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  <VOL>77</VOL>
  <NO>175</NO>
  <DATE>Monday, September 10, 2012</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agency Health</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agency for Healthcare Research and Quality</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>55475-55477</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22028</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Healthcare Research and Quality Special Emphasis Panel,</SJDOC>
          <PGS>55477-55478</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22027</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Agricultural Research</EAR>
      <HD>Agricultural Research Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>55451-55452</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22201</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Agriculture</EAR>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Agricultural Research Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Forest Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Determination of Total Amounts of Fiscal Year 2013 Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses; and the Fiscal Year 2013 Overall Allotment Quantity under the Sugar Marketing Allotment Program,</DOC>
          <PGS>55451</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22134</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Air Force</EAR>
      <HD>Air Force Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Issuances of Exclusive Patent Licenses,</DOC>
          <PGS>55465-55466</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22186</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Army</EAR>
      <HD>Army Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Short Range-Projects and Update of Real Property Master Plan for Fort Belvoir, VA,</SJDOC>
          <PGS>55466</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22225</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers Disease</EAR>
      <HD>Centers for Disease Control and Prevention</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>55478-55479</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22188</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers Medicare</EAR>
      <HD>Centers for Medicare &amp; Medicaid Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Medicare, Medicaid, and CHIP Programs:</SJ>
        <SJDENT>
          <SJDOC>Research and Analysis on Impact of Programs on Indian Health Care System,</SJDOC>
          <PGS>55479-55480</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22189</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Civil Rights</EAR>
      <HD>Civil Rights Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>North Dakota Advisory Committee,</SJDOC>
          <PGS>55454</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22193</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Drawbridge Operations:</SJ>
        <SJDENT>
          <SJDOC>Inside Thoroughfare, New Jersey Intracoastal Waterway, Atlantic City, NJ,</SJDOC>
          <PGS>55416</PGS>
          <FRDOCBP D="0" T="10SER1.sgm">2012-22158</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, NY,</SJDOC>
          <PGS>55416-55417</PGS>
          <FRDOCBP D="1" T="10SER1.sgm">2012-22162</FRDOCBP>
        </SJDENT>
        <SJ>Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters:</SJ>
        <SJDENT>
          <SJDOC>Information Collection Approval; Correction,</SJDOC>
          <PGS>55417</PGS>
          <FRDOCBP D="0" T="10SER1.sgm">2012-22240</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Special Local Regulations:</SJ>
        <SJDENT>
          <SJDOC>Partnership in Education, Dragon Boat race, Maumee River, Toledo, OH,</SJDOC>
          <PGS>55436-55439</PGS>
          <FRDOCBP D="3" T="10SEP1.sgm">2012-22153</FRDOCBP>
        </SJDENT>
        <SJ>Vessel Traffic Service; Updates:</SJ>
        <SJDENT>
          <SJDOC>Vessel Traffic Service Requirements Establishment, Port Arthur, TX, and VTS Special Operating Area Expansion, Puget Sound,</SJDOC>
          <PGS>55439-55448</PGS>
          <FRDOCBP D="9" T="10SEP1.sgm">2012-22164</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Workshops:</SJ>
        <SJDENT>
          <SJDOC>Marine Technology and Standards,</SJDOC>
          <PGS>55482-55484</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22247</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign-Trade Zones Board</P>
      </SEE>
      <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>
    </AGCY>
    <AGCY>
      <EAR>Commission Fine</EAR>
      <HD>Commission of Fine Arts</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Commission of Fine Arts,</SJDOC>
          <PGS>55465</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-21938</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commodity Futures</EAR>
      <HD>Commodity Futures Trading Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>55465</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22250</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Air Force Department</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Army Department</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Federal Acquisition Regulations:</SJ>
        <SJDENT>
          <SJDOC>Agency Information Collection Activities; Permits, Authorities, or Franchises,</SJDOC>
          <PGS>55475</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22202</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Drug</EAR>
      <HD>Drug Enforcement Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Controlled Substances:</SJ>
        <SJDENT>
          <SJDOC>Final Adjusted Aggregate Production Quotas for 2012,</SJDOC>
          <PGS>55500-55503</PGS>
          <FRDOCBP D="3" T="10SEN1.sgm">2012-22128</FRDOCBP>
        </SJDENT>
        <SJ>Final Adjusted Assessment of Annual Needs:</SJ>
        <SJDENT>
          <SJDOC>List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2012,</SJDOC>
          <PGS>55503</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22127</FRDOCBP>
        </SJDENT>
        <SJ>Importers of Controlled Substances; Registrations:</SJ>
        <SJDENT>
          <SJDOC>Cambrex Charles City, Inc.,</SJDOC>
          <PGS>55503-55504</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22157</FRDOCBP>
        </SJDENT>
        <SJ>Manufacturers of Controlled Substances; Registrations:</SJ>
        <SJDENT>
          <SJDOC>Alltech Associates, Inc.,</SJDOC>
          <PGS>55504-55505</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22156</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>AMPAC Fine Chemicals LLC,</SJDOC>
          <PGS>55505</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22159</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Noramco, Inc.,</SJDOC>
          <PGS>55504</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22129</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Research Triangle Institute,</SJDOC>
          <PGS>55504</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22154</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>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Approvals and Promulgations of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Delaware; Infrastructure Requirements for 2008 Lead National Ambient Air Quality Standards,</SJDOC>
          <PGS>55419-55420</PGS>
          <FRDOCBP D="1" T="10SER1.sgm">2012-22086</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>West Virginia; Infrastructure Requirements for 2008 Lead National Ambient Air Quality Standards,</SJDOC>
          <PGS>55417-55419</PGS>
          <FRDOCBP D="2" T="10SER1.sgm">2012-22084</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <PRTPAGE P="iv"/>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Reporting and Recordkeeping Requirements of the HCFC Allowance System,</SJDOC>
          <PGS>55470-55472</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22206</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>55472</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22349</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Farm Credit</EAR>
      <HD>Farm Credit Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>55472-55473</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22342</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>Glasflugel Gliders,</SJDOC>
          <PGS>55411-55413</PGS>
          <FRDOCBP D="2" T="10SER1.sgm">2012-22039</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Communications</EAR>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Emergency Access Advisory Committee,</SJDOC>
          <PGS>55473</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22133</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Deposit</EAR>
      <HD>Federal Deposit Insurance Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Basel II Recordkeeping and Disclosures,</SJDOC>
          <PGS>55473-55474</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22191</FRDOCBP>
        </SJDENT>
        <SJ>Terminations of Receiverships:</SJ>
        <SJDENT>
          <SJDOC>Access Bank, Champlin, MN,</SJDOC>
          <PGS>55474</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22192</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>Barren River Lake Hydro LLC,</SJDOC>
          <PGS>55466-55467</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22180</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Oliver Hydro LLC,</SJDOC>
          <PGS>55468-55469</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22184</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Placer County Water Agency,</SJDOC>
          <PGS>55467-55468</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22181</FRDOCBP>
        </SJDENT>
        <SJ>Filings:</SJ>
        <SJDENT>
          <SJDOC>Kinder Morgan Border Pipeline LLC,</SJDOC>
          <PGS>55469</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22183</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Records Governing Off-the-Record Communications,</DOC>
          <PGS>55469-55470</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22179</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Maritime</EAR>
      <HD>Federal Maritime Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>55474</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22200</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Fine Arts Commission</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Commission of Fine Arts</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Endangered and Threatened Wildlife and Plants:</SJ>
        <SJDENT>
          <SJDOC>Removal of Gray Wolf in Wyoming from Federal List of Endangered and Threatened Wildlife and Removal of Wyoming Wolf Populations Status as Experimental Population,</SJDOC>
          <PGS>55530-55604</PGS>
          <FRDOCBP D="74" T="10SER2.sgm">2012-21988</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food and Drug</EAR>
      <HD>Food and Drug Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>New Animal Drugs:</SJ>
        <SJDENT>
          <SJDOC>Chorionic Gonadotropin; Naloxone; Oxymorphone; Oxytocin,</SJDOC>
          <PGS>55413-55414</PGS>
          <FRDOCBP D="1" T="10SER1.sgm">2012-22196</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Enrofloxacin; Tylvalosin,</SJDOC>
          <PGS>55414-55415</PGS>
          <FRDOCBP D="1" T="10SER1.sgm">2012-22194</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Draft Compliance Policy Guide Sec. 690.150:</SJ>
        <SJDENT>
          <SJDOC>Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats,</SJDOC>
          <PGS>55480-55481</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22231</FRDOCBP>
        </SJDENT>
        <SJ>Withdrawal of Approvals of New Animal Drug Applications:</SJ>
        <SJDENT>
          <SJDOC>Chorionic Gonadotropin; Naloxone; Oxymorphone; Oxytocin,</SJDOC>
          <PGS>55481-55482</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22195</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Trade</EAR>
      <HD>Foreign-Trade Zones Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Approvals for Manufacturing Authority:</SJ>
        <SJDENT>
          <SJDOC>Foreign-Trade Zone 72, Wind Turbine Gear Boxes; Brevini Wind USA, Inc., Yorktown, IN,</SJDOC>
          <PGS>55455</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22249</FRDOCBP>
        </SJDENT>
        <SJ>Authorizations of Production Activity:</SJ>
        <SJDENT>
          <SJDOC>Foreign-Trade Zone 235, Fragrance Bottling; Cosmetic Essence Innovations, LLC, Holmdel, NJ,</SJDOC>
          <PGS>55455</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22248</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Forest</EAR>
      <HD>Forest Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Butte County Resource Advisory Committee,</SJDOC>
          <PGS>55453-55454</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22177</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Juneau Resource Advisory Committee,</SJDOC>
          <PGS>55453</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22032</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Lynn Canal-Icy Strait Resource Advisory Committee,</SJDOC>
          <PGS>55452-55453</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22011</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Plumas County Resource Advisory Committee,</SJDOC>
          <PGS>55454</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22182</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>General Services</EAR>
      <HD>General Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Federal Acquisition Regulations:</SJ>
        <SJDENT>
          <SJDOC>Agency Information Collection Activities; Permits, Authorities, or Franchises,</SJDOC>
          <PGS>55475</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22202</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Agency for Healthcare Research and Quality</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Disease Control and Prevention</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Medicare &amp; Medicaid Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Substance Abuse and Mental Health Services Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Healthcare Research and Quality Agency</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Agency for Healthcare Research and Quality</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Citizenship and Immigration Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Customs and Border Protection</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Immigration and Customs Enforcement</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>Fair Housing Initiatives Program Grant Application and Monitoring Reports,</SJDOC>
          <PGS>55491-55492</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22215</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Funding Availability for OneCPD Technical Assistance and Capacity Building Program,</SJDOC>
          <PGS>55489-55490</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22216</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Neighborhood Stabilization Program Tracking Study,</SJDOC>
          <PGS>55490-55491</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22213</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Study of Public Housing Agencies' Engagement with Homeless Households,</SJDOC>
          <PGS>55488-55489</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22212</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Funding for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas; Availability,</DOC>
          <PGS>55492</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22120</FRDOCBP>
        </DOCENT>
        <SJ>Mortgagee Review Board:</SJ>
        <SJDENT>
          <SJDOC>Administrative Actions,</SJDOC>
          <PGS>55492-55495</PGS>
          <FRDOCBP D="3" T="10SEN1.sgm">2012-22126</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>Land Management Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Reclamation Bureau</P>
      </SEE>
      <SEE>
        <PRTPAGE P="v"/>
        <HD SOURCE="HED">See</HD>
        <P>Surface Mining Reclamation and Enforcement Office</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Internal Revenue</EAR>
      <HD>Internal Revenue Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee,</SJDOC>
          <PGS>55525</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22130</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee,</SJDOC>
          <PGS>55525</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22166</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Joint Committee,</SJDOC>
          <PGS>55526</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22161</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Refund Processing Communications Project Committee,</SJDOC>
          <PGS>55526</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22160</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Return Processing Delays Project Committee,</SJDOC>
          <PGS>55525-55526</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22165</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Small Business / Self-Employed Decreasing Non-Filers Project Committee,</SJDOC>
          <PGS>55527</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22132</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Tax Forms and Publications Project Committee,</SJDOC>
          <PGS>55526-55527</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22131</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee,</SJDOC>
          <PGS>55525</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22169</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Taxpayer Advocacy Panel Toll-Free Project Committee,</SJDOC>
          <PGS>55526</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22163</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Adm</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Light-Walled Rectangular Pipe and Tube from Turkey,</SJDOC>
          <PGS>55455-55456</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22238</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Investigations; Determinations, Results, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Electronic Imaging Devices,</SJDOC>
          <PGS>55498-55499</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22172</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Certain Light-Emitting Diodes and Products Containing Same,</SJDOC>
          <PGS>55499</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22171</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Drug Enforcement Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Lodgings of Consent Decrees:</SJ>
        <SJDENT>
          <SJDOC>Comprehensive Environmental Response, Compensation, and Liability Act,</SJDOC>
          <PGS>55499-55500</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22121</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Labor Department</EAR>
      <HD>Labor Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Department of Labor Generic Solution for Customer Satisfaction Surveys and Conference Evaluations,</SJDOC>
          <PGS>55506-55507</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22245</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Department of Labor Generic Solution for Solicitation for Grant Applications,</SJDOC>
          <PGS>55505-55506</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22239</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Minerals Management:</SJ>
        <SJDENT>
          <SJDOC>Adjustment of Cost Recovery Fees,</SJDOC>
          <PGS>55420-55425</PGS>
          <FRDOCBP D="5" T="10SER1.sgm">2012-22217</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Realty Actions:</SJ>
        <SJDENT>
          <SJDOC>Application for Conveyance of Federally Owned Mineral Interests in Maricopa County, AZ,</SJDOC>
          <PGS>55495-55496</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22220</FRDOCBP>
        </SJDENT>
        <SJ>Temporary Closures of Public Lands:</SJ>
        <SJDENT>
          <SJDOC>Eastern Lassen County, CA and Western Washoe County, NV,</SJDOC>
          <PGS>55496-55497</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22222</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>NASA</EAR>
      <HD>National Aeronautics and Space Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Federal Acquisition Regulations:</SJ>
        <SJDENT>
          <SJDOC>Agency Information Collection Activities; Permits, Authorities, or Franchises,</SJDOC>
          <PGS>55475</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22202</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Highway</EAR>
      <HD>National Highway Traffic Safety Administration</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Early Warning Reporting, Foreign Defect Reporting, and Motor Vehicle and Equipment Recall,</DOC>
          <PGS>55606-55644</PGS>
          <FRDOCBP D="38" T="10SEP2.sgm">2012-21574</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Fisheries Off West Coast States:</SJ>
        <SJDENT>
          <SJDOC>Modifications of West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions Nos. 4 through 14,</SJDOC>
          <PGS>55426-55428</PGS>
          <FRDOCBP D="2" T="10SER1.sgm">2012-22236</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:</SJ>
        <SJDENT>
          <SJDOC>Snapper-Grouper Fishery off Southern Atlantic States; Transferability of Black Sea Bass Pot Endorsements,</SJDOC>
          <PGS>55448-55450</PGS>
          <FRDOCBP D="2" T="10SEP1.sgm">2012-22221</FRDOCBP>
        </SJDENT>
        <SJ>Taking and Importing Marine Mammals:</SJ>
        <SJDENT>
          <SJDOC>Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico,</SJDOC>
          <PGS>55646-55679</PGS>
          <FRDOCBP D="33" T="10SEP3.sgm">2012-22092</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>Marine Mammals; File No. 17410,</SJDOC>
          <PGS>55456-55457</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22214</FRDOCBP>
        </SJDENT>
        <SJ>Atlantic Coastal Fisheries Cooperative Management Act Provisions:</SJ>
        <SJDENT>
          <SJDOC>Horseshoe Crabs; Application for Exempted Fishing Permit, 2012,</SJDOC>
          <PGS>55457-55458</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22223</FRDOCBP>
        </SJDENT>
        <SJ>Endangered and Threatened Species:</SJ>
        <SJDENT>
          <SJDOC>90-Day Finding on Petition to Delist the Southern Oregon/Northern California Coast Evolutionarily Significant Unit of Coho Salmon under the Endangered Species Act,</SJDOC>
          <PGS>55458-55459</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22209</FRDOCBP>
        </SJDENT>
        <SJ>Takes of Marine Mammals Incidental to Specified Activities:</SJ>
        <SJDENT>
          <SJDOC>Piling and Fill Removal in Woodard Bay Natural Resources Conservation Area, WA,</SJDOC>
          <PGS>55459-55463</PGS>
          <FRDOCBP D="4" T="10SEN1.sgm">2012-22211</FRDOCBP>
        </SJDENT>
        <SJ>Workshops:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Shark Identification and Protected Species Safe Handling, Release, and Identification,</SJDOC>
          <PGS>55464-55465</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22224</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Fitness-for-Duty Programs,</DOC>
          <PGS>55429-55430</PGS>
          <FRDOCBP D="1" T="10SEP1.sgm">2012-22185</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Approvals of Transfers of Early Site Permits and Conforming Amendments:</SJ>
        <SJDENT>
          <SJDOC>Virginia Electric and Power Co.; North Anna Site,</SJDOC>
          <PGS>55507-55509</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22175</FRDOCBP>
        </SJDENT>
        <SJ>Exemption:</SJ>
        <SJDENT>
          <SJDOC>Indiana Michigan Power Company,</SJDOC>
          <PGS>55509-55510</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22173</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Guidance on Performing a Seismic Margin Assessment,</DOC>
          <PGS>55510-55512</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22174</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>Paradox Valley Unit, Montrose County, CO,</SJDOC>
          <PGS>55497-55498</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22176</FRDOCBP>
        </SJDENT>
      </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>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22143</FRDOCBP>
          <PGS>55512-55513</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22144</FRDOCBP>
        </DOCENT>
        <PRTPAGE P="vi"/>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>Chicago Board Options Exchange, Incorporated,</SJDOC>
          <PGS>55515-55517</PGS>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22141</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Financial Industry Regulatory Authority, Inc.,</SJDOC>
          <PGS>55517-55523</PGS>
          <FRDOCBP D="4" T="10SEN1.sgm">2012-22139</FRDOCBP>
          <FRDOCBP D="2" T="10SEN1.sgm">2012-22142</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ OMX PHLX LLC,</SJDOC>
          <PGS>55513-55514</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22140</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>New Mexico,</SJDOC>
          <PGS>55523</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22199</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>State Department</EAR>
      <HD>State Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Application for Employment as a Locally Employed Staff or Family Member,</SJDOC>
          <PGS>55523-55524</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22203</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Substance</EAR>
      <HD>Substance Abuse and Mental Health Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Substance Abuse Prevention,</SJDOC>
          <PGS>55482</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22167</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Mining</EAR>
      <HD>Surface Mining Reclamation and Enforcement Office</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan,</DOC>
          <PGS>55430-55435</PGS>
          <FRDOCBP D="5" T="10SEP1.sgm">2012-22233</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Transportation Department</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Highway Traffic Safety Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Internal Revenue Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>55524</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22170</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>U.S. Citizenship</EAR>
      <HD>U.S. Citizenship and Immigration Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>55484-55486</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22136</FRDOCBP>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22137</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction,</DOC>
          <PGS>55486</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22138</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Customs</EAR>
      <HD>U.S. Customs and Border Protection</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Importer ID Input Record,</SJDOC>
          <PGS>55486-55487</PGS>
          <FRDOCBP D="1" T="10SEN1.sgm">2012-22115</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Voluntary Customer Survey,</SJDOC>
          <PGS>55487</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-22229</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Immigration</EAR>
      <HD>U.S. Immigration and Customs Enforcement</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Designation of Attorney in Fact,</SJDOC>
          <PGS>55488</PGS>
          <FRDOCBP D="0" T="10SEN1.sgm">2012-20315</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Interior Department, Fish and Wildlife Service,</DOC>
        <PGS>55530-55604</PGS>
        <FRDOCBP D="74" T="10SER2.sgm">2012-21988</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Transportation Department, National Highway Traffic Safety Administration,</DOC>
        <PGS>55606-55644</PGS>
        <FRDOCBP D="38" T="10SEP2.sgm">2012-21574</FRDOCBP>
      </DOCENT>
      <HD>Part IV</HD>
      <DOCENT>
        <DOC>Commerce Department, National Oceanic and Atmospheric Administration,</DOC>
        <PGS>55646-55679</PGS>
        <FRDOCBP D="33" T="10SEP3.sgm">2012-22092</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>175</NO>
  <DATE>Monday, September 10, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="55411"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0046; Directorate Identifier 2011-CE-040-AD; Amendment 39-17186; AD 2012-15-07 R1]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Glasflugel Gliders</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are revising an existing airworthiness directive (AD) for Glasflugel Models Standard Libelle-201B, Club Libelle 205, Mosquito, and Kestrel gliders. That AD currently requires actions to address the unsafe condition on these products. This new AD includes clarification that the replacement control rod has an additional drain hole at the rod bottom between the forks and is the acceptable configuration for compliance. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as corrosion damage to the elevator control rod that could lead to failure of the elevator control rod, possibly resulting in loss of control of the glider. We are issuing this AD to require actions to address the unsafe condition on these products.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective September 25, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 11, 2012.</P>
          <P>We must receive any comments on this AD by October 25, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at Document Management Facility, 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>For service information identified in this AD, contact Glasfaser Flugzeug-Service Hansjörg Streifeneder GmbH, D-72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email:<E T="03">info@streifly.de;</E>Internet:<E T="03">www.streifly.de/.</E>You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:<E T="03">jim.rutherford@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On July 18, 2012, we issued AD 2012-15-07, amendment 39-17136 (77 FR 46940, August 7, 2012) for Glasflugel Models Standard Libelle-201B, Club Libelle 205, Mosquito, and Kestrel gliders. That AD resulted from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. We issued that AD to require actions to address the unsafe condition on these products.</P>
        <HD SOURCE="HD1">Actions Since AD Was Issued</HD>
        <P>Since we issued AD 2012-15-07, amendment 39-17136 (77 FR 46940, August 7, 2012), compliance with the existing AD required operators to not install an elevator control rod with a control bore hole. An operator reported that the improved replacement rods, as expected, have no control bore hole on the side at the top of the rod where there had previously been a hole. However, the improved replacement rods do have a new drain hole at the bottom of the rod between the forks. The operator expressed confusion as to whether this drain hole would cause the new rod to not be in compliance since there was no clarification of “on the side.”</P>
        <HD SOURCE="HD1">Relevant Service Information</HD>
        <P>Glasfaser Flugzeug-Service GmbH has issued Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation approval dated September 9, 2011). 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</HD>
        <P>We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.</P>
        <HD SOURCE="HD1">AD Requirements</HD>
        <P>This AD retains the actions from AD 2012-15-07 but adds the language of “on the side” to assure that the replacement control rod, which has an additional drain hole at the rod bottom between the forks, is an acceptable configuration for compliance.</P>
        <HD SOURCE="HD1">FAA's Justification and Determination of the Effective Date</HD>
        <P>This action incorporates clarification that the additional drain hole at the rod bottom between the forks on the replacement control rods is the acceptable configuration for compliance and does not require any additional work for those airplanes. Therefore, we find that notice and opportunity for prior public comment are unnecessary and that good cause exists for making this amendment effective in less than 30 days.</P>
        <HD SOURCE="HD1">Comments Invited</HD>

        <P>This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include the docket number FAA-2012-0046 and directorate identifier 2011-CE-040-AD at the beginning of your comments. We<PRTPAGE P="55412"/>specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this 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 AD.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD will affect 54 products of U.S. registry. We also estimate that it would take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $333 per product.</P>
        <P>Based on these figures, we estimate the cost of the AD on U.S. operators to be $45,522, or $843 per product.</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 AD will not have federalism implications under Executive Order 13132. This AD will 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>For the reasons discussed above, I certify this AD:</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>
        <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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <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">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new AD:</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-15-07R1 Glasflugel:</E>Amendment 39-17186; Docket No. FAA-2012-0046; Directorate Identifier 2011-CE-040-AD.</FP>
            <HD SOURCE="HD1">(a) Effective Date</HD>
            <P>This airworthiness directive (AD) becomes effective September 25, 2012.</P>
            <HD SOURCE="HD1">(b) Affected ADs</HD>
            <P>This AD revises AD 2012-15-07, amendment 39-17136 (77 FR 46940, August 7, 2012).</P>
            <HD SOURCE="HD1">(c) Applicability</HD>
            <P>This AD applies to the following Glasflugel models and serial number (S/N) gliders, certificated in any category:</P>
            <P>(1) Club Libelle 205, all S/Ns.</P>
            <P>(2) Kestrel, all S/Ns, except S/N 85, 110, and 125.</P>
            <P>(3) Mosquito, all S/Ns.</P>
            <P>(4) Standard Libelle-201B, S/N 169.</P>
            <HD SOURCE="HD1">(d) Subject</HD>
            <P>Air Transport Association of America (ATA) Code 27: Flight Controls.</P>
            <HD SOURCE="HD1">(e) Reason</HD>
            <P>This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as corrosion damage to the elevator control rod that could lead to failure of the elevator control rod, possibly resulting in loss of control of the glider. We are issuing this AD to require actions to address the unsafe condition on these products.</P>
            <HD SOURCE="HD1">(f) Actions and Compliance</HD>
            <P>Unless already done, do the following actions:</P>
            <P>(1) Within 30 days after September 11, 2012 (the effective date of AD 2012-15-07), inspect the elevator control rod in the vertical fin following Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation approval dated September 9, 2011), as applicable to glider model.</P>
            <P>(2) If you find any discrepancy in the inspection required by paragraph (f)(1) of this AD, before further flight, replace the elevator control rod with an elevator control rod that does not have a control bore hole on the side following Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation approval dated September 9, 2011), as applicable to glider model.</P>
            <P>(3) Within 9 months after September 11, 2012 (the effective date of AD 2012-15-07), unless already done as required by paragraph (f)(2) of this AD, replace the elevator control rod in the vertical fin with an elevator control rod that does not have a control bore hole on the side following Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation approval dated September 9, 2011), as applicable to glider model.</P>
            <P>(4) As of September 11, 2012 (the effective date of AD 2012-15-07), do not install an elevator control rod with a control bore hole on the side.</P>
            <NOTE>
              <HD SOURCE="HED">Note to paragraphs (f)(2), (f)(3), and (f)(4) of this AD:</HD>
              <P>The replacement control rod has an additional drain hole at the rod bottom between the forks and is an acceptable configuration for compliance.</P>
            </NOTE>
            <P>(5) The actions mandated by this AD may be accomplished by persons authorized to perform maintenance in accordance with 14 CFR 43.3 and by persons authorized to approve aircraft for return to service after maintenance in accordance with 14 CFR 43.7.</P>
            <HD SOURCE="HD1">(g) Other FAA AD Provisions</HD>
            <P>The following provisions also apply to this AD:</P>
            <P>(1)<E T="03">Alternative Methods of Compliance (AMOCs):</E>The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures<PRTPAGE P="55413"/>found in 14 CFR 39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:<E T="03">jim.rutherford@faa.gov.</E>Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.</P>
            <P>(2)<E T="03">Airworthy Product:</E>For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.</P>
            <P>(3)<E T="03">Reporting Requirements:</E>For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.</P>
            <HD SOURCE="HD1">(h) Related Information</HD>

            <P>Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2011-0213R1, dated November 8, 2011; and Glasfaser Flugzeug-Service GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011 (EASA translation approval dated September 9, 2011), for related information. For service information related to this AD, contact Glasfaser Flugzeug-Service Hansjörg Streifeneder GmbH, D-72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email:<E T="03">info@streifly.de;</E>Internet:<E T="03">www.streifly.de/.</E>You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.</P>
            <HD SOURCE="HD1">(i) Material Incorporated by Reference</HD>
            <P>(1) The Director of the<E T="04">Federal Register</E>approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(3) The following information was approved for IBR on September 11, 2012.</P>
            <P>(i) Glasfaser Flugzeug Service GmbH Technical Note TN 201-40, TN 205-27, TN 206-26, TN 303-25, TN 304-12, TN 401-30, TN 501-10, and TN 604-11, Revision 1, dated July 14, 2011.</P>
            <P>(ii) Reserved.</P>

            <P>(4) For Glasflugel service information identified in this AD, contact Glasfaser Flugzeug-Service Hansjörg Streifeneder GmbH, D-72582 Grabenstetten, Germany; phone: +49(0)73821032, fax: +49(0)73821629; email:<E T="03">info@streifly.de;</E>Internet:<E T="03">www.streifly.de/.</E>
            </P>
            <P>(5) You may view this service information at FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.</P>

            <P>(6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/index.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Kansas City, Missouri, on August 31, 2012.</DATED>
          <NAME>Earl Lawrence,</NAME>
          <TITLE>Manager, Small Airplane Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22039 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Food and Drug Administration</SUBAGY>
        <CFR>21 CFR Parts 510 and 522</CFR>
        <DEPDOC>[Docket No. FDA-2012-N-0902]</DEPDOC>
        <SUBJECT>New Animal Drugs; Chorionic Gonadotropin; Naloxone; Oxymorphone; Oxytocin</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect the withdrawal of approval of four new animal drug applications (NADAs) at the sponsor's request because the products are no longer manufactured or marketed.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective September 20, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>David Alterman, Center for Veterinary Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855; 240-453-6843; email:<E T="03">david.alterman@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The sponsors of the four approved NADAs listed in table 1 of this document have requested that FDA withdraw approval because the products are no longer manufactured or marketed:</P>
        <GPOTABLE CDEF="xs60,r50,r100,15" COLS="4" OPTS="L2,i1">
          <TTITLE>Table 1—Withdrawal of Approval Requests</TTITLE>
          <BOXHD>
            <CHED H="1">NADA No.</CHED>
            <CHED H="1">Trade name (drug)</CHED>
            <CHED H="1">Applicant</CHED>
            <CHED H="1">Citation in 21 CFR</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">030-525</ENT>
            <ENT>NUMORPHAN (oxymorphone hydrochloride) Injection</ENT>
            <ENT>Endo Pharmaceuticals Inc., 100 Painters Dr., Chadds Ford, PA 19317</ENT>
            <ENT>522.1642</ENT>
          </ROW>
          <ROW>
            <ENT I="01">035-825</ENT>
            <ENT>NARCAN (naloxone hydrochloride) Injection</ENT>
            <ENT>Endo Pharmaceuticals Inc., 100 Painters Dr., Chadds Ford, PA 19317</ENT>
            <ENT>522.1462</ENT>
          </ROW>
          <ROW>
            <ENT I="01">046-822</ENT>
            <ENT>VETOCIN (oxytocin) Injection</ENT>
            <ENT>United Vaccines, A Harlan Sprague Dawley, Inc., Co., P.O. Box 4220, Madison, WI 53711</ENT>
            <ENT>522.1680</ENT>
          </ROW>
          <ROW>
            <ENT I="01">103-090</ENT>
            <ENT>CHORTROPIN (chorionic gonadotropin) Injection</ENT>
            <ENT>United Vaccines, A Harlan Sprague Dawley, Inc., Co., P.O. Box 4220, Madison, WI 53711</ENT>
            <ENT>522.1081</ENT>
          </ROW>
        </GPOTABLE>
        <P>Elsewhere in this issue of the<E T="04">Federal Register</E>, FDA gave notice that approval of NADAs 030-525, 035-825, 046-822, and 103-090, and all supplements and amendments thereto, is withdrawn, effective September 20, 2012. As provided in the regulatory text of this document, the animal drug regulations are amended to reflect these voluntary withdrawals of approval.</P>

        <P>Following these withdrawals of approval, Endo Pharmaceuticals Inc. and United Vaccines, A Harlan Sprague Dawley, Inc., Co., will no longer be the sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is being amended to remove the entries for these firms.<PRTPAGE P="55414"/>
        </P>
        <P>This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>21 CFR Part 510</CFR>
          <P>Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements.</P>
          <CFR>21 CFR Part 522</CFR>
          <P>Animal drugs.</P>
        </LSTSUB>
        
        <P>Therefore, under the Federal Food, Drug, and Cosmetic Act and under the authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and 522 are amended as follows:</P>
        <REGTEXT PART="510" TITLE="21">
          <PART>
            <HD SOURCE="HED">PART 510—NEW ANIMAL DRUGS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 21 CFR part 510 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="510" TITLE="21">
          <SECTION>
            <SECTNO>§ 510.600</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. In § 510.600, in the table in paragraph (c)(1), remove the entries for “Endo Pharmaceuticals Inc.” and “United Vaccines, A Harlan Sprague Dawley, Inc., Co.”; and in the table in paragraph (c)(2), remove the entries for “058639” and “060951”.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <PART>
            <HD SOURCE="HED">PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS</HD>
          </PART>
          <AMDPAR>3. The authority citation for 21 CFR part 522 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 360b.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <SECTION>
            <SECTNO>§ 522.1081</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>4. In § 522.1081, remove and reserve paragraph (b)(2).</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <SECTION>
            <SECTNO>§ 522.1462</SECTNO>
            <SUBJECT>[Removed]</SUBJECT>
          </SECTION>
          <AMDPAR>5. Remove § 522.1462.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <SECTION>
            <SECTNO>§ 522.1642</SECTNO>
            <SUBJECT>[Removed]</SUBJECT>
          </SECTION>
          <AMDPAR>6. Remove § 522.1642.</AMDPAR>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <SECTION>
            <SECTNO>§ 522.1680</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>7. In § 522.1680, in paragraph (b), remove “058639,”.</AMDPAR>
        </REGTEXT>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>Bernadette Dunham,</NAME>
          <TITLE>Director, Center for Veterinary Medicine.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22196 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Food and Drug Administration</SUBAGY>
        <CFR>21 CFR Parts 520, 522, and 556</CFR>
        <DEPDOC>[Docket No. FDA-2012-N-0002]</DEPDOC>
        <SUBJECT>New Animal Drugs; Enrofloxacin; Tylvalosin</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during July 2012. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule is effective September 10, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-276-9019,<E T="03">george.haibel@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>FDA is amending the animal drug regulations to reflect original and supplemental approval actions during July 2012, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Persons with access to the Internet may obtain these documents at the Center for Veterinary Medicine FOIA Electronic Reading Room:<E T="03">http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm.</E>
        </P>
        <GPOTABLE CDEF="xs60,r50,r50,r100,15,xs56,xls56" COLS="7" OPTS="L2,i1">
          <TTITLE>Table 1—Original and Supplemental NADAs and ANADAs Approved During July 2012</TTITLE>
          <BOXHD>
            <CHED H="1">NADA/ANADA</CHED>
            <CHED H="1">Sponsor</CHED>
            <CHED H="1">New animal drug product name</CHED>
            <CHED H="1">Action</CHED>
            <CHED H="1">21 CFR section</CHED>
            <CHED H="1">FOIA<LI>summary</LI>
            </CHED>
            <CHED H="1">NEPA<LI>review</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">141-336</ENT>
            <ENT>ECO LLC, 8209 Hollister Ave., Las Vegas, NV 89131</ENT>
            <ENT>AIVLOSIN (tylvalosin tartrate) Water Soluble Granules</ENT>

            <ENT>Original approval for control of porcine proliferative enteropathy (PPE) associated with<E T="03">Lawsonia intracellularis</E>infection in groups of swine in buildings experiencing an outbreak of PPE</ENT>
            <ENT>520.2645<LI O="xl">556.748</LI>
            </ENT>
            <ENT>yes</ENT>
            <ENT>CE<SU>1</SU>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="01">141-068</ENT>
            <ENT>Bayer HealthCare LLC, Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201</ENT>
            <ENT>BAYTRIL 100 (enrofloxacin) Injectable Solution</ENT>

            <ENT>Supplement adding control of bovine respiratory disease (BRD) in beef and non-lactating dairy cattle at high risk of developing BRD associated with<E T="03">Mannheimia haemolytica, Pasteurella multocida, Histophilus somni</E>and<E T="03">Mycoplasma bovis;</E>and revising a food safety warning statement</ENT>
            <ENT>522.812</ENT>
            <ENT>yes</ENT>
            <ENT>CE<SU>1</SU>
            </ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="55415"/>
            <ENT I="01">200-482</ENT>
            <ENT>Cross VetPharm Group, Ltd., Broomhill Rd., Tallaght, Dublin 24, Ireland</ENT>
            <ENT>AMPROMED for Calves (amprolium) 9.6% Oral Solution</ENT>
            <ENT>Original approval as a generic copy of NADA 13-149</ENT>
            <ENT>520.100</ENT>
            <ENT>yes</ENT>
            <ENT>CE<SU>1</SU>
            </ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>The Agency has determined under 21 CFR 25.33 that this action is categorically excluded (CE) from the requirement to submit an environmental assessment or an environmental impact statement because it is of a type that does not individually or cumulatively have a significant effect on the human environment.</TNOTE>
        </GPOTABLE>
        <P>This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>21 CFR Parts 520 and 522</CFR>
          <P>Animal drugs.</P>
          <CFR>21 CFR Part 556</CFR>
          <P>Animal drugs, Food.</P>
        </LSTSUB>
        
        <P>Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 520, 522, and 556 are amended as follows:</P>
        <REGTEXT PART="520" TITLE="21">
          <PART>
            <HD SOURCE="HED">PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 21 CFR part 520 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 360b.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="520" TITLE="21">
          <AMDPAR>2. In § 520.100, revise paragraph (b)(4) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 520.100</SECTNO>
            <SUBJECT>Amprolium.</SUBJECT>
            <STARS/>
            <P>(b) * * *</P>
            <P>(4) No. 061623 for use of product described in paragraph (a)(1) of this section as in paragraph (d)(2); and for use of product described in paragraph (a)(2) of this section as in paragraphs (d)(1) and (d)(2) of this section.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="520" TITLE="21">
          <AMDPAR>3. Add § 520.2645 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 520.2645</SECTNO>
            <SUBJECT>Tylvalosin.</SUBJECT>
            <P>(a)<E T="03">Specifications.</E>Granules containing 62.5 percent tylvalosin (w/w) as tylvalosin tartrate.</P>
            <P>(b)<E T="03">Sponsor.</E>See No. 066916 in § 510.600(c) of this chapter.</P>
            <P>(c)<E T="03">Related tolerances.</E>See § 556.748 of this chapter.</P>
            <P>(d)<E T="03">Conditions of use in swine</E>—(1)<E T="03">Amount.</E>Administer 50 parts per million tylvalosin in drinking water for 5 consecutive days.</P>
            <P>(2)<E T="03">Indications for use.</E>For the control of porcine proliferative enteropathy (PPE) associated with<E T="03">Lawsonia intracellularis</E>infection in groups of swine in buildings experiencing an outbreak of PPE.</P>
            <P>(3)<E T="03">Limitations.</E>Federal law restricts this drug to use by or on the order of a licensed veterinarian.</P>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="522" TITLE="21">
          <PART>
            <HD SOURCE="HED">PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS</HD>
          </PART>
          <AMDPAR>4. The authority citation for 21 CFR part 522 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 360b.</P>
          </AUTH>
          
          <AMDPAR>5. In 522.812, revise paragraphs (e)(2)(i), (e)(2)(ii)(A), and (e)(2)(iii) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 522.812</SECTNO>
            <SUBJECT>Enrofloxacin.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            <P>(2) * * *</P>
            <P>(i)<E T="03">Amount</E>—(A)<E T="03">Single-dose therapy:</E>For treatment of bovine respiratory disease (BRD), administer 7.5 to 12.5 mg/kg of body weight (3.4 to 5.7 mL per 100 pounds (/100 lb)) once by subcutaneous injection. For control of BRD, administer 7.5 mg/kg of body weight (3.4 mL/100 lb) once by subcutaneous injection.</P>
            <P>(B)<E T="03">Multiple-day therapy:</E>For treatment of BRD, administer 2.5 to 5.0 mg/kg of body weight (1.1 to 2.3 mL/100 lb) by subcutaneous injection. Treatment should be repeated at 24-hour intervals for 3 days. Additional treatments may be given on days 4 and 5 to animals that have shown clinical improvement but not total recovery.</P>
            <P>(ii)<E T="03">Indications for use</E>—(A)<E T="03">Single-dose therapy:</E>For the treatment of BRD associated with<E T="03">Mannheimia haemolytica, Pasteurella multocida, Histophilus somni,</E>and<E T="03">Mycoplasma bovis</E>in beef and non-lactating dairy cattle; for the control of BRD in beef and non-lactating dairy cattle at high risk of developing BRD associated with<E T="03">M. haemolytica, P. multocida, H. somni</E>and<E T="03">M. bovis.</E>
            </P>
            <STARS/>
            <P>(iii)<E T="03">Limitations.</E>Animals intended for human consumption must not be slaughtered within 28 days from the last treatment. This product is not approved for female dairy cattle 20 months of age or older, including dry dairy cows. Use in these cattle may cause drug residues in milk and/or in calves born to these cows. A withdrawal period has not been established for this product in preruminating calves. Do not use in calves to be processed for veal.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="556" TITLE="21">
          <PART>
            <HD SOURCE="HED">PART 556—TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD</HD>
          </PART>
          <AMDPAR>6. The authority citation for 21 CFR part 556 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>21 U.S.C. 342, 360b, 371.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="556" TITLE="21">
          <AMDPAR>7. Add § 556.748 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 556.748</SECTNO>
            <SUBJECT>Tylvalosin.</SUBJECT>
            <P>(a)<E T="03">Acceptable Daily Intake (ADI).</E>The ADI for total residues of tylvalosin is 47.7 micrograms per kilogram of body weight per day.</P>
            <P>(b)<E T="03">Tolerances.</E>A tolerance for tylvalosin in edible tissues of swine is not required.</P>
            <P>(c)<E T="03">Related conditions of use.</E>See § 520.2645 of this chapter.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>Bernadette Dunham,</NAME>
          <TITLE>Director, Center for Veterinary Medicine.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22194 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <PRTPAGE P="55416"/>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 117</CFR>
        <DEPDOC>[Docket No. USCG-2012-0831]</DEPDOC>
        <SUBJECT>Drawbridge Operation Regulation; Inside Thoroughfare, New Jersey Intracoastal Waterway (NJICW), Atlantic City, NJ</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 Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the US40-322 (Albany Avenue) Bridge, at NJICW mile 70.0, across Inside Thoroughfare, in Atlantic City, NJ. This deviation is necessary to facilitate the free movement of contestants over the bridge during the 2012 Atlantic City Triathlon. This deviation allows the draw span of the bridge to remain closed-to-navigation during the event.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This deviation is effective from 8 a.m. until 12 p.m. on September 15, 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-2012-0831 and are available online by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2012-0831 in the “Keyword” box and then clicking “Search”. This material is also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this rule, call or email Terrance Knowles, Environmental Protection Specialist, Fifth Coast Guard District; telephone 757-398-6587, email<E T="03">Terrance.A.Knowles@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 New Jersey Department of Transportation owns and operates this bascule-type drawbridge and has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.733(f) to facilitate the free movement of contestants over the bridge during the 2012 Atlantic City Triathlon.</P>
        <P>The US40-322 (Albany Avenue) Bridge, at NJICW mile 70.0 across Inside Thoroughfare in Atlantic City, NJ has a vertical clearance in the closed position to vessels of 10 feet above mean high water.</P>
        <P>Under normal operating conditions the draw would open on signal, except that: Year-round, from 11 p.m. to 7 a.m. and from November 1 through March 31 from 3 p.m. to 11 p.m.; the draw need only open if at least four hours notice is given. From June 1 through September 30, from 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m., the draw need only open on the hour and half hour and from 4 p.m. to 6 p.m., the draw need not open; and on the third or fourth Wednesday of August the draw will open every two hours on the hour from 10 a.m. until 4 p.m. and need not open from 4 p.m. until 8 p.m. to accommodate the annual Air Show.</P>
        <P>Under this temporary deviation to facilitate the free movement of contestants during the 2012 Atlantic City Triathlon, the drawbridge will be closed to vessels requiring an opening from 8 a.m. until 12 p.m. (noon) on Saturday, September 15, 2012.</P>
        <P>The drawbridge will be able to open in the event of an emergency. Vessels that can pass under the bridge without a bridge opening may do so at all times. Vessels with heights greater than 10 feet would have to use an alternate route. One alternate route is by way of the Atlantic Ocean.</P>
        <P>The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.</P>
        <P>In accordance with 33 CFR 117.35(e), the drawbridge must return to its 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 28, 2012.</DATED>
          <NAME>G.D. Case,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Fifth Coast Guard District.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22158 Filed 9-7-12; 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 117</CFR>
        <DEPDOC>[Docket No. USCG-2012-0829]</DEPDOC>
        <SUBJECT>Drawbridge Operation Regulations; Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, NY</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 Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Loop Parkway Bridge, mile 0.7, across Long Creek, and the Meadowbrook Parkway Bridge, mile 12.8, across Sloop Channel, at Hempstead, New York. This deviation is necessary to facilitate the 2012 March of Dimes Motorcycle Run. The deviation allows the two bridges listed above to remain in the closed position during this public event.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This deviation is effective from 11 a.m. through 1 p.m. on September 15, 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-2012-0829 and are available online at<E T="03">www.regulations.gov,</E>inserting USCG-2012-0829 in the “Keyword” box and then clicking “Search”. This material is also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this rule, call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 668-7165,<E T="03">judy.k.leung-yee@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 Loop Parkway Bridge, mile 0.7, across Long Creek has a vertical clearance in the closed position of 21 feet at mean high water and 25 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.799(f).</P>

        <P>The Meadowbrook Parkway Bridge, mile 12.8, across Sloop Channel has a vertical clearance in the closed position<PRTPAGE P="55417"/>of 22 feet at mean high water and 25 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.799(h). Long Creek and Sloop Channel both are transited by commercial fishing and recreational vessel traffic.</P>
        <P>The owner of the two bridges, the State of New York Department of Transportation, requested bridge closures to facilitate a public event, the 2012 March of Dimes Motorcycle Run.</P>
        <P>Under this temporary deviation the Loop Parkway Bridge and the Meadowbrook Parkway Bridge may remain in the closed position between 11 a.m. and 1 p.m. on September 15, 2012, to facilitate a public event, the 2012 March of Dimes Motorcycle Run.</P>
        <P>There are no alternate routes for vessel traffic; however, vessels that can pass under the closed draws during this closure may do so at any time. The bridges may be opened in the event of an emergency.</P>
        <P>In accordance with 33 CFR 117.35(e), the bridge must return to its 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 23, 2012.</DATED>
          <NAME>Gary Kassof,</NAME>
          <TITLE>Bridge Program Manager, First Coast Guard District.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22162 Filed 9-7-12; 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 151</CFR>
        <CFR>46 CFR Part 162</CFR>
        <DEPDOC>[Docket No. USCG-2001-10486]</DEPDOC>
        <RIN>RIN 1625-AA32</RIN>
        <SUBJECT>Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Rule; information collection approval; Correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On June 13, 2012, the Coast Guard published in the<E T="04">Federal Register</E>an announcement of effective date that announced an information collection approval for the Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (BWDS) Final Rule (77 FR 35268). The rulemaking triggered new information collection requirements affecting vessel owners and their potential requests for an extension of the compliance date if they cannot practicably comply with the compliance date otherwise applicable to their vessels. The June 13, 2012, document announced that the request to revise the existing collection of information to add the new request for an extension provision was approved by the Office of Management and Budget (OMB) and may now be enforced. The OMB control number is 1625-0069. The approval for this collection of information expires on May 31, 2015.</P>

          <P>In the June 13, 2012, document, the Coast Guard inadvertently failed to indicate that we received public submissions to the BWDS Final Rule (77 FR 17254). The Coast Guard is now publishing a document to advise the public that we received four public submissions to this collection of information. As the four public submissions were not collection of information-related, we did not revise our collection of information estimates. You may view copies of the public submissions and the Coast Guard responses to them in the BWDS docket online by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2001-10486 in the “Keyword” box, and then clicking “Search.” A corrected information collection request package has been submitted to OMB for their review. The current 1625-0069 approval by OMB is still effective. If OMB decides to amend the current 1625-0069 approval, a copy of that decision will be placed in the docket.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions about this document, call or email Mr. John Morris, Project Manager, U.S. Coast Guard; telephone 202-372-1402, email<E T="03">environmental_standards@uscg.mil.</E>If you have questions about viewing the docket (USCG-2001-10486), call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.</P>
          <SIG>
            <DATED>Dated: September 4, 2012.</DATED>
            <NAME>Kathryn A. Sinniger,</NAME>
            <TITLE>Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22240 Filed 9-7-12; 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 52</CFR>
        <DEPDOC>[EPA-R03-OAR-2012-0436; FRL-9725-1]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>EPA is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This SIP revision addresses the infrastructure program elements specified in Clean Air Act (CAA) section 110(a)(2) necessary to implement, maintain, and enforce the 2008 lead national ambient air quality standards (NAAQS).</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective on October 10, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2012-0436. All documents in the docket are listed in the<E T="03">www.regulations.gov</E>Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through<E T="03">www.regulations.gov</E>or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Emlyn Vélez-Rosa, (215) 814-2038, or by email at<E T="03">velez-rosa.emlyn@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA.</P>
        <HD SOURCE="HD1">I. Background</HD>

        <P>Section 110(a) of the CAA requires states to submit SIP revisions that<PRTPAGE P="55418"/>provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three years following the promulgation of such NAAQS. Section 110(a)(2) of the CAA directs all states to develop and maintain an air quality management infrastructure that includes enforceable emission limitations, an ambient monitoring program, an enforcement program, air quality modeling capabilities, and adequate personnel, resources, and legal authority.</P>
        <P>On July 3, 2012 (77 FR 39458), EPA published a notice of proposed rulemaking (NPR) for the State of West Virginia. In the NPR, EPA proposed approval of West Virginia's submittal which provides the basic program elements specified in CAA section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary to implement, maintain, and enforce the 2008 lead NAAQS. The formal SIP revision was submitted by West Virginia on October 26, 2011.</P>
        <HD SOURCE="HD1">II. Summary of SIP Revision</HD>
        <P>The SIP revision addresses the infrastructure elements specified in CAA section 110(a)(2)(A) through (M) for the implementation, maintenance and enforcement of the 2008 lead NAAQS in West Virginia. Specifically, West Virginia's submittal addressed the following infrastructure elements in CAA section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Specific requirements of section 110(a)(2) as well as the rationale supporting EPA's proposed action are explained in the NPR and the technical support document and will not be restated here. No public comments were received on the NPR.</P>
        <HD SOURCE="HD1">III. Final Action</HD>

        <P>EPA is approving West Virginia's SIP revision regarding the infrastructure program elements specified in CAA section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary to implement, maintain, and enforce the 2008 lead NAAQS. This action does not include approval of portions of CAA section 110(a)(2)(C), and 110(a)(2)(I) in its entirety, which pertain to the nonattainment requirements of part D, Title I of the CAA. These two elements, and portions thereof, are not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1), and thus will be addressed in a separate process. Additionally, EPA is taking separate action on the portions of CAA section 110(a)(2) infrastructure elements for the 2008 lead NAAQS as they relate to part C of Title I of the CAA, including section 110(a)(2)(C), (D) and (J) of the CAA.<E T="03">See</E>77 FR 45302 (July 31, 2012).</P>
        <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
        <HD SOURCE="HD2">A. General Requirements</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:</P>
        <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

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

        <P>• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>);</P>
        <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
        <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
        <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and</P>
        <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        
        <FP>In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.</FP>
        <HD SOURCE="HD2">B. Submission to Congress and the Comptroller General</HD>
        <P>The Congressional Review Act, 5 U.S.C. 801<E T="03">et seq.,</E>as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the<E T="04">Federal Register.</E>A major rule cannot take effect until 60 days after it is published in the<E T="04">Federal Register.</E>This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
        <HD SOURCE="HD2">C. Petitions for Judicial Review</HD>

        <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 9, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, which approves the CAA section 110(a)(2) infrastructure requirements of West Virginia for the 2008 lead NAAQS, may not be challenged later in proceedings to enforce its requirements. (<E T="03">See</E>section 307(b)(2).)</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR part 52</HD>
          <P>Environmental protection, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>W.C. Early,</NAME>
          <TITLE>Acting Regional Administrator, Region III.</TITLE>
        </SIG>
        
        <P>40 CFR part 52 is amended as follows:</P>
        <REGTEXT PART="52" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 52—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 7401<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <PRTPAGE P="55419"/>
            <HD SOURCE="HED">Subpart XX—West Virginia</HD>
          </SUBPART>
          <AMDPAR>2. In § 52.2520, the table in paragraph (e) is amended by adding entries at the end of the table for Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.2520</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            <GPOTABLE CDEF="s125,xs55,xs40,r125,r125" COLS="5" OPTS="L1,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Name of non-regulatory SIP revision</CHED>
                <CHED H="1">Applicable<LI>geographic or</LI>
                  <LI>nonattainment</LI>
                  <LI>area</LI>
                </CHED>
                <CHED H="1">State<LI>submittal</LI>
                  <LI>date</LI>
                </CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">Additional explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS</ENT>
                <ENT>Statewide</ENT>
                <ENT>10/26/11</ENT>
                <ENT>9/10/12<E T="03">[Insert</E>
                  <E T="0714">Federal Register</E>
                  <E T="03">page number where the document begins and date]</E>
                </ENT>
                <ENT>This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22084 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R03-OAR-2012-0376; FRL-9725-3]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; Delaware; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead  National Ambient Air Quality Standards</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. The SIP revision addresses the infrastructure elements specified in section 110(a)(2) of the Clean Air Act (CAA), necessary to implement, maintain, and enforce the 2008 lead national ambient air quality standards (NAAQS). EPA is approving this SIP revision in accordance with the requirements of the CAA.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective on October 10, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2012-0376. All documents in the docket are listed in the<E T="03">www.regulations.gov</E>Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through<E T="03">www.regulations.gov</E>or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rose Quinto, (215) 814-2182, or by email at<E T="03">quinto.rose@epa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>
        <P>Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA. On July 3, 2012 (77 FR 39456), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. The NPR proposed approval of Delaware's submittal that provides the basic elements specified in section 110(a)(2) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2008 lead NAAQS.</P>
        <HD SOURCE="HD1">II. Summary of SIP Revision</HD>
        <P>On October 17, 2011, the Delaware Department of Natural Resources and Environmental Control submitted a SIP revision that addresses the infrastructure elements specified in section 110(a)(2) of the CAA, necessary to implement, maintain and enforce the 2008 lead NAAQS. This submittal addressed the following infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), and (M).</P>
        <P>Specific requirements of section 110(a)(2) of the CAA and the rationale for EPA's proposed action to approve the SIP submittal are explained in the NPR and the technical support document (TSD) and will not be restated here. No public comments were received on the NPR.</P>
        <HD SOURCE="HD1">III. Final Action</HD>

        <P>EPA is approving Delaware's submittal which provides the basic program elements specified in section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2008 lead NAAQS, as a revision to the Delaware SIP. This action is being taken under section 110 of the CAA. This action does not include the sections, or portions thereof, of 110(a)(2)(C) and 110(a)(2)(I) of the CAA which pertain to the nonattainment requirements of part D, Title I of the CAA, since these two elements are not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1), and will be addressed in a separate process. Additionally, EPA is taking separate action on the portions of CAA section 110(a)(2) infrastructure elements for the 2008 lead NAAQS as they relate to Delaware's Prevention of Significant Deterioration (PSD) program, as required by part C of Title I of the CAA which include the following infrastructure elements: CAA section 110(a)(2)(C), (D) and (J).<E T="03">See</E>77 FR 45527 (August 1, 2012).</P>
        <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
        <HD SOURCE="HD2">A. General Requirements</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:</P>

        <P>• Is not a “significant regulatory action” subject to review by the Office<PRTPAGE P="55420"/>of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

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

        <P>• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>);</P>
        <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
        <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
        <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and</P>
        <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        <P>In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.</P>
        <HD SOURCE="HD2">B. Submission to Congress and the Comptroller General</HD>
        <P>The Congressional Review Act, 5 U.S.C. 801<E T="03">et seq.,</E>as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the<E T="04">Federal Register</E>. A major rule cannot take effect until 60 days after it is published in the<E T="04">Federal Register</E>. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
        <HD SOURCE="HD2">C. Petitions for Judicial Review</HD>
        <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 9, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action.</P>

        <P>This action pertaining to Delaware's section 110(a)(2) infrastructure elements for the 2008 lead NAAQS, may not be challenged later in proceedings to enforce its requirements. (<E T="03">See</E>section 307(b)(2).)</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
          <P>Environmental protection, Air pollution control, Incorporation by reference, Lead, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: August 23, 2012.</DATED>
          <NAME>W. C. Early,</NAME>
          <TITLE>Acting Regional Administrator, Region III.</TITLE>
        </SIG>
        
        <P>40 CFR part 52 is amended as follows:</P>
        <REGTEXT PART="52" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 52—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>42 U.S.C. 7401<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <HD SOURCE="HED">Subpart I—Delaware</HD>
          </SUBPART>
          <AMDPAR>2. In § 52.420, the table in paragraph (e) is amended by adding an entry at the end of the table for Delaware's Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.420</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            <GPOTABLE CDEF="s50,xs60,12,r50,r50" COLS="5" OPTS="L1,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Name of non-regulatory SIP<LI>revision</LI>
                </CHED>
                <CHED H="1">Applicable geographic or nonattainment area</CHED>
                <CHED H="1">State submittal date</CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">Additional explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS.</ENT>
                <ENT>Statewide</ENT>
                <ENT>10/17/12</ENT>
                <ENT>9/10/12 [<E T="03">Insert Federal Register page number where the document begins and date</E>]</ENT>
                <ENT>This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) or portions thereof.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22086 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <CFR>43 CFR Part 3000</CFR>
        <DEPDOC>[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]</DEPDOC>
        <RIN>RIN 1004-AE29</RIN>
        <SUBJECT>Minerals Management: Adjustment of Cost Recovery Fees</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM's cost of processing certain documents relating to its minerals programs and some filing fees for mineral-related documents. These updated fees include those for actions such as lease renewals and mineral patent adjudications.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This final rule is effective October 1, 2012.</P>
        </EFFDATE>
        <ADD>
          <PRTPAGE P="55421"/>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send inquiries or suggestions to Director (630), Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC, 20240; Attention: RIN 1004-AE29.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Steven Wells, Chief, Division of Fluid Minerals, 202-912-7143, or Faith Bremner, Regulatory Affairs Analyst, 202-912-7441. Persons who use a telecommunications device for the deaf (TDD) may leave a message for these individuals with the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>
        <P>The BLM has specific authority to charge fees for processing applications and other documents relating to public lands under Section 304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70 FR 58854) establishing or revising certain fees and service charges, and establishing the method it would use to adjust those fees and service charges on an annual basis.</P>
        <P>At 43 CFR 3000.12(a), the regulations provide that the BLM will annually adjust fees established in Subchapter C according to changes in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP), which is published quarterly by the U.S. Department of Commerce. See also 43 CFR 3000.10. This final rule will allow the BLM to update these fees and service charges by October 1 of this year, as required by the 2005 regulation. The fee recalculations are based on a mathematical formula. The public had an opportunity to comment on this procedure during the comment period on the original cost recovery rule, and this new rule simply administers the procedure set forth in those regulations. Therefore, the BLM has changed the fees in this final rule without providing opportunity for additional notice and comment. The Department of the Interior, therefore, for good cause finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures are unnecessary and that the rule may be effective less than 30 days after publication.</P>
        <HD SOURCE="HD1">II. Discussion of Final Rule</HD>
        <P>The BLM publishes a fee update rule each year, which becomes effective on October 1 of that year. The fee updates are based on the change in the IPD-GDP from the 4th Quarter of one calendar year to the 4th Quarter of the following calendar year. This fee update rule is based on the change in the IPD-GDP from the 4th Quarter of 2010 to the 4th Quarter of 2011, thus reflecting the rate of inflation over four calendar quarters.</P>
        <P>The fee is calculated by applying the IPD-GDP to the base value from the previous year's rule, also known as the “existing value.” This calculation results in an updated base value. The updated base value is then rounded to the closest multiple of $5, or to the nearest cent for fees under $1, to establish the new fee.</P>
        <P>Under this rule, 31 fees will remain the same and 17 fees will increase. Seven of the fee increases will amount to $5 each. The largest increase, $65, will be applied to the fee for adjudicating a mineral patent application containing more than 10 claims, which will increase from $2,875 to $2,940. The fee for adjudicating a patent application containing 10 or fewer claims will increase by $30—from $1,440 to $1,470.</P>
        <P>The calculations that resulted in the new fees are included in the table below:</P>
        <GPOTABLE CDEF="s50,12,12,12,12,12" COLS="6" OPTS="L2,i1">
          <TTITLE>Fixed Cost Recovery Fees FY13</TTITLE>
          <BOXHD>
            <CHED H="1">Document/Action</CHED>
            <CHED H="1">Existing fee<SU>1</SU>
            </CHED>
            <CHED H="1">Existing value<SU>2</SU>
            </CHED>
            <CHED H="1">IPD-GDP<LI>increase<SU>3</SU>
              </LI>
            </CHED>
            <CHED H="1">New value<SU>4</SU>
            </CHED>
            <CHED H="1">New fee<SU>5</SU>
            </CHED>
          </BOXHD>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Oil &amp; Gas (parts 3100, 3110, 3120, 3130, 3150)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Noncompetitive lease application</ENT>
            <ENT>$380</ENT>
            <ENT>$382.32</ENT>
            <ENT>$8.33</ENT>
            <ENT>$390.65</ENT>
            <ENT>$390</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Competitive lease application</ENT>
            <ENT>150</ENT>
            <ENT>148.37</ENT>
            <ENT>3.23</ENT>
            <ENT>151.60</ENT>
            <ENT>150</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Assignment and transfer of record title or operating rights</ENT>
            <ENT>85</ENT>
            <ENT>85.59</ENT>
            <ENT>1.87</ENT>
            <ENT>87.46</ENT>
            <ENT>85</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Overriding royalty transfer, payment out of production</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Name change, corporate merger or transfer to heir/devisee</ENT>
            <ENT>200</ENT>
            <ENT>199.71</ENT>
            <ENT>4.35</ENT>
            <ENT>204.06</ENT>
            <ENT>205</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease consolidation</ENT>
            <ENT>420</ENT>
            <ENT>422.25</ENT>
            <ENT>9.21</ENT>
            <ENT>431.46</ENT>
            <ENT>430</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease renewal or exchange</ENT>
            <ENT>380</ENT>
            <ENT>382.32</ENT>
            <ENT>8.33</ENT>
            <ENT>390.65</ENT>
            <ENT>390</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease reinstatement, Class I</ENT>
            <ENT>75</ENT>
            <ENT>74.17</ENT>
            <ENT>1.62</ENT>
            <ENT>75.79</ENT>
            <ENT>75</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Leasing under right-of-way</ENT>
            <ENT>380</ENT>
            <ENT>382.32</ENT>
            <ENT>8.33</ENT>
            <ENT>390.65</ENT>
            <ENT>390</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Geophysical exploration permit application—Alaska</ENT>
            <ENT>25</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>
              <SU>6</SU>25</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Renewal of exploration permit—Alaska</ENT>
            <ENT>25</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>
              <SU>7</SU>25</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Geothermal (part 3200)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Noncompetitive lease application</ENT>
            <ENT>380</ENT>
            <ENT>382.32</ENT>
            <ENT>8.33</ENT>
            <ENT>390.65</ENT>
            <ENT>390</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Competitive lease application</ENT>
            <ENT>150</ENT>
            <ENT>148.37</ENT>
            <ENT>3.23</ENT>
            <ENT>151.60</ENT>
            <ENT>150</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Assignment and transfer of record title or operating rights</ENT>
            <ENT>85</ENT>
            <ENT>85.59</ENT>
            <ENT>1.87</ENT>
            <ENT>87.46</ENT>
            <ENT>85</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Name change, corporate merger or transfer to heir/devisee</ENT>
            <ENT>200</ENT>
            <ENT>199.71</ENT>
            <ENT>4.35</ENT>
            <ENT>204.06</ENT>
            <ENT>205</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease consolidation</ENT>
            <ENT>420</ENT>
            <ENT>422.25</ENT>
            <ENT>9.21</ENT>
            <ENT>431.46</ENT>
            <ENT>430</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease reinstatement</ENT>
            <ENT>75</ENT>
            <ENT>74.17</ENT>
            <ENT>1.62</ENT>
            <ENT>75.79</ENT>
            <ENT>75</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Nomination of lands</ENT>
            <ENT>105</ENT>
            <ENT>106.82</ENT>
            <ENT>2.33</ENT>
            <ENT>109.15</ENT>
            <ENT>110</ENT>
          </ROW>
          <ROW>
            <ENT I="03">plus per acre nomination fee</ENT>
            <ENT>0.11</ENT>
            <ENT>0.10682</ENT>
            <ENT>0.00233</ENT>
            <ENT>0.10915</ENT>
            <ENT>0.11</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Site license application</ENT>
            <ENT>55</ENT>
            <ENT>57.06</ENT>
            <ENT>1.24</ENT>
            <ENT>58.30</ENT>
            <ENT>60</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Assignment or transfer of site license</ENT>
            <ENT>55</ENT>
            <ENT>57.06</ENT>
            <ENT>1.24</ENT>
            <ENT>58.30</ENT>
            <ENT>60</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Coal (parts 3400, 3470)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">License to mine application</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Exploration license application</ENT>
            <ENT>315</ENT>
            <ENT>313.84</ENT>
            <ENT>6.84</ENT>
            <ENT>320.68</ENT>
            <ENT>320</ENT>
          </ROW>
          <ROW RUL="s">
            <PRTPAGE P="55422"/>
            <ENT I="01">Lease or lease interest transfer</ENT>
            <ENT>65</ENT>
            <ENT>62.78</ENT>
            <ENT>1.37</ENT>
            <ENT>64.15</ENT>
            <ENT>65</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Applications other than those listed below</ENT>
            <ENT>35</ENT>
            <ENT>34.24</ENT>
            <ENT>0.75</ENT>
            <ENT>34.99</ENT>
            <ENT>35</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Prospecting permit application amendment</ENT>
            <ENT>65</ENT>
            <ENT>62.78</ENT>
            <ENT>1.37</ENT>
            <ENT>64.15</ENT>
            <ENT>65</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Extension of prospecting permit</ENT>
            <ENT>105</ENT>
            <ENT>102.71</ENT>
            <ENT>2.24</ENT>
            <ENT>104.95</ENT>
            <ENT>105</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease modification or fringe acreage lease</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lease renewal</ENT>
            <ENT>490</ENT>
            <ENT>490.74</ENT>
            <ENT>10.70</ENT>
            <ENT>501.44</ENT>
            <ENT>500</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Assignment, sublease, or transfer of operating rights</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Transfer of overriding royalty</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Use permit</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Shasta and Trinity hardrock mineral lease</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Renewal of existing sand and gravel lease in Nevada</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Multiple Use; Mining (part 3700)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">Notice of protest of placer mining operations</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Application to open lands to location</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Notice of location</ENT>
            <ENT>15</ENT>
            <ENT>17.11</ENT>
            <ENT>0.37</ENT>
            <ENT>17.48</ENT>
            <ENT>15</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amendment of location</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Transfer of mining claim/site</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Recording an annual FLPMA filing</ENT>
            <ENT>10</ENT>
            <ENT>11.41</ENT>
            <ENT>0.25</ENT>
            <ENT>11.66</ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Deferment of assessment work</ENT>
            <ENT>105</ENT>
            <ENT>102.71</ENT>
            <ENT>2.24</ENT>
            <ENT>104.95</ENT>
            <ENT>105</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands</ENT>
            <ENT>30</ENT>
            <ENT>28.54</ENT>
            <ENT>0.62</ENT>
            <ENT>29.16</ENT>
            <ENT>30</ENT>
          </ROW>
          <ROW>
            <ENT I="22">Mineral patent adjudication</ENT>
          </ROW>
          <ROW>
            <ENT I="03">(more than 10 claims)</ENT>
            <ENT>2,875</ENT>
            <ENT>2,875.95</ENT>
            <ENT>62.70</ENT>
            <ENT>2,938.65</ENT>
            <ENT>2,940</ENT>
          </ROW>
          <ROW>
            <ENT I="03">(10 or fewer claims)</ENT>
            <ENT>1,440</ENT>
            <ENT>1,437.96</ENT>
            <ENT>31.35</ENT>
            <ENT>1,469.31</ENT>
            <ENT>1,470</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Adverse claim</ENT>
            <ENT>105</ENT>
            <ENT>102.71</ENT>
            <ENT>2.24</ENT>
            <ENT>104.95</ENT>
            <ENT>105</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Protest</ENT>
            <ENT>65</ENT>
            <ENT>62.78</ENT>
            <ENT>1.37</ENT>
            <ENT>64.15</ENT>
            <ENT>65</ENT>
          </ROW>
          <ROW EXPSTB="05" RUL="s">
            <ENT I="21">
              <E T="02">Oil Shale Management (parts 3900, 3910, 3930)</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Exploration license application</ENT>
            <ENT>300</ENT>
            <ENT>301.02</ENT>
            <ENT>6.56</ENT>
            <ENT>307.58</ENT>
            <ENT>310</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Application for assignment or sublease of record title or overriding royalty</ENT>
            <ENT>60</ENT>
            <ENT>61.23</ENT>
            <ENT>1.33</ENT>
            <ENT>62.56</ENT>
            <ENT>65</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>The Existing Fee was established by the 2011 (Fiscal Year 2012) cost recovery fee update rule published September 23, 2011 (76 FR 59058), effective October 1, 2011.</TNOTE>
          <TNOTE>
            <SU>2</SU>The Existing Value is the figure from the New Value column in the previous year's rule.</TNOTE>
          <TNOTE>
            <SU>3</SU>From 4th Quarter 2010 to 4th Quarter 2011, the IPD-GDP increased by 2.18 percent. The value in the IPD-GDP Increase column is 2.18 percent of the Existing Value.</TNOTE>
          <TNOTE>
            <SU>4</SU>The sum of the Existing Value and the IPD-GDP Increase is the New Value.</TNOTE>
          <TNOTE>
            <SU>5</SU>The New Fee for Fiscal Year 2013 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or to the nearest penny for values under $1.</TNOTE>
          <TNOTE>
            <SU>6</SU>Section 365 of the Energy Policy Act of 2005 (Pub. L. 109-58) directed in subsection (i) that “the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.” In the 2005 cost recovery rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854-58855. While the $25 fees for geophysical exploration permit applications for Alaska and renewals of exploration permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act prohibition, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25 fee.</TNOTE>
          <TNOTE>
            <SU>7</SU>The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from increasing this $25 fee, as well.</TNOTE>
          <TNOTE>Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis (April 27, 2012).</TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD1">III. How Fees Are Adjusted</HD>
        <P>Each year, the figures in the Existing Value column in the table above (not those in the Existing Fee column) are used as the basis for calculating the adjustment to these fees. The Existing Value is the figure from the New Value column in the previous year's rule. In the case of fees that were not in the table the previous year, or that had no figure in the New Value column the previous year, the Existing Value is the same as the Existing Fee. Because the new fees are derived from the new values—rounded to the nearest $5 or the nearest penny for fees under $1—adjustments based on the figures in the Existing Fee column would lead to significantly over- or under-valued fees over time. Accordingly, fee adjustments are made by multiplying the annual change in the IPD-GDP by the figure in the Existing Value column. This calculation defines the New Value for this year, which is then rounded to the nearest $5 or the nearest penny for fees under $1, to establish the New Fee.</P>
        <HD SOURCE="HD1">IV. Procedural Matters</HD>
        <HD SOURCE="HD2">Regulatory Planning and Review (Executive Order 12866)</HD>

        <P>This document is not a significant rule and the Office of Management and<PRTPAGE P="55423"/>Budget has not reviewed this rule under Executive Order 12866.</P>

        <P>The BLM has determined that the rule will not have an annual effect on the economy of $100 million or more. It will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The changes in today's rule are much smaller than those in the 2005 final rule, which did not approach the threshold in Executive Order 12866. For instructions on how to view a copy of the analysis prepared in conjunction with the 2005 final rule, please contact one of the persons listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section above.</P>
        <P>This rule will not create inconsistencies or otherwise interfere with an action taken or planned by another agency. This rule does not change the relationships of the onshore minerals programs with other agencies' actions. These relationships are included in agreements and memoranda of understanding that would not change with this rule.</P>
        <P>In addition, this final rule does not materially affect the budgetary impact of entitlements, grants, or loan programs, or the rights and obligations of their recipients. This rule does apply an inflation factor that increases some existing user fees for processing documents associated with the onshore minerals programs. However, most of these fee increases are less than 3 percent and none of the increases materially affect the budgetary impact of user fees.</P>
        <P>Finally, this rule will not raise novel legal issues. As explained above, this rule simply implements an annual process to account for inflation that was adopted by and explained in the 2005 cost recovery rule.</P>
        <HD SOURCE="HD2">The Regulatory Flexibility Act</HD>

        <P>This final rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. For the purposes of this section, a small entity is defined by the Small Business Administration (SBA) for mining (broadly inclusive of metal mining, coal mining, oil and gas extraction, and the mining and quarrying of nonmetallic minerals) as an individual, limited partnership, or small company considered to be at arm's length from the control of any parent companies, with fewer than 500 employees. The SBA defines a small entity differently, however, for leasing Federal land for coal mining. A coal lessee is a small entity if it employs not more than 250 people, including people working for its affiliates.</P>
        <P>The SBA would consider many, if not most, of the operators the BLM works with in the onshore minerals programs to be small entities. The BLM notes that this final rule does not affect service industries, for which the SBA has a different definition of “small entity.”</P>

        <P>The final rule may affect a large number of small entities since 17 fees for activities on public lands will be increased. However, the BLM has concluded that the effects will not be significant. Most of the fixed fee increases will be less than 3 percent as a result of this final rule. The adjustments result in no increase in the fee for the processing of 31 documents relating to the BLM's minerals programs. The highest adjustment, in dollar terms, is for adjudications of mineral patent applications involving more than 10 mining claims, which will be increased by $65. For the 2005 final rule, the BLM completed a threshold analysis, which is available for public review in the administrative record for that rule. For instructions on how to view a copy of that analysis, please contact one of the persons listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section above. The analysis for the 2005 rule concluded that the fees would not have a significant economic effect on a substantial number of small entities. The fee increases implemented in today's rule are substantially smaller than those provided for in the 2005 rule.</P>
        <HD SOURCE="HD2">The Small Business Regulatory Enforcement Fairness Act</HD>
        <P>This final rule is not a “major rule” as defined at 5 U.S.C. 804(2). The final rule will not have an annual effect on the economy greater than $100 million; it will not result in major cost or price increases for consumers, industries, government agencies, or regions; and it will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. For the 2005 final rule, which established the fee adjustment procedure that this rule implements, the BLM completed a threshold analysis, which is available for public review in the administrative record for that rule. The fee increases implemented in today's rule are substantially smaller than those provided for in the 2005 rule.</P>
        <HD SOURCE="HD2">Executive Order 13132, Federalism</HD>
        <P>This final rule will 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. In accordance with Executive Order 13132, therefore, we find that the final rule does not have significant federalism effects. A federalism assessment is not required.</P>
        <HD SOURCE="HD2">The Paperwork Reduction Act of 1995</HD>

