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  <VOL>77</VOL>
  <NO>170</NO>
  <DATE>Friday, August 31, 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>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Rural Business-Cooperative Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>53168</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21509</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Architectural</EAR>
      <HD>Architectural and Transportation Barriers Compliance Board</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Medical Diagnostic Equipment Accessibility Standards Advisory Committee,</DOC>
          <PGS>53163</PGS>
          <FRDOCBP D="0" T="31AUP1.sgm">2012-21530</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Army</EAR>
      <HD>Army Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Arlington National Cemetery,</SJDOC>
          <PGS>53188</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21570</FRDOCBP>
        </SJDENT>
      </CAT>
    </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>RULES</HD>
        <SJ>Medicare Program:</SJ>
        <SJDENT>
          <SJDOC>Hospital Inpatient Prospective Payment Systems, etc.,</SJDOC>
          <PGS>53258-53750</PGS>
          <FRDOCBP D="492" T="31AUR2.sgm">2012-19079</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>53202-53204</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21593</FRDOCBP>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21594</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Medicare Evidence Development and Coverage Advisory Committee,</SJDOC>
          <PGS>53204-53205</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21583</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Drawbridge Operations:</SJ>
        <SJDENT>
          <SJDOC>Columbia River, Vancouver, WA,</SJDOC>
          <PGS>53141-53142</PGS>
          <FRDOCBP D="1" T="31AUR1.sgm">2012-21535</FRDOCBP>
        </SJDENT>
        <SJ>Safety Zones:</SJ>
        <SJDENT>
          <SJDOC>Cleveland National Air Show, Cleveland, OH,</SJDOC>
          <PGS>53142-53144</PGS>
          <FRDOCBP D="2" T="31AUR1.sgm">2012-21532</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>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>53171-53172</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21588</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Committee for Purchase</EAR>
      <HD>Committee for Purchase From People Who Are Blind or Severely Disabled</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Procurement List; Additions and Deletions,</DOC>
          <PGS>53179-53180</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21564</FRDOCBP>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21576</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Army Department</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Navy Department</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Arms Sales,</DOC>
          <PGS>53180-53184</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21589</FRDOCBP>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21590</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Arms Sales Notifications,</DOC>
          <PGS>53184-53187</PGS>
          <FRDOCBP D="3" T="31AUN1.sgm">2012-21451</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Council on Dependents' Education,</SJDOC>
          <PGS>53187-53188</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21534</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy Department</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Energy Regulatory Commission</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Environmental Management Site-Specific Advisory Board, Idaho National Laboratory,</SJDOC>
          <PGS>53192-53193</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21550</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Environmental Management Site-Specific Advisory Board, Northern New Mexico,</SJDOC>
          <PGS>53192</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21554</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Environmental Management Site-Specific Advisory Board, Savannah River Site,</SJDOC>
          <PGS>53193</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21555</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Ultra-Deepwater Advisory Committee,</SJDOC>
          <PGS>53191</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21547</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Unconventional Resources Technology Advisory Committee,</SJDOC>
          <PGS>53191-53192</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21549</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Exemption from the Requirement of a Tolerance:</SJ>
        <SJDENT>
          <SJDOC>Nitric Acid,</SJDOC>
          <PGS>53144-53150</PGS>
          <FRDOCBP D="6" T="31AUR1.sgm">2012-21354</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Cancellation Orders for Certain Pesticide Registrations:</SJ>
        <SJDENT>
          <SJDOC>MGK 264, Pyrethrins, Pyriproxyfen, and Permethrin; Correction,</SJDOC>
          <PGS>53197-53198</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21433</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Environmental Impact Statements; Availability, etc.:,</DOC>
          <PGS>53198-53199</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21568</FRDOCBP>
        </DOCENT>
        <SJ>Requests for Waivers of Preemption:</SJ>
        <SJDENT>
          <SJDOC>California State Motor Vehicle Pollution Control Standards; Advanced Clean Car Program,</SJDOC>
          <PGS>53199-53201</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21566</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Economic Impact Policy,</DOC>
          <PGS>53201</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21548</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>The Boeing Company Airplanes,</SJDOC>
          <PGS>53155-53159</PGS>
          <FRDOCBP D="4" T="31AUP1.sgm">2012-21556</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Thielert Aircraft Engines GmbH Models TAE 125 02-99 and TAE 125 02 114 Reciprocating Engines,</SJDOC>
          <PGS>53154-53155</PGS>
          <FRDOCBP D="1" T="31AUP1.sgm">2012-21524</FRDOCBP>
        </SJDENT>
        <SJ>Amendments to Class B Airspace:</SJ>
        <SJDENT>
          <SJDOC>Detroit, MI,</SJDOC>
          <PGS>53159</PGS>
          <FRDOCBP D="0" T="31AUP1.sgm">C1--2012--19902</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Passenger Use of Portable Electronic Devices On Board Aircraft,</DOC>
          <PGS>53159-53163</PGS>
          <FRDOCBP D="4" T="31AUP1.sgm">2012-21577</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Air Traffic Slots Management,</SJDOC>
          <PGS>53249</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21538</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Airports Grants Program,</SJDOC>
          <PGS>53249-53250</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21542</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>International Civil Aviation Organizations Dangerous Goods Panel,</SJDOC>
          <PGS>53250-53251</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21544</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Communications</EAR>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Petition for Reconsideration of Action in Rulemaking Proceeding,</DOC>
          <PGS>53163-53164</PGS>
          <FRDOCBP D="1" T="31AUP1.sgm">2012-21478</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <PRTPAGE P="iv"/>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Combined Filings,</DOC>
          <PGS>53193-53195</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21515</FRDOCBP>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21516</FRDOCBP>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21517</FRDOCBP>
        </DOCENT>
        <SJ>Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:</SJ>
        <SJDENT>
          <SJDOC>Brandon Shores LLC,</SJDOC>
          <PGS>53197</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21518</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>C.P. Crane LLC,</SJDOC>
          <PGS>53195</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21510</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>D &amp; L Harris and Associates,</SJDOC>
          <PGS>53196</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21514</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>H.A. Wagner LLC,</SJDOC>
          <PGS>53195-53196</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21511</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Raven Power Marketing LLC,</SJDOC>
          <PGS>53197</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21512</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Susterra Energy, LLC,</SJDOC>
          <PGS>53196-53197</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21513</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Highway</EAR>
      <HD>Federal Highway Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Annual Materials Report on New Bridge Construction and Bridge Rehabilitation,</DOC>
          <PGS>53251-53252</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21537</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Railroad</EAR>
      <HD>Federal Railroad Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Railroad Workplace Safety:</SJ>
        <SJDENT>
          <SJDOC>Adjacent-Track On-Track Safety for Roadway Workers,</SJDOC>
          <PGS>53164</PGS>
          <FRDOCBP D="0" T="31AUP1.sgm">2012-21585</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Chicago, IL, to Detroit-Pontiac, MI, Regional Passenger Rail System,</SJDOC>
          <PGS>53252-53254</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21587</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Reserve</EAR>
      <HD>Federal Reserve System</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Federal Open Market Committee; Domestic Policy Directive,</DOC>
          <PGS>53201-53202</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21557</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Formations of, Acquisitions by, and Mergers of Bank Holding Companies,</DOC>
          <PGS>53202</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21543</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Migratory Bird Hunting:</SJ>
        <SJDENT>
          <SJDOC>Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands,</SJDOC>
          <PGS>53752-53768</PGS>
          <FRDOCBP D="16" T="31AUR3.sgm">2012-21294</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan, California,</SJDOC>
          <PGS>53221-53223</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21299</FRDOCBP>
        </SJDENT>
        <SJ>Permit Applications:</SJ>
        <SJDENT>
          <SJDOC>Endangered and Threatened Wildlife and Plants,</SJDOC>
          <PGS>53223-53224</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21500</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Forest</EAR>
      <HD>Forest Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>De Soto Resource Advisory Committee,</SJDOC>
          <PGS>53169-53170</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21263</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Olympic Peninsula Resource Advisory Committee,</SJDOC>
          <PGS>53168-53169</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21561</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Siuslaw Resource Advisory Committee,</SJDOC>
          <PGS>53170</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21264</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Southwest Idaho Resource Advisory Committee,</SJDOC>
          <PGS>53170</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21539</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Uinta-Wasatch-Cache National Forest Resource Advisory Committee,</SJDOC>
          <PGS>53169</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21192</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Geological</EAR>
      <HD>Geological Survey</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Coastal and Marine Ecological Classification Standard,</DOC>
          <PGS>53224-53225</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21552</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>National Earthquake Prediction Evaluation Council,</SJDOC>
          <PGS>53225</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21602</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>National Institutes of Health</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Housing</EAR>
      <HD>Housing and Urban Development Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Accountability in the Provision of HUD Assistance, Applicant/Recipient Disclosure/Update Report,</SJDOC>
          <PGS>53211-53212</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21463</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Home Equity Conversion Mortgage Insurance Application for the Origination of Reverse Mortgages and Related Documents,</SJDOC>
          <PGS>53209-53210</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21603</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Public Housing Agency Burden Reduction Survey,</SJDOC>
          <PGS>53210-53211</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21462</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Request for Approval of Advance of Escrow Funds,</SJDOC>
          <PGS>53210</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21598</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Strong Cities Strong Communities National Resource Network,</SJDOC>
          <PGS>53212</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21464</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Survey of Manufactured (Mobile) Home Placements,</SJDOC>
          <PGS>53208-53209</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21591</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Federal Properties Suitable as Facilities to Assist Homeless,</DOC>
          <PGS>53212-53214</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21228</FRDOCBP>
        </DOCENT>
        <SJ>Funding Awards:</SJ>
        <SJDENT>
          <SJDOC>Service Coordinators in Multifamily Housing Program, Fiscal Year 2010,</SJDOC>
          <PGS>53214-53221</PGS>
          <FRDOCBP D="7" T="31AUN1.sgm">2012-21599</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Indian Affairs</EAR>
      <HD>Indian Affairs Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Seminole Tribe of Florida Fee-to-Trust, Coconut Creek, FL,</SJDOC>
          <PGS>53225-53226</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21507</FRDOCBP>
        </SJDENT>
      </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>Geological Survey</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Indian Affairs Bureau</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>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Reclamation Bureau</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Internal Revenue</EAR>
      <HD>Internal Revenue Service</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Dividend Equivalents from Sources within the United States; Amendment Correction,</DOC>
          <PGS>53141</PGS>
          <FRDOCBP D="0" T="31AUR1.sgm">2012-21497</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Art Advisory Panel,</SJDOC>
          <PGS>53255</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21496</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Adm</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Antidumping and Countervailing Duty Orders; Continuations:</SJ>
        <SJDENT>
          <SJDOC>Certain Lined Paper Products from India and the People's Republic of China,</SJDOC>
          <PGS>53172-53174</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21610</FRDOCBP>
        </SJDENT>
        <SJ>Antidumping and Countervailing Duty Orders; Revocations:</SJ>
        <SJDENT>
          <SJDOC>Certain Lined Paper Products from Indonesia,</SJDOC>
          <PGS>53174-53176</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21605</FRDOCBP>
        </SJDENT>
        <SJ>Antidumping Duty Changed Circumstances Reviews; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Cased Pencils From the People's Republic of China,</SJDOC>
          <PGS>53176-53177</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21607</FRDOCBP>
        </SJDENT>
        <SJ>Antidumping Duty Orders:</SJ>
        <SJDENT>
          <SJDOC>Large Power Transformers from the Republic of Korea,</SJDOC>
          <PGS>53177-53178</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21613</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <PRTPAGE P="v"/>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Investigations:</SJ>
        <SJDENT>
          <SJDOC>Renewable Energy and Related Services; Recent Developments; Public Hearings,</SJDOC>
          <PGS>53233-53234</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21492</FRDOCBP>
        </SJDENT>
        <SJ>Investigations; Determinations, Rulings, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Communication Equipment, Components Thereof, and Products Containing the Same, etc.,</SJDOC>
          <PGS>53234-53235</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21491</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Lodgings of Consent Decrees under the Clean Air Act,</DOC>
          <PGS>53235</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21558</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Public Land Orders:</SJ>
        <SJDENT>
          <SJDOC>Partial Revocation, Power Site Reserve No. 109; MT,</SJDOC>
          <PGS>53226</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">C1--2012--18888</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Partial Revocation, South Dakota,</SJDOC>
          <PGS>53226</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">C1--2012--18885</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Legal</EAR>
      <HD>Legal Services Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>53235-53236</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21611</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Scientific Review,</SJDOC>
          <PGS>53205-53206</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21501</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Allergy and Infectious Diseases,</SJDOC>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21502</FRDOCBP>
          <PGS>53206-53207</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21503</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Diabetes and Digestive and Kidney Diseases,</SJDOC>
          <PGS>53208</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21504</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute on Aging,</SJDOC>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21505</FRDOCBP>
          <PGS>53207-53208</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21506</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Atlantic Highly Migratory Species:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Bluefin Tuna Fisheries; Inseason General Category Retention Limit Adjustment,</SJDOC>
          <PGS>53150-53152</PGS>
          <FRDOCBP D="2" T="31AUR1.sgm">2012-21579</FRDOCBP>
        </SJDENT>
        <SJ>Fisheries of the Exclusive Economic Zone Off Alaska:</SJ>
        <SJDENT>
          <SJDOC>Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area,</SJDOC>
          <PGS>53152-53153</PGS>
          <FRDOCBP D="1" T="31AUR1.sgm">2012-21582</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Fisheries of the Northeastern United States:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Surfclam and Ocean Quahog Fishery,</SJDOC>
          <PGS>53164-53167</PGS>
          <FRDOCBP D="3" T="31AUP1.sgm">2012-21586</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>New England Fishery Management Council,</SJDOC>
          <PGS>53178</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21551</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>North Pacific Fishery Management Council,</SJDOC>
          <PGS>53179</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21559</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Pacific Fishery Management Council,</SJDOC>
          <PGS>53179</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21553</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Susquehanna to Roseland 500-kilovolt Transmission Line, Appalachian National Scenic Trail, etc.,</SJDOC>
          <PGS>53226-53227</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-20697</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Acadia National Park Advisory Commission,</SJDOC>
          <PGS>53229</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21575</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Cedar Creek and Belle Grove National Historical Park Advisory Commission,</SJDOC>
          <PGS>53227-53228</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21565</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Concessions Management Advisory Board,</SJDOC>
          <PGS>53229-53230</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21562</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Landmarks Committee of the National Park System Advisory Board,</SJDOC>
          <PGS>53230-53231</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21466</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Native American Graves Protection and Repatriation Review Committee,</SJDOC>
          <PGS>53228-53229</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21614</FRDOCBP>
        </SJDENT>
        <SJ>National Register of Historic Places:</SJ>
        <SJDENT>
          <SJDOC>Pending Nominations and Related Actions,</SJDOC>
          <PGS>53231</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21600</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Science</EAR>
      <HD>National Science Foundation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Antarctic Conservation Act Permit Applications,</DOC>
          <PGS>53236</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21604</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>Proposed Renewal of Chocolate Mountain Aerial Gunnery Range Land Withdrawal, CA; Meetings,</SJDOC>
          <PGS>53189-53191</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21465</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Neighborhood</EAR>
      <HD>Neighborhood Reinvestment Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>53236</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21737</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Proposed International Isotopes Fluorine Extraction Process and Depleted Uranium Deconversion Plant, Lea County, NM,</SJDOC>
          <PGS>53236-53237</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21486</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Personnel</EAR>
      <HD>Personnel Management Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Freedom of Information/Privacy Act, Record Request Form,</SJDOC>
          <PGS>53237-53238</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21581</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Postal Regulatory</EAR>
      <HD>Postal Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>53238</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21667</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Reclamation</EAR>
      <HD>Reclamation Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Odessa Subarea Special Study, Columbia Basin Project, Adams, Franklin, Grant, and Lincoln Counties, WA,</SJDOC>
          <PGS>53231-53233</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21572</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Rural Business</EAR>
      <HD>Rural Business-Cooperative Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>53170-53171</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21597</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>53238-53239</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21487</FRDOCBP>
        </DOCENT>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>BATS Y-Exchange, Inc.,</SJDOC>
          <PGS>53242-53247</PGS>
          <FRDOCBP D="5" T="31AUN1.sgm">2012-21592</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE Arca, Inc.,</SJDOC>
          <PGS>53239-53241</PGS>
          <FRDOCBP D="2" T="31AUN1.sgm">2012-21493</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Options Clearing Corp.,</SJDOC>
          <PGS>53241-53242</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21494</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>Oklahoma,</SJDOC>
          <PGS>53247-53248</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21529</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>State Department</EAR>
      <HD>State Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Culturally Significant Objects Imported for Exhibition:</SJ>
        <SJDENT>
          <SJDOC>Mantegna to Matisse, Master Drawings from Courtauld Gallery,</SJDOC>
          <PGS>53248</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21569</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Swiss Treasures, from Biblical Papyrus and Parchment to Erasmus, Zwingli, Calvin, and Barth,</SJDOC>
          <PGS>53248</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21567</FRDOCBP>
        </SJDENT>
        <PRTPAGE P="vi"/>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>International Telecommunication Advisory Committee,</SJDOC>
          <PGS>53249</PGS>
          <FRDOCBP D="0" T="31AUN1.sgm">2012-21573</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Transportation</EAR>
      <HD>Surface Transportation Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Temporary Trackage Rights Exemptions:</SJ>
        <SJDENT>
          <SJDOC>BNSF Railway Co. to Union Pacific Railroad Co.,</SJDOC>
          <PGS>53254-53255</PGS>
          <FRDOCBP D="1" T="31AUN1.sgm">2012-21578</FRDOCBP>
        </SJDENT>
      </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 Highway Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Railroad 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>Internal Revenue Service</P>
      </SEE>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Health and Human Services Department, Centers for Medicare &amp; Medicaid Services,</DOC>
        <PGS>53258-53750</PGS>
        <FRDOCBP D="492" T="31AUR2.sgm">2012-19079</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Interior Department, Fish and Wildlife Service,</DOC>
        <PGS>53752-53768</PGS>
        <FRDOCBP D="16" T="31AUR3.sgm">2012-21294</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>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>170</NO>
  <DATE>Friday, August 31, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="53141"/>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <CFR>26 CFR Part 1</CFR>
        <DEPDOC>[TD 9572]</DEPDOC>
        <RIN>RIN 1545-BK53</RIN>
        <SUBJECT>Dividend Equivalents From Sources Within the United States</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary regulations; correcting amendment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document amends temporary regulations relating to dividend equivalents for purposes of section 871(m) of the Internal Revenue Code (Code). The regulations affect nonresident aliens and foreign corporations that hold notional principal contracts (NPCs) providing for payments determined by reference to payments of dividends from sources within the United States.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>These regulations are effective August 31, 2012.</P>
          <P>
            <E T="03">Applicability Date:</E>For dates of applicability, see § 1.871-16T(g).</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mark E. Erwin or D. Peter Merkel at (202) 622-3870 (not a toll-free number).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>On January 23, 2012, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published in the<E T="04">Federal Register</E>a temporary regulation and a notice of proposed rulemaking relating to dividend equivalents from sources within the United States.<E T="03">See</E>TD 9572, 77 FR 3108 (Temporary Regulations); REG-120282-10, 77 FR 3202 (Proposed Regulations). Section 871(m)(2) defines the term “dividend equivalent” to include, in part, any payment made pursuant to a specified notional principal contract (specified NPC) that is contingent upon or determined by reference to a U.S. source dividend. Section 871(m)(3)(A) provides a definition for the term specified NPC that is applicable to payments made through March 18, 2012. Section 1.871-16T(b) of the Temporary Regulations provides that the definition of specified NPC contained in paragraphs (i) through (iv) of section 871(m)(3)(A) will apply to payments made after March 18, 2012, and before January 1, 2013. The Proposed Regulations provide a different definition of specified NPC that would apply to payments made on or after January 1, 2013.</P>
        <HD SOURCE="HD1">Explanation of Provisions</HD>
        <P>Treasury and the IRS received numerous comments on the Proposed Regulations, stating that the proposed effective date of January 1, 2013, would not allow taxpayers sufficient time to build and test the systems required to implement the withholding rules for specified NPCs and equity-linked instruments. In response to these comments, this document amends § 1.871-16T(b) of the Temporary Regulations so that the definition of a specified NPC contained in paragraphs (i) through (iv) of section 871(m)(3)(A) will apply to payments made after March 18, 2012, and before January 1, 2014. When final regulations are issued adopting the Proposed Regulations, Treasury and the IRS intend that the rules contained in the final regulations will apply to payments made on or after January 1, 2014.</P>
        <P>Treasury and the IRS continue to consider the other public comments made on the Temporary Regulations and the Proposed Regulations.</P>
        <HD SOURCE="HD1">Drafting Information</HD>
        <P>The principal author of these regulations is D. Peter Merkel, the Office of Associate Chief Counsel (International). Other personnel from Treasury and the IRS participated in their development.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 26 CFR Part 1</HD>
          <P>Income taxes, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Amendments to the Regulations</HD>
        <REGTEXT PART="1" TITLE="26">
          <P>Accordingly, 26 CFR part 1 is amended as follows:</P>
          <PART>
            <HD SOURCE="HED">PART 1—INCOME TAXES</HD>
          </PART>
          <AMDPAR>
            <E T="04">Paragraph 1.</E>The authority citation for part 1 continues to read in part as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>26 U.S.C. 7805 * * *</P>
          </AUTH>
          <EXTRACT>
            <P>Section 1.871-16T also issued under 26 U.S.C. 871(m).</P>
          </EXTRACT>
        </REGTEXT>
        <REGTEXT PART="1" TITLE="26">
          <SECTION>
            <SECTNO>§ 1.871-16T(b)</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>
            <E T="04">Par. 2.</E>Section 1.871-16T(b) is amended by removing the language “2013” and adding the language “2014” in its place wherever it appears.</AMDPAR>
        </REGTEXT>
        <SIG>
          <NAME>Steven T. Miller,</NAME>
          <TITLE>Deputy Commissioner for Services and Enforcement.</TITLE>
          <DATED>Approved: August 16, 2012.</DATED>
          <NAME>Mark J. Mazur,</NAME>
          <TITLE>Assistant Secretary of the Treasury (Tax Policy).</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21497 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 117</CFR>
        <DEPDOC>[Docket No. USCG-2012-0821]</DEPDOC>
        <SUBJECT>Drawbridge Operation Regulation; Columbia River, Vancouver, WA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of temporary deviation from regulations.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard has issued a temporary deviation from the operating schedule that governs the Interstate 5 (I-5) Bridges across the Columbia River, mile 106.5, between Portland, OR and Vancouver, WA. This deviation is necessary to facilitate heavy maintenance on the bridges lift-spans. This deviation allows height-restricted lifts which will reduce the vertical clearance available to vessels transiting beneath the bridges.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This deviation is effective from 7 a.m. on September 15, 2012 through 6 p.m. October 14, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Documents mentioned in this preamble as being available in the docket are part of docket USCG-2012-0821 and are available online by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2012-0821 in the “Keyword”<PRTPAGE P="53142"/>box and then clicking “Search”. They are 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 the Bridge Administrator, Coast Guard Thirteenth District; telephone 206-220-7282 email<E T="03">randall.d.overton@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>
        <P>The Oregon Department of Transportation has requested that the Interstate 5 Bridges which cross the Columbia River at mile 106.5 only be required to lift to a reduced height of 130 feet above Columbia River Datum for a 30 day period. The height restricted lifts are necessary to facilitate heavy maintenance on the bridges lift-spans. The I-5 Bridges cross the Columbia River at mile 106.5 and provide three designated navigation channels with vertical clearances ranging from 39 to 72 feet above Columbia River Datum while the lift spans are in the closed position. Vessels which do not require a full bridge opening may continue to transit beneath the bridges during this maintenance period. Under normal operation the bridges are governed by 33 CFR 117.869, which requires that the draws open fully and promptly on signal except that the draws need not open from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday excluding federal holidays. The lift-spans when fully opened provide 178 feet of vertical clearance above Columbia River Datum. This deviation period is from 7 a.m. on September 15, 2012 through 6 p.m. October 14, 2012. The deviation allows the lift spans of the I-5 Bridges across the Columbia River, mile 106.5, to be raised to a reduced height of 130 feet above Columbia River Datum from 7 a.m. on September 15, 2012 through 6 p.m. October 14, 2012. Scaffolding will be attached to the bridge during this maintenance evolution which will restrict the height the lift-spans can be raised. Lift heights greater than 130 feet above Columbia River Datum will not be capable during this maintenance period from September 15, 2012 until October 14, 2012. The bridge shall operate in accordance with 33 CFR 117.869 at all other times. Waterway usage on this stretch of the Columbia River includes vessels ranging from commercial tug and tow vessels to recreational pleasure craft. Mariners will be notified and kept informed of the bridge's operational status via the Coast Guard Notice to Mariners publication.</P>
        <P>In accordance with 33 CFR 117.35(e), the drawbridges must return to their regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.</P>
        <SIG>
          <DATED>Dated: August 21, 2012.</DATED>
          <NAME>Randall D. Overton,</NAME>
          <TITLE>Bridge Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21535 Filed 8-30-12; 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 Part 165</CFR>
        <DEPDOC>[Docket No. USCG-2012-0814]</DEPDOC>
        <RIN>RIN 1625-AA00</RIN>
        <SUBJECT>Safety Zone; Cleveland National Air Show, Cleveland, OH</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 a temporary safety zone on Lake Erie and Cleveland Harbor at Burke Lakefront Airport, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie and Cleveland Harbor (near Burke Lakefront Airport). This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial insertions and aircraft maneuvers.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective from 11:30 a.m. on August 30, 2012, until 6:00 p.m. on September 3, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Documents mentioned in this preamble are part of docket [USCG-2012-0814]. To view documents mentioned in this preamble as being available in the docket, go to<E T="03">http://www.regulations.gov,</E>type the docket number in the “SEARCH” box and click “SEARCH.” You may visit the Docket Management Facility, 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 LT Christopher Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email<E T="03">SectorBuffaloMarineSafety@uscg.mil.</E>If you have questions on viewing or submitting material to 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">Table of Acronyms</HD>
        <EXTRACT>
          <FP SOURCE="FP1-2">DHSDepartment of Homeland Security</FP>
          <FP SOURCE="FP1-2">FRFederal Register</FP>
          <FP SOURCE="FP1-2">NPRMNotice of Proposed Rulemaking</FP>
        </EXTRACT>
        <HD SOURCE="HD1">A. Regulatory History and Information</HD>
        <P>The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with aerial insertions and aircraft maneuvering, which are discussed further below.</P>

        <P>Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the<E T="04">Federal Register</E>. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest.</P>
        <HD SOURCE="HD1">B. Basis and Purpose</HD>

        <P>The Cleveland National Air Show has been taking place annually since 1964. During the 2012 show, as with shows in the past, there will be various high speed aerial and military tactical demonstrations on and over Burke Lakefront to include various maneuvers by U.S. Navy Blue Angels and civilian aircraft and by personnel on the Burke<PRTPAGE P="53143"/>Lakefront Airport grounds. Specifically, this year's aerial and military tactical demonstrations will take place between 11:30 a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1, 2012 through September 3, 2012. A heavy amount of recreational boating traffic is expected for these demonstrations. The Captain of the Port Buffalo has determined that the maneuvers combined with a high concentration of recreational vessels will create significant risks for the boating public.</P>
        <HD SOURCE="HD1">C. Discussion of Final Rule</HD>
        <P>With the aforementioned risks in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of participants and the boating public during the Marine Event. This safety zone will be effective from 11:30 a.m. on August 30, 2012 until 6:00 p.m. on September 3, 2012. It will only be enforced, however, from 11:30 a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1 through 3, 2012.</P>
        <P>The safety zone will encompass a portion of Lake Erie and Cleveland Harbor near Burke Lakefront Airport from position 41°30′20″ N and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, to 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N and 081°39′24″ W, then return to the original position (NAD 83).</P>
        <P>All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene Patrol Commander (PATCOM). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. Only state, federal, and local vessels will be allowed in the safety zone. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.</P>
        <HD SOURCE="HD1">D. 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 and executive orders.</P>
        <HD SOURCE="HD2">1. 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. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.</P>
        <HD SOURCE="HD2">2. Impact on 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.</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.</P>
        <P>This temporary final rule may affect the following entities, some of which might be small entities: The owners of operators of vessels intending to transit or anchor in a portion of Lake Erie and Cleveland Harbor from 11:30 a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1 through 3, 2012.</P>
        <P>This safety zone 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 approximately ten hours each day in an area with low commercial vessel traffic. Also, in the event that this temporary safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Buffalo to transit through the safety zone. Additionally, the Coast Guard will give advanced notice to the public via a local Broadcast Notice to Mariners that the regulation is in effect. Moreover, the COTP will suspend enforcement of the safety zone if the event for which the zone is established ends earlier than the expected time.</P>
        <HD SOURCE="HD2">3. 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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section, above.</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="HD2">4. Collection of Information</HD>
        <P>This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
        <HD SOURCE="HD2">5. 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="HD2">6. 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 INTFORMATION 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="HD2">7. 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<PRTPAGE P="53144"/>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="HD2">8. 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="HD2">9. 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="HD2">10. 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="HD2">11. 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="HD2">12. 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="HD2">13. 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="HD2">14. 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 determined that 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 involves the establishment of a safety zone, and therefore, it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A final environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under<E T="02">ADDRESSES</E>. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
          <P>Harbors, Marine Safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows:</P>
        <REGTEXT PART="165" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 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>2. Add § 165.T09-0814 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 165.T09-0814</SECTNO>
            <SUBJECT>Safety Zone; Cleveland National Air Show, Cleveland, OH.</SUBJECT>
            <P>(a)<E T="03">Location.</E>The safety zone will encompass a portion of Lake Erie and Cleveland Harbor near Burke Lakefront Airport from position 41°30′20″ N and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, to 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N and 081°39′24″ W, then return to the original position (NAD 83).</P>
            <P>(b)<E T="03">Enforcement Period.</E>This regulation will be enforced from 11:30 a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1 through 3, 2012.</P>
            <P>(c)<E T="03">Regulations.</E>(1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.</P>
            <P>(2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.</P>
            <P>(3) The “on-scene representative” of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf.</P>
            <P>(4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: August 22, 2012.</DATED>
          <NAME>S.M. Wischmann,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Captain of the Port Buffalo.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21532 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 180</CFR>
        <DEPDOC>[EPA-HQ-OPP-2012-0116; FRL-9338-2]</DEPDOC>
        <SUBJECT>Nitric Acid; Exemption From the Requirement of a Tolerance</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 an exemption from the requirement of a tolerance for residues of nitric acid (CAS Reg. No. 7697-37-2) when used as an inert ingredient in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 1,000 parts per million (ppm). Ecolab Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of nitric acid.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>This regulation is effective August 31, 2012. Objections and requests for hearings must be received on or before October 30, 2012, and must be filed in accordance with the instructions provided in 40 CFR part<PRTPAGE P="53145"/>178 (see also Unit I.C. of the<E T="02">SUPPLEMENTARY INFORMATION</E>).</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2012-0116, is available at<E T="03">http://www.regulations.gov</E>or at the OPP Docket in the Environmental Protection Agency Docket Center (EPA/DC), located in EPA West, Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at<E T="03">http://www.epa.gov/dockets.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Lisa Austin, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 305-7894; email address:<E T="03">austin.lisa@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:</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>
        <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 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>
        </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-2012-0116 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 received by the Hearing Clerk on or before October 30, 2012<E T="03">.</E>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-2012-0116, by one of the following methods:</P>
        <P>
          <E T="03">• Federal eRulemaking Portal: http://www.regulations.gov.</E>Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.</P>
        <P>•<E T="03">Mail:</E>OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.</P>
        <P>•<E T="03">Hand Delivery:</E>To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at<E T="03">http://www.epa.gov/dockets/contacts.htm.</E>
        </P>
        <HD SOURCE="HD1">II. Petition for Exemption</HD>
        <P>In the<E T="04">Federal Register</E>of April 7, 2000 (65 FR 18324) (FRL-6499-7), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP 9E6029) by Ecolab Inc., 370 N. Wabasha Street, St. Paul, MN 55102. The petition requested that 40 CFR 180.940 be amended by establishing an exemption from the requirement of a tolerance for residues of nitric acid (CAS Reg. No. 7697-37-2) when used as an inert ingredient in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 1,000 parts per million (ppm). That notice referenced a summary of the petition prepared by Ecolab Inc., the petitioner, which is available in the docket,<E T="03">http://www.regulations.gov.</E>There were no comments received in response to the notice of filing.</P>
        <HD SOURCE="HD1">III. Inert Ingredient Definition</HD>
        <P>Inert ingredients are all ingredients that are not active ingredients as defined in 40 CFR 153.125 and include, but are not limited to, the following types of ingredients (except when they have a pesticidal efficacy of their own): Solvents such as alcohols and hydrocarbons; surfactants such as polyoxyethylene polymers and fatty acids; carriers such as clay and diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term “inert” is not intended to imply nontoxicity; the ingredient may or may not be chemically active. Generally, EPA has exempted inert ingredients from the requirement of a tolerance based on the low toxicity of the individual inert ingredients.</P>
        <HD SOURCE="HD1">IV. Aggregate Risk Assessment and Determination of Safety</HD>
        <P>Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for 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>EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be clearly demonstrated that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that<PRTPAGE P="53146"/>occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.</P>
        <P>Consistent with section 408(c)(2)(A) of FFDCA, and the factors specified in FFDCA section 408(c)(2)(B), 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 nitric acid including exposure resulting from the exemption established by this action. EPA's assessment of exposures and risks associated with nitric acid follows.</P>
        <HD SOURCE="HD2">A. Toxicological Profile</HD>
        <P>EPA has evaluated the available toxicity data and considered their 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. Specific information on the studies received and the nature of the adverse effects caused by nitric acid as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in this unit.</P>
        <P>Nitric acid is a highly corrosive inorganic acid. In a concentrated form, nitric acid is corrosive at the site of contact and does not elicit systemic toxicity. Acute dermal and eye exposures to concentrated forms of nitric acid can result in skin burns and irreversible eye corrosion. Acute inhalation exposure to nitric acid can result in severe respiratory irritation followed by pulmonary edema. Acute ingestion of nitric acid may result in ulceration, hemorrhage and perforation of the esophagus and stomach.</P>
        <P>The U.S. Occupational Safety and Health Administration (OSHA) Permissible Exposure Limit (PEL) for nitric acid as well as the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV) for nitric acid is 2 ppm (5 milligrams/meter (mg/m<SU>3</SU>)).</P>

        <P>While there are no data on the toxicity of dilute forms of nitric acid following oral exposure, the toxicity of dilute nitric acid would be expected to be comparable to the toxicity of the NO<E T="52">3</E>- anion known as nitrate.</P>
        <P>
          <E T="03">Sodium nitrate.</E>Several studies were available for sodium nitrate. These studies included a 6-week oral toxicity range-finding study, chronic/carcinogenicity studies in rodents and a 2-generation toxicity study in rabbits. In a 6-week oral toxicity study in F344 rats, sodium nitrate was administered in the diet. Signs of toxicity were manifested as decreased body weight gain at<E T="03">≥</E>5% (approximately 2,500 milligrams/kilograms/day (mg/kg/day)). In the International Agency for Research On Cancer (IARC) Monographs on the Evaluation of Carcinogenic Risks to Humans (Vol 94), the carcinogenic potential of sodium nitrate was evaluated in several studies in rodents. In two studies in mice, no evidence of carcinogenic activity of sodium nitrate alone was observed in the drinking water at concentrations up to approximately 5,000 mg/kg/day. In four studies in rats, no increased incidence of tumors was observed when sodium nitrate alone was administered in the drinking water or in the diet at concentrations up to approximately 2,500 mg/kg/day. Therefore, IARC concluded that there is inadequate evidence in humans for the carcinogenicity of nitrate in food or drinking water.</P>
        <P>There were no treatment related effects observed in the 2-generation reproduction study in rabbits. In addition, the Food and Drug Administration (FDA) sponsored several reproductive and developmental studies in rodents, hamsters and rabbits treated with sodium nitrate. No adverse effects were observed in maternal reproductive parameters nor was there fetotoxicity or fetal malformations up to the maximum doses tested in each species (41 mg/kg/day in mice and hamsters and 66 mg/kg/day in rats and rabbits).</P>
        <P>Immunotoxicity studies for nitric acid were not available for review. However, there was no evidence of potential immunotoxicity in any of the submitted studies. Therefore, nitric acid is not expected to be immunotoxic.</P>
        <P>There were three human epidemiological studies available for review. These epidemiological studies reported that cases of infant methemoglobinemia are associated with exposure to nitrate in drinking water. The American Public Health Association (APHA) conducted a survey to identify clinical cases of infantile methemoglobinemia that were associated with ingestion of nitrate-contaminated water. They concluded that greater incidences of methemoglobinemia were observed in infants consuming &gt;1.8 mg/kg/day of sodium nitrate. Methemoglobinemia was not observed in any of the studies where infants consumed water containing less than 1.6 mg/kg/day of sodium nitrate.</P>

        <P>Specific information on the studies received and the nature of the adverse effects caused by nitric acid 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 “Nitric Acid; Human Health Risk Assessment and Ecological Effects Assessment to Support Proposed Exemption from the Requirement of a Tolerance When Used as Inert Ingredients in Pesticide Formulations,” pp. 9-26 in docket ID number EPA-HQ-OPP-2012-0116.</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>The chronic reference dose (cRfD) of 1.6 mg/kg/day and an uncertainty factor of 1X were established based on the results of the American Public Health Association's epidemiology study in infants. The endpoint was based on the concentration of sodium nitrate (1.6 mg/kg/day) in water at which methemoglobinemia was not observed in infants. Data from this study represented the most sensitive endpoint<PRTPAGE P="53147"/>in the most sensitive population; therefore, the standard uncertainty factors were reduced to 1X.</P>
        <P>A summary of the toxicological endpoints for nitric acid used for human risk assessment is shown in the Table of this unit.</P>
        <GPOTABLE CDEF="s50,xl50,xl50,r100" COLS="4" OPTS="L2,i1">
          <TTITLE>Table —Summary of Toxicological Doses and Endpoints for Nitric Acid for Use in Human Risk Assessment</TTITLE>
          <BOXHD>
            <CHED H="1">Exposure/scenario</CHED>
            <CHED H="1">Point of departure and uncertainty/safety factors</CHED>
            <CHED H="1">RfD, PAD, LOC for risk assessment</CHED>
            <CHED H="1">Study and toxicological effects</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Acute dietary (all populations)</ENT>
            <ENT A="L02">There were no effects that could be attributed to a single dose in the database. Therefore, an acute dietary assessment was not necessary.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Chronic dietary (All populations)</ENT>
            <ENT>NOAEL= 1.6 mg/kg/day<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>Chronic RfD = 1.6 mg/kg/day<LI>cPAD = 1.6 mg/kg/day</LI>
            </ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Incidental oral short-term (1 to 30 days)</ENT>
            <ENT>NOAEL= 1.6 mg/kg/day<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Incidental oral intermediate-term (1 to 6 months)</ENT>
            <ENT>NOAEL= 1.6 mg/kg/day<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dermal short-term (1 to 30 days)</ENT>
            <ENT>NOAEL= 1.6 mg/kg/day<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dermal intermediate-term (1 to 6 months)</ENT>
            <ENT>NOAEL= 1.6 mg/kg/day<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Inhalation short-term (1 to 30 days)</ENT>

            <ENT>NOAEL= 1.6 mg/kg/day (inhalation absorption rate = 100%)<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Inhalation (1 to 6 months)</ENT>

            <ENT>NOAEL= 1.6 mg/kg/day (inhalation absorption rate = 100%)<LI>UF<E T="52">A</E>= 1x</LI>
              <LI>UF<E T="52">H</E>= 1x</LI>
              <LI>FQPA SF = 1x</LI>
            </ENT>
            <ENT>LOC for MOE = 1</ENT>
            <ENT>APHA Human Epidemiological Survey LOAEL = 1.8-3.2 mg/kg/day based on early clinical signs of methemoglobinemia in excess of 10% in 0-3 months old infants.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cancer (Oral, dermal, inhalation)</ENT>
            <ENT A="L02">Not likely to be carcinogenic based on the lack of evidence of carcinogenicity in the submitted studies.</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). UF<E T="52">L</E>= use of a LOAEL to extrapolate a NOAEL. UF<E T="52">S</E>= use of a short-term study for long-term risk assessment. UF<E T="52">DB</E>= to account for the absence of data or other data deficiency. FQPA SF = Food Quality Protection Act Safety Factor. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. MOE = margin of exposure. LOC = level of concern.</TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD2">C. Exposure Assessment</HD>
        <P>In evaluating dietary exposure to nitric acid, EPA considered exposure under the petitioned-for exemption from the requirement of a tolerance. EPA assessed dietary exposures from nitric acid in food as follows:</P>
        <P>The requested exemption from the requirement of a tolerance for the use of nitric acid could allow for uses in food contact surface sanitizing solutions in which residues of nitric acid could migrate to food or otherwise be ingested.</P>
        <P>1.<E T="03">Dietary exposure from food and feed uses.</E>In evaluating dietary exposure to nitric acid, EPA considered exposure under the proposed exemption from the requirement of a tolerance. In the absence of actual dietary exposure data resulting from this use, the EPA has utilized a conservative, health-protective method of estimating dietary intake that is based upon conservative assumptions related to the amount of residues that can be transferred to foods as a result of the proposed use of nitric acid in food contact sanitizing pesticide products. This same methodology has been utilized by EPA in estimating dietary exposures to antimicrobial pesticides used in food-handling settings. A complete description of the approach used to assess dietary exposures resulting from food contact sanitizing solution uses of nitric acid can be found at<E T="03">http://www.regulations.gov</E>in document “Nitric Acid; Human Health Risk Assessment and Ecological Effects Assessment to Support Proposed Exemption from the Requirement of a Tolerance When Used as Inert Ingredients in Pesticide Formulations,” pp. 9-26 in docket ID number EPA-HQ-OPP-2012-0116.</P>
        <P>EPA assessed dietary exposures from nitric acid in food as follows:</P>
        <P>i.<E T="03">Acute exposure.</E>No adverse effects attributable to a single exposure of nitric acid were seen in the toxicity databases. Therefore, an acute dietary exposure assessment for nitric acid is not necessary.</P>
        <P>ii.<E T="03">Chronic exposure.</E>In conducting the chronic dietary exposure assessment, the Agency believes the assumptions used to estimate chronic dietary exposures lead to an extremely conservative assessment of chronic dietary risk due to a series of compounded conservatisms. First, when a surface is treated with a disinfectant, a quantity of the disinfectant remains on the surface (Residual Solution). In the absence of any other data, EPA has used<PRTPAGE P="53148"/>an estimated worst-case concentration of 1 mg of solution per square centimeter (cm) of treated surface area for this quantity.</P>
        <P>Second, the conservatism of this methodology is compounded by EPA's decision to assume a worst case scenario that all food that an individual consumes will come into contact with 4,000 cm<SU>2</SU>of sanitized non-porous food-contact surfaces. This contact area represents all the surface area from silverware, china, and glass used by a person who regularly eats three meals per day at an institutional or public facility. The surface area of counter tops that comes in contact with food is expected to be smaller than the surface area for food utensils. As a conservative estimate, EPA assumed that 2,000 cm<SU>2</SU>of treated counter top surface area, comes into contact with an individual's food per day.</P>
        <P>Third, EPA assumes that 100% of the material present on food contact surfaces will migrate to food.</P>
        <P>iii.<E T="03">Cancer.</E>Sodium nitrate did not cause an increase in tumors in rodents at doses up to 2,500 mg/kg/day. Therefore, based on the weight of evidence, nitric acid is not likely to cause cancer in humans and a cancer dietary exposure assessment is not necessary to assess cancer risk.</P>
        <P>2.<E T="03">Dietary exposure from drinking water.</E>The proposed use of nitric acid will not result in its presence in surface water or ground water and therefore not contribute to dietary exposure.</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., textiles (clothing and diapers), carpets, swimming pools, and hard surface disinfection on walls, floors, tables).</P>
        <P>Nitric acid is not used as an inert ingredient in pesticide products that are registered for specific uses that may result in both indoor and outdoor residential exposures. Therefore, a residential exposure and risk assessment was not conducted for nitric acid.</P>
        <P>4.<E T="03">Cumulative effects from substances with a common mechanism of toxicity.</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 nitric acid to share a common mechanism of toxicity with any other substances, and nitric acid does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that nitric acid 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 Food Quality Protection Act (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>There is no concern for fetal susceptibility. There were no treatment related effects observed in the 2-generation reproduction study in rabbits. Also, the FDA sponsored several reproductive and developmental studies in rodents, hamsters and rabbits treated with sodium nitrate. No adverse effects were observed in maternal reproductive parameters nor was there fetotoxicity or fetal malformations up to the maximum doses tested in each species (41 mg/kg/day in mice and hamsters and 66 mg/kg/day in rats and rabbits). Fetal susceptibility was not observed in these any of these studies. Therefore, there are no concerns for residual uncertainties concerning prenatal and postnatal toxicity.</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 nitric acid is adequate as it is based on the use of sodium nitrate data for which there is a robust toxicity database. The NOAEL used for risk assessment was derived from the critical toxic effect in the most sensitive human subpopulation (infants age 8 days to 5 months).</P>
        <P>ii. There is no indication that nitric acid is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.</P>
        <P>iii. There is no indication that nitric acid is a immunotoxic chemical and there is no need additional UFs to account for immunotoxicity.</P>

        <P>iv. There is no evidence that nitric acid results in increased susceptibility in<E T="03">in utero</E>rodents. Several reproductive and developmental studies in rodents, hamsters and rabbits showed no evidence of increased fetal susceptibility at doses as high as 41 mg/kg/day in mice and hamsters and 66 mg/kg/day in rats and rabbits. Further, although effects in infants were found in an epidemiological study, the cRfD (1.6 mg/kg/day) is based on a clear NOAEL established in that study.</P>
        <P>v. There are no residual uncertainties identified in the exposure databases. EPA made conservative (protective) assumptions regarding dietary exposure to nitric acid. This assessment will not underestimate the exposure and risks posed by nitric acid.</P>
        <HD SOURCE="HD2">E. Aggregate Risks and Determination of Safety</HD>
        <P>EPA determines whether acute and chronic pesticide exposures are safe by comparing aggregate exposure estimates to the aPAD and cPAD. The aPAD and cPAD represent the highest safe exposures, taking into account all appropriate SFs. EPA calculates the aPAD and cPAD by dividing the POD by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases 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 POD to ensure that the MOE called for by the product of all applicable UFs is not exceeded.</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, nitric acid 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 nitric acid from dietary exposure will utilize 24% of the cPAD for children 1-2 years old, the population group receiving the greatest exposure. There are no residential uses for nitric acid.<PRTPAGE P="53149"/>
        </P>
        <P>3.<E T="03">Short-term risk.</E>Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level).</P>
        <P>Because no short-term adverse effect was identified, nitric acid is not expected to pose a short-term risk.</P>
        <P>4.<E T="03">Intermediate-term risk.</E>Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level).</P>
        <P>Because no intermediate-term adverse effect was identified, nitric acid is not expected to pose an intermediate-term risk.</P>
        <P>5.<E T="03">Aggregate cancer risk for U.S. population.</E>Based on the lack of evidence of carcinogenicity in adequate rodent carcinogenicity studies, nitric acid is not expected to pose a cancer risk to humans.</P>
        <P>6.<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 nitric acid residues under reasonably foreseeable circumstances. Therefore, the establishment of an exemption from tolerance under 40 CFR 180.940(a) for residues of nitric acid when used as an inert ingredient in pesticide formulations applied to food-contact surfaces in public eating places, dairy processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 1,000 ppm, is safe under FFDCA section 408.</P>
        <HD SOURCE="HD1">V. Other Considerations</HD>
        <HD SOURCE="HD2">A. Analytical Enforcement Methodology</HD>
        <P>An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation.</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.</P>
        <P>The Codex has not established a MRL for nitric acid.</P>
        <HD SOURCE="HD1">VI. Conclusions</HD>
        <P>Therefore, an exemption from the requirement of a tolerance is established under 40 CFR 180.940(a) for nitric acid (CAS No. 7697-37-2) when used as an inert ingredient in pesticide formulations applied to food-contact surfaces in public eating places, dairy processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 1,000 ppm.</P>
        <HD SOURCE="HD1">VII. Statutory and Executive Order Reviews</HD>

        <P>This final rule establishes a tolerance 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">VIII. 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 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: August 17, 2012.</DATED>
          <NAME>Lois Rossi,</NAME>
          <TITLE>Director, Registration Division, Office of Pesticide Programs.</TITLE>
        </SIG>
        <AMDPAR>Therefore, 40 CFR chapter I is amended as follows:</AMDPAR>
        <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>
            <PRTPAGE P="53150"/>
            <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. In § 180.940(a), the table is amended by adding alphabetically the following inert ingredient to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 180.940</SECTNO>
            <SUBJECT>Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food-contact surface sanitizing solutions).</SUBJECT>
            <STARS/>
            <P>(a) * * *</P>
            <GPOTABLE CDEF="s50,12,r100" COLS="3" OPTS="L1,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Pesticide chemical</CHED>
                <CHED H="1">CAS Reg. No.</CHED>
                <CHED H="1">Limits</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Nitric acid</ENT>
                <ENT>7697-37-2</ENT>
                <ENT>When ready for use, the end-use concentration is not to exceed 1,000 ppm.</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT I="28">*******</ENT>
              </ROW>
            </GPOTABLE>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21354 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 635</CFR>
        <DEPDOC>[Docket No. 120306154-2241-02]</DEPDOC>
        <RIN>RIN 0648-XC162</RIN>
        <SUBJECT>Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries</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>Temporary rule; inseason General category retention limit adjustment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NMFS is adjusting the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit from one to three large medium or giant BFT for the September, October, November, and December time periods of the 2012 fishing year, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category permitted vessels and to Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective September 1, 2012, through December 31, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Sarah McLaughlin or Brad McHale, 978-281-9260.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971<E T="03">et seq.</E>) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801<E T="03">et seq.</E>) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic HMS Fishery Management Plan (Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota.</P>
        <P>The 2010 ICCAT recommendation regarding western BFT management resulted in baseline U.S. quotas for 2011 and for 2012 of 923.7 mt (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). The 2011 BFT quota rule (76 FR 39019, July 5, 2011) established a quota of 435.1 mt for the General category fishery (the commercial tunas fishery in which handgear is used). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. Through a November 2011 final rule implementing adjustments to the BFT General and Harpoon category regulations (76 FR 74003, November 30, 2011), the January BFT fishery may remain open until the January subquota is reached or March 31 (whichever happens first). Consistent with the allocation scheme established in the Consolidated HMS FMP and implementing regulations, the baseline category subquotas were established in the 2011 BFT quota rule as follows: 23.1 mt for January; 217.6 mt for June through August; 115.3 mt for September; 56.6 mt for October through November; and 22.6 mt for January. Although NMFS published quota specifications for 2012 (77 FR 44161, July 27, 2012), the baseline General category quota and subquotas as codified have not changed from the amounts established for the 2011 fishing year.</P>
        <P>Unless changed, the General category daily retention limit starting on September 1 would be the default retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or greater) per vessel per day/trip (§ 635.23(a)(2)). This default retention limit applies to General category permitted vessels and to HMS Charter/Headboat category permitted vessels when fishing commercially for BFT.</P>
        <HD SOURCE="HD1">Adjustment of General Category Daily Retention Limit</HD>
        <P>Under § 635.23(a)(4), NMFS may increase or decrease the daily retention limit of large medium and giant BFT over a range of zero to a maximum of five per vessel based on consideration of the relevant criteria provided under § 635.27(a)(8), which include: The usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the fishery management plan; variations in seasonal BFT distribution, abundance, or migration patterns; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; and review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds. Unused General category quota rolls forward within a fishing year to the subsequent subquota time period, e.g., from the June through August period to the September period, and so on.</P>

        <P>For the 2011 fishing year, NMFS adjusted the General category limit from the default level of one large medium or giant BFT as follows: Two large medium or giant BFT for the January subquota period (75 FR 79309, December 20,<PRTPAGE P="53151"/>2010); three large medium or giant BFT for June through November 5 (76 FR 32086, June 3, 2011; and 76 FR 52886, August 24, 2011); and two large medium or giant BFT for November 6 through December 31, 2011 (76 FR 69137, November 8, 2011). The November 2011 adjustment was in conjunction with an inseason quota transfer of 50 mt from the Reserve category to the General category.</P>
        <P>NMFS adjusted the limit for the 2012 January subquota period from the default level of one large medium or giant BFT to two large medium or giant BFT (76 FR 76900, December 9, 2011). That retention limit was effective from January 1, 2012, until January 22, 2012, when NMFS closed the fishery because the January subquota had been met (77 FR 3637, January 25, 2012). For the June through August 2012 period, NMFS adjusted the limit to three large medium or giant BFT (77 FR 28496, May 15, 2012).</P>
        <P>NMFS has considered the criteria at § 635.27(a)(8) and their applicability to the General category BFT retention limit for the September through December 2012 General category fishery. These considerations include, but are not limited to, the following: Biological samples collected from BFT landed by General category fishermen and provided by BFT dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. As this action would be taken consistent with the quotas previously established and analyzed in the 2011 BFT quotas final rule (76 FR 39019, July 5, 2011), and consistent with objectives of the Consolidated HMS FMP, it is not expected to negatively impact stock health. A principal consideration is the objective of providing opportunities to harvest the full General category quota without exceeding it based upon the Consolidated HMS FMP goal: “Consistent with other objectives of this FMP, to manage Atlantic HMS fisheries for continuing optimum yield so as to provide the greatest overall benefit to the Nation, particularly with respect to food production, providing recreational opportunities, preserving traditional fisheries, and taking into account the protection of marine ecosystems.” Commercial-sized BFT migrated to the fishing grounds off New England by early June and are actively being landed. Lastly, despite the three-fish daily retention limit, 2012 General category landings remain low.</P>
        <P>As of August 14, 2012, 137.3 mt of the 2012 General category quota of 435.1 mt have been landed, and landings rates remain at approximately 1 mt per day. Given the rollover of unused quota from the one time period to the next, current catch rates, and the fact that the daily retention limit will automatically revert to one large medium or giant BFT per vessel per day on September 1, 2012, absent agency action, NMFS anticipates the full 2012 General category quota may not be harvested. However, based on the pattern exhibited over the last few years, NMFS anticipates an increase in both landings of BFT (in number) and average fish weight for the remainder of the year, relative to the same period of 2011, such that a continued three-fish limit may result in higher landings than in previous years.</P>
        <P>A lower retention limit could result in unused quota being added to the later portion of the General category season (i.e., rolling forward to the subsequent subquota time period). Increasing the daily retention limit from the default may mitigate rolling an excessive amount of unused quota from one time period to the next. Increasing the daily limit from three to four or five fish, however, may risk exceeding the available General category quota. As referred to above, by late October 2011, NMFS determined that the General category had reached 95 percent of its 2011 quota of 435.1 mt under the three-fish limit that was in effect. In order to extend fishing opportunities and allow continued collection of biological samples from General category landings throughout the remainder of 2011, NMFS transferred 50 mt of available quota from the Reserve to the General category and reduced the daily retention limit from three to two fish in November 2011 (76 FR 69137, November 8, 2011).</P>
        <P>Based on these considerations, NMFS has determined that a three-fish General category retention limit is warranted. It would provide a reasonable opportunity to harvest the U.S. quota of BFT without exceeding it, while maintaining an equitable distribution of fishing opportunities, help achieve optimum yield in the General category BFT fishery, allow collection of a broad range of data for stock monitoring purposes, and be consistent with the objectives of the Consolidated HMS FMP. Therefore, NMFS increases the General category retention limit from the default limit to three large medium or giant BFT per vessel per day/trip, effective September 1, 2012, through December 31, 2012.</P>
        <P>Regardless of the duration of a fishing trip, the daily retention limit applies upon landing. For example, whether a vessel fishing under the General category limit takes a two-day trip or makes two trips in one day, the daily limit of three fish may not be exceeded upon landing. This General category retention limit is effective in all areas, except for the Gulf of Mexico, and applies to those vessels permitted in the General category, as well as to those HMS Charter/Headboat permitted vessels fishing commercially for BFT.</P>
        <HD SOURCE="HD1">Monitoring and Reporting</HD>
        <P>NMFS will continue to monitor the BFT fishery closely through the mandatory dealer landing reports, which NMFS requires to be submitted within 24 hours of a dealer receiving BFT. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional retention limit adjustments are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas.</P>

        <P>Closures or subsequent adjustments to the daily retention limits, if any, will be published in the<E T="04">Federal Register</E>. In addition, fishermen may call the Atlantic Tunas Information Line at (888) 872-8862 or (978) 281-9260, or access<E T="03">www.hmspermits.gov,</E>for updates on quota monitoring and retention limit adjustments.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons:</P>
        <P>The regulations implementing the Consolidated HMS FMP provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement these retention limits is impracticable as NMFS needs to wait until it has necessary data and information about the fishery before it can select the appropriate retention limit for a time period prescribed by regulation. By the time NMFS has the needed data, implementing the retention limit following a public comment period would preclude fishermen from harvesting BFT that are legally available consistent with all of the regulatory criteria. Analysis of available data shows that the General category BFT retention limits may be increased with minimal risks of exceeding the ICCAT-allocated quota.</P>

        <P>Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category<PRTPAGE P="53152"/>vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day/trip and may exacerbate the problem of low catch rates and quota rollovers. Limited opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the Consolidated HMS FMP. Adjustment of the retention limit needs to be effective September 1, 2012, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen who have access to the fishery only during this time period. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For these reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.</P>
        <P>This action is being taken under 50 CFR 635.23(a)(4) and is exempt from review under Executive Order 12866.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 971<E T="03">et seq.</E>and 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21579 Filed 8-28-12; 4:15 pm]</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 679</CFR>
        <DEPDOC>[Docket No. 111213751-2102-02]</DEPDOC>
        <RIN>RIN 0648-XC202</RIN>
        <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management 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>Temporary rule; reallocation.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NMFS is reallocating the projected unused amounts of Pacific cod from vessels using jig gear, catcher vessels greater than 60 feet (18.3 meters) length overall (LOA) using hook-and-line gear, and catcher vessels using trawl gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2012 total allowable catch of Pacific cod to be harvested.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective August 28, 2012, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Obren Davis, 907-586-7228.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.</P>

        <P>The 2012 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,463 metric tons (mt) as established by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 1,000 mt of the remaining 2012 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(<E T="03">1</E>). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,000 mt of Pacific cod to catcher vessels less than 60 feet (18.3 meters(m)) LOA using hook-and-line or pot gear.</P>

        <P>The 2012 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet LOA using hook-and-line gear in the BSAI is 465 mt as established by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). The Regional Administrator has determined that catcher vessels greater than or equal to 60 feet LOA using hook-and-line gear will not be able to harvest 435 mt of the remaining 2012 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(<E T="03">3</E>). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 435 mt of Pacific cod to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.</P>

        <P>The 2012 Pacific cod total allowable catch specified for catcher vessels using trawl gear in the BSAI is 51,509 mt as established by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). The Regional Administrator has determined that catcher vessels using trawl gear will not be able to harvest 500 mt of the 2012 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(<E T="03">9</E>). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS reallocates 500 mt of Pacific cod from catcher vessels using trawl gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.</P>
        <P>The harvest specifications for Pacific cod included in the final 2012 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012) and inseason adjustment (77 FR 8176, February 14, 2012) are revised as follows: 463 mt for vessels using jig gear, 30 mt for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear, 51,009 mt for vessels using trawl gear, and 8,380 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified from other sectors to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 27, 2012.</P>
        <P>The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.</P>
        <P>This action is required by § 679.20 and is exempt from review under Executive Order 12866.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <PRTPAGE P="53153"/>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21582 Filed 8-28-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>170</NO>
  <DATE>Friday, August 31, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="53154"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0885; Directorate Identifier 2012-NE-18-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Thielert Aircraft Engines GmbH Models TAE 125-02-99 and TAE 125-02-114 Reciprocating 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 all TAE 125-02-99 and TAE 125-02-114 reciprocating engines. This proposed AD was prompted by an in-flight shutdown of an airplane equipped with a TAE 125-02-99 engine. This proposed AD would require inspection of the oil filler plug vent hole at the next scheduled maintenance or within 110 flight hours after the effective date of this AD. If chips are found to be blocking the vent hole, additional corrective action is required before next flight. We are proposing this AD to prevent engine in-flight shutdown or power loss, possibly resulting in reduced control of the airplane.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this proposed AD by October 30, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments by any of the following methods:</P>
          <P>•<E T="03">Federal Rulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov</E>and follow the instructions for sending your comments electronically.</P>
          <P>•<E T="03">Mail:</E>Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.</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>•<E T="03">Fax:</E>202-493-2251.</P>

          <P>For service information identified in this proposed AD, contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-696-2912; email:<E T="03">info@centurion-engines.com.</E>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 Operations office 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 Operations office (phone: 800-647-5527) is the same as the Mail address provided 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>Frederick Zink, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; email:<E T="03">frederick.zink@faa.gov;</E>telephone: 781-238-7779; fax: 781-238-7199.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Comments Invited</HD>

        <P>We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include “Docket No. FAA-2012-0885; Directorate Identifier 2012-NE-18-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 based on 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 with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the<E T="04">Federal Register</E>published on April 11, 2000 (65 FR 19477-78).</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive No. 2012-0112, dated June 22, 2012 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:</P>
        
        <EXTRACT>
          <P>An engine in-flight shutdown has been reported on an aeroplane equipped with a TAE 125-02-99 engine. The results of the investigation showed that this was due to blockage of the gearbox oil filling plug vent hole, which caused pressurisation in the gearbox, resulting in oil leakage and a slipping clutch. This condition, if not corrected, could result in further cases of engine in-flight shutdown and consequent loss of control of the aeroplane.</P>
        </EXTRACT>
        
        <P>Further investigation revealed that the blockage to the oil cap vent was the result of a residual chip from machining the oil cap vent hole. The chip is from the manufacturing process and did not fall off the oil plug. This is not the result of material in the oil system causing the blockage. You may obtain further information including the affected gearbox serial number list by examining the MCAI in the AD docket.</P>
        <HD SOURCE="HD1">Relevant Service Information</HD>
        <P>Thielert Aircraft Engines has issued Service Bulletin TM TAE 125-1015 P1, Initial Issue, dated April 27, 2012. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.</P>
        <HD SOURCE="HD1">FAA's Determination and Requirements of This Proposed AD</HD>

        <P>This product has been approved by Germany and is approved for operation in the United States. Pursuant to our bilateral agreement with Germany, EASA has notified us of the unsafe condition described in the MCAI and<PRTPAGE P="53155"/>service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. The proposed AD would require inspection of the oil filler plug vent hole at the next scheduled maintenance or within 110 flight hours after the effective date of this AD. If chips are found to be blocking the vent hole, additional corrective action is required before next flight.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this proposed AD would affect about 45 engines installed on airplanes of U.S. registry. We also estimate that it would take about 2.5 work-hours per product to comply with this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $30 per engine. Based on these figures, we estimate the cost of the proposed AD to U.S. operators to be $10,913.</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); and</P>
        <P>3. 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 a regulatory 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 adding the following new AD:</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">Thielert Aircraft Engines:</E>Docket No. FAA-2012-0885; Directorate Identifier 2012-NE-18-AD.</FP>
              <HD SOURCE="HD1">(a) Comments Due Date</HD>
              <P>We must receive comments by October 30, 2012.</P>
              <HD SOURCE="HD1">(b) Affected Airworthiness Directives (ADs)</HD>
              <P>None.</P>
              <HD SOURCE="HD1">(c) Applicability</HD>
              <P>This AD applies to all TAE 125-09-99 and TAE 125-02-114 reciprocating engines.</P>
              <HD SOURCE="HD1">(d) Reason</HD>
              <P>This AD was prompted by an in-flight shutdown of an airplane equipped with an TAE 125-02-99 engine. We are issuing this AD to prevent engine in-flight shutdown or power loss, possibly resulting in reduced control of the airplane.</P>
              <HD SOURCE="HD1">(e) Actions and Compliance</HD>
              <P>Unless already done, within 110 flight hours after the effective date of this AD, or at the next scheduled maintenance, do the following.</P>
              <P>(1) Remove the oil filler plug and check for chips blocking the vent hole in accordance with TAE Service Bulletin (S/B) TM TAE 125-1015 P1, Initial Issue, dated April 27, 2012.</P>
              <P>(2) If chips are found during the inspection in paragraph (e)(1) of this AD, disassemble the gearbox and check the radial shaft sealing rings (at the clutch and the propeller shaft) for leakage. If leakage is noted, replace the gearbox before the next flight.</P>
              <HD SOURCE="HD1">(f) Installation Prohibition</HD>
              <P>After the effective date of this AD, do not install a gearbox with an S/N listed in TAE S/B TM TAE 125-1015, Initial Issued, dated April 27, 2012, into any engine unless the oil filler plug has passed the inspection required by paragraph (e)(1) of this AD.</P>
              <HD SOURCE="HD1">(g) Alternative Methods of Compliance (AMOCs)</HD>
              <P>The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19.</P>
              <HD SOURCE="HD1">(h) Related Information</HD>

              <P>(1) For more information about this AD, contact Frederick Zink, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; email:<E T="03">frederick.zink@faa.gov;</E>telephone (781) 238-7779; fax (781) 238-7199.</P>
              <P>(2) Refer to MCAI Airworthiness Directive No. 2012-0112, dated June 22, 2012, and TAE S/B TM TAE 125-1015 P1, Initial Issue, dated April 27, 2012 for related information.</P>

              <P>(3) For service information identified in this AD, contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350, Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-696-2912; email:<E T="03">info@centurion-engines.com.</E>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>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Burlington, Massachusetts, on August 24, 2012.</DATED>
            <NAME>Robert G. Mann,</NAME>
            <TITLE>Acting Manager, Engine &amp; Propeller Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21524 Filed 8-30-12; 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-2011-1222; Directorate Identifier 2010-NM-268-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Supplemental notice of proposed rulemaking (NPRM); reopening of comment period.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That NPRM proposed to require checking the escape slide girt for serviceability, and<PRTPAGE P="53156"/>replacement if necessary; modifying the cable routing provision; replacing the regulator padding; modifying the aspirator orientation; and modifying the valise. That NPRM also proposed to require, for certain airplanes, modifying or replacing the Vespel piston, modifying the pilot valve regulator, installing a new firing cable and safety pin, and modifying the slide valise. That NPRM was prompted by reports of escape slides failing to deploy from the forward and aft right-hand doors during scheduled maintenance slide deployments. This action revises that NPRM by adding airplanes to the applicability of that NPRM and specifying revised service information. We are proposing this supplemental NPRM to prevent failure of an escape slide to deploy, which could result in the slide being unusable during an emergency evacuation and increased likelihood of injury to passengers or crewmembers due to the difficulty in evacuating the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this supplemental NPRM by October 15, 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>U.S. Department of Transportation, Docket Operations, M-30, 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>

          <P>For service information identified in this proposed AD, contact Goodrich Corporation, Aircraft Interior Products, Attn: Technical Publications, 3414 South Fifth Street, Phoenix, Arizona 85040; phone: 602-243-2270; Internet:<E T="03">http://www.goodrich.com/TechPubs.</E>You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221.</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>Sarah Piccola, Aerospace Engineer, Cabin Safety &amp; Environmental Systems Branch, ANM-150S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6483; fax: 425-917-6590; email:<E T="03">sarah.piccola@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 proposed AD. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include “Docket No. FAA-2011-1222; Directorate Identifier 2010-NM-268-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 issued an NPRM to amend 14 CFR part 39 to include an AD that would apply to The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That NPRM published in the<E T="04">Federal Register</E>on November 8, 2011 (76 FR 69159). That NPRM proposed to require checking the escape slide girt for serviceability and replacement if necessary, modifying the cable routing provision, the aspirator orientation, the valise, and replacing the regulator padding. That NPRM also proposed to require, for certain airplanes, modifying or replacing the Vespel piston, modifying the pilot valve regulator, modifying the slide valise, and installing a new firing cable and safety pin.</P>
        <HD SOURCE="HD1">Actions Since Previous NPRM (76 FR 69159, November 8, 2011) Was Issued</HD>
        <P>Since we issued the previous NPRM (76 FR 69159, November 8, 2011), new service information has been issued that provides clarifications and minor corrections, and adds data. Additionally, an error was discovered in the part numbers (P/Ns) specified in paragraph (c), “Applicability,” of that NPRM. The specification of “P/N 5A3307-1, -3, -5, or -301, S/N BNG0001 through BNG5707 inclusive,” is incorrect. The part number should have read “P/N 5A3307-1, -3, -5, or -301, S/N BNG0001 through BNG14499 inclusive.” We have changed the supplemental NPRM in this regard.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>We gave the public the opportunity to comment on the previous NPRM (76 FR 69159, November 8, 2011). The following presents the comments received on the NPRM and the FAA's response to each comment.</P>
        <HD SOURCE="HD1">Requests To Use Revised Service Information</HD>
        <P>Boeing, United Airlines (United), and Goodrich Corporation (Goodrich) requested that the previous NPRM (76 FR 69159, November 8, 2011) be changed to incorporate revised service information to ensure that operators are incorporating the most current revision of the service information.</P>

        <P>We agree that current service information should be incorporated into this supplemental NPRM. Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 2012; and Goodrich Service Bulletin 5A3307-25-339, Revision 5, dated May 4, 2012; provide minor corrections, updated pricing, and additional data. The technical content of these documents has not been changed. We have changed paragraphs (g) and (h)(1) of the supplemental NPRM to refer to Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 2012; and Goodrich Service Bulletin 5A3307-25-339, Revision 5, dated May 4, 2012; as applicable. We have changed paragraph (i) of the supplemental NPRM to include credit for modifications of the escape slide done before the effective date of the AD using Goodrich Service Bulletin 5A3307-25-339, Revision 3, dated May 8, 2009; or Revision 4, dated October 1, 2011. Modification of the escape slide specified in Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 2012, consists of modifying the cable routing provision, replacing the<PRTPAGE P="53157"/>regulator padding, modifying the aspirator orientation, and modifying the valise. Modification of the escape slide specified in Goodrich Service Bulletin 5A3307-25-339, Revision 5, dated May 4, 2012, consists of modifying the pilot valve regulator P/N 4A3865-2, -3, or -4, as applicable; installing a new firing cable and safety pin; and modifying the slide valise.</P>
        <HD SOURCE="HD1">Requests To Change Applicability</HD>
        <P>Goodrich, Boeing, United, AirTran Airways (AirTran), and Southwest Airlines (Southwest) requested that we change or clarify the applicability of the pervious NPRM (76 FR 69159, November 8, 2011) to include slide P/N 5A3307-1, -3, -5, or -301, S/Ns BNG0001 through BNG14499 inclusive. Boeing stated that this change “will ensure that all applicable 5A3307 series evacuation slides have been identified for incorporation of the Goodrich Service Bulletin 5A3307-25-389 modifications.”</P>
        <P>We agree that S/Ns BNG0001 through BNG14499 inclusive should be included in the applicability of this supplemental NPRM as explained previously. We have changed paragraph (c) of the supplemental NPRM to include P/N 5A3307-1, -3, -5, or -301, S/N BNG0001 through BNG14499 inclusive.</P>
        <HD SOURCE="HD1">Requests To Remove Slide Part Numbers From the NPRM (76 FR 69159, November 8, 2011)</HD>
        <P>Goodrich, United, and Boeing requested that we remove slide P/N 5A3086-1, -3, or -301, S/Ns B3F001 through B3F611 inclusive; P/N 5A3088-1, -3, or -301, S/Ns B3A001 through B3A685 inclusive; from the NPRM (76 FR 69159, November 8, 2011). Goodrich stated that specification of slide P/N 5A3086-1, -3, or -301, S/Ns B3F001 through B3F611 inclusive; and P/N 5A3088-1, -3, or -301, S/Ns B3A001 through B3A685 inclusive; is inappropriate for the proposed AD, because the unsafe condition that the proposed AD addresses is not an issue for the P/Ns 5A3086 and 5A3088 series slides. Goodrich also stated that the design of the P/Ns 5A3086 and 5A3088 series slides precludes the type of event that has been experienced with the P/N 5A3307 series slides. Goodrich provided detailed information to support its request.</P>
        <P>We agree. Including these additional parts is confusing and is not directly related to the unsafe condition addressed by this supplemental NPRM. We have changed paragraph (c) of the supplemental NPRM to remove slide P/N 5A3086-1, -3, or -301, S/Ns B3F001 through B3F611 inclusive; and P/N 5A3088-1, -3, or -301, S/Ns B3A001 through B3A685 inclusive; from the supplemental NPRM.</P>
        <HD SOURCE="HD1">Request To Remove Girt Check</HD>
        <P>Goodrich requested that the girt check be removed from the previous NPRM (76 FR 69159, November 8, 2011). Goodrich stated that the girt condition was not a causative factor in the unsafe condition described in the previous NPRM. The girt condition check is not a configuration requirement of the slide modification, which addresses the slide nondeployment issue. Rather, the girt condition check is included in the Goodrich service information because it falls under the heading of good general maintenance practice. Goodrich stated that the girt check specified in the Goodrich service information was not a causative factor in the unsafe condition described by the previous NPRM and questions the need for it to be called out in the AD.</P>
        <P>We agree. The girt condition check is not a configuration requirement of the slide modification, which addresses the slide non-deployment issue. We have removed the girt condition check from paragraph (g) of the supplemental NPRM.</P>
        <HD SOURCE="HD1">Requests To Remove Parts Installation Restriction</HD>
        <P>United, American, WestJet, Southwest, Goodrich, and AirTran requested that we remove paragraph (j) of the NPRM (76 FR 69159, November 8, 2011), which prohibits installing certain parts on any airplane after the effective date of the AD. The commenters stated that this prohibition would prevent the use of affected spare slide assemblies (un-modified) during modification of the slide units of the previous NPRM, as well as the removal and reinstallation of the same affected unit on an airplane. The commenters asserted that this requirement could restrict an airline's ability to return an airplane to service due to a shortage of parts.</P>
        <P>Boeing requested that we remove paragraphs (j)(1) and (j)(3) from the previous NPRM (76 FR 69159, November 8, 2011). The P/N 5A3086-1, -3, and -301 evacuation slides; and P/N 5A3088-1, -3, and -301 evacuation slides are not affected by Goodrich Service Bulletin 5A3307-25-389, Revision 1, dated October 1, 2011, which is the subject of the previous NPRM. Boeing stated that, once the evacuation slide has been modified as specified in Goodrich Service Bulletin 5A3307-25-389, Revision 1, dated October 1, 2011, into the new P/N 5A3307-7 configuration, the old regulator and regulator valve padding parts will have been replaced with new parts; therefore, just listing P/N 5A3307-1, -3, -5, and -301 evacuation slides would cover the old regulator and regulator valve padding parts.</P>
        <P>We agree with removing the parts installation restriction, since this prohibition could make it difficult for operators to maintain their airplanes. After the effective date of the AD, if the slides are removed for any reason, this prohibition could lead to an airplane with slides having mixed part numbers. We have removed paragraph (j) from the supplemental NPRM, and redesiginated subsequent paragraphs accordingly.</P>
        <HD SOURCE="HD1">Request To Remove Repeated Wording</HD>
        <P>United requested that we address the need for repeating accomplishment instructions within paragraphs (g) and (h) of the previous NPRM (76 FR 69159, November 8, 2011). United stated that this information is already contained within Goodrich Service Bulletins 5A3307-25-389, Revision 1, dated October 1, 2011; and 5A3307-25-339, Revision 4, dated October 1, 2011; respectively, and by repeating this information, the AD could contain dated information.</P>
        <P>We agree that repeating the specifics of the accomplishment instructions in paragraphs (g) and (h) of the supplemental NPRM is unnecessary in this case. We have changed paragraphs (g) and (h) of the supplemental NPRM to require modifying the escape slide in accordance with the applicable service information. We have described the specifics of modifying the escape slide in paragraphs (g) and (h) of the supplemental NPRM in the previous response under comment “Request to Use Revised Service Information.” No further change is necessary in this regard.</P>
        <HD SOURCE="HD1">Request To Remove Certain Part Numbers</HD>
        <P>United requested that we address repetitive slide part numbers in the previous NPRM (76 FR 69159, November 8, 2011), which have already been subjected to previous AD rulemaking. United stated that including slide part numbers that were subjected to previously issued rulemaking, such as AD 2008-24-08, Amendment 39-15748 (73 FR 72320, November 28, 2008), undermines the rulemaking process and forces operators to demonstrate compliance against certain part numbers for a second time.</P>

        <P>We agree and have removed P/Ns 5A3307-1 and 5A3307-3, which were the subject of previous rulemaking (AD 2008-24-08, Amendment 39-15748 (73<PRTPAGE P="53158"/>FR 72320, November 28, 2008)), from this supplemental NPRM.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are proposing this supplemental NPRM 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. Certain changes described above expand the scope of the original NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this supplemental NPRM.</P>
        <HD SOURCE="HD1">Proposed Requirements of the Supplemental NPRM</HD>
        <P>This supplemental NPRM would require accomplishing the actions specified in the service information described previously.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this proposed AD affects 557 airplanes of U.S. registry.</P>
        <P>We estimate the following costs to comply with this proposed AD:</P>
        <GPOTABLE CDEF="s50,r100,r50,r50,r50" COLS="5" OPTS="L2,i1">
          <TTITLE>Estimated Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Action</CHED>
            <CHED H="1">Labor cost</CHED>
            <CHED H="1">Parts cost</CHED>
            <CHED H="1">Cost per product</CHED>
            <CHED H="1">Cost on U.S.<LI>operators</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Modify girt and valise, and replace padding</ENT>
            <ENT>2 work-hours × $85 per hour = $170</ENT>
            <ENT>$223</ENT>
            <ENT>$393</ENT>
            <ENT>$218,901.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Modify regulator valve, install cable and pin, and modify slide valise</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>Between $1,749 and $1,836</ENT>
            <ENT>Between $1,834 and $1,921</ENT>
            <ENT>Between $1,021,538 and $1,069,997.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Modify Vespel piston</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>$0</ENT>
            <ENT>$85</ENT>
            <ENT>$47,345.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Optional Vespel piston replacement</ENT>
            <ENT>Up to 1 work-hour × $85 per hour = $85</ENT>
            <ENT>Up to $612</ENT>
            <ENT>Up to $697</ENT>
            <ENT>Up to $388,229.</ENT>
          </ROW>
        </GPOTABLE>
        <P>We estimate the following costs to do any necessary replacements that would be required based on the results of the check of the girt. We have no way of determining the number of aircraft that might need these replacements.</P>
        <GPOTABLE CDEF="s100,r100,12C,12C" COLS="4" OPTS="L2,i1">
          <TTITLE>On-Condition Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Action</CHED>
            <CHED H="1">Labor cost</CHED>
            <CHED H="1">Parts cost</CHED>
            <CHED H="1">Cost per<LI>product</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Girt replacement (Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 2012)</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>$942</ENT>
            <ENT>$1,027</ENT>
          </ROW>
        </GPOTABLE>
        <P>According to the parts supplier, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.</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">The Boeing Company:</E>Docket No. FAA-2011-1222; Directorate Identifier 2010-NM-268-AD.</FP>
              <HD SOURCE="HD1">(a) Comments Due Date</HD>
              <P>We must receive comments by October 15, 2012.<PRTPAGE P="53159"/>
              </P>
              <HD SOURCE="HD1">(b) Affected ADs</HD>
              <P>This AD affects AD 2008-24-08, Amendment 39-15748 (73 FR 72320, November 28, 2008).</P>
              <HD SOURCE="HD1">(c) Applicability</HD>
              <P>This AD applies to The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes; certificated in any category; with Goodrich Corporation door escape slide part number (P/N) 5A3307-1, -3, -5, or -301, serial number (S/N) BNG0001 through BNG14499 inclusive.</P>
              <HD SOURCE="HD1">(d) Subject</HD>
              <P>Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 25, Equipment/Furnishings.</P>
              <HD SOURCE="HD1">(e) Unsafe Condition</HD>
              <P>This AD was prompted by reports of escape slides failing to deploy from the forward and aft right-hand doors during scheduled maintenance slide deployments. We are issuing this AD to prevent failure of an escape slide to deploy, which could result in the slide being unusable during an emergency evacuation and increased likelihood of injury to passengers or crewmembers due to the difficulty in evacuating the airplane.</P>
              <HD SOURCE="HD1">(f) Compliance</HD>
              <P>Comply with this AD within the compliance times specified, unless already done.</P>
              <HD SOURCE="HD1">(g) Slide Modification</HD>
              <P>Within 36 months after the effective date of this AD: Modify the escape slide in accordance with the Accomplishment Instructions of Goodrich Service Bulletin 5A3307-25-389, Revision 2, dated May 4, 2012.</P>
              <HD SOURCE="HD1">(h) Concurrent Requirements</HD>
              <P>(1) For slide P/N 5A3307-301: Prior to or concurrently with accomplishing the actions required by paragraph (g) of this AD, modify the escape slide in accordance with the Accomplishment Instructions of Goodrich Service Bulletin 5A3307-25-339, Revision 5, dated May 4, 2012.</P>
              <P>(2) For slide P/N 5A3307-301 or 5A3307-5: Prior to or concurrently with accomplishing the actions required by paragraph (g) of this AD, modify the Vespel piston in the regulator valves, or replace the Vespel piston with a new or serviceable Vespel piston P/N 3A3566-2 or 3A3832-2, as applicable, in accordance with the Accomplishment Instructions of Goodrich Service Bulletin 25-349, Revision 1, dated January 11, 2010.</P>
              <HD SOURCE="HD1">(i) Credit for Previous Actions</HD>
              <P>(1) This paragraph provides credit for the actions required by paragraph (h)(1) of this AD, if those actions were performed before the effective date of this AD using Goodrich Service Bulletin 5A3307-25-339, Revision 1, dated September 26, 2003; Revision 2, dated March 31, 2004; Revision 3, dated May 8, 2009; or Revision 4, dated October 1, 2011; which are not incorporated by reference in this AD.</P>
              <P>(2) This paragraph provides credit for the modification or replacement of the Vespel piston in the regulator valves required by paragraph (h)(2) of this AD, if those actions were performed before the effective date of this AD using Goodrich Service Bulletin 25-349, dated September 15, 2004, which is not incorporated by reference in this AD.</P>
              <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>

