to support Federal government national security and emergency preparedness communications programs, for the purpose of providing situational awareness of submarine cable system performance as well as a greater understanding of potential physical threats to the submarine cable systems. The Commission has been working with the Assistant Director for National Security and Emergency Preparedness, at the Office of Science and Technology Policy (OSTP) on this collection on behalf of other Executive Branch agencies, at the direction of the President.</P>
        <P>
          <E T="03">OMB Control No.:</E>3060-0106.</P>
        <P>
          <E T="03">OMB Approval Date:</E>October 28, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>October 31, 2014.</P>
        <P>
          <E T="03">Title:</E>Part 43 Reporting Requirements for U.S. Providers of International Telecommunications Services and Affiliates; 47 CFR 43.61.</P>
        <P>
          <E T="03">Form No.:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Responses/Respondents:</E>1,255 respondents and 1,255 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>2 hours-220 hours.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Sections 1, 4(i), 4(j)11, 201-205, 211, 214, 219, 220, 303(r), 309, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 161, 201, 205, 211, 214, 219, 220, 303(r), 309 and 403.</P>
        <P>
          <E T="03">Total Annual Burden:</E>19,530 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>$339,000.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>In general there is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>On May 12, 2011, the Federal Communications Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking (FCC 11-76) in Reporting Requirements for U.S. Providers of International Telecommunications Services, Amendment of Part 43 of the Commission's Rules, IB Docket No. 04-112 (rel. May 13, 2011). In the First Report and Order portion of that document (First Report and Order), the Commission amended the international reporting requirements in Section 43.61 of the Commission's rules. The Commission retained the annual traffic and revenue report contained in Section 43.61(a) but eliminated the quarterly large carrier report in Section 43.61(b) and the quarterly report of switched<PRTPAGE P="23719"/>resellers affiliated with foreign telecommunications entities in Section 43.61(c). The Commission also retained the requirement from the current Section 43.61(a) traffic and revenue report that filing entities report their international message telephone service (IMTS) and international private line services on a for each overseas route they serve. The Commission also retained the current requirement in Section 43.61(a) that filing entities report their IMTS resale (i.e., where an entity purchases IMTS calls from another provider and resells them to its customers) on a world-total basis.</P>
        <P>The First Report and Order simplified the annual Section 43.61(a) report by amending subpart (a) of the rule to eliminate the current requirement that filing entities separately report IMTS and private line traffic between the conterminous 48 states and offshore U.S. points such as Guam and the U.S. Virgin Islands and traffic between such offshore U.S. points and foreign points. The Commission did not amend subparts (1), (2), or (3) of Section 43.61(a).</P>
        <P>
          <E T="03">OMB Control No.:</E>3060-0169.</P>
        <P>
          <E T="03">OMB Approval Date:</E>October 28, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>October 31, 2014.</P>
        <P>
          <E T="03">Title:</E>Section 43.51, Reports and Records of Communications Common Carriers and Affiliates.</P>
        <P>
          <E T="03">Form No.:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Responses/Respondents:</E>55 respondents and 1,210 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>6 hours.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Required to obtain or retain benefits. The statutory authority for this collection is contained in sections: 1-4, 10, 11, 201-205, 211, 218, 220, 226, 303(g), 303(r) and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 160, 161, 201, 205, 211, 218, 220, 226, 303(g), 303(r) and 332.</P>
        <P>
          <E T="03">Total Annual Burden:</E>5,047 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>None.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>In general there is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>On May 13, 2011, the Federal Communications Commission released a First Report and Order and Further Notice of Proposed Rulemaking (FCC 11-76) in Reporting Requirements for U.S. Providers of International Telecommunications Services, Amendment of Part 43 of the Commission's Rules, IB Docket No. 04-112 (rel. May 13, 2011) (Part 43 Review Order). In the First Report and Order portion of the Part 43 Review Order (First Report and Order), the Commission removed section 43.53 as no longer being required in the public interest. It did not alter section 43.51.</P>
        <P>
          <E T="03">OMB Control No.:</E>3060-0572.</P>
        <P>
          <E T="03">OMB Approval Date:</E>October 28, 2011.</P>
        <P>
          <E T="03">Expiration Date:</E>October 31, 2014.</P>
        <P>
          <E T="03">Title:</E>International Circuit Status Reports, 47 CFR 43.82.</P>
        <P>
          <E T="03">Form No.:</E>N/A.</P>
        <P>
          <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
        <P>
          <E T="03">Respondents:</E>Business or other for-profit entities.</P>
        <P>
          <E T="03">Number of Responses and Respondents:</E>75 respondents and 75 responses.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>1 hour-50 hours.</P>
        <P>
          <E T="03">Obligation To Respond:</E>Required to obtain or retain benefits. The Commission has authority for this information collection pursuant to the Communications Act of 1934 Sections 4, 48, 48 Stat. 1066, as amended, 47 U.S.C. 154 unless otherwise noted. Interpret or apply Sections 211, 219, 48 Stat. 1073, 1077, as amended; 47 U.S.C. 211, 219 and 220.</P>
        <P>
          <E T="03">Total Annual Burden:</E>736 hours.</P>
        <P>
          <E T="03">Total Annual Cost:</E>None.</P>
        <P>
          <E T="03">Nature and Extent of Confidentiality:</E>In general there is no need for confidentiality with this collection of information.</P>
        <P>
          <E T="03">Needs and Uses:</E>On May 12, 2011, the Federal Communications Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking (FCC 11-76) in Reporting Requirements for U.S. Providers of International Telecommunications Services, Amendment of Part 43 of the Commission's Rules, IB Docket No. 04-112 (rel. May 13, 2011). In the First Report and Order portion of that document (First Report and Order), the Commission amended the international reporting requirements in Section 43.82 that requires carriers annually to report the status of the international transmission circuits they owned or leased on December 31st of the preceding year. In the First Report and Order, the Commission also eliminated the circuit-addition report in Section 63.23(e) of the Commission's rules.</P>
        <P>In the First Report and Order, the Commission retained the annual circuit-status report contained in Section 43.82, but eliminated the requirement that filing entities separately report circuits between the conterminous 48 states and offshore U.S. points such as Guam and the U.S. Virgin Islands and circuits between such offshore U.S. points and foreign points.</P>
        <P>In the First Report and Order, the Commission also removed the requirement that filing entities file the circuit-addition report in section 63.23(e) of the rules. The Commission found that the section 43.82 annual circuit-status report provides enough information so that the circuit-addition report is no longer necessary. Section 63.23(e) required carriers that have been certified to resell international private lines for the provision of telecommunications services to file each year the number of private line circuits they added and the service for which they were used. The Commission required this report because such service provider did not file the annual circuit-status report. The underlying carriers that provide the private lines that the resellers are using are required to report those circuits in their annual circuit-status report. As a result, we have a record that the circuits are used and do not need for the resellers also to report the same circuits.</P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Marlene H. Dortch,</NAME>
          <TITLE>Secretary, Office of the Secretary, Office of Managing Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-9591 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License; Applicants</SUBJECT>
        <P>Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for a license as a Non-Vessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF)—Ocean Transportation Intermediary (OTI) pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Notice is also hereby given of the filing of applications to amend an existing OTI license or the Qualifying Individual (QI) for a license.</P>