        <P>These regulations contain information collection requirements. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>), the BLM submitted a copy of the proposed information collection requirements to the Office of Management and Budget (OMB) for review. The OMB approved the information collection requirements under the following Control Numbers:</P>
        <HD SOURCE="HD3">Oil and Gas</HD>
        <P>(1) 1004-0034 which expires July 31, 2015;</P>
        <P>(2) 1004-0137 which expires October 31, 2014;</P>
        <P>(3) 1004-0162 which expires July 31, 2015;</P>
        <P>(4) 1004-0185 which expires November 30, 2012;</P>
        <HD SOURCE="HD3">Geothermal</HD>
        <P>(5) 1004-0132 which expires December 31, 2013;</P>
        <HD SOURCE="HD3">Coal</HD>
        <P>(6) 1004-0073 which expires June 30, 2013;</P>
        <HD SOURCE="HD3">Mining Claims</HD>
        <P>(7) 1004-0025 which expires March 31, 2013;</P>
        <P>(8) 1004-0114 which expires August 31, 2013; and</P>
        <HD SOURCE="HD3">Leasing of Solid Minerals Other Than Oil Shale</HD>
        <P>(9) 1004-0121 which expires February 28, 2013.</P>
        <HD SOURCE="HD2">Takings Implication Assessment (Executive Order 12630)</HD>

        <P>As required by Executive Order 12630, the BLM has determined that this rule will not cause a taking of private property. No private property rights will be affected by a rule that merely updates fees. The BLM therefore certifies that this final rule does not represent a governmental action capable of interference with constitutionally protected property rights.<PRTPAGE P="55424"/>
        </P>
        <HD SOURCE="HD2">Civil Justice Reform (Executive Order 12988)</HD>
        <P>In accordance with Executive Order 12988, the BLM finds that this final rule will not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Executive Order.</P>
        <HD SOURCE="HD2">The National Environmental Policy Act (NEPA)</HD>
        <P>The BLM has determined that this final rule is administrative and involves only procedural changes addressing fee requirements. In promulgating this rule, the government is conducting routine and continuing government business of an administrative nature having limited context and intensity. Therefore, it is categorically excluded from environmental review under section 102(2)(C) of NEPA, pursuant to 43 CFR 46.205 and 46.210(c) and (i). The final rule does not meet any of the 12 criteria for exceptions to categorical exclusions listed at 43 CFR 46.215.</P>

        <P>Pursuant to Council on Environmental Quality (CEQ) regulation and the environmental policies and procedures of the Department of the Interior, the term “categorical exclusions” means categories of actions “which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of [CEQ] regulations (§ 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.” 40 CFR 1508.4;<E T="03">see also</E>BLM National Environmental Policy Act Handbook H-1790-1, Ch. 4, at 17 (Jan. 2008).</P>
        <HD SOURCE="HD2">The Unfunded Mandates Reform Act of 1995</HD>

        <P>The BLM has determined that this final rule is not significant under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501<E T="03">et seq.,</E>because it will not result in State, local, private sector, or tribal government expenditures of $100 million or more in any one year, 2 U.S.C. 1532. This rule will not significantly or uniquely affect small governments. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act.</P>
        <HD SOURCE="HD2">Consultation and Coordination With Indian Tribal Governments (Executive Order 13175)</HD>
        <P>In accordance with Executive Order 13175, the BLM has determined that this final rule does not include policies that have tribal implications. A key factor is whether the rule would have substantial direct effects on one or more Indian tribes. The BLM has not found any substantial direct effects. Consequently, the BLM did not utilize the consultation process set forth in Section 5 of the Executive Order.</P>
        <HD SOURCE="HD2">Information Quality Act</HD>
        <P>In developing this rule, the BLM did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106-554).</P>
        <HD SOURCE="HD2">Effects on the Nation's Energy Supply (Executive Order 13211)</HD>
        <P>In accordance with Executive Order 13211, the BLM has determined that this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The distribution of or use of energy would not be unduly affected by this final rule. It merely adjusts certain administrative cost recovery fees to account for inflation.</P>
        <HD SOURCE="HD2">Author</HD>
        <P>The principal author of this rule is Faith Bremner of the Division of Regulatory Affairs, Bureau of Land Management.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 43 CFR Part 3000</HD>
          <P>Public lands—mineral resources, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <NAME>Marcilynn A. Burke,</NAME>
          <TITLE>Acting Assistant Secretary, Land and Minerals Management.</TITLE>
        </SIG>
        
        <P>For reasons stated in the preamble, the Bureau of Land Management amends 43 CFR Chapter II as follows:</P>
        <REGTEXT PART="3000" TITLE="43">
          <PART>
            <HD SOURCE="HED">PART 3000—MINERALS MANAGEMENT: GENERAL</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 3000 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 3101<E T="03">et seq.;</E>30 U.S.C. 181<E T="03">et seq.,</E>301-306, 351-359, and 601<E T="03">et seq.;</E>31 U.S.C. 9701; 40 U.S.C. 471<E T="03">et seq.;</E>42 U.S.C. 6508; 43 U.S.C. 1701<E T="03">et seq.;</E>and Pub. L. 97-35, 95 Stat. 357.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="3000" TITLE="43">
          <SUBPART>
            <HD SOURCE="HED">Subpart 3000—General</HD>
          </SUBPART>
          <AMDPAR>2. Amend § 3000.12 by revising paragraph (a) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 3000.12</SECTNO>
            <SUBJECT>What is the fee schedule for fixed fees?</SUBJECT>

            <P>(a) The table in this section shows the fixed fees that you must pay to the BLM for the services listed for Fiscal Year 2013. These fees are nonrefundable and must be included with documents you file under this chapter. Fees will be adjusted annually according to the change in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way of publication of a final rule in the<E T="04">Federal Register</E>and will subsequently be posted on the BLM Web site(<E T="03">http://www.blm.gov</E>) before October 1 each year. Revised fees are effective each year on October 1.</P>
            <GPOTABLE CDEF="s150,xs80" COLS="2" OPTS="L2,i1">
              <TTITLE>FY 2013 Processing and Filing Fee Table</TTITLE>
              <BOXHD>
                <CHED H="1">Document/action</CHED>
                <CHED H="1">FY 2013 fee</CHED>
              </BOXHD>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Oil &amp; Gas (parts 3100, 3110, 3120, 3130, 3150)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Noncompetitive lease application</ENT>
                <ENT>$390</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Competitive lease application</ENT>
                <ENT>150</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Assignment and transfer of record title or operating rights</ENT>
                <ENT>85</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Overriding royalty transfer, payment out of production</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Name change, corporate merger or transfer to heir/devisee</ENT>
                <ENT>205</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease consolidation</ENT>
                <ENT>430</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease renewal or exchange</ENT>
                <ENT>390</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease reinstatement, Class I</ENT>
                <ENT>75</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Leasing under right-of-way</ENT>
                <ENT>390</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Geophysical exploration permit application—Alaska</ENT>
                <ENT>25</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="01">Renewal of exploration permit—Alaska</ENT>
                <ENT>25</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <PRTPAGE P="55425"/>
                <ENT I="21">
                  <E T="02">Geothermal (part 3200)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Noncompetitive lease application</ENT>
                <ENT>390</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Competitive lease application</ENT>
                <ENT>150</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Assignment and transfer of record title or operating rights</ENT>
                <ENT>85</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Name change, corporate merger or transfer to heir/devisee</ENT>
                <ENT>205</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease consolidation</ENT>
                <ENT>430</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease reinstatement</ENT>
                <ENT>75</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Nomination of lands</ENT>
                <ENT>110</ENT>
              </ROW>
              <ROW>
                <ENT I="03">plus per acre nomination fee</ENT>
                <ENT>0.11</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Site license application</ENT>
                <ENT>60</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="01">Assignment or transfer of site license</ENT>
                <ENT>60</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Coal (parts 3400, 3470)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">License to mine application</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Exploration license application</ENT>
                <ENT>320</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="01">Lease or lease interest transfer</ENT>
                <ENT>65</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Applications other than those listed below</ENT>
                <ENT>35</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Prospecting permit application amendment</ENT>
                <ENT>65</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Extension of prospecting permit</ENT>
                <ENT>105</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease modification or fringe acreage lease</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Lease renewal</ENT>
                <ENT>500</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Assignment, sublease, or transfer of operating rights</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Transfer of overriding royalty</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Use permit</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Shasta and Trinity hardrock mineral lease</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="01">Renewal of existing sand and gravel lease in Nevada</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Multiple Use; Mining (part 3730)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00" RUL="s">
                <ENT I="01">Notice of protest of placer mining operations</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Application to open lands to location</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Notice of location<SU>*</SU>
                </ENT>
                <ENT>15</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Amendment of location</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Transfer of mining claim/site</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Recording an annual FLPMA filing</ENT>
                <ENT>10</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Deferment of assessment work</ENT>
                <ENT>105</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands</ENT>
                <ENT>30</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Mineral patent adjudication</ENT>
                <ENT>2,940 (more than 10 claims)</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
                <ENT>1,470 (10 or fewer claims)</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Adverse claim</ENT>
                <ENT>105</ENT>
              </ROW>
              <ROW RUL="s">
                <ENT I="01">Protest</ENT>
                <ENT>65</ENT>
              </ROW>
              <ROW EXPSTB="01" RUL="s">
                <ENT I="21">
                  <E T="02">Oil Shale Management (parts 3900, 3910, 3930)</E>
                </ENT>
              </ROW>
              <ROW EXPSTB="00">
                <ENT I="01">Exploration license application</ENT>
                <ENT>310</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Application for assignment or sublease of record title or overriding royalty</ENT>
                <ENT>65</ENT>
              </ROW>
              <TNOTE>* To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location fee required by statute. 43 CFR part 3833.</TNOTE>
            </GPOTABLE>
            <STARS/>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22217 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-84-P</BILCOD>
    </RULE>
    
    <RULE>
      <PREAMB>
        <PRTPAGE P="55426"/>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 660</CFR>
        <DEPDOC>[Docket No. 120424023-1023-01]</DEPDOC>
        <RIN>RIN 0648-XC121</RIN>
        <SUBJECT>Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #4 through #14</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>Modification of fishing seasons and landing and possession limits; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NOAA Fisheries announces 11 inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational fisheries in the area from the U.S./Canada Border to the Oregon/California Border.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The effective dates for the inseason action are set out in this document under the heading Inseason Actions. Comments will be accepted through September 25, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by NOAA-NMFS-2012-0079, by any one of the following methods:</P>
          <P>•<E T="03">Electronic Submissions:</E>Submit all electronic public comments via the Federal eRulemaking Portal<E T="03">http://www.regulations.gov.</E>To submit comments via the e-Rulemaking Portal, first click the “submit a comment” icon, then enter NOAA-NMFS-2012-0079 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the “Submit a Comment” icon on the right of that line.</P>
          <P>•<E T="03">Mail:</E>William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115-6349.</P>
          <P>•<E T="03">Fax:</E>206-526-6736, Attn: Peggy Mundy.</P>
          <P>
            <E T="03">Instructions:</E>Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on<E T="03">http://www.regulations.gov</E>without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Peggy Mundy at 206-526-4323.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>In the 2012 annual management measures for ocean salmon fisheries (77 FR 25915, May 2, 2012), NMFS announced the commercial and recreational fisheries in the area from the U.S./Canada Border to the U.S./Mexico Border, beginning May 1, 2012, and 2013 salmon seasons opening earlier than May 1, 2013.</P>
        <P>NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Prior to taking inseason action, the Regional Administrator (RA) consults with the Chairman of the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)(1)).</P>
        <P>Management of the salmon fisheries is generally divided into two geographic areas: north of Cape Falcon (U.S./Canada Border to Cape Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the U.S./Mexico Border).</P>
        <HD SOURCE="HD1">Inseason Actions</HD>
        <P>The table below lists the inseason actions announced in this document.</P>
        <GPOTABLE CDEF="s40,r75,r150" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Inseason action<LI>number</LI>
            </CHED>
            <CHED H="1">Effective date</CHED>
            <CHED H="1">Salmon fishery affected</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">4</ENT>
            <ENT>June 20, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5</ENT>
            <ENT>July 16, 2012</ENT>
            <ENT>Recreational fishery from U.S./Canada Border to Cape Alava, Washington (Neah Bay subarea).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">6</ENT>
            <ENT>July 20, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">7</ENT>
            <ENT>August 3, 2012</ENT>
            <ENT>Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">8</ENT>
            <ENT>July 27, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">9</ENT>
            <ENT>August 3, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">10</ENT>
            <ENT>August 6, 2012</ENT>
            <ENT>Commercial fishery from Humbug Mountain, Oregon to Oregon/California Border (Oregon Klamath Management Zone—KMZ).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">11</ENT>
            <ENT>August 17, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">12</ENT>
            <ENT>August 24, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">13</ENT>
            <ENT>August 17, 2012</ENT>
            <ENT>Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea) and from U.S./Canada Border to Cape Alava (Neah Bay subarea).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">14</ENT>
            <ENT>August 27, 2012</ENT>
            <ENT>Recreational fishery from Leadbetter Point, Washington to Cape Falcon, Oregon (Columbia River subarea).</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD2">Inseason Action #4</HD>
        <P>The RA consulted with representatives of the Council, Washington Department of Fish and Wildlife (WDFW), and Oregon Department of Fish and Wildlife (ODFW) on June 19, 2012. The information considered during this consultation related to catch and effort to date in the commercial salmon fishery north of Cape Falcon.</P>

        <P>Inseason action #4 closed the commercial salmon fishery from the U.S./Canada Border to Cape Falcon, Oregon at 11:59 p.m. (midnight) on June 20, 2012 with a requirement that all salmon be landed within 24 hours of the closure. The fishery reopened for the period June 22, 2012 through June 29, 2012, with a landing limit of 35 Chinook salmon per vessel for that period and a<PRTPAGE P="55427"/>requirement that all salmon be landed within 24 hours of the closure. This action was taken to prevent exceeding the Chinook salmon quota in the commercial fishery north of Cape Falcon for the May/June season. On June 19, 2012, the states recommended this action and the RA concurred; inseason action #4 took effect on June 20, 2012 and remained in effect until July 1, 2012, when the 2012 management measures for the 2012 July through September season took effect. Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <HD SOURCE="HD2">Inseason Action #5</HD>
        <P>The RA consulted with representatives of WDFW on July, 12, 2012. The information considered during this consultation related to catch and effort to date in the recreational salmon fishery north of Cape Falcon. Council staff were not available to participate in the consultation, but NMFS subsequently consulted with them and they agreed with the action taken. ODFW did not participate in the consultation as the action did not affect Oregon fisheries.</P>
        <P>Inseason action #5 adjusted the daily bag limit for the recreational salmon fishery from U.S./Canada Border to Cape Alava (Neah Bay subarea). The daily bag limit, which had been set preseason at two fish per day, was changed to two fish per day only one of which can be a Chinook salmon. This action was taken to conserve available Chinook salmon and to extend the season as planned preseason by slowing the catch rate of Chinook salmon. On July 12, 2012, the state of Washington recommended this action and the RA concurred; inseason action #5 took effect on July 16, 2012, and remained in effect until inseason action #13 took effect on August 17, 2012. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).</P>
        <HD SOURCE="HD2">Inseason Actions #6, #8, #9, and #11</HD>
        <P>The RA consulted with representatives of the Council, WDFW, and ODFW on July 18, July 25, August 1, and August 15, 2012. The information considered during these consultations related to catch and effort to date in the commercial salmon fishery north of Cape Falcon.</P>
        <P>These inseason actions made incremental adjustments to the landing limit in the commercial salmon fishery from the U.S./Canada Border to Cape Falcon, Oregon for the July 6 through August 17, 2012 season. The landing limit established preseason was 40 Chinook salmon and 35 coho per vessel per open period. The specific landing limit adjustments are shown in the following table:</P>
        <GPOTABLE CDEF="s50,r100,r100" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Inseason action number</CHED>
            <CHED H="1">Effective dates</CHED>
            <CHED H="1">Adopted landing limit</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">6</ENT>
            <ENT>July 20, 2012 through July 24, 2012</ENT>
            <ENT>50 Chinook salmon and 35 coho.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">8</ENT>
            <ENT>July 27, 2012 through July 31, 2012</ENT>
            <ENT>60 Chinook salmon and 35 coho.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">9</ENT>
            <ENT>August 3, 2012 through August 14, 2012</ENT>
            <ENT>90 Chinook salmon and 35 coho.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">11</ENT>
            <ENT>August 17, 2012 through August 21, 2012</ENT>
            <ENT>120 Chinook salmon and 40 coho.</ENT>
          </ROW>
        </GPOTABLE>
        <P>These actions were taken to allow access to under-utilized Chinook salmon and coho quotas. At each consultation listed above, the states recommended the action and the RA concurred. Modification of landing limits inseason is authorized by 50 CFR 660.409(b)(1)(ii).</P>
        <HD SOURCE="HD2">Inseason Action #7</HD>
        <P>The RA consulted with representatives of the Council, WDFW, and ODFW on July 25, 2012. The information considered during this consultation related to catch and effort to date in the recreational salmon fishery north of Cape Falcon.</P>
        <P>Inseason action #7 removed the 5 day per week restriction established preseason for recreational fishing from Queets River, Washington, to Leadbetter Point, Washington (Westport subarea) and opened recreational salmon fishing in this area 7 days per week. This action was taken to allow greater access to available Chinook salmon. On July 25, 2012, the state of Washington recommended this action and the RA concurred; inseason action #7 took effect on August 3, 2012, and remains in effect until subsequent inseason action or the end of the fishing season as described in the annual management measures for 2012. Modification of recreational fishing days per calendar week is authorized by 50 CFR 660.409(b)(1)(iii).</P>
        <HD SOURCE="HD2">Inseason Action #10</HD>
        <P>The RA consulted with representatives of the Council, ODFW, and California Department of Fish and Game on August 6, 2012. The information considered during this consultation related to catch and effort to date in the commercial salmon fishery south of Cape Falcon.</P>
        <P>Inseason action #10 closed the commercial salmon fishery from Humbug Mountain, Oregon to the Oregon/California Border (Oregon KMZ). This action was taken due to projected attainment of the August quota of Chinook salmon within the management area. On August 6, 2012, the state of Oregon recommended this action and the RA concurred; inseason action #10 took effect at 11:59 p.m. (midnight), August 3, 2012, and remains in effect until September 5, 2012. Closure of a fishing season for projected attainment of quota is authorized by 50 CFR 660.409(a)(1).</P>
        <HD SOURCE="HD2">Inseason Action #12</HD>
        <P>The RA consulted with representatives of the Council, WDFW, and ODFW on August 15, 2012. The information considered during this consultation related to catch and effort to date in the commercial salmon fishery north of Cape Falcon.</P>
        <P>Inseason action #12 modified the landing and possession limit and landing periods for the commercial salmon fishery from the U.S./Canada Border to Cape Falcon, Oregon for the August 24 through September 17, 2012 season. Preseason, this fishery was scheduled to be open Friday through Monday with a landing and possession limit of 20 Chinook salmon and 40 coho per vessel per open period. Inseason action #12 changed the openings to Friday through Tuesday with a landing and possession limit of 120 Chinook salmon and 40 coho per vessel per open period. This action was taken to allow greater access to under-utilized Chinook salmon and coho quota. On August 15, 2012, the state of Washington recommended this action and the RA concurred; inseason action #12 took effect on August 24, 2012, and remains in effect until subsequent inseason action or the end of the fishing season as described in the annual management measures for 2012. Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <HD SOURCE="HD2">Inseason Action #13</HD>

        <P>The RA consulted with representatives of the Council, WDFW, and ODFW on August 15. The<PRTPAGE P="55428"/>information considered during this consultation related to catch and effort to date in the recreational salmon fishery north of Cape Falcon.</P>
        <P>Inseason action #13 changed the daily bag limit in the recreational salmon fisheries from Queets River, Washington to Leadbetter Point, Washington (Westport subarea) and from the U.S./Canada Border to Cape Alava (Neah Bay subarea). The bag limit in the Westport subarea was set preseason at two fish per day, no more than one of which can be a Chinook. The bag limit in the Neah Bay subarea was set preseason at two fish per day was modified by Inseason action #5 to two fish per day, only one of which can be a Chinook salmon. Inseason action #13 changed the bag limit in Westport and Neah Bay subareas to two fish per day, both of which can be Chinook salmon. This action was taken to allow greater access to available Chinook salmon. On August 15, 2012, the state of Washington recommended this action and the RA concurred; inseason action #13 took effect on August 17, 2012, and remains in effect until subsequent inseason action or the end of the fishing season as described in the annual management measures for 2012. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).</P>
        <HD SOURCE="HD2">Inseason Action #14</HD>
        <P>The RA consulted with representatives of the Council, WDFW, and ODFW on August 22. The information considered during this consultation related to catch and effort to date in the recreational salmon fishery north of Cape Falcon.</P>
        <P>Inseason action #14 changed the daily bag limit in the recreational salmon fisheries from Leadbetter Point, Washington to Cape Falcon, Oregon (Columbia River subarea). The bag limit in the Columbia River subarea was set preseason at two fish per day, no more than one of which can be a Chinook. Inseason action #14 changed the bag limit in the Columbia River subarea to two fish per day, both of which can be Chinook salmon. This action was taken to allow greater access to available Chinook salmon. On August 22, 2012, the state of Washington recommended this action and the RA concurred; inseason action #14 took effect on August 27, 2012, and remains in effect until subsequent inseason action or the end of the fishing season as described in the annual management measures for 2012. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).</P>
        <P>All other restrictions and regulations remain in effect as announced for the 2012 Ocean Salmon Fisheries and 2013 fisheries opening prior to May 1, 2013 (77 FR 25915, May 2, 2012).</P>
        <P>The RA determined that the best available information indicated that the stock abundance, and catch and effort projections supported the above inseason actions recommended by the states. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the date the action was effective, by telephone hotline number 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of the regulatory actions was provided to fishers through telephone hotline and radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (77 FR 25915, May 2, 2012), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan (50 CFR 660.409 and 660.411). Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time the fishery catch and effort data were collected to determine the extent of the fisheries, and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best available scientific information, thus allowing fishers access to the available fish at the time the fish were available while ensuring that quotas are not exceeded. The AA also finds good cause to waive the 30-day delay in effectiveness required under 5 U.S.C. 553(d)(3), as a delay in effectiveness of these actions would allow fishing at levels inconsistent with the goals of the Salmon Fishery Management Plan and the current management measures.</P>
        <P>These actions are authorized by 50 CFR 660.409 and 660.411 and are 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>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22236 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>175</NO>
  <DATE>Monday, September 10, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="55429"/>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <CFR>10 CFR Part 26</CFR>
        <DEPDOC>[NRC-2009-0090]</DEPDOC>
        <RIN>RIN 3150-AI58</RIN>
        <SUBJECT>Fitness-for-Duty Programs</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Regulatory basis and preliminary proposed rule language.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Nuclear Regulatory Commission (NRC or the Commission) will periodically make publicly available a series of documents related to the ongoing proposed rulemaking effort to amend its regulations regarding Fitness-for-Duty Programs. The NRC does not plan to institute a public comment period for these materials when making them publicly available. This document announces the availability of two rulemaking documents: The regulatory basis and preliminary proposed rule language for requiring personnel performing certain quality control and quality verification (QC/QV) duties to comply with the work hour provisions. The availability of these documents provides increased awareness to interested stakeholders and provides preparatory material for future public meetings.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>At this time, the NRC is not soliciting formal public comments on the materials identified in this document. There will be an opportunity for formal public comment on the proposed rule when it is published in the<E T="04">Federal Register</E>.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Please refer to Docket ID NRC-2009-0090 when contacting the NRC about the availability of information for this document. You may access information and comment submittals related to this document, which the NRC possesses and are publicly available, by 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-2009-0090.</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 “<E T="03">Begin Web-based ADAMS Search.”</E>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>The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.</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>Scott C. Sloan, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1619; email:<E T="03">Scott.Sloan@nrc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>

        <P>As the NRC continues its ongoing proposed rulemaking effort to amend portions of part 26 of Title 10 of the Code of Federal Regulations (10 CFR), “Fitness-for-Duty Programs,” subpart I, “Managing Fatigue,” the NRC will periodically make preliminary documents publicly available on the Federal rulemaking Web site,<E T="03">www.regulations.gov,</E>under Docket ID NRC-2009-0090. By making these documents publicly available, the NRC seeks to inform stakeholders of the current status of the NRC's rulemaking development activities and provide preparatory material for future public meetings. The NRC is not instituting a public comment period on these materials, but the public is encouraged to participate in related public meetings. In addition, the public will be given opportunity to provide comments on the proposed rule upon its publication in the<E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">II. Petitions for Rulemaking</HD>
        <P>A discussion of a September 28, 1999, petition for rulemaking (PRM), PRM-26-2 (64 FR 67205; December 1, 1999), is included in the Regulatory Basis for this proposed rulemaking. This PRM was partially considered in the March 31, 2008 (73 FR 16965), Fitness for Duty Programs final rule. In this proposed rulemaking, the NRC is considering PRM-26-3 (76 FR 28192; May 16, 2011), PRM-26-5 (76 FR 28192; May 16, 2011), and PRM-26-6 (76 FR 28191; May 16, 2011).</P>
        <HD SOURCE="HD1">III. Publicly Available Documents</HD>
        <P>The NRC has posted for public availability on<E T="03">www.regulations.gov,</E>the regulatory basis for requiring personnel performing certain quality control and quality verification (QC/QV) duties to comply with the work hour provisions of 10 CFR part 26, subpart I. This regulatory basis was completed in 2010 and documents the reasons why the NRC determined rulemaking was the appropriate course of action to remedy a regulatory shortcoming.</P>
        <P>When the regulatory basis was completed, the NRC had not yet begun the rulemaking that provides a voluntary alternative to the Minimum Days Off (MDO) requirements found in § 26.205(d)(3). That alternative became effective on August 11, 2011 (76 FR 43534). However, initial technical analysis indicates that the alternative to the MDO requirements does not change the basis for this rulemaking.</P>
        <P>In addition, the NRC has posted preliminary proposed rule language related to these QC/QV personnel on www.regulations.gov. This preliminary proposed rule language contains one portion of the NRC's planned proposed changes. This language does not represent a final NRC staff position, nor has it been reviewed by the Commission. Therefore, the preliminary proposed rule language may undergo significant revision during the rulemaking process.</P>

        <P>The NRC is not requesting formal public comments on the regulatory basis or the preliminary proposed rule language. The NRC may post additional materials, including other preliminary rule language, to the Federal rulemaking Web site at<E T="03">https://www.regulations.gov,</E>under Docket ID NRC-2009-0090. The Federal rulemaking Web site allows you to receive alerts when changes or<PRTPAGE P="55430"/>additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2009-0090); (2) click the “Email Alert” link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly).</P>
        <HD SOURCE="HD1">IV. Plain Writing</HD>

        <P>The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. Although regulations are exempt under the Act, the NRC is applying the same principles to its rulemaking documents. Therefore, the NRC has written this document, including the preliminary proposed rule language, to be consistent with the Plain Writing Act. There will be an opportunity for formal public comment on the use of plain language when the proposed rule is published in the<E T="04">Federal Register</E>.</P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this August 22, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Sher Bahadur,</NAME>
          <TITLE>Deputy Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22185 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Office of Surface Mining Reclamation and Enforcement</SUBAGY>
        <CFR>30 CFR Part 904</CFR>
        <DEPDOC>[SATS No. AR-040-FOR; Docket ID OSM-2012-0017]</DEPDOC>
        <SUBJECT>Arkansas Regulatory Program and Abandoned Mine Land Reclamation Plan</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Surface Mining Reclamation and Enforcement, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule; public comment period on proposed amendment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Arkansas regulatory program (Arkansas program) and the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposes to revise substantial portions of its regulatory program and abandoned mine land reclamation plan, make grammatical changes, correct punctuation, revise dates, and delete and add citations. The proposed amendment consists of substantive changes to Arkansas's regulations regarding: Subchapter A—General; Subchapter F—Areas Unsuitable for Mining; Subchapter G—Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems; Subchapter J—Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations; Subchapter K—State Program Performance Standards; Subchapter L—State Program Inspection and Enforcement Procedures; Subchapter M—Training Programs for Blasters and Members of Blasting Crews, and Certification Programs for Blasters; and Subchapter R—Abandoned Mine Land Reclamation.</P>
          <P>This document provides the times and locations that the Arkansas program, Arkansas plan, and this proposed amendment are available for your review; the comment period during which you may submit written comments on the amendment; and the procedures that we will follow for the public hearing, if one is requested.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>We will accept written comments on this amendment until 4:00 p.m., c.d.t., October 10, 2012. If requested, we will hold a public hearing on the amendment on October 5, 2012. We will accept requests to speak at a hearing until 4:00 p.m., c.d.t. on September 25, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments, identified by SATS No. AR-040-FOR, by any of the following methods:</P>
          <P>•<E T="03">Mail/Hand Delivery:</E>Alfred L. Clayborne, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.</P>
          <P>•<E T="03">Fax:</E>(918) 581-6419.</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>
            <E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>
            <E T="03">Instructions:</E>All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” heading of the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
          <P>
            <E T="03">Docket:</E>For access to the docket to review copies of the Arkansas regulations, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM's Tulsa Field Office, or the full text of the program amendment available for you to read at<E T="03">www.regulations.gov.</E>
          </P>
          <P>Alfred L. Clayborne, Director,Tulsa Field Office,Office of Surface Mining Reclamation and Enforcement,1645 South 101st East Avenue, Suite 145,Tulsa, Oklahoma 74128-4629,Telephone: (918) 581-6430 .</P>
          <P>In addition, you may review a copy of the amendment during regular business hours at the following location:Arkansas Department of Environmental Quality,5301 Northshore Drive,North Little Rock, Arkansas 72118-5317,Telephone: (501) 682-0744.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Alfred L. Clayborne, Director, Tulsa Field Office. Telephone: (918) 581-6430. Email:<E T="03">aclayborne@osmre.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        
        <EXTRACT>
          <FP SOURCE="FP-2">I. Background on the Arkansas Program</FP>
          <FP SOURCE="FP-2">II. Description of the Proposed Amendment</FP>
          <FP SOURCE="FP-2">III. Public Comment Procedures</FP>
          <FP SOURCE="FP-2">IV. Procedural Determinations</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. Background on the Arkansas Program</HD>

        <P>Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, “a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior (Secretary) conditionally approved the Arkansas program effective November 21, 1980. You can find background information on the Arkansas program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Arkansas program in the November 21, 1980,<E T="04">Federal Register</E>(45 FR 77003). You can find later actions on the Arkansas program at 30 CFR 904.10, 904.12, and 904.15.</P>

        <P>The Abandoned Mine Land Reclamation Program was established by Title IV of the Act in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of<PRTPAGE P="55431"/>coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian Tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. On the basis of these criteria, the Secretary of the Interior approved the Arkansas plan on May 2, 1983. You can find background information on the Arkansas plan, including the Secretary's findings, the disposition of comments, and the approval of the plan in the May 2, 1983,<E T="04">Federal Register</E>(48 FR 19710). You can find later actions concerning the Arkansas plan at 30 CFR 904.25 and 904.26.</P>
        <HD SOURCE="HD1">II. Description of the Proposed Amendment</HD>

        <P>By letter dated June 25, 2012 (Administrative Record No. AR-572), Arkansas submitted a proposed amendment to its program and plan pursuant to SMCRA. Arkansas submitted the amendment in response to a September 30, 2009, letter (Administrative Record No. AR-571) from OSM in accordance with 30 CFR 732.17(c). Arkansas is also making substantial changes to other sections of its regulatory program and its abandoned mine land reclamation plan on its own initiative. The full text of the program amendment is available for you to read at the locations listed above under<E T="02">ADDRESSES</E>.</P>
        <P>Arkansas proposes to revise substantial portions of its regulatory program and abandoned mine land reclamation plan, make grammatical changes, correct punctuation, revise dates, update addresses, and delete and add citations. Arkansas proposes to revise every section title throughout its regulations by replacing “Section” with “Reg.20.” and by deleting the title dates. Arkansas also proposes to replace the word “Director” with “Department” and replace the word “Chapter” with “Code” throughout its entire regulations. The Arkansas regulations that contain substantive changes are listed in the table below.</P>
        <GPOTABLE CDEF="s100,r200" COLS="2" OPTS="L2,i1">
          <TTITLE>Substantive Changes table</TTITLE>
          <BOXHD>
            <CHED H="1">ARKANSAS REG.20. SECTIONS</CHED>
            <CHED H="1">TITLE</CHED>
          </BOXHD>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER A—GENERAL</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 700—GENERAL</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">700.11, 700.12, and 700.16</ENT>
            <ENT>Rulemaking Initiated by the Commission; Petitions to Initiate Rulemaking; and Employee Protection.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 701 STATE PROGRAM</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">701.5</ENT>
            <ENT>Definitions.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 702 EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">702.13</ENT>
            <ENT>Public Availability of Information.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 705—RESTRICTIONS ON FINANCIAL INTERESTS OF ENFORCEMENT PERSONNEL</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">705.1 and 705.13</ENT>
            <ENT>Scope and When to File.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER F—AREAS UNSUITABLE FOR MINING</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 762—CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">762.5</ENT>
            <ENT>Definitions.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PROCEDURES SYSTEMS</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 770—GENERAL</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">770.5</ENT>
            <ENT>Definitions.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 771—GENERAL REQUIREMENTS FOR PERMITS AND APPLICATIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">771.25</ENT>
            <ENT>Permit Fees.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 776—GENERAL REQUIREMENTS FOR COAL EXPLORATION OPERATIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">776.17</ENT>
            <ENT>Public Availability of Information.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 778—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">778.1, 778.2, 778.4, 778.6, 778.9, 778.11, 778.12, 778.13, 778.14, 778.15, 778.16, 778.17, 778.20, 778.21, and 778.22</ENT>
            <ENT>Scope; Objectives; Responsibility; Applicability, Certifying and Updating Existing Permit Application Information; Applicant and Operator Information; Permit History Information; Property Interest Information; Violation Information; Right of Entry Information; Status of Unsuitability Claims; Permit Term Information; Identification of Location of Public Office for Filing of Application; Newspaper Advertisement and Proof of Publication; and Facilities or Structures Used in Common.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <PRTPAGE P="55432"/>
            <ENT I="21">
              <E T="02">PART 779—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">779.21</ENT>
            <ENT>Analysis of Selected Overburden or Topsoil Mixtures.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 780—SURFACE MINING PERMIT APPLICATION—MINIMUM REQUIREMENT FOR RECLAMATION AND OPERATION PLAN</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">780.11, 780.13, 780.15, 780.16, 780.18, 780.21, 780.23, 780.25, 780.28, 780.29, 780.35, 780.37, and 780.38</ENT>
            <ENT>Operation Plan: General Requirements; Operation Plan: Blasting; Air Pollution Control Plan; Fish and Wildlife Plan; Reclamation Plan: General Requirements; Reclamation Plan: Hydrologic Information; Reclamation Plan: Postmining Land Uses; Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams, and Embankments; Activities In or Adjacent to Perennial or Intermittent Streams; Diversions; Disposal of Excess Spoil; Road Systems; and Support Facilities.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 782—UNDERGROUND MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">782.1-782.21</ENT>
            <ENT>Scope; Objectives; Responsibilities; Applicability; Identification of Interests; Compliance Information; Right of Entry and Operation Information; Relationship to Areas Designated Unsuitable For Mining; Permit Term Information; Personal Injury and Property Damage Insurance Information; Identification of Other Licenses and Permits; Identification of Location of Public Office for Filing of Application; and Newspaper Advertisement and Proof of Publication.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 784—UNDERGROUND MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">784.14, 784.19, 784.20, and 784.28</ENT>
            <ENT>Reclamation Plan: Hydrologic Information; Underground Development Waste; Subsidence Control Plan; and Surface Activities in or Adjacent to Perennial or Intermittent Streams.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 785—REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">785.13, 785.14, 785.15, 785.16, 785.18, 785.22, and 785.25</ENT>
            <ENT>Experimental Practices Mining; Mountaintop Removal Mining; Steep Slope Mining; Permits Incorporating Variances from Approximate Original Contour Restoration Requirements for Steep Slope Mining; Variances for Delay in Contemporaneous Reclamation Requirements in Combined Surface and Underground Mining Operations; In Situ Processing Activities; and Lands Eligible for Remining.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 786—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">786.1, and 786.3-786.31</ENT>
            <ENT>Scope; Responsibilities; Pre-Application Conference; Regulatory Coordination with Requirements under Other Laws; Public Participation in Permit Processing; Review of Permit Applications; General Provisions for Review of Permit Application Information and Entry of Information into AVS; Review of Applicant, Operator, and Ownership and Control Information; Review of Permit History; Review of Compliance History; Permit Eligibility Determination; Unanticipated Events or Conditions at Remining Sites; Eligibility for Provisionally Issued Permits; Written Findings for Permit Application Approval; Performance Bond Submittal; Permit Conditions; Permit Issuance and Right of Renewal; Initial Review and Finding Requirements for Improvidently Issued Permits; Notice Requirements for Improvidently Issued Permits; Suspension or Rescission Requirements for Improvidently Issued Permits; Eligibility to Challenge Ownership or Control Listings and Findings; Procedures for Challenging an Ownership or Control Listing or Finding; Burden of Proof for Ownership or Control Challenges; Written Decision on Challenges to Ownership or Control Listings or Findings; Conditions of Permits: Environment, Public Health, and Safety; Improvidently Issued Permits: General Procedures; and Improvidently Issued Permits: Recision Procedures.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 787—ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">787.12</ENT>
            <ENT>Judicial Review.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 788—REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL, AND VIOLATION INFORMATION</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">788.5, 788.9, 788.10, 788.11, 788.13, 788.14, 788.15, 788.16, 788.17, 788.18, and 788.19</ENT>
            <ENT>Definitions; Post-Permit Issuance Requirements and Other Actions Based on Ownership, Control, and Violation Information; Post-Permit Issuance Requirements for Permittees; Review of Permits; Permit Renewals: General Requirements; Permit Renewals: Completed Applications; Permit Renewals: Terms; Permit Renewals: Approval or Denial; Transfer, Assignment, or Sale of Permit Rights: General Requirements; Transfer, Assignments, or Sale of Permit Rights: Obtaining Approval; and Requirements for New Permits for Persons Succeeding to Rights Granted Under a Permit.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <PRTPAGE P="55433"/>
            <ENT I="21">
              <E T="02">SUBCHAPTER J—BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 800—BONDS AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS UNDER THE STATE PROGRAM</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">800.23 and 800.40</ENT>
            <ENT>Self-bonding; and Requirement to Release Performance Bonds.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER K—STATE PROGRAM PERFORMANCE STANDARDS</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 810—STATE PROGRAM PERFORMANCE STANDARDS GENERAL PROVISIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">810.11</ENT>
            <ENT>Applicability.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">816.11, 816.13, 816.14, 816.15, 816.22, 816.41, 816.42, 816.43, 816.44, 816.45, 816.46, 816.48, 816.49, 816.50-S, 816.50-U, 816.51-S, 816.52-S, 816.53, 816.54, 816.55, 816.56, 816.57; 816.61-U, 816.64-U, 816.68, 816.71, 816.100, 816.101-S, 816.101-U, 816.102, 816.106, 816.107, 816.113, 816.114, 816.116, 816.121-U, 816.122-U, 816.133, 816.151, 816.180, and 816.181</ENT>
            <ENT>Signs and Markers; Casing and Sealing of Drilled Holes: General Requirements; Casing and Sealing of Drilled Holes: Temporary; Casing and Sealing of Drilled Holes: Permanent; Topsoil and Subsoil; Hydrologic Balance: Protection; Hydrologic Balance: Water Quality Standards and Effluent Limitations; Hydrologic Balance: Diversions; Hydrologic Balance: Stream Channel Diversions; Hydrologic Balance: Sediment Control Measures; Hydrologic Balance: Siltation Structures; Hydrologic Balance: Acid-forming and Toxic-forming Spoil; Impoundments, Hydrologic Balance: Ground Water Protection; Hydrologic Balance: Underground Mine Entry and Access Discharges; Hydrologic Balance: Protection of Groundwater Recharge Capacity; Hydrologic Balance: Surface And Groundwater Monitoring; Hydrologic Balance: Transfer Of Wells; Hydrologic Balance: Water Rights and Replacement; Hydrologic Balance: Discharge of Water into an Underground Mine; Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities; Hydrologic Balance: Activities in or Adjacent to Perennial or Intermittent Streams; Use of Explosives: General Requirements; Use of Explosives: Public Notice of Blasting Schedule; Use of Explosives: Records of Blasting Operations; Disposal of Excess Spoil: General Requirements; Contemporaneous Reclamation; Backfilling and Grading: Time and Distance Requirements; Backfilling and Grading: General Requirements; Backfilling and Grading: General Grading Requirements; Backfilling and Grading: Previously Mined Areas; Backfilling and Grading: Steep Slopes; Revegetation: Timing; Revegetation: Mulching and Other Soil Stabilizing Practices; Revegetation: Standards for Success; Subsidence Control: General Requirements; Subsidence Control: Public Notice; Postmining Land Use; Roads: Primary Roads; Utility Installations; and Support Facilities.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 817—PERMANENT PROGRAM PERFORMANCE STANDARDS—UNDERGROUND MINING ACTIVITIES</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">817.1-817.181</ENT>
            <ENT>Scope; Objectives; Signs and Markers; Casing and Sealing of Exposed Underground Openings: General Requirements; Casing and Sealing of Underground Openings: Temporary; Casing and Sealing of Underground Openings: Permanent; Topsoil and Subsoil; Hydrologic Balance: Protection; Hydrologic Balance: Water Quality Standards and Effluent Limitations; Hydrologic Balance: Diversions; Hydrologic Balance: Sediment Control Measures; Hydrologic Balance: Siltation Structures; Hydrologic Balance: Discharge Structures; Impoundments; Hydrologic Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities; Hydrologic Balance: Surface Activities in or Adjacent to Perennial or Intermittent Streams; Coal Recovery; Use of Explosives: General Requirements; Use of Explosives: Pre-blasting Survey; Use of Explosives: Public Notice of Blasting Schedule; Use of Explosives: Blasting Signs, Warnings, and Access Control; Use of Explosives: Control of Adverse Effects; Use of Explosives: Seismographic Measurements; Use of Explosives: Records of Blasting Operations; Disposal of Excess Spoil: General Requirements; Disposal of Excess Spoil: Valley Fills/Head-of Hollow Fills; Disposal of Excess Spoil: Durable Rock Fills; Disposal of Excess Spoil: Pre-Existing Benches; Coal Mine Waste: General Requirements; Coal Mine Waste: Refuse Piles; Coal Mine Waste: Impounding Structures; Coal Mine Waste: Burning and Burned Waste Utilization; Disposal of Noncoal Mine Wastes; Stabilization of Surface Areas; Protection of Fish, Wildlife, and Related Environmental Values; Slides and Other Damage; Contemporaneous Reclamation; Backfilling and Grading: General Requirements; Backfilling and Grading: Previously Mined Areas; Backfilling and Grading: Steep Slopes; Revegetation: General Requirements; Revegetation: Timing; Revegetation: Mulching and Other Soil Stabilizing Practices; Revegetation: Standards for Success; Subsidence Control: General Requirements; Subsidence Control: Public Notice; Cessation of Operations: Temporary; Cessation of Operations: Permanent; Postmining Land Use; Roads: General; Roads: Primary Roads; Utility Installations; and Support Facilities.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 818—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—CONCURRENT SURFACE AND UNDERGROUND MINING</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">818.1-818.15</ENT>
            <ENT>Scope; Objective; Responsibilities; Applicability; Compliance with Variance; and Additional Performance Standards.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <PRTPAGE P="55434"/>
            <ENT I="21">
              <E T="02">PART 819—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—AUGER MINING</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">819.11, 819.13, 819.15, 819.17, 819.19, and 819.21</ENT>
            <ENT>Auger Mining: General; Auger Mining: Coal Recovery; Auger Mining: Hydrologic Balance; Auger Mining: Subsidence Protection; Auger Mining: Backfilling and Grading; and Auger Mining: Protection of Underground Mining.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 823—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS—OPERATIONS ON PRIME FARMLAND</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">823.15</ENT>
            <ENT>Revegetation and Restoration of Soil Productivity.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 827—SPECIAL STATE PROGRAM PERFORMANCE STANDARDS COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">827.12</ENT>
            <ENT>Coal Processing Plants: Performance Standards.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER L—STATE PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 842—INSPECTIONS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">842.11 and 842.15</ENT>
            <ENT>Inspections and Review of Decision Not to Inspect or Enforce.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 843—ENFORCEMENT</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">843.11, 843.15, and 843.16</ENT>
            <ENT>Cessation Orders; Informal Public Hearing; and Formal Review of Citations.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 845—CIVIL PENALTIES</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">845.12, 845.13, 845.14, 845.15, 845.17, 845.18, 845.19, and 845.20</ENT>
            <ENT>When Penalty Will Be Assessed; Point System for Penalties; Determination of Amount of Penalty; Assessment of Separate Violations for Each Day; Procedures for Assessment of Civil Penalties; Procedures for Assessment Conference; Request for Adjudicatory Public Hearing; and Final Assessment and Payment of Penalty.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 846—INDIVIDUAL CIVIL PENALTIES</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">846.5, 846.14, 846.17, and 846.18</ENT>
            <ENT>Definitions; Amount of Individual Civil Penalty; Procedure for Assessment of Individual Civil Penalty; and Payment of Penalty.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 847—ALTERNATIVE ENFORCEMENT</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">847.1-847.16</ENT>
            <ENT>Scope; General Provisions; Criminal Penalties; and Civil Actions for Relief.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER M—TRAINING PROGRAMS FOR BLASTERS AND MEMBERS OF BLASTING CREWS, AND CERTIFICATION PROGRAMS FOR BLASTERS</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 850—PROGRAMS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">850.16</ENT>
            <ENT>Reciprocity.</ENT>
          </ROW>
          <ROW EXPSTB="01">
            <ENT I="21">
              <E T="02">SUBCHAPTER R—ABANDONED MINE LAND RECLAMATION</E>
            </ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="21">
              <E T="02">PART 874—GENERAL RECLAMATION REQUIREMENTS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">874.12, 874.13, and 874.16</ENT>
            <ENT>Eligible Lands and Water; Reclamation Objectives and Priorities; and Contractor Eligibility.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 877—RIGHTS OF ENTRY</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">877.11, 877.12, 877.13, and 877.14</ENT>
            <ENT>Consent to Entry; Entry for Studies or Exploration; Entry and Consent to Reclaim; and Entry for Emergency Reclamation.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 879—ACQUISITION, MANAGEMENT AND DISPOSITION OF LANDS AND WATER</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">879.11, 879.12, 879.13, and 879.15</ENT>
            <ENT>Land Eligible for Acquisition; Procedures for Acquisition; Acceptance of Gifts of Land; and Disposition of Reclaimed Lands.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 882—RECLAMATION ON PRIVATE LAND</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">882.13</ENT>
            <ENT>Liens.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 900—PROCEDURES FOR HEARING AND APPEALS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">900.2, 900.3, 900.4, 900.5, 900.6, 900.7, 900.9, and 900.12</ENT>
            <ENT>Filing of Documents; Form of Documents; Service and Proof of Service; Intervention, Voluntary Dismissal; Motions; Advancement of Proceedings, and Other Procedures.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <PRTPAGE P="55435"/>
            <ENT I="21">
              <E T="02">PART—920 ADJUDICATORY HEARINGS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">920.1, 920.2, 920.3, 920.7, and 920.8</ENT>
            <ENT>Presiding Officers; Powers of Presiding Officers; Notice of Hearing; Initial Orders and Decisions; and Effect of Initial Order or Decision.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 930—DISCOVERY</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">930.1</ENT>
            <ENT>Discovery.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 940—TEMPORARY AND EXPEDITED REVIEW</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">940.3</ENT>
            <ENT>Procedures for Expedited Review.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">PART 960—APPEALS</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">960.2-960.7</ENT>
            <ENT>Appeals: How Taken; Answer; Stay Pending Appeal; Certified Transcript; Record on Appeal; and Extended Time for Appeals.</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">III. Public Comment Procedures</HD>
        <P>Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether Arkansas's proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Arkansas State program.</P>
        <P>Under the provisions of 30 CFR 884.15(a), we are requesting comments on whether the amendment satisfies the applicable State reclamation plan approval criteria of 30 CFR 884.14. If we approve the amendment, it will become part of the Arkansas plan.</P>
        <HD SOURCE="HD2">Electronic or Written Comments</HD>
        <P>If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications.</P>

        <P>We cannot ensure that comments received after the close of the comment period (see<E T="02">DATES</E>) or sent to an address other than those listed (see<E T="02">ADDRESSES</E>) will be included in the docket for this rulemaking and considered.</P>
        <HD SOURCE="HD2">Public Availability of Comments</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>
        <HD SOURCE="HD2">Public Hearing</HD>

        <P>If you wish to speak at the public hearing, contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>by 4:00 p.m., c.d.t. on September 25, 2012. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing.</P>
        <P>To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard.</P>
        <HD SOURCE="HD2">Public Meeting</HD>

        <P>If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under<E T="02">FOR FURTHER INFORMATION CONTACT</E>. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under<E T="02">ADDRESSES</E>. We will make a written summary of each meeting a part of the administrative record.</P>
        <HD SOURCE="HD1">IV. Procedural Determinations</HD>
        <HD SOURCE="HD2">Executive Order 12866—Regulatory Planning and Review</HD>
        <P>This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866.</P>
        <HD SOURCE="HD2">Other Laws and Executive Orders Affecting Rulemaking</HD>

        <P>When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the<E T="04">Federal Register</E>indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 30 CFR Part 904</HD>
          <P>Intergovernmental relations, Surface mining, Underground mining.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: July 18, 2012.</DATED>
          <NAME>Ervin J. Barchenger,</NAME>
          <TITLE>Regional Director,Mid-Continent Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22233 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-05-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="55436"/>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 100</CFR>
        <DEPDOC>[Docket No. USCG-2012-0714]</DEPDOC>
        <RIN>RIN 1625-AA08</RIN>
        <SUBJECT>Special Local Regulation; Partnership in Education, Dragon Boat Race; Maumee River, Toledo, OH</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard proposes establishing a permanent Special Local Regulation on the Maumee River, Toledo, Ohio. This regulation is intended to regulate vessel movement in portions of the Maumee River during the annual Dragon Boat Races. This special local regulated area is necessary to protect race participants from other vessel traffic.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments and related material must be received by the Coast Guard on or before October 10, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by docket number USCG-2012-0714 using any one of the following methods:</P>
          <P>
            <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>
          </P>
          <P>
            <E T="03">Fax:</E>202-493-2251.</P>
          <P>
            <E T="03">Mail or Delivery:</E>Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329.</P>

          <P>See the “Public Participation and Request for Comments” portion of the<E T="02">SUPPLEMENTARY INFORMATION</E>section below for instructions on submitting comments. To avoid duplication, please use only one of these four methods.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this proposed rule, call or email LTJG Benjamin Nessia, Response Department, MSU Toledo, Coast Guard; telephone (419) 418-6040, email<E T="03">Benjamin.B.Nessia@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>
        <P/>
        <EXTRACT>
          <HD SOURCE="HD1">Table of Acronyms</HD>
          <FP SOURCE="FP-1">DHSDepartment of Homeland Security</FP>
          <FP SOURCE="FP-1">FR<E T="04">Federal Register</E>
          </FP>
          <FP SOURCE="FP-1">NPRMNotice of Proposed Rulemaking</FP>
        </EXTRACT>
        <HD SOURCE="HD1">A. Public Participation and Request for Comments</HD>

        <P>We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to<E T="03">http://www.regulations.gov</E>and will include any personal information you have provided.</P>
        <HD SOURCE="HD2">1. Submitting comments</HD>

        <P>If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via<E T="03">http://www.regulations.gov</E>) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via<E T="03">www.regulations.gov,</E>it will be considered received by the Coast Guard when the comment is successfully transmitted; a comment submitted via fax, hand delivery, or mail, will be considered as having been received by the Coast Guard when the comment is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
        <P>To submit your comment online, go to<E T="03">http://www.regulations.gov,</E>type the docket number in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.</P>
        <P>If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8½ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments.</P>
        <HD SOURCE="HD2">2. Viewing comments and documents</HD>

        <P>To view comments, as well as 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.” Click on “OPEN DOCKET FOLDER” on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        <HD SOURCE="HD2">3. Privacy Act</HD>

        <P>Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the<E T="04">Federal Register</E>(73 FR 3316).</P>
        <HD SOURCE="HD2">4. Public meeting</HD>

        <P>We do not now plan to hold a public meeting. You may submit a request for one using one of the four methods specified under<E T="02">ADDRESSES</E>. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the<E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">B. Regulatory History and Information</HD>

        <P>On May 11, 2011, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled Special Local Regulation; Partnership in Education Dragon Boat Race, Maumee River Toledo, OH in the<E T="04">Federal Register</E>(Docket Number USCG-2011-0211, 76 FR 27284). No public comments were received; a public meeting was not requested, and no public meetings were held. However, the Coast Guard elected not to publish a final rule (FR) following that 2011 NPRM. Given the length of time since the 2011 NPRM comment period ended, the Coast Guard has decided to again solicit public comments for this annual event. In addition to the 2011 NPRM, the Coast Guard established a temporary final rule (TFR) earlier this year to establish Special Local Regulations for the 2012 occurrence of this event (full text not published in the<E T="04">Federal Register</E>). Because of the application submission by the sponsoring organization was delayed in 2012, the Coast Guard used the “Good Cause” exception to the Notice &amp; Comment requirement of the Administrative Procedure Act.</P>
        <HD SOURCE="HD1">C. Basis and Purpose</HD>

        <P>Each year, an organized racing event takes place on the Maumee River in which participants paddle Hong Kong<PRTPAGE P="55437"/>style Dragon Boats from International Park to Owens Corning on the Maumee River in Toledo, OH. This recurring event is known as the Dragon Boat races. The Captain of the Port Detroit has determined that this dragon boat race in close proximity to other watercraft and in the shipping channel poses a significant risk to public safety and property. Thus, the Captain of the Port Detroit has determined it necessary to establish a permanent Special Local Regulation around the location of the race's course to ensure the safety of persons and property at this annual event and help minimize the associated risks.</P>
        <HD SOURCE="HD1">D. Discussion of Proposed Rule</HD>

        <P>As suggested above, this proposed rule is intended to ensure safety of the public and vessels during the Dragon Boat Races. This proposed rule will become effective 30 days after the final rule is published in the<E T="04">Federal Register</E>. However, the Special Local Regulation will only be enforced annually on the third or fourth Saturday in July from 6:00 a.m. until 6:00 p.m. Vessel traffic may proceed down the West side of the river at a no wake speed during racing. The races will stop for oncoming freighter or commercial traffic. The on-scene representative may be present on any Coast Guard, state or local law enforcement, or sponsor provided vessel assigned to patrol the event. The on-scene representatives may permit vessels to transit the area when no race activity is occurring. Coast Guard proposes that all vessels transiting the area shall proceed at a no-wake speed and maintain extra vigilance at all times.</P>
        <P>This Special Local Regulation will encompass all navigable waters of the United States on the Maumee River, Toledo, OH, bound by a line extending from a point on land just north of the Cherry Street Bridge at position 41°39′5.27″ N; 083°31′34.01″ W straight across the river along the Cherry Street bridge to position 41°39′12.83″ N; 083°31′42.58″ W and a line extending from a point of land just south of International Park at position41°38′ 46.62″ N; 083°31′50.54″ W straight across the river to the shore adjacent to the Owens Corning building at position 41°38′47.37″ N; 083°32′2.05″ W. These coordinates are North American Datum of 1983 (NAD 83).</P>

        <P>The Captain of the Port will notify the affected segments of the public of the enforcement of this Special Local Regulation by all appropriate means. Means of notification may include publication of Notice of Enforcement (NOE) in the<E T="04">Federal Register</E>, Broadcast Notice to Mariners, and Local Notice to Mariners.</P>
        <HD SOURCE="HD1">E. Regulatory Analyses</HD>
        <P>We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders.</P>
        <HD SOURCE="HD2">1. Regulatory Planning and Review</HD>
        <P>This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this proposed 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 Special Local Regulation will be relatively small and be enforced for a relatively short time. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the area when permitted by the Captain of the Port.</P>
        <HD SOURCE="HD2">2. Impact on Small Entities</HD>
        <P>Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.</P>
        <P>The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the portion of the Maumee River discussed above annually on the third or fourth Saturday of July from 6:00 a.m. until 6:00 p.m.</P>
        <P>This proposed Special Local Regulation will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be enforced for approximately twelve hours the day of its effective period. In addition, on-scene representatives will allow vessels to transit along the Western side of the river at a slow no wake speed. The race committee will stop the races for any oncoming commercial traffic.</P>

        <P>If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see<E T="02">ADDRESSES</E>) explaining why you think it qualifies and how and to what degree this rule would economically affect it.</P>
        <HD SOURCE="HD2">3. Assistance for Small Entities</HD>

        <P>Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. If this proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LTJG Benjamin Nessia, Response Department, MSU Toledo, Coast Guard; telephone (419) 418-6040, email<E T="03">Benjamin.B.Nessia@uscg.mil.</E>The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.</P>
        <HD SOURCE="HD2">4. Collection of Information</HD>
        <P>This proposed rule would call for no 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 State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it 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 INFORMATION CONTACT</E>section to coordinate protest activities so that your message can be received without<PRTPAGE P="55438"/>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 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 proposed rule would not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble.</P>
        <HD SOURCE="HD2">8. Taking of Private Property</HD>
        <P>This proposed rule would 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 proposed rule will meet 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.</P>
        <HD SOURCE="HD2">11. Indian Tribal Governments</HD>
        <P>This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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>We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.</P>
        <HD SOURCE="HD2">13. Technical Standards</HD>
        <P>The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.</P>
        <P>This proposed 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 proposed 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 made a preliminary determination 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 proposed rule involves the establishment of a Special Local Regulation and is therefore categorically excluded under figure 2-1, paragraph (34)(h), of the Instruction. During the annual permitting process for this Dragon Boat Race event an environmental analysis will be conducted, and thus, no preliminary environmental analysis checklist or Categorical Exclusion Determination (CED) will be required for this rulemaking action. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 100</HD>
          <P>Marine Safety, Navigation (water), Reporting and record keeping requirements, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR Part 100 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS</HD>
          <P>1. The authority citation for part 100 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1233.</P>
          </AUTH>
          
          <P>2. Add § 100.921 to read as follows:</P>
          <SECTION>
            <SECTNO>§ 100.921</SECTNO>
            <SUBJECT>Special Local Regulations, Partnership in Education, Dragon Boat Festival, Toledo, OH.</SUBJECT>
            <P>
              <E T="03">(a) Regulated Area.</E>The regulated area includes all U.S. navigable waters of the Maumee river, Toledo, OH, bound by a line extending from a point on land just north of the Cherry Street Bridge at position 41°39′5.27″ N; 083°31′34.01″ W straight across the river along the Cherry Street bridge to position 41°39′12.83″ N; 083°31′42.58″ W and a line extending from a point of land just south of International Park at position 41°38′46.62″ N; 083°31′50.54″ W straight across the river to the shore adjacent to the Owens Corning building at position 41°38′47.37″ N; 083°32′2.05″ W. These coordinates are North American Datum of 1983 (DATUM: NAD 83).</P>
            <P>
              <E T="03">(b) Enforcement Period.</E>These Special Local Regulations will be enforced annually on the third or fourth Saturday of July from 6:00 a.m. until 6:00 p.m. The exact dates and times will be determined annually and published annually in the<E T="04">Federal Register</E>via a Notice of Enforcement.</P>
            <P>
              <E T="03">(c) Special Local Regulations.</E>
            </P>
            <P>(1) In accordance with the general regulations in section § 100.901 of this part, vessels transiting within the regulated area shall travel at a no-wake speed and remain vigilant for vessels participating in the event. Additionally, vessels shall yield right-of-way for event participants and event safety craft and shall follow directions given by the Coast Guard's on-scene representative or by event representatives during the event.</P>
            <P>(2) The “on-scene representative” of the Captain of the Port, Sector Detroit is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port, Sector Detroit to act on his behalf. The on-scene representative of the Captain of the Port, Sector Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port, Sector Detroit or his designated on scene representative may be contacted via VHF Channel 16.</P>
          </SECTION>
          <SIG>
            <PRTPAGE P="55439"/>
            <DATED>Dated: August 6, 2012.</DATED>
            <NAME>J.E. Ogden,</NAME>
            <TITLE>Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22153 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 161</CFR>
        <DEPDOC>[Docket No. USCG-2011-1024]</DEPDOC>
        <RIN>RIN 1625-AB81</RIN>
        <SUBJECT>Vessel Traffic Service Updates, Including Establishment of Vessel Traffic Service Requirements for Port Arthur, TX and Expansion of VTS Special Operating Area in Puget Sound</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard proposes to revise and update the Vessel Traffic Service (VTS) regulations in 33 CFR part 161. The revision would require participation in the VTS in Port Arthur, Texas, which is now voluntary; consolidate and expand a VTS Special Area in Puget Sound, Washington; update the designated frequencies for the Maritime Mobile Service Identifiers (MMSI) for Louisville and Los Angeles/Long Beach; and update the definitions and references in Sailing Plan requirements. The changes made by this proposed rule are intended to align regulations with the current operating procedures of the VTSs affected, with the benefit of creating regulatory efficiency.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Comments and related material must either be submitted to our online docket via<E T="03">http://www.regulations.gov</E>on or before December 10, 2012 or reach the Docket Management Facility by that date.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by docket number USCG-2011-1024 using any one of the following methods:</P>
          <P>(1)<E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>
          </P>
          <P>(2)<E T="03">Fax:</E>202-493-2251.</P>
          <P>(3)<E T="03">Mail:</E>Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.</P>
          <P>(4)<E T="03">Hand delivery:</E>Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.</P>

          <P>To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion of the<E T="02">SUPPLEMENTARY INFORMATION</E>section below for instructions on submitting comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this proposed rule, call or email Lieutenant Commander Patricia Springer, Office of Shore Forces (CG-7413), Coast Guard; telephone 202-372-2576, email<E T="03">Patricia.J.Springer@uscg.mil.</E>If you have questions on viewing or submitting material to the docket, call Ms. 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 Contents for Preamble</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. Public Participation and Request for Comments</FP>
          <FP SOURCE="FP1-2">A. Submitting Comments</FP>
          <FP SOURCE="FP1-2">B. Viewing Comments and Documents</FP>
          <FP SOURCE="FP1-2">C. Privacy Act</FP>
          <FP SOURCE="FP1-2">D. Public Meeting</FP>
          <FP SOURCE="FP-2">II. Abbreviations</FP>
          <FP SOURCE="FP-2">III. Background</FP>
          <FP SOURCE="FP-2">IV. Discussion of Proposed Rule</FP>
          <FP SOURCE="FP1-2">A. § 161.12Vessel Operating Requirements</FP>
          <FP SOURCE="FP1-2">B. § 161.19Sailing Plan</FP>
          <FP SOURCE="FP1-2">C. § 161.55Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region</FP>
          <FP SOURCE="FP1-2">D. § 161.70Vessel Traffic Service Port Arthur</FP>
          <FP SOURCE="FP-2">V. Regulatory Analyses</FP>
          <FP SOURCE="FP1-2">A. Regulatory Planning and Review</FP>
          <FP SOURCE="FP1-2">B. Small Entities</FP>
          <FP SOURCE="FP1-2">C. Assistance for Small Entities</FP>
          <FP SOURCE="FP1-2">D. Collection of Information</FP>
          <FP SOURCE="FP1-2">E. Federalism</FP>
          <FP SOURCE="FP1-2">F. Unfunded Mandates Reform Act</FP>
          <FP SOURCE="FP1-2">G. Taking of Private Property</FP>
          <FP SOURCE="FP1-2">H. Civil Justice Reform</FP>
          <FP SOURCE="FP1-2">I. Protection of Children</FP>
          <FP SOURCE="FP1-2">J. Indian Tribal Governments</FP>
          <FP SOURCE="FP1-2">K. Energy Effects</FP>
          <FP SOURCE="FP1-2">L. Technical Standards</FP>
          <FP SOURCE="FP1-2">M. Environment</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. Public Participation and Request for Comments</HD>

        <P>We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to<E T="03">http://www.regulations.gov</E>and will include any personal information you have provided.</P>
        <HD SOURCE="HD2">A. Submitting Comments</HD>
        <P>If you submit a comment, please include the docket number for this rulemaking (USCG-2011-1024), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
        <P>To submit your comment online, go to<E T="03">http://www.regulations.gov</E>and insert “USCG-2011-1024” in the “Search” box. Click on “Submit a comment” in the “Actions” column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8<FR>1/2</FR>by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope.</P>
        <P>We will consider all comments and material received during the comment period and may change this proposed rule based on your comments.</P>
        <HD SOURCE="HD2">B. Viewing Comments and Documents</HD>

        <P>To view comments, as well as documents mentioned in this preamble as being available in the docket, go to<E T="03">http://www.regulations.gov,</E>insert “USCG-2011-1024” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. If you do not have access to the Internet, you may view the docket by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility.</P>
        <HD SOURCE="HD2">C. Privacy Act</HD>

        <P>Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the<E T="04">Federal Register</E>(73 FR 3316).</P>
        <HD SOURCE="HD2">D. Public Meeting</HD>

        <P>We do not now plan to hold a public meeting. But you may submit a request for one to the docket using one of the<PRTPAGE P="55440"/>methods specified under<E T="02">ADDRESSES</E>. In your request, explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the<E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">II. Abbreviations</HD>
        <EXTRACT>
          <FP SOURCE="FP-1">AISAutomatic Identification System</FP>
          <FP SOURCE="FP-1">CDCCertain Dangerous Cargos</FP>
          <FP SOURCE="FP-1">MMSIMaritime Mobile Service Identifier</FP>
          <FP SOURCE="FP-1">MTSAMaritime Transportation Security Act of 2002</FP>
          <FP SOURCE="FP-1">NDGNational Dialogue Group</FP>
          <FP SOURCE="FP-1">NPRMNotice of Proposed Rulemaking</FP>
          <FP SOURCE="FP-1">PAWSAPort and Waterway Safety Assessment</FP>
          <FP SOURCE="FP-1">PAWSSPort and Waterways Safety System</FP>
          <FP SOURCE="FP-1">PWSAPorts and Waterways Safety Act</FP>
          <FP SOURCE="FP-1">SOLASInternational Convention for the Safety of Life at Sea</FP>
          <FP SOURCE="FP-1">U.S.C.United States Code</FP>
          <FP SOURCE="FP-1">VTMVessel Traffic Management</FP>
          <FP SOURCE="FP-1">VTSVessel Traffic Service</FP>
        </EXTRACT>
        <HD SOURCE="HD1">III. Background</HD>
        <P>In the late 1990s, the Coast Guard convened a national dialogue group (NDG) comprised of maritime and waterway community stakeholders to identify the needs of waterway users with respect to Vessel Traffic Management (VTM) and Vessel Traffic Service (VTS) systems. Those stakeholders, representing port authorities, pilots, environmental conservationists, the Coast Guard, and all major sectors of the U.S. and foreign-flag shipping industry were tasked to identify the information needs of waterway users to help ensure safe passage, assist in establishing a process to identify candidate waterways for VTM improvements and VTS installations, and identify the basic elements of a VTS. The intent of the NDG was to provide the foundation for an approach to VTM that would meet the stakeholders' shared objective of improving vessel traffic safety in U.S. ports and waterways in a technologically sound and cost-effective way.</P>
        <P>The major outcome of the NDG was the development of the Port and Waterways Safety Assessment (PAWSA) process, which the Coast Guard established to open a dialogue with waterway users and port stakeholders to help identify needed VTM improvements and to determine candidate VTS waterways. PAWSA provides a formal structure for identifying risk factors and evaluating potential mitigation measures. The process requires the participation of experienced waterway users having local expertise in navigation, waterway conditions, and port safety. In addition, the Coast Guard includes non-maritime industry stakeholders in the process to ensure that important environmental, public safety, and economic considerations are given appropriate attention as risk-mitigation measures are selected.</P>

        <P>The Coast Guard has conducted 47 PAWSA workshops in U.S. ports since the PAWSA process was developed in 1999, including one in Port Arthur, Texas, on September 21-23, 1999 and one in Lake Charles, Louisiana, on April 25-26, 2000. The Port Arthur, TX and Lake Charles, Louisiana PAWSA reports are publicly available on the NAVCEN Web site at<E T="03">http://www.navcen.uscg.gov/?pageName=pawsaFinalReports</E>and in the docket for this rulemaking (USCG-2011-1024); see the “Viewing Comments and Documents” section of this proposed rule for more information. Based upon the mitigation recommendations contained in these PAWSA reports as well as resource availability and the existence of port infrastructure to support VTS efforts, the Coast Guard determined that Port Arthur, Texas and Lake Charles, Louisiana have a valid need for a Coast Guard-operated VTS.</P>
        <P>As a result of the Port Arthur PAWSA workshop, which determined that a VTS would provide the greatest potential to mitigate risk in the port, the Coast Guard added Port Arthur to the Port and Waterways Safety System (PAWSS) acquisition project. The PAWSS project's goal was to install a computer-based VTM system in VTS ports. The installation of the VTS system in Port Arthur began in 2004 with voluntary operations slated to begin in September 2005. Due to disruptions from Hurricane Rita, VTS Port Arthur provided limited services from September 2005 until February 2006 when the VTS attained full operational capability.</P>
        <P>Although this proposed rule would change VTS Port Arthur from a voluntary system to a system of mandatory compliance for vessels transiting VTS Port Arthur, the Coast Guard does not believe it would alter vessel operations or impose new costs on industry or the Coast Guard. The Coast Guard makes this determination because, under 33 CFR 164.46(3), all vessels which would be affected by changing VTS Port Arthur to a mandatory VTS system are already equipped with Automatic Identification Systems (AIS). Because AIS carriage requirements are the sole cost item for vessels to comply with VTS requirements, have been in force since December 31, 2004, and currently include the VTS Port Arthur area under 33 CFR Table 161.12(c), we have determined that changing VTS Port Arthur to a mandatory VTS should not alter current vessel operations or impose new costs on either the industry or the Coast Guard.</P>
        <P>This proposed rule would also expand the currently voluntary Port Arthur VTS area to include Lake Charles, Louisiana. The 2000 Lake Charles PAWSA study supported the establishment of a VTS in Lake Charles. Coast Guard data pertaining to commercial vessel activities indicate that commercial vessels that transit the proposed expansion area of Lake Charles satisfy the AIS carriage requirements established under 33 CFR 164.46(3). Therefore, the Coast Guard does not believe that expanding Port Arthur VTS to include Lake Charles, LA, would alter current vessel operations or impose new costs on industry or the Coast Guard.</P>
        <P>In addition to making participation in the Port Arthur VTS mandatory, this proposed rule would consolidate and expand the two VTS Special Areas in Puget Sound. A VTS Special Area is defined in 33 CFR 161.2 as “a waterway within a VTS area in which special operating requirements apply.” The Coast Guard institutes a VTS Special Area when geographic or other conditions, such as concentration of vessels or vessels carrying particular hazards, make a portion of the waterway an inherently dangerous navigational area.</P>
        <P>When the federal regulations for vessel traffic systems were first implemented in 1994 (59 FR 36316, July 15, 1994), the Coast Guard instituted two VTS Special Areas within the VTS Puget Sound. These VTS Special Areas serve to avoid having large vessels impeding, meeting, overtaking or crossing with each other's intended track in the constricted waters between the San Juan Islands in Puget Sound.</P>