              <P>(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to:<E T="03">9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.</E>
              </P>
              <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
              <HD SOURCE="HD1">(k) Related Information</HD>

              <P>(1) For more information about this AD, contact Sarah Piccola, Aerospace Engineer, Cabin Safety &amp; Environmental Systems Branch, ANM-150S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6483; fax: 425-917-6590; email:<E T="03">sarah.piccola@faa.gov.</E>
              </P>

              <P>(2) For service information identified in this AD, contact Goodrich Corporation, Aircraft Interior Products, ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, Arizona 85040; phone: 602-243-2270; Internet:<E T="03">http://www.goodrich.com/TechPubs.</E>You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, the FAA, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221.</P>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on August 24, 2012.</DATED>
            <NAME>Ali Bahrami,</NAME>
            <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21556 Filed 8-30-12; 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 71</CFR>
        <DEPDOC>[Docket No. FAA-2012-0661; Airspace Docket No. 09-AWA-4]</DEPDOC>
        <RIN>RIN 2120-AA66</RIN>
        <SUBJECT>Proposed Amendment to Class B Airspace; Detroit, MI</SUBJECT>
        <HD SOURCE="HD2">Correction</HD>
        <P>In proposed rule document 2012-19902, beginning on page 48476-48491 in the issue of Thursday, August 14, 2012, make the following corrections:</P>
        <P>1. In the first column titled “Area C”, third paragraph, fifth line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>2. In the first column titled “Area C”, third paragraph, eighth line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>3. In the first column titled “Area C”, third paragraph, twenty-second line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>4. In the first column titled “Area C”, third paragraph, twenty-third line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>5. In the second column titled “Area D”, first paragraph, eighth line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>6. In the second column titled “Area D”, first paragraph, eleventh line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>7. In the second column titled “Area E”, first paragraph, twenty-fourth line, “5-mile arc” should read, “15 mile arc.”</P>
        <P>8. In the second column titled “Area E”, first paragraph, twenty-seventh line, “5-mile arc” should read, “15 mile arc.”</P>
        
      </PREAMB>
      <FRDOC>[FR Doc. C1-2012-19902 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Parts 91, 121, 125, and 135</CFR>
        <DEPDOC>[Docket No. FAA-2012-0752]</DEPDOC>
        <SUBJECT>Passenger Use of Portable Electronic Devices on Board Aircraft</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of policy; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The FAA seeks comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs)<PRTPAGE P="53160"/>may be allowed during any phase of flight on their aircraft. Current FAA regulations generally prohibit the use of all PEDs during flight, with the exception of portable voice recorders, hearing aids, heart pacemakers, and electric shavers. These regulations also provide an exception for any other PED that the aircraft operator has determined will not cause interference with the navigation or communication systems on the aircraft. To better effectuate the safety purposes of these regulations, this notice requests comments about key areas of policy and guidance that are used by aircraft operators when making these determinations. It also requests comments about other technical challenges for addressing the problems associated with determining if and when PEDs can be used. The desired outcome of this solicitation is to have sufficient information to allow operators to better assess whether more widespread use of PEDs during flight is appropriate, while maintaining the highest levels of safety to passengers and aircraft. The Agency stresses that the existing regulations allow the operator to authorize the use of PEDs, and that no specific FAA approval is required. The aircraft operator is responsible for assuring that the interference from PEDs does not pose a flight risk. Once all the comments have been collected, the FAA intends to establish an Aviation Rulemaking Committee (ARC) to review the comments and provide recommendations that might permit the more widespread use of PEDs during flight while maintaining the highest levels of safety for the passengers and aircraft. The FCC will be a key partner in this activity working collaboratively with the FAA, airlines, and the manufacturers to explore broader use of PEDS in flight.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be received on or before October 30, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Send comments identified by docket number FAA-2012-0752 using any of the following methods:</P>
          <P>•<E T="03">Email:</E>Submit your comments via email to<E T="03">PEDcomment@faa.gov</E>.</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov</E>and follow the online instructions for sending your comments electronically.</P>
          <P>•<E T="03">Mail:</E>Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.</P>
          <P>•<E T="03">Hand Delivery or Courier:</E>Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
          <P>•<E T="03">Fax:</E>Fax comments to Docket Operations at 202-493-2251.</P>
          <P>
            <E T="03">Privacy:</E>The FAA will post all comments it receives, without change, to<E T="03">http://www.regulations.gov,</E>including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the<E T="04">Federal Register</E>published on April 11, 2000 (65 FR 19477-19478), as well as at<E T="03">http://DocketsInfo.dot.gov.</E>
          </P>
          <P>
            <E T="03">Docket:</E>Background documents or comments received may be read at<E T="03">http://www.regulations.gov</E>at any time. Follow the online instructions for accessing the docket or contact Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, 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>For questions concerning this action, contact Timothy W. Shaver, Avionics Maintenance Branch, Flight Standards Service, AFS-360, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 385-4292; facsimile (202) 385-6474; email<E T="03">tim.shaver@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>We are reviewing the policies, guidance, and procedures that establish the methods and criteria aircraft operators use to determine if they can allow PED usage during flight. The FAA has long recognized that PEDs have the potential for causing interference with aircraft navigation or communication systems. Title 14, Code of Federal Regulations (14 CFR) §§ 91.21, 121.306, 125.204, and 135.144 establish the requirements prohibiting the use of PEDs without the authorization of the aircraft operator.</P>
        <P>The FAA's first published rulemaking<SU>1</SU>
          <FTREF/>to address this issue was in 1966. That rulemaking was prompted after studies of PED interference conducted between 1958 to 1961 concluded that portable frequency modulation (FM) radio receivers caused interference to navigation systems such as very high frequency (VHF) Omni Range (VOR) navigation systems.</P>
        <FTNT>
          <P>
            <SU>1</SU>14 CFR 91.19, Docket No. 7247; Amdt 91-35 (later superseded by §§ 91.21, 121.306, 125.204, and 135.144).</P>
        </FTNT>
        <P>During that rulemaking process, the FAA received comments on the subject of FAA involvement in the authorization of use of PEDs. The public expressed concerns that authorization of devices not specifically excepted in the rule (e.g., portable voice recorders, hearing aids, heart pacemakers, and electric shavers) would subject operators to a considerable amount of “red tape.” In response to those comments, the FAA concluded that the aircraft operators were best suited to make the determination of which PEDs would not cause interference with the navigation or communication system on their aircraft. The FAA also recognized that for it to place requirements upon itself to conduct or verify tests of every conceivable PED, as an alternative to a determination made by the operator, would thereby place an excessive and unnecessary burden on the agency.</P>
        <P>The potential for aircraft interference depends on the aircraft and its electrical and electronic systems, as well as the type of PED being used. Prior to fly-by-wire flight controls, the primary concern was the susceptibility of sensitive aircraft communication and navigation radio receivers to spurious radio frequency emissions from PEDs. Many of these aircraft using this older technology are still in service and are as susceptible today to interference as they were when they first entered service. When aircraft included fly-by-wire controls and electronic displays, the susceptibility of these aircraft systems also became a concern. The FAA defined requirements for high-intensity radiated fields (HIRF) that provide assurance that newer aircraft with such systems have sufficient protection to continue to operate safely when exposed to spurious emissions<SU>2</SU>
          <FTREF/>of PEDs and intentional transmissions<SU>3</SU>
          <FTREF/>from transmitting PEDs. While the highly critical fly-by-wire controls and electronic displays were designed and certified to withstand the fields from transmitting PEDs, all aircraft electrical and electronic systems were not designed to withstand these fields. These newer aircraft still have sensitive navigation, communication, and surveillance radio receivers that may be susceptible at certain frequencies to spurious radio frequency emissions from PEDs.</P>
        <FTNT>
          <P>
            <SU>2</SU>A spurious emission is any radio frequency not deliberately created or transmitted.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>Intentional transmission is the transmission of signals through free space by electromagnetic waves on specific radio frequencies that are used to communicate information between devices.</P>
        </FTNT>
        <PRTPAGE P="53161"/>
        <P>PEDs have changed considerably in the past few decades and output a wide variety of signals. Some devices do not transmit or receive any signals but generate low-power, radio frequency emissions. Other PEDs, such as e-readers, are only active in this manner during the short time that a page is being changed. Of greater concern are intentional transmissions from PEDs. Most portable electronic devices have internet connectivity that includes transmitting and receiving signals wirelessly using radio waves, such as Wi-Fi,<SU>4</SU>
          <FTREF/>Bluetooth,<SU>5</SU>
          <FTREF/>and various other cellular technologies. These devices transmit high-powered emissions and can generate spurious signals at undesired frequencies, particularly if the device is damaged.</P>
        <FTNT>
          <P>
            <SU>4</SU>Wi-Fi is defined as “wireless local area network (WLAN) products that are based on the Institute of Electrical and Electronics Engineers' (IEEE) 802.11 standards.” Wi-Fi is a trademark of the Wi-Fi Alliance.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>Bluetooth is managed by the Bluetooth Special Interest Group (SIG). The SIG is the body that oversees the development of Bluetooth standards and the licensing of the Bluetooth technologies and trademarks to manufacturers. The SIG is a privately held, not-for-profit trade association founded in September 1998.</P>
        </FTNT>
        <P>Avionics equipment has also undergone significant changes. When the regulations were first established, communication and navigations systems were basic systems. In today's avionics, there are various systems—global positioning, traffic collision and avoidance, transponder, automatic flight guidance and control, and many other advanced avionics systems—that depend on signals transmitted from the ground, other aircraft, and satellites for proper operation. In addition, there are advanced flight management systems that use these avionics as a critical component for performing precision operational procedures. Many of these systems are also essential to realize the capabilities and operational improvements envisioned in the Next Generation airspace system. As such, harmful interference from PEDs cannot be tolerated.</P>
        <P>Under FAA regulation, the aircraft operator is responsible for determining which PEDs may be used by the passengers and during which phase of flight this utilization may occur. The aircraft operator is best suited to make the determination of which PEDs would not cause interference with the navigation or communication system on its aircraft. The operators' PED policy determines what types of devices may be used on board their aircraft and during which phase(s) of flight. The responsibility for enforcing an aircraft operator's PED policy typically falls on the cabin crew. On occasion, enforcement of a commercial airline's PED policy results in a conflict between a flight attendant and a passenger. Noncompliance with crewmember safety instructions on the use of PEDs has resulted in passengers being removed from an aircraft and, in some cases, has caused in-flight diversions. The FAA provides oversight of aircraft operators to ensure that they have established and are currently following robust PED-allowance procedures.</P>
        <HD SOURCE="HD1">Policy and Guidance</HD>
        <P>As aircraft and consumer electronics evolved, the FAA recognized that the industry needed assistance to keep up with the challenges of determining if devices would interfere with the aircraft navigation or communication systems. In 1958, at the FAA's request, the first RTCA, Inc., (previously Radio Technical Commission for Aeronautics) documents<SU>6</SU>

          <FTREF/>were written to help airlines make the PED allowance determination. Since that time, the FAA has requested three other activities; the most recent concluded in 2008. The current guidelines to assist aircraft operators in developing their PED policy are in Advisory Circular (AC) 91-21-1B,<E T="03">Use of Portable Electronic Devices Aboard Aircraft,</E>dated August 25, 2006, which references industry-developed guidelines identified in RTCA/DO-233 and RTCA/DO-294.</P>
        <FTNT>
          <P>
            <SU>6</SU>RTCA is a private, not-for-profit corporation that functions as a Federal Advisory Committee for the FAA. It develops consensus-based recommendations regarding communications, navigation, surveillance, and air traffic management (CNS/ATM) system issues. See FAA Order 1110.77T, RTCA Inc. (utilized as an Advisory Committee) (Apr. 1, 2011). The following are RTCA recommendations and guidance documents regarding PEDS:</P>
          <P>DO-307,<E T="03">Aircraft Design and Certification for Portable Electronic Device (PED) Tolerance,</E>issued 10-11-07, and Change 1, issued 12-16-08. Prepared by SC-202.</P>
          <P>DO-294C,<E T="03">Guidance on Allowing Transmitting Portable Electronic Devices (T-PEDs) on Aircraft,</E>issued 12-16-08. Prepared by SC-202.</P>
          <P>DO-233,<E T="03">Portable Electronic Devices Carried on Board Aircraft,</E>issued 8-20-96. Prepared by SC-177. Errata issued 8-18-99.</P>
          <P>DO-199,<E T="03">Potential Interference to Aircraft Electronic Equipment from Devices Carried Aboard,</E>issued 9-16-88. Prepared by SC-156. Supersedes DO-119.</P>
          <P>DO-119,<E T="03">Interference To Aircraft Electronic Equipment From Devices Carried Aboard,</E>issued 9-16-88. Prepared by SC-88.</P>
        </FTNT>
        <P>These joint industry-government committees studied the risks associated with PED usage and are the basis for the FAA's guidance today. For instance, based on these studies, FAA has recommended that operators allowing passenger use of PEDs do so only during non-critical phases of flight and prohibit PED use during takeoff and landing. See AC 91-21-1B. While these recommendations are non-binding, most commercial airlines allow the use of non-transmitting PEDs in flight after the aircraft has reached a safe altitude, and those airlines continue to allow PED usage until near the end of the flight.</P>
        <P>The FAA has also published AC 20-164,<E T="03">Designing and Demonstrating Aircraft Tolerance to Portable Electronic Devices.</E>This AC is based on RTCA/DO-307,<E T="03">Aircraft Design and Certification for Portable Electronic Device (PED) Tolerance,</E>dated October 11, 2007. Further, AC 20-164 provides guidance to demonstrate aircraft electrical and electronic system tolerance to the use of PEDs. This approach allows the aircraft designers to build in protections to help prevent interference to navigation or communication systems.</P>
        <HD SOURCE="HD1">PEDs Today</HD>
        <P>Smart phones, personal computers, and wireless technology have become ingrained in peoples' day-to-day lives. Passengers not only use these devices to remain connected to their work, family, and friends, but also to read books, play games, and accomplish many of their day-to-day tasks. This has naturally led to the passengers' desire to use PEDs from the time they board an aircraft until they exit the aircraft at their destination. In some cases, a transmitting radio is embedded in a PED so that the operation of the transmitter is not apparent to the user. Many of these devices incorporate transmitters such as Bluetooth, Wi-Fi, and cellular phone modems, which may operate without specific actions from the passenger.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>This notice does not address flightcrew member use of PEDs during flight. Section 44732 of Title 49 of the United States Code generally prohibits flightcrew member use of PEDs on the flightdeck while the aircraft is being operated.</P>
        </FTNT>
        <P>While FAA regulations allow aircraft operators to demonstrate when and which PEDs can be safely used, few aircraft operators have allowed use of devices during critical phases of flight (e.g., takeoff and landing). Recognizing that some passengers may wish to use their devices throughout a flight, the FAA is requesting comments regarding the FAA's policies, guidance, and procedures that aircraft operators use to determine whether to allow a particular PED for usage during flight.</P>
        <HD SOURCE="HD1">Request for Information</HD>
        <HD SOURCE="HD2">Considerations for Comment</HD>

        <P>The FAA is interested in obtaining comments related to the use of PEDs on aircraft from the viewpoints of aircraft<PRTPAGE P="53162"/>operators, passengers, and other stakeholders. We are soliciting comments on the following:</P>
        <P>• Aircraft operators' concerns, both technical and operational;</P>
        <P>• Flight attendants' and pilots' concerns;</P>
        <P>• Security concerns;</P>
        <P>• Manufacturers and designers of PEDs;</P>
        <P>• Passenger perspectives; and</P>
        <P>• How the FAA can support the aviation industry in considering how to allow greater use of PEDs.</P>
        <P>The FAA has identified the following specific areas for comments.</P>
        <P>(1)<E T="03">Procedures and methods for operators to allow the use of PEDs.</E>Guidance on the procedures and methods that an operator can use to determine allowance of PEDs is published in AC 91-21-1B. This AC references the industry-developed guidelines of RTCA/DO-233 and RTCA/DO-294C. Those guidelines address testing and analysis procedures for advanced avionics system interference from both transmitting and non-transmitting PEDs.</P>
        <P>• What processes and methods are aircraft operators currently using to evaluate PED technology interference?</P>
        <P>• How can those procedures and methods be improved?</P>
        <P>• Is additional FAA guidance and policy needed?</P>
        
        <FP>One concept is for operators to improve the sharing of test and compatibility data, so that the same compatibility testing could be leveraged to support many aircraft operators. Data concerning PED and aircraft compatibility could be used by the operators to analyze incidents involving PED interference.</FP>
        <P>• Should the industry develop data sharing for this purpose?</P>
        <P>(2)<E T="03">Reliability of aircraft systems.</E>Future aircraft could be manufactured to be immune to the PED environment. To support commercial aircraft operators' authorization of PED use, the FAA has issued AC 20-164 describing criteria for aircraft manufacturers and modifiers to establish PED-tolerance for new and existing aircraft.</P>
        <P>• Is it necessary to establish aircraft certification regulations to require new aircraft to be PED-tolerant?</P>
        
        <FP>In addition, many aircraft systems have already qualified for operation in high intensity radiated field environments.</FP>
        <P>• How can these demonstrations best be leveraged to help an operator allow the use of PEDs?</P>
        <P>(3)<E T="03">Aircraft Immunity to PED Interference.</E>Some aircraft manufacturers and avionics equipment manufacturers have already demonstrated PED and aircraft system compatibility.</P>
        <P>• Should aircraft manufacturers and avionics equipment manufacturers provide documentation of aircraft PED tolerance, aircraft systems that meet RF susceptibility requirements, interference path loss, etc., to the operators to support the operator's PED allowance determination?</P>
        <P>• Should it be mandatory that aircraft manufacturers and modifiers provide this information to the operators for new and modified aircraft?</P>
        <P>(4)<E T="03">Promote aircraft-compatible PED transmissions.</E>The transmissions from PEDs vary widely, making it very difficult for an aircraft operator to discriminate between PEDs that may be acceptable and those that may not.</P>
        <P>• Could the consumer electronics industry develop standards for aircraft-friendly PEDs, or aircraft-compatible modes of operation, that would reduce the risk of interference to aircraft systems by defining maximum emissions in designated bands?</P>
        <P>(5)<E T="03">Passenger perspectives on use of PEDs.</E>Increased access and usage of PEDs may distract passengers during crewmember safety briefings and instructions. In addition, PED usage may have an adverse impact on flight and cabin crew responsibilities and duties. In 2005, the FCC<SU>8</SU>
          <FTREF/>solicited comments on the potential to expand the use of cellular phones in flight and received responses from passengers concerned about the use of cell phones by other passengers. One of the main concerns expressed by the public comment was the fear of passenger disruptions caused by cell phone use in a crowded public conveyance.</P>
        <FTNT>
          <P>
            <SU>8</SU>Federal Communications Commission's Notice of Proposed Rulemaking (NPRM), FCC 04-288, in WT Docket No. 04-435, adopted December 15, 2004, and released February 15, 2005.</P>
        </FTNT>
        <P>• If some PEDs are found to be compatible with aircraft systems, should there be restrictions on the use of PEDs for other reasons?</P>
        <P>• Should voice communications using other technologies such as voice over IP be limited or restricted?</P>
        <P>• Should aircraft operators be required to publish their PED policies?</P>
        <P>(6)<E T="03">PED article retention risk considerations.</E>Personal belongings must be stowed for take-off, approach and landing, to reduce the risk of injury from projectiles and to ensure rapid egress in the event of an emergency. Some PEDs are large enough to be of concern for egress, while smaller handheld devices may have risks comparable to a small book.</P>
        <P>• If some PEDs are found to be compatible with aircraft systems, should requirements to stow PEDs for takeoff, approach, landing and abnormal conditions exist nonetheless to prevent personal injury?</P>
        <P>(7)<E T="03">Active monitoring for harmful interference.</E>A handheld device or installed system could be used by the crewmembers to detect harmful interference from PEDs. This could allow the crewmembers to identify problems and instruct passengers to disable devices when they generate harmful signals.</P>
        <P>• Should the FAA consider working with industry to develop standards for an active PED monitoring system?</P>
        <P>(8)<E T="03">Technical Challenges.</E>
        </P>
        <P>• What are the technical, operation, and regulatory challenges commercial aircraft operators face in expanding their PED usage policy?</P>
        <P>• What are the technical challenges the aircraft manufacturers, modifiers, and avionics equipment manufacturers see with further PED usage allowance?</P>
        <P>• What data and support can they provide to commercial aircraft operators to address these technical challenges?</P>
        <P>(9)<E T="03">Operational Challenges.</E>
        </P>
        <P>• What are the operational, safety and security challenges and concerns associated with expanding PED usage policy?</P>
        <P>• What is needed to alleviate those concerns?</P>
        
        <FP>Again, this information must be submitted by October 30, 2012.</FP>
        <HD SOURCE="HD2">Comments Invited</HD>
        <P>The FAA invites interested persons to submit written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from changes in our current policy. The most helpful comments reference a specific area of concern, 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>The FAA will file in the docket a summary of all comments it receives. The FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay.</P>

        <P>Proprietary or Confidential Business Information: Commenters should not file proprietary or confidential business information in the docket. Such information must be sent or delivered directly to the person identified in the<PRTPAGE P="53163"/>
          <E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this document, and marked as proprietary or confidential. If submitting information on a disk or CD ROM, mark the outside of the disk or CD ROM as proprietary or confidential, and identify electronically within the disk or CD ROM the specific information that is proprietary or confidential.</P>
        <P>Under 14 CFR 11.35(b), if the FAA is aware of proprietary information filed with a comment, the Agency does not place it in the docket. It is held in a separate file to which the public does not have access, and the FAA places a note in the docket that it has received it. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. 552). The FAA processes such a request under Department of Transportation procedures found in 49 CFR part 7.</P>
        <SIG>
          <DATED>Issued in Washington, DC on August 28, 2012.</DATED>
          <NAME>Susan J.M. Cabler,</NAME>
          <TITLE>Asst. Manager, Aircraft Engineering Division, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21577 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD</AGENCY>
        <CFR>36 CFR Part 1195</CFR>
        <DEPDOC>[Docket No. ATBCB-2012-0003]</DEPDOC>
        <RIN>RIN 3014-AA40</RIN>
        <SUBJECT>Medical Diagnostic Equipment Accessibility Standards Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Architectural and Transportation Barriers Compliance Board.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of advisory committee meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Medical Diagnostic Equipment Accessibility Standards Advisory Committee (Committee) will hold its first meeting on September 27 and 28, 2012.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Committee will meet on September 27, 2012, from 10 a.m. to 5 p.m. and on September 28, 2012, from 9 a.m. to 3 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Access Board's Conference Room, 1331 F Street NW., suite 800, Washington, DC 20004-1111.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Rex Pace, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone number (202) 272-0023 (Voice); (202) 272-0052 (TTY). Electronic mail address:<E T="03">pace@access-board.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established an advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking (NPRM) on Medical Diagnostic Equipment Accessibility Standards. See 77 FR 6916 (February 9, 2012). The NPRM and information related to the proposed standards are available on the Access Board's Web site at:<E T="03">http://www.access-board.gov/medical-equipment.htm</E>.</P>

        <P>The advisory committee will hold its first meeting on September 27 and 28, 2012. The agenda for the meeting includes initial remarks, introduction of committee members, consideration of the committee's charter and operating procedures, discussion of administrative issues, and discussion of issues for potential consideration by the committee. The preliminary meeting agenda, along with information about the committee, is available at the Access Board's Web site (<E T="03">http://www.access-board.gov/medical-equipment.htm</E>).</P>
        <P>Committee meetings are open to the public and interested persons can attend the meetings and communicate their views. Members of the public will have opportunities to address the committee on issues of interest to them during public comment periods scheduled on each day of the meeting.</P>

        <P>The meetings will be accessible to persons with disabilities. An assistive listening system, computer assisted real-time transcription (CART), and sign language interpreters will be provided. Persons attending the meetings are requested to refrain from using perfume, cologne, and other fragrances for the comfort of other participants (see<E T="03">www.access-board.gov/about/policies/fragrance.htm</E>for more information). Also, persons wishing to provide handouts or other written information to the committee are requested to provide electronic formats to Rex Pace via email prior to the meetings so that alternate formats can be distributed to committee members.</P>
        <SIG>
          <NAME>David M. Capozzi,</NAME>
          <TITLE>Executive Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21530 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8150-01-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <CFR>47 CFR Part 90</CFR>
        <DEPDOC>[WT Docket Nos. 12-64 and 11-110; Report No. 2959]</DEPDOC>
        <SUBJECT>Petition for Reconsideration of Action in Rulemaking Proceeding</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Petition for reconsideration.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In this document, a Petition for Reconsideration (Petition) has been filed in the Commission's Rulemaking proceeding by Ryan M.F. Baron on behalf of the Orange County, California Sheriff's Department.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Oppositions to the Petition must be filed on or before September 17, 2012. Replies to an opposition must be filed on or before September 25, 2012.</P>
        </DATES>
        <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>Brian Regan, Mobility Division, Wireless Telecommunications Bureau,<E T="03">brian.regan@fcc.gov&lt;mailto:brian.regan@fcc.gov&gt;,</E>(202) 418-2849.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This is a summary of Commission's document, Report No. 2959, released August 16, 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>Petition for Reconsideration of Improving Spectrum Efficiency Through Flexible Channel Spacing and Bandwidth Utilization for Economic Area-based 800 MHz Specialized Mobile Radio Licensees, Request for Declaratory Ruling that the Commission's Rules Authorize Greater than 25 kHz Bandwidth Operations in the 817-824/862-869 MHz Band, Report and Order, FCC 12-55, published at 77 FR 33972, June 8, 2012 in WT Docket Nos. 11-110 and 12-64, and published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1).</P>
        <P>
          <E T="03">Number of Petitions Filed:</E>1.</P>
        <SIG>
          <PRTPAGE P="53164"/>
          <FP>Federal Communications Commission.</FP>
          <NAME>Bulah P. Wheeler,</NAME>
          <TITLE>Deputy Manager, Office of the Secretary, Office of Managing Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21478 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Railroad Administration</SUBAGY>
        <CFR>49 CFR Part 214</CFR>
        <DEPDOC>[Docket No. FRA-2008-0059, Notice No. 6]</DEPDOC>
        <RIN>RIN 2130-AC37</RIN>
        <SUBJECT>Railroad Workplace Safety; Adjacent-Track On-Track Safety for Roadway Workers</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Railroad Administration (FRA), Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Petitions for reconsideration; response status.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document provides notice that, due to the complex issues raised in both the petitions for reconsideration of the final rule published November 30, 2011, and the comments received on the petitions, FRA continues to formulate an appropriate response to the petitions and comments. FRA's response will be published as soon as practicable and will be filed in the same docket.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kenneth Rusk, Staff Director, Track Division, Office of Safety Assurance and Compliance, FRA, 1200 New Jersey Avenue SE., RRS-15, Mail Stop 25, Washington, DC 20590 (telephone 202-493-6236); or Anna Winkle, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., RCC-12, Mail Stop 10, Washington, DC 20590 (telephone 202-493-6166 or 202-493-6052).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On November 30, 2011, FRA published a final rule concerning adjacent-track on-track safety for roadway workers.<E T="03">See</E>Docket No. FRA-2008-0059, Notice No. 4 at 76 FR 74586. In response, FRA received two petitions for reconsideration (Petitions) that raised substantive issues. One of the Petitions included a request for a delay in the effective date of the final rule until July 1, 2013.</P>

        <P>On March 8, 2012, FRA published a final rule delaying the effective date of the November 30, 2011, final rule until July 1, 2013, and establishing a 60-day comment period in order to permit interested parties an opportunity to respond to the Petitions.<E T="03">See</E>77 FR 13978. FRA received five comments on the Petitions, some of which raise additional substantive issues or provide further detailed information on the issues already raised. The Petitions and comments on the Petitions are available for review in the docket for this rulemaking, and have been assigned identification numbers of FRA-2008-0059-0031 and FRA-2008-0059-0032, for the Petitions, and identification numbers of FRA-2008-0059-0034, FRA-2008-0059-0035, FRA-2008-0059-0036, FRA-2008-0059-0037, and FRA-2008-0059-0038, for the comments on the Petitions.</P>
        <P>Due to the complex issues raised and extensive estimates provided in the Petitions and comments, FRA continues to formulate an appropriate response. FRA's response to the Petitions and comments will be published as soon as practicable and will be filed in the same docket.</P>
        <SIG>
          <DATED>Issued in Washington, DC, on August 27, 2012.</DATED>
          <NAME>Jo Strang,</NAME>
          <TITLE>Associate Administrator for Railroad Safety/Chief Safety Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21585 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-06-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 648</CFR>
        <DEPDOC>[Docket No. 120604138-2289-01]</DEPDOC>
        <RIN>RIN 0648-BC21</RIN>
        <SUBJECT>Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery</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 re-open a portion of the Georges Bank Closed Area to the harvest of Atlantic surfclams and ocean quahogs. The area has been closed since 1990 due to the presence of toxins known to cause paralytic shellfish poisoning. The proposed re-opening is based on a request from the Mid-Atlantic Fishery Management Council and the recent adoption of a testing protocol into the National Shellfish Sanitation Program.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be received no later than 5 p.m. eastern standard time, on October 1, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by NOAA-NMFS-2012-0121, by any of the following methods:</P>
          <P>•<E T="03">Electronic Submissions:</E>Submit all electronic public comments via the Federal e-Rulemaking portal<E T="03">http://www.regulations.gov.</E>
          </P>
          <P>•<E T="03">Fax:</E>(978) 281-9177, Attn: Jason Berthiaume.</P>
          <P>•<E T="03">Mail:</E>Daniel S. Morris, Acting Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on Proposed Opening of GB PSP Closed Area.”</P>
          <P>
            <E T="03">Instructions:</E>All comments received are 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>NMFS will accept anonymous comments. Attachments to electronic comments will be accepted via Microsoft Word, Microsoft Excel, WordPerfect, or Adobe PDF file formats only.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jason Berthiaume, Fishery Management Specialist, phone (978) 281-9177, fax (978) 281-9135.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>The Georges Bank (GB) Closed Area, located in the Exclusive Economic Zone east of 69°00′ W. long. and south of 42°20′ N. lat., has been closed to the harvest of surfclams and ocean quahogs since 1990 due to red tide blooms that cause paralytic shellfish poisoning (PSP). The closure was implemented based on advice from the U.S. Food and Drug Administration (FDA) after samples tested positive for toxins (saxitoxins) that cause PSP. These toxins are produced by the alga Alexandrium fundyense, which can form blooms commonly referred to as red tides, or harmful algal blooms, and can produce toxins that accumulate in water column filter-feeding shellfish. Shellfish contaminated with the toxin, if eaten in large enough quantity, can cause illness or death in humans.</P>

        <P>Due to inadequate testing or monitoring of this area for the presence of PSP-causing toxins, the closure was made permanent in 1999, under<PRTPAGE P="53165"/>Amendment 12 to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP). Since the implementation of the closure, NOAA's National Ocean Service has provided grants to the FDA, the states of Maine, New Hampshire, and Massachusetts, and a clam industry representative to collect water and shellfish samples from Federal waters off southern New England. NMFS has also issued exempted fishing permits (EFPs) since 2008 to surfclam and ocean quahog vessels to conduct research in the closure area. Testing of clams on GB by the FDA in cooperation with NMFS and the fishing industry under the EFPs demonstrate that PSP toxin levels have been well below the regulatory limit established for public health safety (FDA 2010). The FDA and NMFS also developed a Protocol for Onboard Screening and Dockside Testing in Molluscan Shellfish that is designed to test and verify that clams harvested from GB are safe. The protocol was formally adopted into the National Shellfish Sanitation Program at the October 2011 Interstate Shellfish Sanitation Conference.</P>
        <P>On June 30, 2010, NMFS published a similar proposal in the<E T="04">Federal Register</E>(75 FR 37745) to re-open a portion of the GB Closed Area. This proposed rule was later withdrawn due to public comments that opposed re-opening the GB Closed Area without having a testing protocol in place. Now that the protocol has been formally adopted, NMFS is proposing to re-open a portion of the GB Closed Area with the requirement that the protocol be used on all fishing trips into the area.</P>
        <P>Three areas are being considered for re-opening. To allow the industry to access as much of the area as possible and to generate public comment on all options, NMFS is proposing to re-open the largest of the three areas (Alternative A). The Alternative A area reflects the largest area that was previously permitted for sampling under an EFP, and the other alternatives areas are smaller subsets of the larger Alternative A area. The area proposed for re-opening is defined in the table below and the remaining portion of the GB Closed Area would remain closed.</P>
        <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        <GPH DEEP="143" SPAN="3">
          <GID>EP31AU12.023</GID>
        </GPH>
        <GPH DEEP="535" SPAN="3">
          <PRTPAGE P="53166"/>
          <GID>EP31AU12.024</GID>
        </GPH>
        <BILCOD>BILLING CODE 3510-22-C</BILCOD>
        <P>There have been no recent PSP toxin measurements recorded above regulatory limits, and PSP toxin monitoring would be conducted under the terms of the protocol for all trips into the area. Further, NMFS has the authority to close any area to harvesting of surfclams and ocean quahogs to prevent contaminated shellfish from entering the market. Any future closures or openings within the GB Closed Area will be based upon PSP toxin testing results conducted under the terms of the protocol, the advice of the FDA, and the most current information available.</P>
        <P>NMFS proposes to re-open the portion of the GB Closed Area to the harvest of surfclams and ocean quahogs, under its authority at § 648.76(c). However, we will continue to defer to the FDA in matters of public health and, should we receive new advice from the FDA, we will reconsider which portion of the GB Closed Area should be opened for harvesting.</P>

        <P>In addition, while NMFS proposes to re-open a portion of the GB Closed Area as requested by the Mid-Atlantic Fishery Management Council, NMFS also recognizes that red-tide events can vary inter-annually. For that reason, NMFS has prepared an environmental assessment (EA) that analyzes the proposed re-opening and two smaller area alternatives within the GB Closed<PRTPAGE P="53167"/>Area, to cover the possibility that the proposed opening could shift or vary, depending on a change in conditions or if new information becomes available. Given the temporal nature of PSP conditions, NMFS is seeking public comment on whether this proposed re-opening should be implemented and, if so, which of the three areas should be re-opened (Alternatives A, B, or C).</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has determined that this proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.</P>

        <P>NMFS prepared a draft EA for this action that analyzes the impacts of this proposed rule. A copy of the draft EA is available from the Federal e-Rulemaking portal<E T="03">http://www.regulations.gov.</E>Type “NOAA-NMFS-2012-0121” in the Enter Keyword or ID field and click search. A copy of the EA is also available upon request from NMFS Northeast Acting Regional Administrator, Daniel S. Morris (see<E T="02">ADDRESSES</E>).</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 (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows.</P>
        <P>The proposed measures would only affect vessels holding an active Federal open access surfclam and/or ocean quahog permit. In 2011, there were 47 Federal open-access surfclam and/or ocean quahog permitted vessels that landed surfclams and/or ocean quahogs. All of these vessels fall within the SBA's definition of a small business. This action proposes to re-open an area that has previously been closed. The surfclam and ocean quahog fishery is managed under an Individual Transferable Quota system, and, since overall quotas are not being changed as a result of this action, no additional harvest would be permitted with this action. Participating vessels would still be able to fish in any of the existing areas open to the harvest of surfclams and ocean quahogs. Those vessels that may fish in the area proposed to be opened may experience increased operational costs, if they choose to fish there; however, these costs may be offset due to increased productivity and efficiency of the fishing effort because of greater abundance of surfclams and ocean quahogs in the GB Closed Area. Regardless, any increased costs would not be considered significant.</P>
        <P>In addition, for the past 5 years, NMFS has issued EFPs allowing the harvest of surfclams using the FDA-approved Protocol for Onboard Screening and Dockside Testing in Molluscan Shellfish. Because NMFS has issued EFPs to harvest surfclams within the GB Closure Area, and given that surfclams are more valuable than ocean quahogs, it is likely that vessels would continue this trend of targeting surfclams from the GB Closed Area. Due to the seasonal variability of PSP toxin levels, any or all of the areas associated with this action could open or close based on PSP conditions. Given this uncertainty as to whether the area would remain open, it is not anticipated that there would be an overall increase in participation in the surfclam and ocean quahog fishery due to the opening of this area. Therefore, because this action only proposes to re-open an area that has previously been closed, and because no net change in fishing effort, participation in the fishery, or fishery expenses is expected, this action will not have a significant economic effect on a substantial number of small entities. 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 648</HD>
          <P>Fisheries, Fishing, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Alan D. Risenhoover,</NAME>
          <TITLE>Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
        </SIG>
        
        <P>For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES</HD>
          <P>1. The authority citation for part 648 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 § 648.76, paragraph (a)(4) is revised to read as follows:</P>
          <SECTION>
            <SECTNO>§ 648.76</SECTNO>
            <SUBJECT>Closed areas.</SUBJECT>
            <P>(a) * * *</P>
            <P>(4)<E T="03">Georges Bank.</E>The paralytic shellfish poisoning (PSP) contaminated area, which is located on Georges Bank, and is located east of 69° W. long., and south of 42°20′ N., lat., is closed to the harvest of surfclams and ocean quahogs. A portion of the Georges Bank Closed Area is open to harvest surfclams and ocean quahogs provided the vessel complies with the requirements specified in paragraph (a)(4)(i) of this section. The open portion of the Georges Bank Closed Area is defined by straight lines connecting the following points in the order stated:</P>
            <GPOTABLE CDEF="s25,12C,12C" COLS="3" OPTS="L2,i1">
              <TTITLE>Open Portion of the Georges Bank Closed Area</TTITLE>
              <BOXHD>
                <CHED H="1">Point</CHED>
                <CHED H="1">N. Latitude</CHED>
                <CHED H="1">W. Longitude</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>42°00′</ENT>
                <ENT>68°50′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>42°00′</ENT>
                <ENT>67°20′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">3</ENT>
                <ENT>41°00′</ENT>
                <ENT>67°20′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">4</ENT>
                <ENT>41°00′</ENT>
                <ENT>67°10′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">5</ENT>
                <ENT>40°40′</ENT>
                <ENT>67°10′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6</ENT>
                <ENT>40°40′</ENT>
                <ENT>68°30′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7</ENT>
                <ENT>41°30′</ENT>
                <ENT>68°30′</ENT>
              </ROW>
              <ROW>
                <ENT I="01">8</ENT>
                <ENT>41°30′</ENT>
                <ENT>68°50′</ENT>
              </ROW>
            </GPOTABLE>
            <P>(i)<E T="03">Requirements for Vessels Fishing in the Open Portion of the Georges Bank Closed Area.</E>A vessel may fish in the open portion of the Georges Bank Closed Area as specified in this paragraph (a)(4), provided it complies with the following terms and conditions:</P>
            <P>(A) A valid letter of authorization issued by the Regional Administrator must be onboard the vessel; and</P>
            <P>(B) The vessel must adhere to the terms and conditions of the PSP testing protocol as adopted into the National Shellfish Sanitation Program by the Interstate Shellfish Sanitation Conference. All surfclams and ocean quahogs harvested from the area must be handled in accordance with the terms and conditions of the protocol from the first point of harvest through completion of testing and release by the State Shellfish Control Authority as required by the PSP testing protocol; and</P>
            <P>(C) Prior to leaving port at the start of a fishing trip, the vessels' owner or operator must declare its intent to fish in the area through the vessel's vessel monitoring system.</P>
            <STARS/>
          </SECTION>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21586 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>170</NO>
  <DATE>Friday, August 31, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="53168"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <DATE>August 27, 2012.</DATE>

        <P>The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) 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 should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB),<E T="03">OIRA_Submission@OMB.EOP.GOV</E>or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958.</P>
        <P>An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.</P>
        <HD SOURCE="HD1">Agricultural Research Service</HD>
        <P>
          <E T="03">Title:</E>Electronic Mailing List Subscription Form—Water Quality Information Center.</P>
        <P>
          <E T="03">OMB Control Number:</E>0518-0045.</P>
        <P>
          <E T="03">Summary of Collection:</E>The National Agricultural Library's Water Quality Information Center (WQIC) currently maintains an on-line announcement list. The current voluntary “Electronic Mailing List Subscription Form” gives individuals interested in the subject area of water quality and agriculture an opportunity to receive and post messages to this list. The Electronic Mailing List Subscription is available for completion on-line at the Web site of the Water Quality Information Center. The authority for the National Agricultural Library to collect the information can be found at CFR, Title 7, Volume 1, Part 2 Subpart K, Section 2.65 (92).</P>
        <P>
          <E T="03">Need and Use of the Information:</E>The information requested on the form includes: name, email address, job title, work affiliation, and topics of interest. Data collected using the form will help WQIC determine a person's eligibility to join the announcement list. In order to make sure people have a significant interest in the topic area, it is necessary to collect the information. WQIC will use the collected information to approve subscription to the Enviro-News on-line announcement list.</P>
        <P>
          <E T="03">Description of Respondents:</E>Individuals or households; Business or other for-profit; Not-for-profit institutions; Federal Government; State, Local, or Tribal Government.</P>
        <P>
          <E T="03">Number of Respondents:</E>60.</P>
        <P>
          <E T="03">Frequency of Responses:</E>Reporting: On occasion.</P>
        <P>
          <E T="03">Total Burden Hours:</E>1.</P>
        <SIG>
          <NAME>Ruth Brown,</NAME>
          <TITLE>Departmental Information Collection Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21509 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-03-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Olympic Peninsula Resource Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Olympic Peninsula Resource Advisory Committee will meet in Olympia, WA. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under title II of the Act.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 12, 2012, from 9:00 a.m. until 4:00 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at Olympic National Forest, Supervisor's Office, in the Willaby Conference Room, located at 1835 Black Lake Blvd. SW., Olympia, WA 98512. A conference call line will be made available for members of the public who would like to call in. For conference call line access information, please contact Grace Haight at 360-956-2303.</P>
          <P>Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Olympic National Forest, Supervisor's Office, located in Olympia, WA. Please call ahead to Grace Haight at 360-956-2303 to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Donna Nemeth, Public Affairs Officer, Olympic National Forest, Supervisor's Office, 360-956-2274,<E T="03">dnemeth@fs.fed.us.</E>
          </P>

          <P>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m.,<PRTPAGE P="53169"/>Eastern Standard Time, Monday through Friday.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The following business will be conducted: The Olympic Peninsula Resource Advisory Committee will review 2013 Title II project proposals and make funding recommendations. More information can be viewed at<E T="03">http://www.fs.usda.gov/detail/olympic/workingtogether/advisorycommittees?cid=fsbdev3_049547.</E>
        </P>

        <P>Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 5, 2012 to be scheduled on the agenda. Written comments and requests for time for oral comments must be sent to Olympic National Forest, 1835 Black Lake Blvd. SW., Olympia, WA 98512, attention Grace Haight, or by email to<E T="03">gahaight@fs.fed.us</E>or via facsimile to 360-956-2330. A summary of the meeting will be posted at<E T="03">http://www.fs.usda.gov/detail/olympic/workingtogether/advisorycommittees?cid=fsbdev3_049547</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT.</E>All reasonable accommodation requests are managed on a case by case basis. Wheelchair accessibility is available at the front entrance of the Supervisor's Office.</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Amanda McAdams,</NAME>
          <TITLE>Acting Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21561 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Uinta-Wasatch-Cache National Forest Resource Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Uinta-Wasatch-Cache National Forest Resource Advisory Committee will meet via teleconference. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L. 112-141) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under Title II of the Act.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held via teleconference at 3:00 p.m.-5:00 p.m. (MST) on September 26, 2012. The call-in number is: 1-888-858-2144, passcode: 4620337#. The public may access the call via the call-in number, or attending the call at the Uinta-Wasatch-Cache National Forest Supervisor's office, 857 West South Jordan Parkway (106th South), South Jordan, Utah Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Uinta-Wasatch-Cache National Forest Supervisor's office, located at the address above. Please call ahead to 801-999-2103 to facilitate entry into the building to view comments.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Loyal Clark, Public Affairs Officer, Uinta-Wasatch-Cache National Forest, 801-999-2113,<E T="03">lfclark@fs.fed.us.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The following business will be conducted: review and recommend project proposals for one additional year of funding. Agenda and project proposals can be obtained at<E T="03">www.fs.usda.gov/uwcnf.</E>Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 21, 2012. Written comments and requests for time for oral comments must be sent to Uinta-Wasatch-Cache National Forest, Attn: Ms. Loyal Clark, 857 West South Jordan Parkway, South Jordan, Utah 84095, or by email to<E T="03">lfclark@fs.fed.us,</E>or via facsimile to 801-999-2185. A summary of the meeting will be posted at<E T="03">www.fs.usda.gov/uwcnf</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you are a person requiring reasonable accommodations, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>. All reasonable accommodation requests are managed on a case-by-case basis.</P>
        <SIG>
          <DATED>Dated: August 21, 2012.</DATED>
          <NAME>Cheryl Probert,</NAME>
          <TITLE>Deputy Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21192 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>De Soto Resource Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The De Soto Resource Advisory Committee will meet in Waynesboro, Mississippi. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under title II of the Act.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 20, 2012, 11:00 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at Wayne County Courthouse, 609 Azalea Drive, Waynesboro, MS 39367.</P>
          <P>Written comments may be submitted as described under<E T="02">SUPPLEMENTARY INFORMATION</E>. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying.</P>
          <P>The public may inspect comments received at De Soto Ranger District, 654 West Frontage Road, Wiggins, MS 39577. Please call ahead to 601-528-6160 to facilitate entry into the building to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ron Smith, Designated Federal Official, USDA Forest Service, De Soto Ranger District, 654 West Frontage Road, Wiggins, MS 39577; 601-528-6160;<E T="03">ronaldasmith@fs.fed.us.</E>
            <PRTPAGE P="53170"/>
          </P>
          <P>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The following business will be conducted: (1) Welcome; (2) Review and approval of minutes from last meeting; (3) Review of proposed projects; (4) Public Comment. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 14, 2012 to be scheduled on the agenda. Written comments and requests for time for oral comments must be sent to De Soto Ranger District, 654 West Frontage Road, Wiggins, MS 39577, or by email to<E T="03">ronaldasmith@fs.fed.us,</E>or via facsimile to 601-528-6193. A summary of the meeting will be posted at:<E T="03">www.fs.usda.gov/main/pts/home</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>. All reasonable accommodation requests are managed on a case by case basis.</P>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Ron Smith,</NAME>
          <TITLE>Designated Federal Official.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21263 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Notice of Southwest Idaho Resource Advisory Committee Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000, as amended, (Pub. L. 110-343), the Boise, Payette, Salmon-Challis, Sawtooth, and Wallowa-Whitman National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting. The meeting is open to the public.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Thursday, September 13, 2012, beginning at 10:00 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Idaho Counties Risk Management Program Building, 3100 South Vista Avenue, Boise, Idaho.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Agenda topics will include review and approval of project proposals, and is an open public forum.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kim Pierson, Designated Federal Official, at (208) 347-0301 or email<E T="03">kpierson@fs.fed.us.</E>
          </P>
          <SIG>
            <DATED>Dated: August 22, 2012.</DATED>
            <NAME>Keith B. Lannom,</NAME>
            <TITLE>Forest Supervisor, Payette National Forest.</TITLE>
          </SIG>
        </FURINF>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21539 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Siuslaw Resource Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Siuslaw Resource Advisory Committee will meet in Corvallis, OR. The purpose of the meeting is RAC FY13 Business, Elect Chairperson, Set FY13 Overhead Rate, Information Share, Public Forum, 2013 Project Review, Project Selections.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 17, 2012 beginning at 9:00 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Corvallis Forestry Sciences Lab and Siuslaw National Forest, 3200 SW Jefferson Way, Room 20 A, B, C, Corvallis, OR 97331.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Joni Quarnstrom, Siuslaw National Forest, 541/750-7075 or write to Forest Supervisor, Siuslaw National Forest, 3200 SW Jefferson Way, Corvallis, OR 97331.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>A public input period will begin before 2013 project review. The meeting is expected to adjourn at 5:00 p.m.</P>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Jeremiah C. Ingersoll,</NAME>
          <TITLE>Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21264 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Rural Business-Cooperative Service</SUBAGY>
        <SUBJECT>Notice of Request for Extension of a Currently Approved Information Collection</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Rural Business-Cooperative Service.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed collection; Comments requested.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to request an extension for a currently approved information collection in support of the program for Business and Industry Guaranteed Loans.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on this notice must be received by October 30, 2012 to be assured of consideration.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>David Lewis, Business and Industry Loan Servicing Branch, Rural Business-Cooperative Service, U.S. Department of Agriculture, STOP 3224, 1400 Independence Avenue SW., Washington, DC 20250-3224, telephone (202) 690-0797, or by email to<E T="03">david.lewis@wdc.usda.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>
          <E T="03">Title:</E>Business and Industry Guaranteed Loan Servicing.</P>
        <P>
          <E T="03">OMB Number:</E>0570-0016.</P>
        <P>
          <E T="03">Expiration Date of Approval:</E>November 30, 2012.</P>
        <P>
          <E T="03">Type of Request:</E>Extension of Paperwork Burden.</P>
        <P>
          <E T="03">Abstract:</E>The purpose of the Business and Industry Guaranteed Loan Program is to improve, develop, or finance business, industry, and employment and to improve the economic and environmental climate in rural communities. This purpose is achieved by bolstering the existing private credit structure through the guarantee of quality loans which will provide lasting community benefits. The information requested is necessary and vital in order for the Agency to make prudent credit and financial decisions.</P>
        <P>
          <E T="03">Estimate of Burden:</E>Public reporting burden for this collection of information is estimated to average .85 hours per response.</P>
        <P>
          <E T="03">Respondents Number:</E>3,800.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>3,800.</P>
        <P>
          <E T="03">Estimated Number of Responses per Respondent:</E>1.</P>
        <P>
          <E T="03">Estimated Number of Responses:</E>23,703.</P>
        <P>
          <E T="03">Estimated Total Annual Burden on Respondents:</E>20,452.</P>

        <P>Copies of this information collection can be obtained from Jeanne Jacobs,<PRTPAGE P="53171"/>Regulations and Paperwork Management Branch at (202) 692-0040.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of RBS, including whether the information will have practical utility; (b) the accuracy of RBS'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 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. Comments may be sent to Jeanne Jacobs, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave. SW., Washington, DC 20250.</P>
        <P>All responses to this notice will be summarized and included in the request for the Office of Management and Budget (OMB) approval. All comments will also become a matter of public record.</P>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>John C. Padalino,</NAME>
          <TITLE>Acting Administrator, Rural Business-Cooperative Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21597 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-XY-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <P>The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).</P>
        <P>
          <E T="03">Agency:</E>U.S. Census Bureau.</P>
        <P>
          <E T="03">Title:</E>American Community Survey Methods Panel Tests.</P>
        <P>
          <E T="03">OMB Control Number:</E>0607-0936</P>
        <P>
          <E T="03">Form Number(s):</E>ACS-1, ACS-1(SP), ACS-1PR, ACS-1PR(SP), ACS CATI(HU), ACS CAPI(HU), ACS (Internet).</P>
        <P>
          <E T="03">Type of Request:</E>Revision of a currently approved collection.</P>
        <P>
          <E T="03">Burden Hours:</E>276,645.</P>
        <P>
          <E T="03">Number of Respondents:</E>444,150.</P>
        <P>
          <E T="03">Average Hours per Response:</E>34 minutes.</P>
        <P>
          <E T="03">Needs and Uses:</E>The U.S. Census Bureau requests authorization from the Office of Management and Budget (OMB) to conduct the American Community Survey (ACS) Methods Panel tests. The ACS collects detailed socioeconomic data from about 3.5 million households in the United States and 36,000 in Puerto Rico each year. Resulting tabulations from that data collection are provided on a yearly basis. The ACS allows the Census Bureau to provide timely and relevant housing and socio-economic statistics for even small levels of geography.</P>
        <P>An ongoing data collection effort with an annual sample of this magnitude requires continuous research, testing and evaluations aimed at improving questionnaire content and data collection operations. The ACS Methods Panel is a research program that is designed to address and respond to emerging issues and survey needs. During the 2013-2015 period, the Methods Panel may include testing methods for increasing survey efficiencies, reducing survey cost, lessening respondent burden, and improving response rates. Testing may also include methods that might increase data quality. At this time, plans are in place to propose several tests: a 2013 Questionnaire Design Test, a 2015 ACS Content Test, and a series of Internet tests. Because we cannot anticipate issues that may arise in the production survey or from the proposed studies, we may conduct additional testing as needed. Additional testing would focus on methods for reducing data collection costs, improving data quality or testing new questions that have an urgent need to be included on the ACS.</P>
        <P>In September through December 2010, the Census Bureau conducted the 2010 ACS Content Test that included testing revisions to current ACS questions as well as two new questions (Computer ownership and Internet usage, and Parental Place of Birth). During the Content Test, the Census Bureau determined that the ACS paper questionnaire did not contain enough space to accommodate certain configurations of proposed content changes. While selected content from the test does fit on the current form, we need to be proactive to accommodate future content requests on the ACS mail questionnaire. In the 2013 ACS Questionnaire Design Test, we will study the impact of a longer (36-page) questionnaire against our current 28-page form. The experimental treatments are noted below, but we have not finalized the forms for this test at the time. We will also study whether changing the size of the form to a standard size (8.5 x 11) booklet has an impact on response, compared to both the 28- and 36-page forms. The results of this testing will help the Census Bureau to decide which questionnaire format change has the least negative impact on response and data quality.</P>
        <P>Because the 8.5 × 11 questionnaire will be roughly 44-pages long, we cannot fold the form before mailing it as we do with the current 36-page questionnaire. Thus, this test will also include an experimental panel where a 36-page questionnaire is mailed flat (without folding) so that we can cleanly determine the effect of questionnaire size versus folding.</P>
        <P>This test will also include several changes to make the questionnaire more compatible with optical character recognition software, including altering the response box formats for numeric write-in fields to allow them to be captured automatically rather than keyed. This part of the test will allow us to examine any changes to response behavior as well as to estimate anticipated cost savings from the automatic capture. Lastly, this test will include a test of variations in the relationship question and the marital status series per the OMB initiative to ensure these questions are inclusive of all relationship types and partnerships. Based on the results of this testing, a secondary, follow-up test may be needed to refine the questionnaire identified as the best alternative from this test.</P>

        <P>Second, in response to Federal agencies' requests for new and revised ACS questions, the Census Bureau plans to conduct the 2015 ACS Content Test. We will determine the changes to the current ACS content and the addition of new content through the OMB Interagency Committee for the ACS in 2013. OMB must approve requests for content changes prior to testing. The objective of the 2015 ACS Content Test, for both new and existing questions, is to determine the impact of changing question wording, response categories, and redefinition of underlying constructs on the quality of the data collected. The Census Bureau proposes to evaluate changes to the questions by comparing the revised questions to the current ACS questions, or for new questions, to compare the performance of question versions to each other as well as to other well-known sources of such information. We plan to design the test similar to past content tests, using two experimental panels to compare current versus revised content. We will<PRTPAGE P="53172"/>also use a reinterview to help generate measures of response error.</P>
        <P>Third, we want to implement several iterative ACS Internet tests based on issues that arose from two ACS Internet tests conducted in 2011. Both of these tests studied the impact of different notifications of an Internet option in the survey invitations. Production ACS will begin collecting data using the Internet in January 2013. One problem detected in the 2011 tests was the impact to item nonresponse for questions in the later parts of the survey due to Internet break-offs. The Internet tests in 2013-2015 will look at potential ways to restructure messaging and change the Internet design to help reduce break-offs and encourage response in a timely manner. Testing will also include a reexamination of the potential for using the Internet to collect data in Puerto Rico, since results from the 2011 test did not show any distinct advantage. Testing plans are largely undefined at this point, but we will submit more detailed information once plans are solidified.</P>
        <P>Other considerations for testing include a second Content Reinterview Survey to build upon the results from the first Content Reinterview Survey that is currently in the field due to the introduction of the web mode and content changes. We are also considering testing designed to improve data collection operations in Group Quarters, such as the introduction of a web option and developing a separate questionnaire for institutionalized populations. There are no specific test plans for these projects at this point.</P>
        <P>Other testing is being considered, but the specific details of these tests are not known at this time. However, these tests cover similar testing topics of content and methods to address emergent issues or needs. The tests may be conducted on both residential households or group quarters.</P>
        <P>The Census Bureau is still in the early stages for planning and implementing the proposed tests. Subsequently the materials to be used in the tests have not been developed. For changes to the tests described in this justification, the Census Bureau will submit a non-substantive change request documenting the change.</P>
        <P>The ACS must collect data on a continual basis and aggregate one, three, or five years worth of data to release data for all states, Congressional districts, counties, cities, and small towns down to the census tract and block group level. Essentially the ACS collects data every day of the year, either by mail, Internet (beginning in January 2013), telephone interviews or personal-visit interviews. There are many federal programs that distribute funds based on population and income data from the Census Bureau, including data from the ACS. Federal agencies use ACS data to determine appropriate funding for state and local governments through block grants. State and local governments use ACS data for program planning, administration and evaluation. Thus, the reliability and the quality of the data must remain high in order for the users to rely on the data for funding decisions.</P>
        <P>So that the Census Bureau can provide critical information to governments and the private sector, the ACS collects comprehensive demographic, social, economic, and housing statistics covering every community in the nation. The ACS provides a continuous stream of updated information for states and local areas on an annual basis, and has revolutionized the ways the country uses data to understand communities and plan for the future.</P>
        <P>ACS Methods Panel testing, such as the Questionnaire Design Test, Internet Tests, and the 2015 Content Test, provide a mechanism to investigate ways to reduce or at least maintain data collection costs and improve the quality of the data.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Frequency:</E>One time.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Mandatory.</P>
        <P>
          <E T="03">Legal Authority:</E>Title 13, United States Code, Sections 141, 193, and 221.</P>
        <P>
          <E T="03">OMB Desk Officer:</E>Brian Harris-Kojetin, (202) 395-7314.</P>

        <P>Copies of the above information collection proposal can be obtained by calling or writing Jennifer Jessup, Departmental Paperwork Clearance Officer, (202) 482-0336, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at<E T="03">jjessup@doc.gov</E>).</P>

        <P>Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or email (<E T="03">bharrisk@omb.eop.gov</E>).</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Glenna Mickelson,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21588 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-07-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-533-843, A-570-901, C-533-844]</DEPDOC>
        <SUBJECT>Certain Lined Paper Products From India and the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders</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 the determinations by the Department of Commerce (the Department) that revocation of the antidumping duty (AD) orders on certain lined paper products (lined paper) from India and the People's Republic of China (PRC) would likely lead to continuation or recurrence of dumping, that revocation of the countervailing duty (CVD) order on lined paper from India would likely lead to continuation or recurrence of a countervailable subsidy, and the determinations by the International Trade Commission (the ITC) that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of the continuation of these AD orders and CVD order.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>August 31, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>James Terpstra (AD orders) or Eric Greynolds (CVD order), AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3965, and (202) 482-6071, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>On August 1, 2011, the Department initiated and the ITC instituted sunset reviews of the AD and CVD orders on lined paper from India, and the AD order on lined paper from the PRC pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act).<SU>1</SU>

          <FTREF/>As a result of its reviews, the Department found that revocation of the AD orders would likely lead to<PRTPAGE P="53173"/>continuation or recurrence of dumping and that revocation of the CVD order would likely lead to continuation or recurrence of a countervailable subsidy, and notified the ITC of the margins of dumping and the countervailable subsidy rates likely to prevail were the orders revoked.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See Initiation of Five-Year (“Sunset”) Review,</E>76 FR 45778 (August 1, 2011) and<E T="03">Certain Lined Paper School Supplies From China, India, and Indonesia—Institution of Five-Year Reviews Concerning the Countervailing Duty Orders on Certain Lined Paper School Supplies From India and Indonesia and the Antidumping Duty Orders on Certain Lined Paper School Supplies From China, India, and Indonesia,</E>76 FR 45851 (August 1, 2011).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See Final Results of Expedited Sunset Review of Antidumping Duty Orders: Lined Paper Products From India, Indonesia, and the People's Republic of China,</E>76 FR 76123 (December 6, 2011) (<E T="03">Expedited Sunset</E>). In<E T="03">Expedited Sunset,</E>the Department incorrectly noted the case number for the AD order on lined paper from the PRC as “A-579-901.” The correct AD case number is “A-570-901.”<E T="03">See also Final Results of Expedited Sunset Review of Countervailing Duty Order: Certain Lined Paper Products From India,</E>76 FR 76147 (December 6, 2011).</P>
        </FTNT>
        <P>On August 24, 2012, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD and CVD orders on lined paper from India and the PRC would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See Certain Lined Paper School Supplies From China, India, and Indonesia,</E>77 FR 51570 (August 24, 2012).<E T="03">See also Certain Lined Paper School Supplies from China, India, and Indonesia,</E>Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344 (August 2012). With regard to the AD and CVD orders on lined paper from Indonesia, the ITC determined that the revocation of those orders would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States.</P>
        </FTNT>
        <HD SOURCE="HD1">Scope of the Orders</HD>
        <P>The products covered by these AD and CVD orders include certain lined paper products, typically school supplies,<SU>4</SU>
          <FTREF/>composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets,<SU>5</SU>

          <FTREF/>including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8<FR>3/4</FR>inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product (<E T="03">i.e.,</E>stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of these orders whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated, included with, or attached to the product, cover and/or backing thereto.</P>
        <FTNT>
          <P>
            <SU>4</SU>For purposes of this scope definition, the actual use or labeling of these products as school supplies or non-school supplies is not a defining characteristic.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>There shall be no minimum page requirement for looseleaf filler paper.</P>
        </FTNT>
        <P>Specifically excluded from the scope of these orders are:</P>
        <P>• Unlined copy machine paper;</P>
        <P>• Writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper;</P>
        <P>• Three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper;</P>
        <P>• Index cards;</P>
        <P>• Printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap;</P>
        <P>• Newspapers;</P>
        <P>• Pictures and photographs;</P>
        <P>• Desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”);</P>
        <P>• Telephone logs;</P>
        <P>• Address books;</P>
        <P>• Columnar pads &amp; tablets, with or without covers, primarily suited for the recording of written numerical business data;</P>
        <P>• Lined business or office forms, including but not limited to: preprinted business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books;</P>
        <P>• Lined continuous computer paper;</P>
        <P>• Boxed or packaged writing stationery (including but not limited to products commonly known as “fine business paper,” “parchment paper,” and “letterhead”), whether or not containing a lined header or decorative lines;</P>
        <P>• Stenographic pads (steno pads), Gregg ruled,<SU>6</SU>
          <FTREF/>measuring 6 inches by 9 inches;</P>
        <FTNT>
          <P>
            <SU>6</SU>“Gregg ruling” consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book.</P>
        </FTNT>
        <P>Also excluded from the scope of these orders are the following trademarked products:</P>
        <P>• Fly<E T="51">TM</E>lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a Fly<E T="51">TM</E>pen-top computer. The product must bear the valid trademark Fly<E T="51">TM</E>.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• Zwipes<E T="51">TM</E>: A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a Zwipes<E T="51">TM</E>pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes<E T="51">TM</E>.<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• FiveStar® Advance<E T="51">TM</E>: A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1″ wide elastic fabric band. This band is located 2<FR>3/8</FR>″ from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the<PRTPAGE P="53174"/>polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar® Advance<E T="51">TM</E>.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• FiveStar Flex<E T="51">TM</E>: A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar Flex<E T="51">TM</E>.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>Currently, merchandise subject to these orders is typically imported under headings 4810.22.5044, 4811.90.9050, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2060, and 4820.10.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the orders is dispositive.</P>

        <P>Since the issuance of the PRC AD order, the Department has clarified the scope of that order in response to numerous scope inquiries. In addition, on September 23, 2011, the Department revoked, in part, the PRC AD order with respect to FiveStar® Advance<E T="51">TM</E>notebooks and notebook organizers without PVC coatings.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See Certain Lined Paper Products From People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review and Revocation, in Part,</E>76 FR 60803 (September 30, 2011).</P>
        </FTNT>
        <HD SOURCE="HD1">Continuation of the Orders</HD>
        <P>As a result of the determinations by the Department and the ITC that revocation of these AD and CVD orders would likely lead to continuation or recurrence of dumping or a countervailable subsidy, and of 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 AD and CVD orders on lined paper from India and the AD order on lined paper from the PRC.</P>

        <P>U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of these orders is 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 these finding/orders not later than 30 days prior to the fifth anniversary of the effective date of the continuations.</P>
        <P>These five-year (sunset) reviews and notice are in accordance with section 751(c) of the Act and published pursuant to sections 751(c) and 777(i)(1) of the Act, as well as 19 CFR 351.218(f)(4).</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21610 Filed 8-30-12; 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-560-818, C-560-819]</DEPDOC>
        <SUBJECT>Certain Lined Paper Products From Indonesia: Revocation of Antidumping and Countervailing Duty Orders</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 the determinations by the International Trade Commission (the ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain lined paper products (lined paper) from Indonesia would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department of Commerce (the Department) is revoking these AD and CVD orders.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>September 28, 2011.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mary Kolberg or Nancy Decker, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1785 or (202) 482-0196, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>On August 1, 2011, the Department initiated and the ITC instituted sunset reviews of the AD and CVD orders on lined paper from Indonesia pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act), respectively.<SU>1</SU>
          <FTREF/>As a result of its reviews, the Department found that revocation of the AD order would likely lead to continuation or recurrence of dumping and that revocation of the CVD order would likely lead to continuation or recurrence of subsidization, and notified the ITC of the margins of dumping and the subsidy rates likely to prevail were the orders revoked.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See Initiation of Five-Year (“Sunset”) Review,</E>76 FR 45778 (August 1, 2011) and<E T="03">Certain Lined Paper School Supplies From China, India, and Indonesia—Institution of Five-Year Reviews Concerning the Countervailing Duty Orders on Certain Lined Paper School Supplies From India and Indonesia and the Antidumping Duty Orders on Certain Lined Paper School Supplies From China, India, and Indonesia,</E>76 FR 45851 (August 1, 2011).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See Final Results of Expedited Sunset Review of Antidumping Duty Orders: Lined Paper Products From India, Indonesia, and the People's Republic of China,</E>76 FR 76123 (December 6, 2011) and<E T="03">Certain Lined Paper Products From Indonesia: Final Results of Expedited Sunset Review of Countervailing Duty Order,</E>76 FR 73592 (November 29, 2011).</P>
        </FTNT>
        <P>On August 24, 2012, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD and CVD orders on lined paper from Indonesia would not be likely to lead to the continuation or recurrence of material injury within a reasonably foreseeable time.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See Certain Lined Paper School Supplies From China, India, and Indonesia,</E>77 FR 51570 (August 24, 2012).<E T="03">See also</E>
            <E T="03">Certain Lined Paper School Supplies from China, India, and Indonesia,</E>Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344 (August 2012).</P>
        </FTNT>
        <PRTPAGE P="53175"/>
        <HD SOURCE="HD1">Scope of the Orders</HD>
        <P>The products covered by these orders include certain lined paper products, typically school supplies,<SU>4</SU>
          <FTREF/>composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets,<SU>5</SU>

          <FTREF/>including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8<FR>3/4</FR>inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product (<E T="03">i.e.,</E>stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of these orders whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated, included with, or attached to the product, cover and/or backing thereto.</P>
        <FTNT>
          <P>
            <SU>4</SU>For purposes of this scope definition, the actual use or labeling of these products as school supplies or non-school supplies is not a defining characteristic.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>There shall be no minimum page requirement for looseleaf filler paper.</P>
        </FTNT>
        <P>Specifically excluded from the scope of these orders are:</P>
        <P>• Unlined copy machine paper;</P>
        <P>• Writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper;</P>
        <P>• Three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper;</P>
        <P>• Index cards;</P>
        <P>• Printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap;</P>
        <P>• Newspapers;</P>
        <P>• Pictures and photographs;</P>
        <P>• Desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”);</P>
        <P>• Telephone logs;</P>
        <P>• Address books;</P>
        <P>• Columnar pads &amp; tablets, with or without covers, primarily suited for the recording of written numerical business data;</P>
        <P>• Lined business or office forms, including but not limited to: preprinted business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books;</P>
        <P>• Lined continuous computer paper;</P>
        <P>• Boxed or packaged writing stationery (including but not limited to products commonly known as “fine business paper,” “parchment paper,” and “letterhead”), whether or not containing a lined header or decorative lines;</P>
        <P>• Stenographic pads (steno pads), Gregg ruled,<SU>6</SU>
          <FTREF/>measuring 6 inches by 9 inches;</P>
        <FTNT>
          <P>
            <SU>6</SU>“Gregg ruling” consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book.</P>
        </FTNT>
        <P>Also excluded from the scope of these orders are the following trademarked products:</P>
        <P>• Fly<E T="51">TM</E>lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a Fly<E T="51">TM</E>pen-top computer. The product must bear the valid trademark Fly<E T="51">TM</E>.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• Zwipes<E T="51">TM</E>: A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a Zwipes<E T="51">TM</E>pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes<E T="51">TM</E>.<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• FiveStar® Advance<E T="51">TM</E>: A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1″ wide elastic fabric band. This band is located 2<FR>3/8</FR>″ from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar® Advance<E T="51">TM</E>.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>• FiveStar Flex<E T="51">TM</E>: A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is<PRTPAGE P="53176"/>sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar Flex<E T="51">TM</E>.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope.</P>
        </FTNT>
        <P>Currently, merchandise subject to these orders is typically imported under headings 4811.90.9035, 4811.90.9080, 4820.30.0040, 4811.90.9050, 4810.22.5044, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060 and 4820.10.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the orders is dispositive.</P>
        <HD SOURCE="HD1">Determination</HD>

        <P>As a result of the determinations by the ITC that revocation of these AD and CVD orders would not be likely to lead to continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department is revoking the AD and CVD orders on lined paper from Indonesia. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is September 28, 2011 (<E T="03">i.e.,</E>the fifth anniversary of the effective date of publication in the<E T="04">Federal Register</E>of these orders).<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia,</E>71 FR 56949 (September 28, 2006).</P>
        </FTNT>
        <P>The Department will notify U.S. Customs and Border Protection, 15 days after publication of this notice, to terminate suspension of liquidation and collection of cash deposits on entries of the subject merchandise, entered or withdrawn from warehouse, on or after September 28, 2011. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping and countervailing duty deposit requirements.</P>
        <P>This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions.</P>
        <P>These five-year (sunset) reviews and notice are in accordance with section 751(d)(2) the Act and published pursuant to section 777(i)(1) of the Act.</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21605 Filed 8-30-12; 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-570-827]</DEPDOC>
        <SUBJECT>Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part</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 July 18, 2012, the Department of Commerce (“the Department”) published a notice of initiation and preliminary results of a changed circumstance review and intent to revoke, in part, the antidumping duty (“AD”) order of certain cased pencils from the People's Republic of China (“PRC”). The final results do not differ from the preliminary results of review, and we are revoking the order, in part, with respect to novelty drumstick pencils. This partial revocation is effective June 1, 2011.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>June 1, 2011.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mahnaz Khan at (202) 482-0914 or Yasmin Nair at (202) 482-3813; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.</P>
          <HD SOURCE="HD1">Background</HD>
          <P>On December 28, 1994, the Department published in the<E T="04">Federal Register</E>the AD order on certain cased pencils from the PRC.<E T="03">See Antidumping Duty Order: Certain Cased Pencils  from the People's Republic of China,</E>59 FR 66909 (December 28, 1994) (“AD order”). On May 23, 2012, in accordance with section 751(b) and 751(d)(1) of the Tariff Act of 1930, as amended (“the Act”), 19 CFR 351.216(b), and 19 CFR 351.222(g)(1), ThinkGeek, a U.S. importer of subject merchandise, requested revocation, in part, of the AD order with respect to its novelty pencil, which is shaped like a drumstick. ThinkGeek's novelty drumstick pencil is made to look like a pencil, except that it is shaped as a drumstick. This pencil is longer than regular wooden pencils and does not contain an eraser. ThinkGeek requested that the Department conduct the changed circumstances review on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii).</P>

          <P>On July 18, 2012, the Department published its concurrent initiation and preliminary results of this changed circumstances review.<E T="03">See Certain Cased Pencils From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part,</E>77 FR 42276 (July 18, 2012) (“<E T="03">Preliminary Results</E>”). The Department preliminary determined to revoke, in part, the AD order on certain cased pencils from the PRC with respect to novelty drumstick pencils. In the<E T="03">Preliminary Results,</E>we stated that interested parties could submit comments to the Department no later than 14 days after the publication of the<E T="03">Preliminary Results</E>in the<E T="04">Federal Register</E>. No interested parties submitted comments on the changed circumstances review.</P>
          <HD SOURCE="HD1">Scope of the Order</HD>

          <P>Imports covered by the order are shipments of certain cased pencils of any shape or dimension (except as described below) which are writing and/or drawing instruments that feature cores of graphite or other materials, encased in wood and/or man-made materials, whether or not decorated and whether or not tipped (<E T="03">e.g.,</E>with erasers,<E T="03">etc.</E>) in any fashion, and either sharpened or unsharpened. The pencils subject to the order are currently classifiable under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Specifically excluded from the scope of the order are mechanical pencils, cosmetic pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above-referenced patent, thereby having odors distinct from those that may emanate from pencils lacking<PRTPAGE P="53177"/>the scent infusion. Also excluded from the scope of the order are pencils with all of the following physical characteristics: (1)<E T="03">Length:</E>13.5 or more inches; (2)<E T="03">sheath diameter:</E>not less than one-and-one quarter inches at any point (before sharpening); and (3)<E T="03">core length:</E>not more than 15 percent of the length of the pencil.</P>
          <P>In addition, pencils with all of the following characteristics are excluded from the order: novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches in circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Also excluded are novelty drumstick pencils that are shaped like drumsticks, longer than regular wooden pencils, and do not contain erasers.</P>
          <P>Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope and order is dispositive.</P>
          <HD SOURCE="HD1">Final Results of Changed Circumstances Review</HD>
          <P>Based on the Department's analysis in the<E T="03">Preliminary Results</E>(which we incorporate herein by reference) and in light of the fact that no interested parties submitted any comments on the Department's preliminary results, the Department hereby determines to revoke, in part, the AD order with respect to novelty drumstick pencils. For the reasons indicated in the<E T="03">Preliminary Results,</E>the effective date of this determination is June 1, 2011.<E T="03">See Preliminary Results,</E>77 FR at 42277. In addition, the Department has modified the scope of the AD order, as reflected above, consistent with these final results.</P>
          <P>We will instruct U.S. Customs and Border Protection (“CBP”) to liquidate without regard to antidumping duties all unliquidated entries of novelty drumstick pencils entered, or withdrawn from warehouse, for consumption on or after June 1, 2011. The Department will further instruct CBP to refund with interest any estimated antidumping duties collected with respect to these entries, in accordance with section 778 of the Act and 19 CFR 351.222(g)(4).</P>
          <P>This changed circumstances administrative review, partial revocation of the antidumping duty order and notice are in accordance with sections 751(b) and (d), 777(i), and 782(h) of the Act and 19 CFR 351.216(e) and 351.222(g).</P>
          <SIG>
            <DATED>Dated: August 27, 2012.</DATED>
            <NAME>Paul Piquado,</NAME>
            <TITLE>Assistant Secretary for Import Administration.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21607 Filed 8-30-12; 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-580-867]</DEPDOC>
        <SUBJECT>Large Power Transformers From the Republic of Korea: Antidumping Duty Order</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>August 31, 2012.</P>
        </DATES>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on large power transformers from the Republic of Korea (Korea).</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>David Cordell or Brian Davis, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0408 or (202) 482-7924, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), on July 11, 2012, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of large power transformers from Korea.<E T="03">See Large Power Transformers from the Republic of Korea: Final Determination of Sales at Less Than Fair Value,</E>77 FR 40857 (July 11, 2012). On August 24, 2012, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of large power transformers from Korea.<E T="03">See Large Power Transformers from Korea</E>(Investigation No. 731-TA-1189 (Final), USITC Publication 4346, August 2012). Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on the subject merchandise.</P>
        <HD SOURCE="HD1">Scope of the Order</HD>
        <P>The scope of this order covers large liquid dielectric power transformers (large power transformers) having a top power handling capacity greater than or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete.</P>
        <P>Incomplete large power transformers are subassemblies consisting of the active part and any other parts attached to, imported with or invoiced with the active parts of large power transformers. The “active part” of the transformer consists of one or more of the following when attached to or otherwise assembled with one another: the steel core or shell, the windings, electrical insulation between the windings, the mechanical frame for a large power transformer.</P>
        <P>The product definition encompasses all such large power transformers regardless of name designation, including but not limited to step-up transformers, step-down transformers, autotransformers, interconnection transformers, voltage regulator transformers, rectifier transformers, and power rectifier transformers.</P>
        <P>The large power transformers subject to this order are currently classifiable under subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.</P>
        <HD SOURCE="HD1">Antidumping Duty Order</HD>
        <P>As stated above, on August 24, 2012, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found material injury with respect to large power transformers from Korea. Because the ITC determined that imports of transformers from Korea are materially injuring a U.S. industry, all unliquidated entries of such merchandise from Korea, entered or withdrawn from warehouse, are subject to the assessment of antidumping duties.</P>

        <P>Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of<PRTPAGE P="53178"/>large power transformers from Korea. These antidumping duties will be assessed on unliquidated entries of large power transformers from Korea entered, or withdrawn from warehouse, for consumption on or after February 16, 2012, the date on which the Department published its<E T="03">Preliminary Determination,</E>
          <SU>1</SU>
          <FTREF/>but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below.</P>
        <FTNT>
          <P>
            <SU>1</SU>
            <E T="03">See Large Power Transformers from the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination,</E>77 FR 9204 (February 16, 2012) (<E T="03">Preliminary Determination</E>).</P>
        </FTNT>
        <HD SOURCE="HD1">Continuation of Suspension of Liquidation</HD>
        <P>In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all entries of large power transformers from Korea. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated below. These instructions suspending liquidation will remain in effect until further notice.</P>

        <P>Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins listed below.<E T="03">See</E>section 736(a)(3) of the Act.</P>
        <HD SOURCE="HD1">Provisional Measures</HD>

        <P>Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of large power transformers from Korea, we extended the four-month period to no more than six months.<E T="03">See</E>letters to the Department from Hyosung Corporation and Hyundai Heavy Industries, dated December 22, 2011 and January 5, 2012, respectively. In the underlying investigation, the Department published the<E T="03">Preliminary Determination</E>on February 16, 2012.<E T="03">See Preliminary Determination</E>. Therefore, the six-month period beginning on the date of the publication of the<E T="03">Preliminary Determination</E>ended on August 13, 2012. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination.</P>

        <P>Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of large power transformers from Korea entered, or withdrawn from warehouse, for consumption after August 13, 2012, the date provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determination in the<E T="04">Federal Register</E>. Suspension of liquidation will resume on the date of publication of the ITC's final injury determination in the<E T="04">Federal Register</E>.</P>
        <P>The weighted-average dumping margins are as follows:</P>
        <GPOTABLE CDEF="s60,12" COLS="02" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Manufacturer/Exporter</CHED>
            <CHED H="1">Weighted-<LI>Average</LI>
              <LI>margin</LI>
              <LI>(percent)</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Hyundai Heavy Industries Co., Ltd.</ENT>
            <ENT>14.95</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hyosung Corporation</ENT>
            <ENT>29.04</ENT>
          </ROW>
          <ROW>
            <ENT I="01">All Others</ENT>
            <ENT>22.00</ENT>
          </ROW>
        </GPOTABLE>