        <P>Interested persons may contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573, by telephone at (202) 523-5843 or by email at<E T="03">OTI@fmc.gov.</E>
        </P>
        
        <EXTRACT>

          <FP SOURCE="FP-1">Barthco International, Inc. (NVO &amp; OFF), 5101 S. Broad Street, Philadelphia, PA 19112.<E T="03">Officers:</E>Lars Huebecker, Vice President (Qualifying Individual), Patrick Moebel, President.<E T="03">Application Type:</E>QI Change.</FP>

          <FP SOURCE="FP-1">Hua Yang Transportation Co. (NVO), 1450 Glenn Curtiss Street, Carson, CA 90746.<PRTPAGE P="23720"/>
            <E T="03">Officers:</E>Merlinda V. Tan, COO (Qualifying Individual), Yanzhong Ding, President/Chairperson.<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Bertschi North America Inc. (NVO), 15811 Heatherdale Drive, Houston, TX 77059.<E T="03">Officers:</E>Eloy Ramos, Director/President/Secretary/Treasurer (Qualifying Individual), Hans J. Bertschi, Director.<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Cibao Cargo, Inc. (NVO), 1345 Cromwell Avenue, Bronx, NY 10452.<E T="03">Officers:</E>Jose A. Perdomo, President (Qualifying Individual), Jose O. Perdomo, Vice President.<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Clutch Global Logistics, Inc. (NVO &amp; OFF), 180 Champion Way, Northlake, IL 60164.<E T="03">Officers:</E>David F. Gross, CEO (Qualifying Individual), Lance A. Lucibello, Vice President.<E T="03">Application Type:</E>QI Change.</FP>

          <FP SOURCE="FP-1">CMA CGM Logistics USA LLC (NVO &amp; OFF), 1 Meadowlands Plaza, Suite 201, East Rutherford, NJ 07073.<E T="03">Officers:</E>Nicalaos Fafoutis, General Manager (Qualifying Individual), Frank J. Baragona, Director.<E T="03">Application Type:</E>New NVO &amp; OFF License.</FP>