        <P>In addition to the two existing VTS Special Areas in Puget Sound, special operating requirements have traditionally been issued in the proposed expansion area by VTS Puget Sound due to the relatively restricted nature of these waters. The proposed rule would incorporate into a single consolidated VTS Special Area the waters of the two existing VTS Special Areas and the waters currently covered by these special operating requirements. Because this rule would simply consolidate existing vessel operating procedures within VTS Puget Sound, the Coast Guard does not anticipate that the expansion of this VTS Special Area would alter current vessel operations or impose new regulatory costs on industry. This codification simplifies<PRTPAGE P="55441"/>compliance with these traffic management requirements.</P>
        <P>Finally, this proposed rule would make two minor updates to the VTS regulations. The first change adds Maritime Mobile Service Identifier (MMSI) numbers, which are required for any AIS equipment installation, to the table in 33 CFR 161.12 as a result of the installment of Automatic Identification System (AIS) base stations in the Louisville, KY, VTS Area and Los Angeles/Long Beach Vessel Movement Reporting System area. The second change removes an outdated reference to Dangerous Cargo, and adds an updated reference to Certain Dangerous Cargo in 33 CFR 160.204.</P>
        <HD SOURCE="HD1">IV. Discussion of Proposed Rule</HD>
        <P>This proposed rule would revise regulations in 33 CFR part 161 as follows:</P>
        <HD SOURCE="HD2">A. § 161.12Vessel Operating Requirements</HD>
        <P>We propose to revise Table 161.12(c) in order to include the MMSI information for two ports and to include updated information pertaining to VTS Port Arthur. First, this rulemaking would update the entry for Louisville and Los Angeles/Long Beach by adding each VTS's MMSI to the table. Second, this rulemaking would update the entry for Port Arthur by adding the designated frequencies and updating its monitoring areas. Finally, this rulemaking would change the entry for Port Arthur from “Sabine Traffic” to “Port Arthur Traffic” to more accurately reflect the nature of the VTS and add a note to the table that the third monitoring sector for Port Arthur will have limited services until the Coast Guard has the capability to provide full services. This rulemaking would not make any other changes to table 161.12(c).</P>
        <HD SOURCE="HD2">B. § 161.19Sailing Plan</HD>
        <P>This rulemaking would amend 33 CFR 161.19(f) by changing the reference from “Dangerous Cargo as defined in 33 CFR 160.203” to “Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.” In 2003, 33 CFR Subpart C was revised and the definitions were moved from 33 CFR 160.203 to 33 CFR 160.204 (68 FR 9544, February 28, 2003). This rulemaking would also remove the references to § 160.211 and § 160.213 because these sections no longer exist in the CFR. These are administrative changes with no cost impact.</P>
        <HD SOURCE="HD2">C. § 161.55Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region</HD>
        <P>This rulemaking would modify 33 CFR 161.55 by consolidating the two existing VTS Special Areas that are located within the Vessel Traffic Service Puget Sound Area. In addition to consolidating two VTS Special Areas into one, this rulemaking would expand the consolidated VTS Special Area to encompass an additional area of navigational concern that has traditionally been subject to special operating requirements. The existing VTS Special Areas include the waters of Rosario Strait and Guemes Channel. The consolidated VTS Special Area would be slightly expanded to add the nearby waters of Bellingham Bay, western Padilla Bay and the Saddlebag route that is located east of Guemes Island, in the vicinity of Vendovi Island. This single consolidated VTS Special Area would promote maritime safety by applying the VTS Special Operating requirements of 33 CFR 161.13 to certain classes of vessels, defined in 33 CFR 161.16 and 161.55, while transiting the VTS Special Area and by prohibiting those classes of vessels from impeding, meeting, overtaking, crossing, or operating within 2,000 yards of each other (except when crossing astern) while transiting within this VTS Special Area. This proposed rulemaking is in line with current practice and should not result in changes to scheduling, queueing or transit times. Additionally, this proposed rulemaking would make permanent the special operating requirements that VTS Puget Sound has imposed within these areas since the original rules in 33 CFR 161.55 were established in 1994.</P>
        <HD SOURCE="HD2">D. § 161.70Vessel Traffic Service Port Arthur</HD>
        <P>We propose to add a new section that describes the Port Arthur Vessel Traffic Service area. The VTS area consists of the navigable waters south of 30°10′ N, east of 94°20′ W, west of 93°22′ W, and, north of 29°10′ N. This proposed change would establish mandatory participation in the VTS for all applicable vessels.</P>
        <HD SOURCE="HD1">VI. Regulatory Analyses</HD>
        <P>We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on several of these statutes or executive orders.</P>
        <HD SOURCE="HD2">A. Regulatory Planning and Review</HD>
        <P>Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This notice of proposed rulemaking (NPRM) has not been designated a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget.</P>
        <P>A draft Regulatory Assessment follows:</P>
        <P>This proposed rule would establish mandatory participation for the VTS area in Port Arthur, Texas and would consolidate and expand the VTS Special Areas in the Puget Sound Area to include Bellingham Channel, western Padilla Bay and the Saddlebag route east of Guemes Island.</P>
        <P>The VTS system in Port Arthur was installed in 2004 and became fully operational in February 2006. Currently Port Arthur operates as a voluntary system. The proposed rule would make participation in the VTS mandatory for all vessels that are required to carry AIS equipment.</P>

        <P>In 2003, the Coast Guard published a final rule (68 FR 60569, October 22, 2003) that harmonized the AIS carriage and standardization requirements contained in MTSA with the requirements of SOLAS. That prior rule established AIS carriage requirements for commercial vessels (33 CFR 164.46). As a result of this prior regulation, all U.S.-flagged commercial vessels that are required to carry AIS equipment for operation in the VTS under this rule have been in compliance since 2004. Similarly, foreign-flagged vessels have been required to carry AIS equipment under the SOLAS Convention since 2004. Because AIS carriage is required by regulation under 33 CFR 164.46 for commercial vessels, including those vessels that would be affected by this rule, we expect that there would not be additional costs to either industry or government resulting from this rule. A list of the categories of commercial vessels and the dates of compliance for AIS carriage are shown in Table 1.<PRTPAGE P="55442"/>
        </P>
        <GPOTABLE CDEF="s100,r35,xs80" COLS="3" OPTS="L2,i1">
          <TTITLE>Table 1—Commercial Vessels: AIS Carriage Requirements</TTITLE>
          <BOXHD>
            <CHED H="1">Class of vessel</CHED>
            <CHED H="1">AIS currently required</CHED>
            <CHED H="1">Compliance date</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Self-propelled vessels 65 feet or more in length in commercial service and on an international voyage (excludes passenger and fishing vessels)</ENT>
            <ENT>Yes</ENT>
            <ENT>December 31, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Passenger vessels of 150 gross tons or more on an international voyage</ENT>
            <ENT>Yes</ENT>
            <ENT>July 1, 2003.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tankers on international voyages, regardless of tonnage</ENT>
            <ENT>Yes</ENT>
            <ENT>July 1, 2003.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Vessels of 50,000 gross tons or more, other than tankers or passenger ships, on international voyages</ENT>
            <ENT>Yes</ENT>
            <ENT>July 1, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Vessels of 300 gross tons or more but less than 50,000 gross tons, other than tankers or passenger ships</ENT>
            <ENT>Yes</ENT>
            <ENT>December 31, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Self-propelled vessels of 65 feet or more in length in commercial service (excludes fishing vessels and passenger vessels certificated to carry less than 151 passengers for hire)</ENT>
            <ENT>Yes, when operating in a VTS or VMRS</ENT>
            <ENT>December 31, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Towing vessels 26 feet or more in length and more than 600 horsepower in commercial service</ENT>
            <ENT>Yes, when operating in a VTS or VMRS</ENT>
            <ENT>December 31, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Passenger vessels certificated to carry more than 150 passengers for hire</ENT>
            <ENT>Yes, when operating in a VTS or VMRS</ENT>
            <ENT>December 31, 2004.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fishing vessels</ENT>
            <ENT>No</ENT>
          </ROW>
        </GPOTABLE>
        <P>The principal benefits of changing VTS participation from voluntary to mandatory would be to codify current practices and to provide VTS Port Arthur with full VTS authorities to direct and manage traffic in order to better prevent maritime accidents.</P>
        <P>The proposed rule would also consolidate and slightly expand the current VTS Special Area in the VTS Puget Sound area. This requirement expands the zone in which entry into and movement within the special area is controlled by the VTS. These controls, designed principally for collision avoidance, are expected to expedite traffic movement within the special area. The VTS has put operating conditions in place in the proposed consolidated VTS Special Area since the VTS national regulations were established in 1994. The proposed rule would align the regulations with current practices already in place in the consolidated VTS Special Area and would not result in additional requirements placed upon vessels.</P>
        <P>Due to the constricted waters within the San Juan Islands, special operating requirements have been instituted since the National VTS Regulations were first implemented in 1994 to avoid the risk of large vessels meeting, overtaking or crossing in this inherently dangerous navigational area. Vessel Traffic Service Puget Sound has consistently issued measures or directions to enhance navigation and vessel safety by imposing special operating requirements for vessels operating in Bellingham Channel, western Padilla Bay, and the Saddlebag route east of Guemes Island and in the vicinity of Vendovi Island due to the comparable restricted nature of these waters. Therefore, it is not anticipated that the expansion of this VTS Special Area would alter vessel operations.</P>
        <P>Other minor administrative changes include updating the MMSI for Louisville and Los Angeles/Long Beach in Table 33 CFR 161.12(c). The proposed rule would amend 33 CFR 161.19(f) by changing the reference from “Dangerous Cargo as defined in 33 CFR 160.203” to “Certain Dangerous Cargo (CDC) as defined in 33 CFR 160.204.” This rulemaking would also remove the references to § 160.211 and § 160.213 because these sections no longer exist in the CFR. We expect these administrative changes to result in no additional costs to the public or industry.</P>
        <HD SOURCE="HD2">B. Small Entities</HD>
        <P>Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.</P>
        <P>As previously discussed, the AIS carriage requirements were implemented by a prior regulation in 33 CFR 164.46, and all vessels which would be required to participate in the VTS are currently equipped to follow the regulations of their individual VTS areas. In addition, the consolidation and slight expansion of the VTS Special Area in Puget Sound merely codifies current operational practices, and would result in no additional equipment requirements. As a result, we expect that this proposed rule would not impose additional costs on vessel owners and operators transiting within either the Port Arthur or Puget Sound VTS areas.</P>

        <P>Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under<E T="02">ADDRESSES</E>. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it.</P>
        <HD SOURCE="HD2">C. 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 proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or gov-ern-men-tal jurisdiction and you have questions concerning its provisions or options for compliance, please consult LCDR Patricia Springer at 202-372-2576, email<E T="03">Patricia.J.Springer@uscg.mil</E>. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>

        <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<PRTPAGE P="55443"/>wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).</P>
        <HD SOURCE="HD2">D. Collection of Information</HD>
        <P>This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Vessels affected by this rule would already be covered under OMB collection of information 1625-0112.</P>
        <HD SOURCE="HD2">E. 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.</P>
        <P>We have analyzed this proposed rule under that Order and have determined that it has implications for federalism. A summary of the impact of federalism in this rule follows.</P>

        <P>Title I of the Ports and Waterways Safety Act (PWSA) (33 U.S.C. 1221<E T="03">et. seq.</E>) authorizes the Secretary to issue regulations to establish and maintain vessel traffic services consisting of measures for controlling or supervising vessel traffic to protect the marine environment. In enacting the PWSA in 1972, Congress declared that advance planning and consultation with the affected States and other stakeholders is necessary when developing measures for the control or supervision of vessel traffic or for protecting navigation or the marine environment. Throughout the development of each of the subject VTSs the Coast Guard has consulted with the pertinent state and/or local government entities as well as the affected pilot's associations, vessel operators, VTS users, and all affected stakeholders. This interaction is more fully described elsewhere in this document.</P>

        <P>The Coast Guard has determined, after considering the factors developed by the Supreme Court in the consolidated cases of<E T="03">United States</E>v.<E T="03">Locke</E>and<E T="03">Intertanko</E>v.<E T="03">Locke,</E>529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000), that by enacting Chapter 25 of the Ports and Waterways Safety Act, Congress intended to preempt the field of vessel traffic services in United States ports and waterways. Therefore, the regulations proposed in this rulemaking have preemptive impact over any State laws or regulations that may be enacted on the same subject matter. The preemptive impact of this rule is codified in 33 CFR 161.6.</P>
        <P>While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessel's obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, Sections 4 and 6 of Executive Order 13132 require that for any rules with preemptive effect, the Coast Guard will provide elected officials of affected State and local governments and their representative national organizations, notice and opportunity for appropriate participation in any rulemaking proceedings, and to consult with such officials early in the rulemaking process.</P>
        <P>Therefore, the Coast Guard invites affected State and local governments and their representative national organizations to indicate their desire for participation and consultation in this rulemaking process by submitting comments to this NPRM. In accordance with Executive Order 13132, the Coast Guard will provide a federalism impact statement to document: (1) The extent of the Coast Guard's consultation with State and local officials who submit comments to this proposed rule; (2) a summary of the nature of any concerns raised by State or local governments and the Coast Guard's position thereon; and (3) a statement of the extent to which the concerns of State and local officials have been met. We will also report to the Office of Management and Budget any written communications with the States.</P>
        <HD SOURCE="HD2">F. Unfunded Mandates Reform Act</HD>
        <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
        <HD SOURCE="HD2">G. Taking of Private Property</HD>
        <P>This proposed rule would 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">H. Civil Justice Reform</HD>
        <P>This proposed 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">I. Protection of Children</HD>
        <P>We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.</P>
        <HD SOURCE="HD2">J. Indian Tribal Governments</HD>
        <P>This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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">K. Energy Effects</HD>
        <P>We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.</P>
        <HD SOURCE="HD2">L. Technical Standards</HD>
        <P>The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.</P>
        <P>This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.</P>
        <HD SOURCE="HD2">M. Environment</HD>

        <P>We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01<PRTPAGE P="55444"/>and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under the “Public Participation and Request for Comments” section of this preamble. This rule is categorically excluded under section 2.B.2., figure 2-1, paragraphs 34(a) and (i) of the Instruction. This rule involves administrative changes, changing regulations in aid of navigation, and updating vessel traffic services. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 161</HD>
          <P>Harbors, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 161 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 161—VESSEL TRAFFIC MANAGEMENT</HD>
          <P>1. The authority citation for part 161 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.</P>
          </AUTH>
          
          <P>2. In § 161.12, revise Table 161.12(c) to read as follows:</P>
          <SECTION>
            <SECTNO>§ 161.12</SECTNO>
            <SUBJECT>Vessel operating requirements.</SUBJECT>
            <STARS/>
            <GPOTABLE CDEF="s50,r50,r150" COLS="3" OPTS="L2,i1">
              <TTITLE>Table 161.12(<E T="01">c</E>)—VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas</TTITLE>
              <BOXHD>
                <CHED H="1">Center MMSI<SU>1</SU>call sign</CHED>
                <CHED H="1">Designated frequency (channel designation)—<LI>purpose<SU>2</SU>
                  </LI>
                </CHED>
                <CHED H="1">Monitoring area<SU>3,4</SU>
                </CHED>
              </BOXHD>
              <ROW>
                <ENT I="22">Berwick Bay—003669950:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Berwick Traffic</E>
                </ENT>
                <ENT>156.550 MHz (Ch. 11)</ENT>
                <ENT>The waters south of 29°45′ N., west of 91°10′ W., north of 29°37′ N., and east of 91°18′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Buzzards Bay:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Buzzards Bay Control</E>
                  <SU>5</SU>
                </ENT>
                <ENT>156.600 MHz (Ch. 12)</ENT>
                <ENT>The waters east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°27.2′ N., longitude 70°11.7′ W., to the Buzzards Bay Entrance Light in approximate position latitude 41°23.5′ N., longitude 71°02.0′ W., and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°24.6′ N., longitude 70°57.0′ W., and including all of the Cape Cod Canal to its eastern entrance, except that the area of New Bedford harbor within the confines (north of) the hurricane barrier, and the passages through the Elizabeth Islands, is not considered to be “Buzzards Bay”.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Houston-Galveston—003669954</ENT>
                <ENT/>
                <ENT>The navigable waters north of 29° N., west of 94°20′ W., south of 29°49′ N., and east of 95°20′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Houston Traffic</E>
                </ENT>
                <ENT>156.550 MHz (Ch. 11)<LI O="xl">156.250 MHz (Ch. 5A)</LI>
                  <LI O="oi3" O1="xl">—For Sailing Plans only</LI>
                </ENT>
                <ENT>The navigable waters north of a line extending due west from the southernmost end of Exxon Dock #1 (20°43.37′ N., 95°01.27′ W.).</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Houston Traffic</E>
                </ENT>
                <ENT>156.600 MHz (Ch. 12)<LI O="xl">156.250 MHz (Ch. 5A)</LI>
                  <LI O="oi3" O1="xl">—For Sailing Plans only</LI>
                </ENT>
                <ENT>The navigable waters south of a line extending due west from the southernmost end of Exxon Dock #1 (29°43.37′ N., 95°01.27′ W.).</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Los Angeles-Long Beach—03660465:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">San Pedro Traffic</E>
                </ENT>
                <ENT>156.700 MHz (Ch. 14)</ENT>
                <ENT>
                  <E T="03">Vessel Movement Reporting System Area:</E>The navigable waters within a 25 nautical mile radius of Point Fermin Light (33°42.3′ N., 118°17.6′ W.).</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Louisville—003669732:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Louisville Traffic</E>
                </ENT>
                <ENT>156.650 MHz (Ch. 13)</ENT>
                <ENT>The waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Lower Mississippi River—0036699952:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">New Orleans Traffic</E>
                </ENT>
                <ENT>156.550 MHz (Ch. 11)</ENT>
                <ENT>The navigable waters of the Lower Mississippi River below 29°55.3′ N., 089°55.6′ W. (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down river to Southwest Pass, and, within a 12 nautical mile radius around 28°54.3′ N. 089°25.7′ W. (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">New Orleans Traffic</E>
                </ENT>
                <ENT>156.600 MHz (Ch.12)</ENT>
                <ENT>The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicular on the river at 29°55′30″ N., and 090°12′46″ W. (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.3′ N. 089°55.6′ W. (Saxonholm Light) at 86.0 miles AHP.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">New Orleans Traffic</E>
                </ENT>
                <ENT>156.250 MHz (Ch. 05A)</ENT>
                <ENT>The navigable waters of the Lower Mississippi River below 30°38.7′ N. 091°17.5′ W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55′30″ N., and 090°12′46″ W., (Upper Twelve Mile Point) at 109.0 miles AHP.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">New York—003669951:</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="55445"/>
                <ENT I="03">
                  <E T="03">New York Traffic</E>
                </ENT>
                <ENT>156.550 MHz (Ch. 11)<LI O="oi3" O1="xl">—For Sailing Plans only</LI>
                  <LI>156.600 MHz (Ch. 12)</LI>
                  <LI O="oi3" O1="xl">—For vessels at anchor</LI>
                </ENT>
                <ENT>The area consists of the navigable waters of the Lower New York Bay bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west in the Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.9′ N.; and then east including the waters of the Kill Van Kull and the Upper New York Bay north to a line drawn east-west from the Holland Tunnel ventilator shaft at latitude 40°43.7′ N., longitude 74°01.6′ W., in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">New York Traffic</E>
                </ENT>
                <ENT>156.700 MHz (Ch. 14)</ENT>
                <ENT>The navigable waters of the Lower New York Bay west of a line drawn from Norton Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west into the waters of Raritan Bay East Reach to a line drawn from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort PT, NJ; then north including the waters of the Upper New York Bay south of 40°42.40′ N. (Brooklyn Bridge) and 40°43.70′ N. (Holland Tunnel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40°38.25′ N. (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40°41.95′ N. (Lehigh Valley Draw Bridge).</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">New York Traffic</E>
                </ENT>
                <ENT>156.600 MHz (Ch. 12)</ENT>
                <ENT>The navigable waters of the Raritan Bay south to a line drawn at latitude 40°26′ N.; then west of a line drawn from Great Kills Light south through the Raritan Bay East Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge; and north including the waters of the Arthur Kill to 40°28.25′ N. (Arthur Kill Railroad Bridge); including the waters of the East River north of 40°42.40′ N. (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Port Arthur—003669955:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Port Arthur Traffic</E>
                </ENT>
                <ENT>156.050 MHz (Ch. 01A)</ENT>
                <ENT>The navigable waters of the Sabine-Neches Canal south of 29°52.7′ N.; Port Arthur Canal; Sabine Pass Channel; Sabine Bank Channel; Sabine Outer Bar Channel; the offshore safety fairway; and the ICW from High Island to its intersection with the Sabine-Neches Canal.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Port Arthur Traffic</E>
                </ENT>
                <ENT>156.275 MHz (Ch. 65A)</ENT>
                <ENT>The navigable waters of the Neches River; Sabine River; and Sabine-Neches Waterway north of 29°52.7′ N.; and the ICW from its intersection with the Sabine River to MM 260.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Port Arthur Traffic</E>
                </ENT>
                <ENT>156.675 MHz (Ch. 73)<SU>6</SU>
                </ENT>
                <ENT>The navigable waters of the Calcasieu Channel; Calcasieu River Channel; and the ICW from MM 260 to MM 191.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Prince William Sound—003669958:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Valdez Traffic</E>
                </ENT>
                <ENT>156.650 MHz (CH. 13)</ENT>
                <ENT>The navigable waters south of 61°05′ N., east of 147°20′ W., north of 60° N., and west of 146°30′ W.; and, all navigable waters in Port Valdez.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">Puget Sound:<SU>7</SU>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Seattle Traffic</E>—003669957</ENT>
                <ENT>156.700 MHz (Ch. 14)</ENT>
                <ENT>The waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Seattle Traffic</E>—003669957</ENT>
                <ENT>156.250 MHz (Ch. 5A)</ENT>
                <ENT>The waters of the Strait of Juan de Fuca east of 124°40′ W. excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′ W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Tofino Traffic</E>—003160012</ENT>
                <ENT>156.725 MHz (Ch. 74)</ENT>
                <ENT>The waters west of 124°40′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48° N., and east of 127° W.</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Victoria Traffic</E>—003160010</ENT>
                <ENT>156.550 MHz (Ch. 11)</ENT>
                <ENT>The waters of the Strait of Georgia west of 122°52′ W., the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">San Francisco—003669956:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">San Francisco Traffic</E>
                </ENT>
                <ENT>156.700 MHz (Ch. 14)</ENT>
                <ENT>The navigable waters of the San Francisco Offshore Precautionary Area, the navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0′ W. and north of 37°40.0′ N. extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="55446"/>
                <ENT I="03">
                  <E T="03">San Francisco Traffic</E>
                </ENT>
                <ENT>156.600 MHz (Ch. 12)</ENT>
                <ENT>The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.) west of 122°42.0′ W. and south of 37°40.0′ N. and excluding the San Francisco Offshore Precautionary Area.</ENT>
              </ROW>
              <ROW>
                <ENT I="22">St. Marys River—003669953:</ENT>
              </ROW>
              <ROW>
                <ENT I="03">
                  <E T="03">Soo Traffic</E>
                </ENT>
                <ENT>156.600 MHz (Ch. 12)</ENT>
                <ENT>The waters of the St. Marys River between 45°57′ N. (De Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′ N. and 46°01.57′ N. (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay).</ENT>
              </ROW>
              <TNOTE>
                <E T="02">Notes:</E>
              </TNOTE>
              <TNOTE>
                <SU>1</SU>Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in §§ 161.21 and 164.46 of this subchapter. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number.</TNOTE>
              <TNOTE>
                <SU>2</SU>In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13) is used in certain monitoring areas where the level of reporting does not warrant a designated frequency.</TNOTE>
              <TNOTE>
                <SU>3</SU>All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).</TNOTE>
              <TNOTE>
                <SU>4</SU>Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148.</TNOTE>
              <TNOTE>
                <SU>5</SU>In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter.</TNOTE>
              <TNOTE>
                <SU>6</SU>Until otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS frequency to request advisories, but are not required to monitor the VTS frequency in this sector.</TNOTE>
              <TNOTE>
                <SU>7</SU>A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies.</TNOTE>
            </GPOTABLE>
            <STARS/>
            <P>3. In § 161.19, revise paragraph (f) to read as follows:</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 161.19</SECTNO>
            <SUBJECT>Sailing Plan (SP).</SUBJECT>
            <STARS/>
            <P>(f) Certain dangerous cargo on board or in its tow, as defined in § 160.204 of this chapter.</P>
            <P>4. In § 161.55, revise paragraph (b) and paragraph (c) introductory text to read as follows:</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 161.55</SECTNO>
            <SUBJECT>Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region.</SUBJECT>
            <STARS/>
            <P>(b) VTS Special Area: The Eastern San Juan Island Archipelago VTS Special Area consists of all waters of the eastern San Juan Island Archipelago including: Rosario Strait bounded to the south by latitude 48°26′24″ N. (the center of the Precautionary Area “RB”) extending from Lopez Island to Fidalgo Island, and to the north by latitude 48°40′34″ N. (the center of the Precautionary Area “C”) extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of latitude 48°38′25″ N.</P>
            <NOTE>
              <HD SOURCE="HED">Note:</HD>
              <P>The center of precautionary area “R.B.” is not marked by a buoy. All precautionary areas are depicted on National Oceanic and Atmospheric Administration (NOAA) nautical charts.</P>
            </NOTE>
            <P>(c) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Eastern San Juan Island Archipelago VTS Special Area:</P>
            <STARS/>
            <P>5. Add § 161.70 to read as follows:</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 161.70</SECTNO>
            <SUBJECT>Vessel Traffic Service Port Arthur.</SUBJECT>
            <P>(a) The VTS area consists of the navigable waters of the U.S. to the limits of the territorial seas bound by the following points: 30°10′ N. 92°37′ W., then south to 29°10′ N. 92°37′ W., then west to 29°10 N. 93°52′15″ W., then northwest to 29°33′42″ N. 94°21′15″ W., then north to 30°10′ N. 94°21′15″ W. then east along the 30°10′ E. latitude to the origination point.</P>
            <NOTE>
              <HD SOURCE="HED">Note:</HD>
              <P>Although mandatory participation in VTS Port Arthur is limited to the area within the navigable waters of the United States, prospective users are encouraged to report at the safe water marks in order to facilitate vessel traffic management in the VTS Area and to receive advisories or navigational assistance.</P>
            </NOTE>
            <P>(b) Precautionary areas.</P>
            <GPOTABLE CDEF="s50,12,r60,r60" COLS="4" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">b</E>)—VTS Port Arthur Precautionary Areas</TTITLE>
              <BOXHD>
                <CHED H="1">Precautionary area name</CHED>
                <CHED H="1">Radius</CHED>
                <CHED H="1">Center point<LI>latitude</LI>
                </CHED>
                <CHED H="1">Center point<LI>longitude</LI>
                </CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">Petco Bend<SU>1</SU>
                </ENT>
                <ENT>2,000</ENT>
                <ENT>30°00.80′ N.</ENT>
                <ENT>093°57.60′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Black Bayou<SU>1</SU>
                </ENT>
                <ENT>2,000</ENT>
                <ENT>30°00.00′ N.</ENT>
                <ENT>093°46.20′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Orange Cut<SU>1</SU>
                </ENT>
                <ENT>2,000</ENT>
                <ENT>30°03.25′ N.</ENT>
                <ENT>093°43.20′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Neches River Intersection<SU>1</SU>
                </ENT>
                <ENT>2,000</ENT>
                <ENT>29°58.10′ N.</ENT>
                <ENT>093°51.25′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Texaco Island Intersection<SU>1</SU>
                </ENT>
                <ENT>2,000</ENT>
                <ENT>29°49.40′ N.</ENT>
                <ENT>094°57.55′ W.</ENT>
              </ROW>
              <ROW>
                <PRTPAGE P="55447"/>
                <ENT I="01">Sabine-Neches Waterway</ENT>
                <ENT>N/A</ENT>
                <ENT A="01">All waters of the Sabine-Neches Waterway between the Texaco Island Precautionary Area and the Humble Island Precautionary Area.</ENT>
              </ROW>
              <TNOTE>
                <SU>1</SU>Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway.</TNOTE>
            </GPOTABLE>
            <P>(c) Reporting points (Inbound).</P>
            <GPOTABLE CDEF="xs40,r50,r50,xl50,xs50" COLS="5" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">c</E>)—Inbound</TTITLE>
              <BOXHD>
                <CHED H="1">Designator</CHED>
                <CHED H="1">Geographic name</CHED>
                <CHED H="1">Geographic description</CHED>
                <CHED H="1">Latitude/Longitude</CHED>
                <CHED H="1">Notes</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>Sabine Bank Channel “SB” Buoy</ENT>
                <ENT>Sabine Bank Sea Buoy</ENT>
                <ENT>29°25.00′ N., 093°40.00′ W.</ENT>
                <ENT>Sailing Plan Report.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>Sabine Pass Buoys “29/30”</ENT>
                <ENT>Sabine Pass Buoys “29/30”</ENT>
                <ENT>29°35.90′ N., 093°48.20′ W.</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">3</ENT>
                <ENT>Port Arthur Canal Light “43”</ENT>
                <ENT>Keith Lake</ENT>
                <ENT>29°46.50′ N., 093°56.47′ W.</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">4</ENT>
                <ENT>North Forty GIWW Mile 279</ENT>
                <ENT>North Forty</ENT>
                <ENT>29°56.40′ N., 093°52.10′ W.</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">5</ENT>
                <ENT>FINA Highline Neches River Light “19”</ENT>
                <ENT>FINA Highline</ENT>
                <ENT>29°59.10′ N., 093°54.30′ W.</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">6</ENT>
                <ENT>Ready Reserve Fleet Highline</ENT>
                <ENT>Channel at Cove Mid-Point</ENT>
                <ENT>30°00.80′ N., 093°59.90′ W.</ENT>
                <ENT/>
              </ROW>
              <ROW>
                <ENT I="01">7</ENT>
                <ENT>Sabine River MM 268</ENT>
                <ENT>268 Highline</ENT>
                <ENT>30°02.20′ N., 093°44.30′ W.</ENT>
                <ENT/>
              </ROW>
            </GPOTABLE>
            <P>(d) Reporting points (Outbound).</P>
            <GPOTABLE CDEF="xs40,r50,r50,xl50,xs50" COLS="5" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">d</E>)—Outbound</TTITLE>
              <BOXHD>
                <CHED H="1">Designator</CHED>
                <CHED H="1">Geographic name</CHED>
                <CHED H="1">Geographic description</CHED>
                <CHED H="1">Latitude/Longitude</CHED>
                <CHED H="1">Notes</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>Sabine River Light “2”</ENT>
                <ENT>Black Bayou</ENT>
                <ENT>30°00.00′ N., 093°46.25′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>Ready Reserve Fleet Highline</ENT>
                <ENT>Channel at Cove Mid-Point</ENT>
                <ENT>30°00.80′ N., 093°59.90′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">3</ENT>
                <ENT>FINA Highline Neches River Light “19”</ENT>
                <ENT>FINA Highline</ENT>
                <ENT>29°59.09′ N., 093°54.30′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">4</ENT>
                <ENT>GIWW Mile 285</ENT>
                <ENT>The School House</ENT>
                <ENT>29°52.70′ N., 093°55.55′ W.</ENT>
                <ENT>
                  <E T="03">Sector Shift</E>.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">5</ENT>
                <ENT>Port Arthur Canal Light “43”</ENT>
                <ENT>Keith Lake</ENT>
                <ENT>29°46.50′ N., 093°56.47′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">6</ENT>
                <ENT>Sabine Pass Buoys “29/30”</ENT>
                <ENT>Sabine Pass Buoys “29/30”</ENT>
                <ENT>29°35.90′ N., 093°48.20′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">7</ENT>
                <ENT>Sabine Bank Channel “SB” Buoy</ENT>
                <ENT>Sabine Bank Sea Buoy</ENT>
                <ENT>29°25.00′ N., 093°40.00′ W.</ENT>
                <ENT>Final Report.</ENT>
              </ROW>
            </GPOTABLE>
            <P>(e) Reporting points (Eastbound).</P>
            <GPOTABLE CDEF="xs40,r50,r50,xl50,xs50" COLS="5" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">e</E>)—Eastbound (ICW)</TTITLE>
              <BOXHD>
                <CHED H="1">Designator</CHED>
                <CHED H="1">Geographic name</CHED>
                <CHED H="1">Geographic description</CHED>
                <CHED H="1">Latitude/Longitude</CHED>
                <CHED H="1">Notes</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>GIWW Mile 295</ENT>
                <ENT>ICW MM 295</ENT>
                <ENT>29°47.25′ N., 094°01.10′ W.</ENT>
                <ENT>Sailing Plan Report.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>North Forty GIWW Mile 279</ENT>
                <ENT>North Forty</ENT>
                <ENT>29°56.40′ N., 093°52.10′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">3</ENT>
                <ENT>Sabine River MM 268</ENT>
                <ENT>268 Highline</ENT>
                <ENT>30°02.20′ N., 093°44.30′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">4</ENT>
                <ENT>GIWW Mile 260</ENT>
                <ENT>260 Highline</ENT>
                <ENT>30°03.50′ N., 093°37.50′ W.</ENT>
                <ENT>Final Report.</ENT>
              </ROW>
            </GPOTABLE>
            <P>(f) Reporting points (Westbound).</P>
            <GPOTABLE CDEF="xs40,r50,r50,xl50,xs50" COLS="5" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">f</E>)—Westbound (ICW)</TTITLE>
              <BOXHD>
                <CHED H="1">Designator</CHED>
                <CHED H="1">Geographic name</CHED>
                <CHED H="1">Geographic description</CHED>
                <CHED H="1">Latitude/Longitude</CHED>
                <CHED H="1">Notes</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>GIWW Mile 260</ENT>
                <ENT>260 Highline</ENT>
                <ENT>30°03.50′ N., 093°37.50′ W.</ENT>
                <ENT>Sailing Plan Report.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>Sabine River Light “2”</ENT>
                <ENT>Black Bayou</ENT>
                <ENT>30°00.03′ N., 093°46.18′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">3</ENT>
                <ENT>GIWW Mile 285</ENT>
                <ENT>The School House</ENT>
                <ENT>29°52.71′ N., 093°55.55′ W.</ENT>
                <ENT>
                  <E T="03">Sector Shift</E>.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">4</ENT>
                <ENT>GIWW Mile 295</ENT>
                <ENT>ICW MM 295</ENT>
                <ENT>29°46.20′ N., 094°02.60′ W.</ENT>
                <ENT>Final Report.</ENT>
              </ROW>
            </GPOTABLE>
            <P>(g) Reporting points (Offshore Safety Fairway).<PRTPAGE P="55448"/>
            </P>
            <GPOTABLE CDEF="xs40,r50,r50,xl50,xs50" COLS="5" OPTS="L2,i1">
              <TTITLE>Table 161.70(<E T="01">g</E>)—Offshore Safety Fairway</TTITLE>
              <BOXHD>
                <CHED H="1">Designator</CHED>
                <CHED H="1">Geographic name</CHED>
                <CHED H="1">Geographic description</CHED>
                <CHED H="1">Latitude/Longitude</CHED>
                <CHED H="1">Notes</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1</ENT>
                <ENT>Sabine Pass Safety Fairway—East</ENT>
                <ENT>East Dogleg</ENT>
                <ENT>29°35.00′ N., 093°28.00′ W.</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2</ENT>
                <ENT>Sabine Pass Safety Fairway—West</ENT>
                <ENT>West Dogleg</ENT>
                <ENT>29°28.00′ N., 093°58.00′ W.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
          <SIG>
            <DATED>Dated: September 4, 2012.</DATED>
            <NAME>Mark E. Butt,</NAME>
            <TITLE>Rear Admiral, U.S. Coast Guard, Assistant Commandant for Capability.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22164 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 622</CFR>
        <DEPDOC>[Docket No. 120718253-2367-01]</DEPDOC>
        <RIN>RIN 0648-BC30</RIN>
        <SUBJECT>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Transferability of Black Sea Bass Pot Endorsements</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 regulations to implement a revision of a disapproved action from Amendment 18A (the Resubmittal) to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18A), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this rule would allow black sea bass pot endorsements to be transferred under specific conditions. The intent of this rule is to implement the transferability action originally submitted in Amendment 18A, as clarified in the Resubmittal.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be received on or before September 25, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments on the proposed rule identified by “NOAA-NMFS-2012-0128” by any of the following methods:</P>
          <P>•<E T="03">Electronic Submissions:</E>Submit electronic comments via the Federal e-Rulemaking Portal:<E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>•<E T="03">Mail:</E>Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.</P>
          <P>
            <E T="03">Instructions:</E>All comments received are a part of the public record and will generally be posted to<E T="03">http://www.regulations.gov</E>without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.</P>

          <P>To submit comments through the Federal e-Rulemaking Portal:<E T="03">http://www.regulations.gov,</E>enter “NOAA-NMFS-2012-0128” in the search field and click on “search”. After you located the proposed rule, click on “Submit a Comment” link in that row. This will display the comment web form. You can enter your submitter information (unless you prefer to remain anonymous), and type your comment on the web form. You can also attach additional files (up to 10MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.</P>
          <P>Comments received through means not specified in this rule will not be considered.</P>

          <P>For further assistance with submitting a comment, see the “Commenting” section at<E T="03">http://www.regulations.gov/#!faqs</E>or the Help section at<E T="03">http://www.regulations.gov.</E>
          </P>

          <P>Electronic copies of Amendment 18A and the Resubmittal may be obtained from the Southeast Regional Office Web site at<E T="03">http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.</E>Amendment 18A includes an Environmental Impact Statement (EIS), an Initial Regulatory Flexibility Act Analysis (IRFA), a Regulatory Impact Review, and a Fishery Impact Statement. The Resubmittal includes a RIR and a FIS.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kate Michie, 727-824-5305.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The snapper-grouper fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR Part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).</P>
        <HD SOURCE="HD1">Background</HD>
        <P>Amendment 18A, implemented through final rulemaking on July 1, 2012, (77 FR 32408, June 1, 2012), includes a provision to limit participation in the black sea bass pot segment of the snapper-grouper fishery through the establishment of an endorsement program. In order to qualify for a black sea bass pot endorsement, an entity must have held a valid South Atlantic snapper-grouper unlimited permit on the effective date of the final rule implementing Amendment 18A (or July 1, 2012). In addition to this requirement, qualifying permit holders must have had average annual black sea bass landings of at least 2,500 lb (1,134 kg), round weight, using black sea bass pot gear between January 1, 1999 and December 31, 2010. Those permit holders with no reported commercial landings of black sea bass using black sea bass pot gear between January 1, 2008, and December 31, 2010, did not qualify for an endorsement. The number of South Atlantic snapper-grouper unlimited permit holders that meet these criteria as of September 10, 2012 is 32, and more endorsements could be issued after the appeals process finalizes. Only those vessels associated with a valid endorsement can legally fish for black sea bass in the South Atlantic using black sea bass pot gear.</P>

        <P>Amendment 18A also contained an action to allow for the transfer of black sea bass pot endorsements. However, NMFS disapproved this action because Amendment 18A and the supporting EIS incorrectly described the preferred alternative as allowing transfer of landings history without transfer of the permit. However, the following analysis of alternatives applied a correct understanding of what the preferred alternative was, i.e. that landings history would not be transferred independently of the permit. Therefore, NMFS disapproved that measure, and the Council revised and resubmitted the action addressing transferability of black sea bass pot endorsements in an amendment (the Resubmittal). All reasonable alternatives for the transferability action were correctly characterized in the supporting analysis in Amendment 18A pursuant to the National Environmental Policy Act, including biological, economic, social,<PRTPAGE P="55449"/>administrative, and cumulative impacts of the action, and that analysis was incorporated by reference in the Resubmittal. The only possible impact not discussed was any economic impact that could result from assigning landings history to the endorsement or to the permit. However, the only condition under which the assignment of landings history would make a difference is if permit/endorsement holders and potential buyers of endorsements/permits expect the endorsement system to be converted to a catch share program. Amendment 18A did not consider a catch share program and it is too speculative to consider the economic effects of a catch share program at this time.</P>
        <P>This rule would allow transfer of a black sea bass pot endorsement to an individual or entity that holds or simultaneously obtains a valid South Atlantic snapper-grouper unlimited permit. In order to be transferred, a black sea bass pot endorsement must be valid or renewable. Black sea bass pot endorsements may be transferred independently from the South Atlantic snapper-grouper unlimited permit with which it is associated. Landings history would not be transferred with the endorsement. NMFS will attribute black sea bass landings to the associated South Atlantic snapper-grouper unlimited permit regardless of whether the landings occurred before or after the endorsement was issued. Black sea bass pot endorsements would not be renewed automatically with the South Atlantic snapper-grouper permit with which it is associated. The endorsement must be renewed separately from the permit on the Federal Permit Application for Vessels Fishing in the Exclusive Economic Zone (EEZ).</P>
        <HD SOURCE="HD1">Other Changes to Codified Text</HD>
        <P>This rule also proposes to revise codified text in § 622.40, regarding issuance of the identification tags for black sea bass pots. In the final rule for Amendment 18A (77 FR 32408, June 1, 2012), the regulations incorrectly stated that NMFS would issue the identification tags for black sea bass pots and new identification tags would be issued each year. Endorsement holders order identification tags through NMFS, however, a supplier actually issues the identification tags. Endorsement holders must apply for new tags each permit year at the same time they renew their permit and endorsement. The regulations would be revised to clarify these points.</P>
        <P>This rule would also remove and reserve paragraph (a)(2) in § 622.43, because this paragraph was inadvertently not removed in the final rule implementing the Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic (76 FR 82183, December 30, 2011). That rule established an annual catch limit of zero for South Atlantic octocorals, thereby, eliminating the quota from the regulations and the need for quota closure provisions. The quota closure provisions, however, were inadvertently not removed in that final rule; therefore, this rule removes the obsolete quota closure provisions.</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the FMP, the Resubmitted Amendment 18A Action Amendment, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.</P>
        <P>This proposed rule has been determined to be not significant for purposes of Executive Order 12866.</P>
        <P>The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows:</P>
        <P>The purpose of this proposed rule is to allow black sea bass pot endorsements, created through Amendment 18A, to be transferred among South Atlantic snapper-grouper unlimited permit holders. The Magnuson-Stevens Act provides the statutory basis for this proposed rule.</P>
        <P>NMFS expects this rule, if implemented, to directly affect commercial vessels that landed black sea bass because snapper-grouper permit holders that have fished for black sea bass in the past are the most likely candidates to have an endorsement transferred to them. During 2005-2010, an annual average of 247 vessels with valid South Atlantic commercial snapper-grouper unlimited permits landed black sea bass, generating dockside revenues of approximately $1.103 million (2010 dollars). Each vessel, therefore, generated an average of approximately $4,465 in gross revenues from black sea bass. Vessels that operate in the black sea bass segment of the snapper-grouper fishery may also operate in other segments of the snapper-grouper fishery, the revenues of which are not reflected in these totals.</P>
        <P>No other small entities that would be expected to be directly affected by this proposed rule have been identified.</P>
        <P>The Small Business Administration has established size criteria for all major industry sectors in the U.S. including fish harvesters. A business involved in fish harvesting is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $4.0 million (NAICS code 114111, finfish fishing) for all its affiliated operations worldwide. Based on the average revenue estimates provided above, all commercial vessels expected to be directly affected by this proposed rule are determined, for the purpose of this analysis, to be small business entities.</P>
        <P>The proposed action is expected to increase individual profitability of those owning the endorsement because of the increased value of an endorsement once it becomes transferable. Also, industry profitability is expected to increase as more efficient operators enter the black sea bass commercial harvesting sector. Thirty-two endorsements have been issued as of September 10, 2012. Although more could be issued after the appeals process finalizes, there will be a limited number of endorsements. Thus, the overall profit increase would not be significant relative to the size of the black sea bass commercial sector and the entire commercial sector of the snapper-grouper fishery.</P>
        <P>Because this proposed rule, if implemented, would not be expected to have a significant economic impact on any small entities, 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 622</HD>
          <P>Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: September 5, 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 622 is proposed to be amended as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC</HD>
          <P>1. The authority citation for part 622 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>16 U.S.C. 1801<E T="03">et seq.</E>
            </P>
          </AUTH>
          
          <PRTPAGE P="55450"/>
          <P>2. In § 622.4, the introductory paragraph in paragraph (a)(2)(xv) is revised, paragraph (a)(2)(xv)(D) is added, and the first sentence in paragraph (g)(1) is revised to read as follows:</P>
          <SECTION>
            <SECTNO>§ 622.4</SECTNO>
            <SUBJECT>Permits and fees.</SUBJECT>
            <P>(a) * * *</P>
            <P>(2) * * *</P>
            <P>(xv)<E T="03">South Atlantic black sea bass pot endorsement.</E>For a person aboard a vessel, for which a commercial vessel permit for South Atlantic snapper-grouper unlimited has been issued, to use a black sea bass pot in the South Atlantic EEZ, a South Atlantic black sea bass pot endorsement must have been issued to the vessel and it must be valid and on board the vessel, and the commercial vessel permit for South Atlantic snapper-grouper unlimited must be valid and on board the vessel. A permit or endorsement that has expired is not valid. This endorsement must be renewed annually and may only be renewed if the associated vessel has a valid commercial vessel permit for South Atlantic snapper-grouper unlimited or if the endorsement and associated permit are being concurrently renewed. The RA will not reissue this endorsement if the endorsement is revoked or if the RA does not receive a complete application for renewal of the endorsement within 1 year after the endorsement's expiration date.</P>
            <STARS/>
            <P>(D)<E T="03">Transferability.</E>A valid or renewable black sea bass pot endorsement may be transferred between any two entities that hold, or simultaneously obtain a valid South Atlantic snapper-grouper unlimited permit. Endorsements may be transferred independently from the South Atlantic snapper-grouper unlimited permit. NMFS will attribute black sea bass landings to the associated South Atlantic snapper-grouper unlimited permit regardless of whether the landings occurred before or after the endorsement was issued. Only legal landings reported in compliance with applicable state and Federal regulations are acceptable.</P>
            <STARS/>
            <P>(g) * * *</P>
            <P>(1) * * * A vessel permit, license, or endorsement or a dealer permit or endorsement issued under this section is not transferable or assignable, except as provided in paragraph (m) of this section for a commercial vessel permit for Gulf reef fish, in paragraph (o) of this section for a king mackerel gillnet permit, in paragraph (q) of this section for a commercial vessel permit for king mackerel, in paragraph (r) of this section for a charter vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf reef fish, in paragraph (s) of this section for a commercial vessel moratorium permit for Gulf shrimp, in § 622.17(c) for a commercial vessel permit for golden crab, in § 622.18(b) for a commercial vessel permit for South Atlantic snapper-grouper, in § 622.19(b) for a commercial vessel permit for South Atlantic rock shrimp, in § 622.4(a)(2)(xiv)(D) for an eastern Gulf reef fish bottom longline endorsement, and in § 622.4(a)(2)(xv)(D) for a South Atlantic black sea bass pot endorsement. * * *</P>
            <STARS/>
            <P>3. In § 622.40, paragraph (d)(1)(i)(D) is revised to read as follows:</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 622.40</SECTNO>
            <SUBJECT>Limitations on traps and pots.</SUBJECT>
            <STARS/>
            <P>(d) * * *</P>
            <P>(1) * * *</P>
            <P>(i) * * *</P>
            <P>(D) A vessel that has on board a valid Federal commercial permit for South Atlantic snapper-grouper and a South Atlantic black sea bass pot endorsement that fishes in the South Atlantic EEZ on a trip with black sea bass pots, may possess only 35 black sea bass pots per vessel per permit year. Each black sea bass pot in the water or onboard a vessel in the South Atlantic EEZ, must have a valid identification tag attached. Endorsement holders must apply for new tags each permit year through NMFS to replace the tags from the previous year.</P>
            <STARS/>
          </SECTION>
          <SECTION>
            <SECTNO>§ 622.43</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>4. In § 622.43, paragraph (a)(2) is removed and reserved.</P>
          </SECTION>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22221 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>175</NO>
  <DATE>Monday, September 10, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55451"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Determination of Total Amounts of Fiscal Year 2013 Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses; and the Fiscal Year 2013 Overall Allotment Quantity Under the Sugar Marketing Allotment Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Secretary, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Office of the Secretary of the Department of Agriculture announces the establishment of the Fiscal Year (FY) 2013 (October 1, 2012-September 30, 2013) in-quota aggregate quantity of the raw, as well as, refined and specialty sugar Tariff-Rate Quotas (TRQ). The FY 2013 raw cane sugar TRQ is established at 1,117,195 metric tons raw value (MTRV). In addition, the in-quota aggregate quantity of the refined and specialty sugar TRQ is established at 117,254 MTRV for certain sugars, syrups, and molasses (collectively referred to as refined sugar) that may be entered during FY 2013.</P>
          <P>The Office of the Secretary of the Department of Agriculture also announces the establishment of the FY 2013 Overall Allotment Quantity (OAQ) at 9,711,250 short tons, raw value (STRV). As required by the Agricultural Adjustment Act of 1938, as amended, the sugar beet sector was allotted 5,278,064 STRV (54.35 percent of the OAQ), and the cane sugar sector was allotted 4,433,186 STRV (45.65 percent of the OAQ). CCC will distribute the sector allotments among domestic sugar beet and sugarcane processors according to the regulations in 7 CFR part 1435 in a press release before September 30, 2012.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>September 10, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Souleymane Diaby, Import Policies and Export Reporting Division, Foreign Agricultural Service, Department of Agriculture, 1400 Independence Avenue SW., AgStop 1021, Washington, DC 20250-1021; by telephone (202) 720-2916; by fax (202) 720-0876; or by email<E T="03">souleymane.diaby@fas.usda.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The provisions of paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS authorize the Secretary of Agriculture to establish the in-quota TRQ amounts (expressed in terms of raw value) for imports of raw cane sugar and certain sugars, syrups, and molasses that may be entered under the subheadings of the HTS subject to the lower tier of duties of the TRQs for entry during each fiscal year. The Office of the U.S. Trade Representative (USTR) is responsible for the allocation of these quantities among supplying countries and areas.</P>
        <P>Section 359(k) of the Agricultural Adjustment Act of 1938, as amended, requires that at the beginning of the quota year the Secretary of Agriculture establish the TRQs for raw cane sugar and refined sugars at the minimum levels necessary to comply with obligations under international trade agreements, with the exception of specialty sugar.</P>
        <P>Notice is hereby given that I have determined, in accordance with paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS and section 359(k) of the 1938 Act, that an aggregate quantity of up to 1,117,195 MTRV of raw cane sugar may be entered or withdrawn from warehouse for consumption during FY 2013. This is the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements. I have further determined that an aggregate quantity of 117,254 MTRV of sugars, syrups, and molasses may be entered or withdrawn from warehouse for consumption during FY 2013. Of this quantity of 117,254 MTRV, the quantity of 96,910 MTRV is reserved for the importation of specialty sugars as defined by the USTR. The total of 117,254 MTRV includes the 22,000 MTRV minimum level necessary to comply with U.S. WTO Uruguay Round commitments, of which 1,656 MTRV is reserved for specialty sugar. Because the specialty sugar TRQ is first-come, first-served, tranches are needed to allow for orderly marketing throughout the year. The FY 2013 specialty sugar TRQ will be opened in five tranches. The first tranche, totaling 1,656 MTRV, will open October 12, 2012. All specialty sugars are eligible for entry under this tranche. The second tranche will open on October 26, 2012, and be equal to 35,245 MTRV. The remaining tranches will each be equal to 20,003 MTRV, with the third opening on January 11, 2013; the fourth, on April 11, 2013; and the fifth, on July 11, 2013. The second, third, fourth, and fifth tranches will be reserved for organic sugar and other specialty sugars not currently produced commercially in the United States or reasonably available from domestic sources.</P>
        <P>Section 359c of the Agricultural Adjustment Act of 1938, as amended, requires that the OAQ be established at not less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year, and that fixed percentages of the OAQ be assigned to the beet sector and cane sector. The OAQ for FY 2013 is being established at the minimum quantity of 9,711,250 STRV. Based on the required beet sector and cane sector percentages of 54.35 and 46.65 respectively, the sugar beet sector is allotted 5,278,064 STRV and cane sector is allotted 4,433,186 STRV for FY 2013.</P>
        <P>The cane sector allotment is allocated to the sugarcane States according to provisions in the sugar program, as follows: Hawaii—245,499 STRV; Florida—2,250,786 STRV; Louisiana—1,741,236 and Texas—195,665 STRV. Company allocations will be announced in a press release before September 30, 2012.</P>
        <P>* Conversion factor: 1 metric ton = 1.10231125 short tons.</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Michael T. Scuse,</NAME>
          <TITLE>Under Secretary, Farm and Foreign Agricultural Services.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22134 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Agricultural Research Service</SUBAGY>
        <SUBJECT>Notice of Intent To Request an Extension of a Currently Approved Information Collection</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Agricultural Research Service, USDA.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="55452"/>
          <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, this notice announces the Agricultural Research Service's (ARS) intention to request an extension of a currently approved information collection, Form AD-761, USDA Patent License Application for Government Invention that expires February 28, 2013.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments may be sent to June Blalock, USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Room 4-1174, Beltsville, Maryland 20705-5131; Telephone Number 301-504-5989.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>June Blalock, USDA, ARS, Office of Technology Transfer, 301-504-5989.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>USDA Patent License Application for Government Invention.</P>
        <P>
          <E T="03">OMB Number:</E>0518-0003.</P>
        <P>
          <E T="03">Expiration Date of Approval:</E>February 28, 2013.</P>
        <P>
          <E T="03">Type of Request:</E>To extend a currently approved information collection.</P>
        <P>
          <E T="03">Abstract:</E>The USDA patent licensing program grants patent licenses to qualified businesses and individuals who wish to commercialize inventions arising from federally supported research. The objective of the program is to use the patent system to promote the utilization of inventions arising from such research. The licensing of federally owned inventions must be done in accordance with the terms, conditions and procedures prescribed under 37 CFR part 404. Application for a license must be addressed to the Federal agency having custody of the invention. Licenses may be granted only if the license applicant has supplied the Federal agency with a satisfactory plan for the development and marketing of the invention and with information about the applicant's capability to fulfill the plan. 37 CFR 404.8 sets forth the information which must be provided by a license applicant. For the convenience of the applicant, USDA has itemized the information needed on Form AD-761, and instructions for completing the form are provided to the applicant. The information submitted is used to determine whether the applicant has both a complete and sufficient plan for developing and marketing the invention and the necessary manufacturing, marketing, technical, and financial resources to carry out the submitted plan.</P>
        <P>
          <E T="03">Estimate of Burden:</E>Public reporting burden for this collection of information is estimated to average 3 hours per response.</P>
        <P>
          <E T="03">Description of Respondents:</E>Businesses or other for profit individuals.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>75.</P>
        <P>
          <E T="03">Frequency of Responses:</E>One time per invention.</P>
        <P>
          <E T="03">Estimated Total Annual Burden on Respondents:</E>225 hours.</P>
        <P>This data will be collected under the authority of 44 U.S.C. 3506(c)(2)(A).</P>
        <P>Copies of this information collection and related instructions can be obtained without charge from June Blalock, USDA, ARS, Office of Technology Transfer by calling 301-504-5989.</P>
        <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 will have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses.</P>
        <P>Comments may be sent to USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Room 4-1174, Beltsville, Maryland 20705-5131. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.</P>
        <SIG>
          <NAME>Richard J. Brenner,</NAME>
          <TITLE>Assistant Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22201 Filed 9-7-12; 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>Lynn Canal-Icy Strait 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 Lynn Canal-Icy Strait Resource Advisory Committee (LC-IS RAC) will meet in Juneau, AK. 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 project proposals that will meet the purposes of improving or maintaining existing infrastructure (roads &amp; trails), implementing stewardship objectives that enhance forested ecosystems, and/or restoring and improving land health and water quality on National Forest System lands.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 20, 2012, 9 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held in the upper conference room, Admirality National Monument Office, 8510 Mendenhall Loop Road, Juneau, AK 99801. The public may attend the meeting via Video Teleconference (VTC) at the Hoonah Ranger District office, 430A Airport Road, Hoonah, AK 99829. 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 Admirality National Monument Office, 8510 Mendenhall Loop Road, Juneau, AK 99801. Please call ahead to (907) 586-8800 to facilitate entry into the building to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Shane King, RAC Coordinator, 8510 Mendenhall Loop Road, Juneau, AK 99801; (907) 789-6286; email<E T="03">shaneking@fs.fed.us.</E>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The following business will be conducted: review and status updates on Title II projects, review the status of funds to be allocated, discuss acquisition management instruments for implementation of projects, review monitoring report, review and approve administrative costs, provide opportunity for proponents to present proposals (5 minutes each), provide LC-IS RAC members an opportunity to ask questions about proposals (3 minutes each), review the proposal<PRTPAGE P="55453"/>recommendation process, review and rank project proposals by Category Groups, provide recommendations for funding to the Designated Federal Official and provide for public comment. Further information can be found at<E T="03">http://goo.gl/tnSEV.</E>Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before 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 19, 2012 to be scheduled on the agenda. Written comments and requests for time for oral comments must be sent to Shane King, RAC Coordinator, 8510 Mendenhall Loop Road, Juneau, AK 99801, or by email to<E T="03">shaneking@fs.fed.us,</E>or via facsimile to (907) 586-8808. A summary of the meeting will be posted at<E T="03">http://goo.gl/tnSEV</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you require sign language interpreting, assistive listening devices or other reasonable accommodation please request this in advance of the meeting by contacting the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.</P>
        <SIG>
          <DATED>Dated: August 17, 2012.</DATED>
          <NAME>Chad VanOrmer,</NAME>
          <TITLE>Monument Ranger.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22011 Filed 9-7-12; 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>Juneau 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 Juneau Resource Advisory Committee will meet in Juneau, AK. 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 project proposals that will meet the purposes of improving or maintaining existing infrastructure (roads &amp; trails), implementing stewardship objectives that enhance forested ecosystems, and/or restoring and improving land health and water quality on National Forest System lands.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held September 25, 2012, 8 a.m. to 12 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at Juneau Ranger District, 8510 Mendenhall Loop Road, Juneau, AK 99801.</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 Juneau Ranger District. Please call ahead to (907) 586-8800 to facilitate entry into the building to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Marti Marshall, Designated Federal Official, Juneau Ranger District, (907) 586-8800,<E T="03">mmarshall01@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 a.m. and 8 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) Review of project proposals for recommendation to Forest Supervisor. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before 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 10, 2012 to be scheduled on the agenda. Written comments and requests for time for oral comments must be sent to 8510 Mendenhall Loop Road, Juneau, AK 99801, or by email to<E T="03">mmarshall01@fs.fed.us,</E>or via facsimile to (907) 586-8808. A summary of the meeting will be posted at<E T="03">https://fsplaces.fs.fed.us/fsfiles/unit/wo/secure_rural_schools.nsf/RAC/Juneau?OpenDocument</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you require sign language interpreting, assistive listening devices or other reasonable accommodation please request this in advance of the meeting by contacting the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Marti M. Marshall,</NAME>
          <TITLE>Designated Federal Official.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22032 Filed 9-7-12; 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>Butte County 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 Butte County Resource Advisory Committee will meet in Oroville, California. 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 September 26, 2012 from 5:30-9:30 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Feather River Ranger District Conference Room at 875 Mitchell Avenue, Oroville, CA 95965. 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 Plumas National Forest Supervisors Office, 159 Lawrence Street, Quincy, CA 95971. Please call ahead to Lee Anne Schramel Taylor at (530) 283-7850 to facilitate entry into the building to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Lee Anne Schramel Taylor, RAC Coordinator, Plumas National Forest, (530) 283-7850, TTY 711,<E T="03">eataylor@fs.fed.us.</E>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 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: review and recommend projects<PRTPAGE P="55454"/>authorized under title II of the Act. An agenda will be posted at<E T="03">http://www.fs.fed.us/srs</E>at least one week prior to the meeting. 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. A summary of the meeting will be posted at<E T="03">http://www.fs.usda.gov/srs</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you are a person requiring resonable accomodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accomodation for access to the facility or procedings by contacting the person listed under For<E T="02">Further Information Contact</E>. All reasonable accommodation requests are managed on a case by case basis.</P>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Earl Ford,</NAME>
          <TITLE>Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22177 Filed 9-7-12; 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>Plumas County 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 Plumas County Resource Advisory Committee will meet in Quincy, California. 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 September 21, 2012 from 9:00 a.m.-2:00 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Plumas Sierra County Fair Mineral Building at 207 Fairgrounds Road in Quincy, CA.</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 the Plumas National Forest Supervisors Office, 159 Lawrence Street, Quincy, CA 95971. Please call ahead to Lee Anne Schramel Taylor at (530) 283-7850 to facilitate entry into the building to view comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Lee Anne Schramel Taylor, RAC Coordinator, Plumas National Forest, (530) 283-7850, TTY 711,<E T="03">eataylor@fs.fed.us.</E>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 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: review and recommend projects authorized under title II of the Act. An agenda will be posted at<E T="03">http://www.fs.fed.us/srs</E>at least one week prior to the meeting. 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. A summary of the meeting will be posted at<E T="03">http://www.fs.usda.gov/srs</E>within 21 days of the meeting.</P>
        <P>
          <E T="03">Meeting Accommodations:</E>If you are a person requiring resonable accomodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accomodation for access to the facility or procedings by contacting the person listed under For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.</P>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Earl Ford,</NAME>
          <TITLE>Forest Supervisor.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22182 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMISSION ON CIVIL RIGHTS</AGENCY>
        <SUBJECT>Agenda and Notice of Public Meeting of the North Dakota Advisory Committee to the U.S. Commission on Civil Rights</SUBJECT>
        <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights, and the Federal Advisory Committee Act (FACA), that a Briefing and Listening Meeting of the North Dakota Advisory Committee to the Commission will convene at 9 a.m. (CDT) on Monday, September 24, 2012, at the City Commission Room, City of Fargo, 200 N. 3rd Street, Fargo, ND 58102.</P>
        <P>The purpose of the briefing and listening meeting is to hear civil and human rights issues of concern by citizens of the state and a briefing by a state human rights coalition.</P>

        <P>Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days of the meeting. Written comments may be mailed to the Rocky Mountain Regional Office, U.S. Commission on Civil Rights, 999 18th Street, Suite 1380 South, Denver, CO 80202. They may be faxed to (303) 866-1050 or emailed to<E T="03">ebohor@usccr.gov.</E>Persons who desire additional information may contact Malee V. Craft, Regional Director, Rocky Mountain Regional Office at (303) 866-1040.</P>

        <P>Records generated from this meeting may be inspected and reproduced at the Rocky Mountain Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site,<E T="03">www.usccr.gov,</E>or to contact the Rocky Mountain Regional Office at the above email, street address, or telephone number.</P>
        <P>Deaf or hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Rocky Mountain Regional Office at least ten (10) working days before the scheduled date of the meeting.</P>

        <P>To ensure that the Commission secures an appropriate number of telephone lines for the public, persons are asked to contact the Rocky Mountain Regional Office 10 days before the meeting date either by email at<E T="03">ebohor@usccr.gov</E>or by phone.</P>
        <P>The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA.</P>
        <SIG>
          <DATED>Dated in Washington, DC, on September 5, 2012.</DATED>
          <NAME>Peter Minarik,</NAME>
          <TITLE>Acting Chief, Regional Programs Coordination Unit.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22193 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6335-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55455"/>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[Order No. 1849]</DEPDOC>
        <SUBJECT>Approval for Manufacturing AuthorityForeign-Trade Zone 72,Brevini Wind USA, Inc.,(Wind Turbine Gear Boxes),Yorktown, IN</SUBJECT>
        <EXTRACT>
          <P>Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:</P>
        </EXTRACT>
        
        <P>
          <E T="03">Whereas,</E>the Indianapolis Airport Authority, grantee of Foreign-Trade Zone 72, has requested manufacturing authority on behalf of Brevini Wind USA, Inc., within FTZ 72 in Yorktown, Indiana (FTZ Docket 54-2011, filed 8-11-2011);</P>
        <P>
          <E T="03">Whereas,</E>notice inviting public comment has been given in the<E T="04">Federal Register</E>(76 FR 51349-51350, 8-18-2011) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,</P>
        <P>
          <E T="03">Whereas,</E>the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that the proposal is in the public interest;</P>
        <P>
          <E T="03">Now, therefore,</E>the Board hereby orders:</P>

        <P>The application for manufacturing authority under zone procedures within FTZ 72 on behalf of Brevini Wind USA, Inc., as described in the application and<E T="04">Federal Register</E>notice, is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13.</P>
        <SIG>
          <DATED>Signed at Washington, DC, this 29th day of August 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretaryfor Import Administration,Alternate Chairman,Foreign-Trade Zones Board.</TITLE>
          <P>Attest:</P>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22249 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[B-31-2012]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 235—Lakewood, NJ, Authorization of Production Activity, Cosmetic Essence Innovations, LLC, (Fragrance Bottling),Holmdel, NJ</SUBJECT>
        <P>Cosmetic Essence Innovations, LLC (CEI) submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for their facility located in Holmdel, New Jersey, within Site 8 of FTZ 235.</P>

        <P>The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the<E T="04">Federal Register</E>inviting public comment (77 FR 26737, 5/7/2012). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board's regulations, including Section 400.14.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22248 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-489-815]</DEPDOC>
        <SUBJECT>Light-Walled Rectangular Pipe and Tube From Turkey: Notice of Final Results of Antidumping Duty Administrative Review</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 June 6, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Turkey.<SU>1</SU>

            <FTREF/>The review covers one producer/exporter, Noksel Celik Boru Sanayi A.S., (Noksel). The period of review (POR) is May 1, 2010, through April 30, 2011. We invited interested parties to comment on our<E T="03">Preliminary Results.</E>Noksel submitted comments on July 6, 2012, but withdrew them on July 9, 2012. Therefore, our final results remain unchanged from our<E T="03">Preliminary Results.</E>The final results are listed in the section entitled “Final Results of Review” below.</P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">See Light-Walled Rectangular Pipe and Tube from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review,</E>77 FR 33395 (June 6, 2012) (<E T="03">Preliminary Results</E>).</P>
          </FTNT>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective September 10, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mark Flessner or Robert James, 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) 482-6312 or (202) 482-0649, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>

        <P>On June 6, 2012, the Department published the preliminary results of this review in the<E T="04">Federal Register</E>.<E T="03">See Preliminary Results.</E>We invited parties to comment on the<E T="03">Preliminary Results.</E>As stated above, Noksel submitted comments on July 6, 2012, but withdrew them on July 9, 2012. No party requested a hearing.</P>
        <HD SOURCE="HD1">Scope of the Order</HD>
        <P>The merchandise subject to this order is certain welded carbon-quality light-walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 mm. The term carbon-quality steel includes both carbon steel and alloy steel which contains only small amounts of alloying elements. Specifically, the term carbon-quality includes products in which none of the elements listed below exceeds the quantity by weight respectively indicated: 1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of zirconium. The description of carbon-quality is intended to identify carbon-quality products within the scope.</P>
        <P>The welded carbon-quality rectangular pipe and tube subject to this order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings are provided for convenience and CBP's customs purposes, our written description of the scope of the order is dispositive.</P>
        <HD SOURCE="HD1">Final Results of Review</HD>

        <P>As noted above, the Department has no comments concerning the<PRTPAGE P="55456"/>
          <E T="03">Preliminary Results</E>on the record of this segment of the proceeding. As there are no changes from, or comments upon, the<E T="03">Preliminary Results</E>on the record, there is no decision memorandum accompanying this<E T="04">Federal Register</E>notice. For further details of the issues addressed in this proceeding,<E T="03">see Preliminary Results.</E>The final weighted-average dumping margin for the period May 1, 2010, through April 30, 2011, is as follows:</P>
        <GPOTABLE CDEF="s80,16" COLS="02" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Producer/Exporter</CHED>
            <CHED H="1">Weighted-average margin<LI>(percentage)</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Noksel Celik Boru Sanayi A.S.</ENT>
            <ENT>0.00</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">Assessment</HD>
        <P>The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b)(1). The Department intends to issue appropriate assessment instructions for the companies subject to this review to CBP 15 days after the date of publication of these final results.</P>
        <P>Noksel reported that it was the importer of record for all of its U.S. sales of subject merchandise. Pursuant to 19 CFR 351.212(b)(1), we have calculated an importer-specific assessment rate based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those sales.</P>
        <P>To determine whether the duty assessment rates were<E T="03">de minimis</E>(<E T="03">i.e.,</E>less than 0.50 percent) in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer-specific<E T="03">ad valorem</E>rates based on reported and estimated entered values (when no entered value was reported). Where the assessment rate is above<E T="03">de minimis,</E>we will instruct CBP to assess duties on all entries of subject merchandise by that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is<E T="03">de minimis.</E>
        </P>
        <P>The Department clarified its “automatic assessment” regulation on May 6, 2003.<SU>2</SU>

          <FTREF/>This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate established in the less-than-fair-value (LTFV) investigation if there is no rate for the intermediate company(ies) involved in the transaction.<E T="03">See Assessment Policy Notice.</E>
        </P>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>68 FR 23954 (May 6, 2003) (<E T="03">Assessment Policy Notice</E>).</P>
        </FTNT>
        <HD SOURCE="HD1">Cash Deposit Requirements</HD>

        <P>The following deposit rates will be effective upon publication of the final results of this administrative review for all shipments of light-walled rectangular pipe and tube from Turkey entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For companies covered by this review, the cash deposit rate will be the rates listed above; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent final results in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recent final results for the manufacturer of the merchandise; and (4) if neither the exporter nor the producer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be 27.04 percent<E T="03">ad valorem,</E>the “all others” rate established in the LTFV investigation.<SU>3</SU>
          <FTREF/>These cash deposit requirements, when imposed, shall remain in effect until further notice.</P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See Notice of Antidumping Duty Order: Light-Walled Rectangular Pipe and Tube From Turkey,</E>73 FR 31065 (May 30, 2008).</P>
        </FTNT>
        <HD SOURCE="HD1">Notification to Importers</HD>
        <P>This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.</P>
        <HD SOURCE="HD1">Notification to Interested Parties</HD>
        <P>This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.</P>
        <P>This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.</P>
        <SIG>
          <DATED>Dated: August 30, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretaryfor Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22238 Filed 9-7-12; 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-XC210</RIN>
        <SUBJECT>Marine Mammals; File No. 17410</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; receipt of application.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given that the Alaska Department of Fish and Game (ADF&amp;G; Responsible Party: Robert Small), 1255 West 8th Street, Juneau, AK 99811, has applied in due form for a permit to import, export, collect, and receive marine mammal parts for scientific research.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written, telefaxed, or email comments must be received on or before October 10, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The application and related documents are available for review by selecting “Records Open for Public Comment” from the<E T="03">Features</E>box on the Applications and Permits for Protected Species (APPS) home page,<E T="03">https://apps.nmfs.noaa.gov,</E>and then selecting File No. 17410 from the list of available applications.</P>
          <P>These documents are also available upon written request or by appointment in the following offices:</P>
          <P>Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376; and</P>
          <P>Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907) 586-7221; fax (907) 586-7249.</P>

          <P>Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at<PRTPAGE P="55457"/>the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to<E T="03">NMFS.Pr1Comments@noaa.gov.</E>Please include the File No. in the subject line of the email comment.</P>
          <P>Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on these applications would be appropriate.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Laura Morse or Amy Sloan, (301) 427-8401.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361<E T="03">et seq.</E>), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531<E T="03">et seq.</E>), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151<E T="03">et seq.</E>).</P>
        <P>The objectives of the proposed research are to obtain information on population status and distribution, stock structure, age distribution, mortality rates, productivity, feeding habits, and health status of twenty-six species of pinnipeds (excluding walrus) and cetaceans found in Alaskan waters; such data would be used for conservation and management purposes. The applicant is requesting authorization to collect, receive, import, and export marine mammal parts from legal foreign (Russia and Canada) and domestic subsistence-hunts; scientists in academic, federal, and state institutions involved in legally authorized marine mammal research; dead beach-cast species; and incidental commercial fisheries bycatch. Import/export activities would occur world-wide. No live animal takes are being requested under this permit. The requested duration of the permit is five years.</P>

        <P>In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321<E T="03">et seq.</E>), an initial determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.</P>
        <P>Concurrent with the publication of this notice in the<E T="04">Federal Register</E>, NMFS is forwarding a copy of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>P. Michael Payne,</NAME>
          <TITLE>Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22214 Filed 9-7-12; 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-XC220</RIN>
        <SUBJECT>Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs; Application for Exempted Fishing Permit, 2012</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>Notification of a proposal to conduct exempted fishing; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Deputy Director, Office of Sustainable Fisheries, has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by Limuli Laboratories of Cape May Court House, NJ, contains all the required information and warrants further consideration. The proposed EFP would allow the harvest of up to 10,000 horseshoe crabs from the Carl N. Shuster Jr. Horseshoe Crab Reserve (Reserve) for biomedical purposes and require, as a condition of the EFP, the collection of data related to the status of horseshoe crabs within the reserve. The Deputy Director has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic States Marine Fisheries Commission's (Commission) Horseshoe Crab Interstate Fisheries Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Deputy Director proposes to recommend that an EFP be issued that would allow up to two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations promulgated under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The EFP would allow for an exemption from the Reserve.</P>
          <P>Regulations under the Atlantic Coastal Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments on this action must be received on or before September 25, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments should be sent to Emily Menashes, Deputy Director, Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the envelope “Comments on Horseshoe Crab EFP Proposal.” Comments may also be sent via fax to (301) 713-0596. Comments on this notice may also be submitted by email to:<E T="03">derek.orner@noaa.gov.</E>Include in the subject line of the email comment the following document identifier: “Horseshoe Crab EFP Proposal Comments.”</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Derek Orner, Office of Sustainable Fisheries, (301) 427-8567.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>Limuli Laboratories submitted an application for an EFP on June 19, 2012, to collect up to 10,000 horseshoe crabs for biomedical and data collection purposes from the Reserve. The applicant has applied for, and received, a similar EFP every year from 2001-2011. The current EFP application specifies that: (1) The same methods would be used in 2012 that were used in years 2001-2011, (2) at least 15 percent of the bled horseshoe crabs would be tagged, and (3) there had not been any sighting or capture of marine mammals or endangered species in the trawling nets of fishing vessels engaged in the collection of horseshoe crabs since 1993. The project submitted by Limuli Laboratories would provide morphological data on horseshoe crab catch, would tag a portion of the caught horseshoe crabs, and would use the blood from the caught horseshoe crabs to manufacture Limulus Amebocyte Lysate (LAL), an important health and safety product used for the detection of endotoxins. The LAL assay is used by medical professionals, drug companies, and pharmacies to detect endotoxins in intravenous pharmaceuticals and medical devices that come into contact with human blood or spinal fluid.</P>
        <HD SOURCE="HD1">Results of 2011 EFP</HD>