        <P>This notice constitutes the antidumping duty order with respect to large power transformers from Korea pursuant to section 736(a) of the Act. Interested parties can find an updated list of antidumping duty orders currently in effect at<E T="03">http://ia.ita.doc.gov/stats/iastats1.html</E>.</P>
        <P>This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211.</P>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21613 Filed 8-30-12; 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-XC198</RIN>
        <SUBJECT>New England 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 New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Oversight Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This meeting will be held on Monday, September 18, 2012 at 9 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Fairfield Inn &amp; Suites, 185 MacArthur Drive, New Bedford, MA 02740; telephone: (774) 634-2000; fax: (774) 634-2001.</P>
          <P>
            <E T="03">Council address:</E>New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Committee will discuss the same issues identified above for the Advisory Panel meeting. In addition, the Committee will briefly review the overall findings of the recent biological opinion of the sea scallop fishery related to sea turtles and Atlantic sturgeon. Other business may be discussed.</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 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>This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at (978) 465-0492, 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>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21551 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="53179"/>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC203</RIN>
        <SUBJECT>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 Pacific Fishery Management Council's (Pacific Council) Model Evaluation Workgroup (MEW) will hold a work session to review work products individual members have been developing prior to submission to the 2012 salmon methodology review process. The meeting is open to the public.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The work session will be held Monday, September 17, 2012, from 12:30 p.m. to 3:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The work session will be held at the Northwest Indian Fisheries Commission Conference Room, 6730 Martin Way East, Olympia, WA 98516; telephone: (360) 438-1180.</P>
          <P>
            <E T="03">Council address:</E>Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Mike Burner or Mr. Chuck Tracy, Salmon Management Staff Officer, Pacific Council; telephone: (503) 820-2280.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The purpose of the work session is to review work products, including possible bias in the Fishery Regulation Assessment Model associated with multiple encounters during mark selective fisheries. The results of the analyses will be submitted for review during the Pacific Council's 2012 salmon methodology review process.</P>
        <P>Although non-emergency issues not contained in the meeting agendas may come before the MEW 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 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 Mr. Kris Kleinschmidt at (503) 820-2280 at least 5 days prior to the meeting date.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21553 Filed 8-30-12; 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-XC195</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 Seattle, WA.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 18-21, 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 Alaska Fishery Science Center, 7600 Sand Point Way NE., Building 4, Seattle, WA.</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; telephone: (907) 271-2809.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Plan Team meeting agenda includes: Final stock assessments and harvest specifications for Eastern Bering Sea (EBS) snow crab, Tanner crab, Saint Matthew blue king crab, Pribilof Islands blue king crab, Pribilof Islands red king crab and Bristol Bay red king crab. Additional discussions include model recommendations for Aleutian Islands golden king crab, Norton Sound red king crab, 2012 EBS survey results, reports from working groups on total catch accounting, recruitment and retrospective analyses, a review of the economic stock assessment fishery evaluation (SAFE) report and a discussion of plans for revising the use of Mature Male Biomass (MMB) in assessments with effective spawning biomass.</P>

        <P>The Agenda is subject to change, and the latest version will be posted at<E T="03">http://www.fakr.noaa.gov.</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>The meeting is 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: August 28, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21559 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">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 products and a 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>Comments Must be Received On or Before: 10/1/2012.</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>For further information or to submit comments, contact 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.<PRTPAGE P="53180"/>
        </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 products and service 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 requirements for small entities other than the small organizations that will furnish the products and service to the Government.</P>
        <P>2. If approved, the action will result in authorizing small entities to furnish the products 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 products and service 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 products and service are proposed for addition to the Procurement List for production by the nonprofit agencies listed:</P>
        <EXTRACT>
          <HD SOURCE="HD2">Products</HD>
          <FP SOURCE="FP-2">NSN: 1095-01-446-4348—Knife, Combat, Drop Point, Automatic, with Sheath.</FP>
          <FP SOURCE="FP-2">NSN: 1095-01-456-4457—Knife, Combat, Tanto Point, Automatic.</FP>
          <FP SOURCE="FP-2">NPA: DePaul Industries, Portland, OR.</FP>
          <FP SOURCE="FP-2">Contracting Activity: Defense Logistics Agency Land and Maritime, Columbus, OH.</FP>
          <FP SOURCE="FP-2">Coverage: C-List for 100% of the requirement of the Department of Defense, as aggregated by the Defense Logistics Agency Land and Maritime, Columbus, OH.</FP>
          <HD SOURCE="HD2">Service</HD>
          <FP SOURCE="FP-2">Service Type/Location: Custodial Services, U.S. Border Patrol Checkpoint 808, I-8 Westbound 70.8 Mile Marker, Winterhaven, CA.</FP>
          <FP SOURCE="FP-2">NPA: ARC-Imperial Valley, El Centro, CA.</FP>
          <FP SOURCE="FP-2">Contracting Activity: Dept of Homeland Security, U.S. Customs and Border Protection, Border Enforcement Contracting Division, Washington, DC.</FP>
        </EXTRACT>
        <SIG>
          <NAME>Barry S. Lineback,</NAME>
          <TITLE>Director, Business Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21564 Filed 8-30-12; 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; 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 services to the Procurement List that will be provided 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:</E>October 1, 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 6/15/2012 (77 FR 35942-35944) and 6/29/2012 (77 FR 38775-38776), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices 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 services and impact of the additions on the current or most recent contractors, the Committee has determined that the services 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 provide the services to the Government.</P>
        <P>2. 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>
        <HD SOURCE="HD1">End of Certification</HD>
        <P>Accordingly, the following services are added to the Procurement List:</P>
        <EXTRACT>
          <HD SOURCE="HD2">Services</HD>
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Custodial and Landscaping Services, Ft. Pierce U.S. Federal Courthouse, 101 South U.S. Highway 1, Ft. Pierce, FL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>Goodwill Industries of South Florida, Inc., Miami, FL.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>General Services Administration, Public Buildings Service, Atlanta, GA.</FP>
          
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Locations:</E>Custodial and Grounds Services, Anderson Federal Building-Courthouse, 315 South McDuffie Street, Anderson, SC.</FP>
          <FP SOURCE="FP1-2">Donald A. Russell Federal Building-Courthouse, 201 Magnolia Street, Spartanburg, SC.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>SC Vocations &amp; Individual Advancement, Inc., Greenville, SC.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>General Services Administration, Public Buildings Service, Atlanta, GA.</FP>
          
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Grounds Maintenance Service, National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility, Bldg. E105, Room 319, Wallops Island, VA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>Didlake, Inc., Manassas, VA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>National Aeronautics and Space Administration, Goddard Space Flight Center, Greenbelt, MD.</FP>
          
          <FP SOURCE="FP-2">
            <E T="03">Service Type/Location:</E>Custodial Service, National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility, Bldg. E105, Room 319, Wallops Island, VA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">NPA:</E>The ARC of the Virginia Peninsula, Inc., Hampton, VA.</FP>
          <FP SOURCE="FP-2">
            <E T="03">Contracting Activity:</E>National Aeronautics and Space Administration, Goddard Space Flight Center, Greenbelt, MD.</FP>
        </EXTRACT>
        <SIG>
          <NAME>Barry S. Lineback,</NAME>
          <TITLE>Director, Business Operations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21576 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6353-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <DEPDOC>[Transmittal Nos. 12-36]</DEPDOC>
        <SUBJECT>36(b)(1) Arms Sales Notification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense, Defense Security Cooperation Agency.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification.<PRTPAGE P="53181"/>This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.</P>
          <P>The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 12-36 with attached transmittal and policy justification.</P>
          <SIG>
            <DATED>Dated: August 28, 2012.</DATED>
            <NAME>Aaron Siegel,</NAME>
            <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
          </SIG>
          <BILCOD>BILLING CODE 5001-06-P</BILCOD>
          <GPH DEEP="517" SPAN="3">
            <GID>EN31AU12.025</GID>
          </GPH>
          <BILCOD>BILLING CODE 5001-06-C</BILCOD>
          <HD SOURCE="HD3">Transmittal No. 12-36</HD>
          <HD SOURCE="HD3">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended</HD>
          <P>(i)<E T="03">Prospective Purchaser:</E>Kingdom of Saudi Arabia.</P>
          <P>(ii)<E T="03">Total Estimated Value:</E>
          </P>
          <GPOTABLE CDEF="s50,xs56" COLS="2" OPTS="L0,tp0,p0,8/9,g1,t1,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">Major Defense Equipment*</ENT>
              <ENT>$ 0 million</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Other</ENT>
              <ENT>850 million</ENT>
            </ROW>
            <ROW>
              <ENT I="02">TOTAL</ENT>
              <ENT>850 million</ENT>
            </ROW>
          </GPOTABLE>
          <PRTPAGE P="53182"/>
          <P>(iii)<E T="03">Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:</E>Follow on support and services for the Royal Saudi Air Force (RSAF) aircraft, engines and weapons; publications and technical documentation; airlift and aerial refueling; support equipment; spare and repair parts; repair and return; personnel training and training equipment; U.S. Government and contractor technical and logistics support services; and other related elements of logistical and program support.</P>
          <P>(iv)<E T="03">Military Department:</E>Air Force (CCZ, Amd #7).</P>
          <P>(v)<E T="03">Prior Related Cases, if any:</E>
          </P>
          
          <FP SOURCE="FP-2">FMS case CCZ—$48.4M—12Aug02</FP>
          <FP SOURCE="FP-2">FMS case GAG—$38.0M—4Apr10</FP>
          <FP SOURCE="FP-2">FMS case KCZ—$95.4M—27Feb07</FP>
          <FP SOURCE="FP-2">FMS case KDB—$120.0M—15Feb10</FP>
          <FP SOURCE="FP-2">FMS case QAY—$147.4M—5Jun10</FP>
          <FP SOURCE="FP-2">FMS case QBI—$250.0M—16Jun10</FP>
          <FP SOURCE="FP-2">FMS case QDE—$202.4M—15Mar06</FP>
          <FP SOURCE="FP-2">FMS case QZQ—$54.3M—5May04</FP>
          <FP SOURCE="FP-2">FMS case QZX—$62.4M—24Dec03</FP>
          <P>(vi)<E T="03">Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid:</E>None.</P>
          <P>(vii)<E T="03">Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold:</E>None.</P>
          <P>(viii)<E T="03">Date Report Delivered to Congress:</E>6 August 2012.</P>
          <HD SOURCE="HD2">POLICY JUSTIFICATION</HD>
          <HD SOURCE="HD2">Kingdom of Saudi Arabia—Follow-On Support</HD>
          <P>The Kingdom of Saudi Arabia has requested a possible sale of follow-on support and services for the Royal Saudi Air Force aircraft, engines and weapons; publications and technical documentation; airlift and aerial refueling; support equipment; spare and repair parts; repair and return; personnel training and training equipment; U.S. Government and contractor technical and logistics support services; and other related elements of logistical and program support. The estimated cost is $850 million.</P>
          <P>This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country that has been, and continues to be, an important force for political stability and economic progress in the Middle East.</P>
          <P>Saudi Arabia needs this follow on support to continue to procure maintenance and logistical support in order to sustain the combat and operational readiness of its existing aircraft fleet.</P>
          <P>The proposed sale of this support and services will not alter the basic military balance in the region.</P>
          <P>There is no prime contractor involved in this proposed sale. There are no known offset agreements proposed in connection with this potential sale.</P>
          <P>Implementation of this sale will not require the assignment of any additional U.S. Government personnel or contractor representatives to Saudi Arabia.</P>
          <P>There will be no adverse impact on U.S. defense readiness as a result of this sale.</P>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21589 Filed 8-30-12; 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>
        <DEPDOC>[Transmittal Nos. 12-34]</DEPDOC>
        <SUBJECT>36(b)(1) Arms Sales Notification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Defense Security Cooperation Agency, Department of Defense.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.</P>
          <P>The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 12-34 with attached transmittal, policy justification and sensitivity of technology.</P>
          <SIG>
            <DATED>Dated: August 28, 2012.</DATED>
            <NAME>Aaron Siegel,</NAME>
            <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
          </SIG>
          <BILCOD>BILLING CODE 5001-06-P</BILCOD>
          <GPH DEEP="552" SPAN="3">
            <PRTPAGE P="53183"/>
            <GID>EN31AU12.026</GID>
          </GPH>
          <BILCOD>BILLING CODE 5001-06-C</BILCOD>
          <HD SOURCE="HD1">Transmittal No. 12-34</HD>
          <HD SOURCE="HD2">Notice of Proposed Issuance of Letter of Offer  Pursuant to Section 36(b)(1)  of the Arms Export Control Act, as amended (U)</HD>
          <P>(i)<E T="03">Prospective Purchaser:</E>Thailand</P>
          <P>(ii)<E T="03">Total Estimated Value:</E>
          </P>
          <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L0,tp0,p0,8/9,g1,t1,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">Major Defense Equipment*</ENT>
              <ENT>$15</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Other</ENT>
              <ENT>3</ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total (millions)</ENT>
              <ENT>18</ENT>
            </ROW>
            <TNOTE>* as defined in Section 47(6) of the Arms Export Control Act.</TNOTE>
          </GPOTABLE>
          <P>(iii)<E T="03">Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:</E>Nine Evolved SEASPARROW Missiles (ESSM); three MK25 Quad Pack canisters; and four MK783 shipping containers; spare and repair parts; support and test equipment; publications and technical documentation; personnel training and training equipment; U.S. Government and contractor engineering; technical and logistics support services; and technical assistance; and other related elements of logistical and program support.</P>
          <P>(iv)<E T="03">Military Department:</E>Navy (AKL)<PRTPAGE P="53184"/>
          </P>
          <P>(v)<E T="03">Prior Related Cases, if any:</E>None</P>
          <P>(vi)<E T="03">Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid:</E>None</P>
          <P>(vii)<E T="03">Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold:</E>See Attached Annex</P>
          <P>(viii)<E T="03">Date Report Delivered to Congress:</E>7 August 2012.</P>
          <HD SOURCE="HD1">POLICY JUSTIFICATION</HD>
          <HD SOURCE="HD2">Thailand—Evolved SEASPARROW Missiles (ESSM),</HD>
          <P>The Government of Thailand has requested a possible sale of nine Evolved SEASPARROW Missiles (ESSM); three MK25 Quad Pack canisters; and four MK783 shipping containers; spare and repair parts; support and test equipment; publications and technical documentation; personnel training and training equipment; U.S. Government and contractor engineering; technical and logistics support services; and technical assistance and other related elements of logistical and program support. The estimated cost is $18 million.</P>
          <P>This proposed sale will contribute to the foreign policy and national security of the United States by increasing the ability of Thailand to contribute to regional security and improving interoperability with the U.S. Military in operational and exercise scenarios. It is consistent with U.S. national interests to assist Thailand in developing and maintaining a strong and ready ship self-defense capability which will contribute to the military balance in the area.</P>
          <P>ESSM provides ship self-defense capability. The proposed sale will add to Thailand's capability to meet current and future threats from anti-ship weapons.</P>
          <P>The proposed FMS case includes support equipment, training and technical assistance required for the RTN to effectively incorporate the ESSM into its fleet. With this support, the RTN will have no difficulty absorbing the ESSM into its frigates and being fully operational.</P>
          <P>The proposed sale of this equipment and support will not alter the basic military balance in the region.</P>
          <P>Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Thailand.</P>
          <P>The prime contractors will be Raytheon Missile Systems in Tucson, Arizona and BAE Systems in Aberdeen, South Dakota.</P>
          <P>There are no known offset agreements proposed in connection with this potential sale.</P>
          <P>There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.</P>
          <HD SOURCE="HD1">Transmittal No. 12-34</HD>
          <HD SOURCE="HD2">Notice of Proposed Issuance of Letter of Offer  Pursuant to Section 36(b) (1)  of the Arms Export Control Act</HD>
          <HD SOURCE="HD3">Annex—Item No. vii</HD>
          <HD SOURCE="HD3">(vii) Sensitivity of Technology</HD>
          <P>1. The Evolved SEASPARROW missile (ESSM) includes the guidance section, warhead section, transition section, propulsion section, control section and Thrust Vector Control (TVC). The guidance section and transition section and technical documentation to be provided under this sale are classified Confidential. Certain operating frequencies and performance characteristics of the missile guidance section are classified Secret.</P>
          <P>2. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, primarily performance characteristics, engagement algorithms and transmitter specific frequencies, the information could be used to develop countermeasures that might reduce weapon system effectiveness.</P>
          <P>3. Release of this technology is within the disclosure authority delegated for Thailand as stipulated in the National Disclosure Policy (NDP-1).</P>
          
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21590 Filed 8-30-12; 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>
        <DEPDOC>[Transmittal Nos. 12-22]</DEPDOC>
        <SUBJECT>36(b)(1) Arms Sales Notification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense, Defense Security Cooperation Agency.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.</P>
          <P>The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 12-22 with attached transmittal, and policy justification.</P>
          <SIG>
            <DATED>Dated: August 27, 2012.</DATED>
            <NAME>Aaron Siegel,</NAME>
            <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
          </SIG>
          <BILCOD>BILLING CODE 5001-06-P</BILCOD>
          <GPH DEEP="483" SPAN="3">
            <PRTPAGE P="53185"/>
            <GID>EN31AU12.022</GID>
          </GPH>
          <HD SOURCE="HD1">Transmittal No. 12-22</HD>
          <HD SOURCE="HD2">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended</HD>
          <P>(i)<E T="03">Prospective Purchaser:</E>Kingdom of Saudi Arabia (KSA)</P>
          <P>(ii)<E T="03">Total Estimated Value:</E>
          </P>
          <GPOTABLE CDEF="s50,xs56" COLS="2" OPTS="L0,tp0,p0,8/9,g1,t1,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">Major Defense Equipment*</ENT>
              <ENT>$ 2 million.</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Other</ENT>
              <ENT>255 million.</ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total</ENT>
              <ENT>257 million.</ENT>
            </ROW>
            <TNOTE>
              <SU>*</SU>as defined in 47(6) of the Arms Export Control Act.</TNOTE>
          </GPOTABLE>
          <P>(iii)<E T="03">Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:</E>Ten Link-16 capable data link systems and Intelligence, Surveillance, and Reconnaissance (ISR) suites for four KSA-provided King Air 350ER aircraft and associated ground support, with an option to procure, via Foreign Military Sales, an additional four King Air 350ER aircraft with enhanced PT6A-67A engines and spare parts equipped with the same ISR suites. The ISR suites include a Com-Nav Surveillance/Air Traffic Management cockpit, RF-7800M-MP High Frequency Radios with encryption, AN/ARC-210 Very High Frequency/Ultra High Frequency/Satellite Communication Transceiver Radios with Have Quick II and encryption, a High Speed Data Link, an AN/APX-114/119 Identification Friend or Foe Transponder, Embedded Global Positioning System/Inertial Navigations Systems (GPS/INS) with a Selective Availability Anti-spoofing Module (SAASM), AN/AAR-60 Infrared Missile Warning and AN/ALE-47 Countermeasures System, Electro-Optical Sensor, SIGINT System, Synthetic Aperture Radar. Also included are Ground Stations, Training Aids, C4I Integration, aircraft modifications, spare and repair parts, support equipment, publications and technical data, personnel training and training equipment, aircraft ferry, U.S. Government and contractor technical, engineering, and logistics support<PRTPAGE P="53186"/>services, and other related elements of logistics support.</P>
          <P>(iv)<E T="03">Military Department:</E>Air Force (QBP)</P>
          <P>(v)<E T="03">Prior Related Cases, if any:</E>None</P>
          <P>(vi)<E T="03">Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid:</E>none</P>
          <P>(vii)<E T="03">Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold:</E>See Annex attached</P>
          <P>(viii)<E T="03">Date Report Delivered to Congress:</E>9 Aug 2012</P>
          <HD SOURCE="HD1">POLICY JUSTIFICATION</HD>
          <HD SOURCE="HD2">Kingdom of Saudi Arabia—King Air 350ER Intelligence, Surveillance, and Reconnaissance (ISR) Aircraft and Support</HD>
          <P>The Government of the Kingdom of Saudi Arabia (KSA) has requested a possible sale of ten Link-16 capable data link systems and Intelligence, Surveillance, and Reconnaissance (ISR) suites for four KSA-provided King Air 350ER aircraft and associated ground support, with an option to procure, via a Foreign Military Sales, an additional four King Air 350ER aircraft with enhanced PT6A-67A engines and spare parts equipped with the same ISR suites. The ISR suites include a Com-Nav Surveillance/Air Traffic Management cockpit, RF-7800M-MP High Frequency Radios with encryption, AN/ARC-210 Very High Frequency/Ultra High Frequency/Satellite Communication Transceiver Radios with Have Quick II and encryption, a High Speed Data Link, an AN/APX-114/119 Identification Friend or Foe Transponder, Embedded Global Positioning System/Inertial Navigations Systems (GPS/INS) with a Selective Availability Anti-spoofing Module (SAASM), AN/AAR-60 Infrared Missile Warning and AN/ALE-47 Countermeasures System, Electro-Optical Sensor, SIGINT System, Synthetic Aperture Radar. Also included are Ground Stations, Training Aids, C4I Integration, aircraft modifications, spare and repair parts, support equipment, publications and technical data, personnel training and training equipment, aircraft ferry, U.S. Government and contractor technical, engineering, and logistics support services, and other related elements of logistics support. The estimated cost is $257 million.</P>
          <P>This proposed sale of airborne ISR assets to KSA will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country that has been, and continues to be, an important force for political stability and economic progress in the Middle East.</P>
          <P>The RSAF needs additional ISR capability to provide persistent, real-time route surveillance, facility, infrastructure and border security, counter-terrorism and smuggling interdiction, support for naval and coastal operations, internal defense and search and rescue operations. Currently, the RSAF's RE-3 aircraft is in depot maintenance and will not be available until after 2015. In the interim, the King AIR 350ER-ISR aircraft will allow the RSAF to perform a portion of the RE-3 mission. All systems will be compatible with and will continue to supplement the capabilities of the RSAF RE-3 aircraft. The KSA will have no difficulties absorbing and using these King Air ISR aircraft.</P>
          <P>The proposed sale of this equipment and support will not alter the basic military balance in the region.</P>
          <P>The prime contractors will be L-3 Communications, Mission Integration Division in Greenville, Texas; Hawker Beechcraft in Wichita, Kansas; Raytheon in Aberdeen Proving Grounds, Maryland; Rockwell Collins in Cedar Rapids, Iowa; Harris in Rochester, New York; ATK in Ridgecrest, California; BAE Systems in Austin, Texas; and VIASAT in Carlsbad, California. There are no known offset agreements proposed in connection with this potential sale.</P>
          <P>Implementation of this proposed sale will involve annual Program Management Reviews in Saudi Arabia. Estimated U.S. participation will include up to six USAF personnel and four contractor personnel for a period of up to six weeks per year. There will be approximately six contractors in Saudi Arabia providing technical assistance on a full-time basis until these systems are delivered and integrated into the operational units.</P>
          <P>There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.</P>
          <HD SOURCE="HD1">Transmittal No. 12-22</HD>
          <HD SOURCE="HD2">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act</HD>
          <HD SOURCE="HD3">Annex—Item No. vii</HD>
          <HD SOURCE="HD3">(vii)<E T="03">Sensitivity of Technology</E>
          </HD>
          <P>1. This sale will involve the release of classified and sensitive technology to the Kingdom of Saudi Arabia (KSA). The King Air 350ER-ISR system will be classified up to Secret.</P>
          <P>2.<E T="03">King Air 350ER:</E>The King Air 350ER Intelligence, Surveillance, and Reconnaissance (ISR) aircraft is a specifically modified B350ER capable of operating in austere environments while providing real-time ISR. It is equipped with an integrated electro-optical and infrared (EO/IR), Eye-safe Laser Range Finder and Laser Pointer sensor suite which gives it a day/night ISR capability. Additionally, the aircraft will have a signal intercept system capable of searching, direction finding (geo-locating), collection, and on-board analysis of simple signals of interest in the very high frequency (VHF) and ultra high frequency (UHF) broadcast bands. It will also have synthetic aperture radar (SAR) to provide spot and strip ground mapping along with ground moving target indicator (GMTI) modes. It will also have two onboard workstations that will control the intercept system while one workstation will control the EO/IR system. The system will provide voice and data communication with personnel on the ground to share collected data (more details on specific equipment listed below). Aircraft hardware and software are Unclassified; technical data and documentation to be provided are Unclassified.</P>
          <P>3.<E T="03">Signals Intelligence Collection and Processing System:</E>This will be a tactical signals intelligence (SIGINT) intercept system that will search, direction-find, geo-locate, collect, and display the relevant information to two operators for analysis and recording. Hardware, software, technical data and documentation provided could be classified up to Secret.</P>
          <P>4.<E T="03">Electro-Optical Infrared System (Wescam MX-15 or suitable substitute):</E>This is a gyro-stabilized, multi-spectral, multi-field of view EO/IR system. The system provides color daylight TV and night time IR video with a laser range finder and laser pointer through use of an externally mounted turret sensor unit and internally mounted sensor control. Video imagery is displayed in the aircraft real time and may be recorded for subsequent ground analysis. Hardware and technical data and documentation to be provided are Unclassified.</P>
          <P>5.<E T="03">Synthetic Aperture Radar (Selex Galileo Picosar or suitable substitute</E>): This is an active electronically scanned array (AESA) radar providing strip and spotlight SAR imaging and ground moving target indicator (GMTI) capability for all-weather and wide range surveillance. Hardware and technical data and documentation to be provided are Unclassified.</P>
          <P>6.<E T="03">Link 16:</E>This is a command, control, communications, and intelligence (C3I) system incorporating high-capacity, jam-resistant, digital communication links for exchange of<PRTPAGE P="53187"/>near real-time tactical information, including both data and voice, among air, ground, and sea elements. The Link 16 hardware, publications, performance specifications, operational capability, parameters, vulnerabilities to countermeasures, and software documentation are classified Confidential. The classified information to be provided is necessary for the operation, maintenance, and repair (through intermediate level) of the data link terminal, installed systems, and related software.</P>
          <P>7.<E T="03">Remote Operation Video Enhanced Receive (ROVER</E>): This system allows personnel on the ground to receive the generated video and overlays, but not aircraft overlays. This system is Unclassified and has no critical technology.</P>
          <P>8.<E T="03">Ultra High Frequency/Very High Frequency (UHF/VHF) Radios (AN/ARC-210</E>): The ARC 210 [RT-1851A (C)] UHF/VHF secure radios with HAVE QUICK II are voice communications radio systems that can operate in either normal, secure, and/or jam-resistant modes. They can employ cryptographic technology that is classified Secret. Classified elements include operating characteristics, parameters, technical data, and keying material.</P>
          <P>9.<E T="03">UHF/VHF Air-to-Ground Radio (RF-7800M-MP</E>): This is a wideband air-to-ground tactical radio incorporating encrypted voice and data communication. Classified elements, up to Secret, include operating characteristics, parameters, technical data, and keying material.</P>
          <P>10.<E T="03">Identification Friend or Foe transponder interrogator system (AN/APX-114/119</E>): This system is Unclassified unless encrypted Mode 4 operational evaluator parameters, which are Secret, are loaded into the equipment.</P>
          <P>11.<E T="03">Inertial Navigation/Global Positioning System (INS/GPS) (LN-100 or H764G</E>): This is a highly accurate inertial navigation system with an embedded GPS for blended GPS/INS, free-inertial, and GPS only navigation solutions. Classified elements up to Secret include a Selective Availability Anti-spoofing Module (SAASM) for decryption of precision GPS signals.</P>
          <P>12.<E T="03">Counter-Measures Dispensing System (CMDS) (AN/ALE-47):</E>The CMDS is an integrated, threat-adaptive, software-programmable dispensing system capable of dispensing chaff, flares, and active radio frequency expendables. The threats countered by the CMDS include radar-directed anti-aircraft artillery (AAA), radar command-guided missiles, radar homing-guided missiles, and infrared (IR) guided missiles. The system is internally mounted and may be operated as a stand-alone system or may be integrated with other on-board EW and avionics systems. The AN/ALE-47 uses threat data received over the aircraft interfaces to assess the threat situation and to determine a response. Expendable routines tailored to the immediate aircraft and threat environment may be dispensed using one of four operational modes. The hardware is Confidential. The software when loaded into the ALE-47 is classified Confidential. Technical data and documentation to be provided are Unclassified.</P>
          <P>13.<E T="03">Missile Launch Detection System (MLDS) (AN/AAR-60</E>): The MLDS is a passive, true imaging sensor device that is optimized to detect the radiation signature of a threat missile's exhaust plume within the Ultra-Violet (UV) solar blind spectral band. Functionally, the architecture detects incoming missile threats and indicates their direction of arrival with the ‘maximum' warning time. The system is further noted as featuring inherently high-spatial resolution, advanced temporal processing, a very high declaration rate, and the virtual elimination of false alarm rates, fast threat detection and the automatic initiation of appropriate countermeasures. Physically, a typical application comprises four to six self-contained detector units each of which provides full signal processing. Hardware, software, and technical data and documentation to be provided are Unclassified.</P>
          <P>14. Additional sensitive areas include operating manuals and maintenance technical orders containing performance information, operating and test procedures, and other information related to support operations and repair. The hardware, software, and data identified are classified to protect vulnerabilities, design and performance parameters and other similar critical information.</P>
          <P>15. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software, the information could be used to develop countermeasures, which might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.</P>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21451 Filed 8-30-12; 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>Advisory Council on Dependents' Education; Notice of Open Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense Education Activity (DoDEA), DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Open meeting notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, the Department of Defense announces that the following Federal advisory committee meeting of the Advisory Council on Dependents' Education will take place.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Tuesday, October 16, 2012, Alexandria, Virginia (via Video Teleconference or Telephone Conference), from 8 a.m. to 12 p.m., Eastern Daylight Savings Time (EDST); Stuttgart and Wiesbaden, Germany, from 2 p.m. to 6 p.m., Central European Summer Time (CEST); Okinawa, Japan, from 9 p.m. to 1 a.m., Japan Standard Time (JST); Honolulu, Hawaii, from 2 a.m. to 6 a.m., Hawaii-Aleutian Standard Time (H-AST); Peachtree City, Georgia, from 8 a.m. to 12 p.m., Eastern Daylight Savings Time (EDST).</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>4800 Mark Center Drive, Alexandria, VA 22350; USAG Stuttgart, Stuttgart, Germany; DoDDS-Europe Area Office, Wiesbaden, Germany; DoDDS-Pacific Area Office, Okinawa, Japan; Pacific Command, Honolulu, Hawaii; DDESS Area Office, Peachtree City, Georgia.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Joel K. Hansen at (571) 372-5812 or<E T="03">Joel.Hansen@hq.dodea.edu.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Meeting:</E>Recommend to the Director, DoDEA, general policies for the operation of the Department of Defense Dependents Schools (DoDDS); to provide the Director with information about effective educational programs and practices that should be considered by DoDDS; and to perform other tasks as may be required by the Secretary of Defense.</P>
        <P>
          <E T="03">Agenda:</E>The meeting agenda will reflect current DoDDS schools operational status, educational practices, and other educational matters that come before the Council.</P>
        <P>
          <E T="03">Public 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 limited and is on a first-come basis. All members of the public who wish to attend the public meeting at the Mark<PRTPAGE P="53188"/>Center must contact Mr. Joel Hansen at the number listed in<E T="02">FOR FURTHER INFORMATION CONTACT</E>no later than noon on Tuesday, October 9, 2012, to make arrangements for entrance to the Mark Center. The public attendees should arrive at the Mark Center no later than 7:30 a.m. on October 16. To receive access to the Mark Center, please come prepared to present a picture identification card.</P>
        <P>
          <E T="03">Committee's Point of Contact:</E>Mr. Joel K. Hansen at (571) 372-5812, 4800 Mark Center Drive, Alexandria, VA 22350 or<E T="03">Joel.Hansen@hq.dodea.edu.</E>
        </P>
        <P>
          <E T="03">Special Accommodations:</E>Individuals requiring special accommodations to access the public meeting should contact Mr. Hansen at least five (5) business days prior to the meeting so that appropriate arrangements can be made.</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 Advisory Council on Dependents' Education about its mission and functions. Written statements may be submitted at any time or in response to the stated agendas of the planned meeting of the Advisory Council on Dependents' Education.</P>

        <P>All written statements shall be submitted to the Designated Federal Officer (DFO) for the Advisory Council on Dependents' Education, Mr. Joel K. Hansen, 4800 Mark Center Drive, Alexandria, VA 22350;<E T="03">Joel.Hansen@hq.dodea.edu.</E>
        </P>

        <P>Statements being submitted in response to the agendas mentioned in this notice must be received by the DFO at the address listed in<E T="02">FOR FURTHER INFORMATION CONTACT</E>at least fourteen calendar days prior to the meeting, which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Advisory Council on Dependents' Education until its next meeting.</P>
        <P>The DFO will review all timely submissions with the Advisory Council on Dependents' Education Chairpersons and ensure they are provided to all members of the Advisory Council on Dependents' Education before the meeting that is the subject of this notice.</P>
        <P>
          <E T="03">Oral Statements by the Public to the Membership:</E>Pursuant to 41 CFR 102-3.140(d), time will be allotted for public comments to the Advisory Council on Dependents' Education. Individual comments will be limited to a maximum of five minutes duration. The total time allotted for public comments will not exceed thirty minutes.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Aaron Siegel,</NAME>
          <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21534 Filed 8-30-12; 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 Army</SUBAGY>
        <SUBJECT>Advisory Committee on Arlington National Cemetery (ACANC)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open committee meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (41 CFR 102-3. 140 through 160), the Department of the Army announces the following committee meeting:</P>
          <P>
            <E T="03">Name of Committee:</E>Advisory Committee on Arlington National Cemetery.</P>
          <P>
            <E T="03">Date of Meeting:</E>Thursday, September 13, 2012.</P>
          <P>
            <E T="03">Time of Meeting:</E>9:30 a.m.-4:00 p.m.</P>
          <P>
            <E T="03">Place of Meeting:</E>Women in Military Service for America Memorial, Conference Room, Arlington National Cemetery, Arlington, VA.</P>
          <P>
            <E T="03">Proposed Agenda:</E>Purpose of the meeting is to approve minutes from the previous meeting on March 8, 2012; provide updates on the three subcommittees' efforts; receive updates from the Army National Cemeteries Program leadership and Arlington National Cemetery's Horticulture Division; and set the proposed calendar for follow-on meetings.</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. Seating is on a first-come basis.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lieutenant Colonel Stephanie Ahern;<E T="03">stephanie.ahern@us.army.mil</E>or 571.256.4325.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The following topics are on the agenda for discussion:</P>
        
        <FP SOURCE="FP-2">○ Army National Cemeteries Program leadership update</FP>
        <FP SOURCE="FP-2">○ Arlington National Cemetery Horticulture Division update</FP>
        <FP SOURCE="FP-2">○ Subcommittee Activities:</FP>
        <FP SOURCE="FP1-2">“Honor” Subcommittee: independent recommendations of methods to address the long-term future of Arlington National Cemetery, including how best to extend the active burials and on what ANC should focus once all available space has been used.</FP>
        <FP SOURCE="FP1-2">“Remember” Subcommittee: recommendations on preserving the marble components of the Tomb of the Unknown Soldier, including the cracks in the large marble sarcophagus, the adjacent marble slabs, and the potential replacement of the marble stone for the sarcophagus already gifted to the Army.</FP>
        <FP SOURCE="FP1-2">“Explore” Subcommittee: recommendations on Section 60 Mementos study and improving the quality of visitors' experiences, now and for generations to come.</FP>
        <P>The Committee's mission is to provide the Secretary of Defense, through the Secretary of the Army, independent advice and recommendations on Arlington National Cemetery, including, but not limited to:</P>
        <P>a. Management and operational issues, including bereavement practices;</P>
        <P>b. Plans and strategies for addressing long-term governance challenges;</P>
        <P>c. Resource planning and allocation; and</P>
        <P>d. Any other matters relating to Arlington National Cemetery that the Committee's co-chairs, in consultation with the Secretary of the Army, may decide to consider.</P>
        <P>
          <E T="03">Filing Written Statement:</E>Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow the public to speak; however, interested persons may submit a written statement for consideration by the Committee. Written statements must be received by the Designated Federal Officer at the following address: Advisory Committee on Arlington National Cemetery, Attn: Designated Federal Officer (DFO) (LTC Ahern), Arlington National Cemetery, Arlington, Virginia 22211 not later than 5:00 p.m., Monday, September 10, 2012. Written statements received after this date may not be provided to or considered by the Advisory Committee on Arlington National Cemetery until the next open meeting. The Designated Federal Officer will review all timely submissions with the Committee Chairperson and ensure they are provided to the members of the Advisory Committee on Arlington National Cemetery.</P>
        <SIG>
          <NAME>Brenda S. Bowen,</NAME>
          <TITLE>Army Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21570 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3710-08-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="53189"/>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Public Meetings for the Draft Legislative Environmental Impact Statement for the Proposed Renewal of the Chocolate Mountain Aerial Gunnery Range Land Withdrawal, California</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
          <FP>Cooperating Agencies: Bureau of Reclamation and Bureau of Land Management, Department of the Interior.</FP>
        </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 of 1969 (NEPA) (42 U.S.C. 4321-4370h); the Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 CFR 1500-1508); Department of the Navy (DoN) Procedures for Implementing NEPA (32 CFR Part 775); and Marine Corps NEPA directives (Marine Corps Order P5090.2A), the DoN, in cooperation with the Bureau of Land Management (BLM) and Bureau of Reclamation, has prepared and filed with the U.S. Environmental Protection Agency a Draft Legislative Environmental Impact Statement (LEIS) that evaluates the potential environmental consequences that may result from renewing the withdrawal of approximately 228,465 acres of public land for continued use as part of the Chocolate Mountain Aerial Gunnery Range (CMAGR) in Imperial and Riverside counties, California.</P>
          <P>With the filing of the Draft LEIS, the United States Marine Corps (USMC) is initiating a 90-day public comment period and has scheduled four public meetings to receive oral and written comments on the Draft LEIS. Federal, state, and local agencies; Native American tribes; and interested parties are encouraged to provide comments in person at any of the public meetings, or in writing anytime during the public comment period. This notice announces the dates and locations of the public meetings and provides supplementary information about the environmental planning effort. These public meetings also meet the requirement set forth in Section 806 of the California Desert Protection Act for the Secretary of the Navy to hold a public hearing in the State of California to receive public comments on the Draft LEIS.</P>
        </SUM>
        <PREAMHD>
          <HD SOURCE="HED">DATES AND ADDRESSES:</HD>
          <P>The Draft LEIS public review period will begin on August 31, 2012 and end on November 30, 2012. All comments regarding the Draft LEIS must be received by November 30, 2012 to ensure full consideration in the Final LEIS. Each of the four public meetings will be conducted in an open house meeting format. The public meetings will be held from 5:30 p.m. to 8:00 p.m. on the following dates and at the following locations:</P>
          <P>1. October 22, 2012 at the Yuma County Library, 2951 S. 21st Drive, Rooms B-C, Yuma, AZ.</P>
          <P>2. October 23, 2012 at the Southwest High School, 2001 Ocotillo Dr., El Centro, CA.</P>
          <P>3. October 24, 2012 at the Mizell Senior Center, 480 South Sunrise Way, Palm Springs, CA.</P>
          <P>4. October 25, 2012 at the Oceanside Public Library, 330 North Coast Highway, Oceanside, CA.</P>
          <P>Public meeting schedules and locations will also be published in local newspapers. The public is invited to attend these meetings to view project-related displays; speak with DoN, the USMC, and Department of the Interior representatives; and submit public comments.</P>
          <P>
            <E T="03">Availability of the Draft LEIS:</E>The Draft LEIS is available at the project Web site,<E T="03">www.chocolatemountainrenewal.com</E>and at the following local libraries:</P>
          <P>1. County Library (Main Branch): 2951 S. 21st Drive, Yuma, AZ.</P>
          <P>2. Public Library: 400 Main Street, Brawley, CA.</P>
          <P>3. Public Library (San Ysidro Branch): 101 W. San Ysidro Blvd., San Diego, CA.</P>
          <P>4. Palo Verde Valley Library: 125 West Chanslor Way, Blythe, CA.</P>
          <P>5. Community Center Branch Library: 375 South 1st Street, El Centro, CA.</P>
          <P>
            <E T="03">Comments:</E>Attendees will be able to submit written comments at the public meetings. A court reporter will be available to accept oral comments. Equal weight will be given to oral and written statements. Comments on the Draft LEIS may be submitted by: (1) Attending one of the public hearings and providing oral or written comments, (2) completing the comment form on the project's public Web site at<E T="03">www.chocolatemountainrenewal.com/Comment/Default.aspx,</E>or (3) by sending a letter to the CMAGR LEIS Project Manager (Attn: Ms. Kelly Finn), NAVFAC Southwest, 1220 Pacific Highway, Building 1 Central IPT, San Diego, CA 92132-5190. All comments must be postmarked or electronically dated no later than November 30, 2012 to ensure they become part of the public record. All statements (oral transcription and written) submitted during the public review period will become part of the public record on the Draft LEIS and will be addressed in the Final LEIS. Before including your address, telephone number, email address, or other personal identifying information in your comment, please be aware that your entire comment—including any personal identifying information—may be made publicly available at any time. Although requests can be made to withhold personal identifying information from public review, it may not be possible to keep this information from disclosure.</P>
        </PREAMHD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>CMAGR LEIS Project Manager (Attn: Ms. Kelly Finn), NAVFAC Southwest, 1220 Pacific Highway, Building 1 Central IPT, San Diego, CA 92132-5190; phone 619-532-4452. Additional supplementary information regarding the CMAGR Draft LEIS is available at<E T="03">www.chocolatemountainrenewal.com.</E>Please submit requests for special assistance, sign language interpretation for the hearing impaired, or other auxiliary aids needed at the public meetings to the LEIS Project Manager at least five business days before the meeting date.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>A Notice of Intent to prepare the Draft LEIS was published in the<E T="04">Federal Register</E>on September 24, 2010 (Vol. 75, No. 185, p. 58370).</P>
        <P>
          <E T="03">Purpose and Need:</E>The CMAGR has served as an aerial bombing and gunnery training range since the 1940s, and currently provides approximately 458,530 acres (about 716 square miles) of land to support military training. Training at the CMAGR is also supported by overlying and adjacent special-use airspace that extends laterally for several thousands of square miles. The CMAGR is needed to provide live-fire training that is essential for developing and maintaining the readiness of USMC and Navy aviators. The range is also vital for training select USMC and Navy land combat forces; including Naval Special Warfare (NSW) forces. Among other activities, the CMAGR and associated airspace supports training in air combat maneuvering and tactics; close air support (where air-to-ground ordnance is delivered directly in support of friendly forces); airborne laser system operations; air-to-air gunnery; and air-to-ground bombing, rocketry, and strafing. Ground-based artillery, demolition, small arms, and NSW training are also conducted within the range. The CMAGR is a centerpiece in a much larger training complex that incorporates adjacent and nearby special use airspaces and ranges to<PRTPAGE P="53190"/>support full-spectrum combat operations so that Marines can realistically train as they will fight.</P>
        <P>The purpose of renewing the CMAGR land withdrawal is to retain the training range. The U.S. military is fully invested in the principle that high quality training is essential to the success and survival of its forces in combat; the CMAGR is needed to provide the quality training that provides a realistic approximation of the conditions that Marines, sailors, airmen, and soldiers will face in combat as individuals and in small or large units. Access to ranges that offer flexible, diverse, and realistic training is essential to preparing tactical forces of the highest possible quality. Thus, the necessity of keeping the CMAGR fully in service can best be understood from two main perspectives: (1) The necessity of providing high quality training and (2) the superlative qualities of the CMAGR for supporting that training.</P>
        <P>
          <E T="03">Proposed Action:</E>The Proposed Action is to renew the military land withdrawal and reservation of the CMAGR. The Proposed Action includes four elements: (1) Defining a proposed range boundary and land withdrawal area; (2) either a set duration for the proposed land withdrawal with an option for requesting a subsequent renewal, a land withdrawal without a termination date, or transferring the land to the DoN; (3) proposals for redefining DoN and BLM management responsibilities for the CMAGR; and (4) provisions for the disposal and management of land that is not included in the renewal.</P>
        <P>
          <E T="03">Alternatives Considered in the Draft LEIS:</E>A range of alternatives for the proposed renewal and administration of the CMAGR land withdrawal were developed in consideration of comments received from the public, Native American tribes, and government agencies during the scoping process. Four action alternatives (Alternatives 1 through 4) would renew the land withdrawal and keep the CMAGR available to support military training. The no-action alternative (Alternative 5) would allow the current land withdrawal to expire in October 2014, which would result in the closure of the CMAGR for military training.</P>
        <P>The Draft LEIS evaluates realigning the CMAGR boundary in three locations: South of the Niland-Blythe Road on the eastern side of the range, along the Bradshaw Trail at the northern end of the range, and along the Union Pacific Railroad (UPRR) at the southwestern side of the range. The Bradshaw Trail and UPRR realignments are proposed to align the CMAGR boundary with these prominent geographic features, which would increase public awareness of the location of the range boundary and facilitate maintenance of prohibited entry and hazardous area warning signs along the CMAGR perimeter.</P>
        <P>Two parcels of currently withdrawn BLM land located south of the Niland-Blythe Road, which are not needed for military purposes, are proposed to be excluded from the withdrawal renewal.</P>
        <P>Two alternatives for realigning the CMAGR boundary along the south side of the Bradshaw Trail are considered in the Draft LEIS. The full Bradshaw Trail realignment would align the CMAGR boundary along the southern side of the trail for the entire 36 miles over which it intersects the range. The full realignment would (1) release about 647 acres of DoN land and about 1,924 acres of currently withdrawn BLM land, including the Bradshaw Trail National Backcountry Byway, north of the realigned boundary from the CMAGR and (2) require the first-time withdrawal of about 530 acres of BLM land and potential acquisition of about 455 acres of private and 10 acres of State land to the interior of the new boundary. The land proposed for release is not needed for military purposes. The partial Bradshaw Trail realignment would align the CMAGR boundary along the southern side of an aggregate of about 20 miles of segments of the Bradshaw Trail that traverse either DoN or currently withdrawn BLM land. This action would release about 647 acres of DoN land and about 1,640 acres of currently withdrawn BLM land from the ranges that are not needed for military purposes. The boundary would not be realigned from its present locations where BLM, State, or private land south of the Bradshaw Trail is not presently part of the CMAGR.</P>
        <P>The proposed UPRR realignment on the southwestern side of the CMAGR would follow the eastern side of the UPRR right-of-way, the northern side of the Mesquite Regional Landfill Rail Spur right-of-way, and an existing road. This action would include (1) the first-time withdrawal of about 11,903 acres of BLM land that are not currently in the CMAGR and (2) the potential acquisition of about 658 acres of State land.</P>
        <P>The boundary realignment proposals create four boundary and land withdrawal alternatives:</P>
        <P>1. Renew the CMAGR boundary and land withdrawal area without change from the existing condition (Alternative 1).</P>
        <P>2. Renew the CMAGR boundary and land withdrawal area per the existing conditions except incorporate the full Bradshaw Trail, UPRR, and south of Niland-Blythe Road realignments (Alternative 2).</P>
        <P>3. Renew the CMAGR boundary and land withdrawal area per the existing conditions except incorporate the full Bradshaw Trail and south of Niland-Blythe Road realignments (Alternative 3).</P>
        <P>4. Renew the CMAGR boundary and land withdrawal area per the existing conditions except incorporate only the partial Bradshaw Trail realignment (Alternative 4).</P>
        <P>The boundary realignment and land withdrawal area proposals of Alternatives 2, 3, and 4 would each release some BLM and DoN land from the CMAGR. Alternatives considered for the disposal and management of land released from range include:</P>
        <P>1. Released DoN land would be transferred to BLM; BLM would manage transferred DoN and formerly withdrawn BLM land per FLPMA (Alternative 2).</P>
        <P>2. Released DoN land would be disposed of through existing General Services Administration (GSA) authorities and procedures; DoN would manage released land per the Sikes Act until disposal is complete and BLM would manage formerly withdrawn BLM land per FLPMA (Alternatives 3 and 4).</P>
        <P>Three options are proposed for the duration of the renewed CMAGR land withdrawal: 20 years (Alternative 1, existing condition); 25 years (Alternatives 2 and 4); or indefinite (Alternative 3).</P>
        <P>Three options are proposed for administering federal land management responsibilities for the DoN and BLM lands within the current CMAGR boundary and for BLM land that may be included in the range for the first time as a part of a proposed boundary realignment. The options include:</P>
        <P>1. Retain the existing DoN and BLM management assignments within the renewed CMAGR, which provide that the DoN is responsible for managing DoN land in accordance with the Sikes Act and the BLM is responsible for managing BLM land in accordance with the Federal Land Policy and Management Act (FLPMA) (Alternative 1, existing condition).</P>

        <P>2. Transfer management responsibility for BLM land within the renewed CMAGR to the DoN for the duration of the land withdrawal, which would make the DoN responsible for managing both the DoN and withdrawn BLM lands within the range in accordance with the Sikes Act (Alternatives 2 and 4).<PRTPAGE P="53191"/>
        </P>
        <P>3. Transfer jurisdiction for the BLM land within the renewed CMAGR to the DoN, which would make the DoN responsible for managing all land within the range in accordance with the Sikes Act until such time that the need for the range may end and it is deactivated and closed (Alternative 3).</P>
        <P>The no-action alternative (Alternative 5) would result in the closure of the CMAGR for military training. Selection of this alternative would trigger planning and actions to compensate for the displacement of training from the range and planning and actions for the decommissioning, decontamination and cleanup, and potential reuse of at least portions of the range. The BLM would resume full administrative responsibility for about 226,825 acres of currently withdrawn BLM land, with the possible exception of parcels that the Secretary of the Interior may not be able to accept because of potential expended ordnance contamination. The Secretary of the Navy would be responsible for custodial management of parcels with unacceptable levels of expended ordnance contamination. The Secretary of the Navy would also retain administrative responsibility for about 229,256 acres of DoN land from the closed CMAGR until such time as a portion or all of that land could be transferred to another federal agency, the State of California, or otherwise disposed of through existing GSA authorities and procedures. The State of California holds reversionary rights for about 11,311 acres of DoN land in the CMAGR that were acquired in fee from the State. California also holds some or all mineral rights on an additional 10,981 acres of the DoD land.</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>C.K. Chiappetta,</NAME>
          <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21465 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Ultra-Deepwater Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Fossil Energy, Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This notice announces a meeting of the Ultra-Deepwater Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Wednesday, September 26, 2012, 8:00 a.m.-5:00 p.m. (CST).</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Hyatt North Houston, 425 North Sam Houston Parkway East, Houston, TX 77060.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Elena Melchert, U.S. Department of Energy, Office of Oil and Natural Gas, Washington, DC 20585. Phone: (202) 586-5600.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Committee:</E>The purpose of the Ultra-Deepwater Advisory Committee is to provide advice to the Secretary of Energy on development and implementation of programs related to ultra-deepwater architecture; and to provide comments and recommendations and priorities for the Department of Energy Annual Plan per requirements of the Energy Policy Act of 2005, Title IX, Subtitle J, Section 999D.</P>
        <HD SOURCE="HD1">Tentative Agenda</HD>
        <HD SOURCE="HD2">September 26, 2012</HD>
        <P>7:30 a.m.-8:00 a.m. Registration.</P>
        <P>8:00 a.m.-12:00 p.m. Call to Order, Welcome, Introductions, Opening Remarks, Overview of the Oil and Gas Ultra-DeepwaterResearch Portfolio.</P>
        <P>1:00 p.m.-4:45 p.m. Overview of<E T="03">Draft 2013 Annual Plan.</E>
        </P>
        <P>4:45 p.m.-5:00 p.m. Public Comments, if any.</P>
        <P>5:00 p.m. Adjourn.</P>
        <P>
          <E T="03">Public Participation:</E>The meeting is open to the public. The Designated Federal Officer and the Chairman of the Committee will lead the meeting for the orderly conduct of business. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of the items on the agenda, you should contact Elena Melchert at the telephone number listed above. You must make your request for an oral statement at least three business days prior to the meeting, and reasonable provisions will be made to include all who wish to speak. Public comment will follow the three minute rule.</P>
        <P>
          <E T="03">Minutes:</E>The minutes of this meeting will be available for public review and copying within 60 days at the following Web site:<E T="03">www.fossil.energy.gov/programs/oilgas/advisorycommittees/UltraDeepwater.html.</E>
        </P>
        <SIG>
          <DATED>Issued at Washington, DC, on August 27, 2012.</DATED>
          <NAME>LaTanya R. Butler,</NAME>
          <TITLE>Acting Deputy Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21547 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Unconventional Resources Technology Advisory Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Energy, Office of Fossil Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This notice announces a meeting of the Unconventional Resources Technology Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Tuesday, September 25, 8:00 a.m.-5:00 p.m. (CST).</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Hyatt North Houston, 425 North Sam Houston Parkway East, Houston, TX 77060.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Elena Melchert, U.S. Department of Energy, Office of Oil and Natural Gas, Washington, DC 20585. Phone: (202) 586-5600.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Committee:</E>The purpose of the Unconventional Resources Technology Advisory Committee is to provide advice to the Secretary of Energy on development and implementation of programs related to onshore unconventional natural gas and other petroleum resources; and to provide comments and recommendations and priorities for the Department of Energy Annual Plan per requirements of the Energy Policy Act of 2005, Title IX, Subtitle J, Section 999D.</P>
        <HD SOURCE="HD1">Tentative Agenda</HD>
        <HD SOURCE="HD2">September 25, 2012</HD>
        <P>7:30 a.m.-8:00 a.m. Registration.</P>
        <P>8:00 a.m.-12:00 p.m. Call to Order, Welcome, Introductions, Opening Remarks, Overview of the Oil and Gas Unconventional Research Portfolio (Unconventional Resources, Small Producers, and NETL Complementary Research).</P>
        <P>1:00 p.m.-4:45 p.m. Overview of<E T="03">Draft 2013 Annual Plan.</E>
        </P>
        <P>4:45 p.m.-5:00 p.m. Public Comments, if any.</P>
        <P>5:00 p.m. Adjourn.</P>
        <P>
          <E T="03">Public Participation:</E>The meeting is open to the public. The Designated Federal Officer and the Chairman of the Committee will lead the meeting for the orderly conduct of business. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of the items on the agenda, you should contact Elena<PRTPAGE P="53192"/>Melchert at the telephone number listed above. You must make your request for an oral statement at least three business days prior to the meeting, and reasonable provisions will be made to include all who wish to speak. Public comment will follow the three minute rule.</P>
        <P>
          <E T="03">Minutes:</E>The minutes of this meeting will be available for public review and copying within 60 days at the following Web site:<E T="03">www.fossil.energy.gov/programs/oilgas/advisorycommittees/UnconventionalResources.html.</E>
        </P>
        <SIG>
          <DATED>Issued at Washington, DC, on August 27, 2012.</DATED>
          <NAME>LaTanya R. Butler,</NAME>
          <TITLE>Acting Deputy Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21549 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Environmental Management Site-Specific Advisory Board, Northern New Mexico</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Wednesday, September 26, 2012, 1:00 p.m.-7:00 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Sagebrush Inn and Conference Center, 1508 Paseo Del Pueblo Sur, Taos, NM 87571.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Menice Santistevan, Northern New Mexico Citizens' Advisory Board (NNMCAB), 94 Cities of Gold Road, Santa Fe, NM 87506. Phone (505) 995-0393; Fax (505) 989-1752 or Email:<E T="03">msantistevan@doeal.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Board:</E>The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.</P>
        <HD SOURCE="HD1">Tentative Agenda</HD>
        <FP SOURCE="FP-2">1:00 p.m. Call to Order by Deputy Designated Federal Officer (DDFO), Ed Worth</FP>
        <FP SOURCE="FP1-2">• Establishment of a Quorum: Roll Call and Excused Absences, Staff</FP>
        <FP SOURCE="FP1-2">• Welcome and Introductions, Ralph Phelps, Chair</FP>
        <FP SOURCE="FP1-2">• Approval of Agenda and August 29, 2012 Meeting Minutes</FP>
        <FP SOURCE="FP-2">1:30 p.m. Public Comment Period</FP>
        <FP SOURCE="FP-2">1:45 p.m. Old Business</FP>
        <FP SOURCE="FP1-2">• Written Reports</FP>
        <FP SOURCE="FP1-2">• Other Items</FP>
        <FP SOURCE="FP-2">2:00 p.m. New Business</FP>
        <FP SOURCE="FP1-2">• Consideration and Action on Fiscal Year (FY) 2013 Committee Work Plans</FP>
        <FP SOURCE="FP1-2">• Discuss Meeting Locations and Schedule for 2013</FP>
        <FP SOURCE="FP1-2">• Appoint Ad Hoc Committee for Annual Self-Evaluation</FP>
        <FP SOURCE="FP-2">2:30 p.m. Items from the DDFO, Ed Worth</FP>
        <FP SOURCE="FP1-2">• Update from DOE</FP>
        <FP SOURCE="FP1-2">• Other Items</FP>
        <FP SOURCE="FP-2">2:45 p.m. Break</FP>
        <FP SOURCE="FP-2">3:00 p.m. Presentation of FY 2013 Work Priorities, New Mexico Environment Department (NMED) and DOE</FP>
        <FP SOURCE="FP-2">4:00 p.m. Items from Liaison Members</FP>
        <FP SOURCE="FP1-2">• Los Alamos National Laboratory, Bruce Schappell</FP>
        <FP SOURCE="FP1-2">• Environmental Protection Agency (Region 6), Ed Worth for Rich Mayer</FP>
        <FP SOURCE="FP1-2">• Data Input and Validation and Verification Process</FP>
        <FP SOURCE="FP-2">4:15 p.m. Update on Chromium</FP>
        <FP SOURCE="FP-2">5:00 p.m. Dinner Break on the Patio</FP>
        <FP SOURCE="FP-2">6:00 p.m. Public Comment Period</FP>
        <FP SOURCE="FP-2">6:15 p.m. Consideration and Action on Draft Recommendation(s) to DOE, Ralph Phelps</FP>
        <FP SOURCE="FP-2">6:45 p.m. Wrap-Up and Comments from Board Members, Ralph Phelps</FP>
        <FP SOURCE="FP-2">7:00 p.m. Adjourn, Ed Worth, DDFO</FP>
        <P>
          <E T="03">Public Participation:</E>The EM SSAB, Northern New Mexico, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.</P>
        <P>
          <E T="03">Minutes:</E>Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at:<E T="03">http://www.nnmcab.energy.gov/.</E>
        </P>
        <SIG>
          <DATED>Issued at Washington, DC, on August 27, 2012.</DATED>
          <NAME>LaTanya R. Butler,</NAME>
          <TITLE>Acting Deputy Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21554 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Environmental Management Site-Specific Advisory Board, Idaho National Laboratory</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Idaho National Laboratory. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Thursday, September 20, 2012, 8:00 a.m.-5:00 p.m.</P>
          <P>Opportunities for public participation will be from 11:00 a.m. to 11:15 a.m. and from 3:15 p.m. to 3:45 p.m.</P>
          <P>These times are subject to change; please contact the Federal Coordinator (below) for confirmation of times prior to the meeting.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Sun Valley Inn, 1 Sun Valley Road, Sun Valley, Idaho 83402.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Robert L. Pence, Federal Coordinator, Department of Energy, Idaho Operations Office, 1955 Fremont Avenue, MS-1203, Idaho Falls, Idaho 83415. Phone (208) 526-6518; Fax (208) 526-8789 or email:<E T="03">pencerl@id.doe.gov</E>or visit the Board's Internet home page at:<E T="03">http://inlcab.energy.gov/.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Purpose of the Board:</E>The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.</P>
        <P>
          <E T="03">Tentative Topics (agenda topics may change up to the day of the meeting; please contact Robert L. Pence for the most current agenda):</E>
        </P>
        
        <FP SOURCE="FP-1">• Recent Public Involvement and Outreach</FP>
        <FP SOURCE="FP-1">• Progress to Cleanup Status<PRTPAGE P="53193"/>
        </FP>
        <FP SOURCE="FP-1">• Integrated Waste Treatment Unit Investigation Report and Corrective Actions</FP>
        <FP SOURCE="FP-1">• Idaho Treatment Group Recovery Plan/Projected Performance Status</FP>
        <FP SOURCE="FP-1">• Small Business Subcontracting Programs—INL Contractors &amp; DOE-Idaho</FP>
        <FP SOURCE="FP-1">• Accelerated Retrieval Project Status—Projected Execution</FP>
        <FP SOURCE="FP-1">• Idaho Cleanup Project (ICP) Contract Accomplishments</FP>
        <FP SOURCE="FP-1">• ICP Contract Closeout Process</FP>
        <P>
          <E T="03">Public Participation:</E>The EM SSAB, Idaho National Laboratory, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Robert L. Pence at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Robert L. Pence at the address or telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.</P>
        <P>
          <E T="03">Minutes:</E>Minutes will be available by writing or calling Robert L. Pence, Federal Coordinator, at the address and phone number listed above. Minutes will also be available at the following Web site:<E T="03">http://inlcab.energy.gov/pages/meetings.php.</E>
        </P>
        <SIG>
          <DATED>Issued at Washington, DC, on August 27, 2012.</DATED>
          <NAME>LaTanya R. Butler,</NAME>
          <TITLE>Acting Deputy Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21550 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Environmental Management Site-Specific Advisory Board, Savannah River Site</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Monday, September 24, 2012, 1:00 p.m.-5:00 p.m.; Tuesday, September 25, 2012, 8:30 a.m.-4:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The Marriott Charleston, 170 Lockwood Boulevard, Charleston, SC 29403.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Gerri Flemming, Office of External Affairs, Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29802; Phone: (803) 952-7886.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.</P>
        <HD SOURCE="HD1">Monday, September 24, 2012</HD>
        <FP SOURCE="FP-2">1:00 p.m. Combined Committees Session</FP>
        <FP SOURCE="FP-2">5:00 p.m. Adjourn</FP>
        <HD SOURCE="HD1">Tuesday, September 25, 2012</HD>
        <FP SOURCE="FP-2">8:30 a.m. Approval of Minutes, Agency Updates</FP>
        <FP SOURCE="FP1-2">Public Comment Session</FP>
        <FP SOURCE="FP1-2">Facilities Disposition and Site Remediation Committee Report</FP>
        <FP SOURCE="FP1-2">Nuclear Materials Committee Report</FP>
        <FP SOURCE="FP1-2">Public Comment Session</FP>
        <FP SOURCE="FP-2">12:30 p.m. Lunch Break</FP>
        <FP SOURCE="FP-2">1:30 p.m. Waste Management Committee Report</FP>
        <FP SOURCE="FP1-2">Administrative Committee Report</FP>
        <FP SOURCE="FP1-2">Strategic and Legacy Management Committee Report</FP>
        <FP SOURCE="FP1-2">Public Comment Session</FP>
        <FP SOURCE="FP-2">4:30 p.m. Adjourn</FP>
        
        <P>Public Participation: The EM SSAB, Savannah River Site, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Gerri Flemming at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Gerri Flemming's office at the address or telephone listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.</P>

        <P>Minutes: Minutes will be available by writing or calling Gerri Flemming at the address or phone number listed above. Minutes will also be available at the following Web site:<E T="03">http://cab.srs.gov/srs-cab.html.</E>
        </P>
        <SIG>
          <DATED>Issued at Washington, DC, on August 28, 2012.</DATED>
          <NAME>LaTanya R. Butler,</NAME>
          <TITLE>Acting Deputy Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21555 Filed 8-30-12; 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 corporate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EC12-136-000.</P>
        <P>
          <E T="03">Applicants:</E>PacifiCorp.</P>
        <P>
          <E T="03">Description:</E>Application of PacifiCorp for Approval of Acquisition of Jurisdictional Assets from Brigham City Corporation.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5125.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER10-3069-003; ER10-3070-003.</P>
        <P>
          <E T="03">Applicants:</E>Alcoa Power Generating, Inc., Alcoa Power Marketing LLC.</P>
        <P>
          <E T="03">Description:</E>Alcoa Power Generating Inc., et al. submits supplement to Updated Market Power Analysis.</P>
        <P>
          <E T="03">Filed Date:</E>8/23/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120823-5025.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/13/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4267-001; ER11-4270-001; ER11-4269-001; ER11-4268-001; ER11-113-001.</P>
        <P>
          <E T="03">Applicants:</E>Algonquin Northern Maine Gen Co., Algonquin Tinker Gen Co., Algonquin Energy Services Inc., Granite State Electric Company, Sandy Ridge Wind, LLC, Algonquin Windsor Locks LLC.</P>
        <P>
          <E T="03">Description:</E>Algonquin Energy Services Inc., et al. submits supplement to Notice of Change in Status.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5130.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1266-003.<PRTPAGE P="53194"/>
        </P>
        <P>
          <E T="03">Applicants:</E>Midwest Independent Transmission System Operator, Inc.</P>
        <P>
          <E T="03">Description:</E>8-20-12 745 Compliance to be effective 6/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/21/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120821-5137.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/11/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-1457-003.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>GIA and Service Agreement with San Gorgonio Farms, Inc. to be effective 3/23/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/23/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120823-5000.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/13/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2502-000.</P>
        <P>
          <E T="03">Applicants:</E>PacifiCorp.</P>
        <P>
          <E T="03">Description:</E>Deseret ARTSOA Rev 5 to be effective 10/22/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5062.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2503-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Queue No. X2-076; Second Revised Service Agreement Nos. 3154 and 3155 to be effective 7/23/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5102.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2504-000.</P>
        <P>
          <E T="03">Applicants:</E>Westar Energy, Inc.</P>
        <P>
          <E T="03">Description:</E>Notice of Cancellation of certain designated Rate Schedules to be effective 6/15/2011.</P>
        <P>
          <E T="03">Filed Date:</E>8/21/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120821-5136.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/11/12.</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 5:00 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: August 23, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21517 Filed 8-30-12; 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>ER12-2201-001.</P>
        <P>
          <E T="03">Applicants:</E>Harvest II Windfarm, LLC.</P>
        <P>
          <E T="03">Description:</E>Supplement to Application for Market-Based Rate Authorization to be effective 9/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5068.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2311-001.</P>
        <P>
          <E T="03">Applicants:</E>Beebe Renewable Energy, LLC.</P>
        <P>
          <E T="03">Description:</E>Supplement to Application for Market-Based Rate Authorization to be effective 9/24/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5070.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>Take notice that the Commission received the following electric securities filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ES12-47-000.</P>
        <P>
          <E T="03">Applicants:</E>ISO New England Inc.</P>
        <P>
          <E T="03">Description:</E>Supplemental Information of ISO New England Inc.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5081.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/03/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ES12-48-000.</P>
        <P>
          <E T="03">Applicants:</E>ISO New England Inc.</P>
        <P>
          <E T="03">Description:</E>Supplemental Information of ISO New England Inc.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5080.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/03/12.</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: August 22, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21516 Filed 8-30-12; 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>EG12-101-000.</P>
        <P>
          <E T="03">Applicants:</E>Anacacho Wind Farm, LLC.</P>
        <P>
          <E T="03">Description:</E>Notice of Self-Certification of Exempt Wholesale Generator Status of Anacacho Wind Farm, LLC.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5052.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER10-2606-001; ER10-2609-001.</P>
        <P>
          <E T="03">Applicants:</E>Consolidated Water Power Company; Escanaba Paper Company.</P>
        <P>
          <E T="03">Description:</E>Consolidated Water Power Company, et. Al. submits Amendment to its Market Based Tariff filings.</P>
        <P>
          <E T="03">Filed Date:</E>8/17/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120817-5103.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/7/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER10-2794-006; ER10-2849-005; ER11-2028-006; ER11-3642-005; ER12-1825-003.</P>
        <P>
          <E T="03">Applicants:</E>EDF Trading North America, LLC; EDF Industrial Power Services (NY), LLC; EDF Industrial Power Services (IL), LLC; Tanner Street Generation, LLC; EDF Industrial Power Services (CA), LLC.</P>
        <P>
          <E T="03">Description:</E>Notice of Non-Material Change in Status of EDF Trading North America, LLC, et al.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5057.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2237-002.</P>
        <P>
          <E T="03">Applicants:</E>Dunkirk Power LLC.</P>
        <P>
          <E T="03">Description:</E>Dunkirk Power LLC submits tariff filing per 35.17 (b): Filing to Continue to Hold in Abeyance to be effective 12/31/9998.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5000.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2261-000.</P>
        <P>
          <E T="03">Applicants:</E>Russell City Energy Company, LLC.<PRTPAGE P="53195"/>
        </P>
        <P>
          <E T="03">Description:</E>Russell City Energy Company, LLC submits Supplement to its July 18, 2012 Application for market-based rate authorization.</P>
        <P>
          <E T="03">Filed Date:</E>8/17/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120817-5171.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/7/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2413-000.</P>
        <P>
          <E T="03">Applicants:</E>Energy Alternatives Wholesale, LLC.</P>
        <P>
          <E T="03">Description:</E>Amendment to Application for Market-Based Rate Authority of Energy Alternatives Wholesale, LLC and Request for Shortened Notice Period.</P>
        <P>
          <E T="03">Filed Date:</E>8/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120815-5136.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2498-000.</P>
        <P>
          <E T="03">Applicants:</E>Alpaugh 50, LLC.</P>
        <P>
          <E T="03">Description:</E>Amendment to Applications for Market-Based Rate Authorization to be effective 8/25/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/21/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120821-5115.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/11/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2499-000.</P>
        <P>
          <E T="03">Applicants:</E>Alpaugh North, LLC.</P>
        <P>
          <E T="03">Description:</E>Amendment to Applications for Market-Based Rate Authorization to be effective 8/25/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/21/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120821-5116.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/11/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2500-000.</P>
        <P>
          <E T="03">Applicants:</E>Midwest Independent Transmission System Operator, Inc.</P>
        <P>
          <E T="03">Description:</E>Midwest Independent Transmission System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: SA 2468 Sugar Creek-Ameren GIA J034 to be effective 8/11/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/10/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120810-5182.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 8/31/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2501-000.</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 Distribution Service Agreement SunEdison Utility Solutions, LLC to be effective 8/23/2012.</P>
        <P>
          <E T="03">Filed Date:</E>8/22/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120822-5054.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/12/12.</P>
        
        <P>Take notice that the Commission received the following qualifying facility filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>QF12-344-000.</P>
        <P>
          <E T="03">Applicants:</E>Mosaic Fertilizer, LLC.</P>
        <P>
          <E T="03">Description:</E>Form 556 of Mosaic Fertilizer, LLC.</P>
        <P>
          <E T="03">Filed Date:</E>4/25/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120425-5087.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 9/3/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>QF12-380-000.</P>
        <P>
          <E T="03">Applicants:</E>Roquette America, Inc.</P>
        <P>
          <E T="03">Description:</E>Roquette America's application for Qualifying Facility Status for Coal Cogeneration Facility located in Keokuk Iowa.</P>
        <P>
          <E T="03">Filed Date:</E>5/18/12.</P>
        <P>
          <E T="03">Accession Number:</E>20120518-5197.</P>
        <P>
          <E T="03">Comments Due:</E>None Applicable.</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: August 22, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21515 Filed 8-30-12; 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. ER12-2511-000]</DEPDOC>
        <SUBJECT>C.P. Crane 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 C.P. Crane LLC's application for market-based rate authority, with an accompanying rate schedule, 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 September 17, 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(s) 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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21510 Filed 8-30-12; 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. ER12-2512-000]</DEPDOC>
        <SUBJECT>H.A. Wagner 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 H.A. Wagner LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR<PRTPAGE P="53196"/>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 September 17, 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(s) 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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21511 Filed 8-30-12; 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. ER12-2522-000]</DEPDOC>
        <SUBJECT>D &amp; L Harris and Associates; 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 D &amp; L Harris and Associates' application for market-based rate authority, with an accompanying rate schedule, 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 September 17, 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(s) 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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21514 Filed 8-30-12; 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. ER12-2514-000]</DEPDOC>
        <SUBJECT>Susterra Energy, 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 Susterra Energy, LLC's application for market-based rate authority, with an accompanying rate schedule, 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 September 17, 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(s) are accessible in the<PRTPAGE P="53197"/>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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21513 Filed 8-30-12; 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. ER12-2510-000]</DEPDOC>
        <SUBJECT>Brandon Shores 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 Brandon Shores LLC's application for market-based rate authority, with an accompanying rate schedule, 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 September 17, 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(s) 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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21518 Filed 8-30-12; 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. ER12-2513-000]</DEPDOC>
        <SUBJECT>Raven Power Marketing 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 Raven Power Marketing LLC's application for market-based rate authority, with an accompanying rate schedule, 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 September 17, 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(s) 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: August 27, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21512 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[EPA-HQ-OPP-2009-1017; FRL-9357-6]</DEPDOC>
        <SUBJECT>Cancellation Order for Certain Pesticide Registrations: MGK 264, Pyrethrins, Pyriproxyfen, and Permethrin; Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>EPA issued notices in the<E T="04">Federal Register</E>of November 23, 2011 and February 15, 2012, concerning the voluntary cancellation of several pesticide products, including Amrep, Inc.'s MGK-264/Pyrethrins/Pyriproxyfen/Permethrin product EPA Reg. No. 010807-00448. This document corrects typographical errors in the November 23, 2011 notice and February 15, 2012 cancellation order regarding<PRTPAGE P="53198"/>the EPA registration numbers of the Amrep, Inc., MGK 264/Pyrethrins/Pyriproxyfen/Permethrin product affected by the cancellation order.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Katie Weyrauch, Pesticide Re-evaluation Division, (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-0166; email address:<E T="03">weyrauch.katie@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>The Agency included in the notice a list of those who may be potentially affected by this action.</P>
        <HD SOURCE="HD2">B. How can I get copies of this document and other related information?</HD>

        <P>The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017, is available at<E T="03">http://www.regulations.gov</E>or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.</P>
        <HD SOURCE="HD1">II. What does this correction do?</HD>
        <P>1. FR Doc. 2011-29990 published in the<E T="04">Federal Register</E>of November 23, 2011 (76 FR 72405) (FRL-9327-2) is corrected as follows:</P>
        <P>On page 72407, Table 1, under the heading Registrations with Pending Requests for Cancellation, in the first column, registration number “010807-00448” is corrected to read “010807-447.” On page 72407, in Table 1, in the second column, correct product name “Country Vet Flea &amp; Tick Fogger with Growth Inhibitor” to read “Purge Insecticide.” On page 72407, in Table 1, in the third column, correct active ingredients “MGK 264 Pyrethrins Pyriproxyfen Permethrin” to read “Piperonyl butoxide Pyrethrins.”</P>
        <P>2. FR Doc. 2012-2982 published in the<E T="04">Federal Register</E>of February 15, 2012 (77 FR 8863) (FRL-9336-3) is corrected as follows:</P>
        <P>On page 8863, Table 1, under the heading Product Cancellations, in the first column, registration number “010807-00448” is corrected to read “010807-447.” On page 8863, in Table 1, in the second column, correct product name “Country Vet Flea &amp; Tick Fogger with Growth Inhibitor” to read “Purge Insecticide.” On page 8863, in Table 1, in the third column, correct active ingredients “MGK 264 Pyrethrins Pyriproxyfen Permethrin” to read “Piperonyl butoxide Pyrethrins.”</P>
        <HD SOURCE="HD1">List of Subjects</HD>
        <P>Environmental protection, Pesticides and pests.</P>
        <SIG>
          <DATED>Dated: August 21, 2012.</DATED>
          <NAME>Jeffrey S. Billingslea,</NAME>
          <TITLE>Acting Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21433 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[ER-FRL-9004-8]</DEPDOC>
        <SUBJECT>Environmental Impacts Statements; Notice of Availability</SUBJECT>

        <P>Responsible Agency: 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 08/20/2012 Through 08/24/2012</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>Starting October 1, 2012, EPA will not accept paper copies or CDs of EISs for filing purposes; all submissions on or after October 1, 2012 must be made through e-NEPA. While this system eliminates the need to submit paper or CD copies to EPA to meet filing requirements, electronic submission does not change requirements for distribution of EISs for public review and comment. To begin using e-NEPA, you must first register with EPA's electronic reporting site—<E T="03">https://cdx.epa.gov/epa_home.asp.</E>
        </P>
        
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120276, Final EIS, BLM, CA,</E>Bakersfield Proposed Resource Management Plan, Madera, San Luis Obispo, Santa Barbara, Ventura, Kings, Tulare, Fresno, and Kern Counties, CA, Review Period Ends: 10/01/2012, Contact: Sue Porter 661-391-6067.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120277, Final EIS, NPS, 00,</E>Appalachian National Scenic Trail, Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River, Susquehanna to Roseland 500kV Transmission Line Right-of-Way and Special-Use-Permit, NJ and PA, Review Period Ends: 10/01/2012, Contact: Morgan Elmer 303-969-2317.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120278, Draft EIS, USN, CA,</E>LEGISLATIVE—Renewal of the Chocolate Mountain Aerial Gunnery Range Land Withdrawal, Imperial and Riverside Counties, CA, Comment Period Ends: 11/30/2012, Contact: Kelly Finn 619-532-4452.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120279, Draft EIS, VA, CA,</E>San Francisco Veterans Affairs Medical Center (SFVAMC) Long Range Development Plan, Implementation, Fort Miley, San Francisco County, CA, Comment Period Ends: 10/16/2012, Contact: Allan Federman 415-221-4810.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120280, Draft EIS, BIA, FL,</E>Seminole Tribe of Florida Fee-to-Trust, Development of a Hotel/Resort and Retail Center of the Site, Coconut Creek, Broward County, FL, Comment Period Ends: 10/15/2012, Contact: Chester McGhee 615-564-6830.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120281, Final EIS, USFWS, CA,</E>Santa Clara Valley Habitat Conservation Plan, Issuance of an Incidental Take Permit, SantaClara County, CA, Review Period Ends: 10/01/2012 Contact: Mike Thomas 916-414-6600.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120282, Final EIS, NRC, NM,</E>Fluoride Extraction Process and Depleted Uranium Deconversion Plant, License Application to Construct, Operate, and Decommission Phase 1, Lea County, NM, Review Period Ends: 10/01/2012, Contact: Asimios Malliakos 301-415-6458.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120283, Final EIS, FRA, VA,</E>Richmond and the Hampton Roads Passenger Rail Project, Tier I Proposed Higher Speed Intercity Passenger Rail Service Improvements, VA, Review Period Ends: 10/01/2012, Contact: John Winkle 202-493-6067.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120284, Draft EIS, USFS, CO,</E>White River National Forest Oil and Gas Leasing, Eagle, Garfield, Gunnison, Mesa, Moffat, Pitkin, Rio Blanco, Routt, and Summit Counties, CO, Comment Period Ends: 10/30/2012, Contact: David Francomb 970-963-2266, ext. 3136.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120285, Draft Supplement, FHWA, CA,</E>Interstate 5 North Coast Corridor Project, Construction of Improvements, from La Jolla Village Drive in San Diego to Harbor Drive in<PRTPAGE P="53199"/>Oceanside/Camp Pendleton, New Information, San Diego County, CA, Comment Period Ends: 10/15/2012, Contact: Manuel E. Sanchez 619-699-7336.</FP>
        <HD SOURCE="HD1">Amended Notices</HD>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120274, Draft EIS, USFS, AZ,</E>Prescott National Forest Land and Resource Management Plan, Yavapai and Coconino Counties, AZ, Comment Period Ends: 11/28/2012, Contact: Mary C. Rasmussen 928-443-8265. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/08/2012 to 11/28/2012.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120275, Draft EIS, USFS, MT,</E>Wild Cramer Forest Health and Fuels Reduction Project, Swan Lake Ranger District, FlatheadNational Forest, Flathead County, MT, Comment Period Ends: 10/09/2012,  Contact: Richard Kehr 406-837-7500. Revision to FR Notice Published 08/24/2012; Change Comment Period Ending 10/08/2012 to 10/09/2012.</FP>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Cliff Rader,</NAME>
          <TITLE>Director, NEPA Compliance Division, Office of Federal Activities.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21568 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[AMS-FRL-9724-4]</DEPDOC>
        <SUBJECT>California State Motor Vehicle Pollution Control Standards; Advanced Clean Car Program; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Opportunity for Public Hearing and Comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The California Air Resources Board (CARB) has notified EPA that it has developed an Advanced Clean Car program (ACC) which combines the control of smog and soot causing pollutants and greenhouse gas (GHG) emissions into a single coordinated package of requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles (and limited requirements related to heavy-duty vehicles). The ACC program includes revisions to California's Low Emission Vehicle (LEV) program as well as its Zero Emission Vehicle (ZEV) program. By letter dated June 27, 2012, CARB submitted a request that EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for the revisions to the LEV program. CARB also seeks confirmation that the amendments to the ZEV program are within-the-scope of prior waiver decisions issued by EPA, or in the alternative requests a waiver for these revisions. This notice announces that EPA has scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>EPA has scheduled a public hearing concerning CARB's request on September 19, 2012, beginning at 9:00 a.m. Any party planning to present oral testimony should notify EPA by September 14, 2012, expressing its interest. EPA will hold the public hearing at EPA's offices at 1310 L Street NW., Washington, DC 20460. Any party may submit written comments by October 19, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2012-0562, by one of the following methods:</P>
          <P>•<E T="03">http://www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>•<E T="03">Email: dickinson.david@epa.gov.</E>
          </P>
          <P>•<E T="03">Fax:</E>(202) 343-2804.</P>
          <P>•<E T="03">Mail:</E>U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Ave., NW., Room B108, Mail Code 6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2012-0562. Please include a total of two copies.</P>
          <P>•<E T="03">Hand Delivery:</E>EPA Docket Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No EPA-HQ-OAR-2012-0562.</P>