          <FP SOURCE="FP-1">Convergent Logistics LLC (NVO &amp; OFF), 13634 Peyton Drive, Dallas, TX 75240.<E T="03">Officer</E>: Patrick Higgins, President (Qualifying Individual).<E T="03">Application Type:</E>New NVO &amp; OFF License.</FP>

          <FP SOURCE="FP-1">EMI Freight International, L.L.C. (NVO), 8298 NW 68st Street, Miami, FL 33166.<E T="03">Officers:</E>Omar E. Ortiz, Chief Executive Manager (Qualifying Individual), Adriana M. Olarte, Member/Manager.<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Euro Cargo Express, Inc. dba Pacific Anchor Line Group (NVO), 154-09 146th Avenue, Jamaica, NY 11434.<E T="03">Officers:</E>Carlo Paravani, President (Qualifying Individual), Barbara Hiebendahl, Secretary.<E T="03">Application Type:</E>Name Change/QI Change.</FP>

          <FP SOURCE="FP-1">Gandhi International Shipping, Inc. (NVO &amp; OFF), 2358 W. Devon Avenue, Chicago, IL 60659.<E T="03">Officers:</E>Mohammed A. Gandhi, President (Qualifying Individual), Azim Gandhi, Secretary.<E T="03">Application Type:</E>Add NVO Serice.</FP>

          <FP SOURCE="FP-1">King Solutions, Inc. (NVO &amp; OFF), 11011 Holly Lane N., Dayton, MN 55369.<E T="03">Officers:</E>William S. Panzarella, VP of International Development (Qualifying Individual), Michael Patterson, CEO/CFO/Secretary.<E T="03">Application Type:</E>New NVO &amp; OFF License.</FP>

          <FP SOURCE="FP-1">NIT Logistics, Inc. (NVO), 241 Hudson Street, Hackensack, NJ 07601,<E T="03">Officers:</E>Goksin Sensoz, Corporate Secretary (Qualifying Individual), Zeki Sensoz, President/Treasurer.<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Ocean Cargo Transportation Inc. (NVO), 3144 E. Garvey Avenue South, West Covina, CA 91791.<E T="03">Officer:</E>Catalina Ricard, C.E.O./Secretary/C.F.O. (Qualifying Individual).<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Prioity Import-Export Services, Inc. (NVO), 11222 La Cienega Blvd., Suite 400, Inglewood, CA 90304.<E T="03">Officer:</E>Dennis Swing,  President/Secretary/Treasurer (Qualifying Individual).<E T="03">Application Type:</E>New NVO License.</FP>

          <FP SOURCE="FP-1">Ship International Inc (NVO &amp; OFF), 1231 E. 230th Street, Carson, CA 90745.<E T="03">Officers:</E>Rigoberto S. Zavaleta, VP of Operations/Secretary (Qualifying Individual), Patrica A. Whaley, President/CEO.<E T="03">Application Type:</E>New NVO &amp; OFF License.</FP>

          <FP SOURCE="FP-1">Victory Maritime Services USA (NVO &amp; OFF), 425 West Main Street, Alhambra, CA 91801.<E T="03">Officers:</E>Mishell O. Sanchez, Vice President (Qualifying Individual), Xu Chen, President/Secretary.<E T="03">Application Type:</E>QI Change.</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: April 16, 2012.</DATED>
          <NAME>Rachel E. Dickon,</NAME>
          <TITLE>Assistant Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-9508 Filed 4-19-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License; Revocation</SUBJECT>
        <P>The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR Part 515, effective on the corresponding date shown below:</P>
        
        <P>
          <E T="03">License Number:</E>013552N.</P>
        <P>
          <E T="03">Name:</E>Boston Shipping Enterprise, Inc.</P>
        <P>
          <E T="03">Address:</E>506 Decatur Street, Brooklyn, NY 11233.</P>
        <P>
          <E T="03">Date Revoked:</E>February 23, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>14169N.</P>
        <P>
          <E T="03">Name:</E>Expedited Transportation Services, Inc.</P>
        <P>
          <E T="03">Address:</E>505 Plantation Park Drive, Suite B, Loganville, GA 30052.</P>
        <P>
          <E T="03">Date Revoked:</E>March 14, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>14803N.</P>
        <P>
          <E T="03">Name:</E>Rocky International, LLC.</P>
        <P>
          <E T="03">Address:</E>9550 Flair Drive, Suite 509, El Monte, CA 91731.</P>
        <P>
          <E T="03">Date Revoked:</E>March 19, 2012.</P>
        <P>
          <E T="03">Reason:</E>Voluntarily surrendered license.</P>
        