        <P>During the 2011 season, a total of 3,500 horseshoe crabs were gathered over a period of seven days, from the Carl N. Schuster Jr. Horseshoe Crab Reserve (Reserve) for the manufacture of LAL. After transportation to the laboratory, the horseshoe crabs were<PRTPAGE P="55458"/>inspected for size, injuries, and responsiveness. The injured horseshoe crabs numbered 310, or 8.86% of the total, while 71, or 2.03%, were noted as slow moving. An additional 16, or 4.06% were deemed mortal. In addition, six horseshoe crabs were rejected due to small size. Overall, 3,097 horseshoe crabs were used (bled) in the manufacture of a LAL.</P>
        <P>Two hundred of the bled horseshoe crabs were randomly selected for activity, morphometric and aging studies. The activity level for all 200 animals was categorized as “active”. Morphometric studies noted that average inter-ocular distances, prosoma widths and weights of these 200 horseshoe crabs were comparable to previous years (2001-2010). Of the 200 horseshoe crabs examined in 2011, a little more than half (52%) were categorized as medium aged followed by young (31%). Older animals were greater in number (17%) than most of the other years with the exception of the 2004 year (19%) and the 2010 year (26%).</P>
        <P>The 200 studied horseshoe crabs and 325 additional bled horseshoe crabs were tagged and released into the Delaware Bay. To date, the tagging of 4,938 horseshoe crabs during 2001-2011 have resulted in 104 live recaptures. The observed horseshoe crabs were found 1 to 8 years after release, primarily along the Delaware Bay shores during their spawning season.</P>
        <HD SOURCE="HD1">Proposed 2012 EFP</HD>
        <P>Limuli Laboratories proposes to conduct an exempted fishery operation using the same means, methods, and seasons proposed/utilized during the EFPs in 2001-2011. Limuli proposes to continue to tag at least 15 percent of the bled horseshoe crabs as they did in 2011. NMFS would require that the following terms and conditions be met for issuance and continuation of the EFP for 2012:</P>
        <P>1. Limiting the number of horseshoe crabs collected in the Reserve to no more than 500 crabs per day and to a total of no more than 10,000 crabs per year;</P>
        <P>2. Requiring collections to take place over a total of approximately 20 days during the months of July, August, September, October, and November. (Horseshoe crabs are readily available in harvestable concentrations nearshore earlier in the year, and offshore in the Reserve from July through November.);</P>
        <P>3. Requiring that a 5<FR>1/2</FR>inch (14.0 cm) flounder net be used by the vessel to collect the horseshoe crabs. This condition would allow for continuation of traditional harvest gear and adds to the consistency in the way horseshoe crabs are harvested for data collection;</P>
        <P>4. Limiting trawl tow times to 30 minutes as a conservation measure to protect sea turtles, which are expected to be migrating through the area during the collection period, and are vulnerable to bottom trawling;</P>
        <P>5. Requiring that the collected horseshoe crabs be picked up from the fishing vessels at docks in the Cape May Area and transported to local laboratories, bled for LAL, and released alive the following morning into the Lower Delaware Bay; and</P>
        <P>6. Requiring that any turtle take be reported to NMFS, Northeast Region, Assistant Regional Administrator of Protected Resources Division, within 24 hours of returning from the trip in which the incidental take occurred.</P>
        <P>As part of the terms and conditions of the EFP, for all horseshoe crabs bled for LAL, NMFS would require that the EFP holder provide data on sex ratio and daily harvest. Also, the EFP holder would be required to examine at least 200 horseshoe crabs for morphometric data. Terms and conditions may be added or amended prior to the issuance of the EFP.</P>
        <P>The proposed EFP would exempt two commercial vessels from regulations at  50 CFR 697.7(e) and 697.23(f), which prohibit the harvest and possession of horseshoe crabs from the Reserve on a vessel with a trawl or dredge gear aboard.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22223 Filed 9-7-12; 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>
        <DEPDOC>[Docket No. 120807314-2314-01]</DEPDOC>
        <RIN>RIN 0648-XC155</RIN>
        <SUBJECT>Endangered and Threatened Species; 90-Day Finding on Petition To Delist the Southern Oregon/Northern California Coast Evolutionarily Significant Unit of Coho Salmon Under the Endangered Species Act</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 90-day petition finding.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>We, NMFS, announce a 90-day finding on a petition to delist the Southern Oregon/Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) of coho salmon (<E T="03">Oncorhynchus kisutch</E>) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Copies of the petition are available at:<E T="03">http://www.nmfs.noaa.gov/pr/or</E>upon request from the Assistant Regional Administrator, Protected Resources Division, NMFS, Southwest Regional Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Craig Wingert, NMFS, Southwest Region Office, (562) 980-4021; or Dwayne Meadows, Office of Protected Resources (301) 427-8403.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>Section 4 of the ESA (16 U.S.C. 1533) contains provisions allowing interested persons to petition the Secretary of Commerce (Secretary) to add a species to or remove a species from the List of Endangered and Threatened Wildlife, and to designate critical habitat for any endangered or threatened species. The Secretary has delegated the authority for these actions to the NOAA Assistant Administrator for Fisheries.</P>

        <P>On July 3, 2012, we received a petition from the Siskiyou County Water Users Association and Dr. Richard Gierak (the petitioners) requesting that we delist the SONCC ESU of coho salmon under the ESA. The petitioners previously submitted four petitions requesting that we delist coho salmon. We analyzed those petitions and found that they did not present substantial scientific or commercial information indicating the petitioned action may be warranted. One negative 90-day finding notice for three of these petitions was published on October 7, 2011 (76 FR 62375) and a second negative 90-day finding for the fourth petition was published on January 11, 2012 (77 FR 1668). The new petition largely reiterates the petitioners' previous arguments, including that the species is not native to northern California watersheds, including the Klamath River, the species abundance has increased since the early 1960s and is in good condition overall, and that non-man-made factors (e.g., ocean conditions, floods, fires, and drought) rather than man-made factors are responsible for the decline in coho salmon abundance. These arguments<PRTPAGE P="55459"/>were addressed in our responses to the previous petitions and therefore not repeated here.</P>
        <P>In the current petition, the petitioners have specified their request to delist the SONCC coho salmon ESU, reiterated many of their previous arguments, and presented some additional information regarding coho and Chinook salmon fishing seasons in Oregon streams, Yukon River salmon run predictions, changes in salmon landings over the past 1-2 decades, and increases in Pacific Ocean water temperature. We carefully analyzed this additional information and found that it is: Not relevant to the petitioned action (e.g., the Oregon and Yukon fisheries are different ESUs from the petitioned species); not supported by literature citations or other references in the petition (e.g., historical landings and ocean temperature information), and therefore constitutes unsupported assertions; or it simply does not support the petitioned action (e.g., information about coho and Chinook salmon fishing seasons in Oregon streams that are not within the range of this ESU). As a result of these deficiencies, the petition does not present any additional substantial scientific or commercial information that indicates the petitioned action may be warranted. Moreover, none of this additional information modifies the underlying scientific basis for our original determination to list the SONCC coho salmon ESU or causes us to re-evaluate our analysis of delisting petitions that were previously submitted by the petitioners.</P>
        <HD SOURCE="HD1">ESA Statutory and Regulatory Provisions and Evaluation Framework</HD>

        <P>Section 4(b)(3)(A) of the ESA (16 U.S.C. 1533(b)(3)(A)) requires that we make a finding as to whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating the petitioned action may be warranted. ESA implementing regulations define “substantial information” as the “amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted” (50 CFR 424.14(b)(1)). In determining whether a petition presents substantial scientific or commercial information to list or delist a species, we take into account information submitted with, and referenced in, the petition and all other information readily available in our files. To the maximum extent practicable, this finding is to be made within 90 days of the receipt of the petition, followed by prompt publication in the<E T="04">Federal Register</E>(16 U.S.C. 1533(b)(3)(A)). ESA implementing regulations state that a species may be delisted only if the best scientific and commercial data available substantiate that it is neither endangered nor threatened for one or more of the following reasons: The species is extinct; the species is recovered; or subsequent investigations show the best scientific or commercial data available when the species was listed, or the interpretation of such data, were in error (50 CFR 424.11(d)).</P>
        <HD SOURCE="HD1">Petition Finding</HD>
        <P>As discussed above, this subject petition does not present any additional substantial scientific or commercial information related to whether the SONCC ESU of coho salmon is recovered, extinct, or that the best scientific or commercial data available when the species was listed, or the interpretation of such data, were in error. Therefore, we find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.</P>
        <HD SOURCE="HD1">References Cited</HD>

        <P>A complete list of the references used in this finding is available upon request (see<E T="02">ADDRESSES</E>).</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1531<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: September 4, 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>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22209 Filed 9-7-12; 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-XC107</RIN>
        <SUBJECT>Takes of Marine Mammals Incidental to Specified Activities; Piling and Fill Removal in Woodard Bay Natural Resources Conservation Area, Washington</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; issuance of an incidental harassment authorization.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the Washington State Department of Natural Resources (DNR) to incidentally harass, by Level B harassment only, harbor seals during restoration activities within the Woodard Bay Natural Resources Conservation Area (NRCA).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This authorization is effective from November 1, 2012, through March 15, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>A copy of the IHA and related documents are available by writing to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.</P>

          <P>A copy of the application, including references used in this document, may be obtained by visiting the Internet at:<E T="03">http://www.nmfs.noaa.gov/pr/permits/incidental.htm.</E>For those members of the public unable to view these documents on the Internet, a copy may be obtained by writing to the address specified above or telephoning the contact listed below (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>). Associated documents prepared pursuant to the National Environmental Policy Act (NEPA) are also available at the same site. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Background</HD>
        <P>Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361<E T="03">et seq.</E>) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is published in the<E T="04">Federal Register</E>to provide public notice and initiate a 30-day comment period.</P>

        <P>Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has<PRTPAGE P="55460"/>defined `negligible impact' in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”</P>
        <P>Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by Level B harassment as defined below. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. If authorized, the IHA may be effective for a period of one year.</P>
        <P>Except with respect to certain activities not pertinent here, the MMPA defines `harassment' as: “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].”</P>
        <HD SOURCE="HD1">Summary of Request</HD>

        <P>On May 18, 2012, we received an application from the DNR for an IHA for the taking, by Level B harassment only, of small numbers of harbor seals (<E T="03">Phoca vitulina</E>) incidental to activities conducted in association with an ongoing habitat restoration project within the Woodard Bay NRCA, Washington. DNR was first issued an IHA that was valid from November 1, 2010, through February 28, 2011 (75 FR 67951), and was subsequently issued a second IHA that was valid from November 1, 2011, through February 28, 2012 (76 FR 67419). Restoration activity planned for 2012-13 includes removal of fill and associated materials in Woodard Bay and Chapman Bay and removal of creosote pilings and structure in Chapman Bay. Pilings will be removed by vibratory hammer extraction methods or by direct pull with cables. The superstructure materials will be removed by excavator and/or cables suspended from a barge-mounted crane. The specified activities will occur only between November 1 through March 15 (2012-13), and are expected to require a maximum total of approximately 70 days.</P>
        <HD SOURCE="HD3">Description of the Specified Activity</HD>

        <P>In accordance with regulations implementing the MMPA, we published notice of the proposed IHA in the<E T="04">Federal Register</E>on July 30, 2012 (77 FR 44583). A complete description of the action was included in that notice and will not be reproduced here.</P>
        <P>The restoration activities planned under the IHA include all or part of the following:</P>
        <HD SOURCE="HD2">1. Fill Removal</HD>
        <FP SOURCE="FP-1">• Remove 13,000 yd<SU>3</SU>of fill from Woodard Bay</FP>
        <FP SOURCE="FP-1">• Remove 325 yd<SU>3</SU>of fill from Chapman Bay</FP>
        <FP SOURCE="FP-1">• Remove associated creosoted timber, pilings, metal scraps and concrete abutment</FP>
        <HD SOURCE="HD2">2. Piling and Structure Removal</HD>
        <FP SOURCE="FP-1">• Remove 10,000 ft<SU>2</SU>of pier superstructure and 470 pilings from Chapman Bay Pier</FP>
        <FP SOURCE="FP-1">• Remove 30 anchor piles from Chapman Bay</FP>
        
        <P>Fill removal from Woodard and Chapman Bays will be accomplished from the uplands by heavy equipment and haul trucks. The creosoted pilings in the fill will be removed from the uplands by a crane-mounted vibratory hammer. This portion of the project is estimated to take approximately 12-14 weeks to complete. The majority of fill removal work is located in Woodard Bay, which is separated from the harbor seal haul-out areas (located in Chapman Bay) by land. This work will likely result in less disturbance of harbor seals than will the work located in Chapman Bay. In addition, the material to be removed will be hauled offsite by the contractor via Whitham Road, which is the main road into the NRCA and which leads away from the haul-out area (see Figure 4 of DNR's application). Fill removal will largely occur above the Ordinary High Water Mark. Fill removal activities may occur between November 1 and March 15. Chapman Bay fill removal is roughly 250 m from the south haul-out and 975 m from the north haul-out.</P>
        <P>Piling and structure removal work will be accomplished by barge and skiffs. The pilings will be removed by vibratory hammer or by direct pull with cables; both methods are suspended from a barge-mounted crane. The vibratory hammer is a large steel device lowered on top of the pile, which then grips and vibrates the pile until it is loosened from the sediment. The pile is then pulled up by the hammer and placed on a barge. For direct pull, a cable is set around the piling to grip and lift the pile from the sediment. The superstructure materials will be removed by excavator and/or cables suspended from a barge-mounted crane.</P>
        <P>Approximately 500 12- to 24-in diameter pilings, along with associated pier superstructure, will be removed near but not directly adjacent to haul-outs. After vibration, a choker is used to lift the pile out of the water where it is placed on the barge for transport to an approved disposal site. Pilings that cannot be removed by hammer or cable, or that break during extraction, will be recorded via GPS for divers to relocate at the final phase of project activities. The divers will then cut the pilings at or below the mudline using underwater chainsaws. Operations will begin on the pilings and structures that are furthest from the seal haul-out so that there is an opportunity for the seals to adjust to the presence of the contractors and their equipment. Vibratory extraction operations may occur between November 1 and January 15 and are expected to occur for approximately 20 days over the course of this work window. Other work days will be spent removing pier superstructure, which does not involve vibratory extraction, but has the potential to result in behavioral harassment due to the proximity to working crew. The portion of the Chapman Bay Pier that will be removed is approximately 100 m from the south haul-out area and 250 m from the north haul out.</P>
        <HD SOURCE="HD1">Comments and Responses</HD>
        <P>On July 30, 2012, we published a notice of proposed IHA (77 FR 44583) in response to DNR's request to take marine mammals incidental to restoration activities and requested comments and information concerning that request. During the 30-day public comment period, we received comments from the Marine Mammal Commission (Commission) on the proposed IHA. No other comments were received from the public.</P>

        <P>The Commission provided two recommendations that it has provided for each of the past two IHAs issued to DNR for substantially similar work. The Commission recommends that we (1) require the DNR to monitor for the presence of and to characterize behavior of marine mammals during all proposed in-water activities; and (2) that we require monitoring before, during, and after all soft starts of pile removal activities to gather the data needed to determine the effectiveness of this technique as a mitigation measure. We disagree with these recommendations,<PRTPAGE P="55461"/>and the Commission has not provided any information that would lead us to offer different responses from those offered in the past. Therefore, those responses, which may be found in past<E T="04">Federal Register</E>notices (75 FR 67951, 76 FR 67419), are not repeated here.</P>
        <HD SOURCE="HD1">Description of Marine Mammals in the Area of the Specified Activity</HD>
        <P>The only marine mammal species that may be harassed incidental to DNR's restoration activities is the harbor seal. Harbor seals are not listed as threatened or endangered under the ESA, nor are they categorized as depleted under the MMPA. We presented a more detailed discussion of the status of the Washington inland waters stock of harbor seals and its occurrence in the action area in the notice of the proposed IHA (77 FR 44583; July 30, 2012).</P>
        <HD SOURCE="HD1">Potential Effects on Marine Mammals</HD>
        <P>Potential effects of DNR's activities are likely to be limited to behavioral disturbance of seals at the two log boom haul-outs located in the action area. Other potential disturbance could result from the introduction of sound into the environment as a result of pile removal activities; however, this is unlikely to cause an appreciably greater amount of harassment in either numbers or degree, in part because it is anticipated that most seals will be disturbed initially by physical presence of crews and vessels or by sound from vessels.</P>
        <P>There is a general paucity of data on sound levels produced by vibratory extraction of timber piles; however, it is reasonable to assume that extraction will not result in higher sound pressure levels (SPLs) than vibratory installation of piles. As such, we assume that source levels from the specified activity will not be as high as average source levels for vibratory installation of 12-24 in steel piles (155-165 dB; Caltrans, 2009). Our general in-water harassment thresholds for pinnipeds exposed to continuous noise, such as that produced by vibratory pile extraction, are 190 dB root mean square (rms) re: 1 μPa as the potential onset of Level A (injurious) harassment and 120 dB RMS re: 1 μPa as the potential onset of Level B (behavioral) harassment.</P>
        <P>Vibratory extraction will not result in sound levels near 190 dB; therefore, injury will not occur. However, noise from vibratory extraction will likely exceed 120 dB near the source and may induce responses in-water such as avoidance or other alteration of behavior at time of exposure. However, seals flushing from haul-outs in response to small vessel activity and the presence of work crews would already be considered as `harassed'; therefore, any harassment resulting from exposure to sound pressure levels above the 120 dB criterion for behavioral harassment would not be considered additional.</P>
        <P>The airborne sound disturbance criteria currently used for Level B harassment is 90 dB rms re: 20 μPa for harbor seals. Based on information on airborne source levels measured for pile driving with vibratory hammer, removal of wood piles is unlikely to exceed 90 dB; further, the vibratory hammer will be outfitted with a muffling device ensuring that airborne SPLs are no higher than 80 dB.</P>
        <P>Potential effects of sound produced by the action on harbor seals were detailed in the notice of the proposed IHA (77 FR 44583; July 30, 2012). In short, while it may be inferred that temporary hearing impairment (temporary threshold shift; TTS) could theoretically result from the DNR project, it is highly unlikely, due to the source levels and duration of exposure possible. It is expected that elevated sound will have only a negligible probability of causing TTS in individual seals. Further, seals are likely to be disturbed via the approach of work crews and vessels long before the beginning of any pile removal operations and would be apprised of the advent of increased underwater sound via the soft start of the vibratory hammer. It is not expected that airborne sound levels will induce any form of behavioral harassment, much less TTS in individual pinnipeds.</P>

        <P>The DNR and other organizations, such as the Cascadia Research Collective, have been monitoring the behavior of harbor seals present within the NRCA since 1977. Past disturbance observations at Woodard Bay NRCA have shown that seal harassment results from the presence of non-motorized vessels (e.g., recreational kayaks and canoes), motorized vessels (e.g., fishing boats), and people (Calambokidis and Leathery, 1991; Buettner<E T="03">et al.,</E>2008). Results of these studies are described in the proposed IHA notice for this action. Based on these studies, we anticipate that the presence of work crews and vessels will result in behavioral harassment, primarily by flushing seals off log booms, or by causing short-term avoidance of the area or similar short-term behavioral disturbance.</P>
        <P>In summary, based on the preceding discussion and on observations of harbor seals during past management activities in Woodard Bay, we have determined that impacts to harbor seals during restoration activities will be limited to behavioral harassment of limited duration and limited intensity (i.e., temporary flushing at most) resulting from physical disturbance. It is anticipated that seals would be initially disturbed by the presence of crew and vessels associated with the habitat restoration project. Seals entering the water following such disturbance could also be exposed to underwater SPLs greater than 120 dB (i.e., constituting harassment); however, given the short duration and low energy of vibratory extraction of 12-24 in timber piles, PTS will not occur and TTS is not likely. Alternatively, the presence of work crews and vessels, or the introduction of sound into the water, could result in short-term avoidance of the area by seals seeking to use the haul-out. Abandonment of any portion of the haul-out is not expected, as harbor seals have been documented as quickly becoming accustomed to the presence of work crews. During similar activities carried out under the previous IHAs, seals showed no signs of abandonment or of using the haul-outs to a lesser degree.</P>
        <HD SOURCE="HD1">Anticipated Effects on Habitat</HD>
        <P>We provided a detailed discussion of the potential effects of this action on marine mammal habitat in the notice of the proposed IHA (77 FR 44583; July 30, 2012). While marine mammal habitat will be temporarily ensonified by low sound levels resulting from habitat restoration effort, no impacts to the physical availability of haul-out habitat will occur. It is expected that, at most, temporary disturbance of habitat potentially utilized by harbor seal prey species may occur as piles are removed. The DNR's restoration activities will result in a long-term net positive gain for marine mammal habitat, compared with minimal short-term, temporary impacts.</P>
        <HD SOURCE="HD1">Summary of Previous Monitoring</HD>
        <P>Please see the notice of the proposed IHA (77 FR 44583; July 30, 2012) for a summary of previous monitoring.</P>
        <HD SOURCE="HD1">Mitigation</HD>
        <P>In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses.</P>

        <P>The DNR will continue certain mitigation measures stipulated in the previous IHAs, designed to minimize disturbance to harbor seals within the<PRTPAGE P="55462"/>action area in consideration of timing, location, and equipment use. Foremost, pile, structure, and fill removal will only occur between November and March, outside of harbor seal pupping and molting seasons. Therefore, no impacts to pups from the specified activity during these sensitive time periods will occur. In addition, the following measures will be implemented:</P>
        <P>• The DNR will approach the action area slowly to alert seals to their presence from a distance and will begin pulling piles at the farthest location from the log booms used as harbor seal haul-out areas;</P>
        <P>• No piles within 30 yd (27 m) of the two main haul-out locations identified in the IHA application will be removed;</P>
        <P>• The contractor or observer will survey the operational area for seals before initiating activities and wait until the seals are at a sufficient distance (i.e., 50 ft [15 m]) from the activity so as to minimize the risk of direct injury from the equipment or from a piling or structure breaking free;</P>
        <P>• The DNR will require the contractor to initiate a vibratory hammer soft start at the beginning of each work day; and</P>
        <P>• The vibratory hammer power pack will be outfitted with a muffler to reduce in-air noise levels to a maximum of 80 dB.</P>
        <P>The soft start method involves a reduced energy vibration from the hammer for the first 15 seconds and then a 30-second waiting period. This method will be repeated twice before commencing with operations at full power.</P>
        <P>We have carefully evaluated the applicant's mitigation measures as proposed and considered their effectiveness in past implementation to determine whether they are likely to effect the least practicable adverse impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures includes consideration of the following factors in relation to one another: (1) The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals, (2) the proven or likely efficacy of the specific measure to minimize adverse impacts as planned; (3) the practicability of the measure for applicant implementation, including consideration of personnel safety, and practicality of implementation.</P>
        <P>Injury, serious injury, or mortality to pinnipeds could likely only result from startling animals inhabiting the haul-out into a stampede reaction. Even in the event that such a reaction occurred, it is unlikely that it will result in injury, serious injury, or mortality, as the activities will occur outside of the pupping season, and access to the water from the haul-outs is relatively easy and unimpeded. However, DNR will approach haul-outs gradually from a distance, and will begin daily work at the farthest distance from the haul-out in order to eliminate the possibility of such events. During the previous years of work under our authorization, implementation of similar mitigation measures has resulted in no known injury, serious injury, or mortality (other than one event considered atypical and outside the scope of the mitigation measures considered in relation to disturbing seals from the haul-outs). Based upon the DNR's record of management in the NRCA, as well as information from monitoring DNR's implementation of the improved mitigation measures as prescribed under the previous IHAs, we have determined that the planned mitigation measures provide the means of effecting the least practicable adverse impacts on marine mammal species or stocks and their habitat.</P>
        <HD SOURCE="HD1">Monitoring and Reporting</HD>
        <P>In order to issue an ITA for an activity, Section 101(a)(5)(D) of the MMPA states that we must set forth “requirements pertaining to the monitoring and reporting of such taking”. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present.</P>
        <P>DNR's monitoring plan adheres to protocols already established for Woodard Bay to the maximum extent practical for the specified activity. Monitoring of both the north and south haul-outs will occur for a total of 15 work days, during the first 5 days of project activities, when the contractors are mobilizing and starting use of the vibratory hammer; during 5 days when activities are occurring closest to the haul-out areas; and during 5 additional days, to include days when fill removal is occurring in Woodard Bay. It is not expected that Woodard Bay fill removal will result in seal disturbance; however, the stipulation that monitoring be conducted while this activity occurs is intended to ensure that such is the case. Monitoring of both haul-outs will be performed by at least one observer. The observer will (1) be on-site prior to crew and vessel arrival to determine the number of seals present pre-disturbance; (2) maintain a low profile during this time to minimize disturbance from monitoring; and (3) conduct monitoring beginning 30 minutes prior to crew arrival, during pile removal activities, and for 30 minutes after crew leave the site.</P>
        <P>The observer will record incidental takes (i.e., numbers of seals flushed from the haul-out). This information will be determined by recording the number of seals using the haul-out on each monitoring day prior to the start of restoration activities and recording the number of seals that flush from the haul-out or, for animals already in the water, display adverse behavioral reactions to vibratory extraction. A description of the disturbance source, the proximity in meters of the disturbance source to the disturbed animals, and observable behavioral reactions to specific disturbances will also be noted. In addition, the observer will record:</P>
        <P>• The number of seals using the haul-out on each monitoring day prior to the start of restoration activities for that day;</P>
        <P>• Seal behavior before, during and after pile and structure removal;</P>
        <P>• Monitoring dates, times and conditions;</P>
        <P>• Dates of all pile and structure removal activities; and</P>
        <P>• After correcting for observation effort, the number of seals taken over the duration of the habitat restoration project.</P>
        <P>Within 30 days of the completion of the project, DNR will submit a monitoring report that will include a summary of findings and copies of field data sheets and relevant daily logs from the contractor.</P>
        <HD SOURCE="HD1">Estimated Take by Incidental Harassment</HD>

        <P>We are authorizing DNR to take harbor seals, by Level B harassment only, incidental to specified restoration activities. These activities, involving extraction of creosoted timber piles and removal of derelict pier superstructure and fill, are expected to harass marine mammals present in the vicinity of the project site through behavioral disturbance only. Estimates of the number of marine mammals that may be harassed by the activities are based upon actual counts of harbor seals harassed during days monitored under the previous IHAs, and the estimated total number of working days. Methodology of take estimation was discussed in detail in our notice of proposed IHA (77 FR 44583; July 30, 2012).<PRTPAGE P="55463"/>
        </P>
        <P>DNR considers that 40 total work days (as opposed to the total work window, and not including days spent removing fill from the Woodard Bay area) may occur, potentially resulting in incidental harassment of harbor seals. Using the average count from monitoring under the previous IHAs, the result is an estimated incidental take of 1,680 harbor seals (40 days × 42 seals per day). We consider this to be a highly conservative estimate in comparison with the estimated actual take of 875 seals from 2010 and 231 seals from 2011, which is nonetheless based upon the best available information.</P>
        <HD SOURCE="HD1">Negligible Impact and Small Numbers Analysis and Determination</HD>
        <P>We have defined `negligible impact' in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” In determining whether or not authorized incidental take will have a negligible impact on affected species stocks, we consider a number of criteria regarding the impact of the proposed action, including the number, nature, intensity, and duration of Level B harassment take that may occur. Although DNR's restoration activities may harass pinnipeds hauled out in Woodard Bay, impacts are occurring to a small, localized group of animals. No mortality or injury is anticipated or authorized, and the specified activity is not expected to result in long-term impacts such as permanent abandonment of the haul-out. Seals will likely become alert or, at most, flush into the water in reaction to the presence of crews and equipment. However, seals have been observed as becoming habituated to physical presence of work crews, and quickly re-inhabit haul-outs upon cessation of stimulus. In addition, the specified restoration actions may provide improved habitat function for seals, both indirectly through a healthier prey base and directly through restoration and maintenance of man-made haul-out habitat. No impacts are expected at the population or stock level.</P>
        <P>No pinniped stocks known from the action area are listed as threatened or endangered under the ESA or determined to be strategic or depleted under the MMPA. Recent data suggests that harbor seal populations have reached carrying capacity.</P>
        <P>Although the estimated take of 1,680 is 11 percent of the estimated population of 14,612 for the Washington Inland Waters stock of harbor seals, the number of individual seals harassed will be lower, with individual seals likely harassed multiple times. In addition, although the estimated take is based upon the best information available, we consider the estimate to be highly conservative. For similar restoration activities in 2010-11, estimated actual take was much lower (875 seals over 35 work days in 2010 and 231 seals over 21 work days in 2011).</P>
        <P>Mitigation measures will minimize onset of sudden and potentially dangerous reactions and overall disturbance. In addition, restoration work is not likely to affect seals at both haul-outs simultaneously, based on location of the crew and barge. Further, although seals may initially flush into the water, based on previous disturbance studies and maintenance activity at the haul-outs, the DNR expects seals will quickly habituate to piling and structure removal operations. For these reasons no long term or permanent abandonment of the haul-out is anticipated. Much of the work planned for 2012-13 consists of fill removal, which does not require in-water work or vessel support, and is largely located in Woodard Bay, which is shielded from the haul-out locations by land. The specified activity is not anticipated to result in injury, serious injury, or mortality to any harbor seal. The DNR will not conduct habitat restoration operations during the pupping and molting season; therefore, no pups will be affected by the specified activity and no impacts to any seals will occur as a result of the specified activity during these sensitive time periods.</P>
        <P>Based on the foregoing analysis, behavioral disturbance to pinnipeds in Woodard Bay will be of low intensity and limited duration. To ensure minimal disturbance, DNR will implement the mitigation measures described previously, which we have determined will serve as the means for effecting the least practicable adverse effect on marine mammal stocks or populations and their habitat. We find that DNR's restoration activities will result in the incidental take of small numbers of marine mammals, and that the requested number of takes will have no more than a negligible impact on the affected species and stocks.</P>
        <HD SOURCE="HD1">Impact on Availability of Affected Species for Taking for Subsistence Uses</HD>
        <P>There are no relevant subsistence uses of marine mammals implicated by this action.</P>
        <HD SOURCE="HD1">Endangered Species Act (ESA)</HD>
        <P>There are no ESA-listed marine mammals found in the action area; therefore, no consultation under the ESA is required.</P>
        <HD SOURCE="HD1">National Environmental Policy Act (NEPA)</HD>

        <P>In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321<E T="03">et seq.</E>), as implemented by the regulations published by the Council on Environmental Quality (40 CFR parts 1500-1508), and NOAA Administrative Order 216-6, we prepared an Environmental Assessment (EA) to consider the direct, indirect and cumulative effects to the human environment resulting from issuance of an IHA to DNR. We signed a Finding of No Significant Impact on October 27, 2010. We have reviewed the application and determined that there are no substantial changes to the action or new environmental impacts or concerns. Therefore, we have determined that a new or supplemental EA or Environmental Impact Statement is unnecessary. The EA referenced above is available for review at<E T="03">http://www.nmfs.noaa.gov/pr/permits/incidental.htm.</E>
        </P>
        <HD SOURCE="HD1">Determinations</HD>
        <P>We have determined that the impact of conducting the specific activities described in this notice and in the IHA request in Woodard Bay, Washington may result, at worst, in temporary modifications in behavior (Level B harassment) of small numbers of marine mammals. Further, this activity is expected to result in a negligible impact on the affected stock of marine mammals. The provision requiring that the activity not have an unmitigable impact on the availability of the affected species or stock of marine mammals for subsistence uses is not implicated for this action.</P>
        <HD SOURCE="HD1">Authorization</HD>
        <P>As a result of these determinations, we have issued an IHA to DNR to conduct habitat restoration activities in Woodard Bay during the period of November 1, 2012, through March 15, 2013, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Helen M. Golde,</NAME>
          <TITLE>Acting Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22211 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55464"/>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC174</RIN>
        <SUBJECT>Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops</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 public workshops.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in October, November, and December of 2012. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2013 and will be announced in a future notice.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Atlantic Shark Identification Workshops will be held October 11, November 15, and December 12, 2012.</P>
          <P>The Protected Species Safe Handling, Release, and Identification Workshops will be held on October 10, October 17, November 7, November 15, December 5, and December 12, 2012.</P>
          <P>See<E T="02">SUPPLEMENTARY INFORMATION</E>for further details.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The Atlantic Shark Identification Workshops will be held in Somerville, MA; Mount Pleasant, SC; and Clearwater, FL.</P>
          <P>The Protected Species Safe Handling, Release, and Identification Workshops will be held in Wilmington, NC; Key Largo, FL; Kenner, LA; Boston, MA; Daytona Beach, FL; and Ronkonkoma, NY.</P>
          <P>See<E T="02">SUPPLEMENTARY INFORMATION</E>for further details on workshop locations.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Richard A. Pearson by phone: (727) 824-5399, or by fax: (727) 824-5398.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the Internet at:<E T="03">http://www.nmfs.noaa.gov/sfa/hms/workshops/.</E>
        </P>
        <HD SOURCE="HD1">Atlantic Shark Identification Workshops</HD>
        <P>Since January 1, 2008, Atlantic shark dealers have been prohibited from receiving, purchasing, trading, or bartering for Atlantic sharks unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit which first receives Atlantic sharks (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop are issued a certificate for each place of business that is permitted to receive sharks. These certificate(s) are valid for three years. Approximately 77 free Atlantic Shark Identification Workshops have been conducted since January 2007.</P>
        <P>Currently, permitted dealers may send a proxy to an Atlantic Shark Identification Workshop. However, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit which first receives Atlantic sharks. Only one certificate will be issued to each proxy. A proxy must be a person who is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and who fills out dealer reports. Atlantic shark dealers are prohibited from renewing a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location which first receives Atlantic sharks has been submitted with the permit renewal application. Additionally, trucks or other conveyances that are extensions of a dealer's place of business must possess a copy of a valid dealer or proxy Atlantic Shark Identification Workshop certificate.</P>
        <HD SOURCE="HD2">Workshop Dates, Times, and Locations</HD>
        <P>1. October 11, 2012, 12 p.m.—4 p.m., LaQuinta Inn &amp; Suites, 23 Cummings Street, Somerville, MA 02145.</P>
        <P>2. November 15, 2012, 12 p.m.—4 p.m., Hampton Inn &amp; Suites, 1104 Isle of Palms Connector, Mount Pleasant, SC 29464.</P>
        <P>3. December 12, 2012, 12 p.m.—4 p.m., LaQuinta Inn &amp; Suites, 5000 Lake Boulevard, Clearwater, FL 33760.</P>
        <HD SOURCE="HD2">Registration</HD>

        <P>To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander at<E T="03">esander@peoplepc.com</E>or at (386) 852-8588.</P>
        <HD SOURCE="HD2">Registration Materials</HD>
        <P>To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items to the workshop:</P>
        <P>• Atlantic shark dealer permit holders must bring proof that the attendee is an owner or agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification.</P>
        <P>• Atlantic shark dealer proxies must bring documentation from the permitted dealer acknowledging that the proxy is attending the workshop on behalf of the permitted Atlantic shark dealer for a specific business location, a copy of the appropriate valid permit, and proof of identification.</P>
        <HD SOURCE="HD2">Workshop Objectives</HD>
        <P>The Atlantic Shark Identification Workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses.</P>
        <HD SOURCE="HD1">Protected Species Safe Handling, Release, and Identification Workshops</HD>

        <P>Since January 1, 2007, shark limited-access and swordfish limited-access permit holders who fish with longline or gillnet gear have been required to submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). These certificate(s) are valid for three years. As such, vessel owners who have not already attended a workshop and received a NMFS certificate, or vessel owners whose certificate(s) will expire prior to the next permit renewal, must attend a workshop to fish with, or renew, their swordfish and shark limited-access permits. Additionally, new shark and swordfish limited-access permit applicants who intend to fish with longline or gillnet gear must attend a Protected Species Safe Handling, Release, and Identification Workshop and submit a copy of their workshop certificate before either of the permits will be issued. Approximately 136 free Protected Species Safe Handling,<PRTPAGE P="55465"/>Release, and Identification Workshops have been conducted since 2006.</P>
        <P>In addition to certifying vessel owners, at least one operator on board vessels issued a limited-access swordfish or shark permit that uses longline or gillnet gear is required to attend a Protected Species Safe Handling, Release, and Identification Workshop and receive a certificate. Vessels that have been issued a limited-access swordfish or shark permit and that use longline or gillnet gear may not fish unless both the vessel owner and operator have valid workshop certificates onboard at all times. Vessel operators who have not already attended a workshop and received a NMFS certificate, or vessel operators whose certificate(s) will expire prior to their next fishing trip, must attend a workshop to operate a vessel with swordfish and shark limited-access permits that uses longline or gillnet gear.</P>
        <HD SOURCE="HD2">Workshop Dates, Times, and Locations</HD>
        <P>1. October 10, 2012, 9 a.m.-5 p.m., Hilton Garden Inn, 6745 Rock Spring Road, Wilmington, NC 28405.</P>
        <P>2. October 17, 2012, 9 a.m.-5 p.m., Holiday Inn, 99701 Overseas Highway, Key Largo, FL 33037.</P>
        <P>3. November 7, 2012, 9 a.m.-5 p.m., Hilton, 901 Airline Drive, Kenner, LA 70062.</P>
        <P>4. November 15, 2012, 9 a.m.-5 p.m., Hilton, 1 Hotel Drive, Boston, MA 02128.</P>
        <P>5. December 5, 2012, 9 a.m.-5 p.m., Holiday Inn Express, 2620 West International Speedway Boulevard, Daytona Beach, FL 32114.</P>
        <P>6. December 12, 2012, 9 a.m.-5 p.m., Holiday Inn, 3845 Veterans Memorial Highway, Ronkonkoma, NY 11779.</P>
        <HD SOURCE="HD2">Registration</HD>
        <P>To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Angler Conservation Education at (386) 682-0158.</P>
        <HD SOURCE="HD2">Registration Materials</HD>
        <P>To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items with them to the workshop:</P>
        <P>• Individual vessel owners must bring a copy of the appropriate swordfish and/or shark permit(s), a copy of the vessel registration or documentation, and proof of identification.</P>
        <P>• Representatives of a business-owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable swordfish and/or shark permit(s), and proof of identification.</P>
        <P>• Vessel operators must bring proof of identification.</P>
        <HD SOURCE="HD2">Workshop Objectives</HD>
        <P>The Protected Species Safe Handling, Release, and Identification Workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. In an effort to improve reporting, the proper identification of protected species will also be taught at these workshops. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal of these workshops is to provide participants with the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22224 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMISSION OF FINE ARTS</AGENCY>
        <SUBJECT>Notice of Meeting</SUBJECT>
        <P>The next meeting of the U.S. Commission of Fine Arts is scheduled for 20 September 2012, at 9:00 a.m. in the Commission offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street NW., Washington, DC 20001-2728. Items of discussion may include buildings, parks, and memorials.</P>

        <P>Draft agendas and additional information regarding the Commission are available on our Web site:<E T="03">www.cfa.gov.</E>Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address; by emailing<E T="03">staff@cfa.gov;</E>or by calling 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.</P>
        <SIG>
          <DATED>Dated: August 30, 2012 in Washington, DC.</DATED>
          <NAME>Thomas Luebke,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-21938 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6331-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMODITY FUTURES TRADING COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <P>The following notice of a scheduled meeting is published pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, 5 U.S.C. 552b.</P>
        <PREAMHD>
          <HD SOURCE="HED">AGENCY HOLDING THE MEETING:</HD>
          <P>Commodity Futures Trading Commission.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">TIMES AND DATES:</HD>
          <P>The Commission has scheduled a meeting for the following date: September 12, 2012 at 9:30 a.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Three Lafayette Center, 1155 21st St. NW., Washington, DC, Lobby Level Hearing Room (Room 1300).</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>

          <P>The Commission has scheduled this meeting to consider various rulemaking matters, including the issuance of proposed rules and the approval of final rules. The agenda for this meeting is available to the public and posted on the Commission's Web site at<E T="03">http://www.cftc.gov</E>. In the event that the time or date of the meeting changes, an announcement of the change, along with the new time and place of the meeting will be posted on the Commission's Web site.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
          <P>Sauntia S. Warfield, Assistant Secretary of the Commission, 202-418-5084.</P>
        </PREAMHD>
        <SIG>
          <NAME>Sauntia S. Warfield,</NAME>
          <TITLE>Assistant Secretary of the Commission.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22250 Filed 9-6-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 6351-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Air Force</SUBAGY>
        <SUBJECT>US Air Force Exclusive Patent License</SUBJECT>
        <P>
          <E T="02">AGENCY</E>: Air Force Research Laboratory Information Directorate, Rome, New York, Department of the Air Force, DOD.</P>
        <P>
          <E T="02">ACTION</E>: Notice of Intent to Issue an Exclusive Patent License.</P>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Pursuant to the provisions of part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces<PRTPAGE P="55466"/>its intention to grant Trident Systems, Inc., a corporation of Virginia, having a place of business at 10201 Fairfax Blvd., Suite 300, Fairfax, VA, an exclusive license in any right, title and interest the United States Air Force has in: U.S. Patent No. 8,051,475, filed on March 27, 2007 and issued on November 1, 2011, entitled “Collaboration Gateway.”</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>An exclusive license for this patent will be granted unless a written objection is received within fifteen (15) days from the date of publication of this Notice. Written objections should be sent to: Air Force Research Laboratory, Office of the Staff Judge Advocate, AFRL/RIJ, 26 Electronic Parkway, Rome, New York 13441-4514. Telephone: (315) 330-2087; Facsimile (315) 330-7583.</P>
          <SIG>
            <NAME>Henry Williams Jr,</NAME>
            <TITLE>Acting Air Force Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22186 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-10-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army</SUBAGY>
        <SUBJECT>Environmental Impact Statement for Short Range-Projects and Update of the Real Property Master Plan for Fort Belvoir, VA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Army, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Intent.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Army announces its intent to conduct public scoping under the National Environmental Policy Act (NEPA) to gather information to prepare an Environmental Impact Statement (EIS) for proposed short-range improvement projects and the proposed update of the Real Property Master Plan (RPMP) for Fort Belvoir, VA. The EIS will analyze environmental impacts associated with the proposed short-range projects and anticipated land uses designated in a revised RPMP. The revised RPMP will incorporate a short-range component and a long-range component. The short-range component projects are proposed for the next five years, and the long-range component looks at land uses and potential development through 2030. The EIS will assess potential environmental impacts associated with future development and management of land, facilities, resources and infrastructure based on the population capacity identified in the revised RPMP. Additional site-specific NEPA analyses will be prepared for future development projects identified in the long-range component of the revised RPMP. The revised RPMP will incorporate adjustments to the land use plan in the RPMP that were made in the Final Environmental Impact Statement for Implementation of Base Realignment and Closure (BRAC) Recommendations and Related Army Actions at Fort Belvoir, VA (2007) and BRAC-related changes made since 2007.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Please send written comments to: Fort Belvoir Directorate of Public Works, Environmental and Natural Resources Division (RPMP EIS), 9430 Jackson Loop, Suite 200, Fort Belvoir, VA 22060-5116; or by email to<E T="03">imcom.fortbelvoir.dpw.environmental@us.army.mil</E>.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Fort Belvoir Directorate of Public Works, Environmental and Natural Resources Division at (703) 806-4007 or (703) 806-3193, during normal working business hours Monday-Friday, 8 a.m. to 4:00 p.m.; or by email to<E T="03">imcom.fortbelvoir.dpw.environmental@us.army.mil</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The analysis will focus on Fort Belvoir's Main Post (7,700 acres) and the Fort Belvoir North Area (800 acres, formerly called the Engineer Proving Ground). The update will not include Fort Belvoir property at Rivanna Station in Charlottesville, VA; the Mark Center in Alexandria, VA; or the Humphreys Engineer Center.</P>
        <P>The EIS will analyze environmental impacts of the short-range projects currently programmed for construction in fiscal years 2013-2017. These projects include new office buildings; community and recreational facilities; a Fisher House; industrial and maintenance facilities; privatization of utilities; long-term lease of additional land to the privatized housing partner; the National Museum of the U.S. Army; and roads. If and when these projects are completed, approximately 4,800 additional employees would be expected to work at Fort Belvoir.</P>
        <P>The Army is also updating its RPMP for Fort Belvoir by analyzing the on-post and off-post environmental impacts of reasonably foreseeable future development and management of real property (land uses, facilities, resources, infrastructure, and population capacity. The EIS will assess the potential direct, indirect, and cumulative environmental impacts associated with updating the RPMP to meet the Army's current and future planning needs.</P>
        <P>A range of reasonable alternatives will be analyzed in the EIS. Alternatives will reflect various scenarios for implementation of the short-range projects, combined with various scenarios for land use designations on the installation for longer range planning. The EIS will also consider a No Action alternative, under which the approved 1993 Master Plan (as amended in the 2007 BRAC EIS) would remain in effect. Other reasonable alternatives identified during the scoping process will be considered for evaluation in the EIS.</P>
        <P>The proposed short-range projects at Fort Belvoir could have significant impacts to traffic, air quality, and natural, cultural, and other resources. Long-range development could have significant impacts to the same resources. Mitigation measures will be identified for adverse impacts.</P>

        <P>Scoping and public comments: Federally-recognized Indian tribes, federal, state, and local agencies, organizations, and the public are invited to be involved in the scoping process for the preparation of this EIS by participating in meetings and/or submitting written comments. The scoping process will help identify possible alternatives, potential environmental impacts, and key issues of concern to be analyzed in the EIS. Written comments will be accepted within 30 days of publication of the NOI in the<E T="04">Federal Register</E>. Meetings will be held in Alexandria, VA. Notification of the times and locations for the scoping meetings will be published locally.</P>
        <SIG>
          <NAME>Brenda S. Bowen,</NAME>
          <TITLE>Army Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22225 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3710-08-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Project No. 13022-003]</DEPDOC>
        <SUBJECT>Barren River Lake Hydro LLC; Notice Soliciting Scoping Comments</SUBJECT>
        <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
        <P>a.<E T="03">Type of Application:</E>Original Major License.</P>
        <P>b.<E T="03">Project No.:</E>P-13022-003.</P>
        <P>c.<E T="03">Date filed:</E>December 9, 2011 and amended on June 21, 2012.</P>
        <P>d.<E T="03">Applicant:</E>Barren River Lake Hydro LLC (Barren River Hydro).</P>
        <P>e.<E T="03">Name of Project:</E>Barren River Lake Dam Hydroelectric Project.</P>
        <P>f.<E T="03">Location:</E>At the U.S. Army Corps of Engineers' (Corps) Barren River Lake Dam on the Barren River, in Barren and Allen counties, Kentucky. The project<PRTPAGE P="55467"/>would occupy 29.4 acres of United States lands administered by the Corps' Louisville District.</P>
        <P>g.<E T="03">Filed Pursuant to:</E>Federal Power Act 16 U.S.C. 791 (a)-825(r).</P>
        <P>h.<E T="03">Applicant Contact:</E>Brent Smith, Symbiotics LLC, 371 Upper Terrace, Suite 2, Bend, OR 97702; (541) 330-8779; or email at<E T="03">brent.smith@symbioticsenergy.com.</E>
        </P>
        <P>i.<E T="03">FERC Contact:</E>Allan Creamer at (202) 502-8365, or via email at<E T="03">allan.creamer@ferc.gov.</E>
        </P>
        <P>j.<E T="03">Deadline for filing scoping comments:</E>October 4, 2012.</P>

        <P>All documents may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site<E T="03">http://www.ferc.gov/docs-filing/efiling.asp.</E>Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at<E T="03">http://www.ferc.gov/docs-filing/ecomment.asp.</E>You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at<E T="03">FERCOnlineSupport@ferc.gov,</E>or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
        <P>k. This application is not ready for environmental analysis at this time.</P>
        <P>l. The proposed project would utilize the Corps' existing Barren River Lake Dam, and would consist of the following new facilities: (1) An upper intake structure with a center elevation of 533 feet mean sea level (msl) and a lower intake structure with a center elevation of 507.5 feet msl, each equipped with trashracks having 2-inch clear spacing; (2) two 220-foot-long penstocks, connecting the intakes to a 50-foot-diameter, 100-foot-long gate shaft; (3) a 50-by-60-foot gate house; (4) a 850-foot-long power tunnel and a 14-foot-diameter, 950-foot-long penstock, leading to; (5) a 100-foot-long, 65-foot-wide powerhouse containing one vertical Kaplan turbine unit with a total capacity of 6.8 megawatts (MW); (6) a 12-foot-diameter regulating bypass valve connected to the west side of the powerhouse; (7) a 110-foot-long, 80-foot-wide tailrace; (8) a tailwater aeration system; (9) a proposed 0.6-mile-long, 12.5 kilovolt (kV) transmission line; (10) a switchyard; (11) two access roads leading to the gatehouse and powerhouse; and (12) appurtenant facilities. The proposed project would have an average annual generation of 25.8 GWh, and operate in a run-of-release mode utilizing surplus water from the Barren River Lake Dam, as directed by the Corps.</P>

        <P>m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.</P>
        <P>n. You may also register online at<E T="03">http://www.ferc.gov/docs-filing/esubscription.asp</E>to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.</P>
        <P>o.<E T="03">Scoping Process:</E>
        </P>
        <P>The Commission staff intends to prepare a single Environmental Assessment (EA) for the Barren River Lake Dam Hydroelectric Project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.</P>
        <P>Commission staff does not propose to conduct any on-site scoping meetings at this time. Instead, we are soliciting comments, recommendations, and information, on the Scoping Document (SD) issued on August 31, 2012.</P>

        <P>Copies of the SD outlining the subject areas to be addressed in the EA were distributed to the parties on the Commission's mailing list and the applicant's distribution list. Copies of the SD may be viewed on the web at<E T="03">http://www.ferc.gov</E>using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, call 1-866-208-3676 or for TTY, (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22180 Filed 9-7-12; 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>[Project No. 14444-000]</DEPDOC>
        <SUBJECT>Placer County Water Agency; Notice of Application Accepted for Filing And Soliciting Comments, Motions To Intervene, Protests, Recommendations, and Terms and Conditions</SUBJECT>
        <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:</P>
        <P>a.<E T="03">Type of Application:</E>Conduit Exemption.</P>
        <P>b.<E T="03">Project No.:</E>14444-000.</P>
        <P>c.<E T="03">Date filed:</E>August 8, 2012.</P>
        <P>d.<E T="03">Applicant:</E>Placer County Water Agency.</P>
        <P>e.<E T="03">Name of Project:</E>Lincoln Metering Station Small Conduit Hydroelectric Project.</P>
        <P>f.<E T="03">Location:</E>The proposed Lincoln Metering Station Small Conduit Hydroelectric Project would be located at the applicant's Lincoln Metering Station in the town of Lincoln, Placer County, California. The Lincoln Metering Station is part of the applicant's municipal water supply system. The land on which all the project structures exist is owned by the applicant.</P>
        <P>g.<E T="03">Filed Pursuant to:</E>Federal Power Act 16 U.S.C. 791a-825r.</P>
        <P>h.<E T="03">Applicant Contact:</E>Mr. Brian C. Martin, Director of Technical Services, Placer County Water Agency, P.O. Box 6570, Auburn, CA 95604, phone (530) 823-4886.</P>
        <P>i.<E T="03">FERC Contact:</E>Kelly Houff, (202) 502-6393,<E T="03">Kelly.Houff@ferc.gov</E>.</P>
        <P>j.<E T="03">Status of Environmental Analysis:</E>This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions.</P>
        <P>k.<E T="03">Deadline for filing responsive documents:</E>Due to the small size of the proposed project, as well as the resource agency consultation letters filed with the application, the 60-day timeframe specified in 18 CFR 4.34(b) for filing all comments, motions to intervene, protests, recommendations, terms and conditions, and prescriptions is<PRTPAGE P="55468"/>shortened to 30 days from the issuance date of this notice. All reply comments filed in response to comments submitted by any resource agency, Indian tribe, or person, must be filed with the Commission within 45 days from the issuance date of this notice.</P>

        <P>Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under<E T="03">http://www.ferc.gov/docs-filing/efiling.asp</E>. The Commission strongly encourages electronic filings.</P>
        <P>The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, it must also serve a copy of the document on that resource agency.</P>
        <P>l.<E T="03">Description of Project:</E>The Lincoln Metering Station Small Conduit Hydroelectric Project would consist of: (1) A new powerhouse, approximately 800 square feet, adjacent to the existing metering facility, containing two generating units with a total installed capacity of 380 kilowatts; (2) a new discharge pipe approximately 18 feet in length; and (3) appurtenant facilities. The applicant estimates the project would have an average annual generation of 1.77 megawatt-hours.</P>

        <P>m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at<E T="03">http://www.ferc.gov</E>using the “eLibrary” link. Enter the docket number, P-14444, in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email<E T="03">FERCOnlineSupport@ferc.gov</E>. For TTY, call (202) 502-8659. A copy is also available for review and reproduction at the address in item h above.</P>
        <P>n.<E T="03">Development Application</E>—Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice.</P>
        <P>o.<E T="03">Notice of Intent</E>—A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit a competing development application. A notice of intent must be served on the applicant(s) named in this public notice.</P>
        <P>p.<E T="03">Protests or Motions to Intervene</E>—Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application.</P>
        <P>q. All filings must (1) Bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “COMMENTS”, “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and seven copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Office of Energy Projects, Federal Energy Regulatory Commission, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22181 Filed 9-7-12; 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>[Project No. 13005-003]</DEPDOC>
        <SUBJECT>Oliver Hydro LLC; Notice Soliciting Scoping Comments</SUBJECT>
        <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
        <P>a.<E T="03">Type of Application:</E>Original Major License.</P>
        <P>b.<E T="03">Project No.:</E>P-13005-003.</P>
        <P>c.<E T="03">Date filed:</E>December 14, 2011.</P>
        <P>d.<E T="03">Applicant:</E>Oliver Hydro LLC.</P>
        <P>e.<E T="03">Name of Project:</E>William Bacon Oliver Lock and Dam Hydroelectric Project</P>
        <P>f.<E T="03">Location:</E>At the U.S. Army Corps of Engineers' (Corps) William Bacon Oliver Lock and Dam on the Black Warrior River, in Tuscaloosa County, Alabama. The project would occupy 8.7 acres of United States lands administered by the Corps' Mobile District.</P>
        <P>g.<E T="03">Filed Pursuant to:</E>Federal Power Act 16 U.S.C. 791 (a)-825(r).</P>
        <P>h.<E T="03">Applicant Contact:</E>Brent Smith, Symbiotics LLC, 371 Upper Terrace, Suite 2, Bend, OR 97702; (541) 330-8779; or email at<E T="03">brent.smith@symbioticsenergy.com</E>.</P>
        <P>i.<E T="03">FERC Contact:</E>Allan Creamer at (202) 502-8365, or via email at<E T="03">allan.creamer@ferc.gov</E>.</P>
        <P>j.<E T="03">Deadline for filing scoping comments:</E>October 4, 2012.</P>

        <P>All documents may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site<E T="03">http://www.ferc.gov/docs-filing/efiling.asp</E>. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at<E T="03">http://www.ferc.gov/docs-filing/ecomment.asp</E>. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at<E T="03">FERCOnlineSupport@ferc.gov,</E>or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. Although the Commission strongly encourages electronic filing, documents may also be<PRTPAGE P="55469"/>paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
        <P>k. This application is not ready for environmental analysis at this time.</P>
        <P>l. The proposed project would utilize the Corps' existing William Bacon Oliver Lock and Dam, and would consist of the following new facilities: (1) A forebay; (2) an intake structure; (3) a powerhouse containing two generating units with a total capacity of 11.72 megawatts (MW); (4) a 150-foot-long, 68-foot-wide tailrace; (5) a proposed 1.7-mile-long, 25 kilovolt (kV) transmission line; (6) a switchyard; and (7) appurtenant facilities. The proposed project would have an average annual generation of 42.6 GWh, and operate in a run-of-river mode utilizing surplus water from the William Bacon Oliver Lock and Dam, as directed by the Corps.</P>

        <P>m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.</P>
        <P>n. You may also register online at<E T="03">http://www.ferc.gov/docs-filing/esubscription.asp</E>to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.</P>
        <P>o. Scoping Process</P>
        <P>The Commission staff intends to prepare a single Environmental Assessment (EA) for the William Oliver Bacon Lock and Dam Hydroelectric Project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.</P>
        <P>Commission staff does not propose to conduct any on-site scoping meetings at this time. Instead, we are soliciting comments, recommendations, and information, on the Scoping Document (SD) issued on August 31, 2012.</P>

        <P>Copies of the SD outlining the subject areas to be addressed in the EA were distributed to the parties on the Commission's mailing list and the applicant's distribution list. Copies of the SD may be viewed on the web at<E T="03">http://www.ferc.gov</E>using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, call 1-866-208-3676 or for TTY, (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22184 Filed 9-7-12; 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. PR09-33-002]</DEPDOC>
        <SUBJECT>Kinder Morgan Border Pipeline LLC; Notice of Motion for Extension of Rate Case Filing Deadline</SUBJECT>
        <P>Take notice that on August 30, 2012, Kinder Morgan Border Pipeline LLC (KM Border) filed a motion requesting an extension consistent with the Federal Energy Regulatory Commission's (Commission) revised policy of periodic review from a triennial to a five year period. The Commission, in Order No. 735, modified its policy concerning periodic reviews of rates charges by section 311 and Hinshaw pipelines to extend the cycle for such reviews from three to five years.<SU>1</SU>
          <FTREF/>Therefore, KM Border requests that the date for its next rate filing be extended to September 29, 2014, which is five years from the date of KM Border's most recent rate filing with this Commission.</P>
        <FTNT>
          <P>
            <SU>1</SU>Contract Reporting Requirements of Intrastate Natural Gas Companies, Order No. 735, 131 FERC ¶ 61,150 (May 20, 2010).</P>
        </FTNT>
        <P>Any person desiring to participate in this proceeding must file a motion to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at<E T="03">http://www.ferc.gov</E>. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>This filing is accessible on-line at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link and is 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>
        <P>
          <E T="03">Comment Date:</E>5 p.m. Eastern Time on Monday, September 10, 2012.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22183 Filed 9-7-12; 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. RM98-1-000]</DEPDOC>
        <SUBJECT>Records Governing Off-the-Record Communications</SUBJECT>
        <HD SOURCE="HD1">Public Notice</HD>
        <P>This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.</P>

        <P>Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.<PRTPAGE P="55470"/>
        </P>
        <P>Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.</P>
        <P>Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e) (1) (v).</P>

        <P>The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at<E T="03">http://www.ferc.gov</E>using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC, Online Support at<E T="03">FERCOnlineSupport@ferc.gov</E>or toll free at (866)  208-3676, or for TTY, contact (202) 502-8659.</P>
        <GPOTABLE CDEF="s100,13,xs120" COLS="03" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Docket No.</CHED>
            <CHED H="1">Communication date</CHED>
            <CHED H="1">Presenter or requester</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">Prohibited:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">1. CP08-6-000</ENT>
            <ENT>8-20-12</ENT>
            <ENT>Richard Kinder</ENT>
          </ROW>
          <ROW>
            <ENT I="03">2. CP11-161-000</ENT>
            <ENT>8-23-12</ENT>
            <ENT>Jolie DeFeis<SU>1</SU>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="22">Exempt:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">1. CP11-515-000</ENT>
            <ENT>8-24-12</ENT>
            <ENT>U.S. Fish &amp; Wildlife Staff<SU>2</SU>
            </ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>Email record.</TNOTE>
          <TNOTE>
            <SU>2</SU>Email record.</TNOTE>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22179 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[FRL-9725-8; EPA-HQ-OAR-2003-0039]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Reporting and Recordkeeping Requirements of the HCFC Allowance System; EPA ICR No. 2014.04</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501<E T="03">et seq.</E>), the U.S. Environmental Protection Agency (EPA) is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR will expire on 02/28/2013. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2003-0039 by one of the following methods:</P>
          <P>•<E T="03">www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>•<E T="03">Email: a-and-r-Docket@epa.gov.</E>
          </P>
          <P>•<E T="03">Fax:</E>202-566-1741.</P>
          <P>•<E T="03">Mail:</E>Docket # EPA-HQ-OAR-2003-0039, Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.</P>
          <P>•<E T="03">Hand Delivery:</E>Docket # EPA-HQ-OAR-2003-0039, Air and Radiation Docket and Information Center at EPA West, 1301 Constitution Avenue NW., Room 3334, Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No. EPA-HQ-OAR-2003-0039. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at<E T="03">www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through<E T="03">www.regulations.gov</E>or email. The<E T="03">www.regulations.gov</E>Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">www.regulations.gov</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA 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. For additional information about EPA's public docket visit the EPA Docket Center homepage at<E T="03">http://www.epa.gov/epahome/dockets.htm.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Robert Burchard, Stratospheric Protection Division, Office of Atmospheric Programs, 6205J, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343-9126; fax number: (202) 343-2338; email address:<E T="03">burchard.robert@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <PRTPAGE P="55471"/>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">How can I access the docket and/or submit comments?</HD>

        <P>EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2003-0039, which is available for online viewing at<E T="03">www.regulations.gov,</E>or in person at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC 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 Reading Room is 202-566-1744, and the telephone number for the Air and Radiation Docket is 202-566-1742.</P>
        <P>Use<E T="03">www.regulations.gov</E>to obtain a copy of the draft collection of information, submit or view public comments, access the index listing the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document.</P>
        <HD SOURCE="HD1">What information is EPA particularly interested in?</HD>
        <P>Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:</P>
        <P>(i) 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>(ii) 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>(iii) Enhance the quality, utility, and clarity of the information to be collected; and</P>
        <P>(iv) 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., electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.</P>
        <HD SOURCE="HD1">What should I consider when I prepare my comments for EPA?</HD>
        <P>You may find the following suggestions helpful for preparing your comments:</P>
        <P>1. Explain your views as clearly as possible and provide specific examples.</P>
        <P>2. Describe any assumptions that you used.</P>
        <P>3. Provide copies of any technical information and/or data you used that support your views.</P>
        <P>4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide.</P>
        <P>5. Offer alternative ways to improve the collection activity.</P>

        <P>6. Make sure to submit your comments by the deadline identified under<E T="02">DATES</E>.</P>

        <P>7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and<E T="04">Federal Register</E>citation.</P>
        <HD SOURCE="HD1">What information collection activity or ICR does this apply to?</HD>
        <P>
          <E T="03">Docket ID No.:</E>EPA-HQ-OAR-2003-0039.</P>
        <P>
          <E T="03">Affected entities:</E>Entities potentially affected by this action are producers, importers, exporters, transformers, and destroyers of HCFCs.</P>
        <P>
          <E T="03">Title:</E>Reporting and Recordkeeping Requirements of the HCFC Allowance System ICR numbers: EPA ICR No. 2014.04, OMB Control No. 2060-0498.</P>
        <P>
          <E T="03">ICR status:</E>This ICR will expire on 02/28/2013. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the<E T="04">Federal Register</E>when approved, are listed in 40 CFR part 9, are displayed either by publication in the<E T="04">Federal Register</E>or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.</P>
        <P>
          <E T="03">Abstract:</E>The international treaty<E T="03">The Montreal Protocol on Substances that Deplete the Ozone Layer</E>(Protocol) and Title VI of the Clean Air Act Amendments (CAAA) established limits on total U.S. production, import, and export of class I and class II controlled ozone depleting substances (referred to hereinafter as “controlled substances”).</P>
        <P>Under its Protocol commitments, the United States was obligated to cease production and import of class I controlled substances (e.g., chlorofluorocarbons or CFCs) with exemptions for essential uses, critical uses, previously-used material, and material that is transformed, destroyed, or exported to developing countries. The Protocol also establishes limits and reduction schedules leading to the eventual phaseout of class II controlled substances (i.e., hydrochlorofluorocarbons or HCFCs).</P>
        <P>The U.S. is obligated to limit HCFC consumption (defined by the Protocol as production plus imports, minus exports). The schedule called for a 35 percent reduction on January 1, 2004, followed by a 75 percent reduction on January 1, 2010, a 90 percent reduction on January 1, 2015, a 99.5 percent reduction on January 1, 2020, and a total phaseout on January 1, 2030. EPA is responsible for administering the phaseout.</P>
        <P>To ensure U.S. compliance with these limits and restrictions, EPA established an allowance system to control U.S. production and import of HCFCs by granting control measures referred to as baseline and calendar-year allowances. Baseline allowances are based on the historical activity of individual companies. Calendar-year allowances allow holders to produce and/or import controlled substances in a given year and are allocated as a percentage of baseline. There are two types of baseline and calendar-year allowances: consumption and production allowances. Since each allowance is equal to 1 kilogram of HCFC, EPA is able to monitor the quantity of HCFCs being produced, imported and exported. Transfers of production and consumption allowances among producers and importers are allowed and are tracked by EPA.</P>

        <P>The above-described limits and restrictions are monitored by EPA through the recordkeeping and reporting requirements established in the regulations in 40 CFR part 82, subpart A. To submit required information, regulated entities can download reporting forms from EPA's Web site (<E T="03">http://www.epa.gov/ozone/record</E>), complete them, and send them to EPA electronically, via mail, courier, or fax.</P>

        <P>Upon receipt of the reports, the data is entered into the ODS Tracking System. The ODS Tracking System is a secure database that maintains the data submitted to EPA and helps the agency: (1) Maintain oversight over total production and consumption of controlled substances; (2) monitor compliance with limits and restrictions on production, imports, and trades and specific exemptions from the phaseout for individual U.S. companies; and (3)<PRTPAGE P="55472"/>assess, and report on, compliance with U.S. obligations under the Montreal Protocol.</P>
        <P>EPA has implemented an electronic reporting system that allows regulated entities to prepare and submit data electronically. Coupled with the widespread use of the standardized forms, electronic reporting has improved data quality and made the reporting process efficient for both reporting companies and EPA. Most reporting is done electronically.</P>
        <P>Pursuant to regulations in 40 CFR part 2, subpart B, reporting businesses are entitled to assert a business confidentiality claim covering any part of the submitted business information as defined in 40 CFR 2.201(c). EPA's practice is to manage the reported information as confidential business information.</P>
        <P>
          <E T="03">Burden Statement:</E>The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1,601 hours and $161,793. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.</P>
        <P>The ICR provides a detailed explanation of the agency's estimate, which is only briefly summarized here:</P>
        <P>
          <E T="03">Estimated total number of potential respondents:</E>49.</P>
        <P>
          <E T="03">Frequency of response:</E>Annually, quarterly, or as needed (depending on the report).</P>
        <P>
          <E T="03">Estimated total average number of responses for each respondent:</E>7.</P>
        <P>
          <E T="03">Estimated total annual burden hours:</E>1,601.</P>
        <P>
          <E T="03">Estimated total annual costs:</E>$161,793. This includes an estimated burden cost of $160,428 and an estimated cost of $1,365 for capital investment or maintenance and operational costs.</P>
        <HD SOURCE="HD1">Are there changes in the estimates from the last approval?</HD>
        <P>There is a decrease of 259 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects the expansion of the electronic reporting program.</P>
        <HD SOURCE="HD1">What is the next step in the process for this ICR?</HD>

        <P>EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another<E T="04">Federal Register</E>notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact Robert Burchard at<E T="03">burchard.robert@epa.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Drusilla Hufford,</NAME>
          <TITLE>Director, Stratospheric Protection Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22206 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States (Export-Import Bank).</P>
        </ACT>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND PLACE:</HD>
          <P>September 25, 2012 from 9:30 a.m. to 12:30 p.m. The meeting will be held at the Export-Import Bank in Room 326, 811 Vermont Avenue NW., Washington, DC 20571.</P>
        </PREAMHD>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Advisory Committee was established November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the reports of the Export-Import Bank of the United States to Congress.</P>
        </SUM>
        <PREAMHD>
          <HD SOURCE="HED">AGENDA:</HD>
          <P>Presentations by Export-Import Bank staff on its priority congressional mandates on Sub-Saharan Africa, renewable energy and small business; an update by the Export Import Bank on its fiscal year-end business portfolio; and discussion led by the Advisory Committee on its recommendations for the Export-Import Bank's programs.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PUBLIC PARTICIPATION:</HD>
          <P>The meeting will be open to public participation, and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please contact, prior to September 25, 2012, Richard Thelen, 811 Vermont Avenue NW., Washington, DC 20571, Voice: (202) 565-3515 or TDD (202) 565-3377.</P>
        </PREAMHD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For further information, contact Richard Thelen, 811 Vermont Avenue NW., Washington, DC 20571, (202) 565-3515.</P>
          <SIG>
            <NAME>Sharon A. Whitt,</NAME>
            <TITLE>Agency Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22349 Filed 9-6-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FARM CREDIT ADMINISTRATION</AGENCY>
        <SUBJECT>Farm Credit Administration Board; Sunshine Act; Regular Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Farm Credit Administration.</P>
        </AGY>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board).</P>
        </SUM>
        <PREAMHD>
          <HD SOURCE="HED">DATE AND TIME:</HD>
          <P>The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on September 13, 2012, from 9 a.m. until such time as the Board concludes its business.</P>
        </PREAMHD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dale L. Aultman, Secretary to the Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056.</P>
        </FURINF>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Parts of this meeting of the Board will be open to the public (limited space available) and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are:</P>
        <HD SOURCE="HD1">Open Session</HD>
        <HD SOURCE="HD2">
          <E T="03">A. Approval of Minutes</E>
        </HD>
        <P>• August 9, 2012.</P>
        <HD SOURCE="HD2">
          <E T="03">B. New Business</E>
        </HD>
        <P>• Senior Officer Compensation Disclosures and Related Topics—Final Rule.</P>
        <P>• System Audit Committee—Final Rule.</P>
        <HD SOURCE="HD2">
          <E T="03">C. Reports</E>
        </HD>
        <P>• Quarterly Report on Farm Credit System Condition.<PRTPAGE P="55473"/>
        </P>
        <HD SOURCE="HD1">Closed Session *<FTREF/>
        </HD>
        <P>• Office of Examination Supervisory and Oversight Activities Report.</P>
        <FTNT>
          <P>* Session Closed—Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9).</P>
        </FTNT>
        <SIG>
          <DATED>Dated: September 6, 2012.</DATED>
          <NAME>Dale L. Aultman,</NAME>
          <TITLE>Secretary, Farm Credit Administration Board.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22342 Filed 9-6-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 6705-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <DEPDOC>[DA 12-1372]</DEPDOC>
        <SUBJECT>Emergency Access Advisory Committee; Announcement of Date of Next Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This document announces the date of the Emergency Access Advisory Committee's (Committee or EAAC) next meeting. The September meeting will receive reports from seven subcommittees continuing work from 2011, and will consider activities for 2012. The seven subcommittees cover: Text-to-911 Solutions, Interim to NG911; Interoperability Testing; PSAP Sign Language and other Communication Assistance; Detailed Report Sections from 2011; NENA i3 compared to EAAC Recommendations; TTY Transition/Roadmap; and, Timeline Alignment for Phasing into NG911 PSAPs.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Committee's next meeting will take place on Friday, September 14, 2012, 10:30 a.m. to 3:30 p.m. (EST), at the headquarters of the Federal Communications Commission (FCC).</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, in the Commission Meeting Room.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Cheryl King, Consumer and Governmental Affairs Bureau, (202) 418-2284 (voice) or (202) 418-0416 (TTY), email:<E T="03">Cheryl.King@fcc.gov</E>and/or Patrick Donovan, Public Safety and Homeland Security Bureau, (202) 418-2413, email:<E T="03">Patrick.Donovan@fcc.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On December 7, 2010, in document DA 10-2318, Chairman Julius Genachowski announced the establishment and appointment of members and Co-Chairpersons of the EAAC, an advisory committee required by the Twenty-First Century Communications and Video Accessibility Act (CVAA), Public Law 11-260, for the purpose of achieving equal access to emergency services by individuals with disabilities as part of our nation's migration to a national Internet protocol-enabled emergency network, also known as the next generation 9-1-1 system (NG9-1-1). The purpose of the EAAC is to determine the most effective and efficient technologies and methods by which to enable access to Next Generation 911 (NG 9-1-1) emergency services by individuals with disabilities, and to make recommendations to the Commission on how to achieve those effective and efficient technologies and methods. During the spring of 2011, the EAAC conducted a nationwide survey of individuals with disabilities and released a report on that survey on June 21, 2011. Following release of the survey report, the EAAC developed recommendations, which it submitted to the Commission on December 7, 2011, as required by the CVAA. At the September 2012 EAAC meeting, the seven subcommittees of the EAAC will present reports and consider activities for 2012.</P>

        <P>The meeting site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, and assistive listening devices will be provided on site. Other reasonable accommodations for people with disabilities are available upon request. In your request, include a description of the accommodation you will need and a way we can contact you if we need more information. Last minute requests will be accepted, but may be impossible to fill. Send an email to:<E T="03">fcc504@fcc.gov</E>or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).</P>

        <P>To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to<E T="03">fcc504@fcc.gov</E>or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).</P>
        <SIG>
          <FP>Federal Communications Commission.</FP>
          <NAME>Karen Peltz Strauss,</NAME>
          <TITLE>Deputy Chief, Consumer and Governmental Affairs Bureau.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22133 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL DEPOSIT INSURANCE CORPORATION</AGENCY>
        <SUBJECT>Agency Information Collection Activities; Renewal of a Currently Approved Collection; Comment Request; Basel II Recordkeeping and Disclosures</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Deposit Insurance Corporation (FDIC).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). The FDIC is soliciting comments concerning the currently approved Basel II—Recordkeeping and Disclosures information collection, which is being renewed without change pending OMB review and action on proposed changes to the collection arising from proposed rules published in the<E T="04">Federal Register</E>on August 30, 2012, and entitled<E T="03">Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action</E>(77 FR 52792);<E T="03">Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements</E>(77 FR 52888);<E T="03">Regulatory Capital Rules: Advanced Approaches Risk-Based Capital Rule; Market Risk Capital Rule</E>(77 FR 52978).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested parties are invited to submit written comments to the FDIC by any of the following methods:</P>
          <P>•<E T="03">http://www.FDIC.gov/regulations/laws/federal/notices.html</E>
          </P>
          <P>•<E T="03">Email: comments@fdic.gov</E>Include the name of the collection in the subject line of the message.</P>
          <P>•<E T="03">Mail:</E>Leneta G. Gregorie (202-898-3719), Counsel, Room NY-5050, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429.</P>
          <P>•<E T="03">Hand Delivery:</E>Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.</P>
          

          <FP>All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC:<PRTPAGE P="55474"/>Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.</FP>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Leneta Gregorie, at the FDIC address above.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">Proposal to renew the following currently approved collections of information:</P>
        <P>
          <E T="03">Title:</E>Basel II: Disclosures and Recordkeeping.</P>
        <P>
          <E T="03">OMB Number:</E>3064-0153.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion.</P>
        <P>
          <E T="03">Affected Public:</E>Insured state nonmember banks and state savings institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>8.</P>
        <P>
          <E T="03">Estimated Average Time per Response:</E>implementation—330 hours; systems maintenance—27.9 hours; disclosures—5.79 hours; control, oversight and verification—11.05 hours; documentation—19 hours; and supervisory approvals—16.82 hours.</P>
        <P>
          <E T="03">Total Annual Burden:</E>3,284 hours.</P>
        <P>
          <E T="03">General Description of Collection:</E>On December 7, 2007, the FDIC, the Office of the Comptroller, and the Federal Reserve Board (collectively, the “Agencies”) issued the joint final rule titled<E T="03">Risk-Based Capital Standards: Advanced Capital Adequacy Framework</E>(final rule) implementing a new risk-based regulatory capital framework for institutions in the United States. The final rule requires certain large or internationally active banks and bank holding companies (BHCs) to (1) adopt a written implementation plan, (2) update that plan for any mergers, (3) obtain prior written approvals for the use of certain approaches for determining risk-weighted assets, and (4) make certain public disclosures regarding their capital ratios, their components, and information on implicit support provided to a securitization. There are no required reporting forms associated with this information collection.</P>
        <P>The Agencies, on August 30, 2012, proposed three rules that would amend this collection:</P>
        <P>
          <E T="03">Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action</E>(77 FR 52792);<E T="03">Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements</E>(77 FR 52888); and<E T="03">Regulatory Capital Rules: Advanced Approaches Risk-based Capital Rules; Market Risk Capital Rule</E>(77 FR 52978). An information collection request to revise and rename the collection on the basis of the three rules has been submitted to OMB for review. However, since the FDIC's collection expires on January 31, 2013, the FDIC is proceeding with the renewal process to ensure continuation of the collection in the event that OMB does not act on the FDIC's request to revise the collection prior to its expiration date.</P>
        <HD SOURCE="HD1">Request for Comment</HD>
        <P>Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, 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 information collection on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record.</P>
        <SIG>
          <DATED>Dated at Washington, DC, this 4th day of September, 2012.</DATED>
          