          <P>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">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<E T="03">http://www.regulations.gov</E>or email.</P>
          <P>The<E T="03">http://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">http://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. Docket: All documents in the docket are listed in the<E T="03">http://www.regulations.gov</E>index. Although listed in the index, some information is not publicly available,<E T="03">e.g.,</E>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.</P>
          <P>EPA will make available for in person inspection, at the Air and Radiation Docket and Information Center, written comments received from interested parties, in addition to any testimony given at the public hearing. The official public docket is the collection of materials that is available for public viewing at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1743. The reference number for this docket is EPA-HQ-OAR-2012-0562.</P>

          <P>EPA will make available an electronic copy of this Notice on the Office of Transportation and Air Quality's (OTAQ's) homepage (<E T="03">http://www.epa.gov/otaq/</E>). Users can find this document by accessing the OTAQ homepage and looking at the path entitled “Regulations.” This service is free of charge, except any cost you already incur for Internet connectivity. Users can also get the official<E T="04">Federal Register</E>version of the Notice on the day of publication on the primary Web site: (<E T="03">http://www.epa.gov/docs/fedrgstr/EPA-AIR/</E>).</P>

          <P>Please note that due to differences between the software used to develop the documents and the software into<PRTPAGE P="53200"/>which the documents may be downloaded, changes in format, page length, etc., may occur.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>David Dickinson, Compliance Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343-9256, Fax: (202) 343-2804, email address:<E T="03">Dickinson.David@EPA.GOV.</E>
          </P>
          <P>
            <E T="03">mailto:Dickinson.David@EPA.GOV.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. CARB's New Waiver Request and Prior Greenhouse Gas Emission Waivers</HD>
        <P>CARB's June 27, 2012, letter to the Administrator notified EPA that CARB had adopted its ACC regulatory package in January 2012 and that the package contains amendments to its low emission vehicle (LEV) program to address both smog forming pollutants and greenhouse gases, and amendments to its zero emission vehicle program (ZEV).<SU>1</SU>
          <FTREF/>The amendments to the LEV program are referred to as LEV III. CARB requests that EPA grant a new waiver for its LEV III program. CARB also seeks confirmation that amendments to its ZEV program are within-the-scope of previous waivers issued by EPA. In the alternative, CARB requests that EPA grant a new waiver for its ZEV program.</P>
        <FTNT>
          <P>
            <SU>1</SU>The amendments and adoption of regulations can be found at title 13, California Code of Regulations, sections 1961.2 and 1961.3 (adoption) and sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, 2235, 2317, and Documents incorporated by reference (amendments).</P>
        </FTNT>
        <P>CARB's waiver request discusses in detail both its ZEV program amendments and its LEV III amendments. CARB's waiver request includes an “analysis setting forth California's basis for the waiver requests. The analysis sets forth a summary of the regulatory actions, a review of the criteria governing EPA's evaluation of a California waiver request, and the legal arguments that support and compel EPA to grant California's request.”<SU>2</SU>
          <FTREF/>With respect to the LEV III greenhouse gas standards, CARB notes that it plans to adopt a rule which would allow manufacturers to demonstrate compliance with California's greenhouse gas regulations for the 2017 through 2025 model years by demonstrating compliance with EPA's greenhouse gas requirements for the 2017 through 2025 model years (commonly referred to as the `deemed to comply' provision), subject to review of the contents of EPA's final rule for these model years.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>2</SU>Letter from Mary D. Nichols, CARB, dated June 27, 2012 at p. 2.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>“CLEAN AIR ACT § 209(b) WAIVER SUPPORT DOCUMENT SUBMITTED BY THE CALIFORNIA AIR RESOURCES BOARD, May 2012,” at p. 9 (accompanying June 27, 2012 letter).</P>
        </FTNT>
        <P>CARB plans to commence its “deemed to comply” rulemaking shortly after EPA finalizes the light-duty vehicle greenhouse gas emission standards for model years 2017-2025, conditioned on its review of EPA's final GHG rule. As discussed below, EPA invites comment on all aspects of CARB's waiver request, and specifically invites comment on CARB's waiver request in light of CARB's plans concerning adoption of a deemed to comply provision into its LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB's request for a waiver.</P>
        <P>EPA previously granted CARB a waiver of preemption for its 2009 and subsequent model year new motor vehicle greenhouse gas emission standards on July 8, 2009 (74 FR 32744). Subsequently, CARB adopted a series of amendments to those regulations, including a deemed to comply rule whereby compliance with EPA's GHG standards for model years 2012 through 2016 would serve as compliance with California's GHG standards for those model years. On June 14, 2011 (76 FR 34693), EPA confirmed that these series of amendments were within-the-scope of the waiver granted on July 8, 2009. EPA has most recently issued waivers and within-the-scope decisions for CARB's ZEV program in 2006 (71 FR 78190, December 28, 2006) and 2011 (76 FR 61095, October 3, 2011). EPA's most recent waivers and within-the-scope decisions for CARB's LEV II program were issued in 2003 (68 FR 19811, April 22, 2003), 2005 (70 FR 22034, April 28, 2005), and 2010 (75 FR 44948, July 30, 2010).</P>
        <HD SOURCE="HD1">II. Scope of Preemption and Criteria for a Waiver Under the Clean Air Act</HD>
        <P>Section 209(a) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7543(a), provides:</P>
        
        <EXTRACT>
          <P>No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No state shall require certification, inspection or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment.</P>
        </EXTRACT>
        
        <P>Section 209(b) of the Act requires the Administrator, after notice and opportunity for public hearing, to waive application of the prohibitions of section 209(a) for any state that has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the state determines that the state standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. California is the only state that is qualified to seek and receive a waiver under section 209(b). The Administrator must grant a waiver unless she finds that (A) the determination of the state is arbitrary and capricious, (B) the state does not need the state standards to meet compelling and extraordinary conditions, or (C) the state standards and accompanying enforcement procedures are not consistent with section 202(a) of the Act. Previous decisions granting waivers of Federal preemption for motor vehicles have stated that State standards are inconsistent with section 202(a) if there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period or if the Federal and State test procedures impose inconsistent certification procedures.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>4</SU>To be consistent, the California certification procedures need not be identical to the Federal certification procedures. California procedures would be inconsistent, however, if manufacturers would be unable to meet the state and the Federal requirements with the same test vehicle in the course of the same test. See,<E T="03">e.g.,</E>43 FR 32182 (July 25, 1978).</P>
        </FTNT>
        <HD SOURCE="HD1">III. Request for Comment</HD>

        <P>When EPA receives new waiver requests from CARB, EPA traditionally publishes a notice of opportunity for public hearing and comment and then, after the comment period has closed, publishes a notice of its decision in the<E T="04">Federal Register</E>. In contrast, when EPA receives within-the-scope waiver requests from CARB, EPA usually publishes a notice of its decision in the<E T="04">Federal Register</E>and concurrently invites public comment if an interested party is opposed to EPA's decision. In this case, for the ZEV amendments CARB requests a within-the-scope determination, or in the alternative a waiver.</P>

        <P>Since CARB has submitted a within-the-scope request for its ZEV amendments as they affect both the 2012-2017 model years (MYs) and 2018 and subsequent MYs, EPA invites<PRTPAGE P="53201"/>comment on the following issues. First, should California's ZEV amendments, as they affect the 2012-2017 MYs and/or the 2018 and later MYs, be considered under the within-the-scope criteria or should they be considered under the full waiver criteria? Second, to the extent part or all of those ZEV amendments should be considered as a within-the-scope request, do such amendments meet the criteria for EPA to confirm that they are within-the-scope of prior waivers? Please also provide comments to address the full waiver analysis (noted below for the remainder of the ACC program), in the event that EPA cannot confirm that some or all of CARB's ZEV amendments are within-the-scope of previous waivers.</P>
        <P>We are requesting comment on all aspects of the full waiver analysis with regard to the ACC program (the LEV III criteria pollutant and GHG regulations, and the ZEV amendments to the extent EPA does not consider them under the within-the-scope analysis noted above). This includes consideration of the following three criteria: whether (a) California's determination that its motor vehicle emission standards are, in the aggregate, at least as protective of public health and welfare as applicable Federal standards is arbitrary and capricious, (b) California needs such standards to meet compelling and extraordinary conditions, and (c) California's standards and accompanying enforcement procedures are consistent with section 202(a) of the Clean Air Act. As noted above, CARB plans to propose a deemed to comply rule for its GHG standards shortly after EPA finalizes its light-duty vehicle greenhouse gas emission standards, conditioned on its review of EPA's final GHG rule. As such, EPA specifically invites comment on CARB's waiver request in light of CARB's plans concerning adoption of a deemed to comply provision into its LEV III GHG standards. This will allow EPA to consider any deemed to comply provision and comments on it when taking action on CARB's request for a waiver.</P>
        <HD SOURCE="HD1">IV. Procedures for Public Participation</HD>
        <P>The Agency will make a verbatim record of the proceedings at the hearing. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. EPA will keep the record open until October 19, 2012. Upon expiration of the comment period, the Administrator will render a decision on CARB's request based on the record of the public hearing, relevant written submissions, and other information that she deems pertinent.</P>
        <P>Persons with comments containing proprietary information must distinguish such information from other comments to the greatest possible extent and label it as “Confidential Business Information” (CBI). If a person making comments wants EPA to base its decision in part on a submission labeled CBI, then a non-confidential version of the document that summarizes the key data or information should be submitted for the public docket. To ensure that proprietary information is not inadvertently placed in the docket, submissions containing such information should be sent directly to the contact person listed above and not to the public docket. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent allowed and by the procedures set forth in 40 CFR part 2. If no claim of confidentiality accompanies the submission when EPA receives it, EPA will make it available to the public without further notice to the person making comments.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Gina McCarthy,</NAME>
          <TITLE>Assistant Administrator, Office of Air and Radiation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21566 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK</AGENCY>
        <SUBJECT>Economic Impact Policy</SUBJECT>
        <P>This notice is to inform the public that the Export-Import Bank of the United States has received an application for a $21 million guarantee to support the $19 million export of a wire rod mill to the Czech Republic. The U.S. export will replace an existing facility and enable the Czech company to expand its production of wire rod by approximately 50,000 metric tons annually during the 8.5-year repayment term of the obligation. Available information indicates that the additional wire rod production will be sold domestically in the Czech Republic and Slovakia, Germany, and Italy.</P>

        <P>Interested parties may submit comments on this transaction by email to<E T="03">economic.impact@exim.gov</E>or by mail to 811 Vermont Avenue NW., Room 947, Washington, DC 20571, within 14 days of the date this notice appears in the<E T="04">Federal Register</E>.</P>
        <SIG>
          <NAME>Kathryn Hoff-Patrinos,</NAME>
          <TITLE>Deputy General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21548 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Federal Open Market Committee; Domestic Policy Directive of July 31-August 1, 2012</SUBJECT>
        <P>In accordance with Section 271.7(d) of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on July 31-August 1, 2012.<SU>1</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>1</SU>Copies of the Minutes of the Federal Open Market Committee at its meeting held on July 31-August 1, 2012, which includes the domestic policy directive issued at the meeting, are available on the Board's Web site,<E T="03">www.federalreserve.gov.</E>The minutes are also published in the Federal Reserve Bulletin and in the Board's Annual Report.</P>
        </FTNT>
        <P>The Federal Open Market Committee seeks monetary and financial conditions that will foster price stability and promote sustainable growth in output. To further its long-run objectives, the Committee seeks conditions in reserve markets consistent with federal funds trading in a range from 0 to<FR>1/4</FR>percent. The Committee directs the Desk to continue the maturity extension program it announced in June to purchase Treasury securities with remaining maturities of 6 years to 30 years with a total face value of about $267 billion by the end of December 2012, and to sell or redeem Treasury securities with remaining maturities of approximately 3 years or less with a total face value of about $267 billion. For the duration of this program, the Committee directs the Desk to suspend its current policy of rolling over maturing Treasury securities into new issues. The Committee directs the Desk to maintain its existing policy of reinvesting principal payments on all agency debt and agency mortgage-backed securities in the System Open Market Account in agency mortgage-backed securities. These actions should maintain the total face value of domestic securities at approximately $2.6 trillion. The Committee directs the Desk to engage in dollar roll transactions as necessary to facilitate settlement of the Federal Reserve's agency MBS transactions. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System's balance sheet that could affect the attainment over time of the Committee's objectives of maximum employment and price stability.</P>
        <SIG>
          <PRTPAGE P="53202"/>
          <DATED>By order of the Federal Open Market Committee, August 22, 2012.</DATED>
          <NAME>William B. English,</NAME>
          <TITLE>Secretary, Federal Open Market Committee.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21557 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Formations of, Acquisitions by, and Mergers of Bank Holding Companies</SUBJECT>

        <P>The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841<E T="03">et seq.</E>) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.</P>
        <P>The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.</P>
        <P>Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 26, 2012.</P>
        <P>A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045-0001:</P>
        <P>1.<E T="03">RSB Bancorp, MHC and RSB Bancorp, Inc., both of Roselle, New Jersey,</E>to become bank holding companies by acquiring 100 percent of Roselle Savings Bank, Roselle, New Jersey.</P>
        <P>B. Federal Reserve Bank of Philadelphia (William Lang, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521:</P>
        <P>1.<E T="03">First Priority Financial Corp, Malvern, Philadelphia,</E>to acquire 100 percent of Affinity Bancorp, Inc., Wyomissing, Philadelphia, and thereby indirectly acquire Affinity Bank of Pennsylvania, Wyomissing, Philadelphia.</P>
        <SIG>
          <DATED>Board of Governors of the Federal Reserve System, August 28, 2012.</DATED>
          <NAME>Margaret McCloskey Shanks,</NAME>
          <TITLE>Associate Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21543 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
        <DEPDOC>[Document Identifier CMS-10443 and CMS-10149]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Medicare &amp; Medicaid Services, HHS.</P>
        </AGY>
        
        <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare &amp; Medicaid Services (CMS) is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.</P>
        <P>1.<E T="03">Type of Information Collection Request:</E>New collection.<E T="03">Title of Information Collection:</E>Transcatheter Valve Therapy Registry and KCCQ-10.<E T="03">Use:</E>The data collection is required by the Centers for Medicare and Medicaid Services (CMS) National Coverage Determination (NCD) entitled, “Transcatheter Aortic Valve Replacement (TAVR)”. The TAVR device is only covered when specific conditions are met including that the heart team and hospital are submitting data in a prospective, national, audited registry. The data includes patient, practitioner and facility level variables that predict outcomes such as all cause mortality and quality of life. CMS finds that the Society of Thoracic Surgery/American College of Cardiology Transcatheter Valve Therapy (STS/ACC TVT) Registry, one registry overseen by the National Cardiovascular Data Registry, meets the requirements specified in the NCD on TAVR. The TVT Registry will support a national surveillance system to monitor the safety and efficacy of the TAVR technologies for the treatment of aortic stenosis.</P>
        <P>The data will also include the variables on the eight item Kansas City Cardiomyopathy Questionnaire (KCCQ-10) to assess heath status, functioning and quality of life. In the KCCQ, an overall summary score can be derived from the physical function, symptoms (frequency and severity), social function and quality of life domains. For each domain, the validity, reproducibility, responsiveness and interpretability have been independently established. Scores are transformed to a range of 0-100, in which higher scores reflect better health status.</P>
        <P>The conduct of the STS/ACC TVT Registry and the KCCQ-10 is in accordance with Section 1142 of the Social Security Act (the Act) that describes the authority of the Agency for Healthcare Research and Quality (AHRQ). Under section 1142, research may be conducted and supported on the outcomes, effectiveness, and appropriateness of health care services and procedures to identify the manner in which disease, disorders, and other health conditions can be prevented, diagnosed, treated, and managed clinically. Section 1862(a)(1)(E) of the Act allows Medicare to cover under coverage with evidence development (CED) certain items or services for which the evidence is not adequate to support coverage under section 1862(a)(1)(A) and where additional data gathered in the context of a clinical setting would further clarify the impact of these items and services on the health of beneficiaries.</P>

        <P>The data collected and analyzed in the TVT Registry will be used by CMS to determine if the TAVR is reasonable and necessary (e.g., improves health outcomes) for Medicare beneficiaries under Section 1862(a)(1)(A) of the Act. Furthermore, data from the Registry will assist the medical device industry and the Food and Drug Administration (FDA) in surveillance of the quality, safety and efficacy of new medical devices to treat aortic stenosis. For purposes of the TAVR NCD, The TVT Registry has contracted with the Data Analytic Centers to conduct the analyses. In addition, data will be made available for research purposes under the terms of a data use agreement that<PRTPAGE P="53203"/>only provides de-identified datasets.<E T="03">Form Number:</E>CMS-10443 (OCN: 0938-New);<E T="03">Frequency:</E>Annual;<E T="03">Affected Public:</E>Individuals, Households and Private Sector;<E T="03">Number of Respondents:</E>12,000;<E T="03">Total Annual Responses:</E>24,000;<E T="03">Total Annual Hours:</E>7,000. (For policy questions regarding this collection contact JoAnna Baldwin at 410-786-7205. For all other issues call 410-786-1326.)</P>
        <P>2.<E T="03">Type of Information Collection Request:</E>Reinstatement without change of a previously approved collection;<E T="03">Title of Information Collection:</E>Health Insurance Reform: Electronic Security Standards;<E T="03">Use:</E>This information collection corresponds to existing regulations establishing standards for the security of electronic protected health information to be implemented by health plans, health care clearinghouses and certain health care providers, as required under title II, subtitle F, sections 261 through 264 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191. The use of the security standards improves Federal health programs, private health programs, and the effectiveness and efficiency of the health care industry in general by establishing a level of protection for certain electronic health information. This information collection request does not propose any changes to this information collection related to future modifications of the underlying HIPAA security standards.<E T="03">Form Number:</E>CMS-10149 (OCN: 0938-0949);<E T="03">Frequency:</E>Occasionally;<E T="03">Affected Public:</E>Business or other for-profit, Not-for-profit institutions, Federal Government, and State, Local or Tribal Government;<E T="03">Number of Respondents:</E>135,560;<E T="03">Total Annual Responses:</E>285,560;<E T="03">Total Annual Hours:</E>536,743. (For policy questions regarding this collection contact William Parham at 410-786-4669. For all other issues call 410-786-1326.)</P>

        <P>To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at<E T="03">http://www.cms.hhs.gov/PaperworkReductionActof1995,</E>or Email your request, including your address, phone number, OMB number, and CMS document identifier, to<E T="03">Paperwork@cms.hhs.gov,</E>or call the Reports Clearance Office on (410) 786-1326.</P>

        <P>In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by<E T="03">October 30, 2012:</E>
        </P>
        <P>1.<E T="03">Electronically.</E>You may submit your comments electronically to<E T="03">http://www.regulations.gov.</E>Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments.</P>
        <P>2.<E T="03">By regular mail.</E>You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: CMS-R-284 (OCN 0938-0345), Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Martique Jones,</NAME>
          <TITLE>Director, Regulations Development Group, Division B, Office of Strategic Operations and Regulatory Affairs.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21594 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4120-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
        <DEPDOC>[Document Identifier CMS-359 and CMS-360]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Medicare &amp; Medicaid Services, HHS.</P>
        </AGY>
        
        <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare &amp; Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the Agency's function; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.</P>
        <P>1.<E T="03">Type of Information Collection Request:</E>Extension without change of a currently approved collection.<E T="03">Title of Information Collection:</E>Comprehensive Outpatient Rehabilitation Facility (CORF) Eligibility and Survey Forms.<E T="03">Use:</E>CMS-359 serves as the application for facilities wishing to participate in the Medicare/Medicaid program as CORFs. The form initiates the process for obtaining a decision as to whether the conditions of participation are met. It also promotes data reduction (key punching) or introduction to and retrieval from the Medicare/Medicaid Automated Certification System, ASPEN, by the CMS Regional Offices. Should any question arise regarding the structure of the organization, this information is readily available without going through the process of completing the form again.</P>

        <P>CMS-360 is used by the State survey agency to record data collected to determine provider compliance with individual conditions of participation and to report it to the federal government. CMS has the responsibility and authority for certification decisions which are based on provider compliance with the conditions of participation. The information needed to make these decisions is available to CMS only through the information abstracted from the survey checklists. The form is primarily a worksheet designed to facilitate key punching into ASPEN by the state agency after the survey is completed.<E T="03">Form Number:</E>CMS-359 (CORF Eligibility Form) and CMS-360 (CORF Survey Report Form); (OCN 0938-0267);<E T="03">Frequency:</E>Occasionally.<E T="03">Affected Public:</E>Private Sector (Business or other for-profits).<E T="03">Number of Respondents:</E>295.<E T="03">Total Annual Responses:</E>42.<E T="03">Total Annual Hours:</E>137. (For policy questions regarding this collection contact Georgia Johnson at 410-786-6859. For all other issues call 410-786-1326.)</P>

        <P>To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web site address at<E T="03">http://www.cms.hhs.gov/PaperworkReductionActof1995,</E>or Email your request, including your address, phone number, OMB number, and CMS document identifier, to<E T="03">Paperwork@cms.hhs.gov,</E>or call the Reports Clearance Office on (410) 786-1326.</P>

        <P>To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on October 1, 2012. OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-6974, Email:<E T="03">OIRA_submission@omb.eop.gov.</E>
        </P>
        <SIG>
          <PRTPAGE P="53204"/>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Martique Jones,</NAME>
          <TITLE>Director, Regulations Development Group, Division B, Office of Strategic Operations and Regulatory Affairs.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21593 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4120-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
        <DEPDOC>[CMS-3274-N]</DEPDOC>
        <SUBJECT>Medicare Program; Meeting of the Medicare Evidence Development and Coverage Advisory Committee—November 14, 2012</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces that a public meeting of the Medicare Evidence Development &amp; Coverage Advisory Committee (MEDCAC) (“Committee”) will be held on Wednesday, November 14, 2012. The Committee generally provides advice and recommendations concerning the adequacy of scientific evidence needed to determine whether certain medical items and services can be covered under the Medicare statute. This meeting will focus on the use of ventricular assist devices (VADs), a clinical strategy for the management of heart failure. This meeting is open to the public in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Meeting Date:</E>The public meeting will be held on Wednesday, November 14, 2012 from 7:30 a.m. until 4:30 p.m., Eastern Standard Time (EST).</P>
          <P>
            <E T="03">Deadline for Submission of Written Comments:</E>Written comments must be received at the address specified in the<E T="02">ADDRESSES</E>section of this notice by 5 p.m., Eastern Daylight Time (EDT), Monday, October 15, 2012. Once submitted, all comments are final.</P>
          <P>
            <E T="03">Deadlines for Speaker Registration and Presentation Materials:</E>The deadline to register to be a speaker and to submit PowerPoint presentation materials and writings that will be used in support of an oral presentation is 5:00 p.m., EDT on Monday, October 15, 2012. Speakers may register by phone or via email by contacting the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice. Presentation materials must be received at the address specified in the<E T="02">ADDRESSES</E>section of this notice.</P>
          <P>
            <E T="03">Deadline for All Other Attendees Registration:</E>Individuals may register online at<E T="03">http://www.cms.gov/apps/events/upcomingevents.asp?strOrderBy=1&amp;type=3</E>or by phone by contacting the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice by 5 p.m. EST, Wednesday, November 7, 2012. We will be broadcasting the meeting live via Webcast at<E T="03">http://www.cms.gov/live/.</E>
          </P>
          <P>
            <E T="03">Deadline for Submitting a Request for Special Accommodations:</E>Persons attending the meeting who are hearing or visually impaired, or have a condition that requires special assistance or accommodations, are asked to contact the Executive Secretary as specified in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice no later than 5:00 p.m., EDT Friday, November 2, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>
            <E T="03">Meeting Location:</E>The meeting will be held in the main auditorium of the Centers for Medicare &amp; Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244.</P>
          <P>
            <E T="03">Submission of Presentations and Comments:</E>Presentation materials and written comments that will be presented at the meeting must be submitted via email to<E T="03">MedCACpresentations@cms.hhs.gov</E>or by regular mail to the contact listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice by the date specified in the<E T="02">DATES</E>section of this notice.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Maria Ellis, Executive Secretary for MEDCAC, Centers for Medicare &amp; Medicaid Services, Center for Clinical Standards and Quality, Coverage and Analysis Group, S3-02-01, 7500 Security Boulevard, Baltimore, MD 21244 or contact Ms. Ellis by phone (410-786-0309) or via email at<E T="03">Maria.Ellis@cms.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>

        <P>MEDCAC, formerly known as the Medicare Coverage Advisory Committee (MCAC), provides advice and recommendations to CMS regarding clinical issues. (For more information on MCAC, see the December 14, 1998<E T="04">Federal Register</E>(63 FR 68780). This notice announces the Wednesday, November 14, 2012, public meeting of the Committee. During this meeting, the Committee will discuss the use of VADs, a clinical strategy for the management of heart failure. Background information about this topic, including panel materials, is available at<E T="03">http://www.cms.gov/medicare-coverage-database/indexes/medcac-meetings-index.aspx?bc=BAAAAAAAAAAA&amp;.</E>CMS will no longer be providing paper copies of the handouts for the meeting. Electronic copies of all the meeting materials will be on the CMS Web site no later than 2 business days before the meeting. We encourage the participation of appropriate organizations with expertise in the use of VADs.</P>
        <HD SOURCE="HD1">II. Meeting Format</HD>

        <P>This meeting is open to the public. The Committee will hear oral presentations from the public for approximately 45 minutes. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, CMS may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by October 22, 2012. Your comments should focus on issues specific to the list of topics that we have proposed to the Committee. The list of research topics to be discussed at the meeting will be available on the following web site prior to the meeting:<E T="03">http://www.cms.gov/medicare-coverage-database/indexes/medcac-meetings-index.aspx?bc=BAAAAAAAAAAA&amp;.</E>We require that you declare at the meeting whether you have any financial involvement with manufacturers (or their competitors) of any items or services being discussed.</P>
        <P>The Committee will deliberate openly on the topics under consideration. Interested persons may observe the deliberations, but the Committee will not hear further comments during this time except at the request of the chairperson. The Committee will also allow a 15-minute unscheduled open public session for any attendee to address issues specific to the topics under consideration. At the conclusion of the day, the members will vote and the Committee will make its recommendation(s) to CMS.</P>
        <HD SOURCE="HD1">III. Registration Instructions</HD>

        <P>CMS' Coverage and Analysis Group is coordinating meeting registration. While there is no registration fee, individuals must register to attend. You may register online at<E T="03">http://www.cms.gov/apps/events/upcomingevents.asp?strOrderBy=1&amp;type=3</E>or by phone by contacting the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice by the deadline listed in the<E T="02">DATES</E>section of this notice. Please provide your full name (as it appears on your state-issued driver's license),<PRTPAGE P="53205"/>address, organization, telephone, fax number(s), and email address. You will receive a registration confirmation with instructions for your arrival at the CMS complex or you will be notified that the seating capacity has been reached.</P>
        <HD SOURCE="HD1">IV. Security, Building, and Parking Guidelines</HD>
        <P>This meeting will be held in a Federal government building; therefore, Federal security measures are applicable. We recommend that confirmed registrants arrive reasonably early, but no earlier than 45 minutes prior to the start of the meeting, to allow additional time to clear security. Security measures include the following:</P>
        <P>• Presentation of government-issued photographic identification to the Federal Protective Service or Guard Service personnel.</P>
        <P>• Inspection of vehicle's interior and exterior (this includes engine and trunk inspection) at the entrance to the grounds. Parking permits and instructions will be issued after the vehicle inspection.</P>
        <P>• Inspection, via metal detector or other applicable means of all persons brought entering the building. We note that all items brought into CMS, whether personal or for the purpose of presentation or to support a presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for presentation or to support a presentation.</P>
        <P>
          <E T="04">Note:</E>Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building earlier than 45 minutes prior to the convening of the meeting. All visitors must be escorted in areas other than the lower and first floor levels in the Central Building.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>5 U.S.C. App. 2, section 10(a).</P>
        </AUTH>
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program)</FP>
        </EXTRACT>
        
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Patrick Conway,</NAME>
          <TITLE>CMS Chief Medical Officer and Director, Center for Clinical Standards and Quality, Centers for Medicare &amp; Medicaid Services.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21583 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4120-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel,Member Conflict: Eukaryotic Parasite Vector Biology.</P>
          <P>
            <E T="03">Date:</E>September 20-21, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6701 Rockledge Drive, Bethesda, MD 20892,(Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Fouad A El-Zaatari, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3206, MSC 7808,Bethesda, MD 20814-9692,(301) 435-1149,<E T="03">elzaataf@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Risk, Prevention and Health Behavior Integrated Review Group,Behavioral Medicine, Interventions and Outcomes Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>The Westin Riverwalk,420 W Market Street,San Antonio, TX 78205.</P>
          <P>
            <E T="03">Contact Person:</E>Lee S Mann, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3186, MSC 7848,Bethesda, MD 20892,301-435-0677,<E T="03">mannl@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Risk, Prevention and Health Behavior Integrated Review Group,Social Psychology, Personality and Interpersonal Processes StudySection.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Washington Marriott,1221 22nd Street NW.,Washington, DC 20037.</P>
          <P>
            <E T="03">Contact Person:</E>Monica Basco, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3220, MSC 7808,Bethesda, MD 20892,301-496-7010,<E T="03">bascoma@mail.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Vascular and Hematology Integrated Review Group,Vascular Cell and Molecular Biology Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 1:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Residence Inn—Bethesda Downtown,7355 Wisconsin Ave,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Larry Pinkus, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4132, MSC 7802,Bethesda, MD 20892,(301) 435-1214,<E T="03">pinkusl@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Cell Biology Integrated Review Group,Cellular Mechanisms in Aging and Development Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>St. Gregory Hotel,2033 M Street NW.,Washington, DC 20036.</P>
          <P>
            <E T="03">Contact Person:</E>John Burch, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institute of Health,6701 Rockledge Drive, Room 3213, MSC 7808,Bethesda, MD 20892,301-408-9519,<E T="03">burchjb@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Risk, Prevention and Health Behavior Integrated Review Group,Psychosocial Development, Risk and Prevention Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Washington Marriott,1221 22nd Street NW.,Washington, DC 20037.</P>
          <P>
            <E T="03">Contact Person:</E>Anna L Riley, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3114, MSC 7759,Bethesda, MD 20892,301-435-2889,<E T="03">rileyann@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Infectious Diseases and Microbiology Integrated Review Group,Host Interactions with Bacterial Pathogens Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications,</P>
          <P>
            <E T="03">Place:</E>Crowne Plaza Hotel—Silver Spring,8777 Georgia Avenue,Silver Spring, MD 20910.</P>
          <P>
            <E T="03">Contact Person:</E>Fouad A El-Zaatari, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3186, MSC 7808,Bethesda, MD 20892,(301) 435-1149,<E T="03">elzaataf@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Molecular, Cellular and Developmental Neuroscience Integrated ReviewGroup,Biophysics of Neural Systems Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 7:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Renaissance Harborplace Hotel,202 East Pratt Street,Baltimore, MD 21202.<PRTPAGE P="53206"/>
          </P>
          <P>
            <E T="03">Contact Person:</E>Geoffrey G Schofield, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4040-A, MSC 7850,Bethesda, MD 20892,301-435-1235,<E T="03">geoffreys@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Cardiovascular and Respiratory Sciences Integrated Review Group,Cardiovascular Differentiation and Development Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Renaissance Washington DC, Dupont Circle,1143 New Hampshire Avenue NW.,Washington, DC 20037.</P>
          <P>
            <E T="03">Contact Person:</E>Yuanna Cheng, Ph.D., MD,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4138, MSC 7814,Bethesda, MD 20892,(301) 435-1195,<E T="03">Chengy5@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Brain Disorders and Clinical Neuroscience Integrated Review Group,Chronic Dysfunction and Integrative Neurodegeneration Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Residence Inn Bethesda,7335 Wisconsin Avenue,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Kevin Walton, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 5200, MSC 7846,Bethesda, MD 20892,301-435-1785,<E T="03">kevin.walton@nih.hhs.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Brain Disorders and Clinical Neuroscience Integrated Review Group,Pathophysiological Basis of Mental Disorders and Addictions StudySection.</P>
          <P>
            <E T="03">Date:</E>October 4, 2012.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Embassy Suites DC Convention Center,900 10th Street NW.,Washington, DC 20001.</P>
          <P>
            <E T="03">Contact Person:</E>Julius Cinque, MS,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 5186, MSC 7846,Bethesda, MD 20892,(301) 435-1252,<E T="03">cinquej@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Infectious Diseases and Microbiology Integrated Review Group,Pathogenic Eukaryotes Study Section.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hilton Alexandria Old Town,1767 King Street,Alexandria, VA 22314.</P>
          <P>
            <E T="03">Contact Person:</E>Tera Bounds, DVM, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 3198, MSC 7808,Bethesda, MD 20892,(301) 435-2306,<E T="03">boundst@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel,Biochemistry and Biophysics of Membranes.</P>
          <P>
            <E T="03">Date:</E>October 4, 2012.</P>
          <P>
            <E T="03">Time:</E>10:00 a.m. to 1:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>St. Gregory Hotel,2033 M Street NW.,Washington, DC 20036.</P>
          <P>
            <E T="03">Contact Person:</E>John L. Bowers, Ph.D.,Scientific Review Officer,Center for Scientific Review,National Institutes of Health,6701 Rockledge Drive, Room 4170, MSC 7806,Bethesda, MD 20892,(301) 435-1725,<E T="03">bowersj@csr.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333,Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892,93.893, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21501 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special EmphasisPanel;Partnerships for Biodefense—Bacterial Therapeutics (1).</P>
          <P>
            <E T="03">Date:</E>September 25, 2012.</P>
          <P>
            <E T="03">Time:</E>11:00 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6700B Rockledge Drive,Bethesda, MD 20817,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Frank S. De Silva, Ph.D.,Scientific Review Officer,Scientific Review Program,Division of Extramural Activities,National Institutes of Health/NIAID,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892-7616,301-594-1009,<E T="03">fdesilva@niaid.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special EmphasisPanel;PA-10-271 Investigator Initiated P01.</P>
          <P>
            <E T="03">Date:</E>September 25, 2012.</P>
          <P>
            <E T="03">Time:</E>11:30 a.m. to 3:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6700B Rockledge Drive,Bethesda, MD 20817,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Maryam Feili-Hariri, Ph.D.,Scientific Review Officer,Immunology Review Branch,Scientific Review Program,DHHS/NIH/NIAID,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892,301-594-3243,<E T="03">haririmf@niaid.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special EmphasisPanel;Partnerships for Biodefense—Viral Therapeutics.</P>
          <P>
            <E T="03">Date:</E>September 27, 2012.</P>
          <P>
            <E T="03">Time:</E>11:00 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6700B Rockledge Drive,Bethesda, MD 20817,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Frank S. De Silva, Ph.D.,Scientific Review Officer,Scientific Review Program,Division of Extramural Activities,National Institutes of Health/NIAID,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892-7616,301-594-1009,<E T="03">fdesilva@niaid.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special Emphasis Panel;PA-10-271 Investigator Initiated P01.</P>
          <P>
            <E T="03">Date:</E>September 27, 2012.</P>
          <P>
            <E T="03">Time:</E>1:00 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,6700B Rockledge Drive,Bethesda, MD 20817,(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Maryam Feili-Hariri, Ph.D.,Scientific Review Officer,Immunology Review Branch,Scientific Review Program,DHHS/NIH/NIAID,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892,301-594-3243,<E T="03">haririmf@niaid.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, andTransplantation Research; 93.856, Microbiology and Infectious Diseases Research, NationalInstitutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21502 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Allergy And Infectious Diseases; Notice of Closed Meeting</SUBJECT>

        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as<PRTPAGE P="53207"/>amended (5 U.S.C. App.),notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special EmphasisPanel;Centers for AIDS Research &amp; Developmental Centers for AIDS Research.</P>
          <P>
            <E T="03">Date:</E>September 27-28, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hilton Washington/Rockville,1750 Rockville Pike,Rockville, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Uday K. Shankar,Scientific Review Officer,Scientific Review Program,DEA/NIAID/NIH/DHHS,Room 3246,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892-7616,301-594-3193,<E T="03">uday.shankar@nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21503 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Aging; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Initial Review Group,Behavior and Social Science of Aging Review Committee.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>4:00 p.m. to 12:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda,One Bethesda Metro Center,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Jeannette L. Johnson, Ph.D.,Scientific Review Officer,National Institutes on Aging,National Institutes of Health,7201 Wisconsin Avenue, Suite 2C-212,Bethesda, MD 20892,301-402-7705,<E T="03">johnsonj9@nia.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Initial Review Group,Neuroscience of Aging Review Committee.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>4:00 p.m. to 2:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda,One Bethesda Metro Center,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>William Cruce, Ph.D.,National Institute on Aging,Scientific Review Office,Gateway Building 2C-212,7201 Wisconsin Ave.,Bethesda, MD 20814,301-402-7704,<E T="03">crucew@nia.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Initial Review Group,Biological Aging Review Committee.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>5:00 p.m. to 1:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda,One Bethesda Metro Center,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Bita Nakhai, Ph.D.,Scientific Review Branch,National Institute on Aging,Gateway Bldg., 2C212,7201 Wisconsin Avenue,Bethesda, MD 20814,301-402-7701,<E T="03">nakhaib@nia.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Initial Review Group,Clinical Aging Review Committee.</P>
          <P>
            <E T="03">Date:</E>October 4-5, 2012.</P>
          <P>
            <E T="03">Time:</E>5:00 p.m. to 12:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hyatt Regency Bethesda,One Bethesda Metro Center,Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Alicja L. Markowska, Ph.D., DSC,National Institute on Aging,National Institutes of Health,Gateway Building 2C212,7201 Wisconsin Avenue,Bethesda, MD 20892,301-496-9666,<E T="03">markowsa@nia.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, NationalInstitutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated:August 27, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21505 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Aging; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Special Emphasis Panel, Pepper Centers.</P>
          <P>
            <E T="03">Date:</E>September 27-28, 2012.</P>
          <P>
            <E T="03">Time:</E>4 p.m. to 12 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Embassy Suites, 4300 Military Road, Washington, DC 20015.</P>
          <P>
            <E T="03">Contact Person:</E>Alicja L. Markowska, Ph.D., DSC, Scientific Review Branch, National Institute on Aging, 7201 Wisconsin Avenue, Suite 2c212, Bethesda, MD 20892, 301-496-9666,<E T="03">markowsa@nia.nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Special Emphasis Panel, NIA Institutional Research Training Grants—T32/T35.</P>
          <P>
            <E T="03">Date:</E>September 28, 2012.</P>
          <P>
            <E T="03">Time:</E>8 a.m. to 6 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>DoubleTree Hotel Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814.</P>
          <P>
            <E T="03">Contact Person:</E>Alfonso R. Latoni, Ph.D., Deputy Chief and Scientific Review Officer, Scientific Review Branch, National Institute on Aging, 7201 Wisconsin Avenue, Suite 2C218, Bethesda, MD 20892, 301-402-7702,<E T="03">Alfonso.Latoni@nih.gov</E>.</P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute on Aging Special Emphasis Panel, Sarcopenia, Redox Homeostasis and the Neuromuscular Junction.</P>
          <P>
            <E T="03">Date:</E>October 2, 2012.</P>
          <P>
            <E T="03">Time:</E>2 p.m. to 5:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Elaine Lewis, Ph.D., Scientific Review Branch, National Institute on Aging, Gateway Building, Suite 2C212, MSC-9205, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-402-7707,<E T="03">elainelewis@nia.nih.gov.</E>
          </P>
          
          <PRTPAGE P="53208"/>
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21506 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of a meeting of the Board of Scientific Counselors, NIDDK.</P>
        <P>The meeting will be closed to the public as indicated below in accordance with the provisions setforth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluationof individual intramural programs and projects conducted by the National Institute ofDiabetes and Digestive And Kidney Diseases, including consideration of personnelqualifications and performance, and the competence of individual investigators, the disclosure ofwhich would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Board of Scientific Counselors, NIDDK.</P>
          <P>
            <E T="03">Date:</E>October 11-12, 2012.</P>
          <P>
            <E T="03">Time:</E>October 11, 2012, 8:30 a.m. to 2:40 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate personal qualifications and performance, andcompetence of individual investigators.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,Building 10,10 Center Drive,Conference Room 2C116,Bethesda, MD 20892.</P>
          <P>
            <E T="03">Time:</E>October 12, 2012, 8:30 a.m. to 3:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate personal qualifications and performance, andcompetence of individual investigators.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,Building 10,10 Center Drive,Conference Room 2C116,Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Michael W. Krause, Ph.D.,Scientific Director,National Institute of Diabetes and Digestiveand Kidney Diseases,National Institute of Health,Building 5, Room B104,Bethesda, MD 20892-1818,(301) 402-4633,<E T="03">mwkrause@helix.nih.gov.</E>
          </P>
          
          <P>Any interested person may file written comments with the committee by forwarding the statementto the Contact Person listed on this notice. The statement should include the name, address,telephone number and when applicable, the business or professional affiliation of the interestedperson.</P>
          <P>In the interest of security, NIH has instituted stringent procedures for entrance onto the NIHcampus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected beforebeing allowed on campus. Visitors will be asked to show one form of identification (for example, agovernment-issued photo ID, driver's license, or passport) and to state the purpose of their visit.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology andMetabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases,Urology and Hematology Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21504 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5609-N-10]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Survey of Manufactured (Mobile) Home Placements</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Policy Development and Research, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>October 30, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street SW., Room 8226, Washington, DC 20410.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to: Shawn Bucholtz, Department of Housing and Urban Development, 451 7th Street SW., Room 8222, Washington, DC 20410; telephone (202) 402-5538 (this is not a toll-free number), (or via email at<E T="03">shawn.j.bucholtz@hud.gov</E>) or Erica Filipek, U.S. Census Bureau, Manufacturing and Construction Division, 4700 Silver Hill Road, Washington, DC 20233-6900, at (301) 763-5161 (or via email at<E T="03">Erica.Mary.Filipek@census.gov</E>).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <HD SOURCE="HD1">I. Abstract</HD>
        <P>The Survey of Manufactured (Mobile) Home Placements collects data on the characteristics of newly manufactured homes placed for residential use including number, sales price, location, and other selected characteristics. HUD uses the statistics to respond to a Congressional mandate in the Housing and Community Development Act of 1980, 42 U.S.C. 5424 note, which requires HUD to collect and report manufactured home sales and price information for the Nation, census regions, states, and selected metropolitan areas and to monitor whether new manufactured homes are being placed on owned rather than rented lots. HUD also used these data to monitor total housing production and its affordability.Furthermore, the Survey of Manufactured (Mobile) Home Placements serves as the basis for HUD's mandated indexing of loan limits. Section 2145(b) of the Housing and Economic Recovery Act (HERA) of 2008 requires HUD to develop a method of indexing to annually adjust Title I manufactured home loan limits. This index is based on manufactured housing price data collected by this survey. Section 2145 of the HERA of 2008 also amends the maximum loan limits for manufactured home loans insured under Title I. HUD implemented the revised loan limits, as shown below, for all manufactured home loans for which applications are received on or after March 3, 2009.</P>
        <GPOTABLE CDEF="s50,r100,20,20" COLS="4" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Loan type</CHED>
            <CHED H="1">Purpose</CHED>
            <CHED H="1">Old loan limit</CHED>
            <CHED H="1">New loan limit</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">MANUFACTURED HOME IMPROVEMENT LOAN</ENT>
            <ENT>For financing alterations, repairs and improvements upon or in connection with existing manufactured homes</ENT>
            <ENT>$17,500</ENT>
            <ENT>$25,090</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53209"/>
            <ENT I="01">MANUFACTURED HOME UNIT(S)</ENT>
            <ENT>To purchase or refinance a Manufactured Home unit(s)</ENT>
            <ENT>48,600</ENT>
            <ENT>69,678</ENT>
          </ROW>
          <ROW>
            <ENT I="01">LOT LOAN</ENT>
            <ENT>To purchase and develop a lot on which to place a manufactured home unit</ENT>
            <ENT>16,200</ENT>
            <ENT>23,226</ENT>
          </ROW>
          <ROW>
            <ENT I="01">COMBINATION LOAN FOR LOT AND HOME</ENT>
            <ENT>To purchase or refinance a manufactured home and lot on which to place the home</ENT>
            <ENT>64,800</ENT>
            <ENT>92,904</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">II. Method of Collection</HD>
        <P>The methodology for collecting information on new manufactured homes involves contacting a monthly sample of new manufactured homes shipped by manufacturers. The units are sampled from lists obtained from the Institute for Building Technology and Safety. Dealers that take shipment of the selected homes are mailed a survey form for recording the status of the manufactured home. Each successive month, the dealer is contacted by telephone and provides updated status information about the home. Contact continues until the selected home is placed.</P>
        <HD SOURCE="HD1">III. Data</HD>
        <P>
          <E T="03">OMB Control Number:</E>2528-0029.</P>
        <P>
          <E T="03">Form Number:</E>C-MH-9A.</P>
        <P>
          <E T="03">Type of Review:</E>Regular submission.</P>
        <P>
          <E T="03">Affected Public:</E>Business firms or other for-profit institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>6,000.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>30 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>3,000.</P>
        <P>
          <E T="03">Estimated Total Annual Cost:</E>$60,810.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Voluntary.</P>
        <P>
          <E T="03">Legal Authority:</E>Title 42 U.S.C. 5424 note, Title 13 U.S.C. 8(b), and Title 12, U.S.C., 1701z-1.</P>
        <HD SOURCE="HD1">IV. Request for Comments</HD>
        <P>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 (including hours and cost) of the proposed collection of information; (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>
        <P>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.</P>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Erika C. Poethig,</NAME>
          <TITLE>Acting Assistant Secretary for Policy Development and Research.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21591 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5607-N-28]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection: Comment Request; Home Equity Conversion Mortgage (HECM) Insurance Application for the Origination of Reverse Mortgages and Related Documents</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>October 30, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Karin Hill, Director, Office of Single Family Program Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 708-4308 (this is not a toll free number) for copies of the proposed forms and other available information.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Home Equity Conversion Mortgage (HECM) Insurance Application for the Origination of Reverse Mortgages (and Related Documents) and the Home Equity Reverse Mortgage Information Technology System (HERMIT).</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2502-0524.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>The Residential Loan Application for Reverse Mortgages and related documents are used to determine borrower eligibility, property analysis, underwriting analysis, and collection of mortgage insurance premiums for loans that meet statutory, regulatory, state and FHA requirements. HUD's Home Equity Reverse Mortgage Information Technology (HERMIT) System is HUD's system of record for the HECM program and it interfaces with other HUD systems.</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>HUD-92900-A, Fannie Mae 1009, HUD-92901, HUD-1, HUD-1 Addendum, HUD-92051, HUD-92561, HUD 92800.5B, Fannie Mae 1004, Fannie Mae 1004C, Fannie Mae 1025, Fannie Mae 1073,</P>
        <P>
          <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of<PRTPAGE P="53210"/>respondents, frequency of response, and hours of response:</E>The number of burden hours is 284,728. The number of respondents is 6,010, the number of responses is 997,050, the frequency of response is on occasion, and the burden hour per response is 3.753.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>This is a revision of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Laura M. Marin,</NAME>
          <TITLE>Acting General Deputy Assistant Secretary for Housing-Acting General Deputy Federal Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21603 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5607-N-27]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection: Comment Request; Request for Approval of Advance of Escrow Funds</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>October 30, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Daniel J. Sullivan, Acting Director, Office of Multifamily Housing Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 402-6130 (this is not a toll free number) for copies of the proposed forms and other available information.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Request for Approval of Advance of Escrow Funds.</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2502-0018.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>The information collected on the “Request for Approval of Advance of Escrow Funds” form is to ensure that escrowed funds are disposed of correctly for completion of offsite facilities, construction changes, construction cost not paid at final endorsement, non-critical repairs and capital needs assessment. The mortgagor must request withdrawal of escrowed funds through a depository (mortgagee). The HUD staff, Mortgage Credit Examiner, Inspector, and Architect, must use information collected to approve the withdrawal of escrowed funds for each item.</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>HUD-92464.</P>
        <P>
          <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>The number of burden hours is 2,448. The number of respondents is 2,480, the number of responses is 1,224, the frequency of response is monthly, and the burden hour per response is 2.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>This is an extension of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Laura Marin,</NAME>
          <TITLE>Acting General Deputy Assistant Secretary for Housing—Federal Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21598 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-58]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment:Public Housing Agency Burden Reduction Survey</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>The Department is looking at ways to reduce Public Housing Agency (PHA) burden through a wide range of activities from resident recertification and PHA unit inspection activities to improving access to HUD systems and information. The purpose of the survey is to determine whether the burden reduction activities have been effective.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date: October 1, 2012.</E>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0416) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov,</E>fax: 202-395-5806.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number (2577-New) and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette. Pollard@hud.gov</E>. or telephone (202)<PRTPAGE P="53211"/>402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.Copies of the proposed forms and other available information may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether theproposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who areto respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Public Housing Agency Burden Reduction Survey.</P>
        <P>
          <E T="03">OMB Control Number:</E>2577-New.</P>
        <P>
          <E T="03">Form Numbers:</E>None.</P>
        <P>
          <E T="03">Description of the Need for the Information and its Propose:</E>The Department is looking at ways to reduce Public Housing Agency (PHA) burden through a wide range of activities from resident recertification and PHA unit inspection activities to improving access to HUD systems and information. The purpose of the survey is to determine whether the burden reduction activities have been effective.</P>
        <GPOTABLE CDEF="xl50,12C,12C,2C,12C,12C" COLS="6" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Reporting burden</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01"/>
            <ENT>4,074</ENT>
            <ENT>1</ENT>
            <ENT/>
            <ENT>0.699</ENT>
            <ENT>2,851</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total Estimated Burden Hours:</E>2,851.</P>
        <P>
          <E T="03">Status:</E>New collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Departmental Reports Management Officer,Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21462 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-60]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Accountability in the Provision of HUD Assistance “Applicant/RecipientDisclosure/Update Report—HUD 2880”</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (HUD Reform Act) requires the Department to ensure greater accountability and integrity in the provision of assistance administered by the Department. One feature of the statute requires certain disclosures by applicants seeking assistance from HUD,assistance from states and units of local government, and other assistance to be used with respect to the activities to be carried out with the assistance. The disclosure includes the financial interests of persons in the activities, and the sources of funds to be madeavailable for the activities, and the proposed uses of the funds. Each applicant that submits an application for assistance, within the jurisdiction of HUD, to a state or to aunit of general local government for a specific project or activity must disclose this information whenever the dollar threshold is met. This information must be kept updated during the application review process and while the assistance is being provided.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>October 1, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number (2510-0011) and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette. Pollard@hud.gov</E>. or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. Copies of the proposed forms and other available information may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether theproposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Accountability in the Provision of HUD Assistance “Applicant/Recipient Disclosure/Update Report—HUD 2880.”</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2510-0011.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (HUD Reform Act) requires the Department to ensure greater accountability and integrity in the provision of assistance administered by the Department. One feature of the<PRTPAGE P="53212"/>statute requires certain disclosures by applicants seeking assistance from HUD, assistance from states and units of local government, and other assistance to be used with respect to the activities to be carried out with the assistance. The disclosure includes the financial interests of persons in the activities, and the sources of funds to be made available for the activities, and the proposed uses of the funds. Each applicant that submits an application for assistance, within the jurisdiction of HUD, to a state or to a unit of general local government for a specific project or activity must disclose this information whenever the dollar threshold is met. This information must be kept updated during the application review process and while the assistance is being provided.</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>HUD-2880.</P>
        <P>
          <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>The form, HUD 2880, must be submitted as part of an applicant's application for competitively funded assistance.</P>
        <GPOTABLE CDEF="s50,12C,12C,12C" COLS="4" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Number of respondents</CHED>
            <CHED H="1">Burden  hours</CHED>
            <CHED H="1">Frequency of response</CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">16,900</ENT>
            <ENT>2.0</ENT>
            <ENT>1.2</ENT>
            <ENT>40,560</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Status of the proposed information collection:</E>This is an extension of a previously approved information collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Departmental Reports Management Officer,Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21463 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-59]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection: Comment Request Strong Cities Strong Communities National Resource Network</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Policy Development and Research, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>October 1, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov</E>or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. Copies of the proposed forms and other available information may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Strong Cities Strong Communities National Resource Network.</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2528—Pending.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This is a new data collection for application and reporting information related to the proposed Strong Cities Strong Communities National Resource Network. The U.S. Department of Housing and Urban Development Appropriations Act, 2012 (Pub. L. 112-55, approved Nov. 18, 2011) funds technical assistance for HUD programs under the Transformation Initiative (TI) account. Through the Strong Cities Strong Communities National Resource Network, HUD and its partners will offer a central portal to connect America's most economically distressed local communities to national and local experts with wide-ranging experience and skills.</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>SF-424, SF-424 supp, SF-LLL, and SF 425.</P>
        <P>
          <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>The number of burden hours is 617. The number of respondents is 25, the frequency of response is 1, and the burden hour per response is 23.4.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>This is a new collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Departmental Reports Management Officer,Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21464 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5601-N-34]</DEPDOC>
        <SUBJECT>Federal Property Suitable as Facilities To Assist the Homeless</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Community Planning and Development, HUD.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="53213"/>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in<E T="03">National Coalition for the Homeless</E>v.<E T="03">Veterans Administration,</E>No. 88-2503-OG (D.D.C.).</P>
        <P>Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency's needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless.</P>
        <P>Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to Theresa Ritta, Division of Property Management, Program Support Center, HHS, room 5B-17, 5600 Fishers Lane, Rockville, MD 20857; (301) 443-2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581.</P>
        <P>For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable.</P>
        <P>For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available.</P>

        <P>Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Ann Marie Oliva at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the<E T="04">Federal Register</E>, the landholding agency, and the property number.</P>

        <P>For more information regarding particular properties identified in this Notice (i.e., acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses—<E T="03">Air Force:</E>Mr. Robert Moore, Air Force Real Property Agency, 143 Billy Mitchell Blvd., San Antonio, TX 78226, (210) 925-3047;<E T="03">Energy:</E>Mr. Mark Price, Department of Energy, Office of Engineering &amp; Construction Management, MA-50, 1000 Independence Ave, SW., Washington, DC 20585: (202) 586-5422;<E T="03">GSA:</E>Mr. Flavio Peres, General Services Administration, Office of Real Property Utilization and Disposal, 1800 F Street NW., Room 7040 Washington, DC 20405, (202) 501-0084;<E T="03">Interior:</E>Mr. Michael Wright, Acquisition &amp; Property Management, Department of the Interior, 1801 Pennsylvania Ave, NW., 4th Floor, Washington, DC 20006: 202-254-5522; (These are not toll-free numbers).</P>
        <SIG>
          <DATED>Dated: August 16, 2012.</DATED>
          <NAME>Ann Marie Oliva,</NAME>
          <TITLE>Deputy Assistant Secretary for Special Needs (Acting).</TITLE>
        </SIG>
        <HD SOURCE="HD1">TITLE V, FEDERAL SURPLUS PROPERTY PROGRAM, FEDERAL REGISTER REPORT FOR 08/31/2012</HD>
        <EXTRACT>
          <HD SOURCE="HD1">Suitable/Available Properties</HD>
          <HD SOURCE="HD2">Building</HD>
          <HD SOURCE="HD3">California</HD>
          <FP SOURCE="FP-1">Terrace Kitchen/Clubhouse</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park-Curry Village</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230003</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; extensive deterioration; need repairs; 1,067 sf.; built into surrounding rocks; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">Terrace Restroom</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park-Curry Village</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230004</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; extensive deterioration; need repairs; 514 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">Tressider House</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park-Curry Village</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230005</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; extensive deterioration; need repairs; 1,018 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">Rock Restroom</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park-Curry Village</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230006</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; extensive deterioration; need repairs; 558 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">Nob Hill Shower House</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230007<PRTPAGE P="53214"/>
          </FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; moderate conditions; need repairs; 2,673 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">4 Buildings</FP>
          <FP SOURCE="FP-1">Cabins w/Bath</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230008</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Directions: CVE Cabin101 A, CVL478, CVL479, CVL484</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; moderate conditions; need repairs; various sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">19 Buildings</FP>
          <FP SOURCE="FP-1">Duplex Cabins</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230009</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Directions: 30A/B, 31A/B, 50A/B, 51A/B, 52A/B, 53A/B, 54A/B, 60A/B, 62A/B, 63A/B, 65A/B, 70A/B, 71A/B, 72A/B, 73A/B, 74A/B, 75A/B, 76A/B, 80A/B</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; moderate conditions; need repairs; 513 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">33 Buildings</FP>
          <FP SOURCE="FP-1">Duplex Cabins</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230010</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Directions: 214-218, 223-229, 236-247, 250-251, 254, 257-270, 273, 275-282, 286-299</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; moderate conditions; need repairs; 342 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          
          <FP SOURCE="FP-1">11 Buildings</FP>
          <FP SOURCE="FP-1">Yosemite Nat'l Park-Curry Village</FP>
          <FP SOURCE="FP-1">Yosemite CA 95389</FP>
          <FP SOURCE="FP-1">Landholding Agency: Interior</FP>
          <FP SOURCE="FP-1">Property Number: 61201230011</FP>
          <FP SOURCE="FP-1">Status: Unutilized</FP>
          <FP SOURCE="FP-1">Directions: 220, 233, 235, 252, 253, 255, 256, 271, 272, 274, 230</FP>
          <FP SOURCE="FP-1">Comments: Off-site removal only; removal may be improbable due to location/condition of property; moderate conditions; need repairs; 172 sf.; rock-fall zone; threat to personal safety; alternative method for transferee to access/remove; contact Interior for more details</FP>
          <HD SOURCE="HD2">Land</HD>
          <HD SOURCE="HD3">Michigan</HD>
          <FP SOURCE="FP-1">FAA Outer Marker</FP>
          <FP SOURCE="FP-1">Ash Rd. East of Clark Rd.</FP>
          <FP SOURCE="FP-1">New Boston MI 48164</FP>
          <FP SOURCE="FP-1">Landholding Agency: GSA</FP>
          <FP SOURCE="FP-1">Property Number: 54201230009</FP>
          <FP SOURCE="FP-1">Status: Excess</FP>
          <FP SOURCE="FP-1">GSA Number: 1-U-MI-0840</FP>
          <FP SOURCE="FP-1">Comments: .24 acres; located in a rural area; neighboring farm fields</FP>
          
          <FP SOURCE="FP-1">FAA Outer Marker</FP>
          <FP SOURCE="FP-1">N. Side of Avondale St., W. of Tobin Dr.</FP>
          <FP SOURCE="FP-1">Inkster MI 48141</FP>
          <FP SOURCE="FP-1">Landholding Agency: GSA</FP>
          <FP SOURCE="FP-1">Property Number: 54201230010</FP>
          <FP SOURCE="FP-1">Status: Excess</FP>
          <FP SOURCE="FP-1">GSA Number: 1-U-MI-0841</FP>
          <FP SOURCE="FP-1">Comments: .55 acres; located in a residential area; flat &amp; glassy; public park located north of property</FP>
          <HD SOURCE="HD1">Unsuitable Properties</HD>
          <HD SOURCE="HD2">Building</HD>
          <HD SOURCE="HD3">Alabama</HD>
          <FP SOURCE="FP-1">2 Buildings</FP>
          <FP SOURCE="FP-1">Maxwell-Gunter AFB</FP>
          <FP SOURCE="FP-1">Maxwell AFB AL 36112</FP>
          <FP SOURCE="FP-1">Landholding Agency: Air Force</FP>
          <FP SOURCE="FP-1">Property Number: 18201230004</FP>
          <FP SOURCE="FP-1">Status: Underutilized</FP>
          <FP SOURCE="FP-1">Directions: 853,926</FP>
          <FP SOURCE="FP-1">Comments: Located on military installation; authorized military personnel only; public access denied &amp; no alternative method to gain access w/out comprising nat'l security</FP>
          <FP SOURCE="FP-1">Reasons: Secured Area</FP>
          <HD SOURCE="HD3">Tennessee</HD>
          <FP SOURCE="FP-1">7 Buildings</FP>
          <FP SOURCE="FP-1">Y-12 Nat'l Security Complex</FP>
          <FP SOURCE="FP-1">Oak Ridge TN 37831</FP>
          <FP SOURCE="FP-1">Landholding Agency: Energy</FP>
          <FP SOURCE="FP-1">Property Number: 41201230003</FP>
          <FP SOURCE="FP-1">Status: Excess</FP>
          <FP SOURCE="FP-1">Directions: 9107, 9124, 9723-35, 9720-37, 9949-36, 9983-88, 9983-GX</FP>
          <FP SOURCE="FP-1">Comments: Public access denied &amp; no alternative method to gain access w/out comprising nat'l security</FP>
          <FP SOURCE="FP-1">Reasons: Secured Area</FP>
          
        </EXTRACT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21228 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5415-FA-29]</DEPDOC>
        <SUBJECT>Announcement of Funding Awards; Service Coordinators in Multifamily Housing Program, Fiscal Year (FY) 2010</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Announcement of funding awards.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the FY 2010 Notice of Funding Availability (NOFA) for the Service Coordinators in Multifamily Housing program. This announcement contains the names of the awardees and the amounts of the awards made available by HUD.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ms. Catherine M. Brennan, Director, Office of Housing Assistance and Grant Administration, Office of Housing, 451 Seventh Street SW., Room 6138, Washington, DC 20410; telephone number 202-708-3000. (This is not a toll-free number). Hearing- and speech-impaired persons may access this number via TTY by calling the Federal Relay Service toll-free at 1-800-877-8339. For general information on this and other HUD programs, visit the HUD Web site at<E T="03">http://www.hud.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Service Coordinators in Multifamily Housing program is authorized by Section 808 of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990), as amended by sections 671, 674, 676, and 677 of the Housing and Community Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992), and section 851 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569, approved December 27, 2000). The Service Coordinators in Multifamily Housing program allows multifamily housing owners to assist elderly individuals and nonelderly people with disabilities living in HUD-assisted housing and in the surrounding area to obtain needed supportive services from the community, to enable them to continue living as independently as possible in their homes.</P>