        <P>
          <E T="03">License Number:</E>15121N.</P>
        <P>
          <E T="03">Name:</E>Lee, Michelle Eun Jung dba Pac Marine Express.</P>
        <P>
          <E T="03">Address:</E>19401 South Main Street, Suite 102, Gardena, CA 90248.</P>
        <P>
          <E T="03">Date Revoked:</E>March 14, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>015548N.</P>
        <P>
          <E T="03">Name:</E>Demars International, Inc. dba Service America Independent Line.</P>
        <P>
          <E T="03">Address:</E>41-11 30th Avenue, Astoria, NY 11103.</P>
        <P>
          <E T="03">Date Revoked:</E>February 23, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>17826F.</P>
        <P>
          <E T="03">Name:</E>The Relocation Freight Corporation of America.</P>
        <P>
          <E T="03">Address:</E>16260 North 71st Street, Scottsdale, AZ 85254.</P>
        <P>
          <E T="03">Date Revoked:</E>February 16, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>017827F.</P>
        <P>
          <E T="03">Name:</E>Prudential Relocation, Inc. dba Prudential Relocation.</P>
        <P>
          <E T="03">Address:</E>16260 North 71st Street, Scottsdale, AZ 85254.</P>
        <P>
          <E T="03">Date Revoked:</E>February 16, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>019572N.</P>
        <P>
          <E T="03">Name:</E>ENL Global, Inc.</P>
        <P>
          <E T="03">Address:</E>3420 Garfield Avenue, City of Commerce, CA 90040.</P>
        <P>
          <E T="03">Date Revoked:</E>March 1, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>019720NF.</P>
        <P>
          <E T="03">Name:</E>Atlantic Coast Trading Inc.</P>
        <P>
          <E T="03">Address:</E>2305 NW 107th Avenue, Suite 2-M-27, Doral, FL 33172.</P>
        <P>
          <E T="03">Date Revoked:</E>February 19, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain valid bonds.</P>
        
        <P>
          <E T="03">License Number:</E>019947N.</P>
        <P>
          <E T="03">Name:</E>Airgate International Corporation (Chicago).</P>
        <P>
          <E T="03">Address:</E>2249 Windsor Court, Addison, IL 60101.</P>
        <P>
          <E T="03">Date Revoked:</E>March 14, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>020193N.</P>
        <P>
          <E T="03">Name:</E>Summit Logistics, Inc.</P>
        <P>
          <E T="03">Address:</E>177-25 Rockaway Blvd., Suite 107, Jamaica, NY 11434.</P>
        <P>
          <E T="03">Date Revoked:</E>February 24, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>020545F.</P>
        <P>
          <E T="03">Name:</E>Denizabel Shipping, Inc.</P>
        <P>
          <E T="03">Address:</E>19558 NW 50th Court, Miami Gardens, FL 33055.</P>
        <P>
          <E T="03">Date Revoked:</E>March 2, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>020597N.</P>
        <P>
          <E T="03">Name:</E>Ferrara International Worldwide Inc.</P>
        <P>
          <E T="03">Address:</E>1319 North Broad Street, Hillside, NJ 07205.</P>
        <P>
          <E T="03">Date Revoked:</E>February 16, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>020849N.</P>
        <P>
          <E T="03">Name:</E>Master Freight America, Corp.<PRTPAGE P="23721"/>
        </P>
        <P>
          <E T="03">Address:</E>8925 NW 26th Street, Miami, FL 33172.</P>
        <P>
          <E T="03">Date Revoked:</E>March 14, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>021062F.</P>
        <P>
          <E T="03">Name:</E>International Trade Compliance Group, LLC.</P>
        <P>
          <E T="03">Address:</E>101 North Riverside Drive, Suite 203, Pompano Beach, FL 33062.</P>
        <P>
          <E T="03">Date Revoked:</E>February 21, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>021103N.</P>
        <P>
          <E T="03">Name:</E>The Visca Corp.</P>
        <P>
          <E T="03">Address:</E>5540 West Century Blvd., Unit 5, Los Angeles, CA 90045.</P>
        <P>
          <E T="03">Date Revoked:</E>February 17, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        
        <P>
          <E T="03">License Number:</E>021378NF.</P>
        <P>
          <E T="03">Name:</E>Interex Mega Line USA, Inc.</P>
        <P>
          <E T="03">Address:</E>15550 Vickery Drive, Suite 100, Houston, TX 77032.</P>
        <P>
          <E T="03">Date Revoked:</E>February 25, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain valid bonds.</P>
        
        <P>
          <E T="03">License Number:</E>021621N.</P>
        <P>
          <E T="03">Name:</E>Supreme International Shippers and Movers Inc.</P>
        <P>
          <E T="03">Address:</E>6921 NW 87th Avenue, Miami, FL 33178.</P>
        <P>