          <FP>Federal Deposit Insurance Corporation.</FP>
          <NAME>Valerie J. Best,</NAME>
          <TITLE>Assistant Executive Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22191 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6714-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL DEPOSIT INSURANCE CORPORATION</AGENCY>
        <SUBJECT>Notice to All Interested Parties of the Termination of the Receivership of 10233, Access Bank, Champlin, MN</SUBJECT>
        <P>
          <E T="03">Notice is hereby given</E>that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Access Bank, (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Access Bank on May 7, 2010. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.</P>
        <P>Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 8.1, 1601 Bryan Street, Dallas, TX 75201.</P>
        <P>No comments concerning the termination of this receivership will be considered which are not sent within this time frame.</P>
        <SIG>
          <FP>Federal Deposit Insurance Corporation.</FP>
          
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Valerie J. Best,</NAME>
          <TITLE>Assistant Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22192 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6714-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meetings</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">AGENCY HOLDING THE MEETING:</HD>
          <P>Federal Maritime Commission.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>September 12, 2012—2:00 p.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>800 North Capitol Street NW., First Floor Hearing Room, Washington, DC.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>The meeting will be held in Open and Closed Session.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P/>
        </PREAMHD>
        <HD SOURCE="HD1">Open Session</HD>
        <P>1. Briefing on Logistica De Las Americas Conference.</P>
        <P>2. Docket No. 11-05: Amendments to the Commission's Rules of Practice and Procedure.</P>
        <P>3. Docket No. 11-16: Passenger Vessel Operator Financial Responsibility Requirements for Nonperformance of Transportation.</P>
        <P>4. Docket No. 12-07: Solicitation of Views on Requests to Develop and Release Container Freight Rate Indices for U.S. Agricultural Exports based on a Sampling of Service Contracts filed with the FMC.</P>
        <HD SOURCE="HD1">Closed Session</HD>
        <P>1. Rate and Surcharge Trends in the Trans Pacific Trade.</P>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
          <P>Karen V. Gregory, Secretary, (202) 523-5725.</P>
        </PREAMHD>
        <SIG>
          <NAME>Rachel E. Dickon,</NAME>
          <TITLE>Assistant Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22200 Filed 9-6-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55475"/>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <AGENCY TYPE="O">GENERAL SERVICES ADMINISTRATION</AGENCY>
        <AGENCY TYPE="O">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</AGENCY>
        <DEPDOC>[Docket 2012-0076; Sequence 39; OMB Control No. 9000-0053]</DEPDOC>
        <SUBJECT>Federal Acquisition Regulation; Information Collection; Permits, Authorities, or Franchises</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of request for public comments regarding an extension of a previously existing OMB clearance.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning permits, authorities, or franchises for regulated transportation.</P>
          <P>Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit comments identified by<E T="03">Information Collection 9000-0053, Permits, Authorities, or Franchises,</E>by any of the following methods:</P>
          <P>•<E T="03">Regulations.gov: http://www.regulations.gov</E>.</P>
          <P>Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0053, Permits, Authorities, or Franchises”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0053, Permits, Authorities, or Franchises” on your attached document.</P>
          <P>•<E T="03">Fax:</E>202-501-4067.</P>
          <P>•<E T="03">Mail:</E>General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000-0053, Permits, Authorities, or Franchises.</P>
          <P>
            <E T="03">Instructions:</E>Please submit comments only and cite Information Collection 9000-0053, Permits, Authorities, or Franchises, in all correspondence related to this collection. All comments received will be posted without change to<E T="03">http://www.regulations.gov,</E>including any personal and/or business confidential information provided.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Michael O. Jackson, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA (202) 208-4949 or email<E T="03">michaelo.jackson@gsa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">A. Purpose</HD>
        <P>The FAR requires insertion of clause 52.247-2, Permits, Authorities, or Franchises, when regulated transportation is involved. The clause requires the contractor to indicate whether it has the proper authorization from the Federal Highway Administration (or other cognizant regulatory body) to move material. The contractor may be required to provide copies of the authorization before moving material under the contract. The clause also requires the contractor, at its expense, to obtain and maintain any permits, franchises, licenses, and other authorities issued by State and local governments. The Government may request to review the documents to ensure that the contractor has complied with all regulatory requirements.</P>
        <HD SOURCE="HD1">B. Annual Reporting Burden</HD>

        <P>The estimated annual reporting burden has decreased from what was published in the<E T="04">Federal Register</E>at 74 FR 56640, on November 2, 2009. The decrease is based on a revised estimate of the number of respondents, responses per year and response time per response. According to Fiscal Year 2011 Federal Procurement Data System (FPDS) data, 3,877 contracts were awarded to 1021 unique vendors under the North American Industry Classification System (NAICS) code 484 for trucking, where the requirements for this collection would apply. It is estimated that a maximum of 25%, or 255 of these vendors would be required to provide the information required by the clause. The information need only be gathered and submitted on an exception basis. We estimate that any respondent will be required to submit supporting information only one time annually. In addition, we think that it will take the contractor only half an hour to pull existing franchises or permits from the files.</P>
        <P>
          <E T="03">Respondents:</E>255.</P>
        <P>
          <E T="03">Responses per Respondent:</E>1.</P>
        <P>
          <E T="03">Annual Responses:</E>255.</P>
        <P>
          <E T="03">Hours Per Response:</E>0.5.</P>
        <P>
          <E T="03">Total Burden Hours:</E>128.</P>
        <P>
          <E T="03">Obtaining Copies of Proposals:</E>Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control No. 9000-0053, Permits, Authorities, or Franchises, in all correspondence.</P>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>William Clark,</NAME>
          <TITLE>Acting Director, Federal Acquisition Policy Division, Office of Acquisition Policy, Office of Governmentwide Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22202 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6820-EP-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Agency for Healthcare Research and Quality</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Agency for Healthcare Research and Quality, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: “A Prototype Consumer Reporting System for Patient Safety Events.” In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521, AHRQ invites the public to comment on this proposed information collection.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on this notice must be received by November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments should be submitted to: Doris Lefkowitz, Reports Clearance Officer, AHRQ, by email at<E T="03">doris.lefkowitz@AHRQ.hhs.gov.</E>Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.</P>
        </ADD>
        <FURINF>
          <PRTPAGE P="55476"/>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Doris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at<E T="03">doris.lefkowitz@AHRO.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Proposed Project</HD>
        <HD SOURCE="HD2">A Prototype Consumer Reporting System for Patient Safety Events</HD>
        <P>The Agency for Healthcare Research and Quality (AHRQ) requests that the Office of Management and Budget (OMB) approve, under the Paperwork Reduction Act of 1995, AHRQ's collection of information for a Prototype Consumer Reporting System for Patient Safety Events. This project aims to design and test a system for collecting information from patients about health care safety events following standard definitions and formats.</P>
        <P>There is a growing body of evidence that many adverse medical events go unreported in current systems (Weissman et al., 2008). A primary reason for this reporting gap is that most reporting systems do not presently accept or elicit reports from patients and their families (RTI 2010). AHRQ recognizes that the unique perspective of health care consumers could reveal important information that is not reported by health care providers. Patient reports could complement and enhance reports from providers and thus produce a more complete and accurate understanding of the prevalence and characteristics of medical adverse events (RTI, 2010).</P>

        <P>In an effort to realize untapped potential of health care consumers to provide important information about patient safety events, AHRQ has funded the development of a prototype Consumer Reporting System for Patient Safety (CRSPS), designed to collect information from medical patients about medical errors that resulted or nearly resulted in harm or injury. The purpose of this project is to test the prototype for its ability to record data from consumers about patient safety events defined as an incident or near miss by the AHRQ Common Formats (AHRQ, 2010, details at:<E T="03">www.pso.ahrq.gov/formats/commonfmt.htm</E>).</P>
        <P>Currently there is no mechanism for consumers to report information about patient safety events defined as an incident or near miss by the AHRQ Common Formats. Such information is necessary for research on how to improve the quality of health care, promote patient safety and reduce medical errors. There is a need to collect this information from consumers and match these consumer reports to the information collected by providers, because the two sources may differ. Examining data from both sources allows the project to determine to what extent patients are able to provide more complete or more detailed information.</P>
        <P>This research has the following goals:</P>
        <P>1. To develop and design a prototype system to collect information about patient safety events.</P>
        <P>2. To develop and test Web and telephone modes of a prototype questionnaire.</P>
        <P>3. To develop and test protocols for a follow-up survey of health care providers.</P>
        <P>This demonstration project is being conducted by AHRQ through its contractor, RAND Corporation with Brigham and Women's Hospital, Dana Farber Cancer Institute, and ECRI Institute, pursuant to AHRQ's statutory authority to conduct and support research on health care and on systems for the delivery of such care, including activities with respect to the quality, effectiveness, efficiency, appropriateness and value of health care services and with respect to quality measurement and improvement. 42 U.S.C. 299a(a)(1) and (2).</P>
        <HD SOURCE="HD1">Method of Collection</HD>
        <P>To achieve the goal of this project the following data collections will be implemented:</P>
        <P>1. Safety event intake form and follow up. The safety event intake form asks about a medical error or mistake, harm or injury as well as near misses. Medical patients, consumers, family members and other caregivers voluntarily report safety events through a Web site or by telephone. The questions ask what happened, details of the event, when, where, whether there was harm, the type of harm, contributing factors, disclosure, and whether the patient reported the event and to whom. Information is also collected regarding whether the respondent is willing to have CRSPS staff follow up to clarify information. If a respondent consents, CRSPS staff will follow up by phone and ask questions about any information that was not clear in the initial report and annotate the report with this information.</P>
        <P>2. Health care provider follow up. For the subset of consumers that consent, patient safety officers at health care provider organizations who maintain the adverse event reporting system will contribute supplemental information about the consumer-reported incident which occurred at their facility. CRSPS staff will contact the health care organization to share the consumer report with the patient safety officer or other appointed liaison. The liaison will determine if the consumer-reported incident matches an event in the provider's Incident Reporting System, and if so, provide additional information.</P>
        <P>Data collected will be analyzed to produce estimates and basic descriptive statistics on the quantity and type of consumer-reported patient safety events, examine the variability of responses to questions, examine the mode of data collection by event types, and conduct correlations, cross tabulations of responses and other statistical analysis.</P>
        <HD SOURCE="HD1">Estimated Annual Respondent Burden</HD>
        <P>Exhibit 1 shows the estimated annualized burden hours for respondents' time to participate in this information collection based on the expected number of respondents, 840 to the intake form and 84 to the provider follow up. The number of respondents is based on the size of the selected community, estimates of health care utilization, rates of adverse events, and response rates in similar investigations. The intake form is expected to maximally require 25 minutes via the Web or telephone including the optional 10 minutes of follow-up questions, resulting in a total burden of 490 hours. The health care provider follow up is expected to take 20 minutes and only occurs for the estimated 10% of patients consenting; this form carries a total burden of 28 hours. The total burden is 518 hours annually.</P>
        <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
          <TTITLE>Exhibit 1—Estimated Annualized Burden Hours</TTITLE>
          <BOXHD>
            <CHED H="1">Form name</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per respondent</LI>
            </CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Safety event intake form and follow up</ENT>
            <ENT>840</ENT>
            <ENT>1</ENT>
            <ENT>35/60</ENT>
            <ENT>490</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Health care provider follow up</ENT>
            <ENT>84</ENT>
            <ENT>1</ENT>
            <ENT>20/60</ENT>
            <ENT>28</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="55477"/>
            <ENT I="03">Total</ENT>
            <ENT>924</ENT>
            <ENT>NA</ENT>
            <ENT>NA</ENT>
            <ENT>518</ENT>
          </ROW>
        </GPOTABLE>
        <P>Exhibit 2 shows the estimated annualized cost burden for patients, $10,652, and for the health care organization, $885, for a total annualized cost burden of $11,537. Respondents will not incur any other costs beyond those associated with their time to participate.</P>
        <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
          <TTITLE>Exhibit 2—Estimated Annualized Cost Burden</TTITLE>
          <BOXHD>
            <CHED H="1">Form name</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Total burden hours</CHED>
            <CHED H="1">Average hourly wage rate</CHED>
            <CHED H="1">Total cost<LI>burden</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Safety event intake form and follow up</ENT>
            <ENT>840</ENT>
            <ENT>490</ENT>
            <ENT>$21.74 *</ENT>
            <ENT>$10,652</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Health care provider follow up</ENT>
            <ENT>84</ENT>
            <ENT>28</ENT>
            <ENT>31.61 **</ENT>
            <ENT>885</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT>924</ENT>
            <ENT>518</ENT>
            <ENT>NA</ENT>
            <ENT>11,537</ENT>
          </ROW>

          <TNOTE>* Based upon the mean of the average Wages, National Compensation Survey: Occupational Wages in the United States, May 2011, U.S. Department of Labor, Bureau of Labor Statistics.<E T="03">http://www.bls.gov/oes/current/oes_nat.htm#00-0000</E>
          </TNOTE>
          <TNOTE>

            <SU>**</SU>Based upon the mean of the average wages, National Compensation Survey: Occupational Wages in the United States, May 2011: Occupational Health and Safety Specialists (General Medical and Surgical Hospitals). U.S. Department of Labor, Bureau of Labor Statistics.<E T="03">http://www.bls.gov/oes/current/oes299011.htm</E>
          </TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD1">Estimated Annual Cost to the Government</HD>
        <P>AHRQ is supporting the conduct of this project as part of a contract with the RAND Corporation and the ECRI Institute. The estimated cost for this work is $899,827.</P>
        <GPOTABLE CDEF="s100,14,14" COLS="3" OPTS="L2,i1">
          <TTITLE>Exhibit 3—Estimated Annualized Cost</TTITLE>
          <BOXHD>
            <CHED H="1">Cost component</CHED>
            <CHED H="1">Total cost</CHED>
            <CHED H="1">Annualized cost</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Intake Form Development</ENT>
            <ENT>$364,375</ENT>
            <ENT>$242,917</ENT>
          </ROW>
          <ROW>
            <ENT I="01">System Development</ENT>
            <ENT>413,860</ENT>
            <ENT>275,907</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Project Management</ENT>
            <ENT>35,325</ENT>
            <ENT>23,550</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Overhead</ENT>
            <ENT>86,267</ENT>
            <ENT>57,511</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT>899,827</ENT>
            <ENT>599,885</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">Request for Comments</HD>
        <P>In accordance with the Paperwork Reduction Act, comments on AHRQ's information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ's estimate of burden (including hours and costs) of the proposed collection(s) 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 upon the respondents, including 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 included in the Agency's subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record.</P>
        <SIG>
          <DATED>Dated: August 30, 2012.</DATED>
          <NAME>Carolyn M. Clancy,</NAME>
          <TITLE>Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22028 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-90-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Agency for Healthcare Research And Quality</SUBAGY>
        <SUBJECT>Special Emphasis Panel Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Agency for Healthcare Research and Quality, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of SEP meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with section 10 (a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. 2), announcement is made of an Agency for Healthcare Research and Quality (AHRQ) Special Emphasis Panel (SEP) meeting on “Partnerships for Sustainable Research and Dissemination of Evidence-Based Medicine (R24)”.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>September 20-21, 2012 (Open on September 20 from 8:00 a.m. to 8:15 a.m. and closed for the remainder of the meeting).</P>
          <P>This notice is being published less than 15 days prior to the September 20-21 meeting, due to the time constraints of reviews and funding cycles.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Hyatt Regency Hotel Bethesda, One Metro Center, Bethesda, MD 20814.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Anyone wishing to obtain a roster of members, agenda or minutes of the non-confidential portions of this meeting<PRTPAGE P="55478"/>should contact: Mrs. Bonnie Campbell, Committee Management Officer, Office of Extramural Research, Education and Priority Populations, AHRQ,  540 Gaither Road, Room 2038, Rockville, Maryland 20850, Telephone (301) 427-1554.</P>
          <P>Agenda items for this meeting are subject to change as priorities dictate.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>A Special Emphasis Panel is a group of experts in fields related to health care research who are invited by the Agency for Healthcare Research and Quality (AHRQ), and agree to be available, to conduct on an as needed basis, scientific reviews of applications for AHRQ support. Individual members of the Panel do not attend regularly-scheduled meetings and do not serve for fixed terms or a long period of time. Rather, they are asked to participate in particular review meetings which require their type of expertise.</P>
        <P>Substantial segments of the SEP meeting referenced above will be closed to the public in accordance with the provisions set forth in 5 U.S.C. App. 2, section 10(d), 5 U.S.C. 552b(c)(4), and 5 U.S.C. 552b(c)(6). Grant applications for “Partnerships for Sustainable Research and Dissemination of Evidence-Based Medicine (R24)” are to be reviewed and discussed at this meeting. 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>
        <SIG>
          <DATED>Dated: August 30, 2012.</DATED>
          <NAME>Carolyn M. Clancy,</NAME>
          <TITLE>Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22027 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-90-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
        <DEPDOC>[30-Day 12-0237]</DEPDOC>
        <SUBJECT>Agency Forms Undergoing Paperwork Reduction Act Review</SUBJECT>

        <P>The Centers for Disease Control and Prevention (CDC) publishes a list of information collection requests under review by the Office of Management and Budget (OMB) in compliance with the Paperwork Reduction Act (44 U.S.C. chapter 35). To request a copy of these requests, call (404) 639-7570 or send an email to<E T="03">omb@cdc.gov.</E>Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.</P>
        <HD SOURCE="HD1">Proposed Project</HD>
        <P>The National Health and Nutrition Examination Survey (NHANES)—(0920-0237, Expiration 11/30/2012)—Extension—National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention (CDC).</P>
        <HD SOURCE="HD2">Background and Brief Description</HD>
        <P>Section 306 of the Public Health Service (PHS) Act (42 U.S.C. 242k), as amended, authorizes that the Secretary of Health and Human Services (DHHS), acting through NCHS, shall collect statistics on the extent and nature of illness and disability; environmental, social and other health hazards; and determinants of health of the population of the United States.</P>
        <P>The National Health and Nutrition Examination Survey (NHANES) has, to date, been authorized as a generic clearance under OMB Number 0920-0237. A change in accounting practices, however, requires a shift to a newly-assigned clearance number for future full cycles of the survey. This extension requests generic clearance for all activities needed to successfully complete the current 2011-2012 NHANES survey cycle, which ends in early 2013. There are no changes to any information collection forms. A nine month clearance is requested.</P>
        <P>The National Health and Nutrition Examination Survey (NHANES) was conducted periodically between 1970 and 1994, and continuously since 1999 by the National Center for Health Statistics, CDC.</P>
        <P>Approximately one-quarter year of data collection is needed to complete the 2011-2012 cycle. Approximately 3,850 respondents participate in some aspect of the full survey. Of these, some complete the screening portion and are then screened out of the sample. Some additional respondents complete the screener and the household interview sections, but decline to be examined. The remaining approximately 1,300 participate in the screener, household interview and physical examination and followups. Averaging the burden across all respondents, at these varying levels of participation, results in an average burden of 2.4 hours. The burden for this activity is 9,240 hours.</P>
        <P>The completion of the special study, National Youth Fitness Study, will have approximately 1,037 respondents in this quarter for a total burden of 1,037 hours. In addition, up to 1,000 additional persons (non-NHANES respondents) might participate in tests of procedures or other special studies. The average burden for these special study/pretest respondents is 3 hours for a total of 3,000 hours of burden. The burden for these studies is a total of 4,037 hours.</P>
        <P>Participation in NHANES is completely voluntary and confidential.</P>
        <P>NHANES programs produce descriptive statistics which measure the health and nutrition status of the general population. Through the use of questionnaires, physical examinations, and laboratory tests, NHANES studies the relationship between diet, nutrition and health in a representative sample of the United States. NHANES monitors the prevalence of chronic conditions and risk factors related to health such as arthritis, asthma, osteoporosis, infectious diseases, diabetes, high blood pressure, high cholesterol, obesity, smoking, drug and alcohol use, physical activity, environmental exposures, and diet. NHANES data are used to produce national reference data on height, weight, and nutrient levels in the blood. Results from more recent NHANES can be compared to findings reported from previous surveys to monitor changes in the health of the U.S. population over time. NHANES continues to collect genetic material on a national probability sample for future genetic research aimed at understanding disease susceptibility in the U.S. population. NCHS collects personal identification information. Participant level data items will include basic demographic information, name, address, social security number, Medicare number and participant health information to allow for linkages to other data sources such as the National Death Index and data from the Centers for Medicare and Medicaid Services (CMS).</P>

        <P>NHANES data users include the U.S. Congress; numerous Federal agencies such as other branches of the Centers for Disease Control and Prevention, the National Institutes of Health, and the United States Department of Agriculture; private groups such as the American Heart Association; schools of public health; and private businesses. There is no cost to respondents other than their time. The total estimate of annualized burden is 13,277 hours.<PRTPAGE P="55479"/>
        </P>
        <GPOTABLE CDEF="s50,12,12,12" COLS="4" OPTS="L2,i1">
          <TTITLE>Estimated Annualized Burden Table</TTITLE>
          <BOXHD>
            <CHED H="1">Type of respondent</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per</LI>
              <LI>respondent</LI>
            </CHED>
            <CHED H="1">Average<LI>burden per</LI>
              <LI>response</LI>
              <LI>(in hours)</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">1. NHANES Respondents</ENT>
            <ENT>3,850</ENT>
            <ENT>1</ENT>
            <ENT>2.4</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2. Special study/pretest participants</ENT>
            <ENT>2,037</ENT>
            <ENT>1</ENT>
            <ENT>2</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: August 30, 2012.</DATED>
          <NAME>Ron A. Otten,</NAME>
          <TITLE>Director, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Directors, Centers for Disease Control and Prevention.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22188 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4163-18-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
        <SUBJECT>Medicare, Medicaid, and CHIP Programs: Research and Analysis on Impact of CMS Programs on the Indian Health Care System</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 Single Source Award.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice supports expansion of research on the impact of CMS programs on the Indian health care system through a single source award. The Indian Health Service (IHS), Tribes and Tribal Organizations and Urban programs, deliver health care services to American Indian/Alaska Native (AI/AN) people through a network of hospitals, clinics and other providers. This award expands research on the impact of CMS programs and the delivery of health care to AI/AN beneficiaries.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rodger Goodacre, Centers for Medicare &amp; Medicaid Services, Office of Public Affairs/Tribal Affairs Group, 7500 Security Boulevard, M/S S1-05-13, Baltimore, MD 21244-1850, (410) 786-3209.</P>
          <P>
            <E T="03">Intended Recipient:</E>National Indian Health Board (NIHB).</P>
          <HD SOURCE="HD1">Purpose of Award</HD>
          <P>The IHS and Tribal health programs have had long standing authority to bill Medicare and Medicaid for services provided at their facilities. These participating and billing authorities were expanded by the American Recovery and Reinvestment Act of 2009 (ARRA), the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA), and the Affordable Care Act in 2010 (ACA). AI/AN people have traditionally been medically underserved and have health disparities significantly above those of the population as a whole. In order to ensure that AI/AN people have full knowledge of these new changes and the fullest access to CMS programs, this award will study the adoption and impact of these new authorities on the Indian health care system.</P>
          <HD SOURCE="HD1">Amount of the Award</HD>
          <P>The total amount of funding available over a five year period is $3,175,000.00. The initial award will be awarded at $635,000.00. The subsequent years will be awarded on a non-competing continuation basis at approximately $635,000.00 per year for 5 total years, and will be subject to the availability of funds and satisfactory performance by the recipient.</P>
          <HD SOURCE="HD1">Justification for Single Source Award</HD>
          <P>For the past five years through Cooperative Agreements with IHS, NIHB has provided analysis and research of the potential and actual impact of CMS programs on AI/AN beneficiaries and the health care system serving these beneficiaries. This work has included extensive analysis and research on Medicare and Medicaid data enrollment of AI/AN beneficiaries to understand utilization of the AI/AN population in the context of CMS programs. In addition, the NIHB has been instrumental in tracking CMS regulations and providing analysis and research to better understand the implications of CMS regulatory guidance on the Indian health programs. Based on this experience, NIHB is the only entity capable of carrying out the scope of activities because the scope of work builds on past experience and knowledge. Any other source would not have all of the knowledge and experience gained in the last five years. The NIHB provides research on health program issues impacting AI/ANs to over 565 Federally-recognized Tribes and has historically provided these services for several decades in conjunction with the HIS. The NIHB program has a national focus relevant to its AI/AN constituency who need to know through substantive research about the changes and updates in the latest health care services and access through CMS programs.</P>
          <HD SOURCE="HD1">Project Period</HD>
          <P>The anticipated period of performance is for this cooperative agreement is August 31, 2012 through August 30, 2017 with funding awarded in 12-month budget increments subject to the availability of funds and satisfactory performance.</P>
          <HD SOURCE="HD1">Provisions of the Notice</HD>
          <P>CMS has solicited a proposal from the NIHB to undertake analysis, research and studies to address the impact of CMS programs and AI/AN beneficiaries and the health care system serving those beneficiaries. The project consists of four principal research objectives:</P>
          <P>• Study the ongoing impact of CMS programs on the Indian health system through analysis of, response to, and implementation of CMS regulations by Indian health providers.</P>
          <P>• Study AI/AN demographic, enrollment, and utilization data and propose strategies to increase CMS data system capabilities to create more Indian specific reporting capacity.</P>
          <P>• Provide ongoing study of CMS efforts to increase AI/AN knowledge of CMS programs and CMS responsiveness to Indian health system.</P>
          <P>• Provide research support on the use and effectiveness of the CMS Tribal Consultation Policy. CMS requested that the NIHB submit an application which includes:</P>
          <P>1. Cover Letter.</P>
          <P>2. SF-424 Application for Federal Assistance.</P>
          <P>3. SF-424A Budget Information—Non-Construction Programs.</P>
          <P>4. A budget narrative (not to exceed three single spaced pages).</P>
          <P>5. Abstract of Project.</P>
          <P>6. A research project narrative that describes each of the four separate objectives (the entire narrative not to exceed 12 single space pages).</P>
          <P>7. SF-424B Assurances.</P>
          <P>8. Health Board Resolution.</P>
          <P>9. 501(c)(3) Non-Profit certification.</P>
          <P>10. Resumes of all key personnel.</P>
          <P>11. Position descriptions.<PRTPAGE P="55480"/>
          </P>
          <P>12. Disclosure of Lobbying Activities, if applicable.</P>
          <P>13. Copy of approved indirect cost rate agreement, if applicable.</P>
          <P>14. Documentation of current OMB A-133 required financial audit, if applicable.</P>
          <P>Evaluation criteria for review of the application will be comprised of three principal areas:</P>
          <P>a. Program information which includes current organizational capabilities and operations.</P>
          <P>b. Program planning and evaluation which includes identification of measurable goals, products, personnel and workplanning.</P>
          <P>c. Program reporting which includes organizational capabilities and qualifications and categorical budget and justification.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Section 1110 of the Social Security Act, codified at 42 U.S.C. 1310.</P>
          </AUTH>
          <SIG>
            <DATED>Dated: August 16, 2012.</DATED>
            <NAME>Daniel F. Kane,</NAME>
            <TITLE>Chief Grants Management Officer, Office of Acquisition and Grants Management, Centers for Medicare &amp; Medicaid Services.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22189 Filed 9-7-12; 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>Food and Drug Administration</SUBAGY>
        <DEPDOC>[Docket No. FDA-2012-D-0755]</DEPDOC>
        <SUBJECT>Draft Compliance Policy Guide Sec. 690.150 on Labeling and Marketing of Nutritional Products Intended for Use To Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats; Availability</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is announcing the availability of a draft compliance policy guide (CPG) entitled “Compliance Policy Guide Sec. 690.150 Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.” This draft CPG is intended to provide guidance to FDA staff and industry on how FDA intends to use its enforcement discretion with regard to the labeling and marketing of dog and cat food products that are labeled and/or marketed as intending to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal's total daily nutrient requirements.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft CPG before it begins work on the final version of the CPG, submit either electronic or written comments on the draft CPG by November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written requests for single copies of the draft CPG to the Director, Division of Compliance Policy, Office of Enforcement, Food and Drug Administration, 12420 Parklawn Dr., Element Bldg., rm. 4044, Rockville, MD 20857. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 301-827-0482. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for electronic access to the draft CPG. Submit electronic comments to<E T="03">http://www.regulations.gov</E>.</P>
          <P>Submit written comments on the draft CPG to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>William J. Burkholder,Center for Veterinary Medicine (HFV-228),Food and Drug Administration,7519 Standish Pl.,Rockville, MD 20855,240-453-6865,<E T="03">William.Burkholder@fda.hhs.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>
        <P>FDA is announcing the availability of a draft CPG entitled “Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.” The purpose of this CPG is to communicate FDA's strategy for enforcing the new animal drug provisions of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) with respect to dog and cat food products that make labeling or marketing claims to diagnose, cure, mitigate, treat, or prevent disease. Since 1988, the Center for Veterinary Medicine (CVM) has observed an increase in the number of dog and cat food products making such claims that are sold with, or without, the direction of a licensed veterinarian. Because of this increase, and to help ensure animal safety, CVM is issuing this draft CPG to set out its current thinking with respect to factors it will consider before determining whether to take regulatory action against dog and cat food products intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.</P>

        <P>FDA does not generally intend to recommend or initiate regulatory actions against dog and cat food products that are labeled and/or marketed as intended for use to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal's total daily nutrient requirements when all the following factors are present. Specifically: (1) Manufacturers make the products available to the public only through licensed veterinarians or through retail or Internet sales to individuals purchasing the product under the direction of a veterinarian; (2) manufacturers do not market such products as alternatives to approved new animal drugs; (3) the manufacturer is registered under section 415 of the FD&amp;C Act (21 U.S.C. 350(d)); (4) manufacturers comply with all food labeling requirements for such products (see 21 CFR part 501); (5) manufacturers do not include indications for a disease claim (e.g., obesity, renal failure) on the label of such products; (6) manufacturers limit distribution of material with any disease claims for such products only to veterinary professionals; (7) manufacturers secure electronic resources for the dissemination of labeling information and promotional materials such that they are available only to veterinary professionals; (8) manufacturers include only ingredients that are general regarded as safe (GRAS) ingredients, approved food additives, or feed ingredients defined in the 2012<E T="03">Official Publication</E>of the Association of American Feed Control Officials (AAFCO) for the intended uses in such products;<SU>1</SU>
          <FTREF/>and (9) the label and labeling for such products are not false and misleading in other respects.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>1</SU>Although food containing these unapproved food additives is adulterated within the meaning of section 402(a)(2)(c)(i), FDA is unlikely to initiate enforcement action solely on this basis if the food additive in question is included in the 2012 edition of the<E T="03">Official Publication</E>of AAFCO. As part of its efforts to work with State partners, FDA has reviewed safety information related to many of these listed products, and those listed in the 2012<E T="03">Official Publication</E>generally do not fall within our current enforcement priorities.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>A therapeutic claim that is not scientifically substantiated would be considered false or misleading, thus making the product misbranded.</P>
        </FTNT>
        <HD SOURCE="HD1">II. Significance of Guidance</HD>

        <P>This level 1 draft CPG is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft CPG, when finalized, will represent the Agency's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the<PRTPAGE P="55481"/>requirements of the applicable statutes and regulations.</P>
        <HD SOURCE="HD1">III. Paperwork Reduction Act of 1995</HD>

        <P>Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506 (c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the<E T="04">Federal Register</E>concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, we are publishing a notice of the proposed collection of information set forth below.</P>
        <P>With respect to the following collection of information, we invite comments on: (1) Whether the proposed collection of information is necessary for the proper performance of our functions, including whether the information will have practical utility; (2) the accuracy of our estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.</P>
        <P>
          <E T="03">Title:</E>Draft Compliance Policy Guide on Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.</P>
        <P>
          <E T="03">Description:</E>The purpose of this CPG is to communicate FDA's strategy with respect to dog and cat food products that are labeled and/or marketed as intending to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal's total daily nutrient requirements.</P>
        <P>
          <E T="03">Description of Respondents:</E>Manufacturers of dog and cat foods that are labeled and/or marketed as intending to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal's total daily nutrient requirements.</P>
        <P>We estimate the burden of this collection of information as follows:</P>
        <GPOTABLE CDEF="s100,12,12,12,12,12" COLS="6" OPTS="L2,i1">
          <TTITLE>Table 1—Estimated Annual Reporting Burden<SU>1</SU>
          </TTITLE>
          <BOXHD>
            <CHED H="1">Activity</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per respondent</LI>
            </CHED>
            <CHED H="1">Total annual responses</CHED>
            <CHED H="1">Average<LI>burden per</LI>
              <LI>response</LI>
            </CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Sections 402 and 403 of the FD&amp;C Act</ENT>
            <ENT>5</ENT>
            <ENT>75</ENT>
            <ENT>375</ENT>
            <ENT>.25</ENT>
            <ENT>94</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>There are no operating costs or maintenance costs associated with this collection of information.</TNOTE>
        </GPOTABLE>

        <P>CVM estimates from its experience that approximately 5 manufacturers will be affected by the draft CPG, times 75 products produced annually equals 375 total annual responses. The hours per response are based on approximately .25 hour per response for respondents to look up the ingredient names in the AFFCO<E T="03">Official Publication</E>.</P>
        <P>This draft CPG also refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 571 (Food Additive Petitions and FAP Labeling) have been approved under OMB control number 0910-0546. The collection of information in 21 CFR 570.35 (GRAS) has been approved under OMB control number 0910-0342. The requirement for food facility registration has been approved under OMB control number 0910-0502.</P>
        <HD SOURCE="HD1">IV. Comments</HD>

        <P>Interested persons may submit to the Division of Dockets Management (see<E T="02">ADDRESSES</E>) electronic or written comments regarding this document. It is only necessary to send one set of comments. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.</P>
        <HD SOURCE="HD1">V. Electronic Access</HD>

        <P>Copies of the CPG may be downloaded to a personal computer with access to the Internet. The Office of Regulatory Affairs home pages include this draft CPG and may be accessed at<E T="03">http://www.fda.gov/ICECI/ComplianceManuals/</E>under “Compliance Policy Guides.”</P>
        <SIG>
          <DATED>Dated: August 24, 2012.</DATED>
          <NAME>Dara A. Corrigan,</NAME>
          <TITLE>Associate Commissioner for Regulatory Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22231 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Food and Drug Administration</SUBAGY>
        <DEPDOC>[Docket No. FDA-2012-N-0902]</DEPDOC>
        <SUBJECT>Withdrawal of Approval of New Animal Drug Applications; Chorionic Gonadotropin; Naloxone; Oxymorphone; Oxytocin</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is withdrawing approval of four new animal drug applications (NADAs) at the sponsor's request because the products are no longer manufactured or marketed.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Withdrawal of approval is effective September 20, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>David Alterman,Center for Veterinary Medicine (HFV-212),Food and Drug Administration,7519 Standish Pl.,Rockville, MD 20855,240-453-6843,email:<E T="03">david.alterman@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The sponsors in table 1 of this document have requested that FDA withdraw approval of the four NADAs listed<PRTPAGE P="55482"/>because the products are no longer manufactured or marketed.</P>
        <GPOTABLE CDEF="s50,r100,r100" COLS="3" OPTS="L2,i1">
          <TTITLE>Table 1—Withdrawal of Approval Requests</TTITLE>
          <BOXHD>
            <CHED H="1">NADA No.</CHED>
            <CHED H="1">Trade name (drug)</CHED>
            <CHED H="1">Applicant</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">030-525</ENT>
            <ENT>NUMORPHAN (oxymorphone hydrochloride) Injection</ENT>
            <ENT>Endo Pharmaceuticals Inc., 100 Painters Dr., Chadds Ford, PA 19317.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">035-825</ENT>
            <ENT>NARCAN (naloxone hydrochloride) Injection</ENT>
            <ENT>Endo Pharmaceuticals Inc., 100 Painters Dr., Chadds Ford, PA 19317.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">046-822</ENT>
            <ENT>VETOCIN (oxytocin) Injection</ENT>
            <ENT>United Vaccines, A Harlan Sprague Dawley, Inc., Co., P.O. Box 4220, Madison, WI 53711.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">103-090</ENT>
            <ENT>CHORTROPIN (chorionic gonadotropin) Injection</ENT>
            <ENT>United Vaccines, A Harlan Sprague Dawley, Inc., Co., P.O. Box 4220, Madison, WI 53711.</ENT>
          </ROW>
        </GPOTABLE>

        <P>Therefore, under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, and in accordance with § 514.116<E T="03">Notice of withdrawal of approval of application</E>(21 CFR 514.116), notice is given that approval of NADAs 030-525, 035-825, 046-822, and 103-090, and all supplements and amendments thereto, is hereby withdrawn, effective September 20, 2012.</P>
        <P>Elsewhere in this issue of the<E T="04">Federal Register</E>, FDA is amending the animal drug regulations to reflect the voluntary withdrawal of approval of these applications.</P>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>Bernadette Dunham,</NAME>
          <TITLE>Director,Center for Veterinary Medicine.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22195 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Substance Abuse and Mental Health Services Administration</SUBAGY>
        <SUBJECT>Center for Substance Abuse Prevention; Notice of Meeting</SUBJECT>
        <P>Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Prevention (CSAP) Drug Testing Advisory Board (DTAB) will meet on September 24, 2012 from 9 a.m. to 5 p.m. and September 25, 2012 from 9 a.m. to 2 p.m. E.D.T.</P>
        <P>The Board will discuss proposed revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Therefore, this meeting is closed to the public as determined by the Administrator, SAMHSA, in accordance with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C. App. 2, Section 10(d).</P>

        <P>Meeting information and a roster of DTAB members may be obtained by accessing the SAMHSA Advisory Committees' Web site,<E T="03">http://www.nac.samhsa.gov/DTAB/meetings.aspx,</E>or by contacting Dr. Cook.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Committee Name:</E>Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Prevention, Drug Testing Advisory Board.</P>
          <P>
            <E T="03">Dates/Time/Type:</E>September 24, 2012 from 9 a.m. to 5 p.m. E.D.T.: CLOSED, September 25, 2012 from 9 a.m. to 2 p.m. E.D.T.: CLOSED.</P>
          <P>
            <E T="03">Place:</E>Sugarloaf Conference Room, SAMHSA Office Building, 1 Choke Cherry Road, Rockville, Maryland 20857.</P>
          <P>
            <E T="03">Contact:</E>Janine Denis Cook, Ph.D., Designated Federal Official, CSAP Drug Testing Advisory Board, 1 Choke Cherry Road, Room 7-1043, Rockville, Maryland 20857, Telephone: 240-276-2600, Fax: 240-276-2610, Email:<E T="03">janine.cook@samhsa.hhs.gov</E>.</P>
        </EXTRACT>
        <SIG>
          <NAME>Janine Denis Cook,</NAME>
          <TITLE>Designated Federal Official, DTAB, Division of Workplace Programs,Center for Substance Abuse Prevention, Substance Abuse and Mental Health Services Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22167 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4162-20-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <DEPDOC>[Docket No. USCG-2012-0782]</DEPDOC>
        <SUBJECT>Public Workshop on Marine Technology and Standards</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The American Society of Mechanical Engineers (ASME), in coordination with the United States Coast Guard (USCG), is sponsoring a two-day public workshop on marine technology and standards in Arlington, VA. This public workshop will provide a unique opportunity for classification societies, industry groups, standards development organizations, government organizations, and other interested members of the public to come together for a professional exchange of information on topics ranging from technological impacts on the marine industry, corresponding coverage in related codes and standards, and government regulations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The two-day workshop will be held on Wednesday, July 24, 2013, and Thursday, July 25, 2013. The deadline for advance registration is Monday, July, 1, 2013. If you are interested in presenting a paper at the workshop, you must submit a 100 word abstract by email to<E T="03">workshop@uscg.mil.</E>Abstracts are due on or before November 2, 2012.</P>
          <P>See<E T="02">SUPPLEMENTARY INFORMATION</E>below for other dates related to submission of abstracts, draft papers, and presentations, as well as more information on how to register for the workshop.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The workshop will be held at The Double Tree by Hilton Hotel, in the Crystal City neighborhood of Arlington VA. The hotel is located at 300 Army Navy Drive, Arlington, VA; the hotel phone number is (703) 416-4100. The hotel is located approximately three miles from Ronald Reagan Washington National Airport (DCA) and approximately four blocks from the Pentagon City Metro station. For registration information or to obtain further information about this workshop, visit the USCG Web site at<E T="03">http://www.uscg.mil/marine_event.</E>The docket for this notice is 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. You may also find this docket on the Internet by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2012-0782 in the “Search” box, and then clicking “Search.”</P>
        </ADD>
        <FURINF>
          <PRTPAGE P="55483"/>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions about this notice you may contact a USCG/ASME representative via email at<E T="03">workshop@uscg.mil.</E>You may also contact Lieutenant Commander Ken Hettler, Office of Design and Engineering Standards, USCG, by telephone at (202) 372-1367; or Mr. Joseph S. Brzuszkiewicz, Project Engineering Manager, ASME, by telephone at (212) 591-8533.</P>
          <P>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>
        <P/>
        <HD SOURCE="HD1">Background and Purpose</HD>
        <P>The ASME/USCG Workshop on Marine Technology and Standards provides a unique opportunity for classification societies, industry groups, standards development organizations, government agencies, and interested members of the public to come together for a professional exchange of information on topics ranging from technological impacts on the marine industry, corresponding coverage in related codes and standards, and government regulations.</P>
        <P>Held once every two to three years, the public workshop is sponsored by the American Society of Mechanical Engineers (ASME), in coordination with the USCG Office of Design and Engineering Standards. ASME is a standards setting organization with wide-ranging volunteer committee membership, which includes USCG supported personnel who serve as members of various ASME committees in support of USCG missions in maritime safety and environmental protection. The USCG Office of Design and Engineering Standards is responsible for developing and promulgating national regulations and standards that govern the safe design and construction of ships and shipboard equipment, including hull structure, stability, electrical and mechanical systems, lifesaving and fire safety equipment, and related equipment approval and laboratory acceptance.</P>
        <P>This workshop is an opportunity for the public to provide expertise on technical matters affecting the marine industry, to leverage new technologies, and to improve future policymaking, standards development, and rulemaking. The most recent workshop was held in Washington, DC, on July 29-30, 2010 (75 FR 8099, February 23, 2010). Public engagement on regulations and design standards enhances both the effectiveness and the quality of policy development. As an example, dialogue from the previous workshop on the safe and economical use of natural gas as a marine fuel provided valuable insight for the development of CG-521 Policy Letter No. 01-12,<SU>1</SU>
          <FTREF/>which sets forth national policy regarding acceptable design criteria for shipboard natural gas fuel systems.</P>
        <FTNT>
          <P>

            <SU>1</SU>CG-521 Policy Letter No. 01-12, “Equivalency Determination—Design Criteria for Natural Gas Fuel Systems,” is available for viewing at<E T="03">http://www.uscg.mil/hq/cg5/cg521/docs/CG-521.PolicyLetter.01-12.pdf.</E>
          </P>
        </FTNT>
        <P>Topics for the 2013 workshop are listed below and include application of various marine technologies to promote safe and environmentally conscious operation of ships and offshore vessels and platforms.</P>

        <P>The next workshop will be held in Arlington, VA, over a two-day period on Wednesday, July 24, 2013, and Thursday, July 25, 2013. See<E T="02">ADDRESSES</E>above for event location information.</P>
        <HD SOURCE="HD1">Topics of Meeting</HD>
        <P>This workshop comprises a series of panel sessions over a two-day period covering a variety of topics. Proposed topics include:</P>
        <HD SOURCE="HD1">Emerging Technologies</HD>
        <FP SOURCE="FP-1">• Selective Catalytic Reduction (SCR)/Exhaust Gas Cleaning (EGC) Technologies</FP>
        <FP SOURCE="FP-1">• Alternative propulsion systems and fuel (other than Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG))</FP>
        <FP SOURCE="FP-1">• Retrofit of legacy engines</FP>
        <FP SOURCE="FP-1">• Wastewater treatment system (ballast water, sewage, graywater, bilgewater)</FP>
        <HD SOURCE="HD1">CNG/LNG Technology</HD>
        <FP SOURCE="FP-1">• LNG fuel tank and piping design</FP>
        <FP SOURCE="FP-1">• Location of fuel tank on ship re: fire safety, venting, etc.</FP>
        <FP SOURCE="FP-1">• Portable LNG/CNG fuel tanks (Tanktainers)</FP>
        <FP SOURCE="FP-1">• Codes and standards for CNG/LNG technology</FP>
        <FP SOURCE="FP-1">• Fitness for service/in-service inspection.</FP>
        <FP SOURCE="FP-1">• LNG fuel barges (bunkering, or other purposes)</FP>
        <HD SOURCE="HD1">Equipment &amp; Material Selection for the Marine Environment, Including Polar Environment</HD>
        <FP SOURCE="FP-1">• Loading considerations for pressure vessels on ships and platforms</FP>
        <FP SOURCE="FP-1">• Piping design for marine environment</FP>
        <FP SOURCE="FP-1">• Naval vessel requirements for piping &amp; pressure vessels</FP>
        <FP SOURCE="FP-1">• Non-metallic materials for pressure applications</FP>
        <FP SOURCE="FP-1">• Fire testing</FP>
        <FP SOURCE="FP-1">• Resiliently Seated Valves (RSVs)</FP>
        <FP SOURCE="FP-1">• Operating vessels in low air temperature, low sea temperature, and under ice conditions</FP>
        <FP SOURCE="FP-1">• Materials selection for low temperature applications</FP>
        <FP SOURCE="FP-1">• Technology and equipment performance issues</FP>
        <HD SOURCE="HD1">Risk/Hazard Mitigation</HD>
        <FP SOURCE="FP-1">• Dynamic Positioning (DP) operational watch circle</FP>
        <FP SOURCE="FP-1">• Emergency disconnect scenarios</FP>
        <FP SOURCE="FP-1">• Reliability centered maintenance &amp; risk based inspection</FP>
        <FP SOURCE="FP-1">• Condition-based monitoring</FP>
        <HD SOURCE="HD1">Controls &amp; Safety Devices</HD>
        <FP SOURCE="FP-1">• Hybrid control technology of DP systems</FP>
        <FP SOURCE="FP-1">• Computer based control system, software validation</FP>
        <FP SOURCE="FP-1">• Gas detection and emergency shutdown (ESD) systems</FP>
        <FP SOURCE="FP-1">• Remotely operated valves within a high pressure or high temperature environment (e.g. subsea exploration)</FP>
        <FP SOURCE="FP-1">• Overpressure protection (e.g. fuel tanks on gas fuelled ships (GFS) or cargo tanks on CNG/LNG carriers)</FP>
        <FP SOURCE="FP-1">• Boiler and power plant controls</FP>
        <HD SOURCE="HD1">Human Element</HD>
        <FP SOURCE="FP-1">• Human factors engineering</FP>
        <FP SOURCE="FP-1">• Safety management systems</FP>
        <FP SOURCE="FP-1">• Human and controls interface</FP>
        <FP SOURCE="FP-1">• Acoustic noise limits in vessel design</FP>
        <FP SOURCE="FP-1">• Training</FP>
        <HD SOURCE="HD1">Regulatory, Classification, and Government Issues</HD>
        <FP SOURCE="FP-1">• Novel design, concept review and design basis agreement</FP>
        <FP SOURCE="FP-1">• Fabrication testing, validation</FP>
        <FP SOURCE="FP-1">• Testing and approval of ballast water treatment systems</FP>
        <FP SOURCE="FP-1">• Regulatory and classification society updates and other “hot topics”</FP>
        <HD SOURCE="HD1">Call for Papers</HD>
        <HD SOURCE="HD2">Abstracts</HD>
        <P>If you are interested in presenting a paper on one or more topics listed above, submit a 100 word abstract via email to: workshop@uscg.mil. Abstracts are due on or before November 2, 2012, and should also contain the title of your paper, name of each author/co-author, name of each presenter and affiliation to author/co-author, as well as the title, address, phone number, facsimile number, and email address for each named individual.</P>
        <HD SOURCE="HD1">Draft Papers &amp; Presentations</HD>

        <P>If you receive notification that your abstract is accepted, you may then submit a draft paper and presentation via email to: workshop@uscg.mil. Draft papers are due on or before February 8,<PRTPAGE P="55484"/>2013; final papers (formatted and ready for publication) are due on or before May 1, 2013. Presentations are due on or before June 1, 2013.</P>
        <HD SOURCE="HD1">Web Sites</HD>

        <P>For additional information on this workshop, visit the USCG Web site at<E T="03">http://www.uscg.mil/marine_event.</E>
        </P>
        <HD SOURCE="HD1">Registration</HD>
        <P>To register for this workshop, visit the USCG Web site at<E T="03">http://www.uscg.mil/marine_event.</E>While the workshop is open to the public, meeting space is limited by room capacity. Since seating is limited, we ask anyone interested in attending the workshop to register in advance. The deadline for advance registration is Monday, July 1, 2013. Registration on the first day of the workshop will be permitted on a space-available basis. The registration fee for this event is $325 USD if submitted on or before May 31, 2013 and $375 USD if submitted after May 31, 2013. The registration fee includes admission for one person to each panel session for the two day event, several coffee breaks, and a reception on the first day of the event.</P>
        <HD SOURCE="HD1">Proceedings</HD>

        <P>Material presented at the workshop will be made available to the public on the USCG Web site listed above after the conclusion of this event. For additional information on material presented at this event, you may contact one of the individuals listed above in<E T="02">FOR FURTHER INFORMATION CONTACT</E>. Summaries of comments made and materials presented will be available on the docket at the conclusion of this event. To view the docket, see instructions above in<E T="02">ADDRESSES</E>.</P>
        <HD SOURCE="HD1">Privacy Act</HD>

        <P>Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act, system of records notice regarding our public dockets in the January 17, 2008, issue of the<E T="04">Federal Register</E>(73 FR 3316).</P>
        <HD SOURCE="HD1">Information on Services for Individuals With Disabilities</HD>

        <P>Persons with disabilities who require special assistance should advise us of their anticipated special needs as early as possible by one of the individuals listed above in<E T="02">FOR FURTHER INFORMATION CONTACT</E>.</P>
        <HD SOURCE="HD1">Adjournment</HD>
        <P>Please note that the workshop may adjourn early if all business is finished.</P>
        <HD SOURCE="HD1">Authority</HD>
        <P>This notice is issued under authority of 5 U.S.C. 552(a) and 14 U.S.C. 93(a)(4).</P>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>J.G. Lantz,</NAME>
          <TITLE>Director of Commercial Regulations and Standards, U.S. Coast Guard.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22247 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
        <DEPDOC>[OMB Control Number 1615-0022]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Public Law 97-359 Amerasian, Form Number I-363; Extension, Without Change, of a Currently Approved Collection</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the<E T="04">Federal Register</E>on June 1, 2012, at 77 FR 106, allowing for a 60-day public comment period. USCIS did not receive any comments in connection with the 60-day notice.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 10, 2012. This process is conducted in accordance with 5 CFR 1320.10.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to DHS, and to the OMB USCIS Desk Officer. Comments may be submitted to: DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2020. Comments may also be submitted to DHS via email at<E T="03">uscisfrcomment@dhs.gov,</E>to the OMB USCIS Desk Officer via facsimile at 202-395-5806 or via email at<E T="03">oira_submission@omb.eop.gov</E>and via the Federal eRulemaking Portal Web site at<E T="03">http://www.Regulations.gov</E>under e-Docket ID number USCIS-2008-0013. When submitting comments by email, please make sure to add OMB Control Number 1615-0022 in the subject box.</P>

          <P>All submissions received must include the agency name, OMB Control Number and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at<E T="03">http://www.regulations.gov,</E>and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. For additional information please read the Privacy Act notice that is available via the link in the footer of<E T="03">http://www.regulations.gov.</E>
          </P>
        </ADD>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>

          <P>The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check “My Case Status” online at:<E T="03">https://egov.uscis.gov/cris/Dashboard.do,</E>or call the USCIS National Customer Service Center at 1-800-375-5283.</P>
        </NOTE>
        <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</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 agencies 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 submission of responses.<PRTPAGE P="55485"/>
        </P>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection Request:</E>Extension, Without Change, of a Currently Approved Collection.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Public Law 97-359 Amerasian.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>USCIS Form I-363; USCIS.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>Individuals or households. Form I-363 is used by applicants to ensure the financial support of a U.S. citizen. Without the use of Form I-363, the USCIS is not able to ensure the child does not become a public charge.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>50 respondents responding with an estimated hour burden per response of .5 hour (30 minutes).</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>25 Hours.</P>

        <P>If you need a copy of the information collection instrument with supplementary documents, or need additional information, please visit<E T="03">http://www.regulations.gov.</E>We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2020; Telephone 202-272-1470.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Laura Dawkins,</NAME>
          <TITLE>Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22136 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-97-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
        <DEPDOC>[OMB Control Number 1615-0107]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: H-2 Petitioner's Employment Related or Fee Related Notification; Form Number, No Form; Extension, Without Change, of a Currently Approved Collection</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the<E T="04">Federal Register</E>on June 1, 2012, at 77 FR 106, allowing for a 60-day public comment period. USCIS did receive 1 comment in connection with the 60-day notice. The one comment USCIS received was regarding the extension of H-2 Petitioner's Employment Related or Fee Related Notification. The comment did not argue for any changes to the notification; rather, it suggested that the federal government should stop admitting foreign workers. This public comment will not result in any changes to the H-2 Petitioner's Employment Related or Fee Related Notification.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 10, 2012. This process is conducted in accordance with 5 CFR 1320.10.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to DHS, and to the OMB USCIS Desk Officer. Comments may be submitted to: DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2020. Comments may also be submitted to DHS via email at<E T="03">uscisfrcomment@dhs.gov,</E>to the OMB USCIS Desk Officer via facsimile at 202-395-5806 or via email at<E T="03">oira_submission@omb.eop.gov</E>and via the Federal eRulemaking Portal Web site at<E T="03">http://www.Regulations.gov</E>under e-Docket ID number USCIS-2009-0015. When submitting comments by email, please make sure to add OMB Control Number 1615-0107 in the subject box.</P>

          <P>All submissions received must include the agency name, OMB Control Number and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at<E T="03">http://www.regulations.gov,</E>and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. For additional information please read the Privacy Act notice that is available via the link in the footer of<E T="03">http://www.regulations.gov.</E>
          </P>
        </ADD>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>

          <P>The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check “My Case Status” online at:<E T="03">https://egov.uscis.gov/cris/Dashboard.do,</E>or call the USCIS National Customer Service Center at 1-800-375-5283.</P>
        </NOTE>
        <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</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 agencies 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 submission of responses.</P>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection Request:</E>Extension, Without Change, of a Currently Approved Collection.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>H-2 Petitioner's Employment Related or Fee Related Notification.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>No form; USCIS.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>Business or other for-profit. The notification requirement is necessary to ensure that alien workers maintain their nonimmigrant status and will help prevent H-2 workers from engaging in unauthorized employment.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>1,700 respondents with an estimated hour burden per response of .5 hour (30 minutes).<PRTPAGE P="55486"/>
        </P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>850 Hours.</P>

        <P>If you need a copy of the information collection instrument with supplementary documents, or need additional information, please visit<E T="03">http://www.regulations.gov.</E>We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2020; Telephone 202-272-1470.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Laura Dawkins,</NAME>
          <TITLE>Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22137 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-97-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
        <DEPDOC>[OMB Control Number 1615-0047]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Employment Eligibility Verification, Form I-9, OMB Control No. 1615-0047; Correction</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day Notice of Information Collection Under Review; Correction.</P>
        </ACT>

        <P>On August 22, 2012 the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) published a 30-day Notice of Information Collection Under Review (30-day notice) in the<E T="04">Federal Register</E>at 77 FR 50710, requesting public comments in connection with revisions to the Employment Eligibility Verification form (Form I-9) being submitted to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.</P>

        <P>In the 30-day notice, USCIS inadvertently did not indicate that comments in connection with that notice should be directed to the OMB USCIS Desk Officer. USCIS is now correcting this error. Written comments and/or suggestions regarding the item(s) contained in the 30-day notice published in the<E T="04">Federal Register</E>on August 22, 2012 at 77 FR 50710, especially regarding the estimated public burden and associated response time, should be directed to DHS, and to the Office of Information and Regulatory Affairs, OMB, USCIS Desk Officer. Comments may be submitted to: DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529-2020. Comments may also be submitted to DHS via email at<E T="03">uscisfrcomment@dhs.gov,</E>to the OMB USCIS Desk Officer via facsimile at 202-395-5806 or via email at<E T="03">oira_submission@omb.eop.gov,</E>and via the Federal eRulemaking Portal Web site at<E T="03">http://www.Regulations.gov</E>under e-Docket ID number USCIS-2006-2008.</P>
        <P>When submitting comments by email, please make sure to add OMB Control Number 1615-0047 in the subject box.</P>

        <P>Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at<E T="03">http://www.Regulations.gov,</E>and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments for public viewing that it determines may impact the privacy of an individual or is offensive. For additional information please read the Privacy Act notice that is available via the link in the footer of<E T="03">http://www.Regulations.gov.</E>
        </P>
        <P>To ensure that the public has sufficient opportunity to comment on this information collection, USCIS is extending the public comment period closing date from Friday, September 21, 2012 to Thursday, September 27, 2012.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Laura Dawkins,</NAME>
          <TITLE>Chief Regulatory Coordinator, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22138 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-97-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Importer ID Input Record</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Customs and Border Protection, Department of Homeland Security.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day Notice and request for comments; Extension of an existing collection of information.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Importer ID Input Record (CBP Form 5106). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the<E T="04">Federal Register</E>(76 FR 37696) on June 22, 2012, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before October 10, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to<E T="03">oira_submission@omb.eop.gov</E>or faxed to (202) 395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 799 9th Street NW., 5th Floor, Washington, DC 20229-1177, at 202-325-0265.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). The comments should address: (a) Whether the 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 estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs).<PRTPAGE P="55487"/>The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection:</P>
        <P>
          <E T="03">Title:</E>Importer ID Input Record.</P>
        <P>
          <E T="03">OMB Number:</E>1651-0064.</P>
        <P>
          <E T="03">Form Number:</E>CBP Forms 5106.</P>
        <P>
          <E T="03">Abstract:</E>The collection of the information on the Importer ID Input Record (CBP Form 5106) is the basis for identifying entities who wish to import merchandise into the United States, act as consignee on an importation when not the importer of record, or otherwise do business with CBP that would involve the payment of duties, taxes, fees or other monies or the refund of same. Each person, business firm, Government agency, or other organization that intends to file an import entry must file CBP Form 5106 with the first formal entry or request for services that will result in the issuance of a bill or a refund check upon adjustment of a cash collection. This form must also be filed by or on behalf of the ultimate consignee at the first importation in which the party acting as ultimate consignee is so named. CBP Form 5106 is authorized by 19 U.S.C. 1484 and provided for by 19 CFR 24.5. The current version of this form is accessible at:<E T="03">http://forms.cbp.gov/pdf/CBP_Form_5106.pdf.</E>
        </P>
        <P>
          <E T="03">Action:</E>CBP proposes to extend the expiration date of this information collection with an increase in the burden hours from 1,000 hours to 75,000 due to revised estimates by CBP of the number of respondents filing Form 5106. The change in the estimated burden is also due to CBP revising the estimate for the time to complete Form 5106 from 6 minutes to 15 minutes. There are no changes to CBP Form 5106 or to the information collected.</P>
        <P>
          <E T="03">Type of Review:</E>Extension (with change).</P>
        <P>
          <E T="03">Affected Public:</E>Businesses and Individuals.</P>
        <P>
          <E T="03">Estimated Number of Respondents Annually:</E>300,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>15 minutes.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>75,000.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Tracey Denning,</NAME>
          <TITLE>Agency Clearance Officer, U.S. Customs and Border Protection.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22115 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-14-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
        <SUBJECT>Agency Information Collection Activities; Voluntary Customer Survey</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Customs and Border Protection, Department of Homeland Security.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>30-Day notice and request for comments; Extension of an existing information collection: 1651-0135.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Voluntary Customer Survey. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the<E T="04">Federal Register</E>(77 FR 36566) on June 19, 2012, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before October 10, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit written comments on this information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for U.S. Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to<E T="03">oira_submission@omb.eop.gov</E>or faxed to (202) 395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 799 9th Street NW., 5th Floor, Washington, DC 20229-1177, at 202-325-0265.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>CBP invites the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L.104-13). Your comments should address one of the following four points:</P>
        <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;</P>
        <P>(2) Evaluate the accuracy of the agencies/components 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 collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological techniques or other forms of information.</P>
        <P>
          <E T="03">Title:</E>Voluntary Customer Survey.</P>
        <P>
          <E T="03">OMB Number:</E>1651-0135.</P>
        <P>
          <E T="03">Abstract:</E>Customs and Border Protection (CBP) plans to conduct a customer survey of international travelers seeking entry into the United States at the twenty highest volume airports in order to determine perceptions of the arrival process at our ports of entry. This voluntary customer survey will be conducted using short computer or verbal surveys of travelers as they move through entry processing areas. Travelers who do not speak English will be given a written version of the survey in their language and may submit their responses in writing. The survey will include questions about wait times, ease of entry processing, and the level of communication, efficiency and professionalism of CBP officers. The results and analysis of the survey responses will be used to identify actionable items to improve services to the traveling public with respect to the entry processes for travelers arriving at United States air ports of entry.</P>
        <P>
          <E T="03">Action:</E>CBP proposes to extend the expiration date of this information collection with no change to the burden hours.</P>
        <P>
          <E T="03">Type of Review:</E>Extension (without change).</P>
        <P>
          <E T="03">Affected Public:</E>Individuals, Travelers.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>21,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>5 minutes.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>1,743.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Tracey Denning,</NAME>
          <TITLE>Agency Clearance Officer, U.S. Customs and Border Protection.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22229 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-14-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55488"/>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>United States Immigration and Customs Enforcement</SUBAGY>
        <SUBJECT>Agency Information Collection Activities: Designation of Attorney in Fact</SUBJECT>

        <P>The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), will submit the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. The information collection was previously published in the<E T="04">Federal Register</E>on June 14, 2012; Vol. 77 No. 115, 14522 allowing for a 60 day comment period. No comments were received during this period. The purpose of this notice is to allow an additional 30 days for public comments.</P>

        <P>Written comments and suggestions from the public and affected agencies regarding items contained in this notice and especially with regard to the estimated public burden and associated response time should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to OMB Desk Officer, for United States Immigration and Customs Enforcement, Department of Homeland Security, and sent via electronic mail to<E T="03">oira_submission@omb.eop.gov</E>or faxed to (202) 395-5806.</P>
        <P>Comments are encouraged and will be accepted for thirty days until October 10, 2012. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:</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 agencies 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 submission of responses.</P>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection:</E>Extension, without change, of a currently approved information collection.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>Designation of Attorney in Fact.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:</E>(No. Form I-312) U.S. Immigration and Customs Enforcement.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>Primary: Individuals or Households. The I-312 is the instrument the U.S. Immigration and Customs Enforcement (ICE) uses to provide immigration bond obligors a means to designate an attorney to accept on the obligor's behalf, the return of cash or United States bonds or notes deposited to secure an immigration bond upon the cancellation of the bond or the performance of the obligor.</P>
        <P>(5)<E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>12,500 responses at 30 minutes (.50 hours) per response.</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>6,250 annual burden hours. Requests for a copy of the proposed information collection instrument, with instructions; or inquiries for additional information should be directed to: Rich Mattison, U.S. Immigration and Customs Enforcement, 500 12th Street SW., STOP 5705, Washington, DC 20536-5705. Dated: June 13, 2012.</P>
        <SIG>
          <NAME>Rich Mattison,</NAME>
          <TITLE>Chief, Records Management, U.S. Immigration and Customs Enforcement, Department of Homeland Security.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-20315 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-28-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-61]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Study of Public Housing Agencies' Engagement with Homeless Households—Follow-up Sample Survey</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Policy Development and Research, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed information collection.</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 of 1995, Public Law 104-13 (44 U.S.C. 3506 (c) (2) (A)). 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 10, 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 approval Number (2528-new) 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>
        </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 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>

        <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 of information 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 through the use of appropriate automated collection techniques or other forms of information technology that will reduce burden, (e.g., permitting electronic submission of responses)<PRTPAGE P="55489"/>
        </P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Study of Public Housing Agencies' Engagement with Homeless Households—Follow-up Sample Survey.</P>
        <P>
          <E T="03">OMB Control Number:</E>2528-pending.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This information collection will support research that will explore and document how public housing agencies (PHAs) currently serve and interact with homeless households, to achieve the following: (1) Establish a baseline level of PHAs' current engagement in serving homeless households, (2) document the practices of PHAs that have an explicit preference for homeless households; (3) explore PHA perceptions of barriers to, or concerns about, increasing the number of homeless households served or targeting homeless households for priority housing assistance; and (4) identify mechanisms to address or eliminate barriers to serving homeless households in mainstream housing assistance, with a focus on the housing choice voucher (HCV) program and public housing. Findings of this study will enable the U.S. Department of Housing and Urban Development (HUD), which funds PHAs, to develop strategies to expand access to mainstream housing opportunities for homeless households that are rooted in evidence and informed by the PHAs themselves. This proposed data collection consists of a telephone survey to be administered to a purposeful sample of 125 public housing agencies.</P>
        <P>
          <E T="03">Members of affected public:</E>Public housing agencies.</P>
        <P>
          <E T="03">Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>
        </P>
        <GPOTABLE CDEF="s50,r50,12C,12C,12C,12C" COLS="6" OPTS="L2,i1">
          <TTITLE>Estimated Respondent Burden Hours and Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Form</CHED>
            <CHED H="1">Respondent sample</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Average time to complete (minimum, maximum) in minutes</CHED>
            <CHED H="1">Frequency</CHED>
            <CHED H="1">Total burden<LI>(hours)</LI>
            </CHED>
          </BOXHD>
          <ROW RUL="n,s">
            <ENT I="01">Telephone Survey</ENT>
            <ENT>A purposeful sample of public housing agencies</ENT>
            <ENT>125</ENT>
            <ENT>60</ENT>
            <ENT>1</ENT>
            <ENT>125</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total Burden Hours</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>125</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Respondent's Obligation:</E>Voluntary.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>Pending OMB approval.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Title 13 U.S.C. 9(a), and Title 12, U.S.C. 1701z-1<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22212 Filed 9-7-12; 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 5604-N-10]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Funding Availability for OneCPD Technical Assistance and Capacity Building Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Community Planning and Development, U.S. Department of Housing and Urban Development (HUD).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed information collection.</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>November 9, 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/or OMB Control number and should be sent to: Colette Pollard, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4160, Washington, DC 20410-5000; telephone (202) 402-3400, (this is not a toll-free number) or email Ms. Pollard at<E T="03">Colette.Pollard@hud.gov</E>for a copy of proposed forms, or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at (800) 877-8339.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Kenneth Rogers, Team Lead, Technical Assistance Division, Office of Technical Assistance and Management, CPD, Department of Housing and Urban Development, 451 7th Street SW., Room 7218, Washington, DC 20410; telephone (202) 708-3176 (This is not a toll-free number).</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). 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 of information 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 through 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>Notice of Funding Availability for OneCPD Technical Assistance and Capacity Building Program.</P>
        <P>
          <E T="03">Description of the need for the information proposed:</E>Application information is needed to determine competition winners, i.e., those technical assistance providers best able to assist CPD grantees and communities to develop efficient and effective programs and projects that increase the supply of affordable housing units, prevent and reduce homelessness, improve data collection and reporting, and use coordinated neighborhood and<PRTPAGE P="55490"/>community development strategies to revitalize and strengthen their communities.</P>
        <P>
          <E T="03">Agency Form Numbers:</E>SF-424, SF-424CB, SF-424CBW, LLL, 2880.</P>
        <P>
          <E T="03">Members of the affected public:</E>For profit and non-profit organizations or State and local governments equipped to provide technical assistance to recipients of funds administered by the Office of Community Planning and Development (CPD).</P>
        <P>Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</P>
        <GPOTABLE CDEF="s50,14,14,14,14,14" COLS="6" OPTS="L2,tp0,i1">
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per</LI>
              <LI>respondent</LI>
              <LI>annually</LI>
            </CHED>
            <CHED H="1">Total annual<LI>responses</LI>
            </CHED>
            <CHED H="1">Hours<LI>per response</LI>
            </CHED>
            <CHED H="1">Total annual<LI>hours</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Application</ENT>
            <ENT>35</ENT>
            <ENT>1</ENT>
            <ENT>35</ENT>
            <ENT>100</ENT>
            <ENT>3,500</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Work Plans</ENT>
            <ENT>15</ENT>
            <ENT>17</ENT>
            <ENT>255</ENT>
            <ENT>18</ENT>
            <ENT>4,590</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Reports</ENT>
            <ENT>15</ENT>
            <ENT>16</ENT>
            <ENT>240</ENT>
            <ENT>6</ENT>
            <ENT>1,440</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Recordkeeping</ENT>
            <ENT>15</ENT>
            <ENT>12</ENT>
            <ENT>180</ENT>
            <ENT>6</ENT>
            <ENT>960</ENT>
          </ROW>
          <ROW>
            <ENT I="03">TOTAL</ENT>
            <ENT/>
            <ENT/>
            <ENT>710</ENT>
            <ENT/>
            <ENT>10,490</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Status of proposed information collection:</E>New Collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3506 of the Paperwork Reduction act of 1995, 44 U.S.C. Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 28, 2012.</DATED>
          <NAME>Mark Johnston,</NAME>
          <TITLE>Assistant Secretary for Community Planning and Development (Acting).</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22216 Filed 9-7-12; 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-5609-N-11]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection for Public Comment: Neighborhood Stabilization Program Tracking Study</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">Comment Due Date:</E>November 9, 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 electronically to<E T="03">jmailto:udson.l.james@hud.gov</E>or in hard copy to: Judson L. James, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street SW., Room 8120, Washington, DC 20410-6000. Please use “NSP PRA Comment” in the subject line of any email.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Judson L. James at 202-402-5707 (this is not a toll-free number) or<E T="03">judson.l.jamesmailto:@hud.gov,</E>for copies of the proposed forms and other available documents. Please use “NSP PRA Comment” in the subject line of any email.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department of Housing and Urban Development will submit the proposed extension of information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). 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 of information 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 through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Site Visit Protocols for Neighborhood Stabilization Program (NSP2) Evaluation; Second Round.</P>
        <P>
          <E T="03">OMB Control Number:</E>
        </P>
        <P>
          <E T="03">Description of the Need for the Information and Proposed Use:</E>The U.S. Department of Housing and Urban Development (HUD) is conducting an important national study of the Neighborhood Stabilization Program (NSP), with a particular focus on the round of funding from the American Recovery and Reinvestment Act (ARRA), known as “NSP2.” This information collection will constitute the second round of site visits and interviews of NSP2 grantees, as well as collection of grantees' property-level data on NSP2 activities conducted. The information collected will be used to describe how program implementation occurred in practice, gather views of what program outcomes and impacts have occurred, and explore factors that contributed to program outcomes.</P>
        <P>
          <E T="03">Agency Form Numbers:</E>
        </P>
        <P>
          <E T="03">Members of the Affected Public:</E>A total of 29 NSP2 grantees (25 local and 4 national) and 50 partner agencies will be part of the study. Staff of these grantees will be asked to participate in interviews with HUD's contractor and to provide HUD's contractor with access to their records for tracking program activity. Local interviews will take approximately 2 hours per person and will be administered to approximately 4 staff per NSP2 grantee and 4 additional staff among partner agencies. Interviews with national grantees will be administered to approximately 2 staff per NSP2 grantee.</P>
        <P>Property-level data will be compiled either by grantee representatives or by a HUD contractor. Approximately one-half of the 29 grantees (or 14 grantees) and 25 partner organizations will likely chose to report the required data themselves via the study's preformatted spreadsheet. HUD estimates that each spreadsheet will take one person about 1.5 working days (12 hours) to complete, on average.</P>