        <P>The FY 2010 awards announced in this notice identify applicants that were selected for funding based on a competition announced by a NOFA published on<E T="03">www.Grants.gov</E>on January 25, 2011. Applications were reviewed and selected for funding on the basis of selection criteria contained in that NOFA. The funding awarded to the recipients under this NOFA, however, was appropriated by the Full-Year Continuing Appropriations Act, 2011 (Pub. L. 112-10, approved April 15, 2011), and not the Department of Housing and Urban Development Appropriations Act, 2010 (Pub. L. 111-117, approved December 16, 2009) (FY 2010 Act) as stated in the NOFA. The funding appropriated under the FY 2010 Act was used by HUD to provide one-year renewal funding to previously funded Service Coordinator in Multifamily Housing and Congregate Housing Services Program grantees<PRTPAGE P="53215"/>whose grants would have expired in FY 2010 and 2011.</P>
        <P>The Catalog of Federal Domestic Assistance number for this program is 14.191.</P>
        <P>A total of $32,733,268 was awarded to 162 owners, serving 173 projects with 19,195 units nationwide. In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987. 42 U.S.C. 3545), the Department is publishing the grantees and amounts of the awards in Appendix A of this document.</P>
        <SIG>
          <DATED>Dated: August 22, 2012.</DATED>
          <NAME>Carol A. Galante,</NAME>
          <TITLE>Acting Assistant Secretary for Housing—Federal Housing Commissioner.</TITLE>
        </SIG>
        <GPOTABLE CDEF="s25,r50,r50,r50,r50,10,10" COLS="7" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">State</CHED>
            <CHED H="1">Recipient name</CHED>
            <CHED H="1">Project name</CHED>
            <CHED H="1">Address</CHED>
            <CHED H="1">City</CHED>
            <CHED H="1">Number of units</CHED>
            <CHED H="1">Grant amount</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">AR</ENT>
            <ENT>Jonesboro Ecumenical Center, Inc</ENT>
            <ENT>Jonesboro Ecumenical Center</ENT>
            <ENT>2510 Ecumenical Dr</ENT>
            <ENT>Jonesboro</ENT>
            <ENT>70</ENT>
            <ENT>$147,104</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AZ</ENT>
            <ENT>Casa Sierra Vista, Inc.</ENT>
            <ENT>Casa Sierra Vista</ENT>
            <ENT>600-A E 25th St</ENT>
            <ENT>Yuma</ENT>
            <ENT>30</ENT>
            <ENT>190,867</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>St. John Village, LP</ENT>
            <ENT>St. John Manor</ENT>
            <ENT>900 E 4thSt</ENT>
            <ENT>Bakersfield</ENT>
            <ENT>79</ENT>
            <ENT>159,814</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>St. John's Manor, LP</ENT>
            <ENT>St. John's Manor</ENT>
            <ENT>2031 Orange Ave</ENT>
            <ENT>Costa Mesa</ENT>
            <ENT>36</ENT>
            <ENT>101,001</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Our Lady of Guadalupe</ENT>
            <ENT>Guadalupe Manor</ENT>
            <ENT>17103 Magnolia St</ENT>
            <ENT>Fountain Valley</ENT>
            <ENT>71</ENT>
            <ENT>132,533</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Gardena Non-Profit Senior Housing</ENT>
            <ENT>Gardena Sr Hsg</ENT>
            <ENT>17150 S Park Ln</ENT>
            <ENT>Gardena</ENT>
            <ENT>74</ENT>
            <ENT>183,439</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Access Irvine, Inc.</ENT>
            <ENT>Access Irvine, Inc.</ENT>
            <ENT>3773 University Dr</ENT>
            <ENT>Irvine</ENT>
            <ENT>40</ENT>
            <ENT>130,752</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Lawndale Senior Housing, Inc</ENT>
            <ENT>Lawndale Senior Housing</ENT>
            <ENT>4702 W 153rd Pl</ENT>
            <ENT>Lawndale</ENT>
            <ENT>56</ENT>
            <ENT>130,417</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Long Beach Brethren Manor, Inc</ENT>
            <ENT>Long Beach Brethren Manor</ENT>
            <ENT>3333 Pacific Pl</ENT>
            <ENT>Long Beach</ENT>
            <ENT>296</ENT>
            <ENT>70,493</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>CLDH Affordable L.P</ENT>
            <ENT>Casa De Las Hermanitas</ENT>
            <ENT>2801 E 2nd St</ENT>
            <ENT>Los Angeles</ENT>
            <ENT>88</ENT>
            <ENT>279,605</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Van Nuys Preservation, L.P</ENT>
            <ENT>Van Nuys Apts</ENT>
            <ENT>210 W 7th St</ENT>
            <ENT>Los Angeles</ENT>
            <ENT>299</ENT>
            <ENT>537,463</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Golden Age Garden Housing Partners, LP</ENT>
            <ENT>Golden Age Gardens Apts</ENT>
            <ENT>740 S 36th St</ENT>
            <ENT>San Diego</ENT>
            <ENT>76</ENT>
            <ENT>263,846</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CA</ENT>
            <ENT>Jones Senior Homes Inc</ENT>
            <ENT>Jones Senior Homes</ENT>
            <ENT>1727 Fillmore St</ENT>
            <ENT>San Francisco</ENT>
            <ENT>51</ENT>
            <ENT>280,635</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Fletcher Garden, LLLP</ENT>
            <ENT>Fletcher Gardens</ENT>
            <ENT>1401 Emporia St</ENT>
            <ENT>Aurora</ENT>
            <ENT>94</ENT>
            <ENT>104,890</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Steele Denver Gardens LLC</ENT>
            <ENT>Denver Gardens Apts</ENT>
            <ENT>6801 E Mississippi St</ENT>
            <ENT>Denver</ENT>
            <ENT>100</ENT>
            <ENT>196,745</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Denver Metro Village, Inc</ENT>
            <ENT>Denver Metro Village</ENT>
            <ENT>1523 Quitman St</ENT>
            <ENT>Denver</ENT>
            <ENT>192</ENT>
            <ENT>183,145</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Francis Heights, Inc.</ENT>
            <ENT>Francis Heights</ENT>
            <ENT>2626 Osceola</ENT>
            <ENT>Denver</ENT>
            <ENT>382</ENT>
            <ENT>226,852</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Oakbrook I Manor Housing Partners, LLLP</ENT>
            <ENT>Oakbrook Manor I</ENT>
            <ENT>3200 Stanford Rd</ENT>
            <ENT>Fort Collins</ENT>
            <ENT>107</ENT>
            <ENT>301,222</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Housing Authority of the City of Grand Junction</ENT>
            <ENT>Walnut Park Apts</ENT>
            <ENT>2236 N 17th St</ENT>
            <ENT>Grand Junction</ENT>
            <ENT>78</ENT>
            <ENT>149,989</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CO</ENT>
            <ENT>Birchwood EHP, LP</ENT>
            <ENT>Birchwood Manor</ENT>
            <ENT>2830 27th St Ln</ENT>
            <ENT>Greeley</ENT>
            <ENT>162</ENT>
            <ENT>338,645</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Robbin Nicoletti</ENT>
            <ENT>Woodview Apartments</ENT>
            <ENT>1270 N High St</ENT>
            <ENT>East Haven</ENT>
            <ENT>120</ENT>
            <ENT>178,245</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Church Housing for Fairfield, Inc</ENT>
            <ENT>Parish Court</ENT>
            <ENT>175 Wardeter</ENT>
            <ENT>Fairfield</ENT>
            <ENT>100</ENT>
            <ENT>222,696</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Naubuc Green Inc</ENT>
            <ENT>Naubuc Green</ENT>
            <ENT>193 Welles St</ENT>
            <ENT>Glastonbury</ENT>
            <ENT>111</ENT>
            <ENT>230,155</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Sigourney Square Associates, LP</ENT>
            <ENT>Sigourney Square</ENT>
            <ENT>280-6 Sigourney St</ENT>
            <ENT>Hartford</ENT>
            <ENT>42</ENT>
            <ENT>140,813</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>New Haven Associates Limited Partnership</ENT>
            <ENT>Berger Apartments</ENT>
            <ENT>135 Derby Ave</ENT>
            <ENT>New Haven</ENT>
            <ENT>144</ENT>
            <ENT>277,750</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Hamilton Park Associations</ENT>
            <ENT>Hamilton Park</ENT>
            <ENT>281 Hamilton Ave</ENT>
            <ENT>Norwich</ENT>
            <ENT>120</ENT>
            <ENT>107,878</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Florence Mill Associates</ENT>
            <ENT>Florence Mill Apartments</ENT>
            <ENT>121 West Main Street</ENT>
            <ENT>Rockville</ENT>
            <ENT>113</ENT>
            <ENT>230,155</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>Josephine Towers Limited Partnership</ENT>
            <ENT>Josephine Towers</ENT>
            <ENT>24 Union St</ENT>
            <ENT>Waterbury</ENT>
            <ENT>125</ENT>
            <ENT>182,669</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CT</ENT>
            <ENT>BC Countryside I LLC</ENT>
            <ENT>Countryside Apts/Lakeside</ENT>
            <ENT>12 Wolf Hill Rd</ENT>
            <ENT>Wolcott</ENT>
            <ENT>55</ENT>
            <ENT>234,702</ENT>
          </ROW>
          <ROW>
            <ENT I="01">FL</ENT>
            <ENT>Suncoast Christian Housing, Inc</ENT>
            <ENT>Burlington Tower</ENT>
            <ENT>1000 Burlington Ave N</ENT>
            <ENT>Saint Petersburg</ENT>
            <ENT>116</ENT>
            <ENT>198,970</ENT>
          </ROW>
          <ROW>
            <ENT I="01">FL</ENT>
            <ENT>J.H. Floyd Sunshine Village, Inc</ENT>
            <ENT>J. H. Floyd Sunshine Village</ENT>
            <ENT>1777 18th ST</ENT>
            <ENT>Sarasota</ENT>
            <ENT>59</ENT>
            <ENT>113,638</ENT>
          </ROW>
          <ROW>
            <ENT I="01">FL</ENT>
            <ENT>JCT II LLC</ENT>
            <ENT>Jewish Center Towers</ENT>
            <ENT>3001 W De Leon St</ENT>
            <ENT>Tampa</ENT>
            <ENT>199</ENT>
            <ENT>144,295</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GA</ENT>
            <ENT>Wheat Street Charitable Foundation, Inc</ENT>
            <ENT>Wheat Street Towers</ENT>
            <ENT>375 Auburn Ave</ENT>
            <ENT>Atlanta</ENT>
            <ENT>210</ENT>
            <ENT>274,893</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GA</ENT>
            <ENT>Vineville Towers Associates Limited Partnership</ENT>
            <ENT>Clisby Towers</ENT>
            <ENT>2087 Vineville Ave</ENT>
            <ENT>Macon</ENT>
            <ENT>52</ENT>
            <ENT>80,687</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GA</ENT>
            <ENT>Dempsey Apartments</ENT>
            <ENT>Dempsey Apartments</ENT>
            <ENT>523 Cherry St</ENT>
            <ENT>Macon</ENT>
            <ENT>194</ENT>
            <ENT>170,326</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GA</ENT>
            <ENT>St. Paul Village, Inc.</ENT>
            <ENT>Saint Paul Village</ENT>
            <ENT>1355-A Forsyth St</ENT>
            <ENT>Macon</ENT>
            <ENT>48</ENT>
            <ENT>101,016</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GA</ENT>
            <ENT>Ashton Savannah LP</ENT>
            <ENT>Savannah Summit</ENT>
            <ENT>135 Hampstead Avenue</ENT>
            <ENT>Savannah</ENT>
            <ENT>138</ENT>
            <ENT>186,225</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53216"/>
            <ENT I="01">GA</ENT>
            <ENT>Oglethorpe Square Apartments, a limited partnership</ENT>
            <ENT>The Woods of Savannah</ENT>
            <ENT>7364-C Hodgson Memorial Dr</ENT>
            <ENT>Savannah</ENT>
            <ENT>94</ENT>
            <ENT>192,157</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GU</ENT>
            <ENT>Guam Housing and Urban Renewal Authority</ENT>
            <ENT>Guam Elderly Hsg</ENT>
            <ENT>146 Pale San Vitores Rd</ENT>
            <ENT>Tumon</ENT>
            <ENT>50</ENT>
            <ENT>197,700</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IA</ENT>
            <ENT>Spruce Hills Village, LLC</ENT>
            <ENT>Spruce Hills</ENT>
            <ENT>2380 Tech Dr</ENT>
            <ENT>Bettendorf</ENT>
            <ENT>63</ENT>
            <ENT>79,532</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IA</ENT>
            <ENT>St Mary's Apartments of Dubuque, LLC</ENT>
            <ENT>St. Mary's</ENT>
            <ENT>2955 Kaufmann Ave</ENT>
            <ENT>Dubuque</ENT>
            <ENT>79</ENT>
            <ENT>92,250</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IA</ENT>
            <ENT>Meadows Apartments of Nevada, LLC</ENT>
            <ENT>The Meadows</ENT>
            <ENT>402 5th St</ENT>
            <ENT>Nevada</ENT>
            <ENT>49</ENT>
            <ENT>67,026</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IA</ENT>
            <ENT>Liberty Manor Apartments of Waterloo, LLC</ENT>
            <ENT>Liberty Manor</ENT>
            <ENT>1119 Kent Cir</ENT>
            <ENT>Waterloo</ENT>
            <ENT>57</ENT>
            <ENT>69,826</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Assisi Homes Constitution House, Inc</ENT>
            <ENT>Constitution House</ENT>
            <ENT>401 N Constitution Dr</ENT>
            <ENT>Aurora</ENT>
            <ENT>232</ENT>
            <ENT>233,174</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Carbondale II LP</ENT>
            <ENT>Carbondale Towers</ENT>
            <ENT>800-820 W Mill St</ENT>
            <ENT>Carbondale</ENT>
            <ENT>231</ENT>
            <ENT>232,915</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Assisi Homes Colony Park, Inc</ENT>
            <ENT>Colony Park Apartments</ENT>
            <ENT>550 E Thornhill Dr</ENT>
            <ENT>Carol Stream</ENT>
            <ENT>284</ENT>
            <ENT>234,174</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Round Barn Manor Preservation, L.P</ENT>
            <ENT>Round Barn Manor</ENT>
            <ENT>2000 W John St</ENT>
            <ENT>Champaign</ENT>
            <ENT>156</ENT>
            <ENT>368,300</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Englewood Eden Green Ltd</ENT>
            <ENT>Antioch Haven Homes</ENT>
            <ENT>420 W 63rd St</ENT>
            <ENT>Chicago</ENT>
            <ENT>195</ENT>
            <ENT>263,033</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Paul G. Stewart Apartments Associates Phase IV</ENT>
            <ENT>Paul G. Stewart Apts (Phase IV)</ENT>
            <ENT>400 East 41st Street</ENT>
            <ENT>Chicago</ENT>
            <ENT>187</ENT>
            <ENT>443,977</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Kenwin Venture LLLP</ENT>
            <ENT>Pines of Edgewater</ENT>
            <ENT>5439 N Kenmore</ENT>
            <ENT>Chicago</ENT>
            <ENT>279</ENT>
            <ENT>302,835</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>West Point Plaza Venture LLLP</ENT>
            <ENT>West Point Plaza</ENT>
            <ENT>300 S. Damen</ENT>
            <ENT>Chicago</ENT>
            <ENT>200</ENT>
            <ENT>580,690</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Riverwoods Preservation, L.P</ENT>
            <ENT>River Woods</ENT>
            <ENT>300 E River St</ENT>
            <ENT>Kankakee</ENT>
            <ENT>125</ENT>
            <ENT>248,523</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Southern Illinois VOA Elderly Housing, Inc</ENT>
            <ENT>Cedars of Lebanon</ENT>
            <ENT>600 S Horner St</ENT>
            <ENT>Lebanon</ENT>
            <ENT>120</ENT>
            <ENT>219,230</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Langman Apartments Associates</ENT>
            <ENT>Langman Apts.</ENT>
            <ENT>2301 E 1st St</ENT>
            <ENT>Milan</ENT>
            <ENT>100</ENT>
            <ENT>229,887</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>TM Wallick Residential Properties I Limited Partnership</ENT>
            <ENT>T M Wallick Residence</ENT>
            <ENT>2401 North Gail Avenue</ENT>
            <ENT>Peoria</ENT>
            <ENT>476</ENT>
            <ENT>469,291</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Watch Hill Tower Associates</ENT>
            <ENT>Watch Hill Tower</ENT>
            <ENT>3705 9th St</ENT>
            <ENT>Rock Island</ENT>
            <ENT>140</ENT>
            <ENT>232,807</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Skyrise LLC</ENT>
            <ENT>Skyrise Apts</ENT>
            <ENT>837 N Main St</ENT>
            <ENT>Rockford</ENT>
            <ENT>170</ENT>
            <ENT>375,056</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Illini Tower Associates</ENT>
            <ENT>Illini Towers</ENT>
            <ENT>940 Crosstown Ave</ENT>
            <ENT>Silvis</ENT>
            <ENT>100</ENT>
            <ENT>231,209</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>Council for Jewish Elderly</ENT>
            <ENT>Village Center</ENT>
            <ENT>5140 Galtiz St.</ENT>
            <ENT>Skokie</ENT>
            <ENT>151</ENT>
            <ENT>214,566</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IL</ENT>
            <ENT>University Park Apartments, L.P</ENT>
            <ENT>Thornwood House</ENT>
            <ENT>1 Thornwood Mall</ENT>
            <ENT>University Park</ENT>
            <ENT>183</ENT>
            <ENT>460,561</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Apartment Living, Inc.</ENT>
            <ENT>Apartment Living</ENT>
            <ENT>308 W 19th St</ENT>
            <ENT>Anderson</ENT>
            <ENT>20</ENT>
            <ENT>103,810</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Anderson, a limited partnership</ENT>
            <ENT>Cambridge Square Anderson</ENT>
            <ENT>1430 E 60th St</ENT>
            <ENT>Anderson</ENT>
            <ENT>150</ENT>
            <ENT>236,961</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Glick Wesley Park Housing, LLC</ENT>
            <ENT>Wesley Park Apartments</ENT>
            <ENT>1304 Wesley Rd</ENT>
            <ENT>Auburn</ENT>
            <ENT>72</ENT>
            <ENT>234,278</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Bedford, a limited partnership</ENT>
            <ENT>Cambridge Square Bedford</ENT>
            <ENT>1941 Plaza Dr</ENT>
            <ENT>Bedford</ENT>
            <ENT>135</ENT>
            <ENT>224,520</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Beech Grove, a limited partnership</ENT>
            <ENT>Cambridge Square Beech Grove</ENT>
            <ENT>335 Churchman Place</ENT>
            <ENT>Beech Grove</ENT>
            <ENT>126</ENT>
            <ENT>240,140</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Bloomington, a limited partnership</ENT>
            <ENT>Cambridge Square Bloomington</ENT>
            <ENT>307 N Pete Ellis Dr</ENT>
            <ENT>Bloomington</ENT>
            <ENT>153</ENT>
            <ENT>224,571</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Carriage House of Evansville, a limited partnership</ENT>
            <ENT>Carriage House Evansville I</ENT>
            <ENT>5300 Carriage Dr</ENT>
            <ENT>Evansville</ENT>
            <ENT>207</ENT>
            <ENT>230,957</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Fairington Apartments of Fort Wayne, a limited partnership</ENT>
            <ENT>Fairington Apartments Fort Wayne</ENT>
            <ENT>4931 Fairington Dr</ENT>
            <ENT>Fort Wayne</ENT>
            <ENT>201</ENT>
            <ENT>234,636</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Skybird Manor LP</ENT>
            <ENT>Skybird Manor</ENT>
            <ENT>302 E 10th St</ENT>
            <ENT>Greensburg</ENT>
            <ENT>60</ENT>
            <ENT>110,310</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square North Associates II, a limited partnership</ENT>
            <ENT>Cambridge Square North II</ENT>
            <ENT>7110 Township Line Road</ENT>
            <ENT>Indianapolis</ENT>
            <ENT>200</ENT>
            <ENT>241,849</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53217"/>
            <ENT I="01">IN</ENT>
            <ENT>Jamestown Square North, a limited partnership</ENT>
            <ENT>Carriage House Glendale</ENT>
            <ENT>2516 Tacoma Circle</ENT>
            <ENT>Indianapolis</ENT>
            <ENT>204</ENT>
            <ENT>241,358</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Behavior Corp Properties, LLC</ENT>
            <ENT>Group Homes</ENT>
            <ENT>6855 Township Line Rd</ENT>
            <ENT>Indianapolis</ENT>
            <ENT>44</ENT>
            <ENT>108,310</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Fairington Apartments of Lafayette, a limited partnership</ENT>
            <ENT>Fairington Apartments Lafayette</ENT>
            <ENT>225 Fairington Ct</ENT>
            <ENT>Lafayette</ENT>
            <ENT>150</ENT>
            <ENT>225,968</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Laporte, a limited partnership</ENT>
            <ENT>Cambridge Square Laporte</ENT>
            <ENT>1111 Longwood Dr</ENT>
            <ENT>Laporte</ENT>
            <ENT>134</ENT>
            <ENT>235,830</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Marion, a limited partnership</ENT>
            <ENT>Cambridge Square Marion</ENT>
            <ENT>1525 W Timberview Dr</ENT>
            <ENT>Marion</ENT>
            <ENT>124</ENT>
            <ENT>231,720</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Housing Authority of the City of Marion, IN</ENT>
            <ENT>Hilltop Towers</ENT>
            <ENT>520 W Nelson St</ENT>
            <ENT>Marion</ENT>
            <ENT>98</ENT>
            <ENT>182,777</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Muncie, a limited partnership</ENT>
            <ENT>Cambridge Square Muncie</ENT>
            <ENT>1601 E Mcgalliard Rd</ENT>
            <ENT>Muncie</ENT>
            <ENT>124</ENT>
            <ENT>238,888</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Cambridge Square of Richmond, a limited partnership</ENT>
            <ENT>Cambridge Square Richmond</ENT>
            <ENT>3800 South A Street</ENT>
            <ENT>Richmond</ENT>
            <ENT>150</ENT>
            <ENT>229,815</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Rushville Commons LP</ENT>
            <ENT>Rushville Commons</ENT>
            <ENT>215 Aspen Dr</ENT>
            <ENT>Rushville</ENT>
            <ENT>48</ENT>
            <ENT>110,670</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Jamestown Apartments of Seymour, a limited partnership</ENT>
            <ENT>Jamestown Apartments Seymour</ENT>
            <ENT>745 Miller Ln</ENT>
            <ENT>Seymour</ENT>
            <ENT>150</ENT>
            <ENT>223,781</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Fairington Apartments of South Bend, a limited partnership</ENT>
            <ENT>Fairington Apartments South Bend</ENT>
            <ENT>1220 Fairington Circle</ENT>
            <ENT>South Bend</ENT>
            <ENT>201</ENT>
            <ENT>240,240</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IN</ENT>
            <ENT>Jamestown Square of Vincennes, a limited partnership</ENT>
            <ENT>Jamestown Square Vincennes</ENT>
            <ENT>360 Felt King Rd</ENT>
            <ENT>Vincennes</ENT>
            <ENT>120</ENT>
            <ENT>224,547</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KS</ENT>
            <ENT>Brookridge EDF Housing Investors, LP</ENT>
            <ENT>Brookridge Plaza</ENT>
            <ENT>1259 N Buckner St</ENT>
            <ENT>Derby</ENT>
            <ENT>46</ENT>
            <ENT>53,178</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KS</ENT>
            <ENT>COF Training Services, Inc., Ottawa Project</ENT>
            <ENT>COF Training Services, Inc</ENT>
            <ENT>726 W 13th St</ENT>
            <ENT>Ottawa</ENT>
            <ENT>12</ENT>
            <ENT>149,964</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>B. C. Apartment Associates, Limited</ENT>
            <ENT>Brooksville Court</ENT>
            <ENT>213 Elizabeth St</ENT>
            <ENT>Brooksville</ENT>
            <ENT>48</ENT>
            <ENT>103,928</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>CHS, Ltd</ENT>
            <ENT>St. Aloysius</ENT>
            <ENT>410 W 8th St</ENT>
            <ENT>Covington</ENT>
            <ENT>48</ENT>
            <ENT>106,268</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>CAC, Ltd (Stern Hendy Properties Inc.)</ENT>
            <ENT>The Colony</ENT>
            <ENT>3800 Locke St</ENT>
            <ENT>Covington</ENT>
            <ENT>137</ENT>
            <ENT>189,432</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>Blairwood Apartments of Louisville, a limited partnership</ENT>
            <ENT>Blairwood Apts</ENT>
            <ENT>9202 Linn Station Rd</ENT>
            <ENT>Louisville</ENT>
            <ENT>150</ENT>
            <ENT>238,412</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>Fairington Apartments of Louisville, a limited partnership</ENT>
            <ENT>Fairington of Louisville</ENT>
            <ENT>5900 Fairington Dr</ENT>
            <ENT>Louisville</ENT>
            <ENT>150</ENT>
            <ENT>238,413</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>Jefferson County VOA Living Center, Inc</ENT>
            <ENT>Woodgreen Apts</ENT>
            <ENT>3751 Woodgreen Court</ENT>
            <ENT>Louisville</ENT>
            <ENT>21</ENT>
            <ENT>124,842</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KY</ENT>
            <ENT>High Point, Ltd</ENT>
            <ENT>High Point</ENT>
            <ENT>110 Hay Street</ENT>
            <ENT>Ludlow</ENT>
            <ENT>44</ENT>
            <ENT>106,264</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Brown Street Associates I and II</ENT>
            <ENT>GARDNER TERRACE</ENT>
            <ENT>46 Pine St</ENT>
            <ENT>Attleboro</ENT>
            <ENT>144</ENT>
            <ENT>212,003</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>City Square Elderly Housing, Inc</ENT>
            <ENT>City Square Elderly Hsg</ENT>
            <ENT>42 Park St</ENT>
            <ENT>Charlestown</ENT>
            <ENT>120</ENT>
            <ENT>219,094</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Collins Non-Profit Apartments, Inc</ENT>
            <ENT>Collins Non Profit</ENT>
            <ENT>150 Captains Row</ENT>
            <ENT>Chelsea</ENT>
            <ENT>100</ENT>
            <ENT>219,074</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Mental Health Programs, Inc.—IV</ENT>
            <ENT>MHPI IV</ENT>
            <ENT>3 Boylston Pl</ENT>
            <ENT>Jamaica Plain</ENT>
            <ENT>32</ENT>
            <ENT>259,511</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Olympia Square Associates</ENT>
            <ENT>Olympia Square</ENT>
            <ENT>429 Washington St</ENT>
            <ENT>Lynn</ENT>
            <ENT>44</ENT>
            <ENT>213,586</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Community Alternative Residential Environments, Inc</ENT>
            <ENT>Walnut Street Center</ENT>
            <ENT>27 Bonair St</ENT>
            <ENT>Somerville</ENT>
            <ENT>30</ENT>
            <ENT>162,220</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Southampton Housing for the Elderly, Inc</ENT>
            <ENT>Southampton</ENT>
            <ENT>128 College Hwy</ENT>
            <ENT>Southampton</ENT>
            <ENT>40</ENT>
            <ENT>235,609</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MA</ENT>
            <ENT>Taunton II Associates</ENT>
            <ENT>Mill Pond Apts</ENT>
            <ENT>30 Washington St</ENT>
            <ENT>Taunton</ENT>
            <ENT>49</ENT>
            <ENT>124,214</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MD</ENT>
            <ENT>Bon Secours Housing, Inc</ENT>
            <ENT>Bon Secours Hollins Terrace</ENT>
            <ENT>1800 Hollins Street</ENT>
            <ENT>Baltimore</ENT>
            <ENT>84</ENT>
            <ENT>228,116</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MD</ENT>
            <ENT>Greater New Hope Baptist Church Towers, Inc</ENT>
            <ENT>Greater New Hope Towers</ENT>
            <ENT>2725 Walbrook Ave</ENT>
            <ENT>Baltimore</ENT>
            <ENT>80</ENT>
            <ENT>160,590</ENT>
          </ROW>
          <ROW>
            <ENT I="22"/>
          </ROW>
          <ROW>
            <PRTPAGE P="53218"/>
            <ENT I="01">MD</ENT>
            <ENT>N.M. Carroll Manor, Inc</ENT>
            <ENT>N. M. Carroll Manor</ENT>
            <ENT>701 N Arlington Ave</ENT>
            <ENT>Baltimore</ENT>
            <ENT>100</ENT>
            <ENT>235,478</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MD</ENT>
            <ENT>Hopkins Village Preservation LP</ENT>
            <ENT>Hopkins Village</ENT>
            <ENT>3 Brett Ct</ENT>
            <ENT>Essex</ENT>
            <ENT>165</ENT>
            <ENT>328,052</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MD</ENT>
            <ENT>Mrs. Philippines Home for Senior Citizens</ENT>
            <ENT>Mrs. Philippines Home for Senior Citizens</ENT>
            <ENT>6482 Bock Rd</ENT>
            <ENT>Oxon Hill</ENT>
            <ENT>74</ENT>
            <ENT>77,388</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Centerline Park Towers/MHT Limited Dividend Housing Association</ENT>
            <ENT>Centerline Park Towers</ENT>
            <ENT>8033 E Ten Mile Rd</ENT>
            <ENT>Center Line</ENT>
            <ENT>300</ENT>
            <ENT>428,524</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Dearborn Heights CSI Nonprofit Housing Corporation</ENT>
            <ENT>Dearborn Heights Cooperative Apts</ENT>
            <ENT>16600 W Outer Dr</ENT>
            <ENT>Dearborn Heights</ENT>
            <ENT>201</ENT>
            <ENT>460,389</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>GDC—DS Limited Dividend Housing Association, LLC</ENT>
            <ENT>Devon Square</ENT>
            <ENT>1225 Orchard</ENT>
            <ENT>Ferndale</ENT>
            <ENT>60</ENT>
            <ENT>173,204</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Flat Rock Non-Profit Housing Corp</ENT>
            <ENT>Flat Rock Non-Profit Housing</ENT>
            <ENT>28744 Telegraph Rd</ENT>
            <ENT>Flat Rock</ENT>
            <ENT>96</ENT>
            <ENT>232,045</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Kearsley Manor Apartments, dba Flint Retirement Homes</ENT>
            <ENT>Kearsley Manor</ENT>
            <ENT>814 E Kearsley Manor</ENT>
            <ENT>Flint</ENT>
            <ENT>110</ENT>
            <ENT>207,351</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Capitol Grange Senior Citizen Housing Corporation</ENT>
            <ENT>Grange Acres I</ENT>
            <ENT>6101 Marsh Rd</ENT>
            <ENT>Haslett</ENT>
            <ENT>81</ENT>
            <ENT>383,797</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Hazel Park Non-Profit Housing Corporation</ENT>
            <ENT>Hazel Park Non Profit</ENT>
            <ENT>701 E Woodward Hgts Blvd</ENT>
            <ENT>Hazel Park</ENT>
            <ENT>71</ENT>
            <ENT>232,020</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>LaBelle Towers</ENT>
            <ENT>LaBelle Towers</ENT>
            <ENT>33 Labelle</ENT>
            <ENT>Highland Park</ENT>
            <ENT>214</ENT>
            <ENT>502,418</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Kalamazoo Non Profit Apartments Inc</ENT>
            <ENT>Washington Square</ENT>
            <ENT>710 Collins St</ENT>
            <ENT>Kalamazoo</ENT>
            <ENT>238</ENT>
            <ENT>455,811</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Madison Heights Non-Profit Housing Corp</ENT>
            <ENT>Madison Heights Cooperative Apartments</ENT>
            <ENT>500 E Irving</ENT>
            <ENT>Madison Heights</ENT>
            <ENT>151</ENT>
            <ENT>355,098</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Marquette Snowberry Limited Dividend Housing Association Lim</ENT>
            <ENT>Snowberry Heights</ENT>
            <ENT>222 S Fifth St</ENT>
            <ENT>Marquette</ENT>
            <ENT>191</ENT>
            <ENT>400,199</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Michigan Non Profit Housing Corporation</ENT>
            <ENT>Walled Lake Villas</ENT>
            <ENT>1035 Walled Lake Villa Dr.</ENT>
            <ENT>Walled Lake</ENT>
            <ENT>260</ENT>
            <ENT>110,430</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Elderly Housing Corporation of Westland</ENT>
            <ENT>Thomas F. Taylor Towers</ENT>
            <ENT>36500 Marquette St</ENT>
            <ENT>Westland</ENT>
            <ENT>266</ENT>
            <ENT>428,092</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MI</ENT>
            <ENT>Wyandotte (CSI) Non-Profit Corporation</ENT>
            <ENT>Wyandotte Cooperative Apartments</ENT>
            <ENT>2455 Biddle Ave</ENT>
            <ENT>Wyandotte</ENT>
            <ENT>132</ENT>
            <ENT>361,886</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MN</ENT>
            <ENT>Ebenezer Towers</ENT>
            <ENT>Ebenezer Towers</ENT>
            <ENT>2523 Portland Ave S</ENT>
            <ENT>Minneapolis</ENT>
            <ENT>192</ENT>
            <ENT>124,990</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MN</ENT>
            <ENT>St. Paul's Home, Inc</ENT>
            <ENT>St. Paul's Home</ENT>
            <ENT>2735 15th Ave S</ENT>
            <ENT>Minneapolis</ENT>
            <ENT>53</ENT>
            <ENT>82,177</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MN</ENT>
            <ENT>Montevideo Methodist Home, Inc</ENT>
            <ENT>Brookside Manor/Montevideo Meth Home</ENT>
            <ENT>804 Benson Rd</ENT>
            <ENT>Montevideo</ENT>
            <ENT>59</ENT>
            <ENT>26,406</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MO</ENT>
            <ENT>National Church Residences of Friendship Manor, MO</ENT>
            <ENT>Friendship Manor</ENT>
            <ENT>917 NW Summit Dr</ENT>
            <ENT>Blue Springs</ENT>
            <ENT>60</ENT>
            <ENT>107,129</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MO</ENT>
            <ENT>Willow Creek Senior, LP</ENT>
            <ENT>Willow Creek I and II</ENT>
            <ENT>Route 1</ENT>
            <ENT>Eldon</ENT>
            <ENT>64</ENT>
            <ENT>165,794</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MO</ENT>
            <ENT>Village East Towers Limited Partnership</ENT>
            <ENT>Village East Towers</ENT>
            <ENT>1218 Village Dr</ENT>
            <ENT>Saint Joseph</ENT>
            <ENT>108</ENT>
            <ENT>208,818</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MO</ENT>
            <ENT>Park Place Preservation, LP</ENT>
            <ENT>Park Place</ENT>
            <ENT>4399-Forest Park Blvd</ENT>
            <ENT>Saint Louis</ENT>
            <ENT>242</ENT>
            <ENT>415,745</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MO</ENT>
            <ENT>Olsen West Senior, LP</ENT>
            <ENT>Olsen West Apartments</ENT>
            <ENT>883 Olsen Road</ENT>
            <ENT>Sedalia</ENT>
            <ENT>52</ENT>
            <ENT>144,263</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MS</ENT>
            <ENT>NHP Housing Associates, LLC</ENT>
            <ENT>North Hills Place Apartments</ENT>
            <ENT>200 Cahal St #400</ENT>
            <ENT>Hattiesburg</ENT>
            <ENT>80</ENT>
            <ENT>140,359</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MS</ENT>
            <ENT>United Church Residences of Horn Lake, Mississippi, Inc</ENT>
            <ENT>Austin Run</ENT>
            <ENT>7100 Mallard Creek Dr</ENT>
            <ENT>Horn Lake</ENT>
            <ENT>40</ENT>
            <ENT>106,514</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MS</ENT>
            <ENT>United Church Residences of Oxford Mississippi, Inc</ENT>
            <ENT>Canterbury Crest</ENT>
            <ENT>1531 Tyler Cv</ENT>
            <ENT>Oxford</ENT>
            <ENT>24</ENT>
            <ENT>63,726</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MS</ENT>
            <ENT>United Church Residences of Jackson, Mississippi, Inc</ENT>
            <ENT>Indian Run</ENT>
            <ENT>2010 Small Dr</ENT>
            <ENT>Pearl</ENT>
            <ENT>40</ENT>
            <ENT>95,389</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NC</ENT>
            <ENT>Glover Plaza, Inc.</ENT>
            <ENT>Glover Plaza</ENT>
            <ENT>1402 Little John Cir</ENT>
            <ENT>Wilmington</ENT>
            <ENT>75</ENT>
            <ENT>236,832</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NC</ENT>
            <ENT>Winston Summit Apartments</ENT>
            <ENT>Winston Summit</ENT>
            <ENT>137 Columbine Dr</ENT>
            <ENT>Winston-Salem</ENT>
            <ENT>100</ENT>
            <ENT>207,947</ENT>
          </ROW>
          <ROW>
            <ENT I="01">ND</ENT>
            <ENT>Columbia Square East GP</ENT>
            <ENT>Columbia Square East</ENT>
            <ENT>2505 13th Ave S</ENT>
            <ENT>Grand Forks</ENT>
            <ENT>50</ENT>
            <ENT>176,094</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53219"/>
            <ENT I="01">NH</ENT>
            <ENT>Tamworth Senior Housing Associates LP</ENT>
            <ENT>Remick Acres</ENT>
            <ENT>145 Tamworth Rd</ENT>
            <ENT>Tamworth</ENT>
            <ENT>24</ENT>
            <ENT>51,018</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NJ</ENT>
            <ENT>A.C.T. Affordable Housing, Inc</ENT>
            <ENT>Atlantic City Townhouses</ENT>
            <ENT>1330 Mediterranean Ave</ENT>
            <ENT>Atlantic City</ENT>
            <ENT>174</ENT>
            <ENT>209,281</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NJ</ENT>
            <ENT>Community Haven Senior Citizens Housing, LTD</ENT>
            <ENT>COMMUNITY HAVEN</ENT>
            <ENT>35 So. Virginia Avenue</ENT>
            <ENT>Atlantic City</ENT>
            <ENT>246</ENT>
            <ENT>176,271</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NM</ENT>
            <ENT>New Mexico-American Housing Foundation, Inc</ENT>
            <ENT>La Resolana Apartments</ENT>
            <ENT>1025 Chelwood Park Blvd NE</ENT>
            <ENT>Albuquerque</ENT>
            <ENT>167</ENT>
            <ENT>192,078</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NM</ENT>
            <ENT>Apple Ridge Apartments LP</ENT>
            <ENT>Apple Ridge Apartments</ENT>
            <ENT>1600 Cliffside Dr</ENT>
            <ENT>Farmington</ENT>
            <ENT>80</ENT>
            <ENT>223,227</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NM</ENT>
            <ENT>Montana Meadows Apartments LP</ENT>
            <ENT>Montana Meadows Apartments</ENT>
            <ENT>201 Montana Ave</ENT>
            <ENT>Las Cruces</ENT>
            <ENT>80</ENT>
            <ENT>223,227</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NM</ENT>
            <ENT>Socorro Village LLC</ENT>
            <ENT>Socorro Village Apartments</ENT>
            <ENT>444 Eaton Ave</ENT>
            <ENT>Socorro</ENT>
            <ENT>40</ENT>
            <ENT>167,875</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NM</ENT>
            <ENT>Casa del Rio LLC</ENT>
            <ENT>Casa Del Rio Apartments</ENT>
            <ENT>165 N Silver St</ENT>
            <ENT>Truth or Consequence</ENT>
            <ENT>36</ENT>
            <ENT>178,305</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Stryker Housing Development Fund Company, Inc</ENT>
            <ENT>Stryker Homes Apartments</ENT>
            <ENT>2 Loop Rd</ENT>
            <ENT>Auburn</ENT>
            <ENT>103</ENT>
            <ENT>198,539</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>SEBCO HDFC Inc.</ENT>
            <ENT>SEBCO Houses for the Elderly</ENT>
            <ENT>980 Aldus St</ENT>
            <ENT>Bronx</ENT>
            <ENT>92</ENT>
            <ENT>150,064</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Friendset Housing Company Limited Partnership</ENT>
            <ENT>Friendset Apartments</ENT>
            <ENT>2911 W 36th St</ENT>
            <ENT>Brooklyn</ENT>
            <ENT>259</ENT>
            <ENT>246,896</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Shore Hill Housing Associates, LP</ENT>
            <ENT>Shore Hill Apartments</ENT>
            <ENT>9000 Shore Rd</ENT>
            <ENT>Brooklyn</ENT>
            <ENT>559</ENT>
            <ENT>390,000</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Covenant Manor Housing Development Fund Co., Inc</ENT>
            <ENT>Covenant Manor</ENT>
            <ENT>23 W Third St</ENT>
            <ENT>Jamestown</ENT>
            <ENT>88</ENT>
            <ENT>106,583</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Pitcher Hill Housing Development Fund Company, Inc</ENT>
            <ENT>Pitcher Hill Apartments</ENT>
            <ENT>114 ELBOW Rd</ENT>
            <ENT>North Syracuse</ENT>
            <ENT>101</ENT>
            <ENT>187,770</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Grace View Manor Housing Development Fund Corporation</ENT>
            <ENT>Grace View Manor</ENT>
            <ENT>80 Calvary Dr</ENT>
            <ENT>Norwich</ENT>
            <ENT>40</ENT>
            <ENT>109,521</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>St. Peter's Italian Church Housing Development Fund Co. Inc</ENT>
            <ENT>Villa Scalabrini Apts</ENT>
            <ENT>825 E Willow St</ENT>
            <ENT>Syracuse</ENT>
            <ENT>121</ENT>
            <ENT>190,007</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>SNI Development Company Limited Partnership</ENT>
            <ENT>O'Neil Apartments</ENT>
            <ENT>2121 6th Ave</ENT>
            <ENT>Troy</ENT>
            <ENT>115</ENT>
            <ENT>240,225</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NY</ENT>
            <ENT>Hollows Associates LP</ENT>
            <ENT>The Hollows</ENT>
            <ENT>1 Kubasek Trinty Manor Dr</ENT>
            <ENT>Yonkers</ENT>
            <ENT>130</ENT>
            <ENT>236,161</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Callis Tower, LLC</ENT>
            <ENT>Callis Tower</ENT>
            <ENT>730 Callis Drive</ENT>
            <ENT>Akron</ENT>
            <ENT>277</ENT>
            <ENT>268,051</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>E.T.L. Housing Corporation</ENT>
            <ENT>ETL Tower</ENT>
            <ENT>1500 Marion Avenue</ENT>
            <ENT>Akron</ENT>
            <ENT>101</ENT>
            <ENT>160,587</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>CRS, Ltd (Stern Hendy Properties Inc.)</ENT>
            <ENT>Clifton Place</ENT>
            <ENT>900 Rue De La Paix</ENT>
            <ENT>Cincinnati</ENT>
            <ENT>183</ENT>
            <ENT>375,387</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Haddon Hall, Ltd (AJK Managment Inc.)</ENT>
            <ENT>Haddon Hall</ENT>
            <ENT>3418 Reading Road</ENT>
            <ENT>Cincinnati</ENT>
            <ENT>114</ENT>
            <ENT>189,771</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Fenway Manor Limited</ENT>
            <ENT>Fenway Manor</ENT>
            <ENT>1986 Stokes Blvd</ENT>
            <ENT>Cleveland</ENT>
            <ENT>143</ENT>
            <ENT>309,389</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Eastland Manor, Inc.</ENT>
            <ENT>Eastland Manor</ENT>
            <ENT>4225 Macsway Ave</ENT>
            <ENT>Columbus</ENT>
            <ENT>201</ENT>
            <ENT>35,319</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Dayton Associates II, Limited Partnership</ENT>
            <ENT>Almond Village Apartments</ENT>
            <ENT>4701 Casaba Court</ENT>
            <ENT>Dayton</ENT>
            <ENT>60</ENT>
            <ENT>109,094</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>First 202 Housing Corp. No. 2</ENT>
            <ENT>C.J. McLin Sr., Apts.</ENT>
            <ENT>1316 McArthur Ave</ENT>
            <ENT>Dayton</ENT>
            <ENT>46</ENT>
            <ENT>109,305</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Covenant Manor, Inc</ENT>
            <ENT>Covenant Manor</ENT>
            <ENT>4951 Covenant House Dr</ENT>
            <ENT>Dayton</ENT>
            <ENT>50</ENT>
            <ENT>109,319</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Sunnyview Square, Ltd</ENT>
            <ENT>Sunnyview Square</ENT>
            <ENT>69 Rock Creek Dr</ENT>
            <ENT>Delaware</ENT>
            <ENT>30</ENT>
            <ENT>68,749</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>New Seton Square Dover II LP</ENT>
            <ENT>Seton Square Dover I &amp; II</ENT>
            <ENT>501 S. James St. and 139 Filmore St</ENT>
            <ENT>Dover</ENT>
            <ENT>90</ENT>
            <ENT>192,703</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Sturbridge Green Ltd</ENT>
            <ENT>Sturbridge Green</ENT>
            <ENT>3750 Sturbridge Ct.</ENT>
            <ENT>Hilliard</ENT>
            <ENT>50</ENT>
            <ENT>113,500</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Village Park Ltd</ENT>
            <ENT>Village Park</ENT>
            <ENT>6747 Brandt Pike</ENT>
            <ENT>Huber Heights</ENT>
            <ENT>41</ENT>
            <ENT>33,915</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>L.M. Associates, Ltd</ENT>
            <ENT>Sherman-Thompson Towers</ENT>
            <ENT>275 N Third St</ENT>
            <ENT>Ironton</ENT>
            <ENT>150</ENT>
            <ENT>302,253</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>National Church Residences of Johnstown, Ohio</ENT>
            <ENT>Chimes Terrace, NCR of Johnstown, OH</ENT>
            <ENT>65 S Williams St</ENT>
            <ENT>Johnstown</ENT>
            <ENT>60</ENT>
            <ENT>105,616</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53220"/>
            <ENT I="01">OH</ENT>
            <ENT>New Seton Kenton LP</ENT>
            <ENT>Seton Kenton</ENT>
            <ENT>699 Morningside Dr</ENT>
            <ENT>Kenton</ENT>
            <ENT>50</ENT>
            <ENT>109,452</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>New Seton Lancaster LP</ENT>
            <ENT>Seton Lancaster, Inc</ENT>
            <ENT>232 Gay St</ENT>
            <ENT>Lancaster</ENT>
            <ENT>33</ENT>
            <ENT>106,489</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Collins Road Properties, Ltd</ENT>
            <ENT>Windsor Place</ENT>
            <ENT>141 Graceland Dr</ENT>
            <ENT>Lancaster</ENT>
            <ENT>82</ENT>
            <ENT>184,944</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>New Seton Square Marion LP</ENT>
            <ENT>Seton Square Marion, Inc</ENT>
            <ENT>255 Richland Rd</ENT>
            <ENT>Marion</ENT>
            <ENT>102</ENT>
            <ENT>197,953</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Ohio Conference of AME Housing, Inc</ENT>
            <ENT>Helen Evans Apartments</ENT>
            <ENT>821 Milcrest Dr</ENT>
            <ENT>Marysville</ENT>
            <ENT>45</ENT>
            <ENT>111,294</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Alpha-Massillon Housing Corporation</ENT>
            <ENT>Alpha Massillon</ENT>
            <ENT>400 23rd St NE</ENT>
            <ENT>Massillon</ENT>
            <ENT>50</ENT>
            <ENT>173,780</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Mechanicsburg Village, Ltd</ENT>
            <ENT>Mechanicsburg Village</ENT>
            <ENT>41 Walnut St.</ENT>
            <ENT>Mechanicsburg</ENT>
            <ENT>50</ENT>
            <ENT>109,545</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Miamisburg Manor, Ltd</ENT>
            <ENT>Miamisburg Manor</ENT>
            <ENT>15 W Ferry St</ENT>
            <ENT>Miamisburg</ENT>
            <ENT>50</ENT>
            <ENT>109,320</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Westhaven, Inc</ENT>
            <ENT>Westhaven</ENT>
            <ENT>220 Sprigg St</ENT>
            <ENT>North Baltimore</ENT>
            <ENT>45</ENT>
            <ENT>131,191</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Owensville Commons, Ltd</ENT>
            <ENT>Owensville Commons</ENT>
            <ENT>263 West Main Street</ENT>
            <ENT>Owensville</ENT>
            <ENT>84</ENT>
            <ENT>82,851</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Piqua Manor, Ltd</ENT>
            <ENT>Roosevelt Manor</ENT>
            <ENT>500 S. Roosevelt Ave</ENT>
            <ENT>Piqua</ENT>
            <ENT>30</ENT>
            <ENT>66,566</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Plain City Senior Center, Inc</ENT>
            <ENT>Pleasant Valley Colony</ENT>
            <ENT>390 Allgyer Dr</ENT>
            <ENT>Plain City</ENT>
            <ENT>40</ENT>
            <ENT>113,549</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Windham Housing Corporation</ENT>
            <ENT>Rushin Meadows</ENT>
            <ENT>778 Northgate Dr</ENT>
            <ENT>Ravenna</ENT>
            <ENT>50</ENT>
            <ENT>209,884</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>New Alpha Housing Limited Partnership</ENT>
            <ENT>Alpha Massillon</ENT>
            <ENT>525 E Woodruff</ENT>
            <ENT>Toledo</ENT>
            <ENT>165</ENT>
            <ENT>209,804</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Staunton Commons II, Ltd</ENT>
            <ENT>Staunton Commons II</ENT>
            <ENT>500 Staunton Commons Dr</ENT>
            <ENT>Troy</ENT>
            <ENT>29</ENT>
            <ENT>50,872</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Terrace Ridge</ENT>
            <ENT>Terrace Ridge</ENT>
            <ENT>1312 McKaig Ave</ENT>
            <ENT>Troy</ENT>
            <ENT>167</ENT>
            <ENT>197,841</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Rotary Manor, Inc</ENT>
            <ENT>Rotary Manor</ENT>
            <ENT>125 E. Ward St</ENT>
            <ENT>Urbana</ENT>
            <ENT>40</ENT>
            <ENT>109,545</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Vandalia Associates, LLC</ENT>
            <ENT>Vandalia Village Apartments</ENT>
            <ENT>860 N. Dixie Dr</ENT>
            <ENT>Vandalia</ENT>
            <ENT>76</ENT>
            <ENT>151,600</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>New Seton Square Wellston Limited Partnership</ENT>
            <ENT>Seton Square Wellston, Inc</ENT>
            <ENT>570 W First St</ENT>
            <ENT>Wellston</ENT>
            <ENT>48</ENT>
            <ENT>132,421</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>Moraine Village Ltd (Wallick Properties Midwest LLC)</ENT>
            <ENT>Princeton Village</ENT>
            <ENT>68 Bevonne Dr</ENT>
            <ENT>West Milton</ENT>
            <ENT>40</ENT>
            <ENT>109,320</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>First 202 Housing Corporation-Xenia Site</ENT>
            <ENT>Walter G. Sellers Senior Apts</ENT>
            <ENT>270 Mt. Vernon Dr</ENT>
            <ENT>Xenia</ENT>
            <ENT>66</ENT>
            <ENT>108,105</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OH</ENT>
            <ENT>International Towers Apartments, Ltd</ENT>
            <ENT>International Towers</ENT>
            <ENT>25 Market St</ENT>
            <ENT>Youngstown</ENT>
            <ENT>173</ENT>
            <ENT>400,469</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OK</ENT>
            <ENT>FHM Associates, Inc</ENT>
            <ENT>Fair Haven Manor Apts</ENT>
            <ENT>500 Dayton Street</ENT>
            <ENT>Muskogee</ENT>
            <ENT>191</ENT>
            <ENT>248,223</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OK</ENT>
            <ENT>Shadybrook Tulsa Holdings, LLC</ENT>
            <ENT>Shadybrook Senior Apts</ENT>
            <ENT>4203 S 109th East Avenue</ENT>
            <ENT>Tulsa</ENT>
            <ENT>120</ENT>
            <ENT>52,814</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SD</ENT>
            <ENT>Steele Towers Apartments LLC</ENT>
            <ENT>Steele Tower Apts</ENT>
            <ENT>17 First St SW</ENT>
            <ENT>Watertown</ENT>
            <ENT>50</ENT>
            <ENT>95,034</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>National Church Residences of Bolivar, TN</ENT>
            <ENT>Pecan Grove</ENT>
            <ENT>520 Pecan Dr</ENT>
            <ENT>Bolivar</ENT>
            <ENT>40</ENT>
            <ENT>23,186</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>United Church Residences of Covington, TN Inc</ENT>
            <ENT>Fox Hollow Community</ENT>
            <ENT>100 Fox Hollow Cir</ENT>
            <ENT>Covington</ENT>
            <ENT>40</ENT>
            <ENT>110,685</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Canaan Baptist Housing Corporation</ENT>
            <ENT>Golden Age Retirement Village</ENT>
            <ENT>1109 Beaman Lake Rd</ENT>
            <ENT>Knoxville</ENT>
            <ENT>101</ENT>
            <ENT>187,718</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Summit II, LP</ENT>
            <ENT>Summit Towers</ENT>
            <ENT>201 Locust St</ENT>
            <ENT>Knoxville</ENT>
            <ENT>277</ENT>
            <ENT>206,630</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Beersheba II, LP</ENT>
            <ENT>Beersheba Heights Tower</ENT>
            <ENT>420 E Main St</ENT>
            <ENT>Mcminnville</ENT>
            <ENT>100</ENT>
            <ENT>183,732</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Madison, John Exum Tower</ENT>
            <ENT>John Madison Exum Towers I</ENT>
            <ENT>3155 Sharpe Ave</ENT>
            <ENT>Memphis</ENT>
            <ENT>150</ENT>
            <ENT>170,593</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>United Housing Partners Morristown LP</ENT>
            <ENT>LaurelWood Apartments</ENT>
            <ENT>513 S Hill St</ENT>
            <ENT>Morristown</ENT>
            <ENT>65</ENT>
            <ENT>59,667</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Wedgewood Apartments LP</ENT>
            <ENT>Wedgewood Towers Apts</ENT>
            <ENT>1195 Wedgewood Ave</ENT>
            <ENT>Nashville</ENT>
            <ENT>121</ENT>
            <ENT>293,944</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Norris Garden Apartments, LTD</ENT>
            <ENT>Norris Gardens</ENT>
            <ENT>11 Chestnut Dr</ENT>
            <ENT>Norris</ENT>
            <ENT>51</ENT>
            <ENT>103,151</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>National Church Residences of Paris, TN</ENT>
            <ENT>Chateau Maurice</ENT>
            <ENT>1101 Volunteer Dr</ENT>
            <ENT>Paris</ENT>
            <ENT>40</ENT>
            <ENT>29,342</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TN</ENT>
            <ENT>Holston Homes for Elderly</ENT>
            <ENT>Greenbriar Village</ENT>
            <ENT>234 Petersburg Rd</ENT>
            <ENT>Rogersville</ENT>
            <ENT>41</ENT>
            <ENT>114,265</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TX</ENT>
            <ENT>Independence Hall Mutual Housing Association</ENT>
            <ENT>Independence Hall</ENT>
            <ENT>6 Burress St</ENT>
            <ENT>Houston</ENT>
            <ENT>292</ENT>
            <ENT>269,182</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TX</ENT>
            <ENT>Houston Housing Authority</ENT>
            <ENT>Telephone Road</ENT>
            <ENT>6000 Telephone Rd</ENT>
            <ENT>Houston</ENT>
            <ENT>200</ENT>
            <ENT>210,839</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="53221"/>
            <ENT I="01">VA</ENT>
            <ENT>Piedmont Housing Alliance</ENT>
            <ENT>Scottsville School Apartments</ENT>
            <ENT>1215 East Market St. Ste. B</ENT>
            <ENT>Charlottesville</ENT>
            <ENT/>
            <ENT>72,449</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VA</ENT>
            <ENT>Cambridge Square of Chesapeake, a Limited Partnership</ENT>
            <ENT>Cambridge Square Apartments</ENT>
            <ENT>704 Gainsborough Ct</ENT>
            <ENT>Chesapeake</ENT>
            <ENT>150</ENT>
            <ENT>231,875</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VA</ENT>
            <ENT>Phoenix Village Associates</ENT>
            <ENT>Phoenix Village</ENT>
            <ENT>1 Great Oak Circle</ENT>
            <ENT>Newport News</ENT>
            <ENT>17</ENT>
            <ENT>226,245</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Va</ENT>
            <ENT>Gosnold Apartments, LLC</ENT>
            <ENT>Gosnold Apartments</ENT>
            <ENT>2425 Gosnold Avenue</ENT>
            <ENT>Norfolk</ENT>
            <ENT/>
            <ENT>212,004</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VA</ENT>
            <ENT>Fairington Apartments of Roanoke, a limited partnership</ENT>
            <ENT>Fairington of Roanoke</ENT>
            <ENT>4922 Grandin Rd SW</ENT>
            <ENT>Roanoke</ENT>
            <ENT>100</ENT>
            <ENT>229,159</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VT</ENT>
            <ENT>Mountaha, LLC</ENT>
            <ENT>Heritage Lane</ENT>
            <ENT>80 S Main St</ENT>
            <ENT>Saint Albans</ENT>
            <ENT>28</ENT>
            <ENT>37,009</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>Housing Authority, City of Renton</ENT>
            <ENT>Golden Pines</ENT>
            <ENT>2901 NE 10TH</ENT>
            <ENT>Renton</ENT>
            <ENT>53</ENT>
            <ENT>85,682</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>Meridian Avenue North LLC</ENT>
            <ENT>Meridian Manor</ENT>
            <ENT>10345 Meridian Ave N</ENT>
            <ENT>Seattle</ENT>
            <ENT>109</ENT>
            <ENT>222,040</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>Fourth and Bell, LLC</ENT>
            <ENT>Security House</ENT>
            <ENT>2225 4th Ave</ENT>
            <ENT>Seattle</ENT>
            <ENT>107</ENT>
            <ENT>206,437</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>Retail Clerks Local 1001 Housing Development Association</ENT>
            <ENT>Sunset House Apts</ENT>
            <ENT>2519 1st Ave</ENT>
            <ENT>Seattle</ENT>
            <ENT>82</ENT>
            <ENT>205,777</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>King County Housing Authority</ENT>
            <ENT>Westminster Manor</ENT>
            <ENT>14701 Dayton Ave N</ENT>
            <ENT>Shoreline</ENT>
            <ENT>60</ENT>
            <ENT>234,859</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WA</ENT>
            <ENT>Spokane Housing Authority</ENT>
            <ENT>Hifumi En Apts</ENT>
            <ENT>926 E 8th Ave</ENT>
            <ENT>Spokane</ENT>
            <ENT>41</ENT>
            <ENT>159,342</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Outagamie County Housing Authority</ENT>
            <ENT>Randal Court</ENT>
            <ENT>218 E. Randall St</ENT>
            <ENT>Appleton</ENT>
            <ENT>118</ENT>
            <ENT>270,992</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-Beaver Dam LLC</ENT>
            <ENT>Campbell Court Apt.</ENT>
            <ENT>148 Judson St</ENT>
            <ENT>Beaver dam</ENT>
            <ENT>57</ENT>
            <ENT>118,360</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-Edgewater LLC</ENT>
            <ENT>The Edgewater</ENT>
            <ENT>310 Mound St</ENT>
            <ENT>Berlin</ENT>
            <ENT>42</ENT>
            <ENT>150,922</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-Hampton Regency, LLC</ENT>
            <ENT>Hampton Regency</ENT>
            <ENT>12999 W Hampton Ave</ENT>
            <ENT>Butler</ENT>
            <ENT>120</ENT>
            <ENT>164,941</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Future Wisconsin Romeis LLC</ENT>
            <ENT>Romeis Millstream II</ENT>
            <ENT>509 High Street</ENT>
            <ENT>Chippewa Falls</ENT>
            <ENT>61</ENT>
            <ENT>209,070</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-DWR LLC</ENT>
            <ENT>Lakeland Apartments</ENT>
            <ENT>1090 Birchwood St</ENT>
            <ENT>Delavan</ENT>
            <ENT>82</ENT>
            <ENT>169,274</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Riverview Apartments, LLC</ENT>
            <ENT>Riverview Apts</ENT>
            <ENT>101 Western Ave</ENT>
            <ENT>Fond Du Lac</ENT>
            <ENT>101</ENT>
            <ENT>227,962</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-Rockwell Court LLC</ENT>
            <ENT>Rockwell Court</ENT>
            <ENT>52 Spry St</ENT>
            <ENT>Fort Atkinson</ENT>
            <ENT>64</ENT>
            <ENT>106,230</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Assisi Homes-Saxony, Inc</ENT>
            <ENT>Saxony Manor</ENT>
            <ENT>1852 22nd Ave</ENT>
            <ENT>Kenosha</ENT>
            <ENT>226</ENT>
            <ENT>245,732</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-MMM, LLC</ENT>
            <ENT>Segoe Terrace</ENT>
            <ENT>602 Sawyer Terrace</ENT>
            <ENT>Madison</ENT>
            <ENT>151</ENT>
            <ENT>350,312</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Wisconsin Housing Preservation Corp</ENT>
            <ENT>Fairview/Sparta Arms</ENT>
            <ENT>106 N L ST</ENT>
            <ENT>Sparta</ENT>
            <ENT>58</ENT>
            <ENT>146,510</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>WHPC-Waushara Villages, LLC</ENT>
            <ENT>Waushara<LI>Village</LI>
            </ENT>
            <ENT>245 E Mount Morris Ave</ENT>
            <ENT>Wautoma</ENT>
            <ENT>34</ENT>
            <ENT>152,909</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Crawford County Housing Authority</ENT>
            <ENT>Winneshiek/Hillview</ENT>
            <ENT>W 170 Hwy N</ENT>
            <ENT>Wauzeka</ENT>
            <ENT>22</ENT>
            <ENT>114,906</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WI</ENT>
            <ENT>Westby Housing Associates, Inc</ENT>
            <ENT>Westby Housing</ENT>
            <ENT>211 Milwaukee St</ENT>
            <ENT>Westby</ENT>
            <ENT>170</ENT>
            <ENT>281,227</ENT>
          </ROW>
        </GPOTABLE>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21599 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Fish and Wildlife Service</SUBAGY>
        <DEPDOC>[FWS-R8-ES-2012-N163 FF08E00000-FXES11120800000F2-112]</DEPDOC>
        <SUBJECT>Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan, Environmental Impact Statement, and Implementing Agreement; California</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Fish and Wildlife Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Fish and Wildlife Service (Service) announces the availability of the Final Environmental Impact Statement (EIS) on the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan (Plan), along with the Implementing Agreement (IA), for review. The EIS was updated to address the comments received on the 2010 Draft EIS. We are considering issuing an incidental take permit for 18 species in response to applications from the County of Santa Clara; Cities of San Jose, Gilroy, and Morgan Hill; Santa Clara Valley Transportation Authority, and Santa Clara Valley Water District (applicants). The applicants are currently in the process of creating a Joint Powers Authority (JPA) to implement the Plan. Following its formation, the Service anticipates that the applicants will submit an application to the Service to amend the section 10(a)(1)(B) incidental take permit to add the JPA.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be received by 5 p.m. Pacific Time, October 1, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>
            <E T="03">Obtaining Documents:</E>You may download copies of the Final EIS, Plan, and IA on the Internet at<E T="03">http://www.fws.gov/sacramento</E>. Alternatively, you may use one of the methods below<PRTPAGE P="53222"/>to request hard copies or a CD-ROM of the documents.</P>
          <P>
            <E T="03">Submitting Comments:</E>You may submit comments or requests for copies or more information by one of the following methods.</P>
          <P>•<E T="03">U.S. Mail:</E>Cori Mustin, Senior Fish and Wildlife Biologist, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, CA 95825.</P>
          <P>•<E T="03">In-Person Drop-off, Viewing, or Pickup:</E>Call 916-414-6600 to make an appointment during regular business hours at the above address.</P>
          <P>•<E T="03">Fax:</E>Cori Mustin, Senior Fish and Wildlife Biologist, 916-414-6713, Attn.: Santa Clara Valley Plan/EIS Comments.</P>
          <P>Hard bound copies of the Final EIS, Plan, and IA are available for viewing at the following locations:</P>
          <P>1. Almaden Branch Library, 6445 Camden Avenue, San Jose, CA 95120.</P>
          <P>2. Dr. Martin Luther King, Jr. Library, 150 E San Fernando Street, San Jose, CA 95112.</P>
          <P>3. Gilroy Library, 7387 Rosanna Street, Gilroy, CA 95020.</P>
          <P>4. Morgan Hill Library, 660 West Main Avenue, Morgan Hill, CA 95037.</P>
          <P>5. Central Park Library, 2635 Homestead Road, Santa Clara, CA 95051.</P>
          <P>6. City of Palo Alto Main Library, 1233 Newell Road, Palo Alto, CA 94303.</P>
          <P>7. Fremont Main Library, 2400 Stevenson Boulevard, Fremont, CA 94538.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mike Thomas, Division Chief, Conservation Planning; or Eric Tattersall, Deputy Assistant Field Supervisor, Conservation Planning and Recovery; at 916-414-6600.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>Section 9 of the Endangered Species Act (Act; 16 U.S.C. 1531 et seq.) and Federal regulations prohibit the “take” of fish and wildlife species listed as endangered or threatened (16 U.S.C. 1538(a)(1)(B)). The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532 (19)). We have further defined “harm” to mean significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)). Under limited circumstances, we may issue permits to authorize incidental take of listed fish or wildlife (i.e., “take” that is incidental to, and not the purpose of, otherwise lawful activities). Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively. If we issue a permit, the applicants would receive assurances for all species covered by the permit in accordance with our “No Surprises” regulations at 50 CFR 17.22(b)(5) and 17.32(b)(5) for all species covered by the permit.</P>
        <P>Take of listed plant species is not prohibited under the Act and cannot be authorized under a section 10 permit. However, the applicants propose to include 9 plant species in the Plan to extend the Plan's conservation benefits to these species. The applicants would receive assurances under the “No Surprises” regulations found in 50 CFR 17.22(b)(5), 17.32(b)(5), and 222.307(g) for all proposed covered species in the Plan.</P>
        <P>The EIS analyzes the impacts of the proposed implementation of the Plan by the applicants. The applicants are seeking a permit for the incidental take of 18 covered species, including 9 animal species (2 federally endangered, 3 federally threatened, and 4 unlisted) and 9 plant species (4 federally endangered and 5 unlisted). The permit would provide take authorization for all animal species and assurances for all plant species identified by the Plan as covered species. Take authorized for listed covered animal species would be effective upon permit issuance and adoption of all applicable local ordinances. Take authorization for currently unlisted covered animal species would become effective concurrent with listing, should the species be listed under the Act during the permit term as long as the Plan is being properly implemented.</P>

        <P>The proposed permit would include the following five federally listed animal species: The threatened Bay checkerspot butterfly (<E T="03">Euphydryas editha bayensis</E>), threatened California tiger salamander (Central California Distinct Population Segment) (<E T="03">Ambystoma californiense</E>), threatened California red-legged frog (<E T="03">Rana draytonii</E>), endangered least Bell's vireo (<E T="03">Vireo bellii pusillus</E>), and endangered San Joaquin kit fox (<E T="03">Vulpes macrotis mutica</E>). The proposed permit would include assurances for the following four federally listed plant species: The endangered Tiburon Indian paintbrush (<E T="03">Castilleja affinis</E>ssp.<E T="03">neglecta</E>), endangered coyote ceanothus (<E T="03">Ceanothus ferrisae</E>), endangered Santa Clara Valley dudleya (<E T="03">Dudleya setchellii</E>), and endangered Metcalf Canyon jewelflower (<E T="03">Streptanthus albidus</E>ssp.<E T="03">albidus</E>).</P>

        <P>The unlisted species proposed for coverage under the Plan are the foothill yellow-legged frog (<E T="03">Rana boylii</E>), western pond turtle (<E T="03">Clemmys marmorata</E>), western burrowing owl (<E T="03">Athene cunicularia hypugaea</E>), tricolored blackbird (<E T="03">Agelaius tricolor</E>), Mount Hamilton thistle (<E T="03">Cirsium fontinale</E>var.<E T="03">campylon</E>), fragrant fritillary (<E T="03">Fritillaria liliacea</E>), Loma Prieta hoita (<E T="03">Hoita strobilina</E>), smooth lessingia (<E T="03">Lessingia micradenia</E>var.<E T="03">glabrata</E>), and most beautiful jewelflower (<E T="03">Streptanthus albidus</E>ssp.<E T="03">peramoenus</E>).</P>
        <P>Proposed covered activities include the following seven categories of covered activities: urban development, instream capital projects, instream operation and maintenance activities, rural capital projects, rural operation and maintenance activities, rural development, and conservation strategy implementation. The proposed term of the permit is 50 years.</P>
        <P>The proposed 508,669-acre permit area is the area where incidental take of covered species resulting from covered activities could occur and includes the Pajaro River and all or a portion of the Llagas, Uvas, Pescadero, and Pacheco subwatersheds and the Coyote Creek watershed within Santa Clara County. A large portion of the Guadalupe watershed is also contained within the permit area, as well as small areas outside of each of these watersheds.</P>
        <P>Contained within the 508,669-acre permit area is the 48,464-acre expanded study area and permit area for burrowing owl conservation, which includes the northern portion of Santa Clara County and a small portion each of both San Mateo and Alameda Counties (see Figure 1-2 of the Plan). Incidental take in the expanded study area and permit area for burrowing owl conservation will be limited to the implementation of the Plan's western burrowing owl conservation strategy. Incidental take of the western burrowing owl in this portion of the permit area would only be provided to the applicants and those under their jurisdiction and only be provided for the western burrowing owl (not the remaining 17 species covered under the Plan).</P>
        <P>Covered activities would result in the permanent loss of up to 17,975 acres in the permit area. Habitat models were developed for most covered species and used in the impacts analysis. Land cover surrogates were used to identify maximum allowable impacts to species for which habitat models could not be developed. The Plan also describes conditions on covered activities to avoid or minimize take of covered species.</P>

        <P>The proposed conservation strategy includes establishing a reserve system<PRTPAGE P="53223"/>that would be composed of an estimated 46,496 to 46,920 acres that would be permanently preserved, monitored, and managed.</P>
        <HD SOURCE="HD1">National Environmental Policy Act Compliance</HD>
        <P>Our proposal to issue an incidental take permit is a Federal action that triggers the need for compliance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). The Service prepared the EIS, which is the Federal portion of the Environmental Impact Report/Environmental Impact Statement (EIR/EIS), to analyze the impacts of issuing an incidental take permit based on the Plan. Santa Clara County facilitated the preparation of the EIR portion of the Final EIR/EIS, in compliance with the California Environmental Quality Act (CEQA), but all applicants share the CEQA Lead Agency role. The California Department of Fish and Game is a CEQA Trustee and Responsible Agency. The Final EIR/EIS was developed to inform the public of the proposed action, alternatives, and associated impacts; address public comments received during the public comment period for the Draft EIR/EIS; and disclose irreversible commitments of resources.</P>
        <P>The Final EIR/EIS evaluates the impacts of the proposed action described above (i.e., issuance of the permit and implementation of the Final Plan), as well as the No Action Alternative and Alternative A, which are described below.</P>
        <HD SOURCE="HD2">No Action Alternative</HD>
        <P>Under the No Action Alternative, the Service would not issue an incidental take permit to the applicants, and the Plan would not be implemented. Under this alternative, projects that may adversely affect federally listed species would require project-level consultation with the Service pursuant to section 7 or section 10 of the Act. This project-level approach would preclude landscape-level conservation planning and would not streamline the current permitting process.</P>
        <HD SOURCE="HD2">Alternative A (Reduced Permit Term)</HD>
        <P>Under Alternative A, the Service would issue an incidental take permit, and the applicants would implement a habitat conservation plan and natural community conservation plan that is similar to the Plan described in the proposed action; however, the proposed permit term would be reduced to 30 years. The extent of covered activities and the conservation strategy would be subsequently reduced relative to the proposed action.</P>
        <P>The Final EIR/EIS includes all comments received on the Draft EIR/EIS and our responses to those comments. Following a 30-day review period, we will complete a Record of Decision that announces our decision on the action that will be implemented and discusses all factors leading to the decision.</P>
        <HD SOURCE="HD1">Public Involvement</HD>

        <P>We published a notice of intent (NOI) to prepare an EIS for this project in the<E T="04">Federal Register</E>on September 6, 2007 (72 FR 51247). The NOI announced a public scoping period during which time the public was invited to provide written comments and attend a public scoping meeting held on September 26, 2007, in Morgan Hill, California. On December 17, 2010, we published a notice of availability of the Draft Plan, EIS, and IA in the<E T="04">Federal Register</E>(75 FR 79013). Two public meetings were held, the first on February 9, 2011, in Morgan Hill, California, and the second on February 15, 2011, in Palo Alto, California. The Draft documents were available for a 120-day public comment period, which concluded on April 18, 2011.</P>
        <HD SOURCE="HD1">Public Review</HD>

        <P>Copies of the Final EIR/EIS, Plan, and IA are available for review (see<E T="02">ADDRESSES</E>). Any comments we receive will become part of the administrative record and may be available to the public. If you wish to comment on the Final EIS, Plan, or IA, you may submit your comments to the address listed in<E T="02">ADDRESSES</E>. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>

        <P>We will evaluate the applications, associated documents, and comments submitted to determine whether the applications meet the requirements of section 10(a) of the Act. A permit decision will be made no sooner than 30 days after the publication of the Environmental Protection Agency's Final EIS notice in the<E T="04">Federal Register</E>and completion of the Record of Decision.</P>
        <HD SOURCE="HD1">Authority</HD>
        <P>This notice is provided pursuant to section 10(a) of the Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).</P>
        <SIG>
          <DATED>Dated: August 21, 2012.</DATED>
          <NAME>Margaret Kolar,</NAME>
          <TITLE>Acting Deputy Regional Director, Pacific Southwest Region, Sacramento, California.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21299 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-55-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Fish and Wildlife Service</SUBAGY>
        <DEPDOC>[FWS-R3-ES-2012-N213; FXES11130300000F3-123-FF03E00000]</DEPDOC>
        <SUBJECT>Endangered and Threatened Wildlife and Plants; Permit Applications</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Fish and Wildlife Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability of permit applications; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We, the U.S. Fish and Wildlife Service (USFWS), invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act requires that we invite public comment before issuing these permits.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive any written comments on or before October 1, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send written comments by U.S. mail to the Regional Director, Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458; or by electronic mail to<E T="03">permitsR3ES@fws.gov</E>.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lisa Mandell, (612) 713-5343.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>We invite public comment on the following permit applications for certain activities with endangered species authorized by section 10(a)(1)(A) of the Act (16 U.S.C. 1531<E T="03">et seq.</E>) and our regulations governing the taking of endangered species in the Code of Federal Regulations (CFR) at 50 CFR 17. Submit your written data, comments, or request for a copy of the complete application to the address shown in<E T="02">ADDRESSES</E>.</P>
        <HD SOURCE="HD1">Permit Applications</HD>
        <HD SOURCE="HD1">Permit Application Number: TE82665A</HD>
        <FP SOURCE="FP-1">
          <E T="03">Applicant:</E>Melody Myers-Kinzie, Commonwealth Biomonitoring, Brownsburg, IN.</FP>
        
        <PRTPAGE P="53224"/>

        <P>The applicant requests a permit to take (capture and release) the fanshell mussel (<E T="03">Cyprogenia stegaria</E>), clubshell (<E T="03">Pleurobema clava</E>), northern riffleshell (<E T="03">Epioblasma torulosa</E>), pink mucket pearlymussel (<E T="03">Lampsilis abrupta</E>), snuffbox (<E T="03">Epioblasma triquetra</E>), and white catspaw (<E T="03">Epioblasma obliquata perobliquata</E>) within the States of Indiana and Ohio. Proposed activities are to survey and monitor populations for the recovery and enhancement of survival of the species in the wild.</P>
        <HD SOURCE="HD1">Permit Application Number: TE113009</HD>
        <FP SOURCE="FP-1">
          <E T="03">Applicant:</E>Steve A. Ahlstedt, Norris, TN.</FP>
        
        <P>The applicant requests a permit renewal to take (capture and release) the white catspaw within the States of Indiana and Ohio. Proposed activities are to survey and monitor populations for the recovery and enhancement of survival of the species in the wild.</P>
        <HD SOURCE="HD1">Permit Application Number: TE023666</HD>
        <FP SOURCE="FP-1">Applicant: Eric R. Britzke, U.S. Army Corps of Engineers—ERDC, Clinton, MS.</FP>
        

        <P>The applicant requests a permit renewal, with amendment, to take (capture and release; conduct non-lethal sampling) Indiana bats (<E T="03">Myotis sodalis</E>), gray bats (<E T="03">Myotis grisescens</E>), Virginia big-eared bats (<E T="03">Corynorhinus townsendii virginianus</E>), Ozark big-eared bat (<E T="03">C. t. ingens</E>), and Northern flying squirrel (<E T="03">Glaucomys sabrinus</E>) throughout the range of the species in Alabama, Arkansas, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin. Proposed activities are for the recovery of the species through research and population monitoring.</P>
        <HD SOURCE="HD1">Permit Application Number: TE82666A</HD>
        <FP SOURCE="FP-1">
          <E T="03">Applicant:</E>Justin G. Boyles, Southern Illinois University, Carbondale, IL.</FP>
        
        <P>The applicant requests a permit renewal, with amendments, to take (capture and release; conduct non-lethal sampling) Indiana bats and gray bats throughout the range of the species in Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin. Proposed activities are for the recovery of the species and enhancement of survival of the species in the wild.</P>
        <HD SOURCE="HD1">Public Comments</HD>

        <P>We seek public review and comments on these permit applications. Please refer to the permit number when you submit comments. Comments and materials we receive are available for public inspection, by appointment, during normal business hours at the address shown in the<E T="02">ADDRESSES</E>section. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 22, 2012.</DATED>
          <NAME>Lynn Lewis,</NAME>
          <TITLE>Assistant Regional Director, Ecological Services, Midwest Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21500 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Geological Survey</SUBAGY>
        <DEPDOC>[USGS-GX12EE000101000]</DEPDOC>
        <SUBJECT>Coastal and Marine Ecological Classification Standard</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Interior, U.S. Geological Survey.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of endorsement of coastal and marine ecological classification standard.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Geographic Data Committee (FGDC) has endorsed the Coastal and Marine Ecological Classification Standard (CMECS) as the first-ever comprehensive federal data standard for classifying and describing coastal and marine ecosystems.</P>
          <P>CMECS provides a means of classifying ecological and habitat units using a common terminology. It provides a uniform protocol for identifying, characterizing and naming ecological units in support of monitoring, protection, and restoration of unique biotic assemblages, protected species, critical habitat, and important ecosystem components.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Documentation for the standard is available for download at<E T="03">www.csc.noaa.gov/cmecs.</E>A searchable online catalog of CMECS units and their descriptions is available at<E T="03">www.cmecscatalog.org.</E>
          </P>
        </FURINF>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Dr. Rebecca Allee, NOAA Coastal Services Center—Gulf Coast Region, Building 1100, Suite 232, Stennis Space Center, MS 39529, Email:<E T="03">nos.csc.cmecs_ig@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>CMECS offers a simple standard framework and common terminology for describing natural and human influenced ecosystems, from the upper tidal reaches of estuaries to the deepest portions of the ocean. The framework is organized into two settings, biogeographic and aquatic, and four components, water column, geoform, substrate, and biotic. Each describes a separate aspect of the environment and biota. Settings and components can be used in combination or independently to describe ecosystem features. The hierarchical arrangement of units in the settings and components allows users to apply CMECS to the scale and specificity that best suits their needs. Modifiers allow users to customize the classification to meet specific needs.</P>
        <P>CMECS is designed to meet the needs of many users, including coastal resource managers and planners, development interests, engineers, mappers, and researchers from government, industry, and academia. The system was also developed to address applications on scales ranging from local and regional to national and beyond.</P>
        <P>FGDC member agencies the National Oceanic and Atmospheric Administration, the U.S. Environmental Protection Agency, and the U.S. Geological Survey, along with NatureServe, worked with over one hundred scientists and coastal managers to develop and test the standard. CMECS has been applied in projects in a variety of geographies. A rigorous four month public and peer review process led to consideration of and response to more than 800 individual comments from 31 individuals and organizations.</P>
        <P>The use and application of CMECS will improve our knowledge of marine ecosystems and may bring to light other necessary additions and adjustments to the standard. Users are encouraged to provide suggestions about possible changes to CMECS, which will follow a regular peer review and revision cycle. Protocols and tools for this process are currently in development.</P>
        <P>Practical applications for CMECS include:</P>
        
        <FP SOURCE="FP-2">• Ecosystem inventory and mapping</FP>
        <FP SOURCE="FP-2">• Coastal and marine spatial planning<PRTPAGE P="53225"/>
        </FP>
        <FP SOURCE="FP-2">• Marine Protected Area selection, evaluation, and assessment</FP>
        <FP SOURCE="FP-2">• Resource management and monitoring</FP>
        <FP SOURCE="FP-2">• Conservation status assessment</FP>
        <FP SOURCE="FP-2">• Habitat modeling</FP>

        <P>The FGDC coordinates the development of the National Spatial Data Infrastructure (NSDI), which encompasses the policies, standards, and procedures for organizations to cooperatively produce and share geospatial data. Federal agencies that make up the FGDC develop the NSDI in cooperation with organizations from State, local and tribal governments, the academic community, and the private sector. The authority for the FGDC is OMB Circular No. A-16, “Revised on Coordination of Geographic Information and Related Spatial Data Activities (Revised August 19, 2002).” Additional information on the FGDC and the NSDI is available at<E T="03">www.fgdc.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Ivan DeLoatch,</NAME>
          <TITLE>Executive Director, Federal Geographic Data Committee.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21552 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4311-AM-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Geological Survey</SUBAGY>
        <DEPDOC>[USGS-GX12GG00995NP00]</DEPDOC>
        <SUBJECT>National Earthquake Prediction Evaluation Council (NEPEC)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Interior, U.S. Geological Survey.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Pursuant to Public Law 96-472, the National Earthquake Prediction Evaluation Council (NEPEC) will hold a 1<FR>1/2</FR>day meeting on September 17 and 18, 2012, at the U.S. Geological Survey National Earthquake Information Center (NEIC), 1711 Illinois Avenue, Golden, Colorado 80401. The Council is comprised of members from academia and the Federal Government. The Council shall advise the Director of the U.S. Geological Survey on earthquake predictions, on the completeness and scientific validity of the available data related to earthquake predictions, and on related matters as assigned by the Director. Additional information about the Council may be found at<E T="03">http://earthquake.usgs.gov/aboutus/nepec/</E>.</P>
          <P>At the meeting, the Council will receive briefings on: ongoing and planned work with social and behavioral scientists on improving hazard and risk messages; development of a strategic plan for operational earthquake forecasting including calculation of short-term aftershock probabilities; discussions with emergency managers and other decision-makers about their needs for earthquake information, scientific evaluations, and hazard and risk forecasts; status of the project intended to deliver an updated Uniform California Earthquake Rupture Forecast (UCERF3); and on the delivery of near-real-time earthquake information by the NEIC.</P>
          <P>A draft meeting agenda is available from the Executive Secretary on request (contact information below), and will be posted to the web site (above) when finalized. In order to ensure sufficient seating and hand-outs, it is requested that visitors pre-register by September 13, 2012. Members of the public wishing to make a statement to the Council should provide notice of that intention by September 13 so that time may be allotted in the agenda.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held at the USGS National Earthquake Information Center on the campus of the Colorado School of Mines, 1711 Illinois Avenue, in Golden, Colorado 80401. The meeting will commence in the early afternoon of Monday, September 17, 2012, and continue the following day, beginning at 9 a.m. and adjourning at 4 p.m. Times are approximate. Guests are encouraged to contact the Executive Secretary for a copy of the agenda and instructions for parking and locating the meeting room.</P>
          <P>
            <E T="03">Contact:</E>Dr. Michael Blanpied, Executive Secretary, National Earthquake Prediction Evaluation Council, U.S. Geological Survey, MS 905, 12201 Sunrise Valley Drive, Reston, Virginia 20192, (703) 648-6696, Email:<E T="03">mblanpied@usgs.gov</E>.</P>
        </DATES>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>David J. Newman,</NAME>
          <TITLE>USGS Federal Register Liaison.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21602 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4311-AM-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Indian Affairs</SUBAGY>
        <SUBJECT>Draft Environmental Impact Statement for the Proposed Seminole Tribe of Florida Fee-to-Trust, City of Coconut Creek, Broward County, FL</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Indian Affairs, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Seminole Tribe of Florida (Tribe), City of Coconut Creek (City), and Broward County serving as cooperating agencies, intends to file a Draft Environmental Impact Statement (DEIS) with the U.S. Environmental Protection Agency (EPA) for the Seminole Tribe of Florida Fee-to-Trust Project, City of Coconut Creek, Florida, Broward County, Florida. This notice announces that the DEIS is now available for public review and the date, time, and location of a public hearing to receive comments on the DEIS.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The DEIS will be available for public comment beginning August 31, 2012. Written comments on the DEIS must arrive by October 15, 2012. The public hearing will be held on Tuesday, October 9, 2012, starting at 6 p.m. and will run until the last public comment is received.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may mail or hand-deliver written comments to Mr. Franklin Keel, Eastern Regional Director, Bureau of Indian Affairs, 545 Marriott Drive, Suite 700, Nashville, TN 37214. The public hearing will be held at the City of Coconut Creek Commission Chamber, 4800 West Copans Road, Coconut Creek, Florida, 33063.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Chester McGhee, Environmental Protection Specialist, Bureau of Indian Affairs, Eastern Region, 545 Marriott Drive, Suite 700, Nashville, TN 37214; fax (615) 564-6701; phone (615) 564-6832.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Public review of the DEIS is part of the administrative process for the evaluation of tribal application to the BIA for the Federal trust acquisition of approximately 45 acres in Coconut Creek, Broward County, Florida. The Tribe proposes to construct a hotel/resort on the trust property subsequent to the trust acquisition. A Notice of Intent (NOI) was published in the Sun-Sentinel on August 5, 6, and 7, 2010 and in the<E T="04">Federal Register</E>on August 6, 2010 (75 FR 47616). The BIA held a public scoping meeting for the project on September 15, 2010, at the Coral Springs High School Auditorium, in Coral Springs, Florida. Pursuant to Council on Environmental Quality (CEQ) National Environmental Policy Act (NEPA) regulations (40 CFR 1506.10), the publication of this Notice of Availability in the<E T="04">Federal Register</E>initiates a 45-day public comment period.</P>
        <HD SOURCE="HD1">Background</HD>

        <P>The Tribe has requested that the Secretary of the Interior acquire approximately 45 acres of Tribal-owned land in Federal trust for the Tribe in the City of Coconut Creek, Florida. The<PRTPAGE P="53226"/>project site is located northeast of the intersection of U.S. Highway 7/US-441 and Sample Road. The property surrounds on three sides the existing Seminole Coconut Creek Trust Property, currently housing the Coconut Creek Casino. The Proposed Action consists of transferring the 45± acres of property and the subsequent development of a hotel/resort and other ancillary uses (Proposed Project). At full build-out, the proposed hotel/resort facility would total approximately 47,000 square-feet (sf) of retail space, 54,000 sf of dining, a 2,500 seat showroom, and a 1,000-room hotel. The hotel tower would not exceed 275 feet above ground level. Access to the project site would be provided via one driveway along Sample Road, one driveway along SR-7/US-441, and one driveway along NW 54th Avenue. The following alternatives are considered in the DEIS:</P>
        <P>• Alternative A—Proposed Project;</P>
        <P>○ Sub-Alternative A-1—No Coconut Creek Approvals or Agreements;</P>
        <P>• Alternative B—Reduced Intensity Alternative;</P>
        <P>• Alternative C—No Action by Federal Government;</P>
        <P>○ Sub-Alternative C-1—No Coconut Creek Approvals or Agreements.</P>
        <P>Environmental issues addressed in the DEIS include geology and soils, water resources, air quality, biological resources, cultural and paleontological resources, socioeconomic conditions (including environmental justice), transportation and circulation, land use, public services, noise, hazardous materials, aesthetics, cumulative effects, and indirect and growth inducing effects.</P>
        <P>
          <E T="03">Directions for Submitting Comments:</E>Please include your name, return address, and the caption: “DEIS Comments, Seminole Tribe of Florida Fee-to-Trust Project,” on the first page of your written comments.</P>
        <P>
          <E T="03">Locations where the DEIS is Available for Review:</E>The DEIS is available for review at the Broward County Northwest Regional Library located at 3151 University Drive, Coral Springs, Florida, 33065 and the City of Coconut Creek City Hall located at 4800 West Copans Road, Coconut Creek, Florida, 33063. The DEIS is also available online at:<E T="03">http://www.seminoleeis.com.</E>
        </P>

        <P>To obtain a compact disk copy of the DEIS, please provide your name and address in writing or by voicemail to Chester McGhee, Environmental Protection Specialist, Bureau of Indian Affairs, Eastern Regional Office. Contact information is listed below in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice. Individual paper copies of the DEIS will be provided upon payment of applicable printing expenses by the requestor for the number of copies requested.</P>
        <P>
          <E T="03">Public Comment Availability:</E>Comments, including names and addresses of respondents, will be available for public review at the BIA mailing address shown in the<E T="02">ADDRESSES</E>section of this notice, during regular business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before including your address, telephone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>This notice is published pursuant to Sec. 1503.1 of the Council of Environmental Quality Regulations (40 CFR parts 1500 through 1508) and Sec. 46.305 of the Department of Interior Regulations (43 CFR part 46), implementing the procedural requirements of the NEPA of 1969, as amended (42 U.S.C. 4371, et seq.), and is in the exercise of authority delegated to the Assistant Secretary—Indian Affairs by 209 DM 8.</P>
        </AUTH>
        <SIG>
          <P>Dated: August 9, 2012.</P>
          <NAME>Donald E. Laverdure,</NAME>
          <TITLE>Acting Assistant Secretary—Indian Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21507 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-W7-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[MT-LLB05000-LL14300000-FQ0000; MTM 40412]</DEPDOC>
        <SUBJECT>Public Land Order No. 7792; Partial Revocation, Power Site Reserve No. 109; Montana</SUBJECT>
        <HD SOURCE="HD2">Correction</HD>
        <P>In notice document 2012-18888 appearing on pages 46111-46112 of the issue of Thursday, August 2, 2012 make the following correction:</P>
        <P>On page 46112, in the first column, in the 8th line from the top of the page, “Sec. 5, NE<FR>1/4</FR>; SW<FR>1/4</FR>.” should read “Sec. 5, NE<FR>1/4</FR>SW<FR>1/4</FR>.”.</P>
      </PREAMB>
      <FRDOC>[FR Doc. C1-2012-18888 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[SDM 013790]</DEPDOC>
        <SUBJECT>Public Land Order No. 7793; Partial Revocation of Public Land Order No. 1535; South Dakota</SUBJECT>
        <HD SOURCE="HD2">Correction</HD>
        <P>In notice document 2012-18885 appearing on page 46112 of the issue of Thursday, August 2, 2012 make the following correction:</P>
        <P>On page 46112, in the second column, in the 22nd line from the bottom of the page, “NW<FR>1/4</FR>;SE<FR>1/4</FR>;.” should read “NW<FR>1/4</FR>SE<FR>1/4</FR>.”.</P>
      </PREAMB>
      <FRDOC>[FR Doc. C1-2012-18885 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-NER-HPPC-10888; 4320-pplb-318]</DEPDOC>
        <SUBJECT>Final Environmental Impact Statement for the Susquehanna to Roseland 500-kilovolt Transmission Line, Appalachian National Scenic Trail; Delaware Water Gap National Recreation Area and Middle Delaware National Scenic and Recreational River</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 and the Council on Environmental Quality regulations, the National Park Service (NPS) has prepared a Final Environmental Impact Statement (Final EIS) for the permit for the Susquehanna to Roseland 500-kilovolt (kV) transmission line to pass through three units of the National Park System: The Appalachian National Scenic Trail, Delaware Water Gap National Recreation Area, and Middle Delaware National Scenic and Recreational River. This Final EIS describes and analyzes six alternatives for the transmission line that will guide the decision to grant or deny the construction and Right-of-Way (ROW) permits requested by the applicants.</P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Appalachian National Scenic Trail, Delaware Water Gap National Recreation Area, and the Middle Delaware National Scenic and Recreational River are famed for the recreational, scenic, natural, and cultural resources they contain. Each year, Delaware Water Gap National Recreation Area receives 5.2 million recreational visitors, and the Delaware<PRTPAGE P="53227"/>River is one of the primary recreational attractions in the park. Approximately 27 miles of the Appalachian National Scenic Trail occur within the boundaries of Delaware Water Gap National Recreation Area; the Appalachian National Scenic Trail attracts 4 million visitors each year.</P>
        <P>The existing transmission line ROW predates the establishment of the Appalachian National Scenic Trail in 1937, Delaware Water Gap National Recreation Area in 1965, and the Middle Delaware National Scenic and Recreational River in 1978. The applicants, PPL Electric Utilities Corporation and the Public Service Electric and Gas Company, request NPS permission to expand the size of the current ROW, access the ROW through existing natural and cultural areas, construct new and taller power line towers, and remove and replace the existing 230-kV Bushkill-to-Kittatinny (B-K) Line with a new double-circuit 500-kV transmission line (the S-R line). The purpose of the Final EIS is to respond to the applicants' need in light of the purposes and resources of the affected units of the National Park System, as expressed in statutes, regulations, and policies.</P>
        <P>The NPS has developed the Final EIS under section 102(2)(C) of the National Environmental Policy Act of 1969 (as amended), and consistent with NPS laws, regulations, and policies, and the purposes of these three parks. The Final EIS describes and analyzes six alternatives (1, 2, 2b, 3, 4, and 5). The applicants have proposed construction of a 500-kV transmission line from the Susquehanna Substation (Berwick, Pennsylvania) to the Roseland Substation (Roseland, New Jersey). The construction and ROW permits would allow the construction through Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River, and Appalachian National Scenic Trail in Pennsylvania and New Jersey. The alternatives follow existing ROWs to reduce the impacts from construction and operation of the transmission line.</P>
        <P>Under Alternative 1 (no action), the permit to allow construction of the applicant's proposal would be denied and current conditions would be presumed to continue. Alternative 2 (applicant's proposed route) would cross approximately 4.3 miles of NPS lands along the existing B-K Line corridor and require the cleared ROW to be expanded to 350 feet wide. Alternative 2b (applicant's alternate route) would follow the same route as Alternative 2, but would be constructed within the applicant's existing deeded ROW without expansion. Alternative 3 would cross approximately 5.4 miles of NPS lands along a different existing transmission line corridor and would require a ROW 350 feet in width. Alternative 4 would cross approximately 1.5 miles of NPS lands along another existing transmission line corridor and would require a ROW 350 feet in width. This alternative would not cross the Middle Delaware National Scenic and Recreational River. Alternative 5 would follow the same route as Alternative 4, but would not include a 0.6-mile stretch of NPS land west of the Bushkill substation. Alternative 2 is the NPS preferred alternative and Alternative 1 is the environmentally preferable alternative.</P>
        <P>The Final EIS analyzes the impacts of the alternatives in detail for geologic resources (including topography and paleontology), flood plains, wetlands, vegetation, landscape connectivity, wildlife habitat and wildlife, special-status species, rare and unique communities, archeological resources, historic structures, cultural landscapes, socioeconomics, infrastructure, access and circulation, visitor use and experience, visual resources, soundscapes, wild and scenic rivers, park operations, and health and safety.</P>

        <P>The Draft EIS was released in November 2011 and was available for public and agency review and comment beginning with publication of the Notice of Availability in the<E T="04">Federal Register</E>. Comments were accepted during the 60-day public comment period. After this public review, NPS identified the preferred alternative and revised this document in response to public comments.</P>

        <P>The Final EIS is now available. Interested persons and organizations may obtain the Final EIS online at<E T="03">http://parkplanning.nps.gov/dewa.</E>A 30-day no-action period will follow this Notice of Availability in the<E T="04">Federal Register</E>. After this period, the alternative or actions constituting the approved plan will be documented in a Record of Decision that will be signed by the Regional Director of the Northeast Region of the NPS. Notice of approval of the EIS would be published similarly.</P>
        <SIG>
          <DATED>Dated: August 15, 2012.</DATED>
          <NAME>Dennis R. Reidenbach,</NAME>
          <TITLE>Regional Director, Northeast Region, National Park Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-20697 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-JG-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-NERO-CEBE-11101; 4240-SZM]</DEPDOC>
        <SUBJECT>Notice of Public Meetings for Cedar Creek and Belle Grove National Historical Park Advisory Commission</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meetings.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given in accordance with the Federal Advisory Committee Act that meetings of the Cedar Creek and Belle Grove National Historical Park Advisory Commission will be held to discuss the implementation of the Park's general management plan.</P>
          <P>
            <E T="03">Date:</E>September 20, 2012.</P>
          <P>
            <E T="03">Location:</E>Warren County Government Center, 220 North Commerce Avenue, Front Royal, VA 22360.</P>
          <P>
            <E T="03">Date:</E>December 20, 2012.</P>
          <P>
            <E T="03">Location:</E>Strasburg Town Hall Council Chambers, 174 East King Street, Strasburg, VA 22657.</P>
          <P>
            <E T="03">Date:</E>March 21, 2013.</P>
          <P>
            <E T="03">Location:</E>Middletown Town Council Chambers, 7875 Church Street, Middletown, VA 22645.</P>
          <P>
            <E T="03">Date:</E>June 20, 2013.</P>
          <P>
            <E T="03">Location:</E>Warren County Government Center, 220 North Commerce Avenue, Front Royal, VA 22630.</P>
          <HD SOURCE="HD1">Agenda</HD>
          <P>The Commission meetings will consist of the following:</P>
          
        </SUM>
        <FP SOURCE="FP-2">1. General Introductions</FP>
        <FP SOURCE="FP-2">2. Review and approval of Commission Meeting Notes</FP>
        <FP SOURCE="FP-2">3. Reports and Discussions</FP>
        <FP SOURCE="FP-2">4. Old Business</FP>
        <FP SOURCE="FP-2">5. New Business</FP>
        <FP SOURCE="FP-2">6. Closing Remarks</FP>
        
        <P>All meetings are open to the public and begin at 8:30 a.m.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Diann Jacox, Superintendent, Cedar Creek and Belle Grove National Historical Park, P.O. Box 700, Middletown, Virginia 22645, telephone (540) 868-9176.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>All meetings are open to the public.Topics to be discussed include: visitor services and interpretation—including directional and interpretive signage and visitor facilities, land protection planning, historic preservation, and natural resource protection.</P>

        <P>The Park Advisory Commission was designated by Congress to advise on the preparation and implementation of the park's general management plan. Individuals who are interested in the<PRTPAGE P="53228"/>Park, the implementation of the plan, or the business of the Commission are encouraged to attend the meetings. Interested persons may make oral comments to the Commission. Scheduling of public comments during the Commission meeting will be determined by the chairperson of the Commission.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Diann Jacox,</NAME>
          <TITLE>Superintendent, Cedar Creek and Belle Grove National Historical Park.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21565 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-AR-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NAGPRA-11085; 2200-1100-665]</DEPDOC>
        <SUBJECT>Native American Graves Protection and Repatriation Review Committee: Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given in accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix (1988), of a meeting of the Native American Graves Protection and Repatriation Review Committee (Review Committee). This meeting will be open to the public. The agenda may include requests to the Review Committee for a recommendation to the Secretary of the Interior, as required by law, in order to effect the agreed-upon disposition of Native American human remains determined to be culturally unidentifiable; presentations by Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and the public; requests to the Review Committee, pursuant to 25 U.S.C. 3006 (c)(3), for review and findings of fact related to the identity or cultural affiliation of human remains or other cultural items, or the return of such items; and facilitation of the resolution of disputes among parties are convened by the Review Committee pursuant to 25 U.S.C. 3006 (c)(4).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Review Committee will meet on May 22-23, 2013. Presentation requests must be received by March 22, 2013. Requests for disposition or for findings of fact must be received by March 9, 2013. Requests to convene parties and facilitate resolution of a dispute must be received by February 3, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The Review Committee will meet in the History Colorado Center of the History Colorado Museum, 1200 Broadway, Denver, CO 80203. Electronic submissions are to be sent to:<E T="03">Sherry_Hutt@nps.gov.</E>Mailed submissions are to be sent to: Designated Federal Officer, NAGPRA Review Committee, National Park Service, National NAGPRA Program, 1201 Eye Street NW., 8th Floor (2253), Washington, DC 20005.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given in accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix (1988), of a meeting of the Native American Graves Protection and Repatriation Review Committee (Review Committee). The Review Committee will meet on May 22-23, 2013, in the History Colorado Center of the History Colorado Museum, 1200 Broadway, Denver, CO 80203. This meeting will be open to the public.</P>

        <P>The agenda for this meeting will include the appointment of the subcommittee to draft the Review Committee's Report to the Congress for 2013, and discussion of the scope of the Report; and National NAGPRA Program reports. In addition, the agenda may include requests to the Review Committee for a recommendation to the Secretary of the Interior, as required by law, in order to effect the agreed-upon disposition of Native American human remains determined to be culturally unidentifiable; presentations by Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and the public; requests to the Review Committee, pursuant to 25 U.S.C. 3006 (c)(3), for review and findings of fact related to the identity or cultural affiliation of human remains or other cultural items, or the return of such items; and facilitation of the resolution of disputes among parties are convened by the Review Committee pursuant to 25 U.S.C. 3006 (c)(4). The agenda and materials for this meeting will be posted on or before April 22, 2013, at<E T="03">http://www.nps.gov/nagpra.</E>
        </P>
        <P>The Review Committee is soliciting presentations by Indian tribes, Native Hawaiian organizations, museums, and Federal agencies on the following two topics: (1) The progress made, and any barriers encountered, in implementing NAGPRA and (2) the outcomes of dispute resolution facilitated by the Review Committee pursuant to 25 U.S.C. 3006 (c)(4). The Review Committee also will consider other presentations by Indian tribes, Native Hawaiian organizations, museums, Federal agencies, and the public. A presentation request must, at minimum, include an abstract of the presentation and contact information for the presenter(s). Presentation requests must be received by March 22, 2013.</P>

        <P>The Review Committee will consider requests for a recommendation to the Secretary of the Interior, as required by law, in order to effect the agreed-upon disposition of Native American human remains determined to be culturally unidentifiable (CUI). A CUI disposition request must include the appropriate, completed form posted on the National NAGPRA Program Web site and, as applicable, the ancillary materials noted on the form. To access and download the appropriate form—either the form for CUI with a “tribal land” or “aboriginal land” provenience or the form for CUI without a “tribal land” or “aboriginal land” provenience—go to<E T="03">http://www.nps.gov/nagpra,</E>and then click on “Request for CUI Disposition Form.” CUI disposition requests must be received by March 9, 2013.</P>
        <P>The Review Committee will consider requests, pursuant to 25 U.S.C. 3006 (c)(3), for review and findings of fact related to the identity or cultural affiliation of human remains or other cultural items, or the return of such items, where consensus among affected parties is unclear or uncertain. A request for findings of fact must be accompanied by a statement of the fact(s) at issue and supporting materials, including those exchanged by the parties to consultation concerning the Native American human remains and or other cultural items. Requests for findings of fact must be received by March 9, 2013.</P>

        <P>The Review Committee will consider requests, pursuant to 25 U.S.C. 3006 (c)(4), to convene parties and facilitate resolution of a dispute, where consensus clearly has not been reached among affected parties regarding the identity or cultural affiliation of human remains or other cultural items, or the return of such items. A request to convene parties and facilitate resolution of a dispute must be accompanied by a statement of the decision of the museum or Federal agency subject to the dispute resolution request, a statement of the issue and supporting materials, including those exchanged by the parties to consultation concerning the Native American human remains and or<PRTPAGE P="53229"/>other cultural items. Requests to convene parties and facilitate resolution of a dispute must be received by February 3, 2013.</P>
        <P>Submissions may be made in one of three ways:</P>
        <P>1. Electronically, as an attachment to a message (preferred for submissions of 10 pages or less). Electronic submissions are to be sent to: Sherry_Hutt@nps.gov.</P>
        <P>2. By mail, on a single compact disc (preferred for submissions of more than 10 pages). Mailed submissions are to be sent to: Designated Federal Officer, NAGPRA Review Committee, National Park Service, National NAGPRA Program, 1201 Eye Street NW., 8th Floor (2253), Washington, DC 20005.</P>
        <P>3. By mail, in hard copy.</P>
        
        <FP>Such items are subject to posting on the National NAGPRA Program Web site prior to the meeting. Items submitted at the meeting are subject to posting after the meeting.</FP>

        <P>Information about NAGPRA, the Review Committee, and Review Committee meetings is available on the National NAGPRA Program Web site, at<E T="03">http://www.nps.gov/nagpra.</E>For the Review Committee's meeting procedures, click on “Review Committee,” then click on “Procedures.” Meeting minutes may be accessed by going to the Web site; then clicking on “Review Committee” and then clicking on “Meeting Minutes.” Approximately fourteen weeks after each Review Committee meeting, the meeting transcript is posted for a limited time on the National NAGPRA Program Web site.</P>
        <P>The Review Committee was established in Section 8 of the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), 25 U.S.C. 3006. Review Committee members are appointed by the Secretary of the Interior. The Review Committee is responsible for monitoring the NAGPRA inventory and identification process; reviewing and making findings related to the identity or cultural affiliation of cultural items, or the return of such items; facilitating the resolution of disputes; compiling an inventory of culturally unidentifiable human remains that are in the possession or control of each Federal agency and museum, and recommending specific actions for developing a process for disposition of such human remains; consulting with Indian tribes and Native Hawaiian organizations and museums on matters affecting such tribes or organizations lying within the scope of work of the Committee; consulting with the Secretary of the Interior on the development of regulations to carry out NAGPRA; and making recommendations regarding future care of repatriated cultural items. The Review Committee's work is carried out during the course of meetings that are open to the public.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 8, 2012.</DATED>
          <NAME>Sherry Hutt,</NAME>
          <TITLE>Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21614 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-NERO-ACAD-11018; 1700-SZM]</DEPDOC>
        <SUBJECT>Notice of Meeting for Acadia National Park Advisory Commission</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice sets the date of the Acadia National Park Advisory Commission meeting.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public meeting of the Advisory Commission will be held on Monday, September 10, 2012, at 1:00 p.m. (Eastern).</P>
          <P>
            <E T="03">Location:</E>The meeting will be held at Headquarters, Acadia National Park, Bar Harbor, Maine 04609.</P>
        </DATES>
        <HD SOURCE="HD1">Agenda</HD>
        <P>The September 10, 2012, Commission meeting will consist of the following:</P>
        
        <FP SOURCE="FP-2">1. Committee reports:</FP>
        <FP SOURCE="FP1-2">—Land Conservation</FP>
        <FP SOURCE="FP1-2">—Park Use</FP>
        <FP SOURCE="FP1-2">—Science and Education</FP>
        <FP SOURCE="FP1-2">—Historic</FP>
        <FP SOURCE="FP-2">2. Old Business</FP>
        <FP SOURCE="FP-2">3. Superintendent's Report</FP>
        <FP SOURCE="FP-2">4. Chairman's Report</FP>
        <FP SOURCE="FP-2">5. Public Comments</FP>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Sheridan Steele, Superintendent, Acadia National Park, P.O. Box 177, Bar Harbor, Maine 04609, telephone (207) 288-3338.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The meeting is open to the public. Interested persons may make oral/written presentations to the Commission or file written statements. Such requests should be made to the Superintendent at least seven days prior to the meeting. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 6, 2012.</DATED>
          <NAME>Sheridan Steele,</NAME>
          <TITLE>Superintendent, Acadia National Park.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21575 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-2N-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-CONC-10936; 2410-OYC]</DEPDOC>
        <SUBJECT>Notice of Public Meeting: Concessions Management Advisory Board</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given in accordance with the Federal Advisory Committee Act that the 25th meeting of the Concessions Management Advisory Board (the Board) will be held as indicated below.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 18, 2012, in Shenandoah National Park, Historic Conference Building, Skyline Drive, Mile Marker 41.7, Luray, Virginia, beginning at 9 a.m. Members of the public are invited to attend. A public comment period will be held.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>National Park Service, Commercial Services Program, 1201 Eye Street NW., Washington, DC 20005, Telephone: 202/513-7156.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Board was established by Title IV, Section 409 of the National Parks Omnibus Management Act of 1998, November 13, 1998 (Pub. L. 105-391). The purpose of the Board is to advise the Secretary and the National Park Service on matters relating to management of concessions in the National Park System. The members of the Advisory Board are: Dr. James J. Eyster, Ms. Ramona Sakiestewa, Mr. Richard Linford, Mr. Phil Voorhees, Mr. Edward E. Mace, and Ms. Michele Michalewicz.<PRTPAGE P="53230"/>
        </P>
        <P>Topics that will be presented during the meeting include:</P>
        
        <FP SOURCE="FP-1">• General Commercial Services Program Updates</FP>
        <FP SOURCE="FP-1">• Concession Contracting Status Update</FP>
        <FP SOURCE="FP-1">• Standards, Evaluations, and Rate Approval Project Update</FP>
        <FP SOURCE="FP-1">• Open Discussion of Incentive Programs for Concessioners</FP>
        <FP SOURCE="FP-1">• Public Comment—Limited to 3 minutes per person</FP>
        
        <FP>The meeting will be open to the public, however, facilities and space for accommodating members of the public are limited, and persons will be accommodated on a first-come-first-served basis.</FP>
        <HD SOURCE="HD1">Assistance to Individuals With Disabilities at the Public Meeting</HD>

        <P>The meeting site is accessible to individuals with disabilities. If you plan to attend and will require an auxiliary aid or service to participate in the meeting (<E T="03">e.g.,</E>interpreting service, assistive listening device, or materials in an alternate format), notify the contact person listed in this notice at least 2 weeks before the scheduled meeting date. Attempts will be made to meet any request(s) we receive after that date, however, we may not be able to make the requested auxiliary aid or service available because of insufficient time to arrange for it.</P>
        <P>Anyone may file with the Board a written statement concerning matters to be discussed. The Board may also permit attendees to address the Board, but may restrict the length of the presentations, as necessary to allow the Board to complete its agenda within the allotted time. Such requests should be made to the Director, National Park Service, Attention: Chief, Commercial Services Program, at least 7 days prior to the meeting. Draft minutes of the meeting will be available for public inspection approximately 6 weeks after the meeting, at the Commercial Services Program office located at 1201 Eye Street NW., 11th Floor, Washington, DC.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>Peggy O'Dell,</NAME>
          <TITLE>Deputy Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21562 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-53-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11084; 2200-3200-665]</DEPDOC>
        <SUBJECT>Landmarks Committee of the National Park System Advisory Board Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given in accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix (1988), that a meeting of the Landmarks Committee of the National Park System Advisory Board will be held beginning at 10 a.m. on November 7, 2012, at the following location. The meeting will continue beginning at 9:30 a.m. on November 8, 2012.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on November 7, 2012, from 10 a.m. to 4:30 p.m.; and November 8 from 9:30 a.m. to 1 p.m., Eastern Standard Time, inclusive.</P>
          <P>
            <E T="03">Location:</E>The meeting will be held at the General Federation of Women's Clubs, 1734 N Street NW., 2nd Floor Parlor, Washington, DC 20036.</P>
          <P>
            <E T="03">Agenda:</E>The National Park System Advisory Board and its Landmarks Committee may consider the following nominations:</P>
        </DATES>
        <HD SOURCE="HD1">Alabama</HD>
        <FP SOURCE="FP-1">EDMUND PETTUS BRIDGE, Dallas County</FP>
        <HD SOURCE="HD1">Connecticut</HD>
        <FP SOURCE="FP-1">HARRIET BEECHER STOWE HOUSE, Hartford</FP>
        <HD SOURCE="HD1">Illinois</HD>
        <FP SOURCE="FP-1">SECOND PRESBYTERIAN CHURCH, Chicago</FP>
        <HD SOURCE="HD1">Kentucky</HD>
        <FP SOURCE="FP-1">CAMP NELSON HISTORIC AND ARCHEOLOGICAL DISTRICT, Jessamine County</FP>
        <FP SOURCE="FP-1">GEORGE T. STAGG DISTILLERY, Frankfort</FP>
        <HD SOURCE="HD1">Maine</HD>
        <FP SOURCE="FP-1">CAMDEN AMPHITHEATRE AND PUBLIC LIBRARY, Camden</FP>
        <HD SOURCE="HD1">New Hampshire</HD>
        <FP SOURCE="FP-1">
          <E T="03">EPIC OF AMERICAN CIVILIZATION</E>MURALS, BAKER LIBRARY, Hanover</FP>
        <HD SOURCE="HD1">New Jersey</HD>
        <FP SOURCE="FP-1">HINCHCLIFFE STADIUM, Paterson</FP>
        <HD SOURCE="HD1">New York</HD>
        <FP SOURCE="FP-1">YADDO, Saratoga Springs</FP>
        <HD SOURCE="HD1">Oklahoma</HD>
        <FP SOURCE="FP-1">HONEY SPRINGS BATTLEFIELD, McIntosh and Muskogee Counties</FP>
        <HD SOURCE="HD1">Puerto Rico</HD>
        <FP SOURCE="FP-1">CASA DRA. CONCHA MELÉNDEZ RAMÍREZ, San Juan</FP>
        <FP SOURCE="FP-1">OLD SAN JUAN HISTORIC DISTRICT (DISTRITO HISTÓRICO DEL VIEJO SAN JUAN), San Juan</FP>
        <HD SOURCE="HD1">Virginia</HD>
        <FP SOURCE="FP-1">PEAR VALLEY, Eastville</FP>
        <HD SOURCE="HD2">Proposed Amendments to Existing Designations</HD>
        <FP SOURCE="FP-1">OCEAN DRIVE HISTORIC DISTRICT, Newport, RI (updated documentation)</FP>
        <FP SOURCE="FP-1">PENNSYLVANIA STATE CAPITOL COMPLEX, Harrisburg, PA (boundary expansion and updated documentation)</FP>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Patricia Henry, National Historic Landmarks Program, National Park Service; 1849 C Street NW. (2280); Washington, DC 20240; Telephone (202) 354-2216; Email:<E T="03">Patty_Henry@nps.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The purpose of the meeting of the Landmarks Committee of the National Park System Advisory Board is to evaluate nominations of historic properties in order to advise the National Park System Advisory Board of the qualifications of each property being proposed for National Historic Landmark (NHL) designation, and to make recommendations regarding the possible designation of those properties as National Historic Landmarks to the National Park System Advisory Board at a subsequent meeting at a place and time to be determined. The Committee also makes recommendations to the National Park System Advisory Board regarding amendments to existing designations and proposals for withdrawal of designation. The members of the Landmarks Committee are:</P>
        
        <FP SOURCE="FP-1">Mr. Ronald James, Chair</FP>
        <FP SOURCE="FP-1">Dr. James M. Allan</FP>
        <FP SOURCE="FP-1">Dr. Cary Carson</FP>
        <FP SOURCE="FP-1">Dr. Darlene Clark Hine</FP>
        <FP SOURCE="FP-1">Mr. Luis Hoyos, AIA</FP>
        <FP SOURCE="FP-1">Dr. Barbara J. Mills</FP>
        <FP SOURCE="FP-1">Dr. William J. Murtagh</FP>
        <FP SOURCE="FP-1">Dr. Franklin Odo</FP>
        <FP SOURCE="FP-1">Dr. William D. Seale</FP>
        <FP SOURCE="FP-1">Dr. Michael E. Stevens</FP>
        

        <P>The meeting will be open to the public. Pursuant to 36 CFR Part 65, any<PRTPAGE P="53231"/>member of the public may file, for consideration by the Landmarks Committee of the National Park System Advisory Board, written comments concerning the National Historic Landmarks nominations, amendments to existing designations, or proposals for withdrawal of designation.</P>

        <P>Comments should be submitted to J. Paul Loether, Chief, National Register of Historic Places and National Historic Landmarks Program, National Park Service; 1849 C Street NW. (2280); Washington, DC 20240; Email:<E T="03">Paul_Loether@nps.gov</E>.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can  ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 17, 2012.</DATED>
          <NAME>Alexandra Lord,</NAME>
          <TITLE>Acting Chief, National Register of Historic Places and National Historic Landmarks Program; National Park Service, Washington, DC.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21466 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11045; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before August 4, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by September 17, 2012. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 18, 2012.</DATED>
          <NAME>Alexandra Lord,</NAME>
          <TITLE>Acting Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        <EXTRACT>
          <HD SOURCE="HD1">FLORIDA</HD>
          <HD SOURCE="HD1">Broward County</HD>
          <FP SOURCE="FP-1">West Side Grade School, Old, 301 Harmon Ave., Fort Lauderdale, 12000790</FP>
          <HD SOURCE="HD1">Polk County</HD>
          <FP SOURCE="FP-1">Lewis, W. Henry, House, 424 N. Oak St., Fort Meade, 12000791</FP>
          <HD SOURCE="HD1">IOWA</HD>
          <HD SOURCE="HD1">Clinton County</HD>
          <FP SOURCE="FP-1">Clinton High School and Public Library (Clinton, Iowa MPS), 600 S. 4th St., Clinton, 12000792</FP>
          <HD SOURCE="HD1">Dubuque County</HD>
          <FP SOURCE="FP-1">Upper Central Avenue Commercial Historic District (Dubuque, Iowa MPS), 1460-1965 Central Ave., Dubuque, 12000793</FP>
          <HD SOURCE="HD1">MISSOURI</HD>
          <HD SOURCE="HD1">St. Louis Independent City</HD>
          <FP SOURCE="FP-1">Star Bucket Pump Company Building, 1218-1224 N. 15th St., St. Louis (Independent City), 12000794</FP>
          <HD SOURCE="HD1">NEW YORK</HD>
          <HD SOURCE="HD1">Kings County</HD>
          <FP SOURCE="FP-1">Old Stone House of Brooklyn, The, 3rd St. at 5th Ave., Brooklyn, 12000797</FP>
          <HD SOURCE="HD1">Rensselaer County</HD>
          <FP SOURCE="FP-1">Brownell-Cornell-Gibbs Farmstead (Farmsteads of Pittstown, New York MPS), 606 Groveside Rd., Buskirk, 12000796</FP>
          <FP SOURCE="FP-1">Thomas—Wiley—Abbott Farmstead (Farmsteads of Pittstown, New York MPS), 703 Johnsonville Rd., Johnsonville, 12000798</FP>
          <HD SOURCE="HD1">NORTH CAROLINA</HD>
          <HD SOURCE="HD1">Cumberland County</HD>
          <FP SOURCE="FP-1">Fayetteville Veterans Administration Hospital Historic District (United States Second Generation Veterans Hospitals MPS), 2300 Ramsey St., Fayetteville, 12000799</FP>
          <HD SOURCE="HD1">OHIO</HD>
          <HD SOURCE="HD1">Cuyahoga County</HD>
          <FP SOURCE="FP-1">Oppmann Terrace (Apartment Buildings in Ohio Urban Centers, 1870-1970 MPS), 10119 Detroit Ave., Cleveland, 12000800</FP>
          <FP SOURCE="FP-1">Richman Brothers Company, The, 1600 E. 55th St., Cleveland, 12000795</FP>
          <HD SOURCE="HD1">Lawrence County</HD>
          <FP SOURCE="FP-1">Grand Army of the Republic Memorial Hall, 401 Railroad St., Ironton, 12000801</FP>
          <HD SOURCE="HD1">Portage County</HD>
          <FP SOURCE="FP-1">Franklin Hotel, 176 E. Main St., Kent, 12000802</FP>
          <HD SOURCE="HD1">VERMONT</HD>
          <HD SOURCE="HD1">Windsor County</HD>
          <FP SOURCE="FP-1">Spencer Hollow School (Educational Resources of Vermont MPS), 50 Spencer Hollow Rd., Springfield, 12000803</FP>
          
          <P>A request for removal has been made for the following resource:</P>
          <HD SOURCE="HD1">SOUTH DAKOTA</HD>
          <HD SOURCE="HD1">Brule County</HD>
          <FP SOURCE="FP-1">Bradshaw, O.G., Elevator, 220 W. Railroad St., Kimball, 12000034</FP>
        </EXTRACT>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21600 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Reclamation</SUBAGY>
        <DEPDOC>[INT-FES 12-40]</DEPDOC>
        <SUBJECT>Final Environmental Impact Statement for the Odessa Subarea Special Study—Columbia Basin Project Adams, Franklin, Grant, and Lincoln Counties, WA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Reclamation, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Bureau of Reclamation, in cooperation with the Washington State Department of Ecology (Ecology), the joint lead agency, is notifying the public that they have prepared a final environmental impact statement and has made it available to the public for review.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Bureau of Reclamation will not make a decision on the proposed action until at least 30 days after filing of the final environment impact statement with the Environmental Protection Agency. After the 30-day waiting period, the Bureau of Reclamation may complete a Record of Decision that identifies a selected action for implementation and discusses the rationale upon which the decision was made.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Requests for copies of the final environmental impact statement and comments should be addressed to Candace McKinley, Environmental Program Manager, Bureau of Reclamation, Columbia-Cascades Area Office, 1917 Marsh Road, Yakima, Washington 98901; or by email at<E T="03">odessa@usbr.gov</E>.</P>
        </ADD>
        <FURINF>
          <PRTPAGE P="53232"/>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Contact Candace McKinley, Environmental Program Manager, Telephone (509) 575-5848 x603. Information on this project can also be found at:<E T="03">http://www.usbr.gov/pn/programs/ucao_misc/odessa/index.html</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The final environmental impact statement (FEIS) was completed pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4332, and also will comply with requirements of the Washington State Environmental Policy Act (SEPA), Chapter 43.21C, Revised Code of Washington (RCW). Reclamation published a Notice of Availability for the Draft EIS in the<E T="04">Federal Register</E>on October 25, 2010 (75 FR 65503) with an extended public comment period ending on January 31, 2011. Reclamation and Ecology have clarified the FEIS is the initial environmental analysis within a tiered process under NEPA and SEPA. Reclamation and Ecology expect that some projects or actions advanced out of this first tier EIS may be subject to subsequent second tier, project-level, environmental analysis under NEPA and SEPA before being approved for implementation. Tiering refers to the process of addressing a broad, general program, policy or proposal in an initial analysis followed by analyses of a more precisely defined site-specific proposal related to the initial program, policy, or proposal when that proposal is ready to be carried forward. Any subsequent NEPA project-level analysis could include a combination of EIS(s), supplemental EIS(s), environmental assessments(s), and/or categorical exclusion(s) along with corresponding SEPA reviews, as appropriate, depending on the proposed action, phasing of implementation, and potential for adverse impacts. Actions described in this FEIS that are analyzed in full, such as canal expansion will not undergo a second tier NEPA/SEPA review. Decisions relative to the general scope of the action alternative which include acreage, water supply, and general site locations would also not be subject to additional review. The FEIS includes written responses to public comments received on the Draft EIS.</P>
        <HD SOURCE="HD1">Background Information</HD>
        <P>The Grand Coulee Dam Project was authorized for construction by the Rivers and Harbors Act of August 30, 1935, and reauthorized and renamed in the Columbia Basin Project Act of March 10, 1943. The Columbia Basin Project (CBP) is a multipurpose water development project in the central part of the State of Washington. Congress authorized the CBP to irrigate a total of 1,029,000 acres; about 671,000 acres are currently irrigated.</P>
        <P>Section 9(a) of the Reclamation Project Act of 1939 gave authority to the Secretary of the Interior (Secretary) to approve a finding of feasibility and thereby authorize construction of a project upon submitting a report to the President and the Congress. The Secretary approved a plan of development for the CBP, known as House Document No. 172 in 1945. House Document No. 172 anticipated that development of the CBP would occur in phases over a 70-year period. The Odessa Subarea Special Study is conducted under the authority of the CBP Act of 1943, as amended, and the Reclamation Project Act of 1939.</P>
        <P>In response to the public's concern about declining groundwater supplies in the Odessa aquifer and associated economic and other effects, Congress has funded Reclamation to investigate this problem. Ecology has partnered with Reclamation by providing funding and collaborating on various technical studies. In February 2006, the Washington State Legislature passed the Columbia River Water Resource Management Act (Chapter 90.90 RCW) that directs Ecology to aggressively pursue development of water benefiting both instream and out-of-stream uses through storage, conservation, and voluntary regional water management agreements. The Odessa Subarea Special Study is one of several activities identified in the legislation and was initiated by Reclamation and Ecology in 2008.</P>
        <P>Reclamation and Ecology are studying the potential to replace the current and increasingly unreliable groundwater supplies used for irrigation in the Odessa Subarea Special Study Area (Study Area) within the CBP authorized boundary with a surface water supply as part of continued phased development of the CBP.</P>
        <P>The alternatives being considered include the No Action Alternative as required by NEPA and SEPA, and six action alternatives that address the Purpose and Need. The six action alternatives rely on several different water supply and delivery options, and fall within the following three categories:</P>
        <P>
          <E T="03">Partial Replacement:</E>This group of delivery alternatives focuses on enlarging the existing East Low Canal and providing CBP surface water to approximately 57,000 acres in the Study Area that currently are irrigated with groundwater. Nearly all of the acreage served would be south of Interstate 90 (I-90). A small portion of the remaining groundwater-irrigated acres in the Study Area north of I-90, nearest the East Low Canal, may also be served.</P>
        <P>
          <E T="03">Full Replacement:</E>This group of delivery alternatives would provide CBP surface water to most groundwater-irrigated acreage in the Study Area (approximately 102,600 acres), both north and south of I-90. Lands south of I-90 would be served by enlarging the East Low Canal. Lands north of I-90 would be served by constructing a new East High Canal system.</P>
        <P>
          <E T="03">Modified Partial Replacement:</E>This group of delivery alternatives would provide replacement water for approximately 70,000 acres of existing groundwater-irrigated lands both north and south of I-90. Approximately 25,000 acres of 70,000 acres would be located north of I-90, while the remaining 45,000 acres would be south of I-90.</P>
        <P>The two modified partial replacement alternatives were developed in response to comments received on the draft EIS. These two alternatives include lands, facilities, and quantities of water that are within the range of alternatives and alternative impacts considered in the Draft EIS.</P>
        <P>Two water supply options are being considered that would use storage from Banks Lake reservoir and Lake Roosevelt either individually or in combination, as follows: Option A—Banks Lake reservoir, would use storage through additional drawdowns from Banks Lake reservoir, exclusively; and Option B—Banks Lake and Lake Roosevelt, would use existing storage in Banks Lake and Lake Roosevelt, resulting in additional drawdowns from both reservoirs. Reclamation and Ecology have identified the Modified Partial Replacement Alternative with water supply option A (Banks Only) as their preferred alternative.</P>
        <P>The FEIS is available for public inspection at the following locations:</P>
        
        <FP SOURCE="FP-1">• Bureau of Reclamation, Columbia-Cascades Area Office, 1917 Marsh Road, Yakima, Washington; telephone: (509) 575-5848</FP>
        <FP SOURCE="FP-1">• Bureau of Reclamation, Pacific Northwest Regional Office, 1150 North Curtis Road, Suite 100, Boise, Idaho; telephone: (208) 378-5012</FP>
        <FP SOURCE="FP-1">• Bureau of Reclamation, Ephrata Field Office, 32 C Street Northwest, Ephrata, Washington; telephone (509) 754-0214</FP>

        <FP SOURCE="FP-1">• Washington State Department of Ecology, 15 W. Yakima Avenue, Suite 200, Yakima, Washington; telephone (509) 575-2490<PRTPAGE P="53233"/>
        </FP>
        <FP SOURCE="FP-1">• Washington State Department of Ecology, 4601 North Monroe, Spokane, Washington; telephone (509) 329-3400</FP>
        <HD SOURCE="HD1">Libraries</HD>
        <FP SOURCE="FP-1">• Basin City Branch, Mid-Columbia Library, Basin City, Washington</FP>
        <FP SOURCE="FP-1">• Benton-Franklin County Regional Law Library, Columbia Basin College, L Building, 2600 North 10th Avenue, Pasco, Washington</FP>
        <FP SOURCE="FP-1">• Big Bend Community College Library, Building 1800, 7611 Bolling Street NE., Moses Lake, Washington</FP>
        <FP SOURCE="FP-1">• Columbia Basin College Library, 2600 North 20th Avenue, Pasco, Washington</FP>
        <FP SOURCE="FP-1">• Connell Branch, Mid-Columbia Library, 118 North Columbia Avenue, Connell, Washington</FP>
        <FP SOURCE="FP-1">• Coulee City Public Library, 405 West Main Street, Coulee City, Washington</FP>
        <FP SOURCE="FP-1">• Ephrata City Library, 45 Alder Street Northwest, Ephrata, Washington</FP>
        <FP SOURCE="FP-1">• Grant County Law Library, 35 C Street NW., Ephrata, Washington</FP>
        <FP SOURCE="FP-1">• Kahlotus Branch, Mid-Columbia Library, East 225 Weston, Kahlotus, Washington</FP>
        <FP SOURCE="FP-1">• Moses Lake Community Library, 418 East 5th Avenue, Moses Lake, Washington</FP>
        <FP SOURCE="FP-1">• Odessa Public Library, 21 East 1st Avenue, Odessa, Washington</FP>
        <FP SOURCE="FP-1">• Othello Branch, Mid-Columbia Library, 101 East Main, Othello, Washington</FP>
        <FP SOURCE="FP-1">• Pasco Branch, Mid-Colombia Library, 1320 West Hopkins, Pasco, Washington</FP>
        <FP SOURCE="FP-1">• Quincy Public Library, 108 B Street Southwest, Quincy, Washington</FP>
        <FP SOURCE="FP-1">• Ritzville Public Library, 302 West Main, Ritzville, Washington</FP>
        <FP SOURCE="FP-1">• North Central Regional Library, Royal City Library, 136 Camelia Street, Royal City, Washington</FP>
        <FP SOURCE="FP-1">• Seattle Public Library, Central Library, 1000 Fourth Avenue, Seattle, Washington</FP>
        <FP SOURCE="FP-1">• Sprague Public Library, 119 West Second Street, Sprague, Washington</FP>
        <FP SOURCE="FP-1">• North Central Regional Library, Warden Library, 305 South Main Street, Warden Washington</FP>
        <FP SOURCE="FP-1">• Washington State Library, 6880 Capitol Boulevard South, Olympia, Washington</FP>
        <HD SOURCE="HD1">Public Disclosure Statement</HD>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Lorri J. Lee,</NAME>
          <TITLE>Regional Director, Pacific Northwest Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21572 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-MN-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[Investigation No. 332-534]</DEPDOC>
        <SUBJECT>Renewable Energy and Related Services: Recent Developments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States International Trade Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Institution of investigation and scheduling of public hearing.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Following receipt of a request on July 30, 2012 from the U.S. Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (Commission) instituted investigation No. 332-534,<E T="03">Renewable Energy and Related Services: Recent Developments.</E>
          </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P/>
          <P>November 15, 2012: Deadline for filing requests to appear at the public hearing.</P>
          <P>November 19, 2012: Deadline for filing pre-hearing briefs and statements.</P>
          <P>November 29, 2012: Public hearing.</P>
          <P>December 17, 2012: Deadline for filing post-hearing briefs and statements.</P>
          <P>March 1, 2013: Deadline for filing all other written submissions.</P>
          <P>June 28, 2013: Transmittal of Commission report to USTR.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at<E T="03">https://edis.usitc.gov/edis3-internal/app.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Project Leader Lisa Alejandro (202-205-3486 or<E T="03">Lisa.Alejandro@usitc.gov</E>) or Deputy Project Leader Samantha Brady Pham (202-205-3459 or<E T="03">Samantha.Pham@usitc.gov</E>) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or<E T="03">william.gearhart@usitc.gov</E>). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or<E T="03">margaret.olaughlin@usitc.gov</E>). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server (<E T="03">http://www.usitc.gov</E>). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000.</P>

          <P>Background: In his letter the USTR requested that the Commission prepare two reports, one on environmental and related services, and a second on renewable energy and related services, and deliver the reports in 8 and 11 months, respectively, after receipt of the letter. This notice announces the institution of an investigation and schedule, including the date for a public hearing, relating to the preparation of the second report, on renewable energy and related services; the Commission published notice of the institution of the first investigation, No. 332-533,<E T="03">Environmental and Related Services,</E>in the<E T="04">Federal Register</E>of August 21, 2012.</P>
          <P>As requested by the USTR, the Commission will provide a report on renewable energy and related services that, to the extent practicable:</P>
          <P>• Defines types of renewable energy and related services, identifies leading suppliers, and generally describes the relationship of renewable energy services to the development of renewable energy projects worldwide;</P>
          <P>• Estimates the size of the U.S. and global markets for certain renewable energy services, identifies key export and import markets for such services, and describes factors affecting supply and demand;</P>
          <P>• Examines U.S. and global renewable energy services trade during 2007-11, and highlights recent trends in investment in renewable energy projects and firms, including new business strategies or practices;</P>
          <P>• Identifies barriers to U.S. trade and investment in renewable energy services, and examines recent efforts to liberalize trade in leading markets for such services; and</P>

          <P>• Examines the role of clean energy incentive programs in encouraging investment in and creating markets for renewable energy goods and services.<PRTPAGE P="53234"/>
          </P>
          <P>As requested by the USTR, the report will focus on services incidental to the development, generation, and distribution of renewable energy, with particular emphasis on wind energy (onshore and offshore) and solar energy, and other technologies that the Commission's research shows to be of significance. The USTR defined such services to include scientific and technical consulting, services incidental to energy distribution, professional services, construction and engineering services, management consulting and related services, and maintenance and repair of equipment, among others.</P>
          <P>As requested, the Commission expects to deliver this second report to the USTR no later than June 28, 2013.</P>
          <P>
            <E T="03">Public Hearing:</E>A public hearing in connection with this investigation will be held at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on November 29, 2012. Requests to appear at the public hearing should be filed with the Secretary no later than 5:15 p.m., November 19, 2012. All pre-hearing briefs and statements should be filed no later than 5:15 p.m. November 6, 2012 and all post-hearing briefs and statements should be filed no later than 5:15 p.m., December 17, 2012. All pre- and post-hearing briefs and statements must be filed in accordance with the requirements in the “Written Submissions” section below. In the event that no witnesses are scheduled to appear at the hearing as of the close of business on November 15, 2012, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant should contact the Office of the Secretary at 202-205-2000 after November 1, 2012, for information concerning whether the hearing will be held.</P>
          <P>
            <E T="03">Written Submissions:</E>In lieu of or in addition to participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions (other than those related to the hearing) should be addressed to the Secretary, and should be received no later than 5:15 p.m., March 1, 2013. All written submissions must conform with the provisions of section 201.8 of the<E T="03">Commission's Rules of Practice and Procedure</E>(19 CFR 201.8). Section 201.8 and the Commission's Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Secretary (202-205-2000).</P>

          <P>Any submissions that contain confidential business information (CBI) must also conform with the requirements in section 201.6 of the<E T="03">Commission's Rules of Practice and Procedure</E>(19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “non-confidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties.</P>
          <P>In the request letter, the USTR stated that his office intends to make the Commission's report available to the public in its entirety, and asked that the Commission not include any confidential business information or national security classified information in the report. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in a manner that would reveal the operations of the firm supplying the information.</P>
          <SIG>
            <P>By order of the Commission.</P>
            
            <DATED>Issued: August 27, 2012.</DATED>
            <NAME>Lisa R. Barton,</NAME>
            <TITLE>Acting Secretary to the Commission.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21492 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7020-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[Investigation No. 337-TA-817]</DEPDOC>
        <SUBJECT>Certain Communication Equipment, Components Thereof, and Products Containing the Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and Other Devices Used in LANs, and Cameras; Commission Determination Not to Review Initial Determinations Terminating Respondent Avaya Inc. Based on Settlement and Terminating the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. International Trade Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations (“IDs”) (Order Nos. 23-24) of the presiding administrative law judge (“ALJ”) granting a joint motion by Complainant and Respondent Avaya Inc. (“Avaya”) to terminate the investigation for Respondent Avaya based on settlement and a motion by Complainant to terminate the investigation in its entirety based on withdrawal of the complaint.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Amanda S. Pitcher, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at<E T="03">http://www.usitc.gov.</E>The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at<E T="03">http://edis.usitc.gov.</E>Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Commission instituted this investigation on December 7, 2011, based on a complaint filed by ChriMar Systems, Inc. d/b/a DMS Technologies (“ChriMar”) of Farmington Hills, Michigan. 76 FR 76436-37 (Dec. 7, 2011). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent No. 7,457,250 by certain communication equipment, components thereof, and products containing the same, including power over ethernet telephones, switches, wireless access points, routers and other devices used in LANs, and cameras. The Notice of Investigation named a number of respondents, including Avaya of Basking Ridge, New Jersey; Cisco Consumer Products LLC of Irvine, California, Cisco Systems International B.V. of the Netherlands, Cisco-Linksys LLC of Irvine, California (collectively, “Cisco”); Hewlett-Packard Co. (“HP”) of Palo Alto, California; and Extreme Networks, Inc. (“Extreme”) of Santa Clara, California.<PRTPAGE P="53235"/>
        </P>
        <P>On July 18, 2012, ChriMar and Avaya filed a joint motion to terminate respondent Avaya from the investigation based on settlement. The Commission investigative attorney filed a response in support of the motion and the remaining respondents did not oppose the motion. On August 1, 2012, the ALJ issued Order No. 23 granting the motion. ChriMar and Avaya represented that there are no other agreements, written or oral, express or implied, between them. The ALJ found that there is no evidence that the settlement agreement would have an adverse impact on the public interest. No petitions for review of Order No. 23 were filed.</P>
        <P>On July 20, 2012, ChriMar filed a motion for termination of the investigation in its entirety based on withdrawal of the complaint against respondents Cisco, Extreme and HP. Cisco, Extreme, HP and the Commission investigative attorney filed responses in support of the motion. On August 1, 2012, the ALJ granted ChriMar's motion. Order No. 24. The ALJ found that there is good cause for termination based on withdrawal of the complaint. In addition, the ALJ stated that he is not aware of “extraordinary circumstances” that would preclude granting the motion to terminate. No petitions for review of Order No. 24 were filed.</P>
        <P>The Commission has determined not to review the IDs.</P>
        <P>The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42-44 of the Commission's Rules of Practice and Procedure (19 CFR 210.42-44).</P>
        <SIG>
          <P>By order of the Commission.</P>
          
          <DATED>Issued: August 27, 2012.</DATED>
          <NAME>Lisa R. Barton,</NAME>
          <TITLE>Acting Secretary to the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21491 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7020-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBJECT>Notice of Lodging of Consent Decree Under the Clean Air Act</SUBJECT>

        <P>Notice is hereby given that on August 24, 2012, a proposed consent decree in<E T="03">United States of America and Mecklenburg County</E>v.<E T="03">Emerald Carolina Chemical, LLC,</E>Civil Action No. 3:12-cv-00554, was lodged with the United States District Court for the Western District of North Carolina.</P>
        <P>In this action the United States and Mecklenburg County sought civil penalties and injunctive relief for alleged violations of Clean Air Act regulations at Emerald Carolina Chemical's chemical processing plant at 8309 Wilkinson Boulevard, Charlotte, Mecklenburg County, North Carolina. In particular, the complaint alleged violations of leak detection and repair requirements applicable to certain equipment at the plant. The proposed consent decree requires Emerald Carolina Chemical to pay a civil penalty of $62,500 to the United States and $62,500 to Mecklenburg County. Further, Emerald Carolina Chemical will implement additional inspection and monitoring procedures and analyze potential hazards associated with its amino resins and glyoxal production units.</P>

        <P>The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to<E T="03">pubcomment-ees.enrd@usdoj.gov</E>or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to<E T="03">United States of America and Mecklenburg County</E>v.<E T="03">Emerald Carolina Chemical, LLC,</E>D.J. Ref. 90-5-2-1-09526.</P>

        <P>During the public comment period, the proposed consent decree may also be examined on the following Department of Justice Web site,<E T="03">http://www.usdoj.gov/enrd/Consent_Decrees.html.</E>A copy of the decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or emailing a request to “Consent Decree Copy” (<E T="03">EESCDCopy.ENRD@usdoj.gov</E>), fax no. (202) 514-0097, phone confirmation number (202) 514-5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $11 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent Decree Library at the address given above.</P>
        <SIG>
          <NAME>Henry Friedman,</NAME>
          <TITLE>Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21558 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-15-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">LEGAL SERVICES CORPORATION</AGENCY>
        <SUBJECT>Sunshine Act Meeting Notice</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">DATE AND TIME:</HD>
          <P>The Institutional Advancement Committee of the Legal Services Corporation's Board of Directors will meet telephonically on September 4, 2012. The meeting will commence at 11:00 a.m., Eastern Daylight Time, and will continue until the conclusion of the Committee's agenda.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">LOCATION:</HD>
          <P>F. William McCalpin Conference Room, Legal Services Corporation Headquarters, 3333 K Street NW., Washington, DC 20007.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PUBLIC OBSERVATION:</HD>
          <P>Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the telephone call-in directions provided below but are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold. From time to time, the presiding Chair may solicit comments from the public.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CALL-IN DIRECTIONS FOR OPEN SESSIONS:</HD>
          <P>• Call toll-free number: 1-866-451-4981;</P>
          <P>• When prompted, enter the following numeric pass code: 5907707348.</P>
          <P>• When connected to the call, please immediately “MUTE” your telephone.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS OF MEETING:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P/>
          
        </PREAMHD>
        <FP SOURCE="FP-2">1. Approval of agenda</FP>
        <FP SOURCE="FP-2">2. Approval of minutes of the Committee's meeting of July 27, 2012</FP>
        <FP SOURCE="FP-2">3. Consider and act on the Development Plan</FP>
        <FP SOURCE="FP-2">4. Public comment</FP>
        <FP SOURCE="FP-2">5. Consider and act on other business</FP>
        <FP SOURCE="FP-2">6. Consider and act on motion to adjourn the meeting</FP>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR INFORMATION:</HD>

          <P>Katherine Ward, Executive Assistant to the Vice President &amp; General Counsel, at (202) 295-1500. Questions may be sent by electronic mail to<E T="03">FR_NOTICE_QUESTIONS@lsc.gov.</E>
          </P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">NON-CONFIDENTIAL MEETING MATERIALS:</HD>

          <P>Non-confidential meeting materials will be made available in electronic format at least 24 hours in advance of the meeting on the LSC Web site, at<E T="03">http://www.lsc.gov/board-directors/meetings/board-meeting-notices/non-confidential-materials-be-considered-open-session.</E>
          </P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">ACCESSIBILITY:</HD>

          <P>LSC complies with the Americans With Disabilities Act and Section 504 of the 1973 Rehabilitation Act. Upon request, meeting notices and<PRTPAGE P="53236"/>materials will be made available in alternative formats to accommodate individuals with disabilities. Individuals who need other accommodations due to disability in order to attend the meeting in person or telephonically should contact Katherine Ward, at (202) 295-1500 or<E T="03">FR_NOTICE_QUESTIONS@lsc.gov,</E>at least 2 business days in advance of the meeting. If a request is made without advance notice, LSC will make every effort to accommodate the request but cannot guarantee that all requests can be fulfilled.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Victor M. Fortuno,</NAME>
          <TITLE>Vice President &amp; General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21611 Filed 8-29-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 7050-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
        <SUBJECT>Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Science Foundation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Permit Applications Received under the Antarctic Conservation Act of 1978, Public Law 95-541.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Interested parties are invited to submit written data, comments, or views with respect to this permit application by October 1, 2012. This application may be inspected by interested parties at the Permit Office, address below.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Polly A. Penhale at the above address or (703) 292-7420.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas.</P>
        <P>The applications received are as follows:</P>
        <HD SOURCE="HD1">Permit Application: 2013-019</HD>
        <FP SOURCE="FP-2">1.<E T="03">Applicant:</E>Lockheed Martin IS&amp;GS, Antarctic Support Contract, 7400 S. Tucson Way, Centennial, CO 80112-3938.</FP>
        <HD SOURCE="HD1">Activity for Which Permit Is Requested</HD>
        <P>Enter Antarctic Specially Protected Areas. The applicant plans to enter ASPA 105-Beaufort Island, ASPA 121-Cape Royds, ASPA 122-Arrival Heights, ASPA 124-Cape Crozier, ASPA 130-Transway Ridge, ASPA 131-Canada Glacier, ASPA 137-Northwest White Island, ASPA 138-Linnaeus Terrace, and, ASPA 154-Botany Bay to conduct a review of their management plans. The Antarctic Support Contract (ASC) Environmental Health and Safety (EHS) Department would enter the ASPA's to collect information on site status in anticipation of the 5 year ASPA review, general management and maintenance concerns such as ensuring that all signs and boundary markers are legible and secured, or to address any environmental concerns or potential environmental release with the ASPA. Information would be gathered on any installations or facilities that may be present, verify that the reasons for special protection remain valid, verify that the management measures in place are sufficient to provide protection, and, recommend any management measures that may be necessary to maintain the values being protected. The plan revisions will take into account recent developments within the Antarctic Treaty System to ensure consistency with recently adopted plans, policies and guidelines amongst the Treaty Nations.</P>
        <HD SOURCE="HD1">Location</HD>
        <P>ASPA 105-Beaufort Island, ASPA 121-Cape Royds, ASPA 122-Arrival Heights, ASPA 124-Cape Crozier, ASPA 130-Transway Ridge, ASPA 131-Canada Glacier, ASPA 137-Northwest White Island, ASPA 138-Linnaeus Terrace, and, ASPA 154-Botany Bay.</P>
        <HD SOURCE="HD1">Dates</HD>
        <P>August 15, 2012 to August 31, 2017.</P>
        <SIG>
          <NAME>Nadene G. Kennedy,</NAME>
          <TITLE>Permit Officer, Office of Polar Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21604 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NEIGHBORHOOD REINVESTMENT CORPORATION</AGENCY>
        <SUBJECT>Sunshine Act Meeting Notice</SUBJECT>
        <HD SOURCE="HD1">Corporate Administration Committee Meeting of The Board of Directors</HD>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>1 p.m., Thursday, September 13, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>1325 G Street NW., Suite 800, Boardroom, Washington, DC 20005.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>

          <P>Erica Hall, Assistant Corporate Secretary; (202) 220-2376;<E T="03">ehall@nw.org.</E>
          </P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">AGENDA:</HD>
          <P/>
          
        </PREAMHD>
        <FP SOURCE="FP-2">I. Call to Order</FP>
        <FP SOURCE="FP-2">II. Nominations</FP>
        <FP SOURCE="FP-2">III. Employee Performance Management System</FP>
        <FP SOURCE="FP-2">IV. Policy Changes</FP>
        <FP SOURCE="FP-2">V. Human Resources Update</FP>
        <FP SOURCE="FP-2">VI. Washington, DC Lease Update</FP>
        <FP SOURCE="FP-2">VII. Adjournment</FP>
        <SIG>
          <NAME>Erica Hall,</NAME>
          <TITLE>Assistant Corporate Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21737 Filed 8-29-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 7570-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[NRC-2010-0143]</DEPDOC>
        <SUBJECT>Proposed International Isotopes Fluorine Extraction Process and Depleted Uranium Deconversion Plant in Lea County, New Mexico</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final environmental impact statement; issuance.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC or the Commission) has published the Final Environmental Impact Statement (EIS) for the proposed International Isotopes Fluorine Extraction Process and Depleted Uranium Deconversion Plant (INIS) in Lea County, New Mexico. On December 30, 2009, International Isotopes Fluorine Products, Inc. (IIFP), a wholly-owned subsidiary of International Isotopes, Inc., submitted a license application that proposes the construction, operation, and decommissioning of a fluorine extraction and depleted uranium deconversion facility (the “proposed action”). IIFP proposes to locate the facility near Hobbs, New Mexico.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Please refer to Docket ID NRC-2010-0143 when contacting the<PRTPAGE P="53237"/>NRC about the availability of information regarding this document. You may access information related to this document using any of the following methods:</P>
          <P>•<E T="03">Federal Rulemaking Web site:</E>Go to<E T="03">http://www.regulations.gov</E>and search for Docket ID NRC-2010-0143. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; email:<E T="03">Carol.Gallagher@nrc.gov.</E>
          </P>
          <P>•<E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>You may access publicly-available documents online in the NRC Library at<E T="03">http://www.nrc.gov/reading-rm/adams.html.</E>To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to<E T="03">pdr.resource@nrc.gov.</E>Additional information regarding accessing materials related to this action is under the Document Availability heading in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
          <P>•<E T="03">NRC's PDR:</E>You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For information about the Final EIS or the environmental review process, please contact Asimios Malliakos, telephone: 301-415-6458; email:<E T="03">Asimios.Malliakos@nrc.gov;</E>Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For general or technical information associated with the licensing process as it relates to the INIS application, please contact Matthew Bartlett, telephone: 301-492-3119; email:<E T="03">Matthew.Bartlett@nrc.gov;</E>Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion</HD>
        <P>IIFP submitted a license application and Environmental Report (ER) in support of its proposed facility on December 30, 2009. The proposed site is located in Lea County, New Mexico, approximately 22.55 kilometers (km) (14 miles [mi]) west of the city of Hobbs.</P>

        <P>The Final EIS is being issued as part of the NRC's process to decide whether to issue a license to IIFP, pursuant to Part 40 of Title 10 of the Code of Federal Regulations (10 CFR), to construct and operate the proposed depleted uranium deconversion facility. Specifically, IIFP proposes to deconvert depleted uranium hexafluoride (DUF<E T="52">6</E>) into oxide compounds for long-term disposal. In the Final EIS, the NRC staff assessed the potential environmental impacts from construction, operation, and decommissioning of the proposed INIS project.</P>
        <P>The Final EIS was prepared in compliance with the<E T="03">National Environmental Policy Act of 1969,</E>as amended (NEPA), and the NRC's regulations for implementing NEPA in 10 CFR Part 51. The NRC staff assessed the impacts of the proposed action on land use, historic and cultural resources, visual resources, climatology, meteorology, and air quality, geology, minerals, and soil, water resources, ecological resources, socioeconomics and environmental justice, traffic and transportation, noise, public and occupational health, and waste management. Additionally, the NRC staff analyzed and compared the benefits and costs of the proposed action. In preparing this Final EIS, the NRC staff also reviewed, considered, evaluated, and addressed the public comments received on the Draft EIS.</P>

        <P>In addition to the proposed action, the NRC staff considered a reasonable range of alternatives, including the no-action alternative. Under the no-action alternative, the NRC would deny IIFP's request to construct and operate a depleted uranium deconversion facility in Hobbs, New Mexico. The no-action alternative serves as a baseline for comparison of the potential environmental impacts of the proposed action. Other alternatives the NRC staff considered but eliminated from further analysis include: (1) Alternative sites; (2) alternative technologies; (3) shipment of the U.S. generated DUF<E T="52">6</E>to overseas facilities; (4) indefinite storage at the enrichment facilities; and (5) construction and operation of deconversion facilities at the four U.S.-based uranium enrichment companies. These alternatives were eliminated from further analysis due to economic, environmental, or other reasons.</P>
        <P>After weighing the impacts of the proposed action and comparing alternatives, the NRC staff, in accordance with 10 CFR 51.91(d), sets forth its recommendation regarding the proposed action. The NRC staff recommends that, unless safety issues mandate otherwise, the proposed license be issued to IIFP. In this regard, the NRC staff has concluded that the environmental impacts of the proposed action are generally small, and taken in combination with the proposed IIFP environmental monitoring program and proposed mitigation measures discussed in the Final EIS would eliminate or substantially lessen any adverse environmental impacts associated with the proposed action.</P>
        <HD SOURCE="HD1">Document Availability</HD>

        <P>Documents related to this notice are available on the NRC's Licensing Web Site at:<E T="03">http://www.nrc.gov/materials/fuel-cycle-fac/inisfacility.html.</E>The Final EIS for the proposed INIS project may also be accessed at:<E T="03">http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/</E>by selecting “NUREG-2113.”</P>
        <P>The IIFP's license application, Environmental Report, and the NRC's Final EIS are available in ADAMS under Accession Numbers ML100630503, ML100120758, and ML12220A380.</P>
        <P>A copy of the Final EIS will be available at the Hobbs Public Library, 509 North Shipp, Hobbs, New Mexico 88240.</P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 22nd day of August, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Gregory Suber,</NAME>
          <TITLE>Acting Deputy Director, Environmental Protection and   Performance Assessment Directorate,  Division of Waste Management  and Environmental Protection,  Office of Federal and State Materials  and Environmental Management Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21486 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">OFFICE OF PERSONNEL MANAGEMENT</AGENCY>
        <SUBJECT>Submission for Review; Information Collection:Freedom of Information/Privacy Act Record Request Form (INV 100)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Office of Personnel Management.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>60-Day Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Federal Investigative Services (FIS), U.S. Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on an information collection request (ICR), Office of Management and Budget (OMB) Control No. 3206-NEW, Freedom of Information/Privacy Act Record Request Form (INV 100). As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), OPM is soliciting comments for this collection. The Office of Management and Budget<PRTPAGE P="53238"/>is particularly interested in comments that:</P>
          <P>1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
          <P>2. 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>3. Enhance the quality, utility, and clarity of the information to be collected; and</P>
          <P>4. 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>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments are encouraged and will be accepted until October 30, 2012. This process is conducted in accordance with 5 CFR 1320.1.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit written comments on the proposed information collection to the Federal Investigative Services, U.S. Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, Attention: Laura Eury or sent via electronic mail to<E T="03">FISFormsComments@opm.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Federal Investigative Services, U.S. Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, Attention: Laura Eury or sent via electronic mail to<E T="03">FISFormsComments@opm.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>OPM's Federal Investigative Services (FIS), Freedom of Information and Privacy Act (FOI/PA) office proposes use of this optional form (INV 100) to standardize collection of data elements specific to FOIA and Privacy Act record requests submitted to FIS. Current FOIA and Privacy Act record requests are submitted to FIS-FOI/PA in a format chosen by the requester, yet consistent with the published regulations at 5 CFR 294 and 297, respectively. Often the requests are missing data elements which require contact with the requester via mail, thereby adding time to the access process. Standardization of the access process will increase the volume of perfected requests received and strike an appropriate balance between the burden to the public in submitting a request and FIS-FOI/PA being able to verify the identity of the requester, thereby ensuring Privacy Act Protected records are not inappropriately released to third parties. It is estimated that 16,626 individuals will respond annually. The INV 100 takes approximately 5 minutes to complete. The estimated annual burden is 1,386 hours.</P>
        <SIG>
          <FP>U.S. Office of Personnel Management.</FP>
          <NAME>John Berry,</NAME>
          <TITLE>Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21581 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6325-53-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Notice of Sunshine Act Meetings</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>Wednesday, September 12, 2012, at 11 a.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Commission Hearing Room, 901 New York Avenue NW., Suite 200, Washington, DC 20268-0001.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>

          <P>Part of this meeting will be open to the public. The rest of the meeting will be closed to the public. The open session will be audiocast. The audiocast may be accessed via the Commission's Web site at<E T="03">http://www.prc.gov.</E>A period for public comment will be offered following consideration of the last numbered item in the open session.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P>The agenda for the Commission's September 12, 2012 meeting includes the items identified below.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PORTIONS OPEN TO THE PUBLIC:</HD>
          <P SOURCE="NPAR">1. Report on legislative activities.</P>
          <P>2. Report on communications with the public.</P>
          <P>3. Report on status of Commission dockets.</P>
          <P>4. Report from the Office of Accountability and Compliance.</P>
          <P>5. Report on international activities.</P>
          <P>6. Report from the Office of the Secretary and Administration.</P>
          <P>Chairman's public comment period.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PORTION CLOSED TO THE PUBLIC:</HD>
          <P SOURCE="NPAR">7. Discussion of pending litigation.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>

          <P>Stephen L. Sharfman, General Counsel, Postal Regulatory Commission, 901 New York Avenue NW., Suite 200, Washington, DC 20268-0001, at 202-789-6820 (for agenda-related inquiries) and Shoshana M. Grove, Secretary of the Commission, at 202-789-6800 or<E T="03">shoshana.grove@prc.gov</E>(for inquiries related to meeting location, access for handicapped or disabled persons, the audiocast, or similar matters).</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          
          <P>By the Commission.</P>
          <NAME>Shoshana M. Grove,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21667 Filed 8-29-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Proposed Collection; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213.</FP>
        
        <EXTRACT>
          <FP SOURCE="FP-2">
            <E T="03">Extension:</E>
          </FP>
          <FP SOURCE="FP1-2">Form T-6; OMB Control No. 3235-0391; SEC File No. 270-344.</FP>
        </EXTRACT>
        

        <P>Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management Budget for extension and approval.</P>

        <P>Form T-6 (17 CFR 269.9) is an application for eligibility and qualification for a foreign person or corporation under the Trust Indenture Act of 1939 (15 U.S.C. 77aaa<E T="03">et seq.</E>). Form T-6 provides the basis for determining whether a foreign person or corporation is eligible to serve as a trustee for qualified indenture. Form T-6 takes approximately 17 burden hours per response and is filed by approximately 15 respondents annually. We estimate that 25% of the 17 hours (4.25 hours) is prepared by the filer for an annual reporting burden of 64 hours (4.25 hours per response × 15 responses).</P>

        <P>Written comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication.<PRTPAGE P="53239"/>
        </P>

        <P>Please direct your written comments to Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312, or send an email to:<E T="03">PRA_Mailbox@sec.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: August 27, 2012.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21487 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67732; File No. SR-NYSEArca-2012-90]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the First Trust CBOE S&amp;P 500 VIX Tail Hedge Fund (Formerly, the First Trust CBOE VIX Tail Hedge Index Fund)</SUBJECT>
        <DATE>August 27, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that, on August 13, 2012, NYSE Arca, Inc. (“Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.</P>
        <FTNT>
          <P>
            <SU>1</SU>15 U.S.C. 78s(b)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>17 CFR 240.19b-4.</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>

        <P>The Exchange proposes to correct the reference to the Index Provider applicable to the First Trust CBOE S&amp;P 500 VIX Tail Hedge Fund (formerly, the First Trust CBOE VIX Tail Hedge Index Fund) (“Fund”), and to reflect changes to the name of the index underlying the Fund and to the name of the Fund, which the Commission has approved for listing and trading on the Exchange under NYSE Arca Equities Rule 5.2(j)(3). The text of the proposed rule change is available on the Exchange's Web site at<E T="03">www.nyse.com,</E>at the principal office of the Exchange, and at the Commission's Public Reference Room.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Commission has approved listing and trading on the Exchange of shares (“Shares”) of the Fund<SU>3</SU>
          <FTREF/>under NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing standards for Investment Company Units (“Units”).<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 67485 (July 23, 2012), 77 FR 44291 (July 27, 2012) (SR-NYSEArca-2012-50) (“Prior Order”).<E T="03">See also</E>Securities Exchange Act Release No. 67107 (June 4, 2012), 77 FR 34102 (June 8, 2012) (SR-NYSEArca-2012-50) (“Prior Notice,” and together with the Prior Order, the “Prior Release”).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>4</SU>An Investment Company Unit is a security that represents an interest in a registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities (or holds securities in another registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities).<E T="03">See</E>NYSE Arca Equities Rule 5.2(j)(3)(A).</P>
        </FTNT>
        <P>The Shares will be offered by First Trust Exchange-Traded Fund (“Trust”), which is organized as a Massachusetts business trust and is registered with the Commission as an open-end management investment company.<SU>5</SU>
          <FTREF/>The investment adviser to the Fund will be First Trust Advisors L.P. (“Adviser” or “First Trust”). First Trust Portfolios L.P. (“Distributor”) is the principal underwriter and distributor of the Fund's Shares. The Bank of New York Mellon Corporation (“BNY”) will serve as administrator, custodian, and transfer agent for the Fund.</P>
        <FTNT>
          <P>

            <SU>5</SU>The Trust is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1) (“1940 Act”). On July 18, 2012, the Trust filed with the Commission an amendment to its registration statement on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and under the 1940 Act relating to the Fund (File Nos. 333-125751 and 811-21774) (“Registration Statement”). The description of the operation of the Trust and the Fund herein is based, in part, on the Registration Statement. In addition, the Commission has issued an order granting certain exemptive relief to the Trust under the 1940 Act.<E T="03">See</E>Investment Company Act Release No. 27068 (September 20, 2005) (File No. 812-13000) (“Exemptive Order”).</P>
        </FTNT>
        <P>According to the Prior Release, the Fund will seek investment results that correspond generally to the price and yield, before the Fund's fees and expenses, of an equity index called the CBOE S&amp;P VIX Tail Hedge Index (“Index”). The Index is designed to provide a benchmark for investors interested in hedging tail risk in an S&amp;P 500 portfolio.</P>
        <P>In the Prior Notice, the Exchange represented that the Index is rules-based and is owned and was developed by Standard &amp; Poor's Financial Services LLC (“S&amp;P”) and that S&amp;P is the Index Provider.<SU>6</SU>
          <FTREF/>The Exchange further represented that the Index Provider will calculate and maintain the Index.</P>
        <FTNT>
          <P>
            <SU>6</SU>S&amp;P is not a broker-dealer or affiliated with a broker-dealer, and has implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Index.</P>
        </FTNT>
        <P>The Exchange seeks to correct a representation made regarding the Index Provider reflected in the Prior Release, as described below. The Exchange is revising this representation to state that, pursuant to an arrangement with the Chicago Board Options Exchange, Inc. (“CBOE”), S&amp;P has certain rights to license the Index to third parties. S&amp;P has licensed the Index to First Trust for use by First Trust and the Fund. CBOE compiles, maintains, and owns the Index, and CBOE is the Index Provider with respect to the Fund. CBOE is not a broker-dealer or affiliated with a broker-dealer, and has implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Index.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>7</SU>The change to the representation regarding the Index Provider described herein will be effective upon filing with the Commission of another amendment to the Trust's Registration Statement.<E T="03">See</E>note 5,<E T="03">supra.</E>
          </P>
        </FTNT>
        <P>In the Prior Release, the Exchange represented that the name of the Index underlying the Fund is the CBOE S&amp;P VIX Tail Hedge Index. The Exchange is changing this representation to state that the name of the Index underlying the Fund is the CBOE VIX Tail Hedge Index.<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>8</SU>The change to the name of the Index underlying the Fund was reflected in the July 18, 2012 amendment to the Registration Statement.<E T="03">See</E>note 5,<E T="03">supra.</E>
          </P>
        </FTNT>

        <P>In addition, in the Prior Release, the Exchange represented that the name of the Fund is the First Trust CBOE VIX Tail Hedge Index Fund. The Exchange is changing this representation to state that the name of the Fund has been<PRTPAGE P="53240"/>changed to First Trust CBOE S&amp;P 500 VIX Tail Hedge Fund.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>9</SU>The change to the name of the Fund was reflected in the July 18, 2012 amendment to the Registration Statement.<E T="03">See</E>note 5,<E T="03">supra.</E>
          </P>
        </FTNT>
        <P>The Adviser represents that there is no change to the Fund's investment objective. The Fund will comply with all requirements under NYSE Arca Equities Rule 5.2(j)(3).<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>10</SU>As noted in the Prior Release, the Index for the Fund does not meet all of the “generic” listing requirements of Commentary .01(a)(A) to NYSE Arca Equities Rule 5.2(j)(3) applicable to the listing of Investment Company Units based upon an index of US Component Stocks, as defined in NYSE Arca Equities Rule 5.2(j)(3). Specifically, Commentary .01(a)(A) to NYSE Arca Equities Rule 5.2(j)(3) sets forth the requirements to be met by components of an index or portfolio of US Component Stocks. As described in the Prior Release, the Index consists of an S&amp;P 500 Index stock portfolio and may consist of a position in specified VIX Index (“VIX”) call options. The Index meets all requirements of NYSE Arca Equities Rule 5.2(j)(3) and Commentary .01(a)(A) thereto except that the Index may include up to 1% of the Index weight in VIX call options, which are not NMS Stocks as defined in Rule 600 of Regulation NMS.<E T="03">See</E>notes 3 and 5,<E T="03">supra,</E>and accompanying text.</P>
        </FTNT>
        <P>Except for the changes noted above, all other facts presented and representations made in the Prior Release remain unchanged.</P>
        <P>All terms referenced but not defined herein are defined in the Prior Release.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5)<SU>11</SU>
          <FTREF/>that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest.</P>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <P>The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that the proposed rule change corrects the representation made in the Prior Release to state that CBOE, and not S&amp;P, compiles, maintains, and owns the Index, and that CBOE is the Index Provider with respect to the Fund. Both S&amp;P and CBOE are not broker-dealers and are not affiliated with a broker-dealer and have implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Index. The Fund will comply with all requirements under NYSE Arca Equities Rule 5.2(j)(3), and Commentary .01(a)(A) thereto, except that the Index may include up to 1% of the Index weight in VIX call options, which are not NMS Stocks as defined in Rule 600 of Regulation NMS.</P>
        <P>The proposed rule change is designed to promote just and equitable principles of trade and to protect investors and the public interest in that the Adviser represents that there is no change to the Fund's investment objective. Both S&amp;P and CBOE are unaffiliated with a broker-dealer and have implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Index. The functions of the Index Provider are those described in the Prior Release, and this proposed rule change corrects representations made in the Prior Release by stating that CBOE, and not S&amp;P, is the Index Provider and compiles, maintains, and owns the Index. In addition, the Exchange seeks to reflect changes to the name of the Index underlying the Fund and to the name of the Fund, as described above.</P>
        <P>The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest in that, except for the changes noted above, all other representations made in the Prior Release remain unchanged. The Adviser represents that there is no change to the Fund's investment objective. In addition, with the exception noted above,<SU>12</SU>
          <FTREF/>the Fund will comply with all requirements under NYSE Arca Equities Rule 5.2(j)(3).</P>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">See</E>note 10,<E T="03">supra.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>No written comments were solicited or received with respect to the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act<SU>13</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>14</SU>
          <FTREF/>The Commission notes that the proposed rule change does not significantly affect the protection of investors or the public interest and does not impose any significant burden on competition. NYSE Arca represents that there is no change to the Fund's investment objective and seeks to correct a representation made regarding the Index Provider reflected in the Prior Release to state that, pursuant to an arrangement with the CBOE, S&amp;P has certain rights to license the Index to third parties. S&amp;P has licensed the Index to First Trust for use by First Trust and the Fund. CBOE is the Index Provider and compiles, maintains, and owns the Index. CBOE is not a broker-dealer or affiliated with a broker-dealer and has implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Index. In addition, the Exchange seeks to reflect changes to the name of the Index underlying the Fund and the name of the Fund, as described above.</P>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>17 CFR 240.19b-4(f)(6). As required under Rule 19b-4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission.</P>
        </FTNT>
        <P>A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act<SU>15</SU>

          <FTREF/>normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay, noting that the Commission has previously approved listing and trading of the Fund on the Exchange, the Shares have not yet commenced trading, the proposed changes in this filing will not impact the operation of the Fund or the Index as described in the Prior Release, and the Adviser is prepared to commence Exchange listing and trading prior to the end of the 30-day operative-delay period. The Exchange proposes to correct the representation made in the Prior Release to state that CBOE, and not S&amp;P, compiles, maintains, and owns the Index, and that CBOE is the Index Provider. Both S&amp;P and CBOE are not broker-dealers and are not affiliated with a broker-dealer and have implemented procedures designed to prevent the use and dissemination of<PRTPAGE P="53241"/>material, non-public information regarding the Index. In addition, the Exchange is reflecting changes to the name of the Index underlying the Fund and to the name of the Fund, as described above. The changes to the representation regarding the Index Provider described herein will be effective upon filing with the Commission of another amendment to the Trust's Registration Statement. The changes to the name of the Index underlying the Fund and the name of the Fund were reflected in a July 18, 2012 amendment to the Registration Statement.<SU>16</SU>
          <FTREF/>The Fund will comply with all requirements under NYSE Arca Equities Rule 5.2(j)(3).<SU>17</SU>
          <FTREF/>Except for the changes noted above, all other representations made in the Prior Release remain unchanged. For the foregoing reasons, the Commission believes that waiving the 30-day operative delay would be consistent with the protection of investors and the public interest.<SU>18</SU>
          <FTREF/>Therefore, the Commission designates the proposal operative upon filing.</P>
        <FTNT>
          <P>
            <SU>15</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>16</SU>
            <E T="03">See</E>note 5,<E T="03">supra.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>
            <E T="03">See</E>note 10,<E T="03">supra.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>

            <SU>18</SU>For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation.<E T="03">See</E>15 U.S.C. 78c(f).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov</E>. Please include File Number SR-NYSEArca-2012-90 on the subject line.</P>
        <HD SOURCE="HD2">Paper Comments</HD>
        <P>• Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.</P>
        

        <FP>All submissions should refer to File Number SR-NYSEArca-2012-90<E T="03">.</E>This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2012-90 and should be submitted on or before September 21, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>19</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>19</SU>17 CFR 200.30-3(a)(12).</P>
          </FTNT>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21493 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67733; File No. SR-OCC-2012-11]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Options Clearing Corporation; Order Approving Proposed Rule Change Relating to the Auction Process Under Options Clearing Corporation Rule 1104</SUBJECT>
        <DATE>August 27, 2012.</DATE>
        <HD SOURCE="HD1">I. Introduction</HD>
        <P>On July 3, 2012, the Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change SR-OCC-2012-11 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”)<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder.<SU>2</SU>

          <FTREF/>The proposed rule change was published for comment in the<E T="04">Federal Register</E>on July 20, 2012.<SU>3</SU>
          <FTREF/>The Commission received no comment letters. This order approves the proposed rule change.</P>
        <FTNT>
          <P>
            <SU>1</SU>15 U.S.C. 78s(b)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>17 CFR 240.19b-4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>Securities Exchange Act Release No. 67443 (July 16, 2012), 77 FR 42784 (July 20, 2012).</P>
        </FTNT>
        <HD SOURCE="HD1">II. Description</HD>
        <P>In a recent rule change, OCC proposed and the Commission approved provisions to OCC Rule 1104 and Rule 1106 to specifically provide that, in addition to all other permitted means of liquidating positions and collateral in the accounts of a suspended Clearing Member, OCC may, at its discretion, liquidate such positions and collateral through a private auction process.<SU>4</SU>
          <FTREF/>The purpose of the current rule change is to add an interpretation .02 to Rule 1104 to provide a further general description of such a private auction process by which OCC may liquidate all or any part of a suspended Clearing Member's accounts. The proposed interpretation sets forth the basic parameters of such an auction, including the process for creating a standing pool of pre-qualified potential bidders, criteria for fixing the number of bidders to participate in any particular auction and the method of selection of such bidders. Such criteria are intended to ensure an orderly and robust auction and to ensure that auction bidders are financially able to make payment for and assume the obligations of the collateral and positions they are acquiring and able to manage the risk thereof and/or trade out of the positions without creating unnecessary further risk to the Corporation. Interpretations cross-referencing interpretation .02 to Rule 1104 will be added following Rules 1106, 1107, 2210, and 2210A, and the latter three rules are proposed to be amended to provide that the auction process is applicable to assets and obligations arising from exercised and assigned options and matured, physically-settled futures and to assets and obligations arising from the close-out of stock loan and borrow positions as well.</P>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>Exchange Act Release No. 65654 (October 28, 2011), 76 FR 68236 (November 3, 2011) (SR-OCC-2011-08) (Order Approving Proposed Rule Change, as Modified by Amendment No. 1, to Provide Specific Authority to Use an Auction Process as One of the Means to Liquidate a Defaulting Clearing Member's Accounts).</P>
        </FTNT>
        <PRTPAGE P="53242"/>
        <P>Each private auction will be a “sealed bid” auction in which pre-qualified bidders selected by OCC will submit confidential bids such that no bidder will know the bid information of any of the other bidders. The pool of prequalified potential bidders in any auction would consist of all Clearing Members who are interested in participation and willing to execute the required documentation. Participation in the pre-qualified bidder pool by certain non-Clearing Members would also be solicited. Should the Corporation determine to hold a private auction, the Corporation will review the pool of pre-qualified auction bidders and would seek to invite a fixed number of bidders for the auction based on objective criteria that the Corporation believes would optimize the effectiveness of the auction process. OCC believes that fixing the size of the desired bidder group at a number that is either too large or too small could have an adverse impact on the effectiveness and competitiveness of the auction process. A group that is too small would not provide adequate competition among bidders, while setting the target size for the group of bidders at too large a number would discourage participation because of fear that the composition of the portfolios to be bid on would be leaked beyond the bidder group, allowing non-bidders to trade ahead of the auction to the disadvantage of bidders in the auction. Attempting to organize too large a group of bidders would also cause potentially costly delay in the auction process. OCC would most likely use its secure ENCORE system or telephone contact to invite selected pre-qualified bidders to submit bids in the private auction. No invited bidder would be obligated to bid in the private auction.</P>
        <P>At the conclusion of a private auction, OCC will, in its discretion, select the best bid submitted for the auctioned portfolio based on the totality of the circumstances.<SU>5</SU>
          <FTREF/>For example, where an auction portfolio has a negative net asset value, negative bids may be submitted which indicate how much OCC would be required to pay a bidder to assume the auction portfolio, and the lowest rather than the highest bid may therefore be the best bid. Other factors such as any condition attached to a bid may influence the choice of best bid.</P>
        <FTNT>
          <P>
            <SU>5</SU>The Staff notes for clarity that OCC has no specific procedures to announce auctions or their results other than notices to the winning bidders and losing bidders as specified in proposed Rule 1104(e).</P>
        </FTNT>
        <P>Finally, in order to increase legal certainty under potentially applicable provisions of the Uniform Commercial Code, the proposed interpretations would require Clearing Members to acknowledge that the private auction process is a commercially reasonable method of liquidating a suspended Clearing Member's accounts and that notice of a private auction to a suspended Clearing Member is not required under the auction process.</P>
        <HD SOURCE="HD1">III. Discussion</HD>
        <P>Section 17A(b)(3)(F) of the Act requires that, among other things, the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions, and, to the extent applicable, derivative agreements, contracts, and transactions.<SU>6</SU>
          <FTREF/>The rule change sets forth the procedures that OCC will use to liquidate the open positions and margin of a defaulting member in order to meet its settlement obligations to non-defaulting members promptly and in a manner that is least disruptive to the securities markets. Section 17A(b)(3)(F) of the Act also requires that the rules of a clearing agency are, in general, designed to protect investors and the public interest and are not designed to permit unfair discrimination among participants in the use of the clearing agency.<SU>7</SU>
          <FTREF/>The rule change sets forth the general criteria used by OCC to select bidders, invite bidders to participate in the auction, and select the best bid.</P>
        <FTNT>
          <P>
            <SU>6</SU>15 U.S.C. 78q-1(b)(3)(F).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD1">IV. Conclusion</HD>
        <P>On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act<SU>8</SU>
          <FTREF/>and the rules and regulations thereunder.</P>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78q-1.</P>
        </FTNT>
        <P>
          <E T="03">It is therefore ordered,</E>pursuant to Section 19(b)(2) of the Act,<SU>9</SU>
          <FTREF/>that the proposed rule change (File No. SR-OCC-2012-11) be, and hereby is, approved.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78s(b)(2).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>10</SU>In approving this proposed rule change the Commission has considered the proposed rule's impact of efficiency, competition, and capital formation.<E T="03">See</E>15 U.S.C. 78c(f).</P>
        </FTNT>
        <SIG>
          <P>For the Commission by the Division of Trading and Markets, pursuant to delegated authority.<SU>11</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>11</SU>17 CFR 200.30-3(a)(12).</P>
          </FTNT>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21494 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67734; File No. SR-BYX-2012-019]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing of Proposed Rule Change To Adopt a Retail Price Improvement Program</SUBJECT>
        <DATE>August 27, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that on August 14, 2012, BATS Y-Exchange, Inc. (the “Exchange” or “BYX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.</P>
        <FTNT>
          <P>
            <SU>1</SU>15 U.S.C. 78s(b)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>17 CFR 240.19b-4.</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
        <P>The Exchange's proposed rule change would adopt new Rule 11.24 to establish a Retail Price Improvement (“RPI”) Program (the “Program” or “proposed rule change”) to attract additional retail order flow to the Exchange while also providing the potential for price improvement to such order flow.</P>

        <P>The text of the proposed rule change is available at the Exchange's Web site at<E T="03">http://www.batstrading.com,</E>at the principal office of the Exchange, and at the Commission's Public Reference Room. The proposed rule text can be found in Exhibit 5.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>

        <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.<PRTPAGE P="53243"/>
        </P>
        <HD SOURCE="HD2">(A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <HD SOURCE="HD3">Background</HD>
        <P>The Exchange is proposing a one-year pilot program that would add new Rule 11.24 to establish an RPI Program to attract additional retail order flow to the Exchange while also providing the potential for price improvement to such order flow. Under the proposed rule change, the Exchange would create a new class of market participant called a Retail Member Organization (“RMO”), which would be eligible to submit certain retail order flow (“Retail Orders”) to the Exchange. As proposed, all Exchange Users<SU>3</SU>
          <FTREF/>will be permitted to provide potential price improvement for Retail Orders in the form of non-displayed interest that is better than the national best bid that is a Protected Quotation (“Protected NBB”) or the national best offer that is a Protected Quotation (“Protected NBO,” and together with the Protected NBB, the “Protected NBBO”).<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>A “User” is defined in BYX Rule 1.5(cc) as any member or sponsored participant of the Exchange who is authorized to obtain access to the System.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>The term Protected Quotation is defined in BYX Rule 1.5(t) and has the same meaning as is set forth in Regulation NMS Rule 600(b)(58). The terms Protected NBB and Protected NBO are defined in BYX Rule 1.5(s). The Protected NBB is the best-priced protected bid and the Protected NBO is the best-priced protected offer. Generally, the Protected NBB and Protected NBO and the national best bid (“NBB”) and national best offer (“NBO,” together with the NBB, the “NBBO”) will be the same. However, a market center is not required to route to the NBB or NBO if that market center is subject to an exception under Regulation NMS Rule 611(b)(1) or if such NBB or NBO is otherwise not available for an automatic execution. In such case, the Protected NBB or Protected NBO would be the best-priced protected bid or offer to which a market center must route interest pursuant to Regulation NMS Rule 611.</P>
        </FTNT>
        <HD SOURCE="HD3">Definitions</HD>
        <P>The Exchange proposes to adopt the following definitions under proposed Rule 11.24(a). First, the term “Retail Member Organization” would be defined as a Member<SU>5</SU>
          <FTREF/>(or a division thereof) that has been approved by the Exchange to submit Retail Orders.</P>
        <FTNT>
          <P>
            <SU>5</SU>A “Member” is defined in BYX Rule 1.5(n) as any registered broker or dealer that has been admitted to membership in the Exchange.</P>
        </FTNT>
        <P>Second, the term “Retail Order” would be defined as an agency order that originates from a natural person and is submitted to the Exchange by an RMO, provided that no change is made to the terms of the order with respect to price or side of market and the order does not originate from a trading algorithm or any other computerized methodology.</P>
        <P>Finally, the term “Retail Price Improvement Order” or “RPI Order” would be defined as non-displayed interest on the Exchange that is better than the Protected NBB or Protected NBO by at least $0.001 and that is identified as an RPI Order in a manner prescribed by the Exchange (“RPI interest”).<SU>6</SU>
          <FTREF/>The price of an RPI Order would be determined by a User's entry of the following into the Exchange: (1) RPI buy or sell interest; (2) an offset, if any; and (3) a ceiling or floor price. The Exchange expects that RPI sell or buy interest typically would be entered to track the Protected NBBO. The offset would be a predetermined amount by which the User is willing to improve the Protected NBBO, subject to a ceiling or floor price. The ceiling or floor price would be the amount above or below which the User does not wish to trade. RPI Orders in their entirety (the buy or sell interest, the offset, and the ceiling or floor) will remain non-displayed. The Exchange will also allow Users to enter RPI Orders which establish the exact limit price, which is similar to a non-displayed limit order currently accepted by the Exchange today except the Exchange will accept sub-penny limit prices on RPI Orders with three numbers after the decimal. The Exchange's System<SU>7</SU>
          <FTREF/>will monitor whether RPI buy or sell interest, adjusted by any offset and subject to the ceiling or floor price, is eligible to interact with incoming Retail Orders.</P>
        <FTNT>
          <P>