        <P>For the remaining 15 grantees and 25 partner organizations, the data will be compiled by the research team with the support of local representatives. The majority of this effort will be conducted<PRTPAGE P="55491"/>by the researcher. HUD estimates that it will take approximately two hours per grantee and partner organization to provide access to records during this time (e.g., pulling the appropriate files).</P>
        <P>
          <E T="03">Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>The following chart details the respondent burden on a quarterly and annual basis:</P>
        <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>entities</LI>
            </CHED>
            <CHED H="1">Responses per entity</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Interviews: Local NSP grantees</ENT>
            <ENT>25</ENT>
            <ENT>4</ENT>
            <ENT>2</ENT>
            <ENT>200</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Interviews: Local Partner agencies</ENT>
            <ENT>50</ENT>
            <ENT>4</ENT>
            <ENT>2</ENT>
            <ENT>400</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Interviews: National NSP2 grantees</ENT>
            <ENT>4</ENT>
            <ENT>2</ENT>
            <ENT>2</ENT>
            <ENT>16</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Providing Access to Records</ENT>
            <ENT>40</ENT>
            <ENT>1</ENT>
            <ENT>2</ENT>
            <ENT>80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Compiling Records</ENT>
            <ENT>39</ENT>
            <ENT>1</ENT>
            <ENT>12</ENT>
            <ENT>468</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Status of the proposed information collection:</E>Pending OMB approval.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Erika C. Poethig,</NAME>
          <TITLE>Assistant Secretary for Policy Development and Research.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22213 Filed 9-7-12; 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-5605-N-01]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection; Comment Request: Fair Housing Initiatives Program Grant Application and Monitoring Reports</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO), Department of Housing and Urban Development (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 of 1995. The Department is soliciting public comments on the subject proposal.</P>
          <P>This information is required by the grant application to assist the Department in selecting the highest ranked applicants to receive funds under the Fair Housing Initiatives Program and carry out fair housing enforcement and/or education and outreach activities under the following initiatives; Private Enforcement, Education and Outreach, and Fair Housing Organization. The information collected from quarterly and final progress reports and enforcement logs will enable the Department to evaluate the performance of agencies that receive funding and determine the impact of the program on preventing and eliminating discriminatory housing practices.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date: November 9, 2012.</E>
          </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 Paula Stone, FHIP Division, Office of Programs, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 5222 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>Program Contact, Myron Newry, Director, FHIP Division, Office of Programs, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 5222, telephone (202) 402-7095 (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 Department's program functions, including whether the information will have practical utility; (2) Evaluate the accuracy of the Department's assessment of the paperwork burden that may result from the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information which may be collected; and (4) Minimize the burden of the information collection on responders, including the use of appropriate automated collection techniques or other forms of information technology (e.g., electronic transmission of data).</P>
        <P>
          <E T="03">Title of Proposal:</E>24 CFR part 125, Fair Housing Initiatives Program.</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2529-0033.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This is an extension of a currently approved information collection used to select applicants for the Fair Housing Initiatives Program (FHIP) grants under a FHIP Notice of Funding Availability (NOFA). These grants are to fund fair housing enforcement and/or education and outreach activities under the following initiatives: Administrative Enforcement; Private Enforcement, Education and Outreach, and Fair Housing Organizations. Additionally, the information is collected to monitor grants and grant funds.</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>HUD 904 A, B and C, SF-425, SF-424, SF-LLL, HUD-2880, HUD-2990, HUD-2993, HUD-424CB, HUD-424-CBW, HUD2994-A, HUD-96010, and HUD-27061.</P>
        <P>
          <E T="03">Members of the affected public:</E>The collection of information involves Qualified Fair Housing Organizations (QFHOs); Fair Housing Organizations (FHOs); public or private non-profit organizations or institutions and other public or private entities that are working to prevent or eliminate discriminatory housing practices; State and local governments; and Fair Housing Assistant Program Agencies.</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>An estimation of 46,420 total hours is needed to prepare the information collection. The number of respondents is 400 with a frequency response of 1 per annum, and the total hours per respondent is 76.50 hours for application development. There is an estimated 104 agencies that will receive funding and have to provide quarterly and final reports, with approximately 59 having to provide Enforcement Logs and 1 agency reporting on a semi-annual<PRTPAGE P="55492"/>basis. The estimated number of respondents is based on the average of the number of submissions for NOFA years 2009 to current. The number of hours is an average based on grantee estimates of time to review instructions, search existing data sources, prepare required responses to the application, complete the certification, and assemble exhibits.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>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 3, 2012.</DATED>
          <NAME>Sara Pratt,</NAME>
          <TITLE>Deputy Assistant Secretary for Enforcement and Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22215 Filed 9-7-12; 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-5657-N-01]</DEPDOC>
        <SUBJECT>Notice of Availability: Funding for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas: Request for Comments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of General Counsel, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>HUD announces the availability, on its Web site, of instructions, eligibility, and selection criteria on the funding process for tenant protection vouchers for certain at-risk households in low-vacancy areas, as provided for in the Consolidated and Further Continuing Appropriations Act, 2012 (2012 Appropriations Act), and seeks public comment on these instructions and criteria. The instruction, eligibility and selection criteria for this funding process are set forth in a notice posted on HUD's Web site at the addresses provided in the<E T="02">Supplementary Information</E>section of this notice.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comment Due Date:</E>October 10, 2012<E T="03">.</E>
          </P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding the notice posted on HUD's Web site to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.</P>
          <P>1.<E T="03">Submission of Comments by Mail.</E>Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.</P>
          <P>2.<E T="03">Electronic Submission of Comments.</E>Interested persons may submit comments electronically through the Federal eRulemaking Portal at<E T="03">www.regulations.gov.</E>HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the<E T="03">www.regulations.gov</E>Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically.</P>
        </ADD>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile (FAX) comments are not acceptable.</P>
        </NOTE>
        <P>
          <E T="03">Public Inspection of Public Comments.</E>All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at<E T="03">www.regulations.gov.</E>
        </P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Any questions regarding this notice should be directed to the Housing Voucher and Management Operations Division, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410-8000, telephone number 202-708-0477 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>The 2012 Appropriations Act (Pub. L. 112-55, approved November 18, 2011) provides that up to $10,000,000 of the $75,000,000 appropriated for tenant protection actions may be made available to provide housing choice voucher rental assistance to residents residing in low-vacancy areas and who may have to pay rents greater than 30 percent of household income, as the result of certain specified conditions. The 2012 Appropriations Act provides that the tenant protection assistance may be provided as either enhanced vouchers or project-based voucher assistance.</P>

        <P>HUD's notice that provides the instructions, eligibility, and selection criteria on the funding process for tenant protection vouchers for certain at-risk households in low-vacancy areas can be found on HUD's Web site at the following addresses:<E T="03">http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/notices/pih</E>and at<E T="03">http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/notices/hsg.</E>
        </P>
        <P>HUD is seeking public comment on this notice. Following receipt and consideration of public comment, a final notice will be issued with final instructions, eligibility, and selection criteria, which may include revisions to the instructions and criteria contained in the notice that has been posted on HUD's Web site, at the Web site addresses listed above.</P>
        <SIG>
          <DATED>Dated: August 30, 2012.</DATED>
          <NAME>Camille E. Acevedo,</NAME>
          <TITLE>Associate General Counsel for Legislation and Regulations.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22120 Filed 9-7-12; 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-5661-N-01]</DEPDOC>
        <SUBJECT>Mortgagee Review Board: Administrative Actions</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>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In compliance with section 202(c)(5) of the National Housing Act, this notice advises of the cause and description of administrative actions taken by HUD's Mortgagee Review<PRTPAGE P="55493"/>Board against HUD-approved mortgagees.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Nancy A. Murray, Secretary to the Mortgagee Review Board, 451 Seventh Street SW., Room B-133/3150, Washington, DC, 20410-8000; telephone (202) 708-2224 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Service at (800) 877-8339.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Section 202(c)(5) of the National Housing Act (12 U.S.C. 1708(c)(5)) requires that HUD “publish a description of and the cause for administrative action against a HUD-approved mortgagee” by the Department's Mortgagee Review Board (“Board”). In compliance with the requirements of Section 202(c) (5), this notice advises of actions that have been taken by the Board from August 1, 2011 to December 31, 2011.</P>
        <HD SOURCE="HD1">I. Settlement Agreements, Civil Money Penalties, Withdrawals of FHA Approval, Suspensions, Probations, Reprimands, and Administrative Payments</HD>
        <HD SOURCE="HD2">1. Euro Mortgage Bankers, Inc., Melville, NY [Docket No. 11-1120-MR]</HD>
        <P>
          <E T="03">Action:</E>On November 30, 2011, the Board issued a Notice of Administrative Action permanently withdrawing the FHA approval of Euro Mortgage Bankers, Inc. (“EMB”).</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: EMB used falsified and/or conflicting information in the origination of HUD/FHA loans; failed to ensure loan applications were taken and processed by authorized employees; failed to ensure that documents were not handled by an interested third party; failed to adequately document the income used to qualify the borrower; failed to document the source of funds used for the downpayment and/or closing costs; failed to perform quality control on all loans that went into default within the first six months; and failed to timely submit audited financial statements and supplementary reports to HUD.</P>
        <HD SOURCE="HD2">2. Superior Mortgage Corporation, Hammonton, NJ [Docket No. 11-1177-MR]</HD>
        <P>
          <E T="03">Action:</E>On October 11, 2011, the Board entered into a Settlement Agreement with Superior Mortgage Corporation (“Superior”) that required Superior to pay a civil money penalty in the amount of $10,000, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Superior failed to notify the Department that it had paid a fine in the amount of $30,000 to the Department of Banking of the Commonwealth of Pennsylvania; failed to ensure that only principal owners or corporate officers submit the annual certification report; and submitted a false certification to HUD when it submitted its electronic annual certification for 2011.</P>
        <HD SOURCE="HD2">3. Town Square Mortgage &amp; Investments, Inc., Frisco, TX [Docket No. 11-1194-MR]</HD>
        <P>
          <E T="03">Action:</E>On September 20, 2011, the Board entered into a Settlement Agreement with Town Square Mortgage &amp; Investments, Inc. (“Town Square Mortgage”)<E T="03"/>that required Town Square Mortgage to pay a civil money penalty in the amount of $11,000, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Town Square Mortgage submitted false audited financial statements to HUD for Fiscal Year ending April 30, 2010, when it claimed ownership of a residential condominium unit located in Apollo Beach, Florida; submitted audited financial statements to HUD that were not in conformity with Generally Accepted Accounting Principles due to the improper capitalization of a residential condominium unit; and displayed the FHA/HUD logo on its Web site when promoting its FHA mortgage services.</P>
        <HD SOURCE="HD2">4. Wall Street Financial Corporation, Fairfield, NJ [Docket No. 11-1179-MR]</HD>
        <P>
          <E T="03">Action:</E>On November 8, 2011, the Board issued a Notice of Administrative Action withdrawing the FHA approval of Wall Street Financial Corporation (“WSFC”) for a period of one year.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: WSFC failed to timely submit or complete its audited financial statements for its fiscal year ending December 31, 2010; failed to pay its annual certification fee; and failed to submit its annual certification for 2010.</P>
        <HD SOURCE="HD2">5. Franklin American Mortgage Company, Franklin, TN [Docket No. 11-1202-MR]</HD>
        <P>
          <E T="03">Action:</E>On October 4, 2011, the Board entered into a Settlement Agreement with Franklin American Mortgage Company (“FAMC”) that required FAMC to pay a civil money penalty in the amount of $14,500, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: FAMC failed to notify HUD that it paid a fine in the amount of $6,750 to the Department of Banking of the Commonwealth of Pennsylvania to resolve allegations that FAMC had violated the Mortgage Licensing Act, and submitted a false certification to HUD when it submitted it electronic annual certification for 2011.</P>
        <HD SOURCE="HD2">6. Midland Mortgage Co., Oklahoma City, OK [Docket No. 10-1999-MR]</HD>
        <P>
          <E T="03">Action:</E>On November 23, 2011, the Board entered into a Settlement Agreement with Midland Mortgage Company (“MMC”) that required MMC, without admitting fault or liability, to pay a civil money penalty in the amount of $1,300,000 and to pay all outstanding mortgage insurance premiums owed to HUD.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: MMC failed to remit mortgage insurance premiums to HUD/FHA on 3,438 loans, and failed to notify HUD/FHA within fifteen (15) days of the termination of 2,488 contracts for mortgage insurance.</P>
        <HD SOURCE="HD2">7. UnionFederal Mortgage Corporation, Nanuet, NY [Docket No. 11-1205-MR]</HD>
        <P>
          <E T="03">Action:</E>On November 30, 2011, the Board issued a Notice of Administrative Action withdrawing the FHA approval of UnionFederal Mortgage Corporation (“UFMC”) for a period of one year.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violation of HUD/FHA requirements alleged by HUD: UFMC failed to notify HUD that it voluntarily surrendered its license to the New York State Banking Department on or about October 20, 2010.</P>
        <HD SOURCE="HD2">8. Vanguard Funding, LLC, Garden City, NY [Docket No. 11-1102-MR]</HD>
        <P>
          <E T="03">Action:</E>On November 28, 2011, the Board entered into a Settlement Agreement with Vanguard Funding, LLC (“VF”) that required VF, without admitting fault or liability, to pay a civil money penalty in the amount of $101,500, to indemnify HUD against losses relating to five (5) FHA-insured loans for a period of five (5) years from the date of the Settlement Agreement, and to require third party training for its underwriters.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by<PRTPAGE P="55494"/>HUD: VF failed to notify HUD within ten (10) business days that it was the subject of two state enforcement actions prohibiting it from originating mortgages; VF originated six (6) FHA-insured mortgages in the state of New York while it was the subject of an order from the state of New York suspending its mortgage banker license; VF permitted a non-FHA approved mortgage broker to perform loan origination services on two (2) FHA-insured loans; VF approved three (3) loans for borrowers who were ineligible for federally insured mortgages due to outstanding delinquent federal debt; VF approved two (2) FHA-insured loans without adequately documenting the income used to qualify the borrowers; VF approved three (3) FHA-insured loans without resolving discrepancies in the loan files relating to the borrowers' income and employment; VF failed to document the source of gift funds on three (3) FHA-insured loans; VF approved a loan when the borrower did not meet the minimum credit requirements; VF approved one loan where it omitted a liability of the borrower in the underwriting analysis; VF accepted three (3) loan applications from loan correspondents for which VF was not an FHA approved Sponsor; and VF failed to review five (5) FHA-insured loans that went into early payment default within the first six (6) months of repayment.</P>
        <HD SOURCE="HD2">9. Wells Fargo Bank, N.A., Minneapolis, MN [Docket No. 11-1183-MR]</HD>
        <P>
          <E T="03">Action:</E>On December 20, 2011, the Board issued a letter of reprimand to Wells Fargo Bank, N.A. (“Wells Fargo”).</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Wells Fargo failed to comply with property preservation and protection requirements on two (2) HUD-insured homes following foreclosure.</P>
        <HD SOURCE="HD2">10. MetLife Bank, N.A., Bridgewater, NJ [Docket No. 11-1148-MR]</HD>
        <P>
          <E T="03">Action:</E>On December 12, 2011, the Board entered into a Settlement Agreement with MetLife Bank, N.A. (“MetLife”) that required MetLife, without admitting fault or liability, to pay an administrative payment in the amount of $41,250 and waive all insurance benefits or indemnify HUD against any losses relating to eleven (11) FHA-insured mortgages for a period of five (5) years from the date of the Settlement Agreement.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements self-reported by MetLife: MetLife violated HUD/FHA requirements when it approved eleven (11) FHA-insured loans without identifying irregularities and resolving discrepancies and conflicting information in the loan files; MetLife violated HUD/FHA requirements on six (6) FHA-insured loans when it failed to adequately document the borrowers' income; MetLife violated HUD/FHA requirements when it approved four (4) FHA-insured loans after failing to ensure that documents were not handled by an interested third party; MetLife violated HUD/FHA requirements on four (4) FHA-insured transactions when it failed to document the source of funds used for the borrowers' down- payments and/or closing costs; MetLife violated HUD/FHA requirements when it approved three (3) FHA-insured loans and omitted monthly debt obligations from its underwriting analysis; MetLife violated HUD/FHA requirements when it approved an FHA-insured loan for a borrower who was ineligible because of an outstanding court-ordered judgment; MetLife violated HUD/FHA requirements when it approved a loan for FHA mortgage insurance without ensuring the borrower met the statutory 3.5% minimum investment requirement; and MetLife violated HUD/FHA requirements when it approved a loan for a borrower that was over-insured by $3,598.54, because it had failed to consider the seller's inducement to purchase.</P>
        <HD SOURCE="HD2">11. Reliance First Capital, LLC Melville, NY [Docket No. 11-1203-MR]</HD>
        <P>
          <E T="03">Action:</E>On December 22, 2011, the Board entered into a Settlement Agreement with Reliance First Capital, LLC (“Reliance”) that required Reliance to pay a civil money penalty in the amount of $11,000, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Reliance failed to notify HUD that it agreed to pay a fine in the amount of $5,000 to the Department of Banking of the Commonwealth of Pennsylvania, and submitted a false certification to HUD when it submitted its electronic annual certification for 2011.</P>
        <HD SOURCE="HD2">12. Virginia Commonwealth Bank, Petersburg, VA [Docket No. 11-1273-MR]</HD>
        <P>
          <E T="03">Action:</E>On December 8, 2011, the Board entered into a Settlement Agreement with Virginia Commonwealth Bank (“VCB”) that required VCB, without admitting fault or liability, to pay a civil money penalty in the amount of $6,725 and to remit all outstanding mortgage insurance premiums and late fees owed to HUD.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: VCB failed to timely remit mortgage insurance premiums on forty-four (44) loans.</P>
        <HD SOURCE="HD2">13. E Mortgage Management, LLC, Haddon Township, NJ [Docket No. 11-1200-MR]</HD>
        <P>
          <E T="03">Action:</E>On February 3, 2012, the Board entered into a Settlement Agreement with E Mortgage Management, LLC (“EMM”) that required EMM to pay a civil money penalty in the amount of $14,500, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: EMM failed to notify HUD that EMM agreed to pay a fine in the amount of $61,500 to the Department of Banking of the Commonwealth of Pennsylvania, and submitted a false certification to HUD when it submitted its electronic Annual Certifications for 2011.</P>
        <HD SOURCE="HD2">14. Master Mortgage Corporation, Bayamon, PR [Docket No. 11-1147-MR]</HD>
        <P>
          <E T="03">Action:</E>On February 3, 2012, the Board issued a Notice of Administrative Action withdrawing the FHA approval of Master Mortgage Corporation (“MMC”) for five years.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: MMC failed to timely submit audited financial statements and supplementary reports to HUD, and failed to notify HUD that MMC and MMC's President were issued a Complaint and Cease and Desist Order from the Commissioner of Financial Institutions of Puerto Rico that required MMC to pay fines totaling $280,000, ordered MMC to permanently cease and desist from operating and engaging in the business of a mortgage institution in Puerto Rico, required MMC to immediately surrender its mortgage institution's license, and barred MMC's president from serving as an officer, director, or owner of any financial institution.</P>
        <HD SOURCE="HD2">15. Clarion Mortgage Capital, Inc., Greenwood Village, CO [Docket No. 10-1798-MR]</HD>
        <P>
          <E T="03">Action:</E>On February 23, 2011, the Board entered into a Settlement Agreement with Clarion Mortgage Capital, Inc. (“Clarion”) that required Clarion to pay a civil money penalty in the amount of $45,000, without admitting fault or liability.<PRTPAGE P="55495"/>
        </P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Clarion failed to comply with HUD's quality control requirements; violated HUD's mortgagee employee and staffing requirements; and charged unallowable and unsupported fees.</P>
        <HD SOURCE="HD2">16. PHH Home Loans, LLC, Mount Laurel, NJ [Docket No. 11-1201-MR]</HD>
        <P>
          <E T="03">Action:</E>On February 15, 2012, the Board entered into a Settlement Agreement with PHH Home Loans, LLC (“PHH”) that required PHH to pay a civil money penalty in the amount of $14,500, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: PHH failed to notify HUD that PHH agreed to pay a fine of $11,750 to the Department of Banking of the Commonwealth of Pennsylvania; failed to notify HUD that it paid a fine of $50,000 to the Illinois Department of Financial and Professional Regulation; and submitted a false certification to HUD when it submitted its electronic annual certification for 2011.</P>
        <HD SOURCE="HD2">17. HomeState Mortgage Company, LLC, Anchorage, AK [Docket No. 11-1286-MR]</HD>
        <P>
          <E T="03">Action:</E>On April 3, 2012, the Board entered into a Settlement Agreement with HomeState Mortgage Company, LLC (“HMC”) that required HMC, without admitting fault or liability, to pay a civil money penalty in the amount of $15,000 and to complete a six-month period of probation, during which time HMC must submit all marketing materials to HUD on a quarterly basis for review and approval.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: HMC reproduced the official HUD seal on an advertisement or business solicitation, and disseminated a misrepresentative or misleading advertisement or business solicitation to the public.</P>
        <HD SOURCE="HD2">18.<E T="03">United Northern Mortgage Bankers, LTD, Levittown, NY [Docket No. 11-1149-MR]</E>
        </HD>
        <P>
          <E T="03">Action:</E>On March 16, 2012, the Board entered into a Settlement Agreement with United Northern Mortgage Bankers LTD (“UNMB”) that required UNMB, without admitting fault or liability, to pay a civil money penalty in the amount of $25,000, indemnify HUD against losses relating to two FHA-insured loans for a period of five years, and complete a six-month period of probation during which time UNMB must submit the results of its monthly QC audits and certifications as to its QC staffing and operations.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: UNMB failed to ensure that the quality control reviews for early payment defaults were completed; used conflicting information in originating and obtaining HUD/FHA mortgage insurance; and failed to adequately document the stability of income used to qualify the borrowers.</P>
        <HD SOURCE="HD2">19. Fifth Third Bank, Cincinnati, OH [Docket No. 10-1998-MR]</HD>
        <P>
          <E T="03">Action:</E>On April 27, 2012, the Board entered into a Settlement Agreement with Fifth Third Bank (“Fifth Third”) that required Fifth Third to pay a civil money penalty in the amount of $700,000, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based on the following violations of HUD/FHA requirements alleged by HUD: Fifth Third failed to timely remit mortgage insurance premiums to HUD/FHA, and failed to notify HUD/FHA within 15 calendar days of the termination, transfer or sale of mortgage insurance contracts.</P>
        <HD SOURCE="HD1">II. Lenders That Failed To Timely Meet Requirements for Annual Recertification of HUD/FHA Approval</HD>
        <P>
          <E T="03">Action:</E>The Board entered into settlement agreements with the lenders listed below, which required the lender to pay a $7,500 or $3,500 civil money penalty, without admitting fault or liability.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based upon allegations that the lenders listed below failed to comply with the Department's annual recertification requirements in a timely manner.</P>
        <P>1. Anchor Funding Corporation, Norcross, GA ($7,500.00)<E T="03">[Docket No. 11-1225-MRT]</E>
        </P>
        <P>2. Freyre Mortgage Corp., San Juan, PR. ($3,500.00)<E T="03">[Docket No. 11-1229-MRT</E>
          <E T="03">]</E>
        </P>
        <HD SOURCE="HD1">III. Lenders That Failed To Meet Requirements for Annual Recertification of HUD/FHA Approval</HD>
        <P>
          <E T="03">Action:</E>The Board voted to withdraw the FHA approval of each of the lenders listed below for a period of one year.</P>
        <P>
          <E T="03">Cause:</E>The Board took this action based upon allegations that the lenders listed below were not in compliance with the Department's annual recertification requirements.</P>
        <P>1. First Home Mortgage, Inc., Jonesboro, AR<E T="03">[Docket No. 12-1642-MRT]</E>.</P>
        <P>2. HCL Finance Inc., San Jose, CA<E T="03">[Docket No. 12-1641-MRT]</E>.</P>
        <P>3. Ikon Mortgage Lenders, Inc., Fort Lauderdale, FL<E T="03">[Docket No. 09-9910-MRT]</E>.</P>
        <P>4. Delta Home and Lending, Inc., Sacramento, CA<E T="03">[Docket No.12-1643-MRT]</E>.</P>
        <P>5. Axiom Mortgage Bankers Corporation, Irvine, CA<E T="03">[Docket No. 11-1234-MRT]</E>.</P>

        <P>6. Red Rock Mortgage &amp; Lending, LLC., Oklahoma City, OK [<E T="03">Docket No. 11-1233-MRT</E>].</P>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Carol J. Galante,</NAME>
          <TITLE>Acting Assistant Secretary for Housing-Federal Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22126 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[LLAZP02000.L54100000.FR0000.LVCLA10A5170.241A; AZA 35235]</DEPDOC>
        <SUBJECT>Notice of Realty Action: Application for Conveyance of Federally Owned Mineral Interests in Maricopa County, AZ</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Bureau of Land Management (BLM) is processing an application under the Federal Land Policy and Management Act to convey the federally owned mineral interests of 111.33 acres located in Maricopa County, Arizona, to the surface owner, Gavilan Peak Estates, LLC. Upon publication of this notice, the BLM is temporarily segregating the federally owned mineral interests in the land covered by the application from all forms of appropriation under the mining and mineral leasing laws for up to 2 years while the BLM processes the application.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Interested persons may submit written comments to the BLM at the address listed below. Comments must be received no later than October 25, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Bureau of Land Management, Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona 85004. Detailed information concerning this action is available for review at this address.</P>
        </ADD>
        <FURINF>
          <PRTPAGE P="55496"/>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Vivian Titus, Senior Land Law Examiner, at 602-417-9598. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question for the above individual. You will receive a reply during normal business hours.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The location of the federally owned mineral interest segregated by this notice is intended to be identical in location as the privately owned surface interest of the applicant, as described in the applicant's deeds recorded on June 21, 2006, at the Maricopa County Recorder's office under Recordation Numbers 20060834935 and 20060834944. The lands referred to in this notice consist of four individual parcels, described in the two deeds mentioned above, and are described as follows:</P>
        <HD SOURCE="HD1">Gila and Salt River Base and Meridian</HD>
        <HD SOURCE="HD2">Parcel 1</HD>
        <P>The Southwest Quarter of the Southeast Quarter, the South Half of the Northwest Quarter of the Southeast Quarter, the South Half of the Northeast Quarter of the Southwest Quarter, and the East Half of the Southeast Quarter of the Southwest Quarter;</P>
        <P>Except the East 528 feet of the East Half of the Southeast Quarter of the Southwest, all in Section 35, Township 7 North, Range 2 East, Gila and Salt River Base and Meridian, Maricopa, Arizona.</P>
        <HD SOURCE="HD2">Parcel 2</HD>
        <P>That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 7 North, Range 2 East, Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows:</P>
        <P>Beginning at a point 658.00 feet West of the Brass Cap and the Southeast corner of Section 35, Township 7 North, Range 2 East; Thence North 754.85 feet to a set point; Thence West 577.00 feet to a set point; Thence South 755.26 feet to a set point; Thence East 577.00 feet to a point of beginning; Except any part thereof lying within the following described parcel: Commencing at the East Quarter corner of said Section 35; Thence South along the East line of said Section 35, a distance of 785 feet; Thence West 675 feet to the True Point of Beginning; Thence South Parallel to and 675 feet West of the East line of said Section 35, a distance of 1100 feet; Thence West 570 feet; Thence North 1100 feet; Thence East 570 feet to the True Point of Beginning.</P>
        <HD SOURCE="HD2">Parcel 3</HD>
        <P>That part of the East Half of the Southeast Quarter of Section 35, Township 7 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying West of the West lines of those certain parcels described in Docket 11938, Page 261; and in Docket 14071, Page 774; and lying South of the North line of said parcel described in Docket 14071, Page 774; extended westerly.</P>
        <HD SOURCE="HD2">Parcel 4</HD>
        <P>A part of the Southeast Quarter of Section 35, Township 7 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the East Quarter corner of said Section 35; Thence South along the East line of said Section 35, a distance of 785 feet; Thence West 675 feet to the Point of Beginning; Thence South parallel to and 675 feet West of the East line of said Section 35, a distance of 1,100 feet; Thence West 570 feet; Thence North 1,100 feet; Thence East 570 feet to the Point of Beginning.</P>
        <P>The areas described aggregates approximately 111.33 acres in Maricopa County, Arizona.</P>
        <P>Under certain conditions, Section 209(b) of the Federal Land Policy and Management Act of October 21, 1976, 43 U.S.C. 1719, authorizes the sale and conveyance of the federally owned mineral interests in land when the surface estate is not federally owned. The objective is to allow consolidation of the surface and mineral interests when either one of the following conditions exist: (1) There are no known mineral values in the land; or (2) Where continued Federal ownership of the mineral interests interferes with or precludes appropriate non-mineral development and such development is a more beneficial use of the land than mineral development.</P>
        <P>An application was filed for the sale and conveyance of the federally owned mineral interests in the above-described parcels of land. Subject to valid existing rights, on September 10, 2012 the federally owned mineral interests in the lands described above are hereby segregated from all forms of appropriation under the general mining and mineral leasing laws, while the application is being processed to determine if either one of the two specified conditions exists and, if so, to otherwise comply with the procedural requirements of 43 CFR part 2720. The segregative effect shall terminate upon: (1) Issuance of a patent or other document of conveyance as to such mineral interests; (2) Final rejection of the application; or (3) September 10, 2014, whichever occurs first.</P>
        <P>
          <E T="03">Comments:</E>Your comments are invited. Please submit all comments in writing to Vivian Titus at the address listed above. 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 available to the public 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>43 CFR 2720.1-1(b).</P>
        </AUTH>
        <SIG>
          <NAME>Julie A. Decker,</NAME>
          <TITLE>Deputy State Director, Resources.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22220 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-32-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[LLCAN00000.L18200000.XZ0000]</DEPDOC>
        <SUBJECT>Notice of Temporary Closure of Public Lands in Eastern Lassen County, California, and Western Washoe County, Nevada</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given that BLM-managed public lands in the area affected by the Rush Fire in eastern Lassen County, California, and western Washoe County, Nevada, are closed to public access because of dangers posed by the Rush Fire. Exempted from this closure are personnel and vehicles involved with fire suppression and resource protection and State, local and Federal officials involved with enforcement. This closure is necessary to protect public health and safety.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The temporary closure is effective August 14, 2012, and will be lifted no later than September 14, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Lynda Roush, Acting Northern California District Manager, 707-825-2309; or BLM Eagle Lake Field Office Manager Ken Collum, 530-252-5374. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the<PRTPAGE P="55497"/>above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This closure affects all public lands bounded by the Juniper Ridge and Tuledad Roads, (combined Lassen County Road 522), the Stage Road (Lassen County Road 504), Marr Road (Lassen County Road 526) and the BLM Buckhorn Road on the north; U. S. Highway 395 on the west; Nevada Highway 447 and the Sand Pass Road on the east; and the Wendel Road on the south. The closure begins at T34N, R13E, SE corner of Section 25 and continues through the entire fire area. This closure is made under authority of 43 CFR 8364. Any person who fails to comply with the provisions of this closure order may be subject to the penalties provided in 43 CFR 8360.0-7. Specific roads included in the closure are Ryepatch Road, Horn Road, Garate Road, Ramhorn Road, Shinn Ranch Road, Stoney Road, Deep Cut Road, Smoke Creek Road, Skedaddle Ranch Road, Brubeck Road, Dry Valley Road, and Buckhorn Road from the junction with Lassen County Road 526 (the Marr Road) to the junction with Nevada State Highway 447. The Ramhorn Springs Campground and the Dodge Reservoir and Campground are also closed.</P>
        <SIG>
          <NAME>Thomas Pogacnik,</NAME>
          <TITLE>Deputy State Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22222 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-40-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Reclamation</SUBAGY>
        <SUBJECT>Notice of Intent To Prepare an Environmental Impact Statement and Announcement of Public Scoping Meetings for Continued Operation of the Paradox Valley Unit, Montrose County, CO</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Reclamation, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of intent.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to the National Environmental Policy Act of 1969, as amended, the Bureau of Reclamation intends to prepare an environmental impact statement to identify and evaluate brine disposal alternatives to replace or supplement the existing Brine Injection Well No. 1 which has a projected remaining useful life of three to five years under current operations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on the scope of the environmental impact statement (EIS) will be accepted from September 10, 2012, to November 26, 2012.</P>

          <P>Three public scoping meetings will be held to solicit public input on the scope of the EIS, potential alternatives, and issues to be addressed in the EIS. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for meeting dates.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments regarding the scope and content of the EIS should be sent to Mr. Terence Stroh, Bureau of Reclamation, Western Colorado Area Office, 2764 Compass Drive, Suite 106, Grand Junction, Colorado 81506; telephone (970) 248-0608; facsimile (970) 248-0601; or email at<E T="03">paradoxeis@usbr.gov.</E>
          </P>

          <P>Those not desiring to submit comments or suggestions at this time, but who would like to receive a copy of the EIS, should contact Mr. Stroh using the information cited above. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for locations of public scoping meetings.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Terence Stroh, Bureau of Reclamation, 2764 Compass Drive, Suite 106, Grand Junction, Colorado 81506; telephone (970) 248-0608; email at<E T="03">TStroh@usbr.gov;</E>or Mr. Andy Nicholas, Bureau of Reclamation, Paradox Valley Field Office, P.O. Box 20, Bedrock, Colorado 81411; telephone (970) 859-7214; email at<E T="03">ANicholas@usbr.gov;</E>or Mr. Kib Jacobson, Bureau of Reclamation, 125 South State Street, Room 6107, Salt Lake City, Utah 84138; telephone (801) 524-3753; email at<E T="03">KJacobson@usbr.gov.</E>
          </P>
          <P>Persons who use a telecommunications device for the deaf may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual(s) during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual(s). You will receive a reply during normal business hours.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Paradox Valley Unit was constructed to assist in meeting the objectives and standards of the Federal Water Pollution Control Act of 1948 (Pub. L. 80-845) and the Colorado River Basin Salinity Control Act of 1974, as amended and supplemented (Pub. L. 93-320), which authorizes the construction, operation, and maintenance of works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico. Authorized facilities included wells, pumps, pipelines, solar evaporation ponds, and all necessary appurtenant and associated works such as roads, fences, dikes, power transmission facilities, and permanent operating facilities.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>The Paradox Valley Unit is located along the Dolores River in the Paradox Valley in Montrose County, Colorado, about ten miles east of the Colorado-Utah state line. The Dolores River is a major tributary to the Colorado River. Groundwater in the Paradox Valley is highly saline. Saline concentrations in this area have been measured in excess of 250,000 milligrams per liter; by far one of the most concentrated sources in the Colorado River Basin. Groundwater then surfaces into the Dolores River. Studies show that the Dolores River accumulated more than 205,000 tons of salt annually before the Paradox Valley Unit began operation.</P>
        <P>The Paradox Valley Unit presently consists of a brine collection well field, brine surface treatment facility, brine injection facility, a 16,000-foot injection well, and associated roads, pipelines, and electrical facilities. Unit operations have been adjusted over time to address increased seismic activity and injection pressures. Under normal operations, the Paradox Valley Unit averages injection of about nine to ten million gallons of brine per month. The Unit currently controls about 110,000 tons of salt per year that would have entered the Dolores River and, in turn, degraded the water quality of the mainstem of the Colorado River.</P>
        <HD SOURCE="HD1">Proposed Action</HD>
        <P>The proposed action is to identify, evaluate, and implement brine disposal alternatives to replace or supplement Brine Injection Well No. 1 which was built in 1988 and has a projected remaining useful life of three to five years, under current operations, provided that acceptable seismicity levels and well integrity are maintained.</P>
        <HD SOURCE="HD1">Need for Action</HD>

        <P>The Bureau of Reclamation's Paradox Valley Unit is one of the most effective salinity control projects in the Colorado River Basin and provides about ten percent of the total salinity control in the Colorado River at Imperial Dam. Because the existing brine injection well is nearing the end of its useful life, another well or alternative brine disposal mechanism is needed for continued enhancement and protection of the quality of water available in the Colorado River for use in the United States and the Republic of Mexico, and to enable the United States to comply with its obligations under the agreement with Mexico of August 30, 1973.<PRTPAGE P="55498"/>
        </P>
        <HD SOURCE="HD1">Scoping Information</HD>
        <P>This notice of intent initiates the scoping process which guides the development of the environmental impact statement. Scoping is an early and public process for determining concerns to be addressed and for identifying significant issues and suggested alternatives related to the proposed action. In addition to oral comments provided at the scoping meetings, Reclamation also invites written comments during the scoping period. To be most effectively considered, written comments should be received no later than November 26, 2012.</P>

        <P>When the EIS is complete, its availability will be announced in the<E T="04">Federal Register</E>, in the local news media, through direct contact with interested parties, and on the project Web site. Comments will be solicited on the document at that time.</P>

        <P>If special assistance is required to participate in the public scoping meetings, please contact Ms. Justyn Hock at 970-248-0625 or email at<E T="03">JHock@usbr.gov.</E>Please notify Ms. Hock as far in advance as possible to enable Reclamation to secure the needed services. If a request cannot be honored, the requestor will be notified.</P>
        <HD SOURCE="HD1">Dates and Addresses of Public Scoping Meetings</HD>
        <P>The scoping meeting dates and addresses are:</P>
        <P>• Tuesday, September 25, 2012, 6:00 to 8:00 p.m., Paradox Valley School, 21501 6 Mile Road, Paradox, Colorado 81429.</P>
        <P>• Wednesday, September 26, 2012, 7:00 to 9:00 p.m., Holiday Inn Express, 1391 South Townsend Avenue, Montrose, Colorado, 81401.</P>
        <P>• Thursday, September 27, 2012, 7:00 to 9:00 p.m., Colorado Mesa University, University Center—Room 221, 1100 North Avenue, Grand Junction, Colorado 81501-3122.</P>
        <HD SOURCE="HD1">Public Disclosure</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: July 17, 2012.</DATED>
          <NAME>Larry Walkoviak,</NAME>
          <TITLE>Regional Director—Upper Colorado Region, Bureau of Reclamation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22176 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-MN-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[Investigation No. 337-TA-850]</DEPDOC>
        <SUBJECT>Certain Electronic Imaging Devices; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Amend the Notice of Investigation and Complaint</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 the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 6) granting a motion by complainant FlashPoint Technology, Inc. (“Flashpoint”) and respondents Huawei Technologies Co., Ltd. and FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) (collectively “the Huawei Respondents”) to amend the Notice of Investigation (“NOI”) and complaint to replace the Huawei Respondents with Huawei Device Co., Ltd. of Shenzhen, China and Huawei Device USA Inc. of Plano, Texas.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Amanda S. Pitcher, 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 June 29, 2012, based on a complaint filed by FlashPoint Technology, Inc. (“Flashpoint”) of Peterborough, New Hampshire alleging violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) by reason of infringement of certain claims of U.S. Patent No. 6,400,471; U.S. Patent No. 6,222,538; U.S. Patent No. 6,504,575; and U.S. Patent No. 6,223,190. The NOI named HTC Corporation of Taoyuan, Taiwan; HTC America, Inc. of Bellevue, Washington; Pantech Co., Ltd. of Seoul, Korea; Pantech Wireless, Inc. of Atlanta, Georgia; Huawei Technologies Co., Ltd. of Shenzhen, China; FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) of Plano, Texas; ZTE Corporation of Shenzhen, China; and ZTE (USA) Inc. of Richardson, Texas.</P>
        <P>On August 2, 2012, Flashpoint and respondents Huawei Technologies Co., Ltd. and FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) (collectively “the Huawei Respondents”) filed a motion to amend the complaint and NOI to replace the currently named Huawei Respondents with Huawei Device Co., Ltd., having a principal place of business at Section B, Huawei Administration Building, Bantian, Longgang, Shenzhen, Guangdong, P.R. China, 518129, and Huawei Device USA Inc., having a principal place of business at 5700 Tennyson Parkway, Suite #600, Plano, Texas 75024.</P>
        <P>On August 9, 2012, the ALJ issued an ID granting the joint motion to amend the complaint and NOI to replace the named Huawei Respondents with Huawei Device Co., Ltd. and Huawei Device USA Inc. The ALJ found that good cause exists to amend the complaint and NOI because Flashpoint recently learned which entities are responsible for the accused products based on communications with counsel for the Huawei Respondents. In addition, the ALJ found that the substitution of the parties will not require extension of the target date, will not change the scope of the investigation, and will assist in obtaining a complete record for the investigation. No petitions for review were filed.</P>
        <P>The Commission has determined not to review the ID.</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 sections 210.43-45 of the Commission's Rules of Practice and Procedure (19 CFR 210.43-45).</P>
        <SIG>
          <P>By order of the Commission.</P>
          
          <PRTPAGE P="55499"/>
          <DATED>Issued: September 5, 2012.</DATED>
          <NAME>Lisa R. Barton,</NAME>
          <TITLE>Acting Secretary to the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22172 Filed 9-7-12; 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-798]</DEPDOC>
        <SUBJECT>Certain Light-Emitting Diodes and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety on the Basis of a Settlement Agreement</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 the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 38) granting the joint motion to terminate the above-captioned investigation in its entirety on the basis of a settlement agreement. In view of that determination, the Commission finds that review of another ID (Order No. 36), which granted leave to amend the complaint and notice of investigation, is moot.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2532. 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 August 18, 2011, based on a complaint filed by Samsung LED Co., Ltd. of Suwon City, Korea, and Samsung LED America, Inc. of Atlanta, Georgia (collectively, “SLED”). 76 FR 51396-97 (Aug. 18, 2011). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain light-emitting diodes and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 7,282,741; 7,893,443; 7,838,315; 7,959,312; 7,964,881; 6,551,848; 7,268,372; and 7,771,081. The Commission's notice of investigation named as respondents OSRAM GmbH of Munich, Germany; OSRAM Opto Semiconductors GmbH of Regensburg, Germany; OSRAM Opto Semiconductors Inc. of Sunnyvale, California; and OSRAM Sylvania Inc. of Danvers, Massachusetts (collectively, “OSRAM”). On December 7, 2011, the Commission determined not to review an ID (Order No. 15) granting SLED's motion to amend the Notice of Investigation to change the name of respondent OSRAM GmbH to OSRAM AG. Notice (Dec. 7, 2011).</P>
        <P>On July 26, 2012, SLED filed a motion to amend the Complaint and Notice of Investigation to substitute Samsung Electronics Co., Ltd. of Suwon City, Korea (“Samsung Electronics”), for the SLED complainants, as a result of corporate reorganization. On July 30, 2012, OSRAM filed an opposition, and on August 7, 2012, the ALJ issued an ID granting the motion as an ID. Order No. 36.</P>
        <P>On August 9, 2012, SLED and OSRAM filed a joint motion to terminate the investigation in its entirety based on a settlement agreement between OSRAM and Samsung Electronics. On August 10, 2012, the ALJ granted the motion as an ID. Order No. 38.</P>
        <P>No petitions for review of either ID were filed. The Commission has determined not to review Order No. 38, and the investigation is thereby terminated. As a result, review of Order No. 36 is moot.</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 sections 210.21 and 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.21, 210.42).</P>
        <SIG>
          <P>By order of the Commission.</P>
          
          <DATED>Issued: September 5, 2012.</DATED>
          <NAME>Lisa R. Barton,</NAME>
          <TITLE>Acting Secretary to the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22171 Filed 9-7-12; 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 Comprehensive Environmental Response, Compensation, and Liability Act</SUBJECT>

        <P>Notice is hereby given that on September 4, 2012, a proposed Consent Decree in<E T="03">United States</E>v.<E T="03">State of Utah, School and Institutional Trust Lands Administration,</E>Civil Action No. 2:12-CV-00841-DBP, was lodged with the United States District Court for the District of Utah.</P>
        <P>The Consent Decree resolves claims by the United States against the State of Utah, School and Institutional Trust Lands Administration (“SITLA”) pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9607(a), for response costs incurred in conducting a removal action at the Cook Slurry Site (“Site”) in Saratoga Springs, Utah (the “Removal Action”). Cook Associates Inc., doing business as Cook Slurry Company (“Cook”), operated an explosives manufacturing facility at the Site on school trust lands owned by the State of Utah which predecessor agencies to SITLA had leased to Cook. Under the terms of the settlement SITLA will reimburse the United States $316,500 of the costs of completing the Removal Action.</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 settlement agreement. Comments should be addressed to the Assistant Attorney General for the 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</E>v.<E T="03">State of Utah, School and Institutional Trust Lands Administration,</E>Civil Action No. 2:12-CV-00841-DBP, and D.J. Ref. No. 90-11-3-10515.</P>

        <P>During the public comment period, the settlement agreement may 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 settlement agreement 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<PRTPAGE P="55500"/>copy from the Consent Decree Library by mail, please enclose a check in the amount of $3.75 ($.25 per page) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the address given above.</P>
        <SIG>
          <NAME>Robert Brook,</NAME>
          <TITLE>Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22121 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-15-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <DEPDOC>[Docket No. DEA-363]</DEPDOC>
        <SUBJECT>Controlled Substances: Final Adjusted Aggregate Production Quotas for 2012</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Drug Enforcement Administration (DEA), Department of Justice.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice establishes final adjusted 2012 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA).</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John W. Partridge, Chief, Liaison and Policy Section, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152, Telephone: (202) 307-4654.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>

        <P>Section 306(a) of the CSA (21 U.S.C. 826) requires that the Attorney General establish aggregate production quotas for each basic class of controlled substance listed in Schedules I and II. This responsibility has been delegated to the Administrator of the DEA by 28 CFR 0.100. In accordance with 21 U.S.C. 826 and 21 CFR 1303.11, DEA published in the<E T="04">Federal Register</E>on December 15, 2011, notice of the established 2012 aggregate production quotas for controlled substances in Schedules I and II (76 FR 78044). That notice stated that the Administrator would adjust, as needed, the established aggregate production quotas in 2012 as provided for in 21 CFR 1303.13. The 2012 proposed adjusted aggregate production quotas were subsequently published in the<E T="04">Federal Register</E>on July 5, 2012 (77 FR 39737) in consideration of the outlined criteria. All interested persons were invited to comment on or object to the proposed adjusted aggregate production quotas on or before August 6, 2012.</P>
        <HD SOURCE="HD1">Analysis for Final Adjusted 2012 Aggregate Production Quotas</HD>
        <P>Consideration has been given to the criteria outlined in the July 5, 2012, notice of proposed adjusted aggregate production quotas in accordance with 21 CFR 1303.13. In addition, nine companies, eight DEA registered manufacturers and one non-registrant, submitted timely comments regarding a total of 25 Schedule I and II controlled substances. Comments received proposed that the aggregate production quotas for 3,4-Methylenedioxy-N-Methylcathinone (methylone), alfentanil, amphetamine (for conversion), amphetamine (for sale), codeine (for conversion), codeine (for sale), desomorphine, dihydromorphine, hydrocodone (for sale), hydromorphone, levomethorphan, lisdexamfetamine, methadone intermediate, methylphenidate, morphine (for conversion), morphine (for sale), noroxymorphone (for conversion), noroxymorphone (for sale), oripavine, oxycodone (for conversion), oxycodone (for sale), oxymorphone (for conversion), oxymorphone (for sale), sufentanil, and tapentadol were insufficient to provide for the estimated medical, scientific, research, and industrial needs of the United States, for export requirements, and for the establishment and maintenance of reserve stocks.</P>
        <P>DEA has taken into consideration the above comments along with the relevant 2011 year-end inventories, initial 2012 manufacturing quotas, 2012 export requirements, actual and projected 2012 sales, research and product development requirements, and additional applications received. Based on all of the above, the Administrator has determined that the proposed adjusted 2012 aggregate production quotas for 3,4-Methylenedioxypyrovalerone (MDPV), 3,4-Methylenedioxy-N-Methylcathinone (methylone), 4-Methyl-N-Methylcathinone (mephedrone), alfentanil, amphetamine (for conversion), desomorphine, diethyltryptamine, dihydromorphine, gamma hydroxybutyric acid, hydrocodone (for sale), hydromorphone, levomethorphan, methadone, methadone intermediate, methylphenidate, morphine (for sale), oxycodone (for conversion), oxycodone (for sale), and sufentanil required additional consideration and hereby further adjusts the 2012 aggregate production quotas for those substances. Regarding amphetamine (for sale), codeine (for conversion), codeine (for sale), morphine (for conversion), noroxymorphone (for conversion), noroxymorphone (for sale), oripavine, oxymorphone (for conversion), oxymorphone (for sale), and tapentadol, the Administrator hereby determines that the proposed adjusted 2012 aggregate production quotas for these substances as published on July 5, 2012, at 77 FR 39737 are sufficient to meet the current 2012 estimated medical, scientific, research, and industrial needs of the United States and to provide for adequate inventories. Pursuant to the above, the Administrator hereby establishes the 2012 final aggregate production quotas for Schedule I and II controlled substances, expressed in grams of anhydrous acid or base, as follows:</P>
        <GPOTABLE CDEF="s200,15" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Final adjusted 2012 quotas</CHED>
          </BOXHD>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">Basic Class—Schedule I</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1-[1-(2-Thienyl)cyclohexyl]piperidine</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)</ENT>
            <ENT>45 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Butyl-3-(1-naphthoyl)indole (JWH-073)</ENT>
            <ENT>45 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Methyl-4-phenyl-4-propionoxypiperidine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Pentyl-3-(1-naphthoyl)indole (JWH-018)</ENT>
            <ENT>45 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxyamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-ethylamphetamine (DOET)</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-n-propylthiophenethylamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3-Methylfentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3-Methylthiofentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxyamphetamine (MDA)</ENT>
            <ENT>30 g</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="55501"/>
            <ENT I="01">3,4-Methylenedioxy-N-methylcathinone (methylone)</ENT>
            <ENT>30 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxy-N-ethylamphetamine (MDEA)</ENT>
            <ENT>24 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxymethamphetamine (MDMA)</ENT>
            <ENT>30 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxypyrovalerone (MDPV)</ENT>
            <ENT>20 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4,5-Trimethoxyamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyamphetamine (DOB)</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyphenethylamine (2-CB)</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methoxyamphetamine</ENT>
            <ENT>88 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methylaminorex</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-2,5-dimethoxyamphetamine (DOM)</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-N-methylcathinone (mephedrone)</ENT>
            <ENT>25 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol</ENT>
            <ENT>68 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol</ENT>
            <ENT>53 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-3,4-methylenedioxyamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N,N-diisopropyltryptamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Acetyl-alpha-methylfentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Acetyldihydrocodeine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Acetylmethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Allylprodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alphacetylmethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-ethyltryptamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alphameprodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alphamethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-methylfentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-methylthiofentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-methyltryptamine (AMT)</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Aminorex</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Benzylmorphine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Betacetylmethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Beta-hydroxy-3-methylfentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Beta-hydroxyfentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Betameprodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Betamethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Betaprodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Bufotenine</ENT>
            <ENT>3 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cathinone</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine-N-oxide</ENT>
            <ENT>602 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Desomorphine</ENT>
            <ENT>10 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diethyltryptamine</ENT>
            <ENT>18 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Difenoxin</ENT>
            <ENT>50 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dihydromorphine</ENT>
            <ENT>3,750,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dimethyltryptamine</ENT>
            <ENT>18 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Gamma-hydroxybutyric acid</ENT>
            <ENT>37,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Heroin</ENT>
            <ENT>20 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydromorphinol</ENT>
            <ENT>54 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydroxypethidine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ibogaine</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lysergic acid diethylamide (LSD)</ENT>
            <ENT>16 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Marihuana</ENT>
            <ENT>21,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mescaline</ENT>
            <ENT>13 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methaqualone</ENT>
            <ENT>10 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methcathinone</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methyldihydromorphine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine-N-oxide</ENT>
            <ENT>655 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Benzylpiperazine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N,N-Dimethylamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Ethylamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Hydroxy-3,4-methylenedioxyamphetamine</ENT>
            <ENT>12 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Noracymethadol</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Norlevorphanol</ENT>
            <ENT>52 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Normethadone</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Normorphine</ENT>
            <ENT>18 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Para-fluorofentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenomorphan</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pholcodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Properidine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocybin</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocyn</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tetrahydrocannabinols</ENT>
            <ENT>393,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Thiofentanyl</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tilidine</ENT>
            <ENT>10 g</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Trimeperidine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <PRTPAGE P="55502"/>
            <ENT I="21">
              <E T="02">Basic Class—Schedule II</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1-Phenylcyclohexylamine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Piperdinocyclohexanecarbonitrile</ENT>
            <ENT>27 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Anilino-N-phenethyl-4-piperidine (ANPP)</ENT>
            <ENT>1,800,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alfentanil</ENT>
            <ENT>29,002 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alphaprodine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amobarbital</ENT>
            <ENT>40,007 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amphetamine (for conversion)</ENT>
            <ENT>13,300,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amphetamine (for sale)</ENT>
            <ENT>33,400,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Carfentanil</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cocaine</ENT>
            <ENT>216,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine (for conversion)</ENT>
            <ENT>65,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine (for sale)</ENT>
            <ENT>39,605,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dextropropoxyphene</ENT>
            <ENT>7 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dihydrocodeine</ENT>
            <ENT>400,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diphenoxylate</ENT>
            <ENT>900,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ecgonine</ENT>
            <ENT>83,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ethylmorphine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fentanyl</ENT>
            <ENT>1,428,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Glutethimide</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydrocodone (for sale)</ENT>
            <ENT>79,700,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydromorphone</ENT>
            <ENT>4,207,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Isomethadone</ENT>
            <ENT>4 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Levo-alphacetylmethadol (LAAM)</ENT>
            <ENT>3 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Levomethorphan</ENT>
            <ENT>10 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Levorphanol</ENT>
            <ENT>3,600 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lisdexamfetamine</ENT>
            <ENT>12,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine</ENT>
            <ENT>5,500,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine Intermediate-A</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine Intermediate-B</ENT>
            <ENT>9 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine Intermediate-C</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Metazocine</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone (for sale)</ENT>
            <ENT>23,100,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone Intermediate</ENT>
            <ENT>29,970,000 g</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">Methamphetamine</ENT>
            <ENT>3,130,000 g</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">[750,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,331,000 grams for methamphetamine mostly for conversion to a schedule III product; and 49,000 grams for methamphetamine (for sale)]</ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Methylphenidate</ENT>
            <ENT>64,600,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine (for conversion)</ENT>
            <ENT>83,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine (for sale)</ENT>
            <ENT>48,200,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Nabilone</ENT>
            <ENT>20,502 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Noroxymorphone (for conversion)</ENT>
            <ENT>7,200,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Noroxymorphone (for sale)</ENT>
            <ENT>1,981,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium (powder)</ENT>
            <ENT>73,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium (tincture)</ENT>
            <ENT>1,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oripavine</ENT>
            <ENT>15,300,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxycodone (for conversion)</ENT>
            <ENT>7,600,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxycodone (for sale)</ENT>
            <ENT>105,200,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxymorphone (for conversion)</ENT>
            <ENT>12,800,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxymorphone (for sale)</ENT>
            <ENT>5,500,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pentobarbital</ENT>
            <ENT>34,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenazocine</ENT>
            <ENT>5 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phencyclidine</ENT>
            <ENT>24 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenmetrazine</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone</ENT>
            <ENT>16,000,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Racemethorphan</ENT>
            <ENT>2 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Remifentanil</ENT>
            <ENT>2,500 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Secobarbital</ENT>
            <ENT>336,002 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sufentanil</ENT>
            <ENT>6,730 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tapentadol</ENT>
            <ENT>5,400,000 g</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Thebaine</ENT>
            <ENT>116,000,000 g</ENT>
          </ROW>
        </GPOTABLE>
        <PRTPAGE P="55503"/>
        <P>Aggregate production quotas for all other Schedule I and II controlled substances included in 21 CFR 1308.11 and 1308.12 remain at zero.</P>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Michele M. Leonhart,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22128 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <DEPDOC>[Docket No. DEA 353]</DEPDOC>
        <SUBJECT>Final Adjusted Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2012</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Drug Enforcement Administration (DEA), Department of Justice.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice establishes the Final Adjusted 2012 Assessment of Annual Needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>September 10, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John W. Partridge, Chief, Liaison and Policy Section, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152, Telephone: (202) 307-4654.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The 2012 Assessment of Annual Needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and imported into the United States in 2012 to provide adequate supplies of each chemical for the estimated medical, scientific, research, and industrial needs of the United States, lawful export requirements, and the establishment and maintenance of reserve stocks of such chemicals. Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) requires that the Attorney General establish an assessment of annual needs for ephedrine, pseudoephedrine, and phenylpropanolamine. This responsibility has been delegated to the Administrator of the DEA by 28 CFR 0.100.</P>

        <P>On July 18, 2012, a notice entitled “Proposed Adjustment of the Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2012” was published in the<E T="04">Federal Register</E>(77 FR 42333). That notice proposed to adjust the 2012 Assessment of Annual Needs for ephedrine (for sale), ephedrine (for conversion), pseudoephedrine (for sale), phenylpropanolamine (for sale) and phenylpropanolamine (for conversion). All interested persons were invited to comment on or object to the proposed assessments on or before August 17, 2012.</P>
        <HD SOURCE="HD1">Comments Received</HD>
        <P>DEA did not receive any comments to the proposed adjustment of the assessment of annual needs for ephedrine (for sale), ephedrine (for conversion), pseudoephedrine (for sale), phenylpropanolamine (for sale), and phenylpropanolamine (for conversion).</P>
        <HD SOURCE="HD1">Conclusion</HD>
        <P>In determining the adjusted 2012 assessments, DEA used the calculation methodology previously described in the 2010 and 2011 assessment of annual needs (74 FR 60294 and 75 FR 79407 respectively). DEA considered changes in demand, changes in the national rate of net disposal, and changes in the rate of net disposal by the registrants holding individual manufacturing or import quotas for the chemical; whether any increased demand or changes in the national and/or individual rates of net disposal are temporary, short term, or long term; whether any increased demand could be met through existing inventories, increased individual manufacturing quotas, or increased importation without increasing the assessment of annual needs; whether any decreased demand would result in excessive inventory accumulation by all persons registered to handle the particular chemical; and other factors affecting the medical, scientific, research, industrial, and importation needs in the United States, lawful export requirements, and reserve stocks, as found relevant.</P>
        <P>Other factors that DEA considered include trends as derived from information provided in applications for import, manufacturing, and procurement quotas and in import and export declarations. The inventory, acquisition (purchases), and disposition (sales) data as provided by DEA-registered manufacturers and importers reflects the most current information available to DEA at the time of publication of this Notice. The underlying data used to determine the final 2012 assessment of annual needs is the same as that used in determining the proposed 2012 assessment of annual needs, as published on September 14, 2011, at 76 FR 56809.</P>
        <P>In accordance with 21 U.S.C. 826(a) and 21 CFR 1315.13, the Administrator hereby orders that the 2012 assessment of annual needs for ephedrine, pseudoephedrine, and phenylpropanolamine, expressed in kilograms of anhydrous acid or base, is adjusted and established as follows:</P>
        <GPOTABLE CDEF="s50,12" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">List I chemical</CHED>
            <CHED H="1">Final 2012<LI>assessment of annual needs (kg)</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Ephedrine (for sale)</ENT>
            <ENT>4,300</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylpropanolamine (for sale)</ENT>
            <ENT>5,800</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pseudoephedrine (for sale)</ENT>
            <ENT>278,000</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylpropanolamine (for conversion)</ENT>
            <ENT>26,200</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ephedrine (for conversion)</ENT>
            <ENT>12,000</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>Michele M. Leonhart,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22127 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Importer of Controlled Substances;Notice of Registration;Cambrex Charles City, Inc.</SUBJECT>
        <P>By Notice dated June 18, 2012, and published in the<E T="04">Federal Register</E>on June 26, 2012, 77 FR 38085, Cambrex Charles City, Inc., 1205 11th Street, Charles City, Iowa 50616-3466, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">4-Anilino-N-phenethyl-4-piperidine (8333)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone (8501)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium, raw (9600)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Poppy Straw Concentrate (9670)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to import the listed controlled substances for internal use, and to manufacture bulk intermediates for sale to its customers. No comments or objections have been received. Comments and requests for hearings on applications to import narcotic raw material are not appropriate. 72 FR 3417 (2007).</P>

        <P>DEA has considered the factors in 21 U.S.C. 823(a) and 952(a), and determined that the registration of Cambrex Charles City, Inc. to import the<PRTPAGE P="55504"/>basic classes of controlled substances is consistent with the public interest, and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Cambrex Charles City, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C .952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator,Office of Diversion Control,Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22157 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances;Notice of Registration;Research Triangle Institute</SUBJECT>
        <P>By Notice dated May 15, 2012, and published in the<E T="04">Federal Register</E>on May 22, 2012, 77 FR 30327, Research Triangle Institute, Hermann Building, East Institute Drive, P.O. Box 12194, Research Triangle, North Carolina 27709, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Marihuana (7360)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cocaine (9041)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The Institute will manufacture marihuana, and cocaine derivatives for use by their customers in analytical kits, reagents, and reference standards as directed by the National Institute on Drug Abuse.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a), and determined that the registration of Research Triangle Institute to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Research Triangle Institute to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator,Office of Diversion Control,Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22154 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances, Notice of Registration, Noramco, Inc., (GA)</SUBJECT>
        <P>By Notice dated May 9, 2012, and published in the<E T="04">Federal Register</E>on May 21, 2012, 77 FR 30026, Noramco, Inc., 1440 Olympic Drive, Athens, Georgia 30601, made application by letter to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of Gamma Hydroxybutyric Acid (2010), a basic class of controlled substance listed in schedule I.</P>
        <P>The company plans to manufacture the listed controlled substance in bulk for distribution to its customers.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Noramco, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Noramco, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed.</P>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22129 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Registration; Alltech Associates, Inc.</SUBJECT>
        <P>By Notice dated May 15, 2012 and published in the<E T="04">Federal Register</E>on May 22, 2012, 77 FR 30327, Alltech Associates, Inc., 2051 Waukegan Road, Deerfield, Illinois 60015, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Methcathinone (1237)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Ethylamphetamine (1475)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N,N-Dimethylamphetamine (1480)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methylaminorex (cis isomer) (1590)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-ethyltryptamine (7249)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lysergic acid diethylamide (7315)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-(n)-propylthiophenethylamine (7348)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tetrahydrocannabinols (7370)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mescaline (7381)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxy-amphetamine (7391)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyphenethylamine (7392)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-2,5-dimethoxy-amphetamine (7395)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxyamphetamine (7396)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-ethylamphetamine (7399)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxyamphetamine (7400)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Hydroxy-3,4-methylenedioxyamphetamine (7402)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxy-N-ethylamphetamine (7404)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxymethamphetamine (7405)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methoxyamphetamine (7411)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-methyltryptamine (7432)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Bufotenine (7433)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diethyltryptamine (7434)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dimethyltryptamine (7435)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocybin (7437)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocyn (7438)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N,N-diisopropyltryptamine (7439)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Ethyl-1-phenylcyclohexylamine (7455)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="55505"/>
            <ENT I="01">1-(1-Phenylcyclohexyl)pyrrolidine (7458)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-[1-(2-Thienyl)cyclohexyl]piperidine (7470)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dihydromorphine (9145)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Heroin (9200)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Normorphine (9313)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methamphetamine (1105)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Phenylcyclohexylamine (7460)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phencyclidine (7471)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone (8501)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Piperidinocyclohexane-carbonitrile (8603)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cocaine (9041)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine (9050)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dihydrocodeine (9120)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ecgonine (9180)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine intermediate-B (9233)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Noroxymorphone (9668)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture high purity drug standards used for analytical applications only in clinical, toxicological, and forensic laboratories.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Alltech Associates, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Alltech Associates, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22156 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances;Notice of Registration;AMPAC Fine Chemicals LLC</SUBJECT>
        <P>By Notice dated May 11, 2012, and published in the<E T="04">Federal Register</E>on May 21, 2012, 77 FR 30026, AMPAC Fine Chemicals LLC., Highway 50 and Hazel Avenue, Building 05001, Rancho Cordova, California 95670, made application by renewal to the Drug Enforcement Administration (DEA) as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Thebaine (9333)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Poppy Straw Concentrate (9670)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company is a contract manufacturer. In reference to Poppy Straw Concentrate the company will manufacture Thebaine intermediates for sale to its customers for further manufacture. No other activity for this drug code is authorized for registration.</P>
        <P>No comments or objections have been received. Comments and requests for hearings on applications to import narcotic raw material are not appropriate. 72 FR 3417 (2007).</P>
        <P>DEA has considered the factors in 21 USC § 823(a) and determined that the registration of AMPAC Fine Chemicals LLC., to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time.</P>
        <P>DEA has investigated AMPAC Fine Chemicals LLC., to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR § 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: August 29, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator,Office of Diversion Control,Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22159 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
        <SUBJECT>Office of the Assistant Secretary for Administration and Management; Agency Information Collection Activities; Extension Without Change; Comment Request; DOL Generic Solution for Solicitation for Grant Applications</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Labor (DOL), as part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501<E T="03">et seq.</E>), is soliciting comments concerning a proposed extension of the authorization to conduct the DOL Generic Solution for Solicitation for Grant Applications information collection.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit written comments on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at<E T="03">DOL_PRA_PUBLIC@dol.gov</E>to request additional information, including requesting a copy of this Information Collection Request (ICR).</P>

          <P>Submit comments regarding this ICR, including suggestions for reducing the burden, by sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>Comments may also be sent to Michel Smyth, Departmental Clearance Officer, U.S. Department of Labor, Office of the Chief Information Officer, 200 Constitution Avenue NW., Room N-1301, Washington, DC 20210.</P>
        </ADD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>44 U.S.C. 3506(c)(2)(A).</P>
        </AUTH>
        
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Periodically the DOL solicits grant applications by issuing a Solicitation for Grant Applications. To ensure grants are awarded to the applicant(s) best suited to perform the functions of the grant, applicants are generally required to submit a two-part application. The first part of DOL grant applications consists of submitting Standard Form 424, Application for Federal Assistance. The second part of a grant application usually requires a technical proposal demonstrating the applicant's capabilities in accordance with a statement of work and/or selection criteria. This information collection is subject to the PRA.</P>

        <P>A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the Office of Management and Budget (OMB) under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number.<E T="03">See</E>5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1225-0086. The current approval is scheduled to expire<PRTPAGE P="55506"/>on November 30, 2012; however, the DOL intends to seek continued approval for this collection of information for an additional three years.</P>

        <P>The DOL, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed, revised, and continuing information collections before submitting them to the OMB. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Interested parties are encouraged to provide comments to the individual listed in the<E T="02">ADDRESSES</E>section above. Comments must be written to receive consideration, and they will be summarized and may be included in the request for OMB approval of the final ICR. The comments will also become a matter of public record.</P>
        <P>The DOL is particularly interested in comments that:</P>
        <P>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>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>Enhance the quality, utility, and clarity of the information to be collected; and</P>
        <P>Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>
          <E T="03">Agency:</E>Office of the Assistant Secretary for Administration and Management.</P>
        <P>
          <E T="03">Type of Review:</E>Extension without change of a currently approved collection.</P>
        <P>
          <E T="03">Title of Collection:</E>DOL Generic Solution for Solicitation for Grant Applications.</P>
        <P>
          <E T="03">OMB Control Number:</E>1225-0086.</P>
        <P>
          <E T="03">Affected Public:</E>Private Sector—not for-profit institutions—and State, Local, and Tribal Governments.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>7,500.</P>
        <P>
          <E T="03">Frequency:</E>On occasion.</P>
        <P>
          <E T="03">Total Estimated Annual Responses:</E>7,500.</P>
        <P>
          <E T="03">Estimated Average Time per Response:</E>25 hours.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>187,500 hours.</P>
        <P>
          <E T="03">Total Estimated Annual Cost Burden:</E>$0.</P>
        <SIG>
          <DATED>Dated: September 5, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22239 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-23-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBJECT>Office of the Assistant Secretary for Administration and Management; Agency Information Collection Activities; Extension Without Change; Comment Request; DOL Generic Solution for Customer Satisfaction Surveys and Conference Evaluations</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Labor (DOL) is soliciting comments concerning the proposed extension of the DOL Generic Solution for Customer Satisfaction Surveys and Conference Evaluations information collection request (ICR), as part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit written comments on or before November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at<E T="03">DOL_PRA_PUBLIC@dol.gov</E>to request additional information, including requesting a copy of this ICR. Submit comments regarding this ICR, including suggestions for reducing the burden, by sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>Comments may also be sent to Michel Smyth, Departmental Clearance Officer, U.S. Department of Labor, Office of the Chief Information Officer, 200 Constitution Avenue NW., Room N-1301, Washington, DC 20210.</P>
        </ADD>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>44 U.S.C. 3506(c)(2)(A).</P>
        </AUTH>
        
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The DOL periodically conducts customer satisfaction surveys and conference evaluations that help assess Departmental products and services and lead to improvements in areas deemed necessary. This information collection is subject to the PRA.</P>

        <P>A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the Office of Management and Budget (OMB) under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number.<E T="03">See</E>5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1225-0059. The current approval is scheduled to expire on November 30, 2012; however, the DOL intends to seek continued approval for this collection of information for an additional three years.</P>

        <P>The DOL, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before they are submitted to the OMB. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Interested parties are encouraged to provide comments to the individual listed in the<E T="02">ADDRESSES</E>section above. Comments must be written to receive consideration, and they will be summarized and may be included in the request for OMB approval of the final ICR. The comments will become a matter of public record.</P>
        <P>The DOL is particularly interested in comments that:</P>
        <P>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>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>Enhance the quality, utility, and clarity of the information to be collected; and</P>

        <P>Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.<PRTPAGE P="55507"/>
        </P>
        <P>
          <E T="03">Agency:</E>Office of the Assistant Secretary for Administration and Management.</P>
        <P>
          <E T="03">Type of Review:</E>Extension without change of a currently approved collection.</P>
        <P>
          <E T="03">Title of Collection:</E>DOL Generic Solution for Customer Satisfaction Surveys and Conference Evaluations.</P>
        <P>
          <E T="03">OMB Control Number:</E>1225-0059.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households; Private Sector—businesses or other for-profits, farms, and not for-profit institutions; and State, Local, and Tribal Governments.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>375,000.</P>
        <P>
          <E T="03">Frequency:</E>On occasion.</P>
        <P>
          <E T="03">Total Estimated Annual Responses:</E>375,000.</P>
        <P>
          <E T="03">Estimated Average Time per Response:</E>6 minutes.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>37,500 hours.</P>
        <P>
          <E T="03">Total Estimated Annual Cost Burden:</E>$0.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22245 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-23-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. 52-008; NRC-2008-0476]</DEPDOC>
        <SUBJECT>Approval of Transfer of Early Site Permit (ESP) and Conforming Amendment, Virginia Electric and Power Company, North Anna ESP Site</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of request for license transfer; opportunity to comment, opportunity to request a hearing.</P>
        </ACT>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments by October 10, 2012. A request for a hearing must be filed by October 1, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may access information and comment submissions related to this document, which the NRC possesses and are publically available, by searching on<E T="03">http://www.regulations.gov</E>under Docket ID NRC-2008-0476. You may submit comments by 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-2008-0476. 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">Mail comments to:</E>Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
          <P>•<E T="03">Fax comments to:</E>RADB at 301-492-3446.</P>

          <P>For additional direction on accessing information and submitting comments, see “Accessing Information and Submitting Comments” in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Chandu P. Patel, Project Manager, Office of New Reactor, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3025; email:<E T="03">Chandu.Patel@nrc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Accessing Information and Submitting Comments</HD>
        <HD SOURCE="HD2">A. Accessing Information</HD>
        <P>Please refer to Docket ID NRC-2008-0476 when contacting the NRC about the availability of information regarding this document. You may access information related to this document by 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-2008-0476.</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>The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The application dated March 1, 2012, is available under ADAMS Accession No. ML12072A091.</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>
        <HD SOURCE="HD2">B. Submitting Comments</HD>
        <P>Please include Docket ID NRC-2008-0476 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.</P>

        <P>The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will posts all comment submissions at<E T="03">http://www.regulations.gov</E>as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information.</P>
        <P>If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.</P>
        <HD SOURCE="HD1">II. Introduction</HD>
        <P>The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under § 52.28 of Title 10 of the Code of Federal Regulations (10 CFR), “Transfer of Early Site Permit;” 10 CFR 50.80, “Transfer of Licenses;” and 10 CFR 50.90, “Application for Amendment of License, Construction Permit, or Early Site Permit;” approving the direct transfer of the Old Dominion Electric Cooperative's (ODEC) interest in the North Anna ESP [Early Site Permit] Site's Early Site Permit (ESP-003). The transfer would be to Virginia Electric and Power Company, doing business as Dominion Virginia Power (DVP). DVP and ODEC are currently the holders of the ESP-003. The Commission is also considering amending the permit for administrative purposes to reflect the proposed transfer.</P>
        <P>According to an application for approval filed by DVP and ODEC, DVP would become the holder of the ESP following approval of the proposed permit transfer and would assume all rights, duties, and obligations of ESP-003.</P>
        <P>The proposed amendment would delete references to ODEC, reflect DVP as the permit holder, and delete certain provisions that are no longer applicable because they applied only where ODEC maintained an interest in the ESP.</P>

        <P>Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no ESP, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the ESP to any person, unless the Commission gives its consent in writing. The Commission will approve an application for the direct transfer of an ESP if the Commission determines that<PRTPAGE P="55508"/>the proposed transferee is qualified to hold the permit and that the transfer is otherwise consistent with applicable provisions of law, regulations and orders issued by the Commission pursuant thereto.</P>
        <P>Before issuance of the proposed conforming permit amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.</P>
        <P>As provided in 10 CFR 2.1315(b), “[w]here administrative license amendments are necessary to reflect an approved transfer, such amendments will be included in the order that approves the transfer. Any challenge to the administrative license amendment is limited to the question of whether the license amendment accurately reflects the approved transfer.” In light of the generic determination reflected in 10 CFR 2.1315(b), only public comments with respect to whether the amendment accurately reflects the approved transfer are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91.</P>
        <HD SOURCE="HD1">III. Opportunity to Request a Hearing</HD>

        <P>Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission's action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Requests and petition that are filed after the 20-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the following three factors in 10 CFR 2.309(c)(1): (i) The information upon which the filing is based was not previously available; (ii) the information upon which the filing is based is materially different from information previously available; and (iii) the filing has been submitted in a timely fashion based on the availability of the subsequent information. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at<E T="03">http://www.nrc.gov/reading-rm/doc-collections/cfr/.</E>
        </P>
        <HD SOURCE="HD1">IV. Electronic Submissions (E-Filing)</HD>
        <P>All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the Internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.</P>

        <P>To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at<E T="03">hearing.docket@nrc.gov,</E>or by telephone at 301-415-1677, to request (1) a digital identification ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.</P>

        <P>Information about applying for a digital ID certificate is available on the NRC's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.</E>System requirements for accessing the E-Submittal server are detailed in the NRC's “Guidance for Electronic Submission,” which is available on the agency's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html.</E>Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.</P>

        <P>If a participant is electronically submitting a document to the NRC in accordance with the  E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html.</E>
        </P>

        <P>Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC guidance available on the NRC's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html.</E>A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.</P>

        <P>A person filing electronically using the agency's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html,</E>by email at<E T="03">MSHD.Resource@nrc.gov,</E>or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.</P>

        <P>Participants who believe that they have a good cause for not submitting documents electronically must file an<PRTPAGE P="55509"/>exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.</P>

        <P>Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at<E T="03">http://ehd1.nrc.gov/ehd/,</E>unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.</P>
        <P>Petitions for leave to intervene must be filed no later than 20 days from the date of publication of this notice. Filings submitted after that date will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii).</P>

        <P>The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the<E T="04">Federal Register</E>and served on the parties to the hearing.</P>

        <P>For further details with respect to this license transfer application, see the application dated March 1, 2012, available for public inspection at the NRC's PDR, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at<E T="03">http://www.nrc.gov/reading-rm/adams.html.</E>The accession number for the application is ML12072A091. The application is also available at<E T="03">http://www.nrc.gov/reactors/new-licensing/col.html.</E>Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by email to<E T="03">pdr.resource@nrc.gov.</E>
        </P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 31st day of August 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Amy M. Snyder,</NAME>
          <TITLE>Acting Chief, Projects Licensing Branch 2, Division of New Reactor Licensing, Office of New Reactors.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22175 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[NRC-2012-0199; Docket No. 50-316]</DEPDOC>
        <SUBJECT>Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Unit 2; Exemption</SUBJECT>
        <HD SOURCE="HD1">1.0Background</HD>
        <P>Indian Michigan Power Company (the licensee) is the holder of Renewed Facility Operating License No. DPR-74, which authorizes operation of the Donald C. Cook Nuclear Plant, Unit 2 (CNP-2). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S Nuclear Regulatory Commission (NRC, or the Commission) now or hereafter in effect.</P>
        <P>The facility consists of a pressurized-water reactor located in Berrien County in Michigan.</P>
        <HD SOURCE="HD1">2.0Request/Action</HD>