            <SU>6</SU>Exchange systems would prevent Retail Orders from interacting with RPI Orders if the RPI Order is not priced at least $0.001 better than the Protected NBBO. The Exchange notes, however, that price improvement of $0.001 would be a minimum requirement and Users could enter RPI Orders that better the Protected NBBO by more than $0.001. Exchange systems will accept RPI Orders without a minimum price improvement value; however, such interest will execute at its floor or ceiling price only if such floor or ceiling price is better than the Protected NBBO by $0.001 or more. Concurrently with this filing, the Exchange has submitted a request for an exemption under Regulation NMS Rule 612 that would permit it to accept and rank the non-displayed RPI Orders. As outlined in the request, the Exchange believes that the minimum price improvement available under the Program, which would amount to $0.50 on a 500 share order, would be meaningful to the small retail investor.<E T="03">See</E>Letter from Eric J. Swanson, Senior Vice President, General Counsel, BATS Global Markets, Inc. to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission dated August 14, 2012 (“Sub-Penny Rule Exemption Request”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>The “System” is defined in BYX Rule 1.5(aa) as “the electronic communications and trading facility designated by the Board through which securities orders of Users are consolidated for ranking, execution and, when applicable, routing away.”</P>
        </FTNT>
        <P>Users and RMOs may enter odd lots, round lots or mixed lots as RPI Orders and as Retail Orders respectively. As discussed below, RPI Orders will be ranked and allocated according to price and time of entry into the System consistent with Exchange Rule 11.12 and therefore without regard to whether the size entered is an odd lot, round lot or mixed lot amount. Similarly, Retail Orders will interact with RPI Orders according to the Priority and Allocation rules of the Program and without regard to whether they are odd lots, round lots or mixed lots. Finally, Retail Orders may be designated as Type 1 or Type 2 without regard to the size of the order. In accordance with rules of the consolidated tape plans, executions less than a round lot will not print to the consolidated tape or be considered the last sale.</P>

        <P>RPI Orders would interact with Retail Orders as follows. Assume a User enters RPI sell interest with an offset of $0.001 and a floor of $10.10 while the Protected NBO is $10.11. The RPI Order could interact with an incoming buy Retail Order at $10.109. If, however, the Protected NBO was $10.10, the RPI Order could not interact with the Retail Order because the price required to deliver the minimum $0.001 price improvement ($10.099) would violate the User's floor of $10.10. If a User otherwise enters an offset greater than the minimum required price improvement and the offset would produce a price that would violate the User's floor, the offset would be applied only to the extent that it respects the User's floor. By way of illustration, assume RPI buy interest is entered with an offset of $0.005 and a ceiling of $10.112 while the Protected NBB is at $10.11. The RPI Order could interact with an incoming sell Retail Order at $10.112, because it would produce the required price improvement without violating the User's ceiling, but it could not interact above the $10.112 ceiling. Finally, if a User enters an RPI Order without an offset (i.e., an explicitly priced limit order), the RPI Order will interact with Retail Orders at the level of the User's limit price as long as the minimum required price improvement is produced. Accordingly, if RPI sell interest is entered with a limit price of $10.098 and no offset while the Protected NBO is $10.11, the RPI Order could interact with the Retail Order at $10.098, producing $0.012 of price improvement. The System will not cancel RPI interest when it is not eligible to interact with incoming Retail Orders; such RPI interest will remain in the System and may become eligible again to interact with Retail Orders depending on the Protected NBB or Protected NBO.<PRTPAGE P="53244"/>
        </P>
        <HD SOURCE="HD3">RMO Qualifications and Approval Process</HD>
        <P>Under proposed Rule 11.24(b), any Member could qualify as an RMO if it conducts a retail business or handles retail orders on behalf of another broker-dealer. Any Member that wishes to obtain RMO status would be required to submit: (1) An application form; (2) an attestation, in a form prescribed by the Exchange, that any order submitted by the Member as a Retail Order would meet the qualifications for such orders under proposed Rule 11.24; and (3) supporting documentation sufficient to demonstrate the retail nature and characteristics of the applicant's order flow.<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>For example, a prospective RMO could be required to provide sample marketing literature, Web site screenshots, other publicly disclosed materials describing the retail nature of their order flow, and such other documentation and information as the Exchange may require to obtain reasonable assurance that the applicant's order flow would meet the requirements of the Retail Order definition.</P>
        </FTNT>
        <P>An RMO would be required to have written policies and procedures reasonably designed to assure that it will only designate orders as Retail Orders if all requirements of a Retail Order are met. Such written policies and procedures must require the Member to (i) exercise due diligence before entering a Retail Order to assure that entry as a Retail Order is in compliance with the requirements of this rule, and (ii) monitor whether orders entered as Retail Orders meet the applicable requirements. If the RMO represents Retail Orders from another broker-dealer customer, the RMO's supervisory procedures must be reasonably designed to assure that the orders it receives from such broker-dealer customer that it designates as Retail Orders meet the definition of a Retail Order. The RMO must (i) obtain an annual written representation, in a form acceptable to the Exchange, from each broker-dealer customer that sends it orders to be designated as Retail Orders that entry of such orders as Retail Orders will be in compliance with the requirements of this rule, and (ii) monitor whether its broker-dealer customer's Retail Order flow continues to meet the applicable requirements.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>The Exchange or another self-regulatory organization on behalf of the Exchange will review an RMO's compliance with these requirements through an exam-based review of the RMO's internal controls.</P>
        </FTNT>
        <P>If the Exchange disapproves the application, the Exchange would provide a written notice to the Member. The disapproved applicant could appeal the disapproval by the Exchange as provided in proposed Rule 11.24(d), and/or reapply for RMO status 90 days after the disapproval notice is issued by the Exchange. An RMO also could voluntarily withdraw from such status at any time by giving written notice to the Exchange.</P>
        <HD SOURCE="HD3">Failure of RMO To Abide by Retail Order Requirements</HD>

        <P>Proposed Rule 11.24(c) addresses an RMO's failure to abide by Retail Order requirements. If an RMO designates orders submitted to the Exchange as Retail Orders and the Exchange determines, in its sole discretion, that those orders fail to meet any of the requirements of Retail Orders, the Exchange may disqualify a Member from its status as an RMO. When disqualification determinations are made, the Exchange would provide a written disqualification notice to the Member. A disqualified RMO could appeal the disqualification as provided in proposed Rule 11.24(d) and/or reapply for RMO status 90 days after the disqualification notice is issued by the Exchange.<E T="03">http://www.bloomberglaw.com/s/legal/0d8c2a43fe620ae36f925f9dd67c2081/document/X9RVKVG5GVG0?search32=C9P6UQR5E9FN6PB1E9HMGNRKCLP6QF9849P6AT31D5M20R39E5QMIP39EHSI0S3IDTJN4OBD48KJMERJEHIMQRB5CHFN6PB1E9HMGFB6C5M76P8-fn_8</E>
        </P>
        <HD SOURCE="HD3">Appeal of Disapproval or Disqualification</HD>
        <P>Proposed Rule 11.24(d) provides appeal rights to Members. If a Member disputes the Exchange's decision to disapprove it as an RMO under Rule 11.24(b) or disqualify it under Rule 11.24(c), such Member (“appellant”) may request, within five business days after notice of the decision is issued by the Exchange, that the Retail Price Improvement Program Panel (“RPI Panel”) review the decision to determine if it was correct.</P>
        <P>The RPI Panel would consist of the Exchange's Chief Regulatory Officer (“CRO”), or a designee of the CRO, and two officers of the Exchange designated by the Chief Operating Officer (“COO”). The RPI Panel would review the facts and render a decision within the time frame prescribed by the Exchange. The RPI Panel could overturn or modify an action taken by the Exchange and all determinations by the RPI Panel would constitute final action by the Exchange on the matter at issue.</P>
        <HD SOURCE="HD3">Retail Liquidity Identifier</HD>
        <P>Under proposed Rule 11.24(e), the Exchange proposes to disseminate an identifier when RPI interest priced at least $0.001 better than the Exchange's Protected Bid or Protected Offer for a particular security is available in the System (“Retail Liquidity Identifier”). The Retail Liquidity Identifier will be disseminated through consolidated data streams (i.e., pursuant to the Consolidated Tape Association Plan/Consolidated Quotation Plan, or CTA/CQ, for Tape A and Tape B securities, and the Nasdaq UTP Plan for Tape C securities) as well as through proprietary Exchange data feeds.<SU>10</SU>
          <FTREF/>The Retail Liquidity Identifier will reflect the symbol and the side (buy or sell) of the RPI interest, but will not include the price or size of the RPI interest. In particular, CQ and UTP quoting outputs will include a field for codes related to the Retail Price Improvement Identifier. The codes will indicate RPI interest that is priced better than the Exchange's Protected Bid or Protected Offer by at least the minimum level of price improvement as required by the Program.</P>
        <FTNT>
          <P>
            <SU>10</SU>The Exchange notes that the Retail Liquidity Identifier for Tape A and Tape B securities will be disseminated pursuant to the CTA/CQ Plan as soon as the Program, if approved, becomes operational. If the Program is approved and becomes operational in the near future, then the Retail Liquidity Identifier for Tape C securities will only be available through the Exchange's proprietary data feeds until approximately October 1, 2012, at which time the identifier will also be available through the consolidated public market data stream for Tape C securities. October 1, 2012 is the date that the processor for the Nasdaq UTP quotation stream anticipates offering the ability to disseminate the Retail Liquidity Identifier and analogous identifiers from other market centers that operate programs similar to the RPI Program.</P>
        </FTNT>
        <HD SOURCE="HD3">Retail Order Designations</HD>

        <P>Under proposed Rule 11.24(f), an RMO can designate how a Retail Order would interact with available contra-side interest as follows. As proposed, a Type 1-designated Retail Order would interact with available contra-side RPI Orders and other price improving liquidity but would not interact with other available contra-side interest in the System or route to other markets. The portion of a Type 1-designated Retail Order that does not execute against contra-side RPI Orders or other price improving liquidity would be immediately and automatically cancelled. A Type 2-designated Retail Order would interact first with available contra-side RPI Orders and other price improving liquidity and then any remaining portion of the Retail Order would be executed as an Immediate or Cancel (“IOC”) Order pursuant to Rule 11.9(b)(1). A Type 2-designated Retail Order can either be submitted as a<PRTPAGE P="53245"/>BATS Only Order<SU>11</SU>
          <FTREF/>or as an order eligible for routing pursuant to Rule 11.13(a)(2). Accordingly, a Type 2-designated Retail Order could interact with other interest in the System and, if designated as eligible for routing, would route to other markets in compliance with Regulation NMS.</P>
        <FTNT>
          <P>
            <SU>11</SU>A BATS Only Order is defined in BYX Rule 11.9(c)(4) and includes orders that are not eligible for routing to other trading centers.</P>
        </FTNT>
        <HD SOURCE="HD3">Priority and Order Allocation</HD>
        <P>Under proposed Rule 11.24(g), the Exchange proposes that competing RPI Orders in the same security would be ranked and allocated according to price then time of entry into the System. The Exchange further proposes that executions will occur in price/time priority in accordance with Rule 11.12. Any remaining unexecuted RPI interest will remain available to interact with other incoming Retail Orders if such interest is at an eligible price. Any remaining unexecuted portion of the Retail Order will cancel or execute in accordance with proposed Rule 11.24(f). The following example illustrates this proposed method:</P>
        
        <EXTRACT>
          <FP SOURCE="FP-1">Protected NBBO for security ABC is $10.00-$10.05</FP>
          <FP SOURCE="FP-1">User 1 enters an RPI Order to buy ABC at $10.015 for 500</FP>
          <FP SOURCE="FP-1">User 2 then enters an RPI Order to buy ABC at $10.02 for 500</FP>
          <FP SOURCE="FP-1">User 3 then enters an RPI Order to buy ABC at $10.035 for 500</FP>
        </EXTRACT>
        
        <P>An incoming Retail Order to sell ABC for 1,000 executes first against User 3's bid for 500 at $10.035, because it is the best priced bid, then against User 2's bid for 500 at $10.02, because it is the next best priced bid. User 1 is not filled because the entire size of the Retail Order to sell 1,000 is depleted. The Retail Order executes against RPI Orders in price/time priority.</P>
        <P>However, assume the same facts above, except that User 2's RPI Order to buy ABC at $10.02 is for 100. The incoming Retail Order to sell 1,000 executes first against User 3's bid for 500 at $10.035, because it is the best priced bid, then against User 2's bid for 100 at $10.02, because it is the next best priced bid. User 1 then receives an execution for 400 of its bid for 500 at $10.015, at which point the entire size of the Retail Order to sell 1,000 is depleted.</P>
        <P>As a final example, assume the same facts as above, except that User 3's order was not an RPI Order to buy ABC at $10.035, but rather, a non-displayed order to buy ABC at $10.03. The result would be similar to the result immediately above, in that the incoming Retail Order to sell 1,000 executes first against User 3's bid for 500 at $10.03, because it is the best priced bid, then against User 2's bid for 100 at $10.02, because it is the next best priced bid. User 1 then receives an execution for 400 of its bid for 500 at $10.015, at which point the entire size of the Retail Order to sell 1,000 is depleted.</P>
        <HD SOURCE="HD3">Implementation</HD>
        <P>The Exchange proposes that all securities traded on the Exchange would be eligible for inclusion in the RPI Program.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>12</SU>The Exchange offers trading of all NMS stocks pursuant to unlisted trading privileges, consistent with Section 12(f) of the Act and Rule 12f-5 thereunder. Accordingly, the Exchange offers trading of securities listed on BATS Exchange, Inc., the New York Stock Exchange LLC, NYSE Arca, Inc., NYSE MKT LLC (formerly the American Stock Exchange), and The NASDAQ Stock Market LLC.</P>
        </FTNT>
        <P>The Exchange proposes to limit the Program during the pilot period to trades occurring at prices equal to or greater than $1.00 per share. Toward that end, Exchange trade validation systems would prevent the interaction of RPI buy or sell interest (adjusted by any offset) and Retail Orders at a price below $1.00 per share.<SU>13</SU>
          <FTREF/>For example, if there was RPI buy interest tracking the Protected NBB at $0.99 with an offset of $0.001 and a ceiling of $1.02, Exchange trade validation systems would prevent the execution of the RPI Order at $0.991 with a sell Retail Order with a limit of $0.99. However, if the Retail Order was Type 2 as defined [sic] the Program,<SU>14</SU>
          <FTREF/>it would be able to interact at $0.99 with liquidity outside the Program in the Exchange's order book. In addition to facilitating an orderly<SU>15</SU>
          <FTREF/>and operationally intuitive pilot, the Exchange believes that limiting the Program to trades equal to or greater than $1.00 per share during the pilot will enable it better to focus its efforts to monitor price competition and to assess any indications that data disseminated under the Program is potentially disadvantaging retail orders. As part of that review, the Exchange will produce data throughout the pilot, which will include statistics about participation, the frequency and level of price improvement provided by the Program, and any effects on the broader market structure.</P>
        <FTNT>
          <P>
            <SU>13</SU>As discussed above, the price of an RPI would be determined by a User's entry of buy or sell interest, an offset (if any) and a ceiling or floor price. The Exchange expects that RPI sell or buy interest typically would track the Protected NBBO.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>Type 2 Retail Orders are treated as IOC orders that execute against displayed and non-displayed liquidity in the Exchange's order book where there is no available liquidity in the Program. Type 2 Retail Orders can either be designated as eligible for routing or as BATS Only Orders, and thus non-routable, as described above.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>15</SU>Given the proposed limitation, the pilot Program would have no impact on the minimum pricing increment for orders priced less than $1.00 and therefore no effect on the potential of markets executing those orders to lock or cross. In addition, the non-displayed nature of the liquidity in the Program simply has no potential to disrupt displayed, protected quotes. In any event, the Program would do nothing to change the obligation of exchanges to avoid and reconcile locked and crossed markets under NMS Rule 610(d).</P>
        </FTNT>
        <HD SOURCE="HD3">Comparison to Existing Programs</HD>
        <P>Proposed BYX Rule 11.24 is based on NYSE Rule 107C, governing NYSE's “Retail Liquidity Program,” which was recently approved by the Commission and commenced operations on August 1, 2012.<SU>16</SU>
          <FTREF/>Proposed Rule 11.24 is similar to NYSE Rule 107C with three key distinctions.<SU>17</SU>
          <FTREF/>The first distinction is that NYSE Rule 107C includes a class of participant that is registered as a provider of liquidity and provides specific procedures and rules related to such participants and their role in the NYSE RLP. NYSE Rule 107C does permit all participants to submit RPI Orders to NYSE, but provides the specific class of registered retail liquidity providers with execution fees that are lower than fees charged to other participants in exchange for a requirement to maintain RPI Orders on NYSE at least 5% of the trading day.<SU>18</SU>
          <FTREF/>The Exchange believes that equal treatment for all Exchange Users that enter RPI Orders will result in a higher level of competition and maximize price improvement to incoming Retail Orders. Accordingly, the Exchange has not proposed to adopt a special category of retail liquidity provider.</P>
        <FTNT>
          <P>
            <SU>16</SU>Securities Exchange Act Release No. 67347 (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR-NYSE-2011-55; SR-NYSEAmex-2011-84) (the “RLP Approval Order”). In conjunction with the approval of the NYSE Retail Liquidity Program, a nearly identical program was proposed and approved to operate on NYSE MKT LLC (formerly, the American Stock Exchange). For ease of reference, the comparisons made in this section only refer to NYSE Rule 107C, but apply equally to NYSE MKT Rule 107C.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>The Exchange has proposed to accept RPIs in a manner similar to the explicitly accepted method at NYSE and NYSE MKT, specifically, with an offset as well as a ceiling or a floor (i.e., the entry of an RPI bid with an offset of $0.015 and a ceiling of $10.04; when the NBBO is $10.02 by $10.04, an incoming sell order would execute against such RPI at $10.035). The Exchange notes that like NYSE and NYSE MKT, Users will be able to submit retail price improving orders with an explicit sub-penny floor or ceiling and no offset, effectively creating a static sub-penny limit order, and the Exchange has proposed rule text to make this ability clear.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>18</SU>NYSE Rule 107C(f).</P>
        </FTNT>

        <P>The second distinction between proposed BYX Rule 11.24 and NYSE Rule 107C is that the Exchange proposes to in all cases execute incoming Retail Orders against resting RPI Orders<E T="03">and</E>other resting non-displayed liquidity to<PRTPAGE P="53246"/>maximize the price improvement available to the incoming Retail Order. As proposed, the Exchange will maintain its strict price/time priority model and will provide all available price improvement to incoming Retail Orders, whether such price improvement is submitted pursuant to the Program or as an order type currently accepted by the Exchange, such as non-displayed orders. In contrast, pursuant to NYSE Rule 107C(k)(1), a Type 1-designated Retail Order, “will interact only with available contra-side Retail Price Improvement Orders and will not interact with other available contra-side interest in Exchange systems.”<SU>19</SU>
          <FTREF/>Accordingly, other non-displayed orders offering price improvement at prices better than resting RPI interest do not have an opportunity to interact with incoming Retail Orders pursuant to the NYSE RLP. The Exchange is proposing in all cases to provide the maximum price improvement available to incoming Retail Orders. Accordingly, Retail Orders under the Exchange's Program will always interact with available contra-side RPI Orders and any other price improving contra-side interest, in price/time priority consistent with the Exchange's Rule 11.12. Such “other” price improving contra-side interest will of course remain available to all participants, as it is today, while RPI Orders will only be available to RMOs, as described above.</P>
        <FTNT>
          <P>

            <SU>19</SU>Moreover, although pursuant to NYSE Rules 107C(k)(2) and 107C(k)(3), a Type 2-designated Retail Order and a Type 3-designated Retail Order can interact with other non-RPI interest in the NYSE systems, such interaction only occurs<E T="03">after</E>a Retail Order first executes against RPI Orders. As such, non-displayed orders in NYSE systems offering prices better than resting RPI Orders interact with Retail Orders only after all RPI interest is exhausted.</P>
        </FTNT>
        <P>Finally, as proposed the Exchange will provide applicable price improvement to incoming Retail Orders at potentially multiple price levels. In contrast, pursuant to NYSE Rule 107C an incoming Retail Order to NYSE will execute at the single clearing price level at which the incoming order will be fully executed. To illustrate, assume the same facts set forth in the second example above, where User 2's RPI Order to buy ABC at $10.02 was for 100 shares. Pursuant to NYSE Rule 107C, an incoming Retail Order to sell 1,000 shares would execute first against User 3's bid for 500 shares, because it is the best priced bid, then against User 2's bid for 100 shares, because it is the next best priced bid, then against 400 of the 500 shares bid by User 1. However, rather than executing at each of these price levels for the number of shares available (i.e., 500 shares at $10.035, 100 shares at $10.02 and 400 shares at $10.015), as it would under proposed BYX Rule 11.24, the Retail Order submitted to NYSE pursuant to NYSE Rule 107C executes at the single clearing price that completes the order's execution, which is $10.015 to complete the entire order to sell 1,000 shares. The Exchange intends to provide all of the price improvement in these examples to the incoming Retail Order, and thus has proposed to execute orders under the Program consistent with its existing price/time market model.</P>
        <HD SOURCE="HD3">Fee Structure of Program</HD>
        <P>The Exchange will submit a separate proposal to amend its fee schedule in connection with the proposed RPI Program. Under that proposal, the Exchange expects to charge Users a fee for executions of their RPI Orders against Retail Orders and in turn would provide a credit or free executions to RMOs for executions of their Retail Orders against RPI Orders. The fees and credits for liquidity providers and RMOs will be determined based on experience with the Program in the first several months.</P>
        <P>As explained above, the Exchange proposes to execute incoming Retail Orders against all available contra-side interest that will provide price improvement to the Retail Order, including non-displayed orders other than RPI Orders. In the event non-displayed interest other than an RPI Order interacts with a Retail Order, the Exchange anticipates proposing to charge the User that entered such non-displayed interest the same fee as is imposed for an RPI Order execution. In such cases, the fee charged to the User that entered the non-displayed interest will likely be greater than the fee charged that same User for an execution against a non-Retail Order.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.<SU>20</SU>
          <FTREF/>In particular, the Exchange believes the proposed change furthers the objectives of Section 6(b)(5) of the Act,<SU>21</SU>
          <FTREF/>in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. The Exchange believes that the proposed rule change is consistent with these principles because it would increase competition among execution venues, encourage additional liquidity, and offer the potential for price improvement to retail investors. The Exchange notes that a significant percentage of the orders of individual investors are executed over-the-counter.<SU>22</SU>
          <FTREF/>The Exchange believes that it is appropriate to create a financial incentive to bring more retail order flow to a public market. The Exchange also notes that the Commission recently approved a similar proposal by NYSE and NYSE MKT.<SU>23</SU>
          <FTREF/>Accordingly, the proposal generally encourages competition between exchange venues. In this connection, the Exchange believes that the proposed distinctions between the Exchange's proposal and the approved programs for NYSE and NYSE MKT will both enhance competition amongst market participants and encourage competition amongst exchange venues.</P>
        <FTNT>
          <P>
            <SU>20</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>21</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>22</SU>
            <E T="03">See</E>Concept Release on Equity Market Structure, Securities Exchange Act Release No. 61358 (January 14, 2010), 75 FR 3594 (January 21, 2010) (noting that dark pools and internalizing broker-dealers executed approximately 25.4% of share volume in September 2009).<E T="03">See also</E>Mary L. Schapiro, Strengthening Our Equity Market Structure (Speech at the Economic Club of New York, Sept. 7, 2010) (available on the Commission's Web site). In her speech, Chairman Schapiro noted that nearly 30 percent of volume in U.S.-listed equities was executed in venues that do not display their liquidity or make it generally available to the public and the percentage was increasing nearly every month.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>23</SU>
            <E T="03">See</E>RLP Approval Order,<E T="03">supra</E>note 16.</P>
        </FTNT>
        <P>The Exchange understands that Section 6(b)(5) of the Act<SU>24</SU>
          <FTREF/>prohibits an exchange from establishing rules that treat market participants in an unfairly discriminatory manner. However, Section 6(b)(5) of the Act does not prohibit exchange members or other broker-dealers from discriminating, so long as their activities are otherwise consistent with the federal securities laws. Nor does Section 6(b)(5) of the Act require exchanges to preclude discrimination by broker-dealers. Broker-dealers commonly differentiate between customers based on the nature and profitability of their business.</P>
        <FTNT>
          <P>
            <SU>24</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>

        <P>While the Exchange believes that markets and price discovery optimally function through the interactions of diverse flow types, it also believes that growth in internalization has required differentiation of retail order flow from<PRTPAGE P="53247"/>other order flow types. The differentiation proposed herein by the Exchange is not designed to permit unfair discrimination, but instead to promote a competitive process around retail executions such that retail investors would receive better prices than they currently do through bilateral internalization arrangements. The Exchange believes that the transparency and competitiveness of operating a program such as the RPI Program on an exchange market would result in better prices for retail investors. The Exchange recognizes that sub-penny trading and pricing could potentially result in undesirable market behavior. The Exchange will monitor the Program in an effort to identify and address any such behavior.</P>
        <P>The Exchange will separately propose fees applicable to the Program, including fees for non-displayed orders offering price improvement other than RPI Orders that interact with Retail Orders. The Exchange believes any such proposal to treat such non-displayed orders differently depending on the parties with whom they interact is consistent with Section 6(b)(5) of the Act,<SU>25</SU>
          <FTREF/>which requires that the rules of an exchange are not designed to permit unfair discrimination. The Exchange believes that such a differential pricing structure for non-displayed orders is not unfairly discriminatory. As stated in the NYSE RLP Approval Order, the “Commission has previously recognized that the markets generally distinguish between individual retail investors, whose orders are considered desirable by liquidity providers because such retail investors are presumed on average to be less informed about short-term price movements, and professional traders, whose orders are presumed on average to be more informed.”<SU>26</SU>
          <FTREF/>The Exchange's proposed differential pricing structure for non-displayed orders raises substantively identical policy considerations as the rules approved by the Commission in the NYSE RLP Approval Order, which account for the difference of assumed information and sophistication level between different trading participants by providing Retail Orders access to better execution prices as well as more favorable access fees.</P>
        <FTNT>
          <P>
            <SU>25</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>26</SU>
            <E T="03">See</E>RLP Approval Order,<E T="03">supra</E>note 16, at 40679-40680 (citing Concept Release on Equity Market Structure and approval of an options exchange program related to price improvement for retail orders). Certain options exchanges deploy this same rationale today through pricing structures that vary for a trading participant based on the capacity of the contra-side trading participant.<E T="03">See, e.g.,</E>Securities Exchange Act Release No. 63632 (January 3, 2011), 76 FR 1205 (January 7, 2011) (SR-BATS-2010-038) (notice of filing and immediate effectiveness of proposal to modify fees for BATS Options, including liquidity rebates that are variable depending on the capacity of the contra-party to the transaction;<E T="03">see also</E>Securities Exchange Act Release No. 67171 (June 8, 2012), 77 FR 35732 (June 14, 2012) (SR-NASDAQ-2012-068) (notice of filing and immediate effectiveness of proposal to modify fees for the NASDAQ Options Market, including certain fees and rebates that are variable depending on the capacity of the contra-party to the transaction).</P>
        </FTNT>
        <P>Finally, the Exchange proposes that the Commission approve the proposed rule for a pilot period of twelve months from the date of implementation, which shall occur no later than 90 days after Commission approval of Rule 11.24. The Program shall expire on [Date will be determined upon adoption of Rule 11.24]. The Exchange believes that this pilot period is of sufficient length to permit both the Exchange and the Commission to assess the impact of the rule change described herein.</P>
        <HD SOURCE="HD2">(B) Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The Exchange does not believe that the proposed rule change imposes any burden on competition.</P>
        <HD SOURCE="HD2">(C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others</HD>
        <P>The Exchange has neither solicited nor received written comments on the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Changes and Timing for Commission Action</HD>

        <P>Within 45 days of the date of publication of this notice in the<E T="04">Federal Register</E>or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:</P>
        <P>(A) By order approve or disapprove such proposed rule change, or</P>
        <P>(B) Institute proceedings to determine whether the proposed rule change should be disapproved.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File No. SR-BYX-2012-019 on the subject line.</P>
        <HD SOURCE="HD2">Paper Comments</HD>
        <P>• Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.</P>
        

        <FP>All submissions should refer to File No. SR-BYX-2012-019. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule changes between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-BYX-2012-019 and should be submitted on or before September 21, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>27</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>27</SU>17 CFR 200.30-3(a)(12).</P>
          </FTNT>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21592 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13241 and #13242]</DEPDOC>
        <SUBJECT>Oklahoma Disaster #OK-00063</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <PRTPAGE P="53248"/>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is a Notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-4078-DR), dated 08/22/2012.</P>
          <P>
            <E T="03">Incident:</E>Freedom Wildfire.</P>
          <P>
            <E T="03">Incident Period:</E>08/03/2012 through 08/14/2012.</P>
          <P>
            <E T="03">Effective Date:</E>08/22/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>10/22/2012.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>05/22/2013.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given that as a result of the President's major disaster declaration on 08/22/2012, applications for disaster loans may be filed at the address listed above or other locally announced locations.</P>
        <P>The following areas have been determined to be adversely affected by the disaster:</P>
        
        <FP SOURCE="FP-2">Primary Counties (Physical Damage and Economic Injury Loans): Creek.</FP>
        <FP SOURCE="FP-2">Contiguous Counties (Economic Injury Loans Only): Oklahoma:</FP>
        <FP SOURCE="FP1-2">Lincoln; Okfuskee; Okmulgee; Pawnee; Payne; Tulsa.</FP>
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s30,8" COLS="2" OPTS="L2,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">For Physical Damage:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Homeowners With Credit Available Elsewhere</ENT>
            <ENT>3.375</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Homeowners Without Credit Available Elsewhere</ENT>
            <ENT>1.688</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses With Credit Available Elsewhere</ENT>
            <ENT>6.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses Without Credit Available Elsewhere</ENT>
            <ENT>4.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations With Credit Available Elsewhere</ENT>
            <ENT>3.125</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations Without Credit Available Elsewhere</ENT>
            <ENT>3.000</ENT>
          </ROW>
          <ROW>
            <ENT I="22">For Economic Injury:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses &amp; Small Agricultural Cooperatives Without Credit Available Elsewhere</ENT>
            <ENT>4.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations Without Credit Available Elsewhere</ENT>
            <ENT>3.000</ENT>
          </ROW>
        </GPOTABLE>
        <P>The number assigned to this disaster for physical damage is 132415 and for economic injury is 132420.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008).</FP>
        </EXTRACT>
        <SIG>
          <NAME>James E. Rivera,</NAME>
          <TITLE>Associate Administrator for Disaster Assistance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21529 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8004]</DEPDOC>
        <SUBJECT>Culturally Significant Objects Imported for Exhibition Determinations: “Swiss Treasures: From Biblical Papyrus and Parchment to Erasmus, Zwingli, Calvin, and Barth”</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,<E T="03">et seq.;</E>22 U.S.C. 6501 note,<E T="03">et seq.</E>), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition “Swiss Treasures: From Biblical Papyrus and Parchment to Erasmus, Zwingli, Calvin, and Barth,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The University of Chicago Library, Special Collections Research Center in Chicago, Illinois from on or about September 24, 2012, until on or about December 14, 2012, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For further information, including a list of the exhibit objects, contact Ona M. Hahs, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.</P>
          <SIG>
            <DATED>Dated: August 22, 2012.</DATED>
            <NAME>J. Adam Ereli,</NAME>
            <TITLE>Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21567 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-05-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8005]</DEPDOC>
        <SUBJECT>Culturally Significant Objects Imported for Exhibition Determinations: “Mantegna to Matisse: Master Drawings From The Courtauld Gallery”</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,<E T="03">et seq.;</E>22 U.S.C. 6501 note,<E T="03">et seq.</E>), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition “Mantegna to Matisse: Master Drawings From The Courtauld Gallery,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Frick Collection in New York, New York from on or about October 1, 2012, until on or about January 27, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the<E T="04">Federal Register</E>.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For further information, including a list of the exhibit objects, contact Ona M. Hahs, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.</P>
          <SIG>
            <DATED>Dated: August 22, 2012.</DATED>
            <NAME>J. Adam Ereli,</NAME>
            <TITLE>Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21569 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-05-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="53249"/>
        <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8006]</DEPDOC>
        <SUBJECT>Meeting of the International Telecommunication Advisory Committee (ITAC)</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces a meeting of the International Telecommunication Advisory Committees (ITAC) to review status of preparations for the World Conference on International Telecommunication and the World Telecommunication Standardization Assembly.</P>

          <P>The ITAC will meet on September 19, 2012 from 10AM to noon EDT at 1120 20th Street, 10th floor, Washington, DC to review the status of preparations for the World Conference on International Telecommunication and the World Telecommunication Standardization Assembly. Attendance at this meeting is open to the public as seating capacity allows. The public will have an opportunity to provide comments at these meetings. People desiring further information on this meeting, including those wishing to request reasonable accommodation to attend the meeting, should contact the Secretariat at<E T="03">minardje@state.gov,</E>by September 10, 2012.</P>
        </SUM>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Marian R. Gordon,</NAME>
          <TITLE>International Communications &amp; Information Policy, U.S. Department of State.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21573 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-07-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Requests for Comments; Clearance of New Approval of Information Collection: Air Traffic Slots Management</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for an existing information collection. The FAA collects information to allocate slots and maintain accurate record of slot transfers at slot-controlled airports. The information is provided by air carriers and other operators at slot controlled airports.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be submitted by October 30, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kathy DePaepe at (405) 954-9362, or by email at:<E T="03">Kathy.A.DePaepe@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E>2120-XXXX.</P>
        <P>
          <E T="03">Title:</E>Air Traffic Slots Management.</P>
        <P>
          <E T="03">Form Numbers:</E>There are no FAA forms associated with this collection.</P>
        <P>
          <E T="03">Type of Review:</E>New clearance of an existing information collection.</P>
        <P>
          <E T="03">Background:</E>The FAA has implemented several initiatives to address congestion and delay issues within the National Airspace System. The FAA has issued orders limiting operations at John F. Kennedy International Airport (JFK), Newark Liberty International Airport (EWR), and LaGuardia Airport (LGA). The FAA also has designated O'Hare International Airport (ORD) and San Francisco International Airport (SFO) as Level 2 airports under the International Air Transport Association (IATA) Worldwide Slot Guidelines (WSG). These orders resulted in part from increasing congestion and delays at the airports requiring the FAA to allocate arrival and departure slots at JFK, EWR, and LGA. The designations resulted in part from increasing congestion and delays at the airports requiring FAA to implement a voluntary process to manage operational growth at ORD and SFO.</P>
        <P>The information is reported to the FAA by carriers holding a slot at JFK, EWR, or LGA; by carriers operating at ORD or SFO; or by operators conducting unscheduled operations at LGA. At JFK and EWR, carriers must notify the FAA of: (1) Requests for confirmation of transferred slots; (2) requests for seasonal allocation of historic and additional available slots; and (3) usage of slots on a seasonal basis. At LGA, carriers must notify the FAA of: (1) Requests for confirmation of transferred slots; (2) slots required to be returned or slots voluntarily returned; (3) requests to be included in a lottery for available slots; and (4) usage of slots on a bi-monthly basis. At LGA, unscheduled operators must request and obtain a reservation from the FAA prior to conducting an operation. At ORD and SFO, carriers must notify the FAA of their intended operating schedules on a seasonal basis. The FAA estimates that all information from carriers is submitted electronically from information stored in carrier scheduling databases, and that nearly all requests for unscheduled operation reservations are submitted electronically through either an internet or touch-tone system interface.</P>
        <P>
          <E T="03">Respondents:</E>Approximately 500 carriers and other operators.</P>
        <P>
          <E T="03">Frequency:</E>Information is collected as needed; some reporting on bimonthly or semiannual basis.</P>
        <P>
          <E T="03">Estimated Average Burden per Response:</E>2 minutes per unscheduled operation reservation; 6 minutes per notice of slot transfer; 2 hours per schedule submission or slot request; and 2 hours per slot usage report.</P>
        <P>
          <E T="03">Estimated Total Annual Burden:</E>7,031.5 hours.</P>
        <FP>
          <E T="02">ADDRESSES:</E>Send comments to the FAA at the following address: Ms. Kathy DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S. MacArthur Blvd., Oklahoma City, OK 73169.</FP>
        <P>
          <E T="03">Public Comments Invited:</E>You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA's performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.</P>
        <SIG>
          <DATED>Issued in Washington, DC, on August 27, 2012.</DATED>
          <NAME>Albert R. Spence,</NAME>
          <TITLE>FAA Assistant Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21538 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Airports Grants Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The FAA collects information from airport sponsors and planning agencies in order to administer the Airports Grants Program. Data is<PRTPAGE P="53250"/>used to determine eligibility, ensure proper use of Federal Funds, and ensure project accomplishment.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be submitted by October 30, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kathy DePaepe at (405) 954-9362, or by email at:<E T="03">Kathy.A.DePaepe@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">OMB Control Number:</E>2120-0569.</P>
        <P>
          <E T="03">Title:</E>Airports Grants Program.</P>
        <P>
          <E T="03">Form Numbers:</E>FAA forms 5100-100, 5100-101, 5100-108, 5100-125, 5100-126, and 5370-1.</P>
        <P>
          <E T="03">Type of Review:</E>Renewal of an information collection.</P>
        <P>
          <E T="03">Background:</E>Codification of Certain U.S. Transportation Laws at 49 U.S.C. (Pub. L. 103-272), which is referred to as the “Act,” provides funding for airport planning and development projects at airports included in the National Plan of Integrated Airport Systems. The Act also authorizes funds for noise compatibility planning and to carry out noise compatibility programs. The information required by this program is necessary to protect the Federal interest in safety, efficiency, and utility of the Airport. Data is collected to meet report requirements of 49 CFR part 18 for financial management and performance monitoring. Information is collected in the application, and grant agreement amendments; financial management; and performance reporting.</P>
        <P>
          <E T="03">Respondents:</E>Approximately 1,950 sponsors and planning agencies for grant projects.</P>
        <P>
          <E T="03">Frequency:</E>Information is collected on occasion.</P>
        <P>
          <E T="03">Estimated Average Burden per Response:</E>6.75 hours.</P>
        <P>
          <E T="03">Estimated Total Annual Burden:</E>80,569 hours.</P>
        <FP>
          <E T="02">ADDRESSES:</E>Send comments to the FAA at the following address: Ms. Kathy DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S. MacArthur Blvd., Oklahoma City, OK 73169.</FP>
        <P>
          <E T="03">Public Comments Invited:</E>You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA's performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.</P>
        <SIG>
          <DATED>Issued in Washington, DC, on August 24, 2012.</DATED>
          <NAME>Kathy A. DePaepe,</NAME>
          <TITLE>FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21542 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <SUBJECT>International Civil Aviation Organization's (ICAO) Dangerous Goods Panel; Notice of Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In preparation for the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel's (DGP's) Fall Working Group to be held October 15-19, 2012, in Montreal, Canada, the FAA's Office of Hazardous Materials Safety and the Pipeline and Hazardous Materials Safety Administration's (PHMSA) Office of Hazardous Materials Safety announce a public meeting.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public meeting will be held on October 10, 2012 from 9:00 a.m. until 12:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The public meeting will be held at FAA Headquarters (FOB 10A), Bessie Coleman Conference Center, 2nd Floor, 800 Independence Avenue SW., Washington, DC 20591.</P>

          <P>Participants are requested to register by using the following email address:<E T="03">9-AWA-ASH-ADG-HazMat@faa.gov</E>.</P>
          <P>Please include your name, organization, email address, and whether you will be attending in person or participating via conference call.</P>
          <P>Conference call connection information will be provided to those who register and indicate that they will participate via conference call.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Questions regarding the meeting should be directed to Ms. Janet McLaughlin, Deputy Director, Office of Hazardous Materials Safety, ADG-2, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 385-4900. Email:<E T="03">9-AWA-ASH-ADG-HazMat@faa.gov</E>.</P>

          <P>We are committed to providing equal access to this meeting for all participants. If you need alternative formats or other reasonable accommodations, please call (202) 385-4900 or email<E T="03">9-AWA-ASH-ADG-HazMat@faa.gov</E>with your request by close of business on October 1st.</P>
          <HD SOURCE="HD1">Purpose of the Public Meeting</HD>
          <P>Information and viewpoints provided by stakeholders are requested as the United States delegation prepares for the International Civil Aviation Organization's Dangerous Goods Panel's (ICAO DGP's) Working Group of the Whole 12. The agenda for the Working Group is as follows:</P>
          

          <FP SOURCE="FP-2">Agenda Item 1: Development of proposals, if necessary, for amendments to Annex 18—<E T="03">The Safe Transport of Dangerous Goods by Air</E>
          </FP>

          <FP SOURCE="FP-2">Agenda Item 2: Development of recommendations for amendments to the<E T="03">Technical Instructions for the Safe Transport of Dangerous Goods by Air</E>(Doc 9284) for incorporation in the 2015-2016 Edition</FP>

          <FP SOURCE="FP-2">Agenda Item 3: Development of recommendations for amendments to the<E T="03">Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air</E>(Doc 9284SU) for incorporation in the 2015-2016 Edition</FP>

          <FP SOURCE="FP-2">Agenda Item 4: Development of recommendations for amendments to the<E T="03">Emergency Response Guidance for Aircraft Incidents involving Dangerous Goods</E>(Doc 9481) for incorporation in the 2015-2016 Edition</FP>
          <FP SOURCE="FP-2">Agenda Item 5: Issues related to lithium batteries</FP>
          <FP SOURCE="FP-2">Agenda Item 6: Resolution, where possible, of the non-recurrent work items identified by the Air Navigation Commission or the panel:</FP>
          <FP SOURCE="FP1-2">6.1: Competency-based training</FP>
          <FP SOURCE="FP1-2">6.2: Incident data collection</FP>
          <FP SOURCE="FP1-2">6.3: State of overflight involvement in the exemption process</FP>
          <FP SOURCE="FP1-2">6.4: Coordination with the Operations Panel with regard to Annex 6</FP>
          <FP SOURCE="FP1-2">6.5: Coordination with international organizations (e.g. UPU)</FP>
          <FP SOURCE="FP-2">Agenda Item 7: Other business</FP>
          

          <P>Papers relevant to these agenda items can be viewed at the following Web page:<E T="03">http://www.icao.int/safety/DangerousGoods/Pages/DGP.aspx</E>.</P>
          <HD SOURCE="HD1">Public Meeting Procedures</HD>

          <P>A panel of representatives from the FAA and PHMSA will be present. The meetings are intended to be informal, non-adversarial, and to facilitate the public comment process. No individual will be subject to questioning by any other participant. Government representatives on the panel may ask questions to clarify statements. Unless otherwise stated, any statement made during the meetings by a panel member should not be construed as an official position of the US government.<PRTPAGE P="53251"/>
          </P>
          <P>The meeting will be open to all persons, subject to the capacity of the meeting room and phone lines available for those participating via conference call. Every effort will be made to accommodate all persons wishing to attend. The FAA and PHMSA will try to accommodate all speakers, subject to time constraints.</P>
          <SIG>
            <DATED>Issued in Washington, DC, on August 24, 2012.</DATED>
            <NAME>Christopher Glasow,</NAME>
            <TITLE>Director, Office of Hazardous Materials.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21544 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <SUBJECT>Annual Materials Report on New Bridge Construction and Bridge Rehabilitation</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Section 1114 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59; 119 Stat. 1144) continued the highway bridge program to enable States to improve the condition of their highway bridges over waterways, other topographical barriers, other highways, and railroads. Section 1114(f) amended 23 United State Code (U.S.C.) 144 by adding subsection (r), requiring the Secretary of Transportation to publish in the<E T="04">Federal Register</E>a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects. As part of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244), 23 U.S.C. 144 subsection (r) became subsection (q), but the reporting requirement remained the same.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The report is posted on the FHWA Web site at:<E T="03">http://www.fhwa.dot.gov/bridge/brdgtabs.cfm.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ms. Ann Shemaka, Office of Bridge Technology, (202) 366-1575, or via email at<E T="03">ann.shemaka@dot.gov</E>or Mr. Thomas Everett, Office of Bridge Technology, (202) 366-4675, or via email at<E T="03">thomas.everett@dot.gov,</E>or for legal questions, Robert Black, (202) 366-1359, or via email at<E T="03">robert.black@dot.gov,</E>Federal Highway Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In conformance with 23 U.S.C. 144(q), FHWA has produced a report that summarizes the types of construction materials used in new bridge construction and bridge rehabilitation projects. Data on Federal-aid and non-Federal-aid highway bridges are included in the report for completeness. The December 2009 National Bridge Inventory (NBI) dataset was used to identify the material types for bridges that were new or replaced within the defined time period. The FHWA's Financial Management Information System and the 2011 NBI were used to identify the material types for bridges that were rehabilitated within the defined time period. Currently preventative maintenance projects are included in the rehabilitation totals.</P>
        <P>The report, which is available at<E T="03">http://www.fhwa.dot.gov/bridge/brdgtabs.cfm,</E>consists of the following tables:</P>
        <P>• Construction Materials for New and Replaced Bridges, a summary report which includes Federal-aid highways and non-Federal-aid highways built in 2010 and 2009.</P>
        <P>• Construction Materials for Rehabilitated Bridges, a summary report which includes Federal-aid and non-Federal-aid highways rehabilitated in 2010 and 2009.</P>
        <P>• Construction Materials for Combined New, Replaced and Rehabilitated Bridges, a summary report which combines the first two tables cited above.</P>
        <P>• Federal-aid Highways: Construction Materials for New and Replaced Bridges 2010, a detailed State-by-State report with counts and areas for Federal-aid bridges built or replaced in 2010.</P>
        <P>• Federal-aid Highways: Construction Materials for New and Replaced Bridges 2009, a detailed State-by-State report with counts and areas for Federal-aid bridges built or replaced in 2009.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for New and Replaced Bridges 2010, a detailed State-by-State report with counts and areas for non-Federal-aid bridges built or replaced in 2010.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for New and Replaced Bridges 2009, a detailed State-by-State report with counts and areas for non-Federal-aid bridges built or replaced in 2009.</P>
        <P>• Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2010, a detailed State-by-State report with counts and areas for Federal-aid bridges rehabilitated in 2010.</P>
        <P>• Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2009, a detailed State-by-State report with counts and areas for Federal-aid bridges rehabilitated in 2009.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2010, a detailed State-by-State report with counts and areas for non-Federal-aid bridges rehabilitated in 2010.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for Rehabilitated Bridges 2009, a detailed State-by-State report with counts and areas for non-Federal-aid bridges rehabilitated in 2009.</P>
        <P>• Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2010, which combines the 2010 reports on new, replaced and rehabilitated Federal-aid bridges.</P>
        <P>• Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2009, which combines the 2009 reports on new, replaced and rehabilitated Federal-aid bridges.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for New, Replaced and Rehabilitated Bridges 2010, which combines the 2010 reports on new, replaced and rehabilitated non-Federal-aid bridges.</P>
        <P>• Non-Federal-aid Highways: Construction Materials for New Replaced and Rehabilitated Bridges 2009, which combines the 2009 reports on new, replaced and rehabilitated non-Federal-aid bridges.</P>
        <P>The tables provide data for 2 years: 2009 and 2010. The 2009 data is considered complete for new, replaced and rehabilitated bridges, with a minimal likelihood of upward changes in the totals. The 2010 data is considered partially complete for new bridges and complete for rehabilitated bridges, because many new bridges built in 2010 will not appear in the NBI until they are placed into service the following year. Therefore, next year's report will include 2010's data on new bridge construction, because the data will be complete.</P>

        <P>Each table displays simple counts of bridges and total bridge deck area. Total bridge deck area is measured in square meters, by multiplying the bridge length by the deck width out-to-out. Culverts under fill are included in the counts but not in the areas because a roadway width is not collected. The data is categorized by the following material types, which are identified in the NBI: steel, concrete, pre-stressed concrete, and other. The category “other” includes wood, timber, masonry, aluminum, wrought iron, cast iron, and<PRTPAGE P="53252"/>other. Material type is the predominate type for the main span(s).</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>23 U.S.C. 144(q); Sec. 1114(f), Pub. L. 109-59, 119 Stat. 1144.</P>
        </AUTH>
        <SIG>
          <DATED>Issued on: August 24, 2012.</DATED>
          <NAME>Victor M. Mendez,</NAME>
          <TITLE>Federal Highway Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21537 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Railroad Administration</SUBAGY>
        <SUBJECT>Tier 1 Environmental Impact Statement for the Chicago, IL, to Detroit-Pontiac, MI, Regional Passenger Rail System</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of intent to prepare an environmental impact statement (EIS).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>FRA is issuing this notice of intent (Notice) to advise the public that FRA, with the Michigan Department of Transportation (Michigan DOT), will jointly prepare a Tier 1 Environmental Impact Statement (EIS) to evaluate passenger rail service improvements along the Chicago, Illinois to Detroit-Pontiac, Michigan regional passenger rail corridor (the Corridor), in compliance with the National Environmental Policy Act of 1969 (NEPA). Partnering state agencies in the development of the EIS are Illinois and Indiana Departments of Transportation (IDOT and IN DOT).</P>
          <P>The objectives of the Tier 1 EIS are to evaluate a reasonable range of alternatives, select a rail corridor, and make decisions regarding future improvements to intercity passenger rail service provided in the corridor, including increased train frequency, reduced trip time, and improved on-time performance. Alternatives under consideration will include a no-action (no-build) alternative, as well as multiple build alternatives between Chicago, Illinois and Porter, Indiana, near Battle Creek, Michigan, and in the Detroit, Michigan region. The build alternatives may include infrastructure improvements to the existing rail corridor, the development of a new rail corridor, or a combination of both.</P>
          <P>FRA is issuing this Notice to solicit public and agency input in the development of the scope of the EIS and to advise the public that FRA and Michigan DOT will conduct outreach activities for the preparation of the EIS. To ensure that all significant issues are identified and considered, all interested parties are invited to comment on the proposed scope of the environmental review. Comments on the scope of the EIS, including the proposed Project's purpose and need, alternatives to be considered, the impacts to be evaluated, and the methodologies to be used in the evaluation are encouraged.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Written comment on the scope of the Tier 1 EIS should be provided to Michigan DOT by October 15, 2012. A series of four (4) scoping meetings on September 12, 13, 26, and 27, 2012 will be hosted by Michigan DOT along the Corridor at the times and locations identified in the<E T="02">ADDRESSES</E>section below. In addition, for those who cannot make these meetings, Michigan DOT will host an online, self-directed public scoping meeting. The online public scoping meeting will be available following the publication of this Notice at<E T="03">www.GreatLakesRail.org</E>until October 15, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments may also be mailed or emailed until October 15, 2012 to Mr. Mohammed Alghurabi, Project Manager, Michigan DOT, 425 West Ottawa Street, P.O. Box 30050, Lansing, MI 48909 and email:<E T="03">alghurabim@michigan.gov.</E>If a member of the public wishes to participate in the scoping process and cannot attend one of the in-person scoping meetings, and does not have access to the Internet, they can request an informational scoping package and comment form by contacting Mr. Mohammed Alghurabi at the above address, or directly at (517) 373-7674 and toll free at (877) 351-0853.</P>
          <P>Scoping meetings will be held on: Wednesday, September 12, 4 to 7 p.m. at Chicago Union Station in the Union Gallery Room (off the Great Hall), 500 West Jackson Boulevard, Chicago, Illinois; Thursday, September 13, 4 to 7 p.m. at the Michigan City-City Hall, 100 East Michigan Boulevard, Michigan City, Indiana; Wednesday, September 26, 4 to 7 p.m. at the Doubletree Hotel, 5801 Southfield Expressway, Dearborn, Michigan; and Thursday, September 27, 4 to 7 p.m. at the Radisson Hotel, 100 West Michigan Avenue, Kalamazoo, Michigan (parking validation will be available for attendees parking in the structure across the street from the Radisson Hotel).</P>
          <P>With advanced notice of seven (7) days, Michigan DOT can make additional accommodations for persons with disabilities, and/or limited English speaking ability, and persons needing auxiliary aids or services of interpreters, signers, readers, or large print. Please contact Mr. Bob Parsons, Michigan DOT Planning directly at (517) 373-9534 and toll free at (877) 351-0853 to request accommodations.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ms. Andrea Martin, Environmental Protection Specialist, FRA, 1200 New Jersey Avenue SE., (Mail Stop 20), Washington, DC 20590 at (202) 493-6201, email:<E T="03">andrea.martin@dot.gov;</E>or Mr. Mohammed Alghurabi, Project Manager, Michigan DOT, 425 West Ottawa Street, P.O. Box 30050, Lansing, MI 48909 at (517) 373-7674 and toll free at (877) 351-0853, email:<E T="03">alghurabim@michigan.gov.</E>
          </P>

          <P>Information and documents regarding the Tier 1 EIS and environmental process will be made available for the duration of the environmental process at<E T="03">www.GreatLakesRail.org.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Chicago to Detroit-Pontiac Passenger Rail Corridor Program EIS is being developed to be consistent with the Midwest Regional Rail Initiative (MWRRI), a cooperative, multi-agency effort that began in 1996 and originally involved nine Midwest states (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, Ohio, and Wisconsin), as well as FRA and Amtrak. The MWRRI elements include: use of 3,000 miles of existing rail right of way to connect rural and urban areas; operation of a Chicago hub and spoke passenger rail system; introduction of modern, high-speed trains operating at speeds up to 110 miles per hour (mph); and multi-modal connections to improve system access. The MWRRI envisions developing a passenger rail system that offers business and leisure travelers shorter travel times, additional train frequencies, improved reliability and connections between urban centers and smaller communities. The Tier 1 EIS will evaluate alternatives for the Corridor considering the MWRRI objective “to meet current and future regional travel needs through significant improvements to the level and quality of passenger rail service” (MWRRI Executive Report, September 2004).</P>
        <P>
          <E T="03">Study Area:</E>The Corridor extends 304 miles from Chicago Union Station, in downtown Chicago, Illinois on the west to a terminal in Pontiac, Michigan to the east. The Corridor is a federally designated high speed rail (HSR) corridor with passenger service currently provided by Amtrak's Wolverine line. The Corridor is also one of the heaviest freight railroad routes in the country. The study area identified for the Tier 1 EIS includes portions of Cook County, Illinois; Lake, Porter, and La Porte Counties in Indiana; and Berrien, Cass, Kalamazoo, Calhoun,<PRTPAGE P="53253"/>Jackson, Washtenaw, Wayne, and Oakland Counties in Michigan.</P>
        <P>
          <E T="03">Service Today:</E>Intercity passenger rail service on the Corridor currently includes three daily round trips between Chicago and Detroit-Pontiac (Amtrak Wolverine Service), with an additional daily round trip between Chicago and Battle Creek, Michigan (Amtrak Blue Water Service), which continues beyond the Corridor to Port Huron, Michigan. In 2011, over 503,290 passenger trips were made between Chicago and Detroit using Amtrak's Wolverine line. Currently, passenger trains take approximately 6.5 hours to travel from Chicago's Union Station to Pontiac, Michigan. Existing passenger trains serve stations in Chicago, Illinois; Hammond-Whiting, Indiana; Michigan City, Indiana; and New Buffalo, Niles, Dowagiac, Battle Creek, Kalamazoo, Albion, Jackson, Ann Arbor, Dearborn, Detroit, Royal Oak, Birmingham and Pontiac, Michigan.</P>
        <P>When operating on the Corridor, the existing Amtrak Wolverine Service travels over tracks that are owned by several different railroads. In Illinois, the Amtrak Wolverine Service travels over Amtrak-owned track near Union Station and then transitions to track owned by Norfolk Southern until Porter, Indiana. Between Porter, Indiana and Kalamazoo, Michigan, the Amtrak Wolverine Service travels over Amtrak-owned track, which is the only section of track on the Corridor (and outside the Northeast Corridor) that allows trains to travel up to 110 mph (80 of the 97 miles of this Amtrak-owned track allow this maximum speed). In 2011, Michigan DOT entered into a purchase and sale agreement with Norfolk Southern, with financial assistance from FRA, pursuant to which Michigan DOT will acquire the 135 mile Norfolk Southern right-of-way between Kalamazoo and Dearborn, Michigan (with certain limited exceptions). At the time of publication of this Notice, that transaction had not yet closed. Once the transaction has been completed, Michigan DOT will own the right-of-way between Kalamazoo and Dearborn, Michigan (with certain limited exceptions), and Norfolk Southern will operate freight trains over that track pursuant to an easement. From Dearborn to West Detroit Junction, Michigan, the Amtrak Wolverine Service travels primarily on track owned and operated by Conrail Shared Assets Operations, which is jointly owned by CSX Transportation and Norfolk Southern. In addition, Canadian National Railroad owns the Corridor track between West Detroit Junction and Pontiac, Michigan, as well as a two-mile section of track within Battle Creek, Michigan.</P>
        <P>
          <E T="03">Travel Demand:</E>Over the last decade, there has been a demonstrated increase in demand for passenger rail within the Corridor. This growth in passenger rail travel will be diminished if existing issues affecting reliability and comfort are not addressed. Population growth in the Midwest is expected to result in increased congestion on area roadways, especially in the metropolitan areas. Michigan as a whole and Detroit in particular have seen population shrink, which emphasizes the need to implement actions to increase the attractiveness and competitiveness of the area for new business growth and reinvestment. Other pertinent demographics are projected to change that are likely to impact future ridership as well. In the near future, the number of people over age 65 will steadily increase as the baby boom generation ages. This population will begin to seek alternatives to driving automobiles as this age group's ability to safely operate motor vehicles decreases. Passenger rail can provide a needed alternative to driving the long distances between Chicago and Detroit-Pontiac. MWRRI studies report that long-term population, employment and income across the MWRRI states are all projected to grow consistently through year 2040. This growth is expected to result in a 13 percent increase in intercity travel throughout the Midwest between 2010 and 2020 and a further 28 percent increase by 2040.</P>
        <P>
          <E T="03">Trip Time:</E>The current passenger rail service is not competitive with other modes of travel. In 2011, Michigan's Amtrak corridor had the worst on-time performance of the Amtrak system, being on time only 33.1% of the time due to infrastructure and facility deficiencies. Amtrak's shortest existing service between Detroit and Chicago is estimated at 5 hours and 36 minutes. If infrastructure improvements are made to alleviate the congested conditions within the corridor and conditions are improved to allow train speeds to increase to 110 mph along the Corridor, end-to-end Chicago to Detroit-Pontiac travel time could be reduced by approximately 2 hours. This travel time savings would make passenger rail service more likely to succeed in attracting ridership, increasing mobility and providing greater environmental benefits within the Corridor.</P>
        <P>
          <E T="03">Travel Options:</E>The lack of existing capacity and the sharing of track between freight and passenger trains currently create operational problems that restrict both mobility and economic development. These restrictions are demonstrated by the lengthy delays for existing passenger rail service operating within the study area, especially between Chicago, Illinois and Porter, Indiana, near Battle Creek, Michigan, as well as in the Detroit, Michigan region. In addition, infrastructure improvements have been identified by the MWRRI as necessary for enhanced passenger rail service within the Corridor. This includes operational improvements at Chicago Union Station and upgraded track and signaling between Kalamazoo and Detroit-Pontiac. Station facilities along the Corridor are also not ideal for providing easy access to passenger rail. A good indicator of the track condition is demonstrated by the issuance of a number of slow orders by Norfolk Southern including those most recently issued in March 2012. These slow orders are issued to decrease the maximum speed on sections of track where there are safety concerns. This affects passenger rail service performance. The latest slow order decreased speeds to 25-30 mph in the affected sections of track between Kalamazoo and Detroit.</P>
        <P>Infrastructure investment needed to increase train speed will also allow an increase in the frequency of service. Enhanced capacity of Corridor infrastructure would make the service more reliable and more likely to succeed in attracting ridership, increasing mobility and enhancing transit oriented economic development opportunities near proposed stations. Improved intercity passenger rail service in the Corridor would provide a reliable alternative travel mode to avoid increasingly congested Midwest highways and airports and substantial travel delays resulting from existing conditions, including peak hour highway delays, security, and related delays associated with air travel, and adverse weather conditions. The need to reduce highway congestion and delays at airports, and to ease the transportation-related effects of further population growth over the long term, is becoming increasingly imperative within the Corridor.</P>
        <P>
          <E T="03">Environmental Review Process:</E>FRA and Michigan DOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion of the environmental review of the Chicago to Detroit-Pontiac Passenger Rail Corridor Program. Tiering is a staged environmental review process applied to environmental reviews for complex projects. This process will address broad corridor-level issues and alternatives. Subsequent phases or tiers will analyze, at a greater level of detail,<PRTPAGE P="53254"/>narrower site-specific proposals based on the decisions made in the Tier 1 EIS.</P>
        <P>
          <E T="03">Tier 1:</E>The Tier 1 EIS and any subsequent environmental documents will be developed in accordance with Council on Environmental Quality (CEQ) regulations (40 CFR part 1500 et seq.) implementing NEPA and FRA's Procedures for Considering Environmental Impacts (64 FR 28545; May 26, 1999). The Tier 1 assessment will result in an EIS with the appropriate level of detail for corridor-level decisions and will address broad overall issues of concern, including but not limited to:</P>
        <P>• Confirming the purpose and need for the proposed action.</P>
        <P>• Confirming the study area appropriate to assess reasonable alternatives.</P>
        <P>• Identifying a comprehensive set of goals and objectives for the corridor in conjunction with Program stakeholders. These goals and objectives will be crafted to allow comprehensive evaluation of all aspects of the Corridor necessary to achieve the goals, including train operations, vehicles, and infrastructure.</P>
        <P>• Identifying the range of reasonable alternatives to be considered, consistent with the current and planned use of the corridor and the existing services within and adjacent to the study area, as well as considering a no-action (no-build) alternative.</P>
        <P>• Developing alternative evaluation criteria to identify alternatives that meet the purpose and need of the proposed action and those that do not.</P>
        <P>• Identifying the general alignment(s) of the reasonable build alternatives.</P>
        <P>• Identifying general right-of-way requirements for the reasonable build alternatives.</P>
        <P>• Identifying, at a corridor planning level, the infrastructure and equipment investment requirements for the reasonable build alternatives.</P>
        <P>• Including the consideration of the no-build alternative which will be studied as the baseline for comparison with the build alternatives. The no-build alternative represents other transportation modes such as auto, air travel, intercity bus, and existing rail and the physical characteristics and capacities as they exist at the time of the Tier 1 EIS, with planned and funded improvements that will be in place at the time the Project becomes operational.</P>
        <P>• Evaluating and describing, at a corridor planning level, the potential environmental consequences (benefits and impacts to the built and natural environment) associated with the reasonable alternative alignments and proposed changes in passenger rail train frequency, speed, and on-time performance.</P>
        <P>• Establishing the timing and sequencing of independent actions to maintain a state of good repair and to implement the proposed action.</P>
        <P>• Selecting a corridor route alignment for further study at Tier 2.</P>
        <P>• Addressing subsequent component actions for Tier 2 NEPA documentation as described below.</P>
        <P>
          <E T="03">Tier 2:</E>The second tier assessment(s) will address component projects to be implemented within the general corridor identified in the Tier 1 EIS, and will incorporate by reference the data and evaluations included in the Tier 1 EIS. Subsequent evaluations will concentrate on the issues specific to the component of the selected alternative identified in the Tier 1 EIS, identify the site-specific alternatives that meet the purpose and need for each component project, and analyze the specific environmental consequences and measures necessary to mitigate environmental impacts at a site-specific level of detail.</P>
        <P>
          <E T="03">Scoping and Public Involvement:</E>FRA encourages broad participation in the EIS process during scoping and subsequent review of the resulting environmental documents. FRA and Michigan DOT are inviting comments and suggestions regarding the scope of the Tier 1 EIS from all interested parties, to ensure that all issues are addressed related to this proposal and that any significant impacts are identified. Comments or questions concerning the proposed Program and/or the Tier 1 EIS should be directed to Mr. Mohammed Alghurabi, Michigan DOT at the above address. Letters that include this Notice and related study area will be sent to the appropriate Federal, State and local agencies, Native American tribes and to private organizations who might have previously expressed or who are known to have an interest in this proposal.</P>

        <P>Michigan DOT will lead the outreach activities, beginning with the four (4) scoping meetings and the online scoping meeting described above. Public involvement initiatives, including public meetings, newsletters, and outreach will be held throughout the course of this study. Opportunities for public participation will be announced through mailings, notices, advertisements, press releases and at<E T="03">www.GreatLakesRail.org.</E>
        </P>
        <SIG>
          <NAME>Corey Hill,</NAME>
          <TITLE>Director, Rail Project Development and Delivery, Federal Railroad Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21587 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Surface Transportation Board</SUBAGY>
        <DEPDOC>[Docket No. FD 34554 (Sub-No. 16)]</DEPDOC>
        <SUBJECT>Union Pacific Railroad Company—Temporary Trackage Rights Exemption; BNSF Railway Company</SUBJECT>
        <P>Pursuant to a modified written temporary trackage rights agreement dated August 10, 2012, BNSF Railway Company (BNSF) has agreed to extend the December 18, 2011 expiration date of the local trackage rights granted to Union Pacific Railroad Company (UP)<SU>1</SU>
          <FTREF/>over BNSF's line of railroad extending between BNSF mileposts 579.3 near Mill Creek, Okla., and 631.1 near Joe Junction, Tex., a distance of approximately 51 miles.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>1</SU>UP submits that the trackage rights being granted here are only temporary rights but, because they are “local” rather than “overhead” rights, they do not qualify for the Board's class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8).<E T="03">See R.R. Consolidation Procedures,</E>6 S.T.B. 910 (2003). Therefore, UP concurrently has filed a petition for partial revocation of this exemption in<E T="03">Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company,</E>Docket No. FD 34554 (Sub-No. 17), wherein UP requests that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 31, 2012, as provided in the parties' agreement. That petition will be addressed by the Board in a separate decision.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>The trackage rights were originally granted in<E T="03">Union Pacific Railroad Company—Temporary Trackage Rights Exemption—The Burlington Northern and Santa Fe Railway Company,</E>FD 34554 (STB served Oct. 7, 2004). Subsequently, the parties filed notices of exemption several times based on their agreements to extend expiration dates of the same trackage rights.<E T="03">See</E>FD 34554 (Sub-No. 2) (STB served Feb. 11, 2005); FD 34554 (Sub-No. 4) (STB served Mar. 3, 2006); FD 34554 (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 (Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 (Sub-No. 10) (STB served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 2009); and FD 34554 (Sub-No. 14) (STB served Feb. 11, 2011). Because the original and subsequent trackage rights notices were filed under the class exemption at 49 CFR 1180.2(d)(7), under which trackage rights normally remain effective indefinitely, in each instance the Board granted partial revocation of the class exemption to permit the authorized trackage rights to expire.<E T="03">See</E>FD 34554 (Sub-No. 1) (STB served Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB served Mar. 25, 2005); FD 34554 (Sub-No. 5) (STB served Mar. 23, 2006); FD 34554 (Sub-No. 7) (STB served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB served Mar. 11, 2009); FD 34554 (Sub-No. 13) (STB served Mar. 15, 2010); and FD 34554 (Sub-No. 15) (STB served Apr. 15, 2011). At the time of the extension authorized in Docket No. FD 34554 (Sub-No. 14), the parties anticipated that the authority to allow the rights to expire would be exercised by December 18, 2011. However, the parties filed on August 16, 2012, in Docket No. FD 34554 (Sub-No. 16) their most recent notice of exemption to allow the trackage rights to be extended to on or about December 31, 2012, which we are addressing here.</P>
        </FTNT>

        <P>The transaction is scheduled to be consummated on or after September 15,<PRTPAGE P="53255"/>2012, the effective date of the exemption (30 days after the exemption is filed).</P>
        <P>The purpose of this transaction is to modify the temporary trackage rights exempted in Docket No. FD 34554 (Sub-No. 14) to further extend the expiration date to on or about December 31, 2012. The modified trackage rights will permit UP to continue to move loaded and empty ballast trains for use in its maintenance-of-way projects.</P>

        <P>As a condition to this exemption, any employee affected by the trackage rights will be protected by the conditions imposed in<E T="03">Norfolk &amp; Western Railway—Trackage Rights—Burlington Northern, Inc.,</E>354 I.C.C. 605 (1978), as modified in<E T="03">Mendocino Coast Railway—Lease &amp; Operate—California Western Railroad,</E>360 I.C.C. 653 (1980).</P>

        <P>This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void<E T="03">ab initio.</E>Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by September 7, 2012 (at least 7 days before the exemption becomes effective).</P>
        <P>An original and 10 copies of all pleadings, referring to Docket No. FD 34554 (Sub-No. 16), must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Elisa B. Davies, General Attorney, Union Pacific Railroad Company, 1400 Douglas Street, Mail Stop 1580, Omaha, NE 68179.</P>

        <P>Board decisions and notices are available on our Web site at<E T="03">www.stb.dot.gov.</E>
        </P>
        <SIG>
          <DATED/>
          <P>Decided: August 27, 2012.</P>
          
          <P>By the Board, Rachel D. Campbell, Director, Office of Proceedings.</P>
          
          <NAME>Derrick A. Gardner,</NAME>
          <TITLE>Clearance Clerk.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21578 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4915-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Art Advisory Panel; Notice of Closed Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service, Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Closed Meeting of Art Advisory Panel.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Closed meeting of the Art Advisory Panel will be held in Washington, DC.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 20, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The closed meeting of the Art Advisory Panel will be held on September 20, 2012 at 999 North Capitol Street NE., Washington, DC 20002, at 9:00 a.m.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ruth M. Vriend, C:AP:P&amp;V:ART, 999 N. Capitol Street NE., Washington, DC 20002. Telephone (202) 435-5739 (not a toll free number).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App., that a closed meeting of the Art Advisory Panel will be held on September 20, 2012, at 999 N. Capitol Street NE., Washington, DC, at 9:00 a.m.</P>
        <P>The agenda will consist of the review and evaluation of the acceptability of fair market value appraisals of works of art involved in Federal income, estate, or gift tax returns. This will involve the discussion of material in individual tax returns made confidential by the provisions of 26 U.S.C. 6103.</P>
        <P>A determination as required by section 10(d) of the Federal Advisory Committee Act has been made that this meeting is concerned with matters listed in Section 552b(c)(3), (4), (6), and (7), and that the meeting will not be open to the public.</P>
        <SIG>
          <NAME>Chris Wagner,</NAME>
          <TITLE>Chief, Appeals.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-21496 Filed 8-30-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>77</VOL>
  <NO>170</NO>
  <DATE>Friday, August 31, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="53257"/>
      <PARTNO>Part II</PARTNO>
      <AGENCY TYPE="P">Department of Health and Human Services</AGENCY>
      <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
      <HRULE/>
      <CFR>42 CFR Parts 412, 413, 424, et al.</CFR>
      <TITLE>Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; Hospitals'  Resident Caps for Graduate Medical Education Payment Purposes; Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers; Final Rule</TITLE>
    </PTITLE>
    <RULES>
      <RULE>
        <PREAMB>
          <PRTPAGE P="53258"/>
          <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
          <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
          <CFR>42 CFR Parts 412, 413, 424, and 476</CFR>
          <DEPDOC>[CMS-1588-F]</DEPDOC>
          <RIN>RIN 0938-AR12</RIN>
          <SUBJECT>Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; Hospitals' Resident Caps for Graduate Medical Education Payment Purposes; Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers</SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>Centers for Medicare and Medicaid Services (CMS), HHS.</P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Final rule.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>
            <P>We are revising the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems. Some of the changes implement certain statutory provisions contained in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and other legislation. These changes will be applicable to discharges occurring on or after October 1, 2012, unless otherwise specified in this final rule. We also are updating the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The updated rate-of-increase limits will be effective for cost reporting periods beginning on or after October 1, 2012.</P>
            <P>We are updating the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) and implementing certain statutory changes made by the Affordable Care Act. Generally, these changes will be applicable to discharges occurring on or after October 1, 2012, unless otherwise specified in this final rule.</P>
            <P>In addition, we are implementing changes relating to determining a hospital's full-time equivalent (FTE) resident cap for the purpose of graduate medical education (GME) and indirect medical education (IME) payments. We are establishing new requirements or revised requirements for quality reporting by specific providers (acute care hospitals, PPS-exempt cancer hospitals, LTCHs, and inpatient psychiatric facilities (IPFs)) that are participating in Medicare. We also are establishing new administrative, data completeness, and extraordinary circumstance waivers or extension requests requirements, as well as a reconsideration process, for quality reporting by ambulatory surgical centers (ASCs) that are participating in Medicare.</P>
            <P>We are establishing requirements for the Hospital Value-Based Purchasing (VBP) Program and the Hospital Readmissions Reduction Program.</P>
          </SUM>
          <DATES>
            <HD SOURCE="HED">DATES:</HD>
            <P>
              <E T="03">Effective date:</E>This final rule is effective on October 1, 2012.</P>
          </DATES>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P/>
            <FP SOURCE="FP-1">Tzvi Hefter, (410) 786-4487, and Ing-Jye Cheng, (410) 786-4548, Operating Prospective Payment, MS-DRGs, Hospital Acquired Conditions (HAC), Wage Index, New Medical Service and Technology Add-On Payments, Hospital Geographic Reclassifications, Graduate Medical Education, Capital Prospective Payment, Excluded Hospitals, Medicare Disproportionate Share Hospital (DSH), and Postacute Care Transfer Issues.</FP>
            <FP SOURCE="FP-1">Michele Hudson, (410) 786-4487, and Judith Richter, (410) 786-2590, Long-Term Care Hospital Prospective Payment System and MS-LTC-DRG Relative Weights Issues.</FP>
            <FP SOURCE="FP-1">Bridget Dickensheets, (410) 786-8670, Market Basket for LTCHs Issues.</FP>
            <FP SOURCE="FP-1">Siddhartha Mazumdar, (410) 786-6673, Rural Community Hospital Demonstration Program Issues.</FP>
            <FP SOURCE="FP-1">James Poyer, (410) 786-2261, Hospital Inpatient Quality Reporting and Hospital Value-Based Purchasing—Program Administration, Validation, and Reconsideration Issues.</FP>
            <FP SOURCE="FP-1">Shaheen Halim, (410) 786-0641, Hospital Inpatient Quality Reporting—Measures Issues Except Hospital Consumer Assessment of Healthcare Providers and Systems Issues; and Readmission Measures for Hospitals Issues.</FP>
            <FP SOURCE="FP-1">Elizabeth Goldstein, (410) 786-6665, Hospital Inpatient Quality Reporting—Hospital Consumer Assessment of Healthcare Providers and Systems Measures Issues.</FP>
            <FP SOURCE="FP-1">Mary Pratt, (410) 786-6867, LTCH Quality Data Reporting Issues.</FP>
            <FP SOURCE="FP-1">Kim Spalding Bush, (410) 786-3232, Hospital Value-Based Purchasing Efficiency Measures Issues.</FP>
            <FP SOURCE="FP-1">James Poyer, (410) 786-2261, and Barbara Choo, (410) 786-4449, Inpatient Psychiatric Facility Quality Reporting Issues and PPS-Exempt Cancer Hospital Quality Reporting Issues.</FP>
            <FP SOURCE="FP-1">Anita Bhatia, (410) 786-7236, Ambulatory Surgical Center Quality Reporting (ASCQR) Program Issues.</FP>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P/>
          <HD SOURCE="HD1">Electronic Access</HD>
          <P>This<E T="04">Federal Register</E>document is also available from the<E T="04">Federal Register</E>online database through the U.S. Government Printing Office Web page at:<E T="03">http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR</E>. Free public access is available on a Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web (the Superintendent of Documents' home Web page address), by using local WAIS client software, or by telnet to<E T="03">swais.access.gpo.gov</E>, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512-1661; type swais, then login as guest (no password required).</P>
          <HD SOURCE="HD1">Tables Available Only Through the Internet on the CMS Web Site</HD>

          <P>In the past, a majority of the tables referred to throughout this preamble and in the Addendum to this final rule were published in the<E T="04">Federal Register</E>as part of the annual proposed and final rules. However, beginning in FY 2012, some of the IPPS tables and LTCH PPS tables are no longer published in the<E T="04">Federal Register</E>. Instead, these tables will be available only through the Internet. The IPPS tables for this final rule are available only through the Internet on the CMS Web site at:<E T="03">http://www.cms.hhs.gov/Medicare/medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html</E>. Click on the link on the left side of the screen titled, “FY 2013 IPPS Final Rule Home Page” or “Acute Inpatient—Files for Download”. The LTCH PPS tables for this FY 2013 final rule are available only through the Internet on the CMS Web site at:<E T="03">http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/LongTermCareHospitalPPS/index.html</E>under the list item for Regulation Number CMS-1588-F. For complete details on the availability of the tables referenced in this final rule, we refer readers to section VI. of the Addendum to this final rule.</P>

          <P>Readers who experience any problems accessing any of the tables that are posted on the CMS Web sites identified above should contact Nisha Bhat at (410) 786-4487.<PRTPAGE P="53259"/>
          </P>
          <HD SOURCE="HD1">Acronyms</HD>
          <EXTRACT>
            <FP SOURCE="FP-1">3M3M Health Information System</FP>
            <FP SOURCE="FP-1">AAMCAssociation of American Medical Colleges</FP>
            <FP SOURCE="FP-1">ACGMEAccreditation Council for Graduate Medical Education</FP>
            <FP SOURCE="FP-1">AHAAmerican Hospital Association</FP>
            <FP SOURCE="FP-1">AHICAmerican Health Information Community</FP>
            <FP SOURCE="FP-1">AHIMAAmerican Health Information Management Association</FP>
            <FP SOURCE="FP-1">AHRQAgency for Healthcare Research and Quality</FP>
            <FP SOURCE="FP-1">ALOSAverage length of stay</FP>
            <FP SOURCE="FP-1">ALTHAAcute Long Term Hospital Association</FP>
            <FP SOURCE="FP-1">AMAAmerican Medical Association</FP>
            <FP SOURCE="FP-1">AMGAAmerican Medical Group Association</FP>
            <FP SOURCE="FP-1">AOAAmerican Osteopathic Association</FP>
            <FP SOURCE="FP-1">APR DRGAll Patient Refined Diagnosis Related Group System</FP>
            <FP SOURCE="FP-1">ARRAAmerican Recovery and Reinvestment Act of 2009, Public Law 111-5</FP>
            <FP SOURCE="FP-1">ASCAmbulatory Surgical Center</FP>
            <FP SOURCE="FP-1">ASCAAdministrative Simplification Compliance Act of 2002, Public Law 107-105</FP>
            <FP SOURCE="FP-1">ASCQRAmbulatory Surgical Center Quality Reporting</FP>
            <FP SOURCE="FP-1">ASITNAmerican Society of Interventional and Therapeutic Neuroradiology</FP>
            <FP SOURCE="FP-1">BBABalanced Budget Act of 1997, Public Law 105-33</FP>
            <FP SOURCE="FP-1">BBRAMedicare, Medicaid, and SCHIP [State Children's Health Insurance Program] Balanced Budget Refinement Act of 1999, Public Law 106-113</FP>
            <FP SOURCE="FP-1">BIPAMedicare, Medicaid, and SCHIP [State Children's Health Insurance Program] Benefits Improvement and Protection Act of 2000, Public Law 106-554</FP>
            <FP SOURCE="FP-1">BLSBureau of Labor Statistics</FP>
            <FP SOURCE="FP-1">CAHCritical access hospital</FP>
            <FP SOURCE="FP-1">CARE[Medicare] Continuity Assessment Record &amp; Evaluation [Instrument]</FP>
            <FP SOURCE="FP-1">CARTCMS Abstraction &amp; Reporting Tool</FP>
            <FP SOURCE="FP-1">CBSAsCore-based statistical areas</FP>
            <FP SOURCE="FP-1">CCComplication or comorbidity</FP>
            <FP SOURCE="FP-1">CCRCost-to-charge ratio</FP>
            <FP SOURCE="FP-1">CDAC[Medicare] Clinical Data Abstraction Center</FP>
            <FP SOURCE="FP-1">CDAD<E T="03">Clostridium difficile</E>-associated disease</FP>
            <FP SOURCE="FP-1">CDCCenter for Disease Control and Prevention</FP>
            <FP SOURCE="FP-1">CIPICapital input price index</FP>
            <FP SOURCE="FP-1">CMICase-mix index</FP>
            <FP SOURCE="FP-1">CMSCenters for Medicare &amp; Medicaid Services</FP>
            <FP SOURCE="FP-1">CMSAConsolidated Metropolitan Statistical Area</FP>
            <FP SOURCE="FP-1">COBRAConsolidated Omnibus Reconciliation Act of 1985, Public Law 99-272</FP>
            <FP SOURCE="FP-1">COLACost-of-living adjustment</FP>
            <FP SOURCE="FP-1">CoP[Hospital] condition of participation</FP>
            <FP SOURCE="FP-1">CPIConsumer price index</FP>
            <FP SOURCE="FP-1">CRNACertified Registered Nurse Anesthetist</FP>
            <FP SOURCE="FP-1">CYCalendar year</FP>
            <FP SOURCE="FP-1">DPPDisproportionate patient percentage</FP>
            <FP SOURCE="FP-1">DRADeficit Reduction Act of 2005, Public Law 109-171</FP>
            <FP SOURCE="FP-1">DRGDiagnosis-related group</FP>
            <FP SOURCE="FP-1">DSHDisproportionate share hospital</FP>
            <FP SOURCE="FP-1">ECIEmployment cost index</FP>
            <FP SOURCE="FP-1">EDB[Medicare] Enrollment Database</FP>
            <FP SOURCE="FP-1">EHRElectronic health record</FP>
            <FP SOURCE="FP-1">EMRElectronic medical record</FP>
            <FP SOURCE="FP-1">FAHFederation of Hospitals</FP>
            <FP SOURCE="FP-1">FDAFood and Drug Administration</FP>
            <FP SOURCE="FP-1">FFYFederal fiscal year</FP>
            <FP SOURCE="FP-1">FQHCFederally qualified health center</FP>
            <FP SOURCE="FP-1">FTEFull-time equivalent</FP>
            <FP SOURCE="FP-1">FYFiscal year</FP>
            <FP SOURCE="FP-1">GAAPGenerally Accepted Accounting Principles</FP>
            <FP SOURCE="FP-1">GAFGeographic Adjustment Factor</FP>
            <FP SOURCE="FP-1">GMEGraduate medical education</FP>
            <FP SOURCE="FP-1">HACsHospital-acquired conditions</FP>
            <FP SOURCE="FP-1">HCAHPSHospital Consumer Assessment of Healthcare Providers and Systems</FP>
            <FP SOURCE="FP-1">HCFAHealth Care Financing Administration</FP>
            <FP SOURCE="FP-1">HCOHigh-cost outlier</FP>
            <FP SOURCE="FP-1">HCRISHospital Cost Report Information System</FP>
            <FP SOURCE="FP-1">HHAHome health agency</FP>
            <FP SOURCE="FP-1">HHSDepartment of Health and Human Services</FP>
            <FP SOURCE="FP-1">HICANHealth Insurance Claims Account Number</FP>
            <FP SOURCE="FP-1">HIPAAHealth Insurance Portability and Accountability Act of 1996, Public Law 104-191</FP>
            <FP SOURCE="FP-1">HIPCHealth Information Policy Council</FP>
            <FP SOURCE="FP-1">HISHealth information system</FP>
            <FP SOURCE="FP-1">HITHealth information technology</FP>
            <FP SOURCE="FP-1">HMOHealth maintenance organization</FP>
            <FP SOURCE="FP-1">HPMPHospital Payment Monitoring Program</FP>
            <FP SOURCE="FP-1">HSAHealth savings account</FP>
            <FP SOURCE="FP-1">HSCRC[Maryland] Health Services Cost Review Commission</FP>
            <FP SOURCE="FP-1">HSRVHospital-specific relative value</FP>
            <FP SOURCE="FP-1">HSRVccHospital-specific relative value cost center</FP>
            <FP SOURCE="FP-1">HQAHospital Quality Alliance</FP>
            <FP SOURCE="FP-1">HQIHospital Quality Initiative</FP>
            <FP SOURCE="FP-1">ICD-9-CMInternational Classification of Diseases, Ninth Revision, Clinical Modification</FP>
            <FP SOURCE="FP-1">ICD-10-CMInternational Classification of Diseases, Tenth Revision, Clinical Modification</FP>
            <FP SOURCE="FP-1">ICD-10-PCSInternational Classification of Diseases, Tenth Revision, Procedure Coding System</FP>
            <FP SOURCE="FP-1">ICRInformation collection requirement</FP>
            <FP SOURCE="FP-1">IGIIHS Global Insight, Inc.</FP>
            <FP SOURCE="FP-1">IHSIndian Health Service</FP>
            <FP SOURCE="FP-1">IMEIndirect medical education</FP>
            <FP SOURCE="FP-1">I-OInput-Output</FP>
            <FP SOURCE="FP-1">IOMInstitute of Medicine</FP>
            <FP SOURCE="FP-1">IPFInpatient psychiatric facility</FP>
            <FP SOURCE="FP-1">IPPS[Acute care hospital] inpatient prospective payment system</FP>
            <FP SOURCE="FP-1">IRFInpatient rehabilitation facility</FP>
            <FP SOURCE="FP-1">IQRInpatient Quality Reporting</FP>
            <FP SOURCE="FP-1">LAMCsLarge area metropolitan counties</FP>
            <FP SOURCE="FP-1">LOSLength of stay</FP>
            <FP SOURCE="FP-1">LTC-DRGLong-term care diagnosis-related group</FP>
            <FP SOURCE="FP-1">LTCHLong-term care hospital</FP>
            <FP SOURCE="FP-1">LTCHQRLong-Term Care Hospital Quality Reporting</FP>
            <FP SOURCE="FP-1">MAMedicare Advantage</FP>
            <FP SOURCE="FP-1">MACMedicare Administrative Contractor</FP>
            <FP SOURCE="FP-1">MCCMajor complication or comorbidity</FP>
            <FP SOURCE="FP-1">MCEMedicare Code Editor</FP>
            <FP SOURCE="FP-1">MCOManaged care organization</FP>
            <FP SOURCE="FP-1">MCVMajor cardiovascular condition</FP>
            <FP SOURCE="FP-1">MDCMajor diagnostic category</FP>
            <FP SOURCE="FP-1">MDHMedicare-dependent, small rural hospital</FP>
            <FP SOURCE="FP-1">MedPACMedicare Payment Advisory Commission</FP>
            <FP SOURCE="FP-1">MedPARMedicare Provider Analysis and Review File</FP>
            <FP SOURCE="FP-1">MEIMedicare Economic Index</FP>
            <FP SOURCE="FP-1">MGCRBMedicare Geographic Classification Review Board</FP>
            <FP SOURCE="FP-1">MIEA-TRHCAMedicare Improvements and Extension Act, Division B of the Tax Relief and Health Care Act of 2006, Public Law 109-432</FP>
            <FP SOURCE="FP-1">MIPPAMedicare Improvements for Patients and Providers Act of 2008, Public Law 110-275</FP>
            <FP SOURCE="FP-1">MMAMedicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173</FP>
            <FP SOURCE="FP-1">MMEAMedicare and Medicaid Extenders Act of 2010, Public Law 111-309</FP>
            <FP SOURCE="FP-1">MMSEAMedicare, Medicaid, and SCHIP Extension Act of 2007, Public Law 110-173</FP>
            <FP SOURCE="FP-1">MRHFPMedicare Rural Hospital Flexibility Program</FP>
            <FP SOURCE="FP-1">MRSAMethicillin-resistant<E T="03">Staphylococcus aureus</E>
            </FP>
            <FP SOURCE="FP-1">MSAMetropolitan Statistical Area</FP>
            <FP SOURCE="FP-1">MS-DRGMedicare severity diagnosis-related group</FP>
            <FP SOURCE="FP-1">MS-LTC-DRGMedicare severity long-term care diagnosis-related group</FP>
            <FP SOURCE="FP-1">NAICSNorth American Industrial Classification System</FP>
            <FP SOURCE="FP-1">NALTHNational Association of Long Term Hospitals</FP>
            <FP SOURCE="FP-1">NCDNational coverage determination</FP>
            <FP SOURCE="FP-1">NCHSNational Center for Health Statistics</FP>
            <FP SOURCE="FP-1">NCQANational Committee for Quality Assurance</FP>
            <FP SOURCE="FP-1">NCVHSNational Committee on Vital and Health Statistics</FP>
            <FP SOURCE="FP-1">NECMANew England County Metropolitan Areas</FP>
            <FP SOURCE="FP-1">NHSNNational Healthcare Safety Network</FP>
            <FP SOURCE="FP-1">NQFNational Quality Forum</FP>
            <FP SOURCE="FP-1">NTISNational Technical Information Service</FP>
            <FP SOURCE="FP-1">NTTAANational Technology Transfer and Advancement Act of 1991 (Pub. L. 104-113)</FP>
            <FP SOURCE="FP-1">NVHRINational Voluntary Hospital Reporting Initiative</FP>
            <FP SOURCE="FP-1">OACT[CMS'] Office of the Actuary</FP>
            <FP SOURCE="FP-1">OBRA 86Omnibus Budget Reconciliation Act of 1986, Public Law 99-509</FP>
            <FP SOURCE="FP-1">OESOccupational employment statistics</FP>
            <FP SOURCE="FP-1">OIGOffice of the Inspector General</FP>
            <FP SOURCE="FP-1">OMBExecutive Office of Management and Budget</FP>
            <FP SOURCE="FP-1">OPMU.S. Office of Personnel Management</FP>
            <FP SOURCE="FP-1">O.R.Operating room</FP>
            <FP SOURCE="FP-1">OSCAROnline Survey Certification and Reporting [System]</FP>
            <FP SOURCE="FP-1">PCHPPS-exempt cancer hospital</FP>
            <FP SOURCE="FP-1">PCHQRPPS-exempt cancer hospital quality reporting</FP>
            <FP SOURCE="FP-1">PMSAsPrimary metropolitan statistical areas</FP>
            <FP SOURCE="FP-1">POAPresent on admission</FP>
            <FP SOURCE="FP-1">PPIProducer price index</FP>
            <FP SOURCE="FP-1">PPSProspective payment system</FP>
            <FP SOURCE="FP-1">PRMProvider Reimbursement Manual<PRTPAGE P="53260"/>
            </FP>
            <FP SOURCE="FP-1">ProPACProspective Payment Assessment Commission</FP>
            <FP SOURCE="FP-1">PRRBProvider Reimbursement Review Board</FP>
            <FP SOURCE="FP-1">PRTFsPsychiatric residential treatment facilities</FP>
            <FP SOURCE="FP-1">PSFProvider-Specific File</FP>
            <FP SOURCE="FP-1">PS&amp;RProvider Statistical and Reimbursement (System)</FP>
            <FP SOURCE="FP-1">QIGQuality Improvement Group, CMS</FP>
            <FP SOURCE="FP-1">QIOQuality Improvement Organization</FP>
            <FP SOURCE="FP-1">RCEReasonable compensation equivalent</FP>
            <FP SOURCE="FP-1">RHCRural health clinic</FP>
            <FP SOURCE="FP-1">RHQDAPUReporting hospital quality data for annual payment update</FP>
            <FP SOURCE="FP-1">RNHCIReligious nonmedical health care institution</FP>
            <FP SOURCE="FP-1">RPLRehabilitation psychiatric long-term care (hospital)</FP>
            <FP SOURCE="FP-1">RRCRural referral center</FP>
            <FP SOURCE="FP-1">RTIResearch Triangle Institute, International</FP>
            <FP SOURCE="FP-1">RUCAsRural-urban commuting area codes</FP>
            <FP SOURCE="FP-1">RYRate year</FP>
            <FP SOURCE="FP-1">SAFStandard Analytic File</FP>
            <FP SOURCE="FP-1">SCHSole community hospital</FP>
            <FP SOURCE="FP-1">SFYState fiscal year</FP>
            <FP SOURCE="FP-1">SICStandard Industrial Classification</FP>
            <FP SOURCE="FP-1">SNFSkilled nursing facility</FP>
            <FP SOURCE="FP-1">SOCsStandard occupational classifications</FP>
            <FP SOURCE="FP-1">SOMState Operations Manual</FP>
            <FP SOURCE="FP-1">SSOShort-stay outlier</FP>
            <FP SOURCE="FP-1">TEFRATax Equity and Fiscal Responsibility Act of 1982, Public Law 97-248</FP>
            <FP SOURCE="FP-1">TEPTechnical expert panel</FP>
            <FP SOURCE="FP-1">TMATMA [Transitional Medical Assistance], Abstinence Education, and QI [Qualifying Individuals] Programs Extension Act of 2007, Public Law 110-90</FP>
            <FP SOURCE="FP-1">TPSTotal Performance Score</FP>
            <FP SOURCE="FP-1">UHDDSUniform hospital discharge data set</FP>
          </EXTRACT>
          <HD SOURCE="HD1">Table of Contents</HD>
          <EXTRACT>
            <FP SOURCE="FP-2">I. Executive Summary and Background</FP>
            <FP SOURCE="FP1-2">A. Executive Summary</FP>
            <FP SOURCE="FP1-2">1. Purpose and Legal Authority</FP>
            <FP SOURCE="FP1-2">2. Summary of the Major Provisions</FP>
            <FP SOURCE="FP1-2">3. Summary of Costs and Benefits</FP>
            <FP SOURCE="FP1-2">B. Summary</FP>
            <FP SOURCE="FP1-2">1. Acute Care Hospital Inpatient Prospective Payment System (IPPS)</FP>
            <FP SOURCE="FP1-2">2. Hospitals and Hospital Units Excluded From the IPPS</FP>
            <FP SOURCE="FP1-2">3. Long-Term Care Hospital Prospective Payment System (LTCH PPS)</FP>
            <FP SOURCE="FP1-2">4. Critical Access Hospitals (CAHs)</FP>
            <FP SOURCE="FP1-2">5. Payments for Graduate Medical Education (GME)</FP>
            <FP SOURCE="FP1-2">C. Provisions of the Patient Protection and Affordable Care Act (Pub. L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) Applicable to FY 2013</FP>
            <FP SOURCE="FP1-2">D. Issuance of a Notice of Proposed Rulemaking</FP>
            <FP SOURCE="FP-2">II. Changes to Medicare Severity Diagnosis-Related Group (MS-DRG) Classifications and Relative Weights</FP>
            <FP SOURCE="FP1-2">A. Background</FP>
            <FP SOURCE="FP1-2">B. MS-DRG Reclassifications</FP>
            <FP SOURCE="FP1-2">C. Adoption of the MS-DRGs in FY 2008</FP>
            <FP SOURCE="FP1-2">D. FY 2013 MS-DRG Documentation and Coding Adjustment, Including the Applicability to the Hospital-Specific Rates and the Puerto Rico-Specific Standardized Amount</FP>
            <FP SOURCE="FP1-2">1. Background on the Prospective MS-DRG Documentation and Coding Adjustments for FY 2008 and FY 2009 Authorized by Public Law 110-90</FP>
            <FP SOURCE="FP1-2">2. Prospective Adjustment to the Average Standardized Amounts Required by Section 7(b)(1)(A) of Public Law 110-90</FP>
            <FP SOURCE="FP1-2">3. Recoupment or Repayment Adjustments in FYs 2010 through 2012 Required by Public Law 110-90</FP>
            <FP SOURCE="FP1-2">4. Retrospective Evaluation of FY 2008 and FY 2009 Claims Data</FP>
            <FP SOURCE="FP1-2">5. Prospective Adjustment for FY 2008 and FY 2009 Authorized by Section 7(b)(1)(A) of Public Law 110-90 and Section 1886(d)(3)(vi) of the Act</FP>
            <FP SOURCE="FP1-2">6. Recoupment or Repayment Adjustment Authorized by Section 7(b)(1)(B) of Public Law 110-90</FP>
            <FP SOURCE="FP1-2">7. Background on the Application of the Documentation and Coding Adjustment to the Hospital-Specific Rates</FP>
            <FP SOURCE="FP1-2">8. Documentation and Coding Adjustment to the Hospital-Specific Rates for FY 2011 and Subsequent Fiscal Years</FP>
            <FP SOURCE="FP1-2">9. Application of the Documentation and Coding Adjustment to the Puerto Rico-Specific Standardized Amount</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Documentation and Coding Adjustment to the Puerto Rico-Specific Standard Amount</FP>
            <FP SOURCE="FP1-2">10. Prospective Adjustments for FY 2010 Documentation and Coding Effect</FP>
            <FP SOURCE="FP1-2">E. Refinement of the MS-DRG Relative Weight Calculation</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Summary of Policy Discussions in FY 2012</FP>
            <FP SOURCE="FP1-2">3. Discussion for FY 2013</FP>
            <FP SOURCE="FP1-2">F. Preventable Hospital-Acquired Conditions (HACs), Including Infections</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. HAC Selection</FP>
            <FP SOURCE="FP1-2">3. Present on Admission (POA) Indicator Reporting</FP>
            <FP SOURCE="FP1-2">4. HACs and POA Reporting in ICD-10-CM and ICD-10-PCS</FP>
            <FP SOURCE="FP1-2">5. Changes to the HAC Policy for FY 2013</FP>
            <FP SOURCE="FP1-2">a. Additional Diagnosis Codes to Existing HACs</FP>
            <FP SOURCE="FP1-2">b. New Candidate HAC Condition: Surgical Site Infection (SSI) Following Cardiac Implantable Electronic Device (CIED) Procedures</FP>
            <FP SOURCE="FP1-2">c. New Candidate HAC Condition: Iatrogenic Pneumothorax With Venous Catheterization</FP>
            <FP SOURCE="FP1-2">6. RTI Program Evaluation Summary</FP>
            <FP SOURCE="FP1-2">a. RTI Analysis of FY 2011 POA Indicator Reporting Across Medicare Discharges</FP>
            <FP SOURCE="FP1-2">b. RTI Analysis of FY 2011 POA Indicator Reporting of Current HACs</FP>
            <FP SOURCE="FP1-2">c. RTI Analysis of FY 2011 Frequency of Discharges and POA Indicator Reporting for Current HACs</FP>
            <FP SOURCE="FP1-2">d. RTI Analysis of Circumstances When Application of HAC Provisions Would Not Result in MS-DRG Reassignment for Current HACs</FP>
            <FP SOURCE="FP1-2">e. RTI Analysis of Coding Changes for HAC-Associated Secondary Diagnoses for Current HACs</FP>
            <FP SOURCE="FP1-2">f. RTI Analysis of Estimated Net Savings for Current HACs</FP>
            <FP SOURCE="FP1-2">g. Previously Considered Candidate HACs—RTI Analysis of Frequency of Discharges and POA Indicator Reporting</FP>
            <FP SOURCE="FP1-2">h. Current and Previously Considered Candidate HACs—RTI Report on Evidence-Based Guidelines</FP>
            <FP SOURCE="FP1-2">i. Proposals Regarding Current HACs and Previously Considered Candidate HACs</FP>
            <FP SOURCE="FP1-2">G. Changes to Specific MS-DRG Classifications</FP>
            <FP SOURCE="FP1-2">1. Pre-Major Diagnostic Categories (Pre-MDCs)</FP>
            <FP SOURCE="FP1-2">a. Ventricular Assist Device</FP>
            <FP SOURCE="FP1-2">b. Allogeneic Bone Marrow Transplant</FP>
            <FP SOURCE="FP1-2">2. MDC 4 (Diseases and Disorders of the Ear, Nose, Mouth and Throat): Influenza With Pneumonia</FP>
            <FP SOURCE="FP1-2">3. MDC 5 (Diseases and Disorders of the Circulatory System)</FP>
            <FP SOURCE="FP1-2">a. Percutaneous Mitral Valve Repair With Implant</FP>
            <FP SOURCE="FP1-2">b. Endovascular Implantation of Branching or Fenestrated Grafts in Aorta</FP>
            <FP SOURCE="FP1-2">4. MDC 10 (Endocrine, Nutritional, and Metabolic Diseases and Disorders): Disorders of Porphyrin Metabolism</FP>
            <FP SOURCE="FP1-2">5. Medicare Code Editor (MCE) Changes</FP>
            <FP SOURCE="FP1-2">a. MCE New Length of Stay Edit for Continuous Invasive Mechanical Ventilation for 96 Consecutive Hours or More</FP>
            <FP SOURCE="FP1-2">b. Sleeve Gastrectomy Procedure for Morbid Obesity</FP>
            <FP SOURCE="FP1-2">6. Surgical Hierarchies</FP>
            <FP SOURCE="FP1-2">7. Complications or Comorbidity (CC) Exclusions List</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. CC Exclusions List for FY 2013</FP>
            <FP SOURCE="FP1-2">(1) No Revisions Based on Changes to the ICD-9-CM Diagnosis Codes for FY 2013</FP>
            <FP SOURCE="FP1-2">(2) Suggested Changes to MS-DRG Severity Levels for Diagnosis Codes for FY 2013</FP>
            <FP SOURCE="FP1-2">(A) Protein-Calorie Malnutrition</FP>
            <FP SOURCE="FP1-2">(B) Antineoplastic Chemotherapy Induced Anemia</FP>
            <FP SOURCE="FP1-2">(C) Cardiomyopathy and Congestive Heart Failure, Unspecified</FP>
            <FP SOURCE="FP1-2">(D) Chronic Total Occlusion of Artery of the Extremities</FP>
            <FP SOURCE="FP1-2">(E) Acute Kidney Failure With Other Specified Pathological Lesion in Kidney</FP>
            <FP SOURCE="FP1-2">(F) Pressure Ulcer, Unstageable</FP>
            <FP SOURCE="FP1-2">8. Review of Procedure Codes in MS-DRGs 981 Through 983, 984 Through 986, and 987 Through 989</FP>
            <FP SOURCE="FP1-2">a. Moving Procedure Codes From MS-DRGs 981 Through 983 or MS-DRGs 987 Through 989 Into MDCs</FP>
            <FP SOURCE="FP1-2">b. Reassignment of Procedures Among MS-DRGs 981 Through 983, 984 Through 986, and 987 Through 989</FP>
            <FP SOURCE="FP1-2">c. Adding Diagnosis or Procedure Codes to MDCs</FP>
            <FP SOURCE="FP1-2">9. Changes to the ICD-9-CM Coding System, Including Discussion of the Replacement of the ICD-9-CM System With the ICD-10-CM and ICD-10-PCS Systems in FY 2014</FP>
            <FP SOURCE="FP1-2">a. ICD-9-CM Coding System</FP>
            <FP SOURCE="FP1-2">b. Code Freeze</FP>
            <FP SOURCE="FP1-2">c. Processing of 25 Diagnosis Codes and 25 Procedure Codes on Hospital Inpatient Claims</FP>
            <FP SOURCE="FP1-2">d. ICD-10 MS-DRGs</FP>

            <FP SOURCE="FP1-2">10. Public Comments on Issues Not Addressed in the Proposed Rule<PRTPAGE P="53261"/>
            </FP>
            <FP SOURCE="FP1-2">H. Recalibration of MS-DRG Weights</FP>
            <FP SOURCE="FP1-2">1. Data Sources for Developing the Proposed Weights</FP>
            <FP SOURCE="FP1-2">2. Methodology for Calculation of the Proposed Relative Weights</FP>
            <FP SOURCE="FP1-2">3. Development of National Average CCRs</FP>
            <FP SOURCE="FP1-2">4. Bundled Payments for Care Improvement (BPCI) Initiative</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Treatment of Data from Hospitals Participating in the BPCI Initiative</FP>
            <FP SOURCE="FP1-2">I. Add-On Payments for New Services and Technologies</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Public Input Before Publication of a Notice of Proposed Rulemaking on Add-On Payments</FP>

            <FP SOURCE="FP1-2">3. FY 2013 Status of Technology Approved for FY 2012 Add-On Payments: AutoLaser Interstitial Thermal Therapy (AutoLITT<E T="51">TM</E>)</FP>
            <FP SOURCE="FP1-2">4. FY 2013 Applications for New Technology Add-On Payments</FP>
            <FP SOURCE="FP1-2">a. Glucarpidase (Trade Brand Voraxaze®)</FP>
            <FP SOURCE="FP1-2">b. DIFICID<E T="51">TM</E>(Fidaxomicin) Tablets</FP>
            <FP SOURCE="FP1-2">c. Zilver® PTX® Drug-Eluting Stent</FP>
            <FP SOURCE="FP1-2">d. Zenith® Fenestrated Abdominal Aortic Aneurysm (AAA) Endovascular Graft</FP>
            <FP SOURCE="FP-2">III. Changes to the Hospital Wage Index for Acute Care Hospitals</FP>
            <FP SOURCE="FP1-2">A. Background</FP>
            <FP SOURCE="FP1-2">B. Core-Based Statistical Areas for the Hospital Wage Index</FP>
            <FP SOURCE="FP1-2">C. Worksheet S-3 Wage Data for the FY 2013 Wage Index</FP>
            <FP SOURCE="FP1-2">1. Included Categories of Costs</FP>
            <FP SOURCE="FP1-2">2. Excluded Categories of Costs</FP>
            <FP SOURCE="FP1-2">3. Use of Wage Index Data by Providers Other Than Acute Care Hospitals Under the IPPS</FP>
            <FP SOURCE="FP1-2">D. Verification of Worksheet S-3 Wage Data</FP>
            <FP SOURCE="FP1-2">E. Method for Computing the FY 2013 Unadjusted Wage Index</FP>
            <FP SOURCE="FP1-2">F. Occupational Mix Adjustment to the FY 2013 Wage Index</FP>
            <FP SOURCE="FP1-2">1. Development of Data for the FY 2013 Occupational Mix Adjustment Based on the 2010 Occupational Mix Survey</FP>
            <FP SOURCE="FP1-2">2. Calculation of the Occupational Mix Adjustment for FY 2013</FP>
            <FP SOURCE="FP1-2">G. Analysis and Implementation of the Occupational Mix Adjustment and the FY 2013 Occupational Mix Adjusted Wage Index</FP>
            <FP SOURCE="FP1-2">1. Analysis of the Occupational Mix Adjustment and the Occupational Mix Adjusted Wage Index</FP>
            <FP SOURCE="FP1-2">2. Application of the Rural, Imputed, and Frontier Floors</FP>
            <FP SOURCE="FP1-2">a. Rural Floor</FP>
            <FP SOURCE="FP1-2">b. Imputed Floor and Proposal for an Alternative, Temporary Methodology for Computing the Imputed Floor</FP>
            <FP SOURCE="FP1-2">c. Frontier Floor</FP>
            <FP SOURCE="FP1-2">3. FY 2013 Wage Index Tables</FP>
            <FP SOURCE="FP1-2">H. Revisions to the Wage Index Based on Hospital Redesignations and Reclassifications</FP>
            <FP SOURCE="FP1-2">1. General Policies and Effects of Reclassification/Redesignation</FP>
            <FP SOURCE="FP1-2">2. FY 2013 MGCRB Reclassifications</FP>
            <FP SOURCE="FP1-2">a. FY 2013 Reclassification Requirements and Approvals</FP>
            <FP SOURCE="FP1-2">b. Applications for Reclassifications for FY 2014</FP>
            <FP SOURCE="FP1-2">3. Redesignations of Hospitals Under Section 1886(d)(8)(B) of the Act</FP>
            <FP SOURCE="FP1-2">4. Reclassifications Under Section 1886(d)(8)(B) of the Act</FP>
            <FP SOURCE="FP1-2">5. Reclassifications Under Section 508 of Public Law 108-173</FP>
            <FP SOURCE="FP1-2">6. Waiving Lugar Redesignation for the Out-Migration Adjustment</FP>
            <FP SOURCE="FP1-2">7. Cancellation of Acquired Rural Status Due to MDH Expiration</FP>
            <FP SOURCE="FP1-2">I. FY 2013 Wage Index Adjustment Based on Commuting Patterns of Hospital Employees</FP>
            <FP SOURCE="FP1-2">J. Process for Requests for Wage Index Data Corrections</FP>
            <FP SOURCE="FP1-2">K. Labor-Related Share for the FY 2013 Wage Index</FP>
            <FP SOURCE="FP-2">IV. Other Decisions and Changes to the IPPS for Operating Costs and Graduate Medical Education (GME) Costs</FP>
            <FP SOURCE="FP1-2">A. Hospital Readmission Reduction Program</FP>
            <FP SOURCE="FP1-2">1. Statutory Basis for the Hospital Readmissions Reduction Program</FP>
            <FP SOURCE="FP1-2">2. Overview</FP>
            <FP SOURCE="FP1-2">3. FY 2013 Proposed and Final Policies for the Hospital Readmissions Reduction Program</FP>
            <FP SOURCE="FP1-2">a. Overview</FP>
            <FP SOURCE="FP1-2">b. Base Operating DRG Payment Amount, Including Special Rules for SCHs and MDHs and Hospitals Paid Under Section 1814 of the Act</FP>
            <FP SOURCE="FP1-2">c. Adjustment Factor (Both the Ratio and Floor Adjustment Factor)</FP>
            <FP SOURCE="FP1-2">d. Aggregate Payments for Excess Readmissions and Aggregate Payment for All Discharges</FP>
            <FP SOURCE="FP1-2">e. Applicable Hospital</FP>
            <FP SOURCE="FP1-2">4. Limitations on Review</FP>
            <FP SOURCE="FP1-2">5. Reporting Hospital-Specific Information, Including Opportunity To Review and Submit Corrections</FP>
            <FP SOURCE="FP1-2">B. Sole Community Hospitals (SCHs) (§ 412.92)</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Reporting Requirement and Clarification of Duration of Classification for Hospitals Incorrectly Classified as Sole Community Hospitals</FP>
            <FP SOURCE="FP1-2">3. Change to Effective Date of Classification for MDHs Applying for SCH Status Upon the Expiration of the MDH Program</FP>
            <FP SOURCE="FP1-2">C. Rural Referral Centers (RRCs): Annual Update to Case-Mix Index (CMI) and Discharge Criteria (§ 412.96)</FP>
            <FP SOURCE="FP1-2">1. Case-Mix Index (CMI)</FP>
            <FP SOURCE="FP1-2">2. Discharges</FP>
            <FP SOURCE="FP1-2">D. Payment Adjustment for Low-Volume Hospitals (§ 412.101)</FP>
            <FP SOURCE="FP1-2">1. Expiration of the Affordable Care Act Provision for FYs 2011 and 2012</FP>
            <FP SOURCE="FP1-2">2. Background</FP>
            <FP SOURCE="FP1-2">3. Affordable Care Act Provisions for FYs 2011 and 2012</FP>
            <FP SOURCE="FP1-2">4. Payment Adjustment for FY 2013 and Subsequent Years</FP>
            <FP SOURCE="FP1-2">E. Indirect Medical Education (IME) Adjustment (§ 412.105)</FP>
            <FP SOURCE="FP1-2">1. IME Adjustment Factor for FY 2013</FP>
            <FP SOURCE="FP1-2">2. Timely Filing Requirements under Fee-for-Service Medicare</FP>
            <FP SOURCE="FP1-2">a. IME and Direct GME</FP>
            <FP SOURCE="FP1-2">b. Nursing and Allied Health Education</FP>
            <FP SOURCE="FP1-2">c. Disproportionate Share Hospital (DSH) Payments</FP>
            <FP SOURCE="FP1-2">d. Summary of Public Comments, Our Responses, and Final Policies</FP>
            <FP SOURCE="FP1-2">3. Other Related Policy Changes</FP>
            <FP SOURCE="FP1-2">F. Payment Adjustment for Medicare Disproportionate Share Hospitals (DSHs) and Indirect Medical Education (IME) (§§ 412.105 and 412.106)</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Policy Change Relating to Treatment of Labor and Delivery Beds in the Calculation of the Medicare DSH Payment Adjustment and the IME Payment Adjustment</FP>
            <FP SOURCE="FP1-2">G. Expiration of the Medicare-Dependent, Small Rural Hospital (MDH) Program (§ 412.108)</FP>
            <FP SOURCE="FP1-2">H. Changes in the Inpatient Hospital Update</FP>
            <FP SOURCE="FP1-2">1. FY 2013 Inpatient Hospital Update</FP>
            <FP SOURCE="FP1-2">2. FY 2013 Puerto Rico Hospital Update</FP>
            <FP SOURCE="FP1-2">I. Payment for Graduate Medical Education (GME) and Indirect Medical Education (IME) Costs (§§ 412.105, 413.75 through 413.83)</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Teaching Hospitals: Change in New Program Growth from 3 Years to 5 Years</FP>
            <FP SOURCE="FP1-2">3. Policies and Clarifications Related to 5-Year Period Following Implementation of Reductions and Increases to Hospitals' FTE Resident Caps for GME Payment Purposes Under Section 5503 of the Affordable Care Act</FP>
            <FP SOURCE="FP1-2">4. Preservation of Resident Cap Positions From Closed Hospitals (Section 5506 of the Affordable Care Act)</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Change in Amount of Time Provided for Submitting Applications Under Section 5506 of the Affordable Care Act</FP>
            <FP SOURCE="FP1-2">c. Change to the Ranking Criteria Under Section 5506</FP>
            <FP SOURCE="FP1-2">d. Effective Dates of Slots Awarded Under Section 5506</FP>
            <FP SOURCE="FP1-2">e. Clarification of Relationship Between Ranking Criteria One, Two, and Three</FP>
            <FP SOURCE="FP1-2">f. Modifications to the Section 5506 CMS Evaluation Form</FP>
            <FP SOURCE="FP1-2">5. Notice of Closure of Teaching Hospitals and Opportunity to Apply for Available Slots</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Notice of Closure of Teaching Hospitals</FP>
            <FP SOURCE="FP1-2">c. Application Process for Available Resident Slots</FP>
            <FP SOURCE="FP1-2">J. Changes to the Reporting Requirements for Pension Costs for Medicare Cost-Finding Purposes</FP>
            <FP SOURCE="FP1-2">K. Rural Community Hospital Demonstration Program</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Budget Neutrality Offset Amount for FY 2013</FP>
            <FP SOURCE="FP1-2">L. Hospital Routine Services Furnished Under Arrangements</FP>
            <FP SOURCE="FP1-2">M. Technical Change</FP>
            <FP SOURCE="FP-2">V. Changes to the IPPS for Capital-Related Costs</FP>
            <FP SOURCE="FP1-2">A. Overview</FP>
            <FP SOURCE="FP1-2">B. Additional Provisions</FP>
            <FP SOURCE="FP1-2">1. Exception Payments</FP>
            <FP SOURCE="FP1-2">2. New Hospitals</FP>
            <FP SOURCE="FP1-2">3. Hospitals Located in Puerto Rico</FP>
            <FP SOURCE="FP1-2">C. Prospective Adjustment for the FY 2010 Documentation and Coding Effect</FP>
            <FP SOURCE="FP1-2">1. Background<PRTPAGE P="53262"/>
            </FP>
            <FP SOURCE="FP1-2">2. Prospective Adjustment for the Effect of Documentation and Coding in FY 2010</FP>
            <FP SOURCE="FP1-2">3. Documentation and Coding Adjustment to the Puerto Rico-Specific Capital Rate</FP>
            <FP SOURCE="FP1-2">D. Changes for Annual Update for FY 2013</FP>
            <FP SOURCE="FP-2">VI. Changes for Hospitals Excluded From the IPPS</FP>
            <FP SOURCE="FP1-2">A. Excluded Hospitals</FP>
            <FP SOURCE="FP1-2">B. Report of Adjustment (Exceptions) Payments</FP>
            <FP SOURCE="FP-2">VII. Changes to the Long-Term Care Hospital Prospective Payment System (LTCH PPS) for FY 2013</FP>
            <FP SOURCE="FP1-2">A. Background of the LTCH PPS</FP>
            <FP SOURCE="FP1-2">1. Legislative and Regulatory Authority</FP>
            <FP SOURCE="FP1-2">2. Criteria for Classification as a LTCH</FP>
            <FP SOURCE="FP1-2">a. Classification as a LTCH</FP>
            <FP SOURCE="FP1-2">b. Hospitals Excluded From the LTCH PPS</FP>
            <FP SOURCE="FP1-2">3. Limitation on Charges to Beneficiaries</FP>
            <FP SOURCE="FP1-2">4. Administrative Simplification Compliance Act (ASCA) and Health Insurance Portability and Accountability Act (HIPAA) Compliance</FP>
            <FP SOURCE="FP1-2">B. Medicare Severity Long-Term Care Diagnosis-Related Group (MS-LTC-DRG) Classifications and Relative Weights for FY 2013</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Patient Classifications into MS-LTC-DRGs</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Changes to the MS-LTC-DRGs for FY 2013</FP>
            <FP SOURCE="FP1-2">3. Development of the FY 2013 MS-LTC-DRG Relative Weights</FP>
            <FP SOURCE="FP1-2">a. General Overview of the Development of the MS-LTC-DRG Relative Weights</FP>
            <FP SOURCE="FP1-2">b. Development of the MS-LTC-DRG Relative Weights for FY 2013</FP>
            <FP SOURCE="FP1-2">c. Data</FP>
            <FP SOURCE="FP1-2">d. Hospital-Specific Relative Value (HSRV) Methodology</FP>
            <FP SOURCE="FP1-2">e. Treatment of Severity Levels in Developing the MS-LTC-DRG Relative Weights</FP>
            <FP SOURCE="FP1-2">f. Low-Volume MS-LTC-DRGs</FP>
            <FP SOURCE="FP1-2">g. Steps for Determining the FY 2013 MS-LTC-DRG Relative Weights</FP>
            <FP SOURCE="FP1-2">C. Use of a LTCH-Specific Market Basket Under the LTCH PPS</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Overview of the FY 2009-Based LTCH-Specific Market Basket</FP>
            <FP SOURCE="FP1-2">3. Development of a LTCH-Specific Market Basket</FP>
            <FP SOURCE="FP1-2">a. Development of Cost Categories</FP>
            <FP SOURCE="FP1-2">b. Cost Category Computation</FP>
            <FP SOURCE="FP1-2">c. Selection of Price Proxies</FP>
            <FP SOURCE="FP1-2">d. Methodology for the Capital Portion of the FY 2009-Based LTCH-Specific Market Basket</FP>
            <FP SOURCE="FP1-2">e. FY 2013 Market Basket for LTCHs</FP>
            <FP SOURCE="FP1-2">f. FY 2013 Labor-Related Share</FP>
            <FP SOURCE="FP1-2">D. Changes to the LTCH Payment Rates for FY 2013 and Other Changes to the LTCH PPS for FY 2013</FP>
            <FP SOURCE="FP1-2">1. Overview of Development of the LTCH Payment Rates</FP>
            <FP SOURCE="FP1-2">2. FY 2013 LTCH PPS Annual Market Basket Update</FP>
            <FP SOURCE="FP1-2">a. Overview</FP>
            <FP SOURCE="FP1-2">b. Revision of Certain Market Basket Updates as Required by the Affordable Care Act</FP>
            <FP SOURCE="FP1-2">c. Market Basket Under the LTCH PPS for FY 2013</FP>
            <FP SOURCE="FP1-2">d. Annual Market Basket Update for LTCHs for FY 2013</FP>
            <FP SOURCE="FP1-2">3. LTCH PPS Cost-of-Living Adjustment (COLA) for LTCHs Located in Alaska and Hawaii</FP>
            <FP SOURCE="FP1-2">E. Expiration of Certain Payment Rules for LTCH Services and the Moratorium on the Establishment of Certain Hospitals and Facilities and the Increase in Number of Beds in LTCHs and LTCH Satellite Facilities</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. The 25-Percent Payment Adjustment Threshold</FP>
            <FP SOURCE="FP1-2">3. The “IPPS Comparable Per Diem Amount” Payment Option for Very Short Stays Under the Short-Stay Outlier (SSO) Policy</FP>
            <FP SOURCE="FP1-2">4. One-Time Prospective Adjustment to the Standard Federal Rate Under § 412.523(d)(3)</FP>
            <FP SOURCE="FP1-2">a. Overview</FP>
            <FP SOURCE="FP1-2">b. Data Used to Estimate Aggregate FY 2003 TEFRA Payments</FP>
            <FP SOURCE="FP1-2">c. Data Used to Estimate Aggregate FY 2003 LTCH PPS Payments</FP>
            <FP SOURCE="FP1-2">d. Methodology to Evaluate Whether a One-Time Prospective Adjustment Under § 412.523(d)(3) is Warranted</FP>
            <FP SOURCE="FP1-2">e. Methodology to Estimate FY 2003 LTCH Payments Under the TEFRA Payment System</FP>
            <FP SOURCE="FP1-2">f. Methodology to Estimate FY 2003 LTCH PPS Payments</FP>
            <FP SOURCE="FP1-2">g. Methodology for Calculating the One-Time Prospective Adjustment Under § 412.523(d)(3)</FP>
            <FP SOURCE="FP1-2">h. Public Comments and CMS' Responses</FP>
            <FP SOURCE="FP1-2">i. Final Policy Regarding the One-Time Prospective Adjustment Under § 412.523(d)(3)</FP>
            <FP SOURCE="FP-2">VIII. Quality Data Reporting Requirements for Specific Providers and Suppliers</FP>
            <FP SOURCE="FP1-2">A. Hospital Inpatient Quality Reporting (IQR) Program</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">a. History of Measures Adopted for the Hospital IQR Program</FP>
            <FP SOURCE="FP1-2">b. Maintenance of Technical Specifications for Quality Measures</FP>
            <FP SOURCE="FP1-2">c. Public Display of Quality Measures</FP>
            <FP SOURCE="FP1-2">2. Removal and Suspension of Hospital IQR Program Measures</FP>
            <FP SOURCE="FP1-2">a. Considerations in Removing Quality Measures From the Hospital IQR Program b. Hospital IQR Program Measures Removed in Previous Rulemakings</FP>
            <FP SOURCE="FP1-2">c. Removal of Hospital IQR Program Measures for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">(1) Removal of One Chart-Abstracted Measure</FP>
            <FP SOURCE="FP1-2">(2) Removal of 16 Claims-Based Measures</FP>
            <FP SOURCE="FP1-2">d. Suspension of Data Collection for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">3. Measures for the FY 2015 and FY 2016 Hospital IQR Program Payment Determinations</FP>
            <FP SOURCE="FP1-2">a. Additional Considerations in Expanding and Updating Quality Measures Under the Hospital IQR Program</FP>
            <FP SOURCE="FP1-2">b. Hospital IQR Program Measures for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">(1) Process for Retention of Hospital IQR Program Measures Adopted in Previous Payment Determinations</FP>
            <FP SOURCE="FP1-2">(2) Additional Hospital IQR Program Measures for FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">c. Hospital IQR Program Quality Measures for the FY 2016 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">4. Possible New Quality Measures and Measure Topics for Future Years</FP>
            <FP SOURCE="FP1-2">5. Form, Manner, and Timing of Quality Data Submission</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Procedural Requirements for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">c. Data Submission Requirements for Chart-Abstracted Measures</FP>
            <FP SOURCE="FP1-2">d. Sampling and Case Thresholds Beginning With the FY 2015 Payment Determination</FP>
            <FP SOURCE="FP1-2">e. HCAHPS Requirements for the FY 2014, FY 2015, and FY 2016 Payment Determinations</FP>
            <FP SOURCE="FP1-2">f. Data Submission Requirements for Structural Measures</FP>
            <FP SOURCE="FP1-2">g. Data Submission and Reporting Requirements for Healthcare-Associated Infection (HAI) Measures Reported via NHSN</FP>
            <FP SOURCE="FP1-2">6. Supplements to the Chart Validation Process for the Hospital IQR Program for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">a. Separate Processes for Sampling and Scoring for Chart-Abstracted Clinical Process of Care and HAI Measures</FP>
            <FP SOURCE="FP1-2">(1) Background and Rationale</FP>
            <FP SOURCE="FP1-2">(2) Selection and Sampling of Clinical Process of Care Measures for Validation</FP>
            <FP SOURCE="FP1-2">(3) Selection and Sampling of HAI Measures for Validation</FP>
            <FP SOURCE="FP1-2">(4) Validation Scoring for Chart-Abstract Clinical Process of Care and HAI Measures</FP>
            <FP SOURCE="FP1-2">(5) Criteria to Evaluate Whether a Score Passes or Fails</FP>
            <FP SOURCE="FP1-2">b. Number and Manner of Selection for Hospitals Included in the Base Annual Validation Random Sample</FP>
            <FP SOURCE="FP1-2">c. Targeting Criteria for Selection of Supplemental Hospitals for Validation</FP>
            <FP SOURCE="FP1-2">7. Data Accuracy and Completeness Acknowledgement Requirements for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">8. Public Display Requirements for the FY 2015 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">9. Reconsideration and Appeal Procedures for the FY 2015 Payment Determination</FP>
            <FP SOURCE="FP1-2">10. Hospital IQR Program Disaster Extensions or Waivers</FP>
            <FP SOURCE="FP1-2">11. Electronic Health Records (EHRs)</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. HITECH Act EHR Provisions</FP>
            <FP SOURCE="FP1-2">B. PPS-Exempt Cancer Hospital Quality Reporting (PCHQR) Program</FP>
            <FP SOURCE="FP1-2">1. Statutory Authority</FP>
            <FP SOURCE="FP1-2">2. Covered Entities</FP>
            <FP SOURCE="FP1-2">3. Quality Measures for PCHs for FY 2014 Program and Subsequent Program Years</FP>

            <FP SOURCE="FP1-2">a. Considerations in the Selection of the Quality Measures<PRTPAGE P="53263"/>
            </FP>
            <FP SOURCE="FP1-2">b. PCHQR Program Quality Measures for FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">(1) CDC/NHSN-Based Healthcare-Associated Infection (HAI) Measures</FP>
            <FP SOURCE="FP1-2">(2) Cancer-Specific Measures</FP>
            <FP SOURCE="FP1-2">4. Possible New Quality Measure Topics for Future Years</FP>
            <FP SOURCE="FP1-2">5. Maintenance of Technical Specifications for Quality Measures</FP>
            <FP SOURCE="FP1-2">6. Public Display Requirements for the FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">7. Form, Manner, and Timing of Data Submission for FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Procedural Requirements for FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">c. Reporting Mechanisms for FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">(1) Reporting Mechanism for the HAI Measures</FP>
            <FP SOURCE="FP1-2">(2) Reporting Mechanism for the Cancer-Specific Measures</FP>
            <FP SOURCE="FP1-2">d. Data Submission Timelines for FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">e. Data Accuracy and Completeness Acknowledgement (DACA) Requirements for the FY 2014 Program and Subsequent Program Years</FP>
            <FP SOURCE="FP1-2">C. Hospital Value-Based Purchasing (VBP) Program</FP>
            <FP SOURCE="FP1-2">1. Statutory Background</FP>
            <FP SOURCE="FP1-2">2. Overview of the FY 2013 Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">3. FY 2014 Hospital VBP Program Measures</FP>
            <FP SOURCE="FP1-2">4. Other Previously Finalized Requirements for the Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">5. Hospital VBP Payment Adjustment Calculation Methodology</FP>
            <FP SOURCE="FP1-2">a. Definitions of the Term “Base Operating DRG Payment Amount” for Purposes of the Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">b. Calculating the Funding Amount for Value-Based Incentive Payments Each Year</FP>
            <FP SOURCE="FP1-2">c. Methodology To Calculate the Value-Based Incentive Payment Adjustment Factor</FP>
            <FP SOURCE="FP1-2">d. Timing of the Base Operating DRG Payment Amount Reduction and Value-Based Incentive Payment Adjustment for FY 2013 and Future Hospital VBP Program Years</FP>
            <FP SOURCE="FP1-2">e. Process for Reducing the Base Operating DRG Payment Amount and Applying the Value-Based Incentive Payment Adjustment for FY 2013</FP>
            <FP SOURCE="FP1-2">6. Review and Corrections Processes</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Review and Corrections Process for Claims-Based Measure Rates</FP>
            <FP SOURCE="FP1-2">c. Review and Corrections Process for Condition-Specific Scores, Domain-Specific Scores, and Total Performance Scores</FP>
            <FP SOURCE="FP1-2">7. Appeal Process Under the Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Appeal Process</FP>
            <FP SOURCE="FP1-2">8. Measures for the FY 2015 Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">a. Relationship Between the National Strategy and the Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">b. FY 2015 Measures</FP>
            <FP SOURCE="FP1-2">c. General Process for Hospital VBP Program Measure Adoption for Future Program Years</FP>
            <FP SOURCE="FP1-2">9. Measures and Domains for the FY 2016 Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">a. FY 2016 Measures</FP>
            <FP SOURCE="FP1-2">b. Quality Measure Domains for the FY 2016 Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">10. Performance Periods and Baseline Periods for the FY 2015 Hospital VBP Program</FP>
            <FP SOURCE="FP1-2">a. Clinical Process of Care Domain Performance Period and Baseline Periods for FY 2015</FP>
            <FP SOURCE="FP1-2">b. Patient Experience of Care Domain Performance Period and Baseline Period for FY 2015</FP>
            <FP SOURCE="FP1-2">c. Efficiency Domain Measure Performance Period and Baseline Period for FY 2015</FP>
            <FP SOURCE="FP1-2">d. Outcome Domain Performance Periods for FY 2015</FP>
            <FP SOURCE="FP1-2">(1) Mortality Measures</FP>
            <FP SOURCE="FP1-2">(2) AHRQ PSI Composite Measure</FP>
            <FP SOURCE="FP1-2">(3) CLABSI Measure</FP>
            <FP SOURCE="FP1-2">e. Performance Periods for FY 2016 Measures</FP>
            <FP SOURCE="FP1-2">11. Performance Standards for the Hospital VBP Program for FY 2015 and FY 2016</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Performance Standards for the FY 2015 Hospital VBP Program Measures</FP>
            <FP SOURCE="FP1-2">c. Performance Standards for FY 2016 Hospital VBP Program Measures</FP>
            <FP SOURCE="FP1-2">d. Adopting Performance Periods and Standards for Future Program Years</FP>
            <FP SOURCE="FP1-2">12. FY 2015 Hospital VBP Program Scoring Methodology</FP>
            <FP SOURCE="FP1-2">a. General Hospital VBP Program Scoring Methodology</FP>
            <FP SOURCE="FP1-2">b. Domain Weighting for the FY 2015 Hospital VBP Program for Hospitals That Receive a Score on all Four Proposed Domains</FP>
            <FP SOURCE="FP1-2">c. Domain Weighting for Hospitals Receiving Scores on Fewer Than Four Domains</FP>
            <FP SOURCE="FP1-2">13. Applicability of the Hospital VBP Program to Hospitals</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Exemption Request Process for Maryland Hospitals</FP>
            <FP SOURCE="FP1-2">14. Minimum Numbers of Cases and Measures for the FY 2015 Program</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Minimum Numbers of Cases and Measures for the FY 2015 Outcome Domain</FP>
            <FP SOURCE="FP1-2">c. Medicare Spending Per Beneficiary Measure Case Minimum</FP>
            <FP SOURCE="FP1-2">15. Immediate Jeopardy Citations</FP>
            <FP SOURCE="FP1-2">D. Long-Term Care Hospital Quality Reporting (LTCHQR) Program</FP>
            <FP SOURCE="FP1-2">1. Statutory History</FP>
            <FP SOURCE="FP1-2">2. LTCH Program Measures for the FY 2014 Payment Determination and Subsequent Fiscal Years Payment Determinations</FP>
            <FP SOURCE="FP1-2">a. Process for Retention of LTCHQR Program Measures Adopted in Previous Payment Determinations</FP>
            <FP SOURCE="FP1-2">b. Process for Adopting Changes to LTCHQR Program Measures</FP>
            <FP SOURCE="FP1-2">3. CLABSI, CAUTI, AND Pressure Ulcer Measures</FP>
            <FP SOURCE="FP1-2">4. LTCHQR Program Quality Measures for the FY 2016 Payment Determinations and Subsequent Fiscal Years Payment Determinations</FP>
            <FP SOURCE="FP1-2">a. Considerations in Updating and Expanding Quality Measures Under the LTCHQR Program for FY 2016 and Subsequent Payment Update Determinations</FP>
            <FP SOURCE="FP1-2">b. New LTCHQR Program Quality Measures Beginning With the FY 2016 Payment Determination</FP>
            <FP SOURCE="FP1-2">(1) Quality Measure #1 for the FY 2016 Payment Determination and Subsequent Fiscal Years Payment Determinations: Percent of Nursing Home Residents who Were Assessed and Appropriately Given the Seasonal Influenza Vaccine (Short-Stay) (NQF #0680)</FP>
            <FP SOURCE="FP1-2">(2) LTCH Quality Measure #2 for the FY 2016 Payment Determination and Subsequent Fiscal Years Payment Determinations: Percentage of Residents or Patients who Were Assessed and Appropriately Given the Pneumococcal Vaccine (Short-Stay) (NQF #0682)</FP>
            <FP SOURCE="FP1-2">(3) LTCH Quality Measure #3 for the FY 2016 Payment Determination and Subsequent Fiscal Years Payment Determinations: Influenza Vaccination Coverage Among Healthcare Personnel (NQF #0431)</FP>
            <FP SOURCE="FP1-2">(4) LTCH Quality Measure #4 for the FY 2016 Payment Determination and Subsequent Fiscal Years Payment Determinations: Ventilator Bundle (Application of NQF #0302)</FP>
            <FP SOURCE="FP1-2">(5) LTCH Quality Measure #5 for the FY 2016 Payment Determination and Subsequent Fiscal Years Payment Determinations: Restraint Rate per 1,000 Patient Days</FP>
            <FP SOURCE="FP1-2">5. Timeline for Data Submission Under the LTCHQR Program for the FY 2015 Payment Determination</FP>
            <FP SOURCE="FP1-2">6. Timeline for Data Submission Under the LTCHQR Program for the FY 2016 Payment Determination</FP>
            <FP SOURCE="FP1-2">7. Public Display of Data Quality Measures</FP>
            <FP SOURCE="FP1-2">E. Quality Reporting Requirements Under the Ambulatory Surgical Centers Quality Reporting (ASCQR) Program</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Requirements for Reporting Under the ASCQR Program</FP>
            <FP SOURCE="FP1-2">a. Administrative Requirements</FP>
            <FP SOURCE="FP1-2">(1) Requirements Regarding QualityNet Account and Administrator for the CYs 2014 and 2015 Payment Determinations</FP>
            <FP SOURCE="FP1-2">(2) Requirements Regarding Participation Status for the CY 2014 Payment Determination and Subsequent Payment Determination Years</FP>
            <FP SOURCE="FP1-2">b. Requirements Regarding Form, Manner, and Timing for Claims-Based Measures for CYs 2014 and 2015 Payment Determinations</FP>
            <FP SOURCE="FP1-2">(1) Background</FP>
            <FP SOURCE="FP1-2">(2) Minimum Threshold for Claims-Based Measures Using QDCs</FP>
            <FP SOURCE="FP1-2">c. ASCQR Program Validation of Claims-Based and Structural Measures</FP>
            <FP SOURCE="FP1-2">3. Extraordinary Circumstances Extension or Waiver for the CY 2014 Payment Determination and Subsequent Payment Determination Years</FP>

            <FP SOURCE="FP1-2">4. ASCQR Program Reconsideration Procedures for the CY 2014 Payment<PRTPAGE P="53264"/>Determination and Subsequent Payment Determination Years</FP>
            <FP SOURCE="FP1-2">F. Inpatient Psychiatric Facilities Quality Reporting (IPFQR) Program</FP>
            <FP SOURCE="FP1-2">1. Statutory Authority</FP>
            <FP SOURCE="FP1-2">2. Application of the Payment Update Reduction for Failure To Report for FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">3. Covered Entities</FP>
            <FP SOURCE="FP1-2">4. Quality Measures</FP>
            <FP SOURCE="FP1-2">a. Considerations in Selecting Quality Measures</FP>
            <FP SOURCE="FP1-2">b. Quality Measures Beginning With FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">(1) HBIPS-2 (Hours of Physical Restraint Use)</FP>
            <FP SOURCE="FP1-2">(2) HBIPS-3 (Hours of Seclusion Use)</FP>
            <FP SOURCE="FP1-2">(3) HBIPS-4 (Patients Discharged on Multiple Antipsychotic Medications)</FP>
            <FP SOURCE="FP1-2">(4) HBIPS-5 (Patients Discharged on Multiple Antipsychotic Medications With Appropriate Justification)</FP>
            <FP SOURCE="FP1-2">(5) HBIPS-6 (Post Discharge Continuing Care Plan Created)</FP>
            <FP SOURCE="FP1-2">(6) HBIPS-7 (Post Discharge Continuing Care Plan Transmitted to the Next Level of Care Provider Upon Discharge)</FP>
            <FP SOURCE="FP1-2">c. Maintenance of Technical Specifications for Quality Measures</FP>
            <FP SOURCE="FP1-2">5. Possible New Quality Measures for Future Years</FP>
            <FP SOURCE="FP1-2">6. Public Display Requirements for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">7. Form, Manner, and Timing of Quality Data Submission for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">a. Background</FP>
            <FP SOURCE="FP1-2">b. Procedural Requirements for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">c. Reporting and Submission Requirements for the FY 2014 Payment Determination</FP>
            <FP SOURCE="FP1-2">d. Reporting and Submission Requirements for the FY 2015 and FY 2016 Payment Determinations</FP>
            <FP SOURCE="FP1-2">e. Population, Sampling, and Minimum Case Threshold for FY 2014 and Subsequent Years</FP>
            <FP SOURCE="FP1-2">f. Data Accuracy and Completeness Acknowledgement Requirements for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">8. Reconsideration and Appeals Procedure for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">9. Waivers From Quality Reporting Requirements for the FY 2014 Payment Determination and Subsequent Years</FP>
            <FP SOURCE="FP1-2">10. Electronic Health Records (EHRs)</FP>
            <FP SOURCE="FP-2">IX. MedPAC Recommendations and Other Related Reports and Studies for the IPPS and LTCH PPS</FP>
            <FP SOURCE="FP1-2">A. MedPAC Recommendations for the IPPS for FY 2013</FP>
            <FP SOURCE="FP1-2">B. Studies and Reports on Reforming the Hospital Wage Index</FP>
            <FP SOURCE="FP1-2">1. Secretary's Report to Congress on Wage Index Reform</FP>
            <FP SOURCE="FP1-2">2. Institute of Medicine (IOM) Study on Medicare's Approach to Measuring Geographic Variations in Hospitals' Wage Costs</FP>
            <FP SOURCE="FP-2">X. Quality Improvement Organization (QIO) Regulation Changes Relating to Provider and Practitioner Medical Record Deadlines and Claim Denials</FP>
            <FP SOURCE="FP-2">XI. Other Required Information</FP>
            <FP SOURCE="FP1-2">A. Requests for Data From the Public</FP>
            <FP SOURCE="FP1-2">B. Collection of Information Requirements</FP>
            <FP SOURCE="FP1-2">1. Statutory Requirement for Solicitation of Comments</FP>
            <FP SOURCE="FP1-2">2. ICRs for Add-On Payments for New Services and Technologies</FP>
            <FP SOURCE="FP1-2">3. ICRs for the Occupational Mix Adjustment to the FY 2013 Index (Hospital Wage Index Occupational Mix Survey)</FP>
            <FP SOURCE="FP1-2">4. Hospital Applications for Geographic Reclassifications by the MGCRB</FP>
            <FP SOURCE="FP1-2">5. ICRs for Application for GME Resident Slots</FP>
            <FP SOURCE="FP1-2">6. ICRs for the Hospital Inpatient Quality Reporting (IQR) Program</FP>
            <FP SOURCE="FP1-2">7. ICRs for PPS-Exempt Cancer Hospital Quality Reporting (PCHQR) Program</FP>
            <FP SOURCE="FP1-2">8. ICRs for Hospital Value-Based Purchasing (VBP) Program</FP>
            <FP SOURCE="FP1-2">9. ICRs for the Long-Term Care Hospital Quality Reporting (LTCHQR) Program</FP>
            <FP SOURCE="FP1-2">10. ICRs for the Ambulatory Surgical Center (ASC) Quality Reporting Program</FP>
            <FP SOURCE="FP1-2">11. ICRs for the Inpatient Psychiatric Facilities Quality Reporting (IPFQR) Program</FP>
            <FP SOURCE="FP-2">Regulation Text</FP>
            <FP SOURCE="FP-2">Addendum—Schedule of Standardized Amounts, Update Factors, and Rate-of-Increase Percentages Effective With Cost Reporting Periods Beginning on or After October 1, 2012 and Payment Rates for LTCHs Effective With Discharges Occurring on or After October 1, 2012</FP>
            <FP SOURCE="FP-2">I. Summary and Background</FP>
            <FP SOURCE="FP-2">II. Changes to the Prospective Payment Rates for Hospital Inpatient Operating Costs for Acute Care Hospitals for FY 2013</FP>
            <FP SOURCE="FP1-2">A. Calculation of the Adjusted Standardized Amount</FP>
            <FP SOURCE="FP1-2">B. Adjustments for Area Wage Levels and Cost-of-Living</FP>
            <FP SOURCE="FP1-2">C. Calculation of the Prospective Payment Rates</FP>
            <FP SOURCE="FP-2">III. Changes to Payment Rates for Acute Care Hospital Inpatient Capital-Related Costs for FY 2013</FP>
            <FP SOURCE="FP1-2">A. Determination of Federal Hospital Inpatient Capital-Related Prospective Payment Rate Update</FP>
            <FP SOURCE="FP1-2">B. Calculation of the Inpatient Capital-Related Prospective Payments for FY 2013</FP>
            <FP SOURCE="FP1-2">C. Capital Input Price Index</FP>
            <FP SOURCE="FP-2">IV. Changes to Payment Rates for Excluded Hospitals: Rate-of-Increase Percentages for FY 2013</FP>
            <FP SOURCE="FP-2">V. Changes to the Payment Rates for the LTCH PPS for FY 2013</FP>
            <FP SOURCE="FP1-2">A. LTCH PPS Standard Federal Rate for FY 2013</FP>
            <FP SOURCE="FP1-2">B. Adjustment for Area Wage Levels Under the LTCH PPS for FY 2013</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Geographic Classifications/Labor Market Area Definitions</FP>
            <FP SOURCE="FP1-2">3. LTCH PPS Labor-Related Share</FP>
            <FP SOURCE="FP1-2">4. LTCH PPS Wage Index for FY 2013</FP>
            <FP SOURCE="FP1-2">5. Budget Neutrality Adjustment for Changes to the Area Wage Level Adjustment</FP>
            <FP SOURCE="FP1-2">C. LTCH PPS Cost-of-Living Adjustment for LTCHs Located in Alaska and Hawaii</FP>
            <FP SOURCE="FP1-2">D. Adjustment for LTCH PPS High-Cost Outlier (HCO) Cases</FP>
            <FP SOURCE="FP1-2">E. Computing the Adjusted LTCH PPS Federal Prospective Payments for FY 2013</FP>
            <FP SOURCE="FP-2">VI. Tables Referenced in this Final Rulemaking and Available Through the Internet on the CMS Web Site</FP>
            <FP SOURCE="FP-2">Appendix A—Economic Analyses</FP>
            <FP SOURCE="FP-2">I. Regulatory Impact Analysis</FP>
            <FP SOURCE="FP1-2">A. Introduction</FP>
            <FP SOURCE="FP1-2">B. Need</FP>
            <FP SOURCE="FP1-2">C. Objectives of the IPPS</FP>
            <FP SOURCE="FP1-2">D. Limitations of Our Analysis</FP>
            <FP SOURCE="FP1-2">E. Hospitals Included in and Excluded From the IPPS</FP>
            <FP SOURCE="FP1-2">F. Effects on Hospitals and Hospital Units Excluded From the IPPS</FP>
            <FP SOURCE="FP1-2">G. Quantitative Effects of the Policy Changes Under the IPPS for Operating Costs</FP>
            <FP SOURCE="FP1-2">1. Basis and Methodology of Estimates</FP>
            <FP SOURCE="FP1-2">2. Analysis of Table I</FP>
            <FP SOURCE="FP1-2">3. Impact Analysis of Table II</FP>
            <FP SOURCE="FP1-2">H. Effects of Other Policy Changes</FP>
            <FP SOURCE="FP1-2">1. Effects of Policy on HACs, Including Infections</FP>
            <FP SOURCE="FP1-2">2. Effects of Policy Relating to New Medical Service and Technology Add-On Payments</FP>
            <FP SOURCE="FP1-2">3. Effects of Policy Changes Relating to SCHs</FP>
            <FP SOURCE="FP1-2">4. Effects of Payment Adjustment for Low-Volume Hospitals for FY 2013</FP>
            <FP SOURCE="FP1-2">5. Effects of Policy Changes Relating to Payment Adjustments for Medicare Disproportionate Share Hospitals (DSHs) and Indirect Medical Education (IME)</FP>
            <FP SOURCE="FP1-2">6. Effects of the Policy Changes Relating to Direct GME and IME</FP>
            <FP SOURCE="FP1-2">a. Effects of Clarification and Policy Regarding Timely Filing Requirements for Claims for Medicare Advantage Enrollees Under Fee-for-Service Medicare</FP>
            <FP SOURCE="FP1-2">b. Effects of Policy Changes Relating to New Teaching Hospitals: New Program Growth From 3 Years to 5 Years</FP>
            <FP SOURCE="FP1-2">c. Effects of Changes Relating to 5-Year Period Following Implementation of Reductions and Increases to Hospitals' FTE Resident Caps for GME Payment Purposes Under Section 5503 of The Affordable Care Act</FP>
            <FP SOURCE="FP1-2">d. Preservation of Resident Cap Positions From Closed Hospitals (Section 5506 of the Affordable Care Act)</FP>
            <FP SOURCE="FP1-2">7. Effects of Changes Relating to the Reporting Requirements for Pension Costs for Medicare Cost-Finding Purposes</FP>
            <FP SOURCE="FP1-2">8. Effects of Implementation of Rural Community Hospital Demonstration Program</FP>
            <FP SOURCE="FP1-2">9. Effects of Change in Effective Date for Policies Relating to Hospital Services Furnished Under Arrangements</FP>
            <FP SOURCE="FP1-2">I. Effects of Changes in the Capital IPPS</FP>
            <FP SOURCE="FP1-2">1. General Considerations</FP>
            <FP SOURCE="FP1-2">2. Results</FP>
            <FP SOURCE="FP1-2">J. Effects of Payment Rate Changes and Policy Changes Under the LTCH PPS</FP>
            <FP SOURCE="FP1-2">1. Introduction and General Considerations</FP>
            <FP SOURCE="FP1-2">2. Impact on Rural Hospitals<PRTPAGE P="53265"/>
            </FP>
            <FP SOURCE="FP1-2">3. Anticipated Effects of LTCH PPS Payment Rate Change and Policy Changes</FP>
            <FP SOURCE="FP1-2">4. Effect on the Medicare Program</FP>
            <FP SOURCE="FP1-2">5. Effect on Medicare Beneficiaries</FP>
            <FP SOURCE="FP1-2">K. Effects of Requirements for Hospital Inpatient Quality Reporting (IQR) Program</FP>
            <FP SOURCE="FP1-2">L. Effects of PPS-Exempt Cancer Hospital Quality Reporting (PCHQR) Program</FP>
            <FP SOURCE="FP1-2">M. Effects of Hospital Value-Based Purchasing (VBP) Program Requirements</FP>
            <FP SOURCE="FP1-2">N. Effects of New Measures Added to the LTCH Quality Reporting (LTCHQR) Program</FP>
            <FP SOURCE="FP1-2">O. Effects of Quality Reporting Requirements for Ambulatory Surgical Centers</FP>
            <FP SOURCE="FP1-2">P. Effects of Requirements for the Inpatient Psychiatric Facilities Quality Reporting (IPFQR) Program</FP>
            <FP SOURCE="FP1-2">Q. Effects of Requirements for Provider and Practitioner Medical Record Deadlines and Claims Denials</FP>
            <FP SOURCE="FP1-2">R. Alternatives Considered</FP>
            <FP SOURCE="FP1-2">S. Overall Conclusion</FP>
            <FP SOURCE="FP1-2">1. Acute Care Hospitals</FP>
            <FP SOURCE="FP1-2">2. LTCHs</FP>
            <FP SOURCE="FP-2">II. Accounting Statements and Tables</FP>
            <FP SOURCE="FP1-2">A. Acute Care Hospitals</FP>
            <FP SOURCE="FP1-2">B. LTCHs</FP>
            <FP SOURCE="FP-2">III. Regulatory Flexibility Act (RFA) Analysis</FP>
            <FP SOURCE="FP-2">IV. Impact on Small Rural Hospitals</FP>
            <FP SOURCE="FP-2">V. Unfunded Mandate Reform Act (UMRA) Analysis</FP>
            <FP SOURCE="FP-2">VI. Executive Order 12866</FP>
            <FP SOURCE="FP-2">Appendix B: Recommendation of Update Factors for Operating Cost Rates of Payment for Inpatient Hospital Services</FP>
            <FP SOURCE="FP-2">I. Background</FP>
            <FP SOURCE="FP-2">II. Inpatient Hospital Update for FY 2013</FP>
            <FP SOURCE="FP1-2">A. FY 2013 Inpatient Hospital Update</FP>
            <FP SOURCE="FP1-2">B. Update for SCHs for FY 2013</FP>
            <FP SOURCE="FP1-2">C. FY 2013 Puerto Rico Hospital Update</FP>
            <FP SOURCE="FP1-2">D. Update for Hospitals Excluded From the IPPS</FP>
            <FP SOURCE="FP1-2">E. Update for LTCHs</FP>
            <FP SOURCE="FP-2">III. Secretary's Recommendation</FP>
            <FP SOURCE="FP-2">IV. MedPAC Recommendation for Assessing Payment Adequacy and Updating Payments in Traditional Medicare</FP>
          </EXTRACT>
          <HD SOURCE="HD1">I. Executive Summary and Background</HD>
          <HD SOURCE="HD2">A. Executive Summary</HD>
          <HD SOURCE="HD3">1. Purpose and Legal Authority</HD>
          <P>This final rule makes payment and policy changes under the Medicare inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals as well as for certain hospitals and hospital units excluded from the IPPS. In addition, it makes payment and policy changes for inpatient hospital services provided by long-term care hospitals (LTCHs) under the long-term care hospital prospective payment system (LTCH PPS). It also makes policy changes to programs associated with Medicare IPPS hospitals and LTCHs.</P>
          <P>Under various statutory authorities, we are making changes to the Medicare IPPS, to the LTCH PPS, and to other related payment methodologies and programs for FY 2013. These statutory authorities include, but are not limited to, the following:</P>
          <P>• Section 1886(d) of the Social Security Act (the Act), which sets forth a system of payment for the operating costs of acute care hospital inpatient stays under Medicare Part A (Hospital Insurance) based on prospectively set rates. Section 1886(g) of the Act requires that, instead of paying for capital-related costs of inpatient hospital services on a reasonable cost basis, the Secretary use a prospective payment system (PPS).</P>
          <P>• Section 1886(d)(1)(B) of the Act, which specifies that certain hospitals and hospital units are excluded from the IPPS. These hospitals and units are: Rehabilitation hospitals and units; LTCHs; psychiatric hospitals and units; children's hospitals; and cancer hospitals. Religious nonmedical health care institutions (RNHCIs) are also excluded from the IPPS.</P>
          <P>• Sections 123(a) and (c) of Public Law 106-113 and section 307(b)(1) of Public Law 106-554 (as codified under section 1886(m)(1) of the Act), which provide for the development and implementation of a prospective payment system for payment for inpatient hospital services of long-term care hospitals (LTCHs) described in section 1886(d)(1)(B)(iv) of the Act.</P>
          <P>• Sections 1814(l), 1820, and 1834(g) of the Act, which specifies that payments are made to critical access hospitals (CAHs) (that is, rural hospitals or facilities that meet certain statutory requirements) for inpatient and outpatient services and that these payments are generally based on 101 percent of reasonable cost.</P>
          <P>• Section 1886(d)(3)(A)(vi) of the Act, which authorizes us to maintain budget neutrality by adjusting the national standardized amount, to eliminate the estimated effect of changes in coding or classification that do not reflect real changes in case-mix.</P>
          <P>• Section 1886(d)(4)(D) of the Act, which addresses certain hospital-acquired conditions (HACs), including infections. Section 1886(d)(4)(D) of the Act specifies that, by October 1, 2007, the Secretary was required to select, in consultation with the Centers for Disease Control and Prevention (CDC), at least two conditions that: (a) Are high cost, high volume, or both; (b) are assigned to a higher paying MS-DRG when present as a secondary diagnosis (that is, conditions under the MS-DRG system that are CCs or MCCs); and (c) could reasonably have been prevented through the application of evidence-based guidelines. Section 1886(d)(4)(D) of the Act also specifies that the list of conditions may be revised, again in consultation with CDC, from time to time as long as the list contains at least two conditions. Section 1886(d)(4)(D)(iii) of the Act requires that hospitals, effective with discharges occurring on or after October 1, 2007, submit information on Medicare claims specifying whether diagnoses were present on admission (POA). Section 1886(d)(4)(D)(i) of the Act specifies that effective for discharges occurring on or after October 1, 2008, Medicare no longer assigns an inpatient hospital discharge to a higher paying MS-DRG if a selected condition is not POA.</P>
          <P>• Section 1886(a)(4) of the Act, which specifies that costs of approved educational activities are excluded from the operating costs of inpatient hospital services. Hospitals with approved graduate medical education (GME) programs are paid for the direct costs of GME in accordance with section 1886(h) of the Act.</P>
          <P>• Section 1886(b)(3)(B)(viii) of the Act, which requires the Secretary to reduce the applicable percentage increase in payments to a subsection (d) hospital for a fiscal year if the hospital does not submit data on measures in a form and manner, and at a time, specified by the Secretary.</P>
          <P>• Section 1886(o) of the Act, which requires the Secretary to establish a Hospital Value-Based Purchasing (VBP) Program under which value-based incentive payments are made in a fiscal year to hospitals meeting performance standards established for a performance period for such fiscal year. Both the performance standards and the performance period for a fiscal year are to be established by the Secretary. Section 1886(o)(1)(B) of the Act directs the Secretary to begin making value-based incentive payments under the Hospital Inpatient VBP Program to hospitals for discharges occurring on or after October 1, 2012.</P>

          <P>• Section 1886(q) of the Act, as added by section 3025 of the Affordable Care Act and amended by section 10309 of the Affordable Care Act, which establishes the “Hospital Readmissions Reduction Program” effective for discharges from an “applicable hospital” beginning on or after October 1, 2012, under which payments to those hospitals under section 1886(d) of the Act will be reduced to account for certain excess readmissions.<PRTPAGE P="53266"/>
          </P>
          <HD SOURCE="HD3">2. Summary of the Major Provisions</HD>
          <HD SOURCE="HD3">a. MS-DRG Documentation and Coding Adjustment, Including the Applicability to the Hospital-Specific Rates and the Puerto Rico-Specific Standardized Amount</HD>
          <P>Section 7(b)(1)(A) of Public Law 110-90 requires that, if the Secretary determines that implementation of the MS-DRG system resulted in changes in documentation and coding that did not reflect real changes in case-mix for discharges occurring during FY 2008 or FY 2009 that are different than the prospective documentation and coding adjustments applied under section 7(a) of Public Law 110-90, the Secretary shall make an appropriate prospective adjustment under section 1886(d)(3)(A)(vi) of the Act.</P>
          <P>Section 7(b)(1)(B) of Public Law 110-90 requires the Secretary to make an additional one-time adjustment to the standardized amounts to offset the estimated increase or decrease in aggregate payments for FYs 2008 and 2009 resulting from the difference between the estimated actual documentation and coding effect and the documentation and coding adjustment applied under section 7(a) of Public Law 110-90.</P>
          <P>After accounting for adjustments made in FYs 2008 and 2009, we have found a remaining documentation and coding effect of 3.9 percent. As we have discussed, an additional cumulative adjustment of −3.9 percent would be necessary to meet the requirements of section 7(b)(1)(A) of Public Law 110-90. Without making this adjustment, our actuaries estimated that annual aggregate payments would be increased by approximately $4 billion. Furthermore, an additional one-time adjustment of −5.8 percent would be required to fully recapture overpayments (estimated at approximately $6.9 billion) due to documentation and coding that occurred in FY 2008 and FY 2009, as required by section 7(b)(1)(B) of Public Law 110-90.</P>
          <P>CMS has thus far implemented a −2.0 percent (of a required −3.9 percent) prospective adjustment, and completed the full one-time −5.8 percent recoupment adjustment (−2.9 percent in both FYs 2011 and 2012). In FY 2013, we are completing the remaining −1.9 percent prospective adjustment, while also making a + 2.9 percent adjustment to remove the effect of the FY 2012 one-time recoupment adjustment. We have also determined that a cumulative adjustment of −5.4 percent is required to eliminate the full effect of documentation and coding changes on future payments to SCHs and MDHs. After accounting for adjustments made to the hospital-specific rate in FY 2011 and FY 2012, an additional prospective adjustment of −0.5 percent is necessary to complete the full −5.4 adjustment. For FY 2013, we are making a full −0.5 percent adjustment to the hospital-specific rate, in keeping with our policy of applying equivalent adjustments, when applicable, to other subsection (d) hospital payment systems.</P>
          <P>In the FY 2013 IPPS/LTCH PPS proposed rule, we proposed to make an additional adjustment to account for documentation and coding effects that occurred in FY 2010. After review of comments and recommendations from MedPAC, CMS analyzed FY 2010 claims using the same methodology as previously applied to FYs 2008 and 2009 claims. CMS estimated that there was a 0.8 percentage point effect due to documentation and coding that did not reflect an actual increase in patient severity. However, in light of public comments we received on the proposed rule, we are not making an adjustment to account for this effect at this time. Therefore, the total documentation and coding adjustment for FY 2013 is a + 1.0 percent adjustment (−1.9 plus + 2.9) to the standardized amount and a −0.5 percent adjustment to the hospital-specific rate.</P>
          <HD SOURCE="HD3">b. Hospital-Acquired Conditions (HACs)</HD>
          <P>Section 1886(d)(4)(D) specifies that, by October 1, 2007, the Secretary was required to select, in consultation with the Centers for Disease Control and Prevention (CDC), at least two conditions that: (a) Are high cost, high volume, or both; (b) are assigned to a higher paying MS-DRG when present as a secondary diagnosis (that is, conditions under the MS-DRG system that are CCs or MCCs); and (c) could reasonably have been prevented through the application of evidence-based guidelines. Section 1886(d)(4)(D) of the Act also specifies that the list of conditions may be revised, again in consultation with CDC, from time to time as long as the list contains at least two conditions.</P>
          <P>In this final rule, we are adding two new conditions, Surgical Site Infection (SSI) Following Cardiac Implantable Electronic Device (CIED) Procedures and Pneumothorax with Venous Catheterization, for the HAC payment provisions for FY 2013 under section 1886(d)(4)(D) of the Act. We note that the SSI Following CEID Procedures condition will be a new subcategory of the SSI HAC category. We also are adding diagnosis codes 999.32 (Bloodstream infection due to central venous catheter) and 999.33 (Local infection due to central venous catheter) to the existing Vascular Catheter-Associated Infection HAC category for FY 2013.</P>
          <HD SOURCE="HD3">c. Reduction of Hospital Payments for Excess Readmissions</HD>
          <P>We are finalizing a number of policies to implement section 1886(q) of the Act, as added by section 3025 of the Affordable Care Act, which establishes the Hospital Readmissions Reduction Program. The Hospital Readmissions Reduction Program requires a reduction to a hospital's base operating DRG payments to account for excess readmissions of selected applicable conditions, which are acute myocardial infarction, heart failure, and pneumonia. We are finalizing provisions related to the applicable hospitals that are included in the Hospital Readmissions Reduction Program, the methodology to calculate the adjustment factor, the portion of the hospital's payment that is reduced by the adjustment factor, and the process under which the hospitals have the opportunity to review and submit corrections for their readmissions information prior to the information being posted on the Hospital Compare Web site.</P>
          <HD SOURCE="HD3">d. Long-Term Care Hospital-Specific Market Basket</HD>
          <P>We are updating LTCH payment rates with a separate market basket comprised of data from only LTCHs, which we refer to as a “LTCH-specific market basket.” We are implementing a stand-alone LTCH market basket based on FY 2009 Medicare cost report data. The method used to calculate the cost weights and the price proxies used are generally similar to those used in the FY 2008-based RPL market basket that was finalized for the FY 2012 IPPS/LTCH PPS final rule. The primary difference is that we are using data from LTCH providers only.</P>
          <HD SOURCE="HD3">e. Expiration of Certain Payment Rules for LTCH Services and the Moratorium on the Establishment of Certain Hospitals and Satellite Facilities and the Increase in the Number of Beds in LTCHs and LTCH Satellite Facilities</HD>

          <P>Moratoria on the implementation of certain LTCH payment policies and on the development of new LTCHs and LTCH satellite facilities and on bed increases in existing LTCHs and LTCH satellite facilities established under sections 114(c) and (d) of the MMSEA (Pub. L. 110-173) as amended by section 4302 of the ARRA (Pub. L. 111-5) and further amended by sections<PRTPAGE P="53267"/>3106 and 10312 of the Affordable Care Act are set to expire during CY 2012, under current law.</P>
          <P>The moratoria established by these provisions delayed the full implementation of the following policies for 5 years beginning at various times in CY 2007:</P>
          <P>• The full application of the “25-percent payment adjustment threshold” to certain LTCHs, including hospitals-within-hospitals (HwHs) and LTCH satellite facilities for cost reporting periods beginning on or after July 1, 2007, and before July 1, 2012, or cost reporting periods beginning on or after October 1, 2007, and before October 1, 2012, as applicable under the regulations at §§ 412.534 and 412.536.</P>
          <P>• The inclusion of an “IPPS comparable per diem amount” option for payment determinations under the short stay outlier (SSO) adjustment at § 412.529 of the regulations for LTCH discharges occurring on or after December 29, 2007, but prior to December 29, 2012.</P>
          <P>• The application of any one-time budget neutrality adjustment to the LTCH PPS standard Federal rate provided for in § 412.523(d)(3) of the regulations from December 29, 2007, through December 28, 2012.</P>
          <P>• In general, the development of new LTCHs and LTCH satellite facilities, or increases in the number of beds in existing LTCHs and LTCH satellite facilities from December 29, 2007, through December 28, 2012, unless one of the specified exceptions to the particular moratorium was met.</P>
          <P>In this final rule, we are extending the existing delay of the full implementation of the 25-percent payment adjustment threshold for an additional year; that is, for cost reporting periods beginning on or after October 1, 2012, and before October 1, 2013, as applicable. We are providing a 1-year moratorium on the application of the “25-percent threshold” payment adjustment for cost reporting periods beginning on or after October 1, 2012, and before October 1, 2013. However, the moratorium will expire for several types of LTCHs with cost reporting periods beginning before