        <P>Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12, “Specific exemptions,” the licensee has, by letter dated September 29, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11286A198), requested an exemption from 10 CFR 50.46, “Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors,” and Appendix K to 10 CFR 50, “ECCS Evaluation Models.” The regulations in 10 CFR 50.46 contain acceptance criteria for the emergency core cooling system (ECCS) for reactors fueled with zircaloy or ZIRLO<E T="51">TM</E>cladding. In addition, Appendix K to 10 CFR part 50 requires that the Baker-Just equation be used to predict the rates of energy release, hydrogen concentration, and cladding oxidation from the metal/water reaction. The Baker-Just equation assumes the use of a zirconium alloy, which is a material different from Optimized ZIRLO<E T="51">TM</E>. The licensee's requested exemption relates solely to the specific types of cladding material specified in these regulations. As written, the regulations presume the use of zircaloy or ZIRLO<E T="51">TM</E>fuel rod cladding. Thus, an exemption from the requirements of 10 CFR 50.46 and Appendix K is needed to support the use of a different fuel rod cladding material. Accordingly, the licensee requested an exemption that would allow the use of Optimized ZIRLO<E T="51">TM</E>fuel rod cladding at CNP-2.</P>
        <HD SOURCE="HD1">3.0Discussion</HD>
        <P>Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50 when (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Under 10 CFR 50.12(a)(2), special circumstances include, among other things, when application of the specific regulation in the particular circumstance would not serve, or is not necessary to achieve, the underlying purpose of the rule.</P>
        <HD SOURCE="HD2">Authorized by Law</HD>

        <P>This exemption would allow the use of Optimized ZIRLO<SU>TM</SU>fuel rod cladding material at CNP-2. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR part 50. The NRC staff has determined that granting of the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is authorized by law.<PRTPAGE P="55510"/>
        </P>
        <HD SOURCE="HD2">No Undue Risk to Public Health and Safety</HD>

        <P>The underlying purpose of 10 CFR 50.46 is to establish acceptance criteria for adequate ECCS performance. As previously documented in the NRC staff's review of topical reports submitted by Westinghouse Electric Company, LLC (Westinghouse), and subject to compliance with the specific conditions of approval established therein, the NRC staff finds that the applicability of these ECCS acceptance criteria to Optimized ZIRLO<E T="51">TM</E>has been demonstrated by Westinghouse. Ring compression tests performed by Westinghouse on Optimized ZIRLO<E T="51">TM</E>pproved topical report WCAP-12610-P-A &amp; CENPD-404-P-A, Addendum 1-A, “Optimized ZIRLO<E T="51">TM</E>,” July 2006, ADAMS Accession No. ML062080576; the public version is WCAP-14342-A &amp; CENPD-404-NP-A at ADAMS Accession No. ML062080569) demonstrate an acceptable retention of post-quench ductility up to 10 CFR 50.46 limits of 2,200 °F and 17 percent equivalent clad reacted (ECR). Furthermore, the NRC staff has concluded that oxidation measurements previously provided by Westinghouse (“SER Compliance with WCAP-12610-P-A &amp; CENPD-404-P-A Addendum 1-A `Optimized ZIRLO<E T="51">TM</E>,'” November 2007, non-public version at ADAMS Accession No. ML073130562, public version at ADAMS Accession No. ML073130560) illustrate that oxide thickness (and associated hydrogen pickup) for Optimized ZIRLO<E T="51">TM</E>at any given burnup would be less than both zircaloy-4 and ZIRLO<E T="51">TM</E>. Hence, the NRC staff concludes that Optimized ZIRLO<E T="51">TM</E>would be expected to maintain better post-quench ductility than ZIRLO<E T="51">TM</E>. This finding is further supported by an ongoing loss-of-coolant accident (LOCA) research program at Argonne National Laboratory, which has identified a strong correlation between cladding hydrogen content (due to in-service corrosion) and post-quench ductility.</P>
        <P>In addition, the provisions of 10 CFR 50.46 require the licensee to periodically evaluate the performance of the emergency core cooling system (ECCS), using currently approved LOCA models and methods, to ensure that the fuel rods will continue to satisfy 10 CFR 50.46 acceptance criteria. Granting the exemption to allow the licensee to use Optimized ZIRLO<SU>TM</SU>fuel rods in addition to the current mix of fuel rods does not diminish this requirement of periodic evaluation of ECCS performance. Thus, the underlying purpose of the rule will continue to be achieved for Donald C. Cook Nuclear Plant, Unit 2.</P>
        <P>Paragraph I.A.5 of Appendix K to 10 CFR part 50 states that the rates of energy release, hydrogen concentration, and cladding oxidation from the metal-water reaction shall be calculated using the Baker-Just equation. Since the Baker-Just equation presumes the use of zircaloy clad fuel, strict application of this provision of the rule would not permit use of the equation for Optimized ZIRLO<SU>TM</SU>cladding for determining acceptable fuel performance. However, the NRC staff previously found that metal-water reaction tests performed by Westinghouse on Optimized ZIRLO<SU>TM</SU>(see Appendix B of WCAP-12610-P-A &amp; CENPD-404-P-A, Addendum 1-A) demonstrate conservative reaction rates relative to the Baker-Just equation. Thus, the NRC staff agrees that application of Appendix K, paragraph I.A.5 is not necessary to achieve the underlying purpose of the rule in these circumstances. Since these evaluations demonstrate that the underlying purpose of the rule will be met, there will be no undue risk to the public health and safety.</P>
        <HD SOURCE="HD2">Consistent With Common Defense and Security</HD>
        <P>The proposed exemption would allow the use of Optimized ZIRLO<SU>TM</SU>fuel rod cladding material at CNP-2. This change to the plant configuration has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption.</P>
        <HD SOURCE="HD2">Special Circumstances</HD>
        <P>Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The underlying purpose of 10 CFR 50.46 and Appendix K to 10 CFR part 50 is to establish acceptance criteria for ECCS performance. The wording of the regulations in 10 CFR 50.46 and Appendix K is not directly applicable to Optimized ZIRLO<SU>TM</SU>, even though the evaluations above show that the intent of the regulation is met. Therefore, since the underlying purposes of 10 CFR 50.46 and Appendix K are achieved through the use of Optimized ZIRLO<SU>TM</SU>fuel rod cladding material, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an exemption exist.</P>
        <HD SOURCE="HD1">4.0Conclusion</HD>
        <P>Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants the licensee an exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50, to allow the use of Optimized ZIRLO<SU>TM</SU>fuel rod cladding material at CNP-2.</P>
        <P>Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment and has published an environmental assessment for this exemption on August 23, 2012 (77 FR 51071).</P>
        <P>This exemption is effective upon issuance.</P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 23rd day of August, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Michele Evans,</NAME>
          <TITLE>Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22173 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[NRC-2012-0209]</DEPDOC>
        <SUBJECT>Guidance on Performing a Seismic Margin Assessment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Draft Japan Lessons-Learned Project Directorate guidance; request for comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment the draft Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG), JLD-ISG-2012-04, “Guidance on Performing a Seismic Margin Assessment in response to the March 2012 Request for Information Letter.” This draft JLD-ISG provides guidance on an acceptable method for licensees to carry out a Seismic Margins Analysis (SMA) method referred to in the seismic portion of a letter requiring recipients (licensees) to submit information under oath and affirmation to the NRC.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Comments must be filed no later than October 10, 2012. Comments received after this date will be considered, if it is practical to do so, but the NRC staff is able to ensure<PRTPAGE P="55511"/>consideration only for comments received on or before this date.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may access information and comment submissions related to this document, which the NRC possesses and are publically available, by searching on<E T="03">http://www.regulations.gov</E>under Docket ID NRC-2012-0209. You may submit comments by 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-2012-0209. 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">Mail comments to:</E>Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
          <P>•<E T="03">Fax comments to:</E>RADB at 301-492-3446.</P>

          <P>For additional direction on accessing information and submitting comments, see “Accessing Information and Submitting Comments” in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Christopher Gratton, Japan Lessons-Learned Project Directorate, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1055; email:<E T="03">Christopher.Gratton@nrc.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Accessing Information and Submitting Comments</HD>
        <HD SOURCE="HD2">A. Accessing Information</HD>
        <P>Please refer to Docket ID NRC-2012-0209 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and are publically available by 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-2012-0209.</P>
        <P>•<E T="03">NRC's Agencywide Document Access and Management System (ADAMS):</E>You may access publically 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>. The draft JLD-ISG-2012-04 is available under ADAMS Accession No. ML12222A327. The 10 CFR 50.54(f) request letter was issued in March 2012, and can be located under ADAMS Accession No. ML12053A340.</P>
        <P>•<E T="03">NRC's PDR:</E>You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.</P>
        <HD SOURCE="HD2">B. Submitting Comments</HD>
        <P>Please include Docket ID NRC-2012-0209 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.</P>

        <P>The NRC cautions you not to include identifying or contact information that you do not want to be publically disclosed in your comment submission. The NRC will post all comment submissions at<E T="03">http://www.regulations.gov</E>as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.</P>
        <P>If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publically disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.</P>
        <HD SOURCE="HD1">II. Background Information</HD>
        <P>Following the events at the Fukushima Dai-ichi nuclear power plant on March 11, 2011, the NRC established a senior-level agency task force referred to as the Near-Term Task Force (NTTF). The NTTF was tasked with conducting a systematic and methodical review of the NRC regulations and processes and determining if the agency should make additional improvements to those programs in light of the events at Fukushima Dai-ichi. As a result of this review, the NTTF developed a comprehensive set of recommendations, documented in SECY-11-0093, “Near-Term Report and Recommendations for Agency Actions Following the Events in Japan,” dated July 12, 2011 (ADAMS Accession No. ML111861807). These recommendations were enhanced by the NRC staff following interactions with stakeholders. Documentation of the staff's efforts is contained in SECY-11-0124, “Recommended Actions To Be Taken Without Delay From the Near-Term Task Force Report,” dated September 9, 2011, (ADAMS Accession No. ML11245A158), and SECY-11-0137, “Prioritization of Recommended Actions To Be Taken in Response to Fukushima Lessons Learned,” dated October 3, 2011 (ADAMS Accession No. ML11269A204).</P>
        <P>As directed by the staff requirements memorandum (SRM) for SECY-11-0093, the NRC staff reviewed the NTTF recommendations within the context of the NRC's existing regulatory framework and considered the various regulatory vehicles available to the NRC to implement the recommendations. The staff's prioritization of the recommendations was established in SECY-11-0124 and SECY-11-0137.</P>
        <P>In March 2012, the NRC issued Request for Information Pursuant to Section 50.54(f) of Title 10 of the Code of Federal Regulations (10 CFR), Regarding Recommendations 2.1, 2.3, and 9.3, of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident,” hereafter called the “March 12, 2012, 50.54(f) letter.” Enclosure 1 of that letter, “Recommendation 2.1: Seismic,” described the actions related to seismic hazard and risk reassessments to be taken by licensees in response to the letter. Among the actions discussed in Enclosure 1 is an SMA method, which may be appropriate for some plants depending on the outcome of the hazard reassessment phase. Enclosure 1 to the 50.54(f) letter states that the SMA approach should be the NRC SMA approach (e.g.; NUREG/CR-4334. “An Approach to the Quantification of Seismic Margins in Nuclear Power Plants,” issued in August 1985 (ADAMS Accession No. ML090500182), as enhanced for full-scope plants in NUREG-1407, “Procedural and Submittal Guidance for the Individual Plant Examination of External Events (IPEEE) for Severe Accident Vulnerabilities,” ADAMS Accession No. ML063550238.</P>

        <P>This draft JLD-ISG, “Guidance on Performing a Seismic Margin Assessment in Response to the March 2012, Request for Information Letter,” (ADAMS Accession No. ML12222A327) describes the enhancements to the NRC SMA method described in NUREG/CR-4334 needed to meet the objectives of the March 12, 2012, 50.54(f) letter. It presents staff positions on enhancements to the major elements of the NRC SMA and updates references to allow for use of recent advances in<PRTPAGE P="55512"/>methods and guidance. These guidance documents include the American Society of Mechanical Engineers/American Nuclear Society, “Standard for Level 1/Large Early Release Frequency Probabilistic Risk Assessment for Nuclear Power Plant Applications,” Standard ASME/ANS RA-Sa-2009, 2009 (hereafter called the ASME/ANS PRA standard) and the Screening, Prioritization, and Implementation document (SPID) currently under development by the Nuclear Energy Institute (with NRC staff input) for NRC endorsement.</P>
        <P>Licensees may propose other methods for satisfying these requirements. The NRC staff will review such methods and determine their acceptability on a case-by-case basis.</P>
        <P>This guidance, at this time, is only intended to be used for an SMA conducted in response to the 50.54(f) letter, and not for other purposes.</P>
        <P>The NRC ISG DC/COL-ISG-020, “Seismic Margin Analysis for New Reactors Based on Probabilistic Risk Assessment” (ADAMS Accession No. ML100491233), remains the NRC's current guidance for application to new reactors. The contents of this draft JLD-ISG have no implications for NRC ISG DC/COL-ISG-020, the ASME/ANS PRA standard, or any other document.</P>
        <P>The draft JLD-ISG is not a substitute for the requirements in the March 12, 2012, 50.54(f) letter and compliance with the draft JLD-ISG is not required. This draft JLD-ISG is being issued in draft form for public comment to involve the public in developing the regulatory positions.</P>
        <HD SOURCE="HD1">Proposed Action</HD>
        <P>By this action, the NRC is requesting public comments on draft JLD-ISG-2012-04. This draft JLD-ISG proposes guidance related to requirements contained in the seismic portion of the March 12, 2012, 50.54(f) letter. The NRC staff will make a final determination regarding issuance of the JLD-ISG after it considers any public comments received in response to this request.</P>
        <SIG>
          <P>For the Nuclear Regulatory Commission.</P>
          
          <DATED>Dated at Rockville, Maryland, this 4th day of September, 2012.</DATED>
          <NAME>David L. Skeen,</NAME>
          <TITLE>Director, Japan Lessons-Learned Project Directorate, Office of Nuclear Reactor Regulation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22174 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copies Available From:</E>U.S. 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">Rule 17Ad-15, OMB Control No. 3235-0409, SEC File No. 270-360.</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 existing collection of information provided for in the following rule: Rule 17a-10 (17 CFR 240.17Ad-15) under the Securities Exchange Act of 1934 (15 U.S.C. 78a<E T="03">et seq.</E>).</P>
        <P>Rule 17Ad-15 requires approximately 477 transfer agents to establish written standards for accepting and rejecting guarantees of securities transfers from eligible guarantor institutions. Transfer agents are also required to establish procedures to ensure that those standards are used by the transfer agent to determine whether to accept or reject guarantees from eligible guarantor institutions. Transfer agents must maintain, for a period of three years following the date of a rejection of transfer, a record of all transfers rejected, along with the reason for the rejection, identification of the guarantor, and whether the guarantor failed to meet the transfer agent's guarantee standard. These recordkeeping requirements assist the Commission and other regulatory agencies with monitoring transfer agents and ensuring compliance with the rule.</P>
        <P>There are approximately 477 registered transfer agents. The staff estimates that every transfer agent will spend about 40 hours annually to comply with Rule 17Ad-15. The total annual burden for all transfer agents is 23,480 hours (477 times 40). The average cost per hour is approximately $50. Therefore, the total cost of compliance for all transfer agents is $1,174,000 (23,480 times $50).</P>
        <P>The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.</P>

        <P>Background documentation for this information collection may be viewed at the following Web site,<E T="03">www.reginfo.gov.</E>Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to:<E T="03">Shagufta_Ahmed@omb.eop.gov;</E>and (ii) Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an email to:<E T="03">PRA_Mailbox@sec.gov.</E>Comments must be submitted within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22143 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <FP SOURCE="FP-1">
          <E T="03">Upon Written Request Copies Available From:</E>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">Regulation S-P, SEC File No. 270-480, OMB Control No. 3235-0537.</FP>
        </EXTRACT>
        

        <P>Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget a request for approval of extension of the previously approved collection of information provided for in the privacy notice and opt out notice provisions of Regulation S-P—Privacy of Consumer Financial Information (17 CFR part 248) under the Securities Exchange Act of 1934 (15 U.S.C. 78a<E T="03">et seq.</E>) (“Exchange Act”). The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval.</P>

        <P>The privacy notice and opt out notice provisions of Regulation S-P (the “Rule”) implement the privacy notice and opt out notice requirements of Title V of the Gramm-Leach-Bliley Act (“GLBA”), which include the requirement that at the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution<PRTPAGE P="55513"/>shall provide a clear and conspicuous disclosure to such consumer of such financial institution's policies and practices with respect to disclosing nonpublic personal information to affiliates and nonaffiliated third parties (“privacy notice”). Title V of the GLBA also provides that, unless an exception applies, a financial institution may not disclose nonpublic personal information of a consumer to a nonaffiliated third party unless the financial institution clearly and conspicuously discloses to the consumer that such information may be disclosed to such third party; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option (“opt out notice”). The Rule applies to broker-dealers, investment advisers registered with the Commission, and investment companies (“covered entities”).</P>
        <P>Commission staff estimates that, as of early May, 2012, the Rule's information collection burden applies to approximately 21,500 covered entities (approximately 4,700 broker-dealers, 12,600 investment advisers registered with the Commission, and 4,200 investment companies). In view of (a) the minimal recordkeeping burden imposed by the Rule (since the Rule has no recordkeeping requirement and records relating to customer communications already must be made and retained pursuant to other SEC rules); (b) the summary fashion in which information must be provided to customers in the privacy and opt out notices required by the Rule (the model privacy form adopted by the SEC and the other agencies in 2009, designed to serve as both a privacy notice and an opt out notice, is only two pages); (c) the availability to covered entities of the model privacy form and online model privacy form builder; and (d) the experience of covered entities' staff with the notices, SEC staff estimates that covered entities will each spend an average of approximately 12 hours per year complying with the Rule, for a total of approximately 258,000 annual burden-hours (12 × 21,500 = 258,000). SEC staff understands that the vast majority of covered entities deliver their privacy and opt out notices with other communications such as account opening documents and account statements. Because the other communications are already delivered to consumers, adding a brief privacy and opt out notice should not result in added costs for processing or for postage and materials. Also, privacy and opt out notices may be delivered electronically to consumers who have agreed to electronic communications, which further reduces the costs of delivery. Because SEC staff assumes that most paper copies of privacy and opt out notices are combined with other required mailings, the burden-hour estimates above are based on resources required to integrate the privacy and opt out notices into another mailing, rather than on the resources required to create and send a separate mailing. SEC staff estimates that, of the estimated 12 annual burden-hours incurred, approximately 8 hours would be spent by administrative assistants at an hourly rate of $65, and approximately 4 hours would be spent by internal counsel at an hourly rate of $378, for a total annualized cost of $2,032 for each of the covered entities (8 × $65 = $520; 4 × $378 = $1,512; $520 + $1,512 = $2,032). Hourly cost estimates for personnel time are derived from the Securities Industry and Financial Markets Association's Management &amp; Professional Earnings in the Securities Industry 2011, modified by SEC staff to account for an 1800-hour work-year and multiplied by 5.35 to account for bonuses, firm size, employee benefits, and overhead. Accordingly, SEC staff estimates that the total annualized cost for the estimated total hour burden for the approximately 21,500 covered entities subject to the Rule is approximately $43,688,000 ($2,032 × 21,500 = $43,688,000).</P>
        <P>Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's estimates of the burden of the proposed collection of information on respondents; (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. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication.</P>
        <P>The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.</P>

        <P>Background documentation for this information collection may be viewed at the following Web site:<E T="03">www.reginfo.gov.</E>Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to:<E T="03">Shagufta_Ahmed@omb.eop.gov;</E>and (ii) Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312, or by sending an email to:<E T="03">PRA_Mailbox@sec.gov.</E>Comments must be submitted to OMB within 30 days of this notice.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22144 Filed 9-7-12; 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. 34-67776; File No. SR-Phlx-2012-110]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Elimination of a Reversal and Conversion Fee Cap</SUBJECT>
        <DATE>September 4, 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 24, 2012, NASDAQ OMX PHLX LLC (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III 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 proposes to remove a fee cap on equity options transactions on certain reversals and conversion strategies.</P>

        <P>The text of the proposed rule change is available on the Exchange's Web site at<E T="03">http://nasdaqtrader.com/micro.aspx?id=PHLXfilings,</E>at the<PRTPAGE P="55514"/>principal office of the Exchange, on the Commission's Web site at<E T="03">http://www.sec.gov,</E>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 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 aspects of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The purpose of the proposed rule change is to remove a fee cap on equity options transactions on certain reversals and conversion strategies. The fee cap was intended to incentivize market participants by capping option transaction fees related to reversal and conversion strategies to encourage trading on the Exchange and the Exchange believes such a fee cap is no longer necessary. Reversals are established by combining a short stock position with a short put and a long call position that shares the same strike and expiration. Conversions are established by combining a long position in the underlying security with a long put and a short call position that shares the same strike and expiration.</P>
        <P>The Exchange proposes to eliminate this cap for all market participants relating to option transaction fees in Multiply Listed Options (Section II of the Pricing Schedule) of $500 per day for reversal and conversion strategies executed on the same trading day in the same options class (“Reversal and Conversion Cap”). The Reversal and Conversion Cap applies only to executions occurring on either of the two days preceding the standard options expiration date, which typically was the third Thursday and Friday of every month.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that its proposal to amend its Pricing Schedule is consistent with Section 6(b) of the Act<SU>3</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4) of the Act<SU>4</SU>
          <FTREF/>in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members and other persons using its facilities.</P>
        <FTNT>
          <P>
            <SU>3</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>The Exchange believes that the proposed elimination of the Reversal and Conversion Cap is reasonable because the Exchange previously capped the option transaction fees in Multiply Listed options for reversals and conversions in an effort to incentivize market participants, but the Exchange believes such an incentive is no longer necessary. The Exchange also believes that this proposal is equitable and not unfairly discriminatory because the Exchange is eliminating the Reversal and Conversion Cap for all members and the Exchange believes that market participants will continue to transact in Multiply Listed options for reversals and conversions.</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 will impose any burden on competition 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 either solicited or received.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.<SU>5</SU>
          <FTREF/>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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.</P>
        <FTNT>
          <P>
            <SU>5</SU>15 U.S.C. 78s(b)(3)(A)(ii).</P>
        </FTNT>
        <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 No. SR-Phlx-2012-110 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-Phlx-2012-110. 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 such 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 No. SR-Phlx-2012-110 and should be submitted on or before October 1, 2012.<FTREF/>
        </FP>
        <FTNT>
          <P>
            <SU>6</SU>17 CFR 200.30-3(a)(12).</P>
        </FTNT>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>6</SU>
          </P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22140 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55515"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67777; File No. SR-CBOE-2012-084]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish Transaction Fees for CBOE Range Options on the S&amp;P 500 Index</SUBJECT>
        <DATE>September 4, 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 28, 2012, the Chicago Board Options Exchange, Incorporated (“Exchange” or “CBOE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been 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>Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) proposes to amend its Fees Schedule to establish fees for transactions in CBOE Range Options on the S&amp;P 500 Index (“SROs”). The text of the proposed rule change is available on the Exchange's Web site (<E T="03">http://www.cboe.org/legal</E>), at the Exchange's Office of the Secretary, and at the Commission.</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 Exchange received approval to list and trade cash-settled, European-style Range Options that overlie any index eligible for options trading on the Exchange.<SU>3</SU>
          <FTREF/>Range Options pay an exercise settlement amount if the settlement value of the underlying index at expiration falls within the specified Range Length. As stated in the Range Option approval order:</P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 57376 (February 25, 2008), 73 FR 11689 (March 4, 2008) (order approving SR-CBOE-2007-104).</P>
        </FTNT>
        
        <EXTRACT>

          <P>The Commission believes that Range Options would provide investors with a potentially useful investment choice. The Commission notes that investors now can replicate the features and structures of Range Options through the use of currently available options traded on the Exchange.<SU>13</SU>[NB: This superscript “13” represents footnote 13 in the Range Option approval order that was published in the<E T="04">Federal Register</E>, which is quoted below in text; it does not represent a footnote in this filing.]<E T="03">The payout structure of a Range Option can be replicated by purchasing four calls or puts with varying strike prices.</E>Range Options will enable investors to obtain the same payout structure by purchasing one option, with the potential of significantly reducing investors' transaction costs.<SU>4</SU>
            <FTREF/>(emphasis added).</P>
          <FTNT>
            <P>
              <SU>4</SU>73 FR at 11692.</P>
          </FTNT>
        </EXTRACT>
        
        <P>The Exchange will list Range Options on the S&amp;P 500 Index (Ticker: SRO) beginning on August 28, 2012. The purpose of this filing is to establish transaction fees for SROs. In considering the appropriate and equitable amount of transaction fees for SROs, the Exchange considered the fact that the exposure provided by Range Options is equivalent to four option positions. Consistent with the spirit of the Commission's observation noted above, the Exchange will not be assess [sic] a transaction fee equal to the transaction fees for four options positions, but rather will, in general, assess a transaction fee equal to the transaction fees for two option positions. The Exchange believes that this transaction cost level strikes the appropriate balance between establishing reasonable fees and the Exchange's goal of introducing new products to the marketplace that are competitively priced.</P>
        <P>The amount of transaction fees for SROs<SU>5</SU>
          <FTREF/>will be as follows:</P>
        <FTNT>
          <P>

            <SU>5</SU>CBOE is adding “SRO” to the title of the Index Options Rate Table, which will exclude SROs from the fees set forth in that table and adding “SRO” to the Proprietary Index Options Rate Table, which will set forth the fees for SROs in that table, to the Fees Schedule.<E T="03">See</E>pages 19 [sic] and 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">Customer, Professional Customer and Voluntary Professional Customer:</E>$0.80 per contract for customer, professional customer and voluntary professional customer transactions.<SU>6</SU>
          <FTREF/>The Exchange notes that the customer, professional customer and voluntary professional customer fees for standard S&amp;P 500 Index (“SPX”) options are: (a) $0.44 per contract if the premium is greater than or equal to $1, and (b) $0.35 per contract if the premium is less than $1. For ease of use, the Exchange is proposing to establish a single fee for customer, professional customer and voluntary professional customer transactions in SROs regardless of the premium amount. The Exchange is not proposing to double the amount of either existing standard SPX option fee, but rather used those fees as a measure for setting the proposed $0.80 per contract fee. The Exchange also proposes to layer SROs into the existing Customer Large Trade Discount regime for other S&amp;P products, which will limit the amount of customer transaction fees to the first 10,000 contracts.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>page 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See</E>proposed addition of “SRO” to the Customer Large Trade Discount Table to the Fees Schedule.<E T="03">See</E>page 22 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">CBOE Market-Maker, Designated Primary Market-Maker (“DPM”), E-DPM and Lead Market-Maker (“LMM”):</E>$0.40 per contract for CBOE Market-Maker DPM, E-DPM and LMM transactions, which is equal to double the transaction fee equal for a single standard SPX option.<SU>8</SU>
          <FTREF/>As with some other S&amp;P products, transactions in SROs will be excluded from the Liquidity Provider Sliding Scale.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>page 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>proposed addition of “SRO” to the Liquidity Provider Sliding Scale Table to the Fees Schedule.<E T="03">See</E>page 20 [sic] to Exhibit 5. As explained in SR-CBOE-2012-008, the Exchange excludes certain proprietary, singly-listed products from the Liquidity Provider Sliding Scale because the Exchange has “expended considerable resources developing its singly-listed products.”<E T="03">See</E>Securities Exchange Act Release No. 66277 (January 30, 2012), 77 FR 5595 (February 3, 2012).</P>
        </FTNT>
        <P>•<E T="03">Clearing Trading Permit Holder Proprietary:</E>$0.50 per contract for Clearing Trading Permit Holder Proprietary transactions, which is equal to double the transaction fee for a single standard SPX option.<SU>10</SU>
          <FTREF/>As with some other S&amp;P products, transactions in SROs will be excluded from the Clearing Trading Permit Holder Fee Cap.<SU>11</SU>
          <FTREF/>The Exchange also proposes to<PRTPAGE P="55516"/>exclude SROs from the CBOE Proprietary Products Sliding Scale.<SU>12</SU>
          <FTREF/>Because the CBOE Proprietary Products Sliding Scale is structured on a per contract basis and because SROs provide the exposure of four contracts, the Exchange believes that it is appropriate to exclude SROs. As with other S&amp;P products, firm facilitations for SROs will not be free. To reflect this, the Exchange is adding “SROs” to this provision in the “Notes” section to the Clearing Trading Permit Holder Fee Cap Table.<SU>13</SU>
          <FTREF/>Products such as SROs are assessed fees for firm facilitations because they are proprietary and the Exchange has expended considerable resources developing its singly-listed products.</P>
        <FTNT>
          <P>
            <SU>10</SU>
            <E T="03">See</E>page 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>proposed addition of “SRO” to Clearing Trading Permit Holder Fee Cap Table and to<PRTPAGE/>footnote 11 to the Fees Schedule.<E T="03">See</E>pages 21 [sic] and 32 [sic] to Exhibit 5.<E T="03">See</E>Securities Exchange Act Release No. 63701 (January 11, 2011), 76 FR 2934 (January 18, 2011) (notice of SR-CBOE-2010-116 which filing, among other things, established a multiply-listed options fee cap and a CBOE proprietary products sliding scale).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">See</E>proposed addition of the sentence “SROs are excluded from the CBOE Proprietary Products Sliding Scale” to the CBOE Proprietary Products Sliding Scale Table.<E T="03">See</E>page 21 [sic] to Exhibit 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>
            <E T="03">See</E>proposed addition of “SRO” to the CBOE Trading Permit Holder Fee Cap Table.<E T="03">See</E>page 21 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">Broker-Dealer and Non-Trading Permit Holder Market-Maker:</E>$0.80 per contract for Broker-Dealer and Non-Trading Permit Holder Market-Maker transactions, which is equal to double the transaction fee for a single standard SPX option.<SU>14</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>14</SU>
            <E T="03">See</E>page 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">Marketing Fee:</E>$0.00 per contract. As with certain other S&amp;P products, the Exchange proposes to add SROs to footnote 6 to the Fees Schedule so that the Exchange's marketing fee will not apply to SROs.<SU>15</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>15</SU>
            <E T="03">See</E>page 31 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">Floor Brokerage Fees:</E>$0.08 for non-crossed orders and $0.04 for crossed orders, which is equal to double the respective Floor Brokerage fees for a single standard SPX option.<SU>16</SU>
          <FTREF/>SROs will be excluded from the calculation of the additional monthly fee assessed to any Floor Broker Trading Privilege Holder that executes more than 20,000 standard SPX options during the month.<SU>17</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>16</SU>
            <E T="03">See</E>proposed addition of “SRO” and “SRO Crossed Orders” to the Floor Brokerage and PAR Official Fees Table to the Fees Schedule.<E T="03">See</E>page 24 [sic] to Exhibit 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>
            <E T="03">See</E>proposed addition of the sentence “For purposes of determining the 20,000 contract per month threshold, SRO executions are excluded for purposes of the calculation of executed SPX contracts during the month” to footnote 25 to the Fees Schedule at page 34 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">Surcharge Fee (Index License):</E>$0.20 on all non-public customer transactions in SROs.<SU>18</SU>
          <FTREF/>The Index License fee helps the Exchange recoup some of the license fees that the Exchange pays to the reporting authority.</P>
        <FTNT>
          <P>
            <SU>18</SU>
            <E T="03">See</E>proposed addition of “SRO” to the Surcharge Fee section of the Proprietary Index Options Rate Table to the Fees Schedule.<E T="03">See</E>page 20 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>•<E T="03">AIM Contract Execution Fee:</E>As with other certain S&amp;P products, applicable standard transaction fees will apply to AIM, SAM, FLEX AIM and FLEX SAM transactions in SROs.<SU>19</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>19</SU>
            <E T="03">See</E>proposed addition of “SRO” to footnote 18 to the Fees Schedule.<E T="03">See</E>page 33 [sic] to Exhibit 5.</P>
        </FTNT>
        <P>CBOE notes that SROs are eligible for trading on the Exchange as Flexible Exchange (“FLEX”) options, although FLEX option trading functionality is currently disabled.<SU>20</SU>
          <FTREF/>When FLEX trading is enabled for SROs, CBOE will submit a filing to establish FLEX fees.</P>
        <FTNT>
          <P>
            <SU>20</SU>
            <E T="03">See</E>CBOE Rule 20.12 (FLEX Trading) and<E T="03">CBOE Regulatory Circular RG12-056</E>(CFLEX 2.0 Rollout Schedule and Settings) at page 4, issued on April 20, 2012.</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes the proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (“Act”),<SU>21</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4)<SU>22</SU>
          <FTREF/>of the Act in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among CBOE Trading Permit Holders and other persons using its facilities.</P>
        <FTNT>
          <P>
            <SU>21</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>22</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>In setting the proposed transaction fees for SROs, the Exchange considered the fact that the exposure provided by Range Options is equivalent to four option positions. Consistent with the spirit of the Commission's observation in the Range Option approval order (that Range Options may reduce investor transaction costs), the Exchange determined not to propose a transaction fee equal to the fees for four options positions, but rather has proposed, in general, to assess a transaction fee equal to the fees for two option positions. The Exchange believes that this transaction cost level strikes the appropriate balance between establishing reasonable fees and the Exchange's goal of introducing new products to the marketplace that are competitively prices [sic].</P>
        <P>The Exchange believes that the fees are equitable and do not unfairly discriminate because they provide comparable pricing among similar categories of market participants. The Exchange believes that a fee of $0.80 per contract for Customer, Professional Customer, Voluntary Professional Customer, Broker-Dealer and Non-Trading Permit Holder Market-Maker transactions is equitable since those market participants will effectively pay half of the transactions costs associated with the exposure of four options.</P>
        <P>The Exchange believes that a fee of $0.40 per contract for CBOE Market-Make, DPM, E-DPM and LMM transactions is equitable since those market participants provide a valuable market service by adding liquidity to the Exchange and since they are subject to liquidity provider obligations. This standard rate is not subject to the Liquidity Provider Sliding Scale as set forth in Footnote 10 to the Fees Schedule. Excluding SROs from the Liquidity Provider Sliding Scale is equitable and not unfairly discriminatory because all similarly-situated market participants trading in the product will be charged the same fees for such transactions and because the Exchange expended significant resources developing SROs.</P>
        <P>The Exchange also believes that a fee of $0.50 per contract for Clearing Trading Permit Holders is equitable since they contribute capital to facilitate customer orders, which in turn provides a deeper pool of liquidity that benefits all market participants. Excluding SROs from the CBOE Proprietary Products Sliding Scale is equitable and not unfairly discriminatory because that scale is structured on a per contract basis and because SROs provide the exposure of four contracts. Accordingly, the Exchange believes that it is appropriate to exclude SROs. As with other S&amp;P products, firm facilitations for SROs will not be free. Products such as SROs are assessed fees for firm facilitations because they are proprietary and the Exchange has expended considerable resources developing its singly-listed products.</P>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>CBOE does not believe that the proposed rule change will impose any burden on competition 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>The proposed rule change is designated by the Exchange as<PRTPAGE P="55517"/>establishing or changing a due, fee, or other charge, thereby qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A) of the Act<SU>23</SU>
          <FTREF/>and subparagraph (f)(2) of Rule 19b-4<SU>24</SU>
          <FTREF/>thereunder. 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>
        <FTNT>
          <P>
            <SU>23</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>24</SU>17 C.F.R. 240.19b-4(f)(2).</P>
        </FTNT>
        <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-CBOE-2012-084 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-CBOE-2012-084. 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 such 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 publicly available. All submissions should refer to File Number SR-CBOE-2012-084 and should be submitted on or before October 1, 2012.<FTREF/>
        </FP>
        <FTNT>
          <P>
            <SU>25</SU>17 CFR 200.30-3(a)(12).</P>
        </FTNT>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>25</SU>
          </P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22141 Filed 9-7-12; 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. 34-67778; File No. SR-FINRA-2012-026]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change Relating to the Handling of Stop and Stop Limit Orders</SUBJECT>
        <DATE>September 4, 2012.</DATE>
        <HD SOURCE="HD1">I. Introduction</HD>
        <P>On May 24, 2012, Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“Commission”), 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/>a proposed rule change to amend FINRA's rules relating to the handling of stop orders and stop limit orders. The proposed rule change was published for comment in the<E T="04">Federal Register</E>on June 6, 2012.<SU>3</SU>
          <FTREF/>The Commission received four comment letters regarding the proposal.<SU>4</SU>
          <FTREF/>On July 19, 2012, the Commission designated a longer period to act on the proposed rule change, until September 4, 2012.<SU>5</SU>
          <FTREF/>On August 9, 2012, FINRA submitted a response to the comment letters.<SU>6</SU>
          <FTREF/>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>
            <E T="03">See</E>Securities Exchange Act Release No. 67085 (May 31, 2012), 77 FR 33537 (“Notice”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>Letters to Elizabeth M. Murphy, Secretary, Commission, from Ann L. Vlcek, Managing Director and Associate General Counsel, Securities Industry and Financial Markets Association, dated June 26, 2012 (“SIFMA Letter”); Gary J. Sjostedt, Director, Order Routing and Sales, TD Ameritrade, Inc., dated June 27, 2012 (“TD Ameritrade Letter”); and Christopher Nagy, President, KOR Trading LLC, dated July 9, 2012 (“KOR Letter”); and web comment from Virgil F. Liptak, dated July 3, 2012 (“Liptak Letter”). The comment letters received by the Commission are available at<E T="03">http://www.sec.gov/comments/sr-finra-2012-026/finra2012026.shtml.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>Securities Exchange Act Release No. 67471, 77 FR 43620 (July 25, 2012).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>Letter to Elizabeth M. Murphy, Secretary, Commission, from Racquel L. Russell, Assistant General Counsel, Regulatory Policy and Oversight, FINRA, dated August 9, 2012 (“FINRA Response”).</P>
        </FTNT>
        <HD SOURCE="HD1">II. Description of the Proposal</HD>
        <P>FINRA proposes to amend its rules governing the handling of stop orders. FINRA Rule 6140(h) currently provides that a member may, but is not obligated to, accept a stop order or a stop limit order in a designated security.<SU>7</SU>
          <FTREF/>A buy stop order becomes a market order when a transaction takes place at or above the stop price, and a sell stop order becomes a market order when a transaction takes place at or below the stop price.<SU>8</SU>
          <FTREF/>When a transaction occurs at the stop price, a stop limit order to buy or sell becomes a limit order at the limit price.<SU>9</SU>

          <FTREF/>Accordingly, FINRA rules provide that stop orders and stop limit orders are triggered (<E T="03">i.e.,</E>become a market or a limit order) by a transaction in a security.</P>
        <FTNT>
          <P>
            <SU>7</SU>FINRA Rule 6140(a) defines a “designated security” as any NMS stock as defined in Rule 600(b)(47) of Regulation NMS, 17 CFR 242.600(b)(47).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>FINRA Rule 6140(h)(1)(A)-(B).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>FINRA Rule 6140(h)(2).</P>
        </FTNT>

        <P>FINRA now proposes to also allow members to offer customers stop orders and stop limit orders that would be triggered by a transaction or by an event other than a transaction (<E T="03">e.g.,</E>a quotation).<SU>10</SU>
          <FTREF/>FINRA has indicated that some firms and their customers prefer alternative triggers for activating stop orders and stop limit orders.<SU>11</SU>
          <FTREF/>According to FINRA, some members believe that, for certain securities, quotations may serve as a better indicator of the current price than transactions.<SU>12</SU>
          <FTREF/>For example, quotations for thinly traded securities may be continuously updated, whereas there may be limited trading in the securities.<SU>13</SU>

          <FTREF/>However, FINRA also states that some members and customers prefer to have transactions trigger stop orders and stop limit orders, and believe that customers could be disadvantaged<PRTPAGE P="55518"/>if quotations trigger stop orders and stop limit orders.<SU>14</SU>
          <FTREF/>For example, some members are concerned that using quotations as a trigger could result in an execution at a price that the stock had never traded at on that day.<SU>15</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>10</SU>FINRA previously proposed to delete in its entirety Rule 6140(h).<E T="03">See</E>Securities Exchange Act Release No. 63256 (November 5, 2010), 75 FR 69503 (November 12, 2010) (SR-FINRA-2010-055). The Commission disapproved that proposed rule change.<E T="03">See</E>Securities Exchange Act Release No. 63885 (February 10, 2011), 76 FR 9062 (February 16, 2011) (Order Disapproving SR-FINRA-2010-055).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 33537.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>15</SU>
            <E T="03">See id.</E>FINRA states that some members expressed concern that quotations may be more vulnerable to abuse because they can be manipulated to trigger stops and then withdrawn or changed, while other members noted that using transactions also could result in the improper triggering of a customer's stop order due to trades at prices outside of the current market.<E T="03">See id.</E>at 33537 n.6.</P>
        </FTNT>
        <P>FINRA proposes permitting a member to accept an order type that activates as a market or limit order using an event other than a transaction at the stop price as the trigger, such as a quotation.<SU>16</SU>
          <FTREF/>The member may not label the order type a “stop order” or a “stop limit order,” and must clearly distinguish it from a “stop order” and a “stop limit order.”<SU>17</SU>
          <FTREF/>For example, an order type that triggers using a quotation at the stop price may be labeled a “stop quotation order.”<SU>18</SU>
          <FTREF/>FINRA believes that requiring members to distinguish orders triggered by an event other than a transaction from stop orders or stop limit orders will allow members and customers to share a uniform understanding that transactions serve as the triggering event for stop orders and stop limit orders.<SU>19</SU>
          <FTREF/>In addition, FINRA proposes that the member offering such an order type must disclose to the customer, in paper or electronic form, prior to the time the customer places the order, a description of the order type including the triggering event.<SU>20</SU>
          <FTREF/>A member that permits customers to engage in securities transactions online must also post the required disclosures on the member's Web site in a clear and conspicuous manner.<SU>21</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>16</SU>FINRA proposes to move the stop order definition from FINRA Rule 6140(h) to proposed FINRA Rule 5350. FINRA states that this will ensure that the existing and proposed stop order provisions apply uniformly to both OTC Equity Securities and NMS stocks.<E T="03">See id.</E>at 33538.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350, Supplementary Material .01.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>18</SU>
            <E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 33538.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>19</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>20</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350, Supplementary Material .01. For example, the disclosure can be made at account opening.<E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 33538.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>21</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350, Supplementary Material .01.</P>
        </FTNT>
        <P>FINRA further proposes that a member that routes a customer stop order or stop limit order to another broker-dealer or exchange for handling or execution must take reasonable steps to ensure that the order is handled or executed by the other broker-dealer or exchange in accordance with proposed Rule 5350(a).<SU>22</SU>

          <FTREF/>Similarly, under the proposal, a member that routes an order type using an alternative trigger (<E T="03">i.e.,</E>a trigger other than a transaction) to another broker-dealer or exchange must take reasonable steps to ensure that the order is handled or executed by the other broker-dealer or exchange in accordance with the terms of the order as communicated to the customer placing the order.<SU>23</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>22</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350, Supplementary Material .02.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>23</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>FINRA believes that, given the various risks and benefits of each triggering event, members and their customers should determine the appropriate triggering event for stop orders and stop limit orders.<SU>24</SU>
          <FTREF/>In addition, FINRA believes that providing customers and members with the flexibility to select and offer other triggering events for alternative order types in accordance with their investment objectives and business models, while requiring members to disclose a description of the order type, including the triggering event, prior to the time the customer places the order, will promote just and equitable principles of trade.<SU>25</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>24</SU>
            <E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 33538.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>25</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD1">III. Summary of Comments Received and FINRA's Response</HD>
        <P>The Commission received four comment letters on the proposed rule change.<SU>26</SU>
          <FTREF/>KOR Trading LLC (“KOR”), the Securities Industry and Financial Markets Association (“SIFMA”), and TD Ameritrade, Inc. (“TD Ameritrade”) generally supported FINRA's objective to provide members with flexibility regarding the triggers for stop orders, but preferred a disclosure-based approach over creation of a new order type.<SU>27</SU>
          <FTREF/>An individual commenter believes that FINRA should retain and enforce Rule 6140(h) as written rather than amend it to accommodate members that were offering stop orders and stop limit orders triggered by events other than a transaction and disclosing the triggering event in brokerage agreements.<SU>28</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>26</SU>
            <E T="03">See supra</E>note 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>27</SU>
            <E T="03">See</E>KOR Letter; TD Ameritrade Letter; SIFMA Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>28</SU>
            <E T="03">See</E>Liptak Letter.</P>
        </FTNT>
        <P>KOR stated that the use of disclosures, especially those requiring affirmative consent, would allow investors flexibility to choose the trigger for stop orders and stop limit orders, and would reduce the burden on the industry to create new order types.<SU>29</SU>
          <FTREF/>KOR also stated that brokers should increase efforts to educate their customers about stop orders and stop limit orders.<SU>30</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>29</SU>
            <E T="03">See</E>KOR Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>30</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>SIFMA stated that, although some of its members would like flexibility in choosing the applicable trigger for stop orders and stop limit orders and others would prefer to have one established trigger point, SIFMA members agree that FINRA should not introduce a new order type to provide for the desired flexibility.<SU>31</SU>
          <FTREF/>Instead, SIFMA advocates a disclosure and negative consent approach in which a firm would be required to disclose what would trigger a stop order or stop limit order and, if the customer does not object to the disclosed trigger, the firm may conclude the customer consents to the use of that trigger.<SU>32</SU>
          <FTREF/>SIFMA believes this approach would avoid the costs and burdens of creating a new order type, including the cost of educating investors about the new order type.<SU>33</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>31</SU>
            <E T="03">See</E>SIFMA Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>32</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>33</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>TD Ameritrade raised concerns that FINRA's proposal would create an undue burden on the industry by requiring it to incorporate a new order type without clearly defined benefits, and may create unnecessary investor confusion.<SU>34</SU>
          <FTREF/>In addition, TD Ameritrade believes creating a new order type identifying stop orders and stop limit orders triggered by a quotation is unnecessary as there is no evidence investors misunderstand or are harmed by such orders.<SU>35</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>34</SU>
            <E T="03">See</E>TD Ameritrade Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>35</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>FINRA responds that the proposed rule change addresses concerns related to the potential for investor confusion with respect to the operation of stop orders and stop limit orders, while providing members the flexibility to offer orders types based on other triggers.<SU>36</SU>
          <FTREF/>FINRA notes that it has engaged in extensive discussions with its member firms about the proposed rule change and has taken into account the input provided by members in formulating the proposed rule change.<SU>37</SU>
          <FTREF/>For example, FINRA had considered removing the current definition of “stop order” and substituting a disclosure provision that would require members to disclose to customers how stop orders would be triggered.<SU>38</SU>

          <FTREF/>FINRA states that its members expressed a number of concerns about this approach, including that it could lead to investor confusion regarding the handling of stop orders, errors when routing stop orders for<PRTPAGE P="55519"/>execution to another broker that uses a different trigger for stop orders, and executions of quotation-triggered stop orders at prices at which the stock had not traded that day.<SU>39</SU>
          <FTREF/>FINRA also had considered retaining the existing rule to require that only transactions trigger stop orders and stop limit orders.<SU>40</SU>
          <FTREF/>However, certain FINRA members were concerned that trades outside the current market, whether permissible transactions or clearly erroneous trades, could improperly trigger transaction-based stop orders and stop limit orders, and believed that quotations may serve as a better indicator of current market price for thinly traded securities.<SU>41</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>36</SU>
            <E T="03">See</E>FINRA Response at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>37</SU>
            <E T="03">See id.</E>at 3.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>38</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>39</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>40</SU>
            <E T="03">See id.</E>at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>41</SU>
            <E T="03">See id.</E>at 3.</P>
        </FTNT>
        <P>FINRA believes the proposed approach—to retain the default trigger while permitting the use of other triggers and requiring disclosure of those triggers—strikes the appropriate balance in addressing the views expressed by FINRA members.<SU>42</SU>
          <FTREF/>In particular, FINRA believes that the proposal would provide members with flexibility in offering various order types, while also addressing concerns regarding the potential for investor confusion with respect to the operation of stop orders.<SU>43</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>42</SU>
            <E T="03">See id.</E>at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>43</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>FINRA states that the purpose of the proposed rule change is to make explicit in FINRA rules that firms are permitted to offer stop orders and stop limit orders that are triggered by an event other than a transaction, such as a quotation, as long as that order type is clearly differentiated from stop orders and stop limit orders triggered by a transaction.<SU>44</SU>
          <FTREF/>Contrary to views expressed by commenters, FINRA does not believe the proposed rule change would impose additional costs on members that offer stop orders and stop limit orders given the current requirement to use a transaction-based trigger for orders labeled as “stop” or “stop limit,” thus requiring order types that use an alternative trigger to be labeled differently.<SU>45</SU>
          <FTREF/>In addition, FINRA is concerned that allowing the trigger for stop orders and stop limit orders to vary solely based on customer consent may diminish the level of certainty for customers as to how stop orders would be treated and would result in less uniformity in the handling of stop orders and stop limit orders.<SU>46</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>44</SU>
            <E T="03">See id.</E>at 2.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>45</SU>
            <E T="03">See id.</E>at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>46</SU>
            <E T="03">See id.</E>Finally, FINRA notes that it will provide an implementation period of no less than 90 days following Commission approval of the proposed rule change to provide members that determine to offer stop orders and stop limit orders with alternative triggers with time to make necessary technology changes.<E T="03">See id.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD1">IV. Discussion and Commission's Findings</HD>
        <P>After careful review of the proposed rule change, the comment letters received, and FINRA's response, the Commission finds that the proposed rule change is consistent with the requirements of Section 15A(b) of the Act<SU>47</SU>
          <FTREF/>and the rules and regulations thereunder applicable to a national securities association.<SU>48</SU>
          <FTREF/>In particular, the Commission finds that the proposed rule change is consistent with Section 15A(b)(6) of the Act,<SU>49</SU>
          <FTREF/>which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.</P>
        <FTNT>
          <P>
            <SU>47</SU>15 U.S.C. 78o-3(b).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>48</SU>In approving this proposed rule change, 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>
        <FTNT>
          <P>
            <SU>49</SU>15 U.S.C. 78o-3(b)(6).</P>
        </FTNT>

        <P>FINRA's proposal would allow the use of transaction-based stop orders and stop limit orders by providing a uniform definition of “stop order” and “stop limit order” while also allowing member firms to offer order types that are triggered by an event other than a transaction (<E T="03">e.g.,</E>a quotation).<SU>50</SU>
          <FTREF/>The Commission notes that a member that provides an order type that is triggered by an event other than a transaction at the stop price cannot label the order type a “stop order” or a “stop limit order,” and must clearly distinguish the order type from a “stop order” and a “stop limit order.”<SU>51</SU>
          <FTREF/>In addition, the member must disclose to the customer, in paper or electronic form, prior to the time the customer places the order, a description of the order type including the triggering event.<SU>52</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>50</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>51</SU>
            <E T="03">See</E>Proposed FINRA Rule 5350, Supplementary Material .01.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>52</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>While several commenters advocated for an alternative approach and raised concerns regarding a potential burden as a result of the proposal, the Commission believes that FINRA's proposal would allow members flexibility in the types of orders they offer and provide for disclosure to customers regarding the operation of such orders. In this regard, the Commission notes that FINRA weighed various alternatives and took into account extensive input from its members in formulating the proposal.<SU>53</SU>
          <FTREF/>In addition, the Commission notes FINRA's belief that the proposal should not impose additional costs on firms that continue existing practices consistent with FINRA rules.<SU>54</SU>
          <FTREF/>Further, the Commission notes FINRA's concern that permitting stop order triggers to vary solely based on customer consent, as suggested by commenters, could undermine the ability of customers to understand how their stop orders would be handled.<SU>55</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>53</SU>
            <E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 33537; and FINRA Response at 2.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>54</SU>
            <E T="03">See</E>FINRA Response at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>55</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>The Commission believes that FINRA's proposal sufficiently addresses issues regarding FINRA's previous proposed rule change, which would have deleted in its entirety the provisions of FINRA Rule 6140 relating to the handling of stop orders by member firms.<SU>56</SU>
          <FTREF/>The Commission believes that FINRA's proposal should enhance the ability of investors to understand the key attributes of order types offered by their brokers so that they can make informed choices as to whether to use a particular type of order.</P>
        <FTNT>
          <P>
            <SU>56</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 63885 (February 10, 2011), 76 FR 9062 (February 16, 2011) (Order Disapproving SR-FINRA-2010-055).</P>
        </FTNT>
        <HD SOURCE="HD1">V. Conclusion</HD>
        <P>It is therefore ordered, pursuant to Section 19(b)(2) of the Act,<SU>57</SU>
          <FTREF/>that the proposed rule change (SR-FINRA-2012-026) is approved.</P>
        <FTNT>
          <P>
            <SU>57</SU>15 U.S.C. 78s(b)(2).</P>
        </FTNT>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>58</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>58</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. 2012-22142 Filed 9-7-12; 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. 34-67774; File No. SR-FINRA-2012-025]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, To Adopt Existing NASD IM-2110-3 as New FINRA Rule 5270 (Front Running of Block Transactions) With Changes in the Consolidated FINRA Rulebook</SUBJECT>
        <DATE>September 4, 2012.</DATE>
        <HD SOURCE="HD1">I. Introduction</HD>

        <P>On May 17, 2012, Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/<PRTPAGE P="55520"/>k/a National Association of Securities Dealers, Inc. (“NASD”)) filed with the Securities and Exchange Commission (“Commission”), 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/>a proposed rule change to adopt existing NASD Interpretive Material (“IM”) 2110-3 (Front Running Policy) as proposed FINRA Rule 5270 to amend the existing Front Running Policy in several ways to broaden its scope and provide further clarity into activities that FINRA believes are inconsistent with just and equitable principles of trade. The proposed rule change was published for comment in the<E T="04">Federal Register</E>on June 6, 2012.<SU>3</SU>
          <FTREF/>The Commission received two comment letters on the proposed rule change,<SU>4</SU>
          <FTREF/>and a response to comments from FINRA.<SU>5</SU>
          <FTREF/>On August 30, 2012, FINRA submitted Amendment No. 1 to the proposal.<SU>6</SU>
          <FTREF/>This order approves the proposed rule change, as modified by Amendment No. 1.</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>
            <E T="03">See</E>Securities Exchange Act Release No. 67079 (May 30, 2012), 77 FR 33522 (“Notice”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>Letters to Elizabeth M. Murphy, Secretary, Commission, from Ryan K. Bakhtiari, President, Public Investors Arbitration Bar Association (“PIABA”), dated June 26, 2012 (“PIABA Letter”); and Sean Davy, Managing Director, Corporate Credit Markets Division, Securities Industry and Financial Markets Association (“SIFMA”), dated July 9, 2012 (“SIFMA Letter”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Letter from Brant K. Brown, Associate General Counsel, FINRA, to Elizabeth M. Murphy, Secretary, Commission, dated August 29, 2012 (“FINRA Response”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>In that amendment, FINRA clarified that the proposed rule would not apply to orders or transactions involving government securities. FINRA noted, however, that actions for similar front-running conduct occurring in the exempted securities markets, including the government securities market, continue to be covered by FINRA Rule 2010. In the amendment, FINRA also clarified that the 10,000 share language in proposed Supplementary Material .03 refers to equity securities. Because this amendment is technical in nature, it is not subject to notice and comment.</P>
        </FTNT>
        <HD SOURCE="HD1">II. Description of the Proposal</HD>
        <P>As part of the process of developing a consolidated rulebook,<SU>7</SU>
          <FTREF/>FINRA proposed to adopt existing NASD IM-2110-3 (“Front Running Policy”) as proposed FINRA Rule 5270 with the changes described below.</P>
        <FTNT>
          <P>

            <SU>7</SU>The FINRA rulebook consists of: (1) FINRA Rules; (2) NASD Rules; and (3) rules incorporated from NYSE (“Incorporated NYSE Rules”) (together, the NASD Rules and Incorporated NYSE Rules are referred to as the “Transitional Rulebook”). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE Rules apply only to those members of FINRA that are also members of the NYSE (“Dual Members”). The FINRA Rules apply to all FINRA members, unless such rules have a more limited application by their terms.<E T="03">See</E>FINRA Information Notice, March 12, 2008 (Rulebook Consolidation Process).</P>
        </FTNT>
        <HD SOURCE="HD2">A. Current Front Running Policy</HD>
        <P>The current Front Running Policy states that it shall be considered conduct inconsistent with just and equitable principles of trade for a member or a person associated with a member, for an account in which such member or person associated with a member has an interest or exercises investment discretion or for certain customer accounts, to buy or sell an option or security future when the member or person associated with a member has material, non-public market information concerning an imminent block transaction<SU>8</SU>
          <FTREF/>in the underlying security or when the customer has been provided such material, non-public market information by the member of any person associated with a member.<SU>9</SU>
          <FTREF/>Similarly, the same prohibition applies for a member or any person associated with a member with respect to an order to buy or sell an underlying security when such member or person associated with a member causing such order to be executed has material, non-public market information concerning an imminent block transaction in an option or a security future overlying that security, or when a customer has been provided such material, non-public market information by the member or any person associated with a member; prior to the time information concerning the block transaction has been made publicly available.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>NASD IM-2110-3 states that “[a] transaction involving 10,000 shares or more of an underlying security, or options or security futures covering such number of shares is generally deemed to be a block transaction, although a transaction of less than 10,000 shares could be considered a block transaction in appropriate cases.”</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>NASD IM-2110-3(a).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>
            <E T="03">See</E>NASD IM-2110-3(b).</P>
        </FTNT>
        <P>The Front Running Policy also prohibits providing material, non-public market information concerning an imminent block transaction to customers who then trade on the basis of the information. The Front Running Policy is limited to transactions in equity securities and options that are required to be reported on a last sale reporting system and to any transaction involving a security future, regardless of whether the transaction is reported. The prohibitions apply until the information concerning the block transaction has been made publicly available.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>NASD IM-2110-3 (“when [the information] has been disseminated via the tape or high speed communications line of one of those systems, a similar system of a national securities exchange under Section 6 of the Act, an alternative trading system under Regulation ATS, or by a third-party news wire service”).</P>
        </FTNT>
        <P>Finally, the Front Running Policy includes exceptions for “transactions executed by member participants in automatic execution systems in those instances where participants must accept automatic executions” as well as situations where a member receives a customer's block order relating to both an option or security future and the underlying security and the member, in furtherance of facilitating the customer's block order, positions the other side of one or both components of the order. In the latter case, a member is still prohibited from covering any resulting proprietary position by entering an offsetting order until information concerning the block transaction has been made publicly available.</P>
        <HD SOURCE="HD2">B. Proposed Changes to Front Running Policy</HD>
        <HD SOURCE="HD3">1. Expansion of the Front Running Policy</HD>
        <P>FINRA proposes to expand the Front Running Policy to apply to all securities and other financial instruments and contracts (in addition to the existing options and security futures) that overlay the security that is the subject of an imminent block transaction and that have a value that is materially related to, or otherwise acts as a substitute for, the underlying security. Specifically, FINRA proposes to expand the Front Running Policy to cover trading in an option, derivative, security-based swap, or other financial instrument overlying a security that is the subject of an imminent block transaction if the value of the underlying security is materially related to, or otherwise acts as a substitute for, such security, as well as any contract that is the functional economic equivalent of a position in such security (“related financial instrument”).<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>12</SU>FINRA notes that the proposed rule is not intended to provide an exhaustive list of prohibited trading activity.<E T="03">See</E>Notice,<E T="03">supra</E>note 3.</P>
        </FTNT>
        <P>The proposal would also expand the Front Running Policy when the imminent block transaction involves a related financial instrument, and prevent trading in the underlying security. The proposed rule change also would extend the Front Running Policy to include explicitly trading in the same security or related financial instrument that is the subject of an imminent block transaction.<SU>13</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>13</SU>The trading restrictions imposed by the current Front Running Policy apply until information about the imminent customer block transaction “has been made publicly available,” which the rule defines as having been disseminated to the public in trade reporting data. The proposed rule change generally retains this standard for determining when information has become publicly available.<PRTPAGE/>However, FINRA proposes to expand the rule to include related financial instruments that may not result in publicly available trading information being made available. Accordingly, FINRA also proposes that the prohibitions in the rule be in place until the material, non-public market information is either publicly available or “has otherwise become stale or obsolete.” Whether information has become stale or obsolete will depend upon the particular facts and circumstances involved, including specific information the member has regarding the transaction, but could include factors such as the amount of time that has passed since the member learned of the block transaction, subsequent trading activity in the security, or a significant change in market conditions.</P>
        </FTNT>
        <PRTPAGE P="55521"/>
        <HD SOURCE="HD3">2. Amended Exceptions to the Front Running Policy</HD>
        <P>The proposed rule change would replace several existing provisions in the Front Running Policy with proposed Supplementary Material to FINRA Rule 5270. FINRA proposes to replace the existing exceptions in the Front Running Policy for certain transactions in automatic execution systems and for positioning the other side of certain orders when a member receives a customer's block order relating to both an option and the underlying security or both a security future and the underlying security. The new Supplementary Material identifies types of transactions that are permitted. Specifically, under the proposed Supplementary Material, there would be three broad categories of permitted transactions: (1) Transactions that the member can demonstrate are unrelated to the customer block order; (2) transactions that are undertaken to fulfill or facilitate the execution of the customer block order; or (3) transactions that are executed, in whole or in part, on a national securities exchange and comply with the marketplace rules of that exchange. These three categories of permitted transactions are discussed below.</P>
        <P>First, with respect to transactions that are unrelated to the customer block order, Supplementary Material .04(a) would allow members to engage in such transactions provided that the member can demonstrate that the transactions are unrelated to the material, non-public market information received in connection with the customer order. The Supplementary Material would include a list of potentially permitted transactions as examples of transactions that, depending upon the circumstances, may be unrelated to the customer block order. These types of transactions could include transactions where the member has effective information barriers established to prevent internal disclosure of customer order information,<SU>14</SU>
          <FTREF/>transactions in the security that is the subject of the customer block order that are related to a prior customer order in that security, transactions to correct bona fide errors, and transactions to offset odd-lot orders.</P>
        <FTNT>
          <P>

            <SU>14</SU>According to FINRA, in addition to more traditional information barriers, such as those in place to prevent communication between trading units, this provision could also include the use of automated systems (<E T="03">e.g.,</E>trades through a “black box”) where the orders placed into the automated system are handled without the knowledge of a person associated with the member who may be trading in the same security. However, a person associated with a member who places an order into a “black box” or other automated system, or otherwise has knowledge of the order or the ability to access information in the system, may not then trade in the same security or a related financial instrument solely because the order ultimately was being handled by the automated system rather than by the person. Traders who have no knowledge of the order, due to the presence of an information barrier or otherwise, could continue to trade in the security or a related financial instrument.<E T="03">See</E>Notice,<E T="03">supra</E>note 3.</P>
        </FTNT>
        <P>Second, with respect to transactions undertaken to fulfill or facilitate the execution of the customer block order, proposed Supplementary Material .04(b) would specify that Front Running Policy does not preclude transactions undertaken for the purpose of fulfilling, or facilitating the execution of, a customer's block order.<SU>15</SU>
          <FTREF/>According to FINRA, firms are permitted to trade ahead of a customer's block order when the purpose of such trading is to fulfill the customer order and when the customer has authorized such trading, including that the firm has disclosed to the customer that it may trade ahead of, or alongside of, the customer's order. FINRA proposes, however, that when engaging in trading activity that could affect the market for the security that is the subject of the customer block order, the member must minimize any potential disadvantage or harm in the execution of the customer's order, must not place the member's financial interests ahead of those of its customer, and must obtain the customer's consent to such trading activity. The Supplementary Material would provide that a member may obtain consent through affirmative written consent or through means of a negative consent letter.<SU>16</SU>
          <FTREF/>In addition, a member may provide clear and comprehensive oral disclosure to, and obtain consent from, the customer on an order-by-order basis, provided the member documents who provided the consent and such consent evidences the customer's understanding of the terms and conditions for handling the customer's order.</P>
        <FTNT>
          <P>

            <SU>15</SU>According to FINRA, these transactions may include, for example, hedging or other positioning activity undertaken in connection with the handling of the customer order.<E T="03">See</E>Notice,<E T="03">supra</E>note 3.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>16</SU>The negative consent letter must clearly disclose to the customer the terms and conditions for handling the customer's orders, and if the customer does not object, then the member may reasonably conclude that the customer has consented and may rely on the letter.</P>
        </FTNT>
        <P>Finally, proposed Supplementary Material .04(c) would state that the prohibitions in the Front Running Policy shall not apply if the member's trading activity is undertaken in compliance with the marketplace rules of a national securities exchange and at least one leg of the trading activity is executed on that exchange.</P>
        <HD SOURCE="HD3">3. Other Proposed Changes</HD>
        <P>FINRA proposes to adopt proposed Supplementary Material .05 to state that the front running of any customer order, not just imminent block transactions, that places the financial interests of the member ahead of those of its customer or the misuse of knowledge of an imminent customer order may violate other FINRA rules, including FINRA Rules 2010 and 5320, or the federal securities laws.<SU>17</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>17</SU>Although “not held” orders are not subject to the restrictions in FINRA Rule 5320, front running a “not held” order that is not of block size may nonetheless violate FINRA Rule 2010.<E T="03">See</E>Securities Exchange Act Release No. 63895 (February 11, 2011), 76 FR 9386 (February 17, 2011). If the “not held” order is of block size, the proposed rule change would apply to trading activity ahead of the order.</P>
        </FTNT>

        <P>As initially proposed, FINRA would announce the implementation date of the proposed rule change in a<E T="03">Regulatory Notice</E>to be published no later than 90 days following Commission approval, with the implementation date occurring no later than 90 days following publication of that<E T="03">Regulatory Notice.</E>
          <SU>18</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>18</SU>
            <E T="03">See</E>FINRA Response,<E T="03">supra</E>note 5.</P>
        </FTNT>
        <HD SOURCE="HD1">III. Discussion of Comment Letters and FINRA Response</HD>
        <P>The Commission received one comment letter in support of the proposed rule change,<SU>19</SU>
          <FTREF/>and one comment letter requesting revisions and clarifications to the proposed rule change.<SU>20</SU>
          <FTREF/>As noted above, FINRA responded to the comments in its response dated August 29, 2012.</P>
        <FTNT>
          <P>
            <SU>19</SU>
            <E T="03">See</E>PIABA Letter,<E T="03">supra</E>note 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>20</SU>
            <E T="03">See</E>SIFMA Letter,<E T="03">supra</E>note 4.</P>
        </FTNT>
        <P>One commenter stated its belief that the extension of the Front Running Policy to cover any securities and financial instruments (not just option contracts and futures) was a logical approach and would better protect investors.<SU>21</SU>

          <FTREF/>The commenter expressed concern with the exceptions provided in the Supplementary Material, and stated that FINRA should closely monitor the<PRTPAGE P="55522"/>exceptions to ensure member firms are not using them as loopholes to engage in prohibited activities. In its response, FINRA stated that it intends to examine firms for compliance with, and fully enforce, the proposed rule.<SU>22</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>21</SU>
            <E T="03">See</E>PIABA Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>22</SU>
            <E T="03">See</E>FINRA Response.</P>
        </FTNT>
        <P>The other commenter raised three substantive issues with the proposal.<SU>23</SU>
          <FTREF/>First, the commenter stated that the proposed rule change contained a flaw in that the barriers to the resumption of trading in the applicable security or related financial instrument—that the information concerning the block transaction has been made publicly available or has otherwise become stale or obsolete—could interfere with a broker-dealers' risk management activity, which could create problems in providing liquidity to the market.<SU>24</SU>
          <FTREF/>The commenter requested clarity on what serves as the trigger for lifting trading restrictions and stated that trading restrictions should be lifted once the risk of a transaction has been transferred from the customer through the execution of the order.<SU>25</SU>
          <FTREF/>According to the commenter, in the context of a block transaction where a member executes as a principal, the member provides liquidity to the market and is assuming the risks of the transaction. While executing a block transaction in an agency capacity, a member cannot trade ahead of its customer because the execution of the transaction eliminates the opportunity to do so. In certain situations where a type of security is not subject to prompt last sale reporting requirements, the commenter stated that the “stale or obsolete” threshold proposed by FINRA could prevent a dealer from performing necessary risk management activities while providing no additional benefit to the customer. Accordingly, the commenter requested confirmation that the execution of a block transaction by the member as principal or agent will be deemed to render the non-public information stale and obsolete for the purposes of front-running the customer, and permit the broker-dealer to transact in the security or related financial instrument, even if the applicable customer-related transaction has not become public.</P>
        <FTNT>
          <P>
            <SU>23</SU>
            <E T="03">See</E>SIFMA Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>24</SU>
            <E T="03">See</E>SIFMA Letter.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>25</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <P>FINRA responded that the “stale or obsolete” standard was intended to supplement, not replace, the existing dissemination standard.<SU>26</SU>
          <FTREF/>FINRA noted that the trading restrictions in proposed FINRA Rule 5270 are linked to actual reporting and dissemination rather than by invoking the “stale or obsolete” standard when transactions are subject to prompt reporting requirements and the transaction reports are disseminated. Where there is no reporting and dissemination regime in place for the security or financial instrument, FINRA agreed with the commenter that, once the customer's order is executed and the risk of the transaction has transferred from the customer to the firm, there would be no trading restrictions imposed by proposed FINRA Rule 5270.<SU>27</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>26</SU>Under NASD IM-2110-3, information regarding a block transaction is considered publicly available “when it has been disseminated via the tape or high speed communications line of one of those systems, a similar system of a national securities exchange under Section 6 of the Act, an alternative trading system under Regulation ATS, or by a third-party news wire service.”</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>27</SU>
            <E T="03">See</E>FINRA Response at 3.</P>
        </FTNT>
        <P>Second, the commenter requested additional clarification on whether the negative consent letter described in proposed Supplementary Material .04 would satisfy and be consistent with the “duty to refrain and disclose” described in NASD Notice to Members 05-51 (“NTM 05-51”) and FINRA Rule 5320.<SU>28</SU>
          <FTREF/>Additionally, the commenter requested clarity on whether the duty to refrain and disclose described in NTM 05-51<SU>29</SU>
          <FTREF/>arises on the basis of the same analysis as the obligations under proposed FINRA Rule 5270.</P>
        <FTNT>
          <P>
            <SU>28</SU>FINRA Rule 5320 (Prohibition Against Trading Ahead of Customer Orders) generally prohibits a member that accepts and holds a customer order in an equity security without immediately executing the order from trading that security on the same side of the market for its own account at a price that would satisfy the customer order, unless it immediately thereafter executes the customer order up to the size and at the same or better price at which it traded for its own account.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>29</SU>NTM 05-51 addresses members' obligations involving large, potentially market-moving orders received from a customer, such as VWAPs, institutional orders, and basket transactions. It states that, when a member receives such an order, it must “(1) refrain from any conduct that could disadvantage or harm the execution of the customer's order or place the member's financial interests ahead of those of its customer's and (2) if applicable, disclose in writing to the customer that the member intends to engage in hedging and other positioning activity that could affect the market for the security that is the subject of the transaction.” It further states that the disclosure must be in the form of an affirmative consent letter, but the disclosure need not be on a transaction-by-transaction basis.</P>
        </FTNT>
        <P>In its response, FINRA agreed that, to the extent possible, proposed Supplementary Material .04 should be read consistently with NTM 05-51 and the obligations set out in FINRA Rule 5320.<SU>30</SU>
          <FTREF/>FINRA stated that the proposed Supplementary Material was intended to acknowledge FINRA's previous guidance and the disclosure and consent provision in proposed Supplementary Material .04 mirrors FINRA Rule 5320. Moreover, FINRA stated that the duties set out in NTM 05-51 arise from the same concerns that FINRA Rule 5270 is designed to address. FINRA affirmed that proposal encapsulates the obligations established in NTM 05-51 with the difference noted by SIFMA: the disclosure obligation in proposed Supplementary Material .04 can be in the form of negative consent or, provided certain criteria are met, oral consent, which is not permitted by the duty to refrain and disclose as set out in NTM 05-51. FINRA further noted that, in addition to complying with the disclosure obligation in proposed Supplementary Material .04, the member must minimize any potential disadvantage to the customer or harm in the execution of the customer's order, and the member must not place its financial interests ahead of those of its customer. FINRA stated that, provided a member meets all of the criteria in proposed Supplementary Material .04, that member would have fulfilled its duty to refrain and disclose as set out in the Notice to Members.</P>
        <FTNT>
          <P>
            <SU>30</SU>
            <E T="03">See</E>FINRA Response at 4.</P>
        </FTNT>

        <P>Finally, the commenter requested a 180-day implementation period following publication of the applicable<E T="03">Regulatory Notice</E>announcing the Commission's approval of the proposal, rather than a 90-day implementation period, because members will need to make additional technology and system modifications to comply with the rule.<SU>31</SU>

          <FTREF/>FINRA responded that it would extend the implementation date to within 180 days following publication of the<E T="03">Regulatory Notice</E>announcing the Commission's approval of the rule.<SU>32</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>31</SU>
            <E T="03">See</E>SIFMA Letter at 4.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>32</SU>
            <E T="03">See</E>FINRA Response at 5.</P>
        </FTNT>
        <HD SOURCE="HD1">IV. Discussion and Commission Findings</HD>
        <P>After careful review of the proposal, the comment letters, and the FINRA Response, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities association<SU>33</SU>
          <FTREF/>and, in particular, the requirements 15A(b)(6) of the Act.<SU>34</SU>

          <FTREF/>Specifically, the Commission finds that the proposed rule change is 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 a national market system, and, in<PRTPAGE P="55523"/>general, to protect investors and the public interest.</P>
        <FTNT>
          <P>

            <SU>33</SU>In approving this proposed rule change, 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>
        <FTNT>
          <P>
            <SU>34</SU>15 U.S.C. 78<E T="03">o</E>-3(b)(6).</P>
        </FTNT>
        <P>The proposed rule change is intended to clarify the types of front running trading activity that FINRA believes are inconsistent with just and equitable principles of trade while also ensuring that members may continue to engage in transactions that do not present the risk of abusive trading practices that the rule is intended to prevent. The Commission finds that expanding the rule beyond options and security futures could enhance the protection of investors by further prohibiting the potential misuse of information from customer orders. Expanding the front running prohibition is reasonably designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, and better protect investors and the public interest, while protecting imminent block transactions.</P>
        <P>Moreover, the proposed rule change also would include three exceptions to the Front Running Policy: (1) Transactions that the member can demonstrate are unrelated to the customer block order; (2) transactions that are undertaken to fulfill or facilitate the execution of the customer block order; and (3) transactions that are executed, in whole or in part, on a national securities exchange and comply with the marketplace rules of that exchange. The Commission finds that these exceptions should not unnecessarily restrict legitimate trading activities of members and are consistent with just and equitable principles of trade and the protection of investors and the public interest, and should not result in fraudulent and manipulative acts and practices. Specifically, transactions that the member can demonstrate are unrelated to the customer block order do not present the potential for abusive trading practices that can disadvantage a customer's order in violation of the rule, since such transactions would not be using the information from the customer's order. Moreover, transactions that are undertaken to fulfill or facilitate the execution of the customer block order similarly do not present the potential for abuse, as such transactions would be seeking to ensure the execution of a customer block order. Finally, permitting transactions that are executed, in whole or in part, on a national securities exchange and comply with the marketplace rules of that exchange would remove impediments to and perfect the mechanism of a free and open market and a national market system,<SU>35</SU>
          <FTREF/>as it would help ensure that members would not unknowingly violate FINRA rules when such members rely on the rules of a particular national securities exchange.</P>
        <FTNT>
          <P>
            <SU>35</SU>15 U.S.C. 78<E T="03">o</E>-3(b)(6).</P>
        </FTNT>
        <P>For the foregoing reasons, the Commission believes that the proposed rule change, as modified by Amendment No. 1, is consistent with the requirements of the Act.</P>
        <HD SOURCE="HD1">V. Conclusion</HD>
        <P>It is therefore ordered, pursuant to Section 19(b)(2) of the Act,<SU>36</SU>
          <FTREF/>that the proposed rule change (SR-FINRA-2012-025), as modified by Amendment No. 1, be, and hereby is, approved.</P>
        <FTNT>
          <P>
            <SU>36</SU>15 U.S.C. 78s(b)(2).</P>
        </FTNT>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>37</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>37</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. 2012-22139 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13252 and #13253]</DEPDOC>
        <SUBJECT>New Mexico Disaster #NM-00029</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>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Mexico (FEMA-4079-DR), dated 08/24/2012.</P>
          <P>
            <E T="03">Incident:</E>Flooding.</P>
          <P>
            <E T="03">Incident Period:</E>06/22/2012 through 07/12/2012.</P>
          <P>
            <E T="03">Effective Date:</E>08/24/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>10/23/2012.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>05/24/2013.</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 08/24/2012, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications 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">
          <E T="03">Primary Counties:</E>Lincoln, Sandoval, and the Santa Clara Pueblo.</FP>
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s30,8" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">
              <E T="03">For Physical Damage:</E>
            </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">
              <E T="03">For Economic Injury:</E>
            </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 132526 and for economic injury is 132536.</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. 2012-22199 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8017]</DEPDOC>
        <SUBJECT>60-Day Notice of Proposed Information Collection: Application for Employment as a Locally Employed Staff or Family Member</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of request for public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Department will accept comments from the public up to November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments by any of the following methods:</P>
          <P>•<E T="03">Web:</E>Persons with access to the Internet may use the Federal Docket Management System (FDMS) to comment on this notice by going to<E T="03">www.Regulations.gov.</E>You can search for the document by entering “Public<PRTPAGE P="55524"/>Notice 8017” in the Search bar. If necessary, use the Narrow by Agency filter option on the Results page.</P>
          <P>•<E T="03">Email:</E>
            <E T="03">ColeCM@state.gov</E>.</P>
          <P>•<E T="03">Mail:</E>U.S. Department of State—SA-44, HR/OE, Suite 368, Attention: Caroline Cole, 301 4th Street SW., Washington, DC 20547.</P>
          <P>You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Caroline Cole, Bureau of Human Resources, Office of Overseas Employment, U.S. Department of State, Washington, DC 20547, who may be reached on 202-203-7390 or at<E T="03">ColeCM@state.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">•<E T="03">Title of Information Collection:</E>Application for Employment as a Locally Employed Staff or Family Member.</P>
        <P>•<E T="03">OMB Control Number:</E>1405-0189.</P>
        <P>•<E T="03">Type of Request:</E>Revision of a Currently Approved Collection.</P>
        <P>•<E T="03">Originating Office:</E>Bureau of Human Resources, Office of Overseas Employment (HR/OE).</P>
        <P>•<E T="03">Form Number:</E>DS-0174.</P>
        <P>•<E T="03">Respondents:</E>Candidates seeking employment at U.S. Missions abroad, including family members of Foreign Service, Civil Service, and uniformed service members officially assigned to the Mission and under Chief of Mission authority.</P>
        <P>•<E T="03">Estimated Number of Respondents:</E>40,000.</P>
        <P>•<E T="03">Estimated Number of Responses:</E>40,000.</P>
        <P>•<E T="03">Average Time per Response:</E>1 hour.</P>
        <P>•<E T="03">Total Estimated Burden Time:</E>40,000 hours.</P>
        <P>•<E T="03">Frequency:</E>On Occasion.</P>
        <P>•<E T="03">Obligation to Respond:</E>Required to Obtain a Benefit.</P>
        <P>We are soliciting public comments to permit the Department to:</P>
        <P>• Evaluate whether the proposed information collection is necessary for the proper functions of the Department.</P>
        <P>• Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used.</P>
        <P>• Enhance the quality, utility, and clarity of the information to be collected.</P>
        <P>• Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.</P>
        <P>Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.</P>
        <HD SOURCE="HD1">Abstract of Proposed Collection</HD>
        <P>The DS-0174, Application for Employment as a Locally Employed Staff or Family Member, is needed to meet information collection requirements for recruitments conducted at approximately 170 U.S. embassies and consulates throughout the world. Current employment application forms do not meet the unique requirements of Mission recruitment (e.g., language skills and hiring preferences) under the FS Act of 1980 and 22 U.S.C. 2669(c). The DS-0174 is needed to improve data gathering and to clarify interpretation of candidate responses.</P>
        <HD SOURCE="HD1">Methodology</HD>
        <P>Candidates for employment use the DS-0174 to apply for Mission-advertised positions throughout the world. Mission recruitments generate approximately 40,000 applications per year. Data that HR and hiring officials extract from the DS-0174 determines eligibility for employment, qualifications for the position, and selections according to Federal policies.</P>
        <SIG>
          <DATED>Dated: August 31, 2012.</DATED>
          <NAME>William E. Schaal, Jr.,</NAME>
          <TITLE>Director, HR/EX, Department of State.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22203 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-15-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <DATE>September 5, 2012.</DATE>
        <P>The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments should be received on or before October 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden to the (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at<E T="03">OIRA_Submission@OMB.EOP.GOV</E>and the (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at<E T="03">PRA@treasury.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Copies of the submission(s) may be obtained by calling (202) 927-5331, email at<E T="03">PRA@treasury.gov,</E>or the entire information collection request may be found at<E T="03">www.reginfo.gov.</E>
          </P>
          <HD SOURCE="HD1">Community Development Financial Institutions (CDFI) Fund</HD>
          <P>
            <E T="03">OMB Number:</E>1559-NEW.</P>
          <P>
            <E T="03">Type of Review:</E>New collection.</P>
          <P>
            <E T="03">Title:</E>Capital Magnet Fund Reporting.</P>
          <P>
            <E T="03">Abstract:</E>The purpose of the Capital Magnet Fund (CMF) program is to competitively award grants to certified Community Development Financial Institutions (CDFIs) and qualified nonprofit housing organizations to attract and leverage other finance resources towards the support of affordable housing and related community development projects. The CMF was authorized in July of 2008 under Section 1339 of the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289), and $80 million was appropriated for this initiative under the Consolidated Appropriations Act of 2010 (Pub. L. 111-117). Twenty-three Awardees were competitively selected after a careful review of their program applications. These Awardees entered into Assistance Agreements with the CDFI Fund that set forth certain required terms and conditions of the award, including reporting and data collection requirements. The Assistance Agreement requires the collection of annual reports that are used to collect information for compliance monitoring and program evaluation purposes. This information is reviewed to ensure the Awardee's compliance with its performance goals and contractual obligations and the overall performance of the program.</P>
          <P>
            <E T="03">Affected Public:</E>Private Sector: Businesses or other for-profits; Not-for-profit institutions.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>920.</P>
          <SIG>
            <NAME>Robert Dahl,</NAME>
            <TITLE>Treasury PRA Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-22170 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-70-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="55525"/>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, October 9, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Timothy Shepard at 1-888-912-1227 or 206-220-6095.</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. (1988) that a meeting of the Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee will be held Tuesday, October 9, 2012, at 9 a.m. Pacific Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Timothy Shepard. For more information please contact Mr. Shepard at 1-888-912-1227 or 206-220-6095, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174, or contact us at the Web site:<E T="03">http://www.improveirs.org</E>.</P>
        <P>The agenda will include various IRS Issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22130 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Wednesday, October 17, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee will be held Wednesday, October 17, 2012, at 2:30 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Ms. Jenkins. For more information please contact Ms. Jenkins at 1-888-912-1227 or 718-488-2085, or write TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or post comments to the Web site:<E T="03">http://www.improveirs.org.</E>
        </P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22169 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, October 9, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Donna Powers at 1-888-912-1227 or 954-423-7977.</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. (1988) that a meeting of the Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee will be held Tuesday, October 9, 2012, at 2:00 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Donna Powers. For more information please contact Ms. Powers at 1-888-912-1227 or 954-423-7977, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or contact us at the Web site:<E T="03">http://www.improveirs.org.</E>
        </P>
        <P>The agenda will include various IRS Issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22166 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Return Processing Delays Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Return Processing Delays Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, October 2, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Janice Spinks at 1-888-912-1227 or 206-220-6098.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Return Processing Delays Project Committee will be held Tuesday, October 2, 2012, at 9:30 a.m. Pacific Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notifications of intent to participate must be made with Ms. Janice Spinks. For more information please contact Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write<PRTPAGE P="55526"/>TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site:<E T="03">http://www.improveirs.org.</E>
        </P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22165 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Toll-Free Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Toll-Free Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, October 2, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Marianne Dominguez at 1-888-912-1227 or 954-423-7978.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Toll-Free Project Committee will be held Tuesday, October 2, 2012, at 11 a.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Marianne Dominguez. For more information please contact Ms. Dominguez at 1-888-912-1227 or 954-423-7978, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or contact us at the Web site:<E T="03">http://www.improveirs.org</E>.</P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22163 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Joint Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Wednesday, October 24, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Susan Gilbert at 1-888-912-1227 or (515) 564-6638.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Wednesday, October 24, 2012, 2:00 p.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. Notification of intent to participate must be made with Susan Gilbert. For more information please contact Ms. Gilbert at 1-888-912-1227 or (515) 564-6638 or write: TAP Office, 210 Walnut Street, Stop 5115, Des Moines, IA 50309 or contact us at the Web site:<E T="03">http://www.improveirs.org</E>.</P>
        <P>The agenda will include various IRS topics.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22161 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Refund Processing Communications Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Refund Processing Communications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Thursday, October 4, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ellen Smiley at 1-888-912-1227 or 414-231-2360.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Refund Processing Communications Project Committee will be held Thursday, October 4, 2012 at 2 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Ms. Ellen Smiley. For more information please contact Ms. Smiley at 1-888-912-1227 or 414-231-2360, or write TAP Office Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or post comments to the Web site:<E T="03">http://www.improveirs.org</E>.</P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22160 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Wednesday, October 10, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Marisa Knispel at 1-888-912-1227 or 718-488-3557.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Project Committee will be held Wednesday, October 10, 2012, at 2<PRTPAGE P="55527"/>p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Ms. Knispel. For more information please contact Ms. Knispel at 1-888-912-1227 or 718-488-3557, or write TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or post comments to the Web site:<E T="03">http://www.improveirs.org.</E>
        </P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22131 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Open Meeting of the Taxpayer Advocacy Panel Small Business/Self-Employed Decreasing Non-Filers Project Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>An open meeting of the Taxpayer Advocacy Panel Small Business/Self-Employed Decreasing Non-Filers Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, October 16, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Patricia Robb at 1-888-912-1227 or 414-231-2360.</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. (1988) that an open meeting of the Taxpayer Advocacy Panel Small Business/Self-Employed Decreasing Non-Filers Project Committee will be held Tuesday, October 16, 2012, at 1 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Ms. Patricia Robb. For more information please contact Ms. Robb at 1-888-912-1227 or 414-231-2360, or write TAP Office, Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or post comments to the Web site:<E T="03">http://www.improveirs.org.</E>
        </P>
        <P>The agenda will include various IRS issues.</P>
        <SIG>
          <DATED>Dated: September 4, 2012.</DATED>
          <NAME>Louis Morizio,</NAME>
          <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-22132 Filed 9-7-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>77</VOL>
  <NO>175</NO>
  <DATE>Monday, September 10, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="55529"/>
      <PARTNO>Part II</PARTNO>
      <AGENCY TYPE="P">Department of the Interior</AGENCY>
      <SUBAGY>Fish and Wildlife Service</SUBAGY>
      <HRULE/>
      <CFR>50 CFR Part 17</CFR>
      <TITLE>Endangered and Threatened Wildlife and Plants; Removal of the Gray Wolf in Wyoming From the Federal List of Endangered and Threatened Wildlife and Removal of the Wyoming Wolf Population's Status as an Experimental Population; Final Rule</TITLE>
    </PTITLE>
    <RULES>
      <RULE>
        <PREAMB>
          <PRTPAGE P="55530"/>
          <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
          <SUBAGY>Fish and Wildlife Service</SUBAGY>
          <CFR>50 CFR Part 17</CFR>
          <DEPDOC>[Docket No. FWS-R6-ES-2011-0039; FXES11130900000C6-123-FF09E30000]</DEPDOC>
          <RIN>RIN 1018-AX94</RIN>
          <SUBJECT>Endangered and Threatened Wildlife and Plants; Removal of the Gray Wolf in Wyoming From the Federal List of Endangered and Threatened Wildlife and Removal of the Wyoming Wolf Population's Status as an Experimental Population</SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>U.S. Fish and Wildlife Service, Interior.</P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Final rule.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>

            <P>The best scientific and commercial data available indicate that gray wolves (<E T="03">Canis lupus</E>) in Wyoming are recovered and are no longer in need of protection as part of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Therefore, we, the U.S. Fish and Wildlife Service (Service), remove the gray wolf in Wyoming from the Federal List of Endangered and Threatened Wildlife. Wyoming's gray wolf population is stable, threats are sufficiently minimized, and a post-delisting monitoring and management framework has been developed. Therefore, this final rule returns management for this species to the appropriate State, Tribal, or Federal agencies; management in National Parks and National Wildlife Refuges will continue to be guided by existing authorizing and management legislation and regulations. Finally, this action makes obsolete and removes the Yellowstone Experimental Population Area established in 1994 to facilitate reintroductions.</P>
          </SUM>
          <EFFDATE>
            <HD SOURCE="HED">DATES:</HD>
            <P>This rule becomes effective on September 30, 2012.</P>
          </EFFDATE>
          <ADD>
            <HD SOURCE="HED">ADDRESSES:</HD>

            <P>This final rule, comments received, and additional supporting information are available on the Internet at<E T="03">http://www.regulations.gov,</E>Docket No. FWS-R6-ES-2011-0039. Additional background information is also available online at<E T="03">http://www.fws.gov/mountain-prairie/species/mammals/wolf/.</E>Comments and materials we received, as well as supporting documentation we used in preparing this rule are available for public inspection, by appointment, during normal business hours at the U.S. Fish and Wildlife Service, Mountain-Prairie Region Office, Ecological Services Division, 134 Union Blvd., Lakewood, CO 80228; telephone 303-236-7400. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.</P>
          </ADD>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Mountain-Prairie Region Office, Ecological Services Division; telephone 303-236-7400. Direct all questions or requests for additional information to: GRAY WOLF QUESTIONS, U.S. Fish and Wildlife Service, Mountain-Prairie Region Office, Ecological Services Division, 134 Union Blvd., Lakewood, CO 80228. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 800-877-8337 for TTY assistance.</P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <HD SOURCE="HD1">Table of Contents</HD>
          <EXTRACT>
            <FP SOURCE="FP-2">Executive Summary</FP>
            <FP SOURCE="FP-2">Background</FP>
            <FP SOURCE="FP1-2">—Delisting Wolves in Wyoming</FP>
            <FP SOURCE="FP1-2">—Previous Federal Actions</FP>
            <FP SOURCE="FP1-2">—Reengaging Wyoming and Changes to Its Wolf Management Plan</FP>
            <FP SOURCE="FP1-2">—Species Description and Basic Biology</FP>
            <FP SOURCE="FP1-2">—Recovery Planning and Implementation</FP>
            <FP SOURCE="FP1-2">○ Recovery Planning and the Development of Recovery Criteria</FP>
            <FP SOURCE="FP1-2">○ Monitoring and Managing Recovery</FP>
            <FP SOURCE="FP1-2">○ Recovery by State</FP>
            <FP SOURCE="FP1-2">○ Recovery by Recovery Area</FP>
            <FP SOURCE="FP1-2">○ Genetic Exchange Relative to our Recovery Criteria</FP>
            <FP SOURCE="FP1-2">○ Conclusion on Progress Towards our Recovery Goals</FP>
            
            <FP SOURCE="FP-2">Summary of Comments and Recommendations</FP>
            <FP SOURCE="FP1-2">—Technical and Editorial Comments</FP>
            <FP SOURCE="FP1-2">—The Delisting Process and Compliance with Applicable Laws, Regulations, and Policy</FP>
            <FP SOURCE="FP1-2">—Northern Rocky Mountain (NRM) Gray Wolf Recovery Goals</FP>
            <FP SOURCE="FP1-2">—The Geographic Scope of Recovery and the Impact of This Decision on Range</FP>
            <FP SOURCE="FP1-2">—General Comments on Whether To Delist</FP>
            <FP SOURCE="FP1-2">—Human-Caused Mortality</FP>
            <FP SOURCE="FP1-2">—Gene Flow and Genetic Diversity</FP>
            <FP SOURCE="FP1-2">—Adequacy of Regulatory Mechanisms</FP>
            <FP SOURCE="FP1-2">—Public Attitudes Toward Wolves</FP>
            <FP SOURCE="FP1-2">—Other Potential Threat Factors</FP>
            <FP SOURCE="FP1-2">—Cumulative Impacts of Threats</FP>
            <FP SOURCE="FP1-2">—Post-Delisting Monitoring</FP>
            <FP SOURCE="FP1-2">—Positives and Negatives of Wolf Restoration</FP>
            <FP SOURCE="FP1-2">—Native American Tribal Considerations</FP>
            
            <FP SOURCE="FP-2">Summary of Factors Affecting the Species</FP>
            <FP SOURCE="FP1-2">—Factor A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range.</FP>
            <FP SOURCE="FP1-2">○ Suitable Habitat</FP>
            <FP SOURCE="FP1-2">○ Unoccupied Suitable Habitat</FP>
            <FP SOURCE="FP1-2">○ Currently Occupied Habitat</FP>
            <FP SOURCE="FP1-2">○ Potential Threats Affecting Habitat or Range</FP>
            <FP SOURCE="FP1-2">—Factor B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes.</FP>
            <FP SOURCE="FP1-2">○ Commercial or Recreational Uses</FP>
            <FP SOURCE="FP1-2">○ Overutilization for Scientific or Educational Purposes</FP>
            <FP SOURCE="FP1-2">—Factor C. Disease or Predation.</FP>
            <FP SOURCE="FP1-2">○ Disease</FP>
            <FP SOURCE="FP1-2">○ Natural Predation</FP>
            <FP SOURCE="FP1-2">○ Human-caused Mortality</FP>
            <FP SOURCE="FP1-2">—Factor D. The Inadequacy of Existing Regulatory Mechanisms.</FP>
            <FP SOURCE="FP1-2">○ National Park Service</FP>
            <FP SOURCE="FP1-2">○ National Wildlife Refuges</FP>
            <FP SOURCE="FP1-2">○ Tribal Lands</FP>
            <FP SOURCE="FP1-2">○ Forest Service</FP>
            <FP SOURCE="FP1-2">○ State Regulatory Mechanisms</FP>
            <FP SOURCE="FP1-2">○ Environmental Protection Agency</FP>
            <FP SOURCE="FP1-2">—Factor E. Other Natural or Manmade Factors Affecting Its Continued Existence.</FP>
            <FP SOURCE="FP1-2">○ Public Attitudes Toward the Gray Wolf</FP>
            <FP SOURCE="FP1-2">○ Genetic Considerations</FP>
            <FP SOURCE="FP1-2">○ Poison</FP>
            <FP SOURCE="FP1-2">○ Climate Change</FP>
            <FP SOURCE="FP1-2">○ Catastrophic Events</FP>
            <FP SOURCE="FP1-2">○ Impacts to Wolf Pack Social Structure as a Result of Human-caused Mortality</FP>
            
            <FP SOURCE="FP-2">Conclusion (Including Cumulative Impacts)</FP>
            <FP SOURCE="FP-2">Significant Portion of the Range Analysis</FP>
            <FP SOURCE="FP-2">Post-Delisting Monitoring</FP>
            <FP SOURCE="FP-2">Effects of the Rule</FP>
            <FP SOURCE="FP-2">Required Determinations</FP>
            <FP SOURCE="FP1-2">—Paperwork Reduction Act</FP>
            <FP SOURCE="FP1-2">—National Environmental Policy Act</FP>
            <FP SOURCE="FP1-2">—Executive Order 13211</FP>
            <FP SOURCE="FP1-2">—Government-to-Government Relationship With Tribes</FP>
            <FP SOURCE="FP-2">References Cited</FP>
            <FP SOURCE="FP-2">Authority</FP>
            <FP SOURCE="FP-2">List of Subjects in 50 CFR Part 17</FP>
            <FP SOURCE="FP-2">Regulation Promulgation</FP>
          </EXTRACT>
          <HD SOURCE="HD1">Executive Summary</HD>
          <HD SOURCE="HD2">(1) Purpose of the Regulatory Action</HD>
          <P>This rulemaking is necessary to remove gray wolves (<E T="03">Canis lupus</E>) in Wyoming from the Federal List of Endangered and Threatened Wildlife. Delisting is appropriate because gray wolves in Wyoming are recovered and are no longer in need of protection as part of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Wyoming's gray wolf population is stable, threats are sufficiently minimized, and a post-delisting monitoring and management framework has been developed. This action also makes obsolete and removes the Yellowstone Experimental Population Area established in 1994 to facilitate reintroductions.</P>
          <HD SOURCE="HD2">(2) Major Provision of the Regulatory Action</HD>

          <P>This action is authorized by the Act. We are amending § 17.11(h), subchapter B of chapter I, title 50 of the Code of Federal Regulations by removing the entry for “Wolf, gray [Northern Rocky Mountain DPS]” under MAMMALS in the List of Endangered and Threatened Wildlife. We are also amending § 17.84, subchapter B of chapter I, title 50 of the Code of Federal Regulations by removing and reserving both paragraphs<PRTPAGE P="55531"/>pertaining to experimental populations of “Gray wolf (<E T="03">Canis lupus</E>)”: (i) and (n). In short, this action removes the gray wolf in Wyoming from the Federal List of Endangered and Threatened Wildlife and makes obsolete and removes the Yellowstone Experimental Population Area established in 1994 to facilitate reintroductions.</P>
          <HD SOURCE="HD2">(3) Costs and Benefits</HD>
          <P>We have not analyzed the costs or benefits of this rulemaking action because the Act precludes consideration of such impacts on listing and delisting determinations. Instead, listing and delisting decisions are based solely on the best scientific and commercial information available regarding the status of the subject species.</P>
          <HD SOURCE="HD1">Background</HD>
          <HD SOURCE="HD2">Delisting Wolves in Wyoming</HD>
          <P>This rulemaking is separate and independent from, but additive to, the previous action delisting wolves in the Northern Rocky Mountain (NRM) Distinct Population Segment (DPS) (74 FR 15123, April 2, 2009; 76 FR 25590, May 5, 2011). We conclude that this approach is appropriate given the Congressional directive to reissue our 2009 delisting, which created a remnant piece of the NRM DPS. This approach is also consistent with our 2009 delisting determination, which stated that “if Wyoming were to develop a Service-approved regulatory framework it would be delisted in a separate rule” (74 FR 15123, April 2, 2009, p. 15155). This rule is separate from prior actions to remove the other portions of the NRM DPS from the List of Endangered and Threatened Wildlife. Outside Wyoming, this rule will not affect the status of the gray wolf in the portions of the NRM DPS under State laws or suspend any other legal protections provided by State law.</P>
          <HD SOURCE="HD2">Previous Federal Actions</HD>
          <P>In 1967, we determined the eastern timber wolf (<E T="03">C. l. lycaon</E>) in the Great Lakes region was threatened with extinction (32 FR 4001, March 11, 1967). In 1973, we added the NRM gray wolf (<E T="03">C. l. irremotus</E>) to the U.S. List of Endangered Fish and Wildlife (38 FR 14678, June 4, 1973). Both of these listings were issued pursuant to the Endangered Species Conservation Act of 1969. In 1974, these subspecies were listed as endangered under the Act of 1973 (39 FR 1158, January 4, 1974). We listed a third gray wolf subspecies, the Mexican wolf (<E T="03">C. l. baileyi</E>) as endangered on April 28, 1976, (41 FR 17736) in Mexico and the United States Southwest. Later in 1976, we listed the Texas gray wolf subspecies (<E T="03">C. l. monstrabilis</E>) as endangered in Texas and Mexico (41 FR 24062, June 14, 1976).</P>

          <P>Due to questions about the validity of subspecies classification at the time and issues associated with the narrow geographic scope of each subspecies, we published a rule reclassifying the gray wolf as endangered at the species level (<E T="03">C. lupus</E>) throughout the coterminous 48 States and Mexico (43 FR 9607, March 9, 1978). The exception was Minnesota, where the gray wolf was reclassified to threatened. This rule also provided assurance that this reclassification would not alter our intention to focus recovery on each population as separate entities. Accordingly, recovery plans were developed for: The Great Lakes in 1978 (revised in 1992) (Service 1978, entire; Service 1992, entire); the NRM region in 1980 (revised in 1987) (Service 1980, entire; Service 1987, entire); and the Southwest in 1982 (Service 1982, entire). A revision to the Southwest recovery plan is now under way.</P>
          <P>In 1994, we established nonessential experimental gray wolf populations under section 10(j) of the Act (50 CFR 17.84(i)), in portions of Idaho, Montana, and all of Wyoming, including the Yellowstone Experimental Population Area (59 FR 60252, November 22, 1994) and the Central Idaho Experimental Population Area (59 FR 60266, November 22, 1994). These designations assisted us in initiating gray wolf reintroductions in central Idaho and in Yellowstone National Park (YNP). The Yellowstone Experimental Population Area included the entire State of Wyoming. In 2005 and 2008, we revised these regulations to provide increased management flexibility for this recovered wolf population in States and on Tribal lands with Service-approved post-delisting wolf management plans (70 FR 1286, January 6, 2005; 73 FR 4720, January 28, 2008; 50 CFR 17.84(n)).</P>

          <P>The NRM gray wolf population achieved its numerical and distributional recovery goals at the end of 2000 (Service<E T="03">et al.</E>2012, Table 4). The temporal portion of the recovery goal was achieved in 2002 when the numerical and distributional recovery goals were exceeded for the third successive year (Service<E T="03">et al.</E>2012, Table 4). In light of this success, we once reclassified and twice delisted all or part of this population (68 FR 15804, April 1, 2003; 73 FR 10514, February 27, 2008; 74 FR 15123, April 2, 2009). These reclassification and delisting rules were overturned by U.S. District Courts (<E T="03">Defenders of Wildlife, et al.</E>v.<E T="03">Norton, et al.,</E>354 F.Supp.2d 1156 (D. Or. 2005);<E T="03">National Wildlife Federation, et al.</E>v.<E T="03">Norton, et al.,</E>386 F.Supp.2d 553 (D. Vt. 2005);<E T="03">Defenders of Wildlife, et al.</E>v.<E T="03">Hall, et al.,</E>565 F.Supp.2d 1160 (D. Mont. 2008);<E T="03">Defenders of Wildlife, et al.</E>v.<E T="03">Salazar, et al.,</E>729 F.Supp.2d 1207 (D. Mont. 2010). Each of these rulemakings and the subsequent litigation are discussed below.</P>

          <P>In 2003, we reclassified the coterminous 48-State listing into three DPSs including a threatened Western DPS, a threatened Eastern DPS, and an endangered Southwestern DPS (68 FR 15804, April 1, 2003). The Western DPS, centered around the recovered NRM gray wolf population, included California, northern Colorado, Idaho, Montana, Oregon, northern Utah, Washington, and Wyoming. This rule also removed the protections of the Act for gray wolves in all or parts of 16 southern and eastern States where the species historically did not occur. Finally, this rule established a special 4(d) rule to respond to wolf-human conflicts in areas not covered by existing nonessential experimental population rules. In 2005, the U.S. District Courts in Oregon and Vermont concluded that the 2003 final rule was “arbitrary and capricious” and violated the Act (<E T="03">Defenders of Wildlife, et al.</E>v.<E T="03">Norton, et al.,</E>354 F.Supp.2d 1156 (D. Or. 2005);<E T="03">National Wildlife Federation, et al.</E>v.<E T="03">Norton, et al.,</E>386 F.Supp.2d 553 (D. Vt. 2005)). Both courts ruled the Service improperly downlisted entire DPSs based just on the viability of a core population. The courts' rulings invalidated the April 2003 changes to the gray wolf listing under the Act.</P>
          <P>In 2003, we also published an advanced notice of proposed rulemaking announcing our intention to delist the Western DPS as the recovery goals had been satisfied (68 FR 15876, April 1, 2003). This notice explained that delisting would require consideration of threats, and that the adequacy of State wolf management plans to address threats in the absence of protections of the Act would be a major determinant in any future delisting evaluation.</P>

          <P>In 2004, we determined that Montana's and Idaho's laws and wolf management plans were adequate to assure that their shares of the NRM wolf population would be maintained above recovery levels (Williams 2004a; Williams 2004b). However, we also found the 2003 Wyoming legislation and plan were not adequate to maintain Wyoming's share of a recovered NRM gray wolf population (Williams 2004c). Wyoming challenged this<PRTPAGE P="55532"/>determination, and the United States District Court in Wyoming dismissed the case (<E T="03">State of Wyoming, et al.,</E>v.<E T="03">United States Department of Interior, et al.,</E>360 F.Supp.2d 1214, (D. Wyoming 2005)). Wyoming's subsequent appeal was unsuccessful (<E T="03">State of Wyoming, et al.</E>v.<E T="03">United States Department of Interior, et al.,</E>442 F.Supp.3d 1262 (10th Cir. 2006)). This challenge was resolved on procedural grounds because Wyoming failed to identify a final agency action necessary for judicial review. In 2005, Wyoming petitioned us to revise the listing status for the gray wolf by recognizing a NRM DPS and to remove it from the Federal List of Endangered and Threatened Species (Freudenthal 2005, entire). In 2006, we announced a 12-month finding that Wyoming's petition (delisting wolves in all of Montana, Idaho, and Wyoming) was not warranted because the 2003 Wyoming State laws and its 2003 wolf management plan did not provide adequate regulatory mechanisms to maintain Wyoming's share of a recovered NRM wolf population (71 FR 43410, August 1, 2006). Wyoming challenged this finding in Wyoming Federal District Court. This challenge was rendered moot by Wyoming's revisions to its laws and management plan in 2007, which allowed delisting to move forward. On February 27, 2008, a Wyoming Federal District Court issued an order dismissing the case (<E T="03">State of Wyoming, et al.,</E>v.<E T="03">United States Department of Interior, et al.,</E>U.S. District Court Case No. 2:06-CV-00245).</P>
          <P>In 2008, we issued a final rule recognizing the NRM DPS and removing it from the List of Endangered and Threatened Wildlife (73 FR 10514, February 27, 2008). This DPS included Idaho, Montana, eastern Oregon, north-central Utah, eastern Washington, and Wyoming. This DPS was smaller than the 2003 Western DPS and more closely approximates the historical range of the originally listed NRM gray wolf in the region and the areas focused on in both NRM recovery plans (39 FR 1175 January 4, 1974; Service 1980, pp. 3, 7-8; Service 1987, pp. 2, 23). The Service removed protections across the entire DPS after Wyoming revised its wolf management plan and State law. At the time, we concluded this Wyoming framework provided adequate regulatory protections to conserve Wyoming's portion of a recovered wolf population into the foreseeable future (Hall 2007).</P>

          <P>Environmental litigants challenged this final rule in the U.S. District Court for the District of Montana. The plaintiffs also moved to preliminarily enjoin the delisting. On July 18, 2008, the court granted the plaintiffs' motion for a preliminary injunction and enjoined the Service's implementation of the final delisting rule (<E T="03">Defenders of Wildlife, et al.,</E>v.<E T="03">Hall, et al.,</E>565 F.Supp.2d 1160 (D. Mont. 2008)). The court stated that we acted arbitrarily in delisting a wolf population that lacked evidence of natural genetic exchange between subpopulations. The court also stated that we acted arbitrarily and capriciously when we approved Wyoming's 2007 wolf management plan because the State failed to commit to managing for at least 15 breeding pairs. In addition, the court concluded we acted arbitrarily in approving Wyoming's 2007 post-delisting management framework that contained a Wyoming statute allowing the Wyoming Game and Fish Commission (WGFC) to diminish Wyoming's Wolf Trophy Game Management Area (Trophy Area) if it “determines the diminution does not impede the delisting of gray wolves and will facilitate Wyoming's management of wolves.” In light of the court order, on September 22, 2008, we asked the court to vacate the final rule and remand it to us. On October 14, 2008, the court granted our request<E T="03">(Defenders of Wildlife</E>v.<E T="03">Hall,</E>9:08-CV-00056-DWM (D. Mont 2008)). The court's order invalidated the February 2008 rule designating and delisting the NRM DPS.</P>
          <P>Following the July 18, 2008, court ruling, we reexamined the NRM DPS and Wyoming's statutes, regulations, and management plan. This reevaluation considered several issues not considered in the previous evaluation. We determined that the best scientific and commercial data available demonstrated that: (1) The NRM DPS was not threatened or endangered throughout “all” of its range (i.e., not threatened or endangered throughout all of the DPS); and (2) the Wyoming portion of the range represented a significant portion of the range where the species remained in danger of extinction because of the inadequacy of existing regulatory mechanisms. Thus, on April 2, 2009, we published a final rule recognizing the NRM DPS and removing the DPS from the List of Endangered and Threatened Wildlife, except in Wyoming, where wolves continued to be regulated as a nonessential experimental population under 50 CFR 17.84(i) and (n) (74 FR 15123). The decision to retain the Act's protections only in Wyoming was consistent with a March 16, 2007, Memorandum Opinion issued by the Solicitor of the Department of the Interior, “The Meaning of `In Danger of Extinction Throughout All or a Significant Portion of Its Range' ” (M-Opinion) (Department of the Interior 2007, entire). The final rule determined that Wyoming's existing regulatory framework did not provide adequate regulatory mechanisms to maintain Wyoming's share of a recovered NRM wolf population if the protections of the Act were removed and stated that, until Wyoming revised its statutes, regulations, and management plan, and obtained Service approval, wolves in Wyoming would remain protected by the Act (74 FR 15123, April 2, 2009).</P>

          <P>The 2009 rule (74 FR 15123, April 2, 2009) was challenged in the U.S. District Court for the District of Montana by environmental litigants and in the U.S. District Court for the District of Wyoming by the State of Wyoming, the Wyoming Wolf Coalition, and Park County, Wyoming. On August 5, 2010, the U.S. District Court for Montana ruled on the merits of the case and vacated our April 2009 final rule (<E T="03">Defenders of Wildlife, et al.,</E>v.<E T="03">Salazar, et al.,</E>729 F. Supp.2d 1207 (D. Mont. 2010)). The court concluded that the NRM DPS must be listed or delisted in its entirety. The court rejected the rule's approach allowing protection of only a portion of the species' range because it was inconsistent with the Act's definition of “species.” Thus, before delisting could occur, Wyoming had to develop a regulatory framework that was determined by the Service to be adequate to maintain Wyoming's share of a recovered NRM gray wolf population. The court's ruling invalidated the 2009 rule designating and delisting most of the NRM DPS.</P>
          <P>On October 26, 2010, in compliance with the order of the U.S. District Court for Montana, we published a final rule notifying the public that the Federal protections in place prior to the 2009 delisting had been reinstated (75 FR 65574). Wolves in eastern Washington, eastern Oregon, north-central Utah, the Idaho panhandle, and northern Montana were again listed as endangered. Former special rules designating the gray wolf in the remainder of Montana and Idaho as nonessential experimental populations were likewise reinstated. Additionally, the NRM gray wolf DPS established by the April 2, 2009, final rule was set aside. Because wolves in Wyoming were not delisted by the April 2, 2009, final rule, their listed status was not affected by the October 26, 2010, rule.</P>

          <P>Following the Montana District Court decision, the United States Congress passed, and President Obama signed, H.R. 1473, Public Law 112-10—The Department of Defense and Full Year<PRTPAGE P="55533"/>Continuing Appropriations Act of 2011 (hereafter referred to as the 2011 Appropriations Act). Section 1713 of the law directed the Service to reissue its April 2009 delisting rule. The Service complied with the Appropriations Act on May 5, 2011 (76 FR 25590). Thus, gray wolves in Montana, Idaho, eastern Oregon, north-central Utah, and eastern Washington were once again delisted. The constitutionality of section 1713 of the 2011 Appropriations Act was upheld in the Montana District Court and the Ninth Circuit Court of Appeals (<E T="03">Alliance for the Wild Rockies et al.,</E>v<E T="03">. Salazar, et al.,</E>case no. CV 11-70-M-DWM;<E T="03">Alliance for the Wild Rockies, et al.,</E>v.<E T="03">Salazar, et al.,</E>case no. 11-35670). The Department of Interior withdrew the M-Opinion on this topic on May 4, 2011 (Department of the Interior 2011, entire).</P>

          <P>As for the Wyoming challenge to the April 2009 partial delisting rule (74 FR 15123, April 2, 2009), a United States District Court for Wyoming ruled in favor of the Wyoming plaintiffs on November 18, 2010 (<E T="03">Wyoming et al.,</E>v.<E T="03">U.S. Department of the Interior, et al.,</E>2010 U.S. Dist. LEXIS 122829). The court rejected the Service's recommendation that the entire State of Wyoming be designated as a Trophy Area, and the court found this position to be arbitrary and capricious, because it was not supported by the administrative record. The court stated that the record indicated only northwestern Wyoming, which has the vast majority of the State's suitable habitat, was biologically essential to maintaining the NRM population. However, the court did not render an opinion on whether Wyoming's current plan, including the size and location of its 2007 Trophy Area, was sufficient. Instead, the court remanded the matter to us to reconsider whether Wyoming's regulatory framework would maintain its share of a recovered wolf population and provide adequate genetic connectivity. Subsequent to this order, the Service and the State reinitiated discussions on revisions to the State's wolf management framework that would satisfy the standards of the Act and allow delisting to again move forward. These discussions led to an agreement and modification of the Wyoming wolf management plan (WGFC 2011, entire).</P>
          <P>On October 5, 2011, we proposed to remove the gray wolf in Wyoming from the List of Endangered and Threatened Wildlife (76 FR 61782). This proposal relied on Wyoming's 2011 wolf management plan (WGFC 2011, entire) and noted that conforming changes to State law and regulations would be required to allow Wyoming's plan to be implemented as written. Following publication of the proposal, Wyoming revised its State statutes and gray wolf management regulations (chapter 21) and developed gray wolf hunting season regulations (chapter 47) and an Addendum to the Wyoming Gray Wolf Management Plan. On May 1, 2012, we reopened the public comment period on our October 5, 2011, proposal to allow all interested parties an additional opportunity to comment on the proposed rule in light of these documents (77 FR 25664, May 1, 2012).</P>
          <HD SOURCE="HD2">Reengaging Wyoming and Changes to Its Wolf Management Plan</HD>
          <P>The 2009 rule stated that “until Wyoming revises their statutes, management plan, and associated regulations, and is again Service approved, wolves in Wyoming continue to require the protections of the Act” (74 FR 15123, April 2, 2009). This rule specifically expressed concern over: (1) The size and permanency of the Trophy Area; (2) conflicting language within the State statutes concerning whether Wyoming would manage for at least 15 breeding pairs and at least 150 wolves, exactly 15 breeding pairs and 150 wolves, or only 7 breeding pairs and 70 wolves; and (3) liberal depredation control authorizations and legislative mandates to aggressively manage the population down to minimum levels.</P>
          <P>In early 2011, we began discussions with Wyoming seeking to develop a strategy to address each of these issues. In August 2011, the Service and the State of Wyoming announced the framework of an agreement that we conclude will maintain a recovered wolf population in Wyoming (WGFC 2011, appendix I). Since this agreement, Wyoming has incorporated these changes into its regulatory framework. Below we summarize the key points in the agreement relative to the three overarching Service concerns highlighted above.</P>

          <P>First, Wyoming made the existing Trophy Area permanent by incorporating it into State statute. In total, Wyoming wolves will be managed as game animals year-round or protected in about 38,500 square kilometers (km<SU>2</SU>) (15,000 square miles (mi<SU>2</SU>)) in the northwestern portion of the State (15.2 percent of Wyoming), including YNP, Grand Teton National Park, John D. Rockefeller, Jr. Memorial Parkway, adjacent U.S. Forest Service-designated Wilderness Areas, adjacent public and private lands, the National Elk Refuge, and most of the Wind River Indian Reservation (Lickfett 2012). This area of Wyoming contains the majority of suitable wolf habitat within the State. Wolves will be designated as predatory animals in the remainder of the State (predator area). The above protected and permanent game areas (see Figure 1) include: 100 percent of the portion of the Greater Yellowstone Area (GYA) recovery area within Wyoming (Service 1987, Figure 2); approximately 79 percent of the Wyoming portion of the primary analysis area used in the 1994 Environmental Impact Statement on The Reintroduction of Gray Wolves to YNP and Central Idaho (1994 Environmental Impact Statement) (areas analyzed as potentially being impacted by wolf recovery in the GYA) (Service 1994, Figure 1.1); the entire home range for 24 of 27 breeding pairs (88 percent), 40 of 48 packs (83 percent), and 282 of 328 individual wolves (86 percent) in the State at the end of 2011 (Service<E T="03">et al.</E>2012, Tables 2, 4, Figure 3; Jimenez 2012a; Jimenez 2012, pers. comm.); and approximately 81 percent of the State's suitable habitat (including over 81 percent of the high-quality habitat (greater than 80 percent chance of supporting wolves) and over 62 percent of the medium-high-quality habitat (50 to 79 percent chance of supporting wolves) (Oakleaf 2011; Mead 2012a)).</P>
          
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            <PRTPAGE P="55534"/>
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          <BILCOD>BILLING CODE 4310-55-C</BILCOD>

          <P>The State of Wyoming also addressed our prior concern that the size of the Trophy Area would affect natural connectivity and genetic exchange. State wolf management regulations (chapter 21(4)(a)(ii)) commit to managing wolves in Wyoming so that genetic diversity and connectivity issues do not threaten the population. The State's wolf management plan further clarifies a goal for gene flow of at least one effective natural migrant per generation entering into the GYA, as measured over multiple generations (WGFC 2011, pp. 4, 9, 26-29, 54). To assist in this goal, a Wyoming statute provides for a seasonal expansion of the Trophy Area approximately 80 kilometers (km) (50 miles (mi)) south for 4 and a half months during peak wolf dispersal periods (WGFC 2011, pp. 2, 8, 52). We conclude that this seasonal protection will benefit natural dispersal. Furthermore, Wyoming commits to an adaptive management approach that adjusts management if the above minimum level of gene flow is not<PRTPAGE P="55535"/>documented (WGFC 2011, pp. 26-29; WGFC 2012, pp. 6-7). Finally, translocation of wolves between subpopulations would be used as a last resort, only if necessary to increase genetic interchange (WGFC 2012, p. 7). These efforts would be coordinated with Montana and Idaho (WGFC 2012, p. 7).</P>
          <P>Next, Wyoming agreed to maintain a population of at least 10 breeding pairs and at least 100 wolves in portions of Wyoming outside YNP and the Wind River Indian Reservation (WGFC 2011, pp. 1-5, 16-26, 52). Importantly, this commitment does not reflect an intention by the Wyoming Game and Fish Department (WGFD) to reduce the population down to this minimum population level. Rather, Wyoming intends to maintain an adequate buffer above minimum population objectives to accommodate management needs and ensure uncontrollable sources of mortality do not drop the population below this minimum population level (WGFC 2011, p. 24; WGFC 2012, pp. 3-5).</P>
          <P>The wolf populations in YNP and on the lands of sovereign nations will provide an additional buffer above the minimum recovery goal. From 2000 to the end of 2011 (the most recent official wolf population estimates available), the wolf population in YNP ranged from 96 to 174 wolves, and between 6 to 16 breeding pairs. While a lower future population level in YNP is predicted (between 50 to 100 wolves and 5 to 10 packs with 4 to 6 of these packs meeting the breeding pair definition annually) (Smith 2012), YNP will always provide a secure wolf population providing a safety margin above the minimum recovery goal. The Wind River Indian Reservation typically contains a small number of wolves (single digits), which sometimes form packs that count toward Tribal population totals. On the whole, we expect the statewide wolf population in Wyoming will be maintained well above minimum recovery levels.</P>
          <P>Another substantial improvement is Wyoming's management framework inside the Trophy Area. For example, Wyoming removed statutory mandates for aggressive management of wolves (WGFC 2011, pp. 24, 52). Previous Wyoming law required aggressive management until the population outside the National Parks fell to six breeding pairs or below. The Service was concerned with Wyoming's previous State law, and it has been remedied.</P>
          <P>Additionally, Wyoming agreed that wolves in the permanent Trophy Area would not be treated as predatory animals (WGFC 2011, pp. 3, 16-17, 23). Past State laws allowed depredating wolves within the Trophy Area to be treated as predatory animals under certain circumstances at the discretion of the State Game and Fish Commission (WGFC 2011, pp. 3, 16-17, 23). Wyoming modified W.S. 23-1-302(a)(ii) to ensure it does not apply to wolves in the Trophy Area. This change is a substantial improvement over current Wyoming law that will provide for a wolf population in Wyoming (outside of YNP and the Wind River Indian Reservation) that always maintains at least 10 breeding pairs and at least 100 individuals.</P>
          <P>Furthermore, Wyoming established defense-of-property regulations that are similar to our nonessential experimental population rules (50 CFR 17.84(n)) (WGFC 2011, pp. 4, 22-23, 30-31, 53). Also, Wyoming's management of depredating wolves will be similar to Service management under the Act's protections (WGFC 2011, pp. 4, 22-23, 30-31, 53). Such rules were in place in Montana and Idaho prior to delisting and allowed continued population growth. These management approaches constitute an additional improvement over the framework Wyoming had in place for most of 2008.</P>
          <P>These and other improvements discussed in more detail below have addressed the Service's concerns about wolf management in Wyoming and make this delisting rule possible. Appropriate changes have been incorporated into State statute, State regulations, and the Wyoming wolf management plan.</P>
          <HD SOURCE="HD2">Species Description and Basic Biology</HD>
          <P>Gray wolves (<E T="03">Canis lupus</E>) are the largest wild members of the dog family (Canidae). Adult gray wolves range from 18-80 kilograms (kg) (40-175 pounds (lb)) depending upon sex and geographic region (Mech 1974, p. 1). In the NRM region, adult male gray wolves average just over 45 kg (100 lb), but may weigh up to 60 kg (130 lb). Females weigh about 20 percent less than males. Wolves' fur color is frequently a grizzled gray, but it can vary from pure white to coal black (Gipson<E T="03">et al.</E>2002, p. 821).</P>

          <P>Gray wolves have a circumpolar range including North America, Europe, and Asia. As Europeans began settling the United States, they poisoned, trapped, and shot wolves, causing this once-widespread species to be eradicated from most of its range in the 48 conterminous States (Mech 1970, pp. 31-34; McIntyre 1995, entire). Gray wolf populations were eliminated from Montana, Idaho, and Wyoming, as well as adjacent southwestern Canada by the 1930s (Young and Goldman 1944, p. 414). Gray wolves continue to occur in large numbers in Canada and Alaska and are now well connected to the restored NRM wolf populations (Pletscher<E T="03">et al.</E>1991, pp. 547-548; Boyd and Pletscher 1999, pp. 1105-1106; Committee on the Status of Endangered Wildlife in Canada 2001, pp. iii, v-vi, 13, 21-22, 30-32, 38, 42, 44-46; Boitani 2003, p. 322; Sime 2007; vonHoldt<E T="03">et al.</E>2010, p. 4412; Jimenez<E T="03">et al.</E>In review, p. 1).</P>

          <P>Wolves primarily prey on medium and large mammals. Wolf prey in the NRM region is composed mainly of elk (<E T="03">Cervus canadensis</E>), white tailed deer (<E T="03">Odocoileus virginianus</E>), mule deer (<E T="03">Odocoileus hemionus</E>), moose (<E T="03">Alces alces</E>), and (in the GYA) bison (<E T="03">Bison bison</E>). Bighorn sheep (<E T="03">Ovis canadensis</E>), mountain goats (<E T="03">Oreamnos americanus</E>), and pronghorn antelope (<E T="03">Antilocapra americana</E>) also are common but less important wolf prey, at least to date.</P>

          <P>Wolves normally live in packs of 2 to 12 animals. In the NRM region, pack sizes average 7 wolves but are slightly larger in protected areas. A few complex packs have been substantially bigger in some areas of YNP (Smith<E T="03">et al.</E>2006, p. 243; Service<E T="03">et al.</E>2012, Tables 1-3). Packs typically occupy large territories from 518 to 1,295 km<SU>2</SU>(200 to 500 mi<SU>2</SU>). Once a given area is occupied by resident wolf packs, it becomes saturated and wolf numbers become regulated by the amount of available prey, intraspecific conflict (wolf-on-wolf conflict), other forms of mortality, and dispersal. Dispersing wolves may cover large areas as they try to join other packs or attempt to form their own pack in unoccupied habitat (Mech and Boitani 2003, pp. 11-17).</P>

          <P>Typically, only one male and female in each pack breed and produce pups (Packard 2003, p. 38; Smith<E T="03">et al.</E>2006, pp. 243-24; Service<E T="03">et al.</E>2012, Tables 1-3). Females and males typically begin breeding as 2-year-olds and may annually produce young until they are over 10 years old. In the NRM region, litters are typically born in April and range from 1 to 7 pups, but average around 5 pups (Service<E T="03">et al.</E>1989-2012, Tables 1-3). Most years, 80 percent of pups survive until winter (Service<E T="03">et al.</E>1989-2012, Tables 1-3). Wolves can live 13 years (Holyan<E T="03">et al.</E>2005, p. 446), but the average lifespan in YNP is less than 4 years (Smith<E T="03">et al.</E>2006, p. 245). Pup production and survival can increase when wolf density is lower and food availability per wolf increases (Fuller<E T="03">et al.</E>2003, p. 186). Pack social structure is very adaptable and resilient. Breeding members can be quickly replaced either from within or outside the pack, and pups can be reared by another pack member, should<PRTPAGE P="55536"/>their parents die (Boyd and Jimenez 1994, entire; Packard 2003, p. 38; Brainerd<E T="03">et al.</E>2008; Mech 2006, p. 1482). Consequently, wolf populations can rapidly recover from severe disruptions, such as very high levels of human-caused mortality or disease. Wolf populations have been shown to increase rapidly if mortality is reduced after severe declines (Fuller<E T="03">et al.</E>2003, pp. 181-183; Service<E T="03">et al.</E>2012, Table 4).</P>
          <P>For detailed information on the biology of this species see the “Biology and Ecology of Gray Wolves” section of the April 1, 2003, final rule to reclassify and remove the gray wolf from the list of endangered and threatened wildlife in portions of the coterminous United States (2003 Reclassification Rule) (68 FR 15804).</P>
          <HD SOURCE="HD2">Recovery Planning and Implementation</HD>
          <P>This section includes a detailed discussion of the recovery criteria including their development, continuous evaluation, and revision as necessary. Additionally, this section includes our summary of progress towards recovery including an assessment of whether the criteria are met. This section discusses the entire NRM population because the recovery criteria apply to the entire population.</P>
          <P>
            <E T="03">Recovery Planning and the Development of Recovery Criteria</E>—As general background, recovery plans are not regulatory documents, but are instead intended to provide guidance to the Service, States, and other partners on methods of minimizing threats to listed species and on criteria that may be used to determine when recovery is achieved. There are many paths to accomplishing recovery of a species, and recovery may be achieved without all criteria being fully met. For example, one or more criteria may have been exceeded while other criteria may not have been accomplished. In that instance, the Service may judge that the threats have been minimized sufficiently, and the species is robust enough to reclassify from endangered to threatened or to delist. In other cases, recovery opportunities may have been recognized that were not known at the time the recovery plan was finalized. These opportunities may be used instead of methods identified in the recovery plan. Likewise, information on the species may become available that was not known at the time the recovery plan was finalized. The new information may change the extent that criteria need to be met for recognizing recovery of the species. Recovery of a species is a dynamic process requiring adaptive management that may, or may not, fully follow the guidance provided in a recovery plan.</P>

          <P>For NRM gray wolves, we formed the Interagency Wolf Recovery Team to complete a recovery plan for the NRM population shortly after it was listed (Service 1980, p. i; Fritts<E T="03">et al.</E>1995, p. 111). The NRM Wolf Recovery Plan (recovery plan) was approved in 1980 (Service 1980, p. i) and revised in 1987 (Service 1987, p. i). The 1980 recovery plan's objective was to reestablish and maintain viable populations of the NRM wolf (<E T="03">C. l. irremotus</E>) in its former range where feasible (Service 1980, p. iii). This plan did not include recovery goals (i.e., delisting criteria). The 1980 plan covered an area similar to the NRM DPS, as it was once believed to be the range of the purported NRM wolf subspecies. It recommended that recovery actions be focused on the large areas of public land in northwestern Montana, central Idaho, and the GYA. The 1987 revised recovery plan (Service 1987, p. 57) concluded that the subspecies designations may no longer be valid and simply referred to gray wolves in the NRM region. Consistent with the 1980 plan, it also recommended focusing recovery actions on the large blocks of public land in the NRM region.</P>
          <P>The 1987 plan specified recovery criteria of a minimum of 10 breeding pairs of wolves (defined as 2 wolves of opposite sex and adequate age, capable of producing offspring) for a minimum of 3 successive years in each of 3 distinct recovery areas including: (1) Northwestern Montana (Glacier National Park; the Great Bear, Bob Marshall, and Lincoln Scapegoat Wilderness Areas; and adjacent public and private lands); (2) central Idaho (Selway-Bitterroot, Gospel Hump, Frank Church River of No Return, and Sawtooth Wilderness Areas; and adjacent, mostly Federal, lands); and (3) the YNP area (including the Absaroka-Beartooth, North Absaroka, Washakie, and Teton Wilderness Areas; and adjacent public and private lands). That plan recommended that wolf establishment not be promoted outside these distinct recovery areas, but it encouraged connectivity between recovery areas. However, no attempts were made to prevent wolf pack establishment outside of the recovery areas unless chronic conflict required resolution (Service 1994, pp. 1-15, 16; Service 1999, p. 2). Since completion of the 1987 recovery plan, we have expended considerable effort to develop, repeatedly reevaluate, and when necessary modify, the recovery goals (Service 1987, p. 12; Service 1994, appendix 8 and 9; Fritts and Carbyn 1995, p. 26; Bangs 2002, p. 1).</P>
          <P>The 1994 Environmental Impact Statement reviewed the wolf recovery standards in the NRM region and the adequacy of the recovery goals to assure that the 1987 goals were sufficient (Service 1994, pp. 6:68-78). We were particularly concerned about the 1987 definition of a breeding pair because it included two adult wolves `capable' of producing offspring instead of two adult wolves that had actually produced offspring. We also believed the relatively small recovery areas identified in the 1987 plan greatly reduced the amount of area that could be used by wolves and would almost certainly eliminate the opportunity for meaningful natural demographic and genetic connectivity. We conducted a thorough literature review of wolf population viability analysis and minimum viable populations, reviewed the recovery goals for other wolf populations, surveyed the opinions of the top 43 wolf experts in North America (of which 25 responded), and incorporated our own expertise into a review of the NRM wolf recovery goal. We published our analysis in the 1994 Environmental Impact Statement and a peer-reviewed paper (Service 1994, appendix 8 &amp; 9; Fritts and Carbyn 1995, pp. 26-38).</P>

          <P>Our 1994 analysis concluded that the 1987 recovery goal was, at best, a minimum recovery goal, and that modifications were warranted on the basis of more recent information about wolf distribution, connectivity, and numbers. We also concluded, “Data on survival of actual wolf populations suggest greater resiliency than indicated by theory,” and theoretical treatments of population viability “have created unnecessary dilemmas for wolf recovery programs by overstating the required population size” (Fritts and Carbyn 1995, p. 26). Based on our analysis, we redefined a breeding pair as an adult male and an adult female wolf that have produced at least two pups that survived until December 31 of the year of their birth, during the previous breeding season. We also concluded that “Thirty or more breeding pairs comprising some 300+ wolves in a metapopulation (a population that exists as partially isolated sets of subpopulations) with genetic exchange between subpopulations should have a high probability of long term persistence” because it would contain enough individuals in successfully reproducing packs that were distributed over distinct but somewhat connected large areas, to be viable for the long term (Service 1994, p. 6:75). We explicitly<PRTPAGE P="55537"/>stated that the required genetic exchange could occur by natural means or by human-assisted migration management and that dispersal of wolves between recovery areas was evidence of that genetic exchange (Service<E T="03">et al.</E>1994, appendix 8, 9). In defining a “Recovered Wolf Population,” we found “in the northern Rockies a recovered wolf population is 10 breeding pairs of wolves in each of 3 areas for 3 successive years with some level of movement between areas” (Service 1994, pp. 6-7). We further determined that a metapopulation of this size and distribution among the three areas of core suitable habitat in the NRM DPS would result in a wolf population that would fully achieve our recovery objectives.</P>
          <P>For more than 15 years, we have concluded that movement of individuals between the metapopulation segments could occur either naturally or by human-assisted migration management (Service 1994, pp. 7-67). Specifically, the 1994 Environmental Impact Statement stated “The importance of movement of individuals between subpopulations cannot be overemphasized. The dispersal ability of wolves makes such movement likely, unless wolves were heavily exploited between recovery areas, as could happen in the more developed corridor between central Idaho and YNP. Intensive migration management might become necessary if 1 of the 3 subpopulations should develop genetic or demographic problems” (Service 1994, pp. 7-67). The finding went on to say that human-assisted migration should not be viewed negatively and would be necessary in other wolf recovery programs (Service 1994, pp. 7-67). Furthermore, we found that the 1987 wolf recovery plan's population goal of 10 breeding pairs of wolves in 3 separate recovery areas for 3 consecutive years was reasonably sound and would maintain a viable wolf population into the foreseeable future. We did caution that the numerical recovery goal was somewhat conservative, and should be considered minimal (Service 1994, pp. 6-75).</P>
          <P>We conducted another review of what constitutes a recovered wolf population in late 2001 and early 2002 to reevaluate and update our 1994 analysis and conclusions (Service 1994, appendix 9). We attempted to resurvey the same 43 experts we had contacted in 1994 as well as 43 other biologists from North America and Europe who were recognized experts about wolves and conservation biology. We asked experts with a wide diversity of perspectives to participate in our review. In total, 53 people provided their expert opinions regarding a wide range of issues related to the NRM recovery goal. We also reviewed a wide range of literature, including wolf population viability analyses from other areas (Bangs 2002, pp. 1-9).</P>
          <P>Despite varied professional opinions and a great diversity of suggestions, experts overwhelmingly thought the recovery goal derived in our 1994 analysis was more biologically appropriate than the 1987 recovery plan's criteria for recovery and represented a viable and recovered wolf population. Reviewers also thought genetic exchange, either natural or human-facilitated, was important to maintaining the metapopulation configuration and wolf population viability. Reviewers also believed the proven ability of a breeding pair to show successful reproduction was a necessary component of a biologically meaningful breeding pair definition. Reviewers recommended other concepts/numbers for recovery goals, but most were slight modifications to those we recommended in our 1994 analysis. While experts strongly (78 percent) supported our 1994 conclusions regarding a viable wolf population, they also tended to believe that wolf population viability was enhanced by higher, rather than lower, population levels and longer, rather than shorter, demonstrated timeframes. A common minority recommendation was an alternative goal of 500 wolves and 5 years. A slight majority of reviewers indicated that even the 1987 recovery goal of only 10 breeding pairs (defined as a male and female capable of breeding) in each of 3 distinct recovery areas may be viable, given the persistence of other small wolf populations in other parts of the world. Based on the above review and considering all available information, we reaffirmed our more relevant and stringent 1994 definition of wolf breeding pairs, population viability, and recovery (Service 1994, p. 6:75; Bangs 2002, pp. 1-9).</P>

          <P>We measure the wolf recovery goal by the number of breeding pairs as well as by the number of wolves because wolf populations are maintained by packs that successfully raise pups. We use “breeding pairs” (packs that have at least one adult male and at least one adult female and that raised at least two pups until December 31) to describe successfully reproducing packs (Service 1994, p. 6:67; Bangs 2002, pp. 7-8; Mitchell<E T="03">et al.</E>2008, p. 881; Mitchell<E T="03">et al.</E>2010, p. 101). The breeding pair metric includes most of the important biological concepts in wolf conservation, including the potential disruption of human-caused mortality that might affect breeding success in social carnivores (Brainerd<E T="03">et al.</E>2008, p. 89; Wallach<E T="03">et al.</E>2009, p. 1; Creel and Rotella 2010, p. 1). Specifically, we thought it was important for breeding pairs to have: Both male and female members together going into the February breeding season; successful occupation of a territory (generally 500-1,300 km<SU>2</SU>(200-500 mi<SU>2</SU>)); enough pups to replace themselves; offspring that become yearling dispersers; at least four wolves at the end of the year, which is near the population low point (note that the absolute low point occurs in April just before pups are born); all social structures and age classes represented within a wolf population; and adults that can raise and mentor younger wolves.</P>
          <P>We also determined that an equitable distribution of wolf breeding pairs and individual wolves among the three States and the three recovery areas is an essential part of achieving recovery. Like peer reviewers in 1994 and 2002, we concluded that NRM wolf recovery and long term wolf population viability is dependent on its distribution as well as maintaining the minimum numbers of breeding pairs and wolves. Uniform distribution is not necessary. But a well-distributed population is necessary to maintain proportionate numbers of packs and individuals in all three recovery areas. This approach will maintain wolf distribution in and adjacent to all three recovery areas and most of the region's suitable habitat. Such an approach will retain sizable subpopulations within easily traversable distances from one another and, thus, facilitate natural connectivity.</P>

          <P>Following the 2002 review of our recovery criteria, we began to use States, in addition to recovery areas, to measure progress toward recovery goals (Service<E T="03">et al.</E>2003-2012, Table 4). Because Montana, Idaho, and Wyoming each contain the vast majority of one of the original three core recovery areas, we determined the metapopulation structure would be best conserved by equally dividing the overall recovery goal between the three States (73 FR 10514, February 27, 2008, p. 10522). This approach made each State's responsibility for wolf conservation fair, consistent, and clear. It avoided any possible confusion that one State might assume the responsibility for maintaining the required number of wolves and wolf breeding pairs in a shared recovery area that was the responsibility of the adjacent State. State regulatory authorities and traditional management of resident game populations occur on a State-by-<PRTPAGE P="55538"/>State basis. We determined that management by State would still maintain a sizable wolf population in each core recovery area because they each contain manmade or natural refugia from intensive human-caused mortality (e.g., wilderness and roadless areas, National Parks, and remote Federal lands) that provide a stronghold for wolf populations in each State. Recovery targets by State promote connectivity and genetic exchange between the metapopulation segments by avoiding management that focuses solely on wolf breeding pairs in relatively distinct core recovery areas. This approach also will increase the numbers of potential wolf breeding pairs in the GYA because it is shared by all three States. A large and well-distributed population within the GYA is especially important because it is the most isolated recovery segment within the NRM DPS (Oakleaf<E T="03">et al.</E>2006, p. 554; vonHoldt<E T="03">et al.</E>2007, p. 19).</P>
          <P>To recap, we have expended considerable effort to develop, repeatedly reevaluate, and, when necessary, modify, these recovery goals (Service 1980; Service 1987; Service 1994, appendix 8 and 9; Fritts and Carbyn 1995; Bangs 2002, entire). The 1980 recovery plan required simply that we reestablish and maintain viable populations within its former range where feasible. The 1987 recovery plan further quantified the goals by requiring a minimum of 10 breeding pairs of wolves (defined as 2 wolves of opposite sex and adequate age, capable of producing offspring) for a minimum of 3 successive years in northwestern Montana, central Idaho, and the YNP area. In 1994, we revised the definition of a breeding pair (redefined as an adult male and an adult female wolf that have produced at least two pups that survived until December 31 of the year of their birth, during the previous breeding season) and added a requirement that there be genetic exchange (preferably natural, but human assisted if needed) between subpopulations. In 2002, we conducted a peer review of the above information, which led us to reaffirm the conclusions reached above (i.e., the definition of wolf breeding pairs, our view of population viability, and what constitutes recovery), but moved us towards counting recovery by State in addition to by recovery area.</P>
          <P>Finally, every NRM rulemaking conducted over the last decade has also included a peer review in which reviewers were asked to weigh in on our conclusions. The vast majority of these reviewers supported our conclusion on long term population viability assuming these criteria were maintained. In the most recent peer review, four of the five peer reviewers concurred with our conclusion that the Wyoming wolf population, whose management is to be driven by the recovery goals, would continue to be a viable population after delisting (Atkins 2011, pp. 6, 10; Atkins 2012, p. 3). Those peer reviewers who specifically addressed the recovery criteria were unanimously supportive of the criteria (Atkins 2011, appendix B). For example, Dr. Scott Mills stated that the thresholds for delisting are consistent with current state-of-the-art viability analysis science and are an appropriate standard for delisting (Atkins 2011, p. 60). Similarly, Dr. David Mech concluded that the recovery criteria still seem adequate (Atkins 2011, p. 73). None of the reviews provided by the independent peer reviewers challenged the adequacy of the recovery criteria (Atkins 2011, appendix B).</P>
          <P>The numerical component of the recovery goal represents the minimum number of breeding pairs and individual wolves needed to achieve and maintain recovery. Because the NRM wolf population must always exceed the recovery goal of 30 breeding pairs and 300 wolves, we required that Montana and Idaho each manage for at least 15 breeding pairs and at least 150 wolves in mid-winter. This 50 percent safety margin above minimum recovery levels was intended to provide an adequate safety margin, recognizing that all wildlife populations, including wolves, can fluctuate widely over a relatively short period of time. Managing for a buffer above the minimum recovery target is consistent with our 1994 determination that the addition of a few extra pairs would add security to the population and should be considered in future management planning (Service 1994, pp. 6-75). Additionally, because the recovery goal components are measured in mid-winter when the wolf population is near its annual low point (note the absolute low point occurs in April just before spring litters are born), the average annual wolf population will be higher than these minimal goals.</P>
          <P>Because Wyoming, unlike Montana and Idaho, has a large portion of its wolf population in areas outside the State's control (e.g., YNP and the Wind River Indian Reservation), we developed an approach for Wyoming that recognizes this fact, but still holds the State to the same commitment to achieve the desired safety margin above the minimum recovery goal. Specifically, we determined that at least 10 breeding pairs and at least 100 wolves at mid-winter in Wyoming outside YNP and the Wind River Indian Reservation will satisfy Wyoming's contribution to NRM gray wolf recovery. Under this approach, the wolf populations in YNP and the Wind River Indian Reservation will provide a buffer above the minimum recovery goal. We conclude that the YNP wolf population can effectively buffer the rest of the Wyoming wolf population because of the amount of available habitat in the park, the sizable wolf population the park does now and will continue to support, and the relative security of the park population.</P>
          <P>Wyoming's wolf population will be further buffered because WGFD intends to maintain an adequate buffer above minimum population objectives to accommodate management needs so that uncontrollable sources of mortality do not drop the population in Wyoming outside of YNP and the Wind River Indian Reservation below the 10 breeding pair and 100 wolf minimum population levels (WGFC 2011, p. 24; WGFC 2012, pp. 3-5). The State of Wyoming also intends to coordinate with YNP and the Wind River Indian Reservation to contribute to the objective of at least 15 breeding pairs and at least 150 wolves statewide, including YNP and the Wind River Indian Reservation. This approach in Wyoming is biologically superior to a single statewide standard in that: It provides population stability outside the park, minimizing the chances of a bad year in YNP compromising maintenance of the minimum recovery goal; it adds an extra layer of representation, resiliency, and redundancy to the GYA's gray wolf population; and it builds public tolerance for a minimum wolf population outside YNP. Further justification for this approach to wolf management after delisting and an additional explanation of why we view this approach as superior for wolf conservation in Wyoming long term is included in Issue and Response 18 below.</P>

          <P>To summarize, based on the information above, the current recovery goal for the NRM gray wolf population is: Thirty or more breeding pairs (an adult male and an adult female that raise at least two pups until December 31) comprising 300+ wolves well-distributed between Montana, Idaho, and Wyoming functioning as a metapopulation (a population that exists as partially isolated sets of subpopulations) with genetic exchange (either natural or, if necessary, agency-managed) between subpopulations. This goal further holds Montana, Idaho, and Wyoming to each maintain a population<PRTPAGE P="55539"/>of at least 10 breeding pairs and at least 100 wolves at the end of the year. To provide that these minimum levels are not compromised, Montana and Idaho each are required to manage for a population minimum of at least 15 breeding pairs and at least 150 wolves at the end of the year. So as not to risk relisting and to provide management flexibility, Montana and Idaho intend to manage well above these minimum required levels. In Wyoming, the State will maintain the entire minimum recovery goal of at least 10 breeding pairs and at least 100 wolves outside of YNP and the Wind River Indian Reservation. So as not to risk relisting and to provide management flexibility, Wyoming also intends to manage well above these minimum required levels. A sizable wolf population in YNP and in the Wind River Indian Reservation will further buffer the population so that minimum recovery goals are not compromised. Our recovery and post-delisting management goals were designed to provide the NRM gray wolf population with sufficient representation, resilience, and redundancy for their long term conservation. After evaluating all available information, we conclude that the best scientific and commercial information available indicates the population will remain viable following delisting if the recovery targets continue to be met.</P>
          <P>
            <E T="03">Monitoring and Managing Recovery</E>—In 1989, we formed an Interagency Wolf Working Group (Working Group) composed of Federal, State, and Tribal agency personnel (Bangs 1991, p. 7; Fritts<E T="03">et al.</E>1995, p. 109; Service<E T="03">et al.</E>1989-2012, p. 1). The Working Group conducted four basic recovery tasks, in addition to the standard enforcement functions associated with the take of a listed species. These tasks were: (1) Monitor wolf distribution and numbers; (2) control wolves that attacked livestock by moving them, conducting other nonlethal measures, or by killing them (Bangs<E T="03">et al.</E>2006, p. 7); (3) conduct research and publish scientific publications on wolf relationships to ungulate prey, other carnivores and scavengers, livestock, and people; and (4) provide accurate science-based information to the public and mass media so that people could develop their opinions about wolves and wolf management from an informed perspective.</P>

          <P>The minimum size and distribution of the wolf population is estimated by the Working Group each year and, along with other information, is published in an interagency annual report (Service<E T="03">et al.</E>1989-2012, Table 4, Figure 1). Since the early 1980s, the Service and our cooperating partners have radio-collared and monitored approximately 2,000 wolves in the NRM region to assess population status, conduct research, and to reduce/resolve conflict with livestock. The Working Group's annual minimum population estimates represent the best scientific and commercial data available regarding minimum year-end NRM gray wolf population size and trends, as well as distributional and other information.</P>
          <P>
            <E T="03">Recovery by State</E>—At the end of calendar year 2000, the NRM population first met its overall numerical and distributional recovery goal of a minimum of 30 breeding pairs and more than 300 wolves well-distributed among Montana, Idaho, and Wyoming (68 FR 15804, April 1, 2003; Service<E T="03">et al.</E>2012, Table 4). Because the recovery goal must be achieved for 3 consecutive years, the temporal element of recovery was not achieved until the end of 2002 when at least 663 wolves and at least 49 breeding pairs were present (Service<E T="03">et al.</E>2012, Table 4). By the end of 2011, the NRM wolf population achieved its numerical and distributional recovery goal for 12 consecutive years, while the temporal portion of the recovery criterion has been met for 10 consecutive years (Service<E T="03">et al.</E>2012, Table 4; 68 FR 15804, April 1, 2003; 71 FR 6634, February 8, 2006). By the end of 2011, the NRM gray wolf population included a minimum population estimate of 1,774 wolves (including at least: 653 in Montana; 746 in Idaho; 328 in Wyoming; 18 in Washington; and 29 in Oregon) in 109 breeding pairs (including at least: 39 in Montana; 40 in Idaho; 27 in Wyoming; 2 in Washington; and 1 in Oregon). Distribution at the end of 2011 is illustrated in Figure 2. Population trends through the end of 2011 are illustrated in Figure 3.</P>
          
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          <P>
            <E T="03">Recovery by Recovery Area</E>—As discussed previously, after the 2002 peer review of the wolf recovery efforts, we began using States, in addition to recovery areas, to measure progress toward recovery goals (Service<E T="03">et al.</E>2003-2012, Table 4). However, because the 1987 Recovery Plan (Service 1987, pp. v, 12, 23) included goals for core recovery areas, we have included the following discussion on the history of the recovery efforts and status of these core recovery areas, including how the wolf population's distribution and metapopulation structure is important to maintaining its viability and how the biological characteristics of each core recovery area differ (Service<E T="03">et al.</E>2012, Table 4).</P>

          <P>The Northwestern Montana Recovery Area's 84,800 km<SU>2</SU>(33,386 mi<SU>2</SU>) includes: Glacier National Park; the Great Bear, Bob Marshall, and Lincoln Scapegoat Wilderness Areas; and adjacent public and private lands in northern Montana and the northern Idaho panhandle. Wolves in this recovery area were listed and managed as endangered species. Wolves naturally recolonized this area from Canada. Reproduction first occurred in northwestern Montana in 1986 (Ream<E T="03">et al.</E>1989, entire). The natural ability of wolves to find and quickly recolonize empty habitat (Mech and Boitani 2003, pp. 17-19), the interim control plan (Service 1988, 1999, entire), and the interagency recovery program combined to effectively promote an increase in wolf numbers (Bangs 1991, pp. 7-13). By 1996, the number of known wolves had grown to about 70 wolves in 7 known breeding pairs. However, from 1996 through 2004, the minimum estimated number of breeding pairs and wolves in northwestern Montana fluctuated at a low level, partly due to actual population size and partly due to limited monitoring effort. However, since 2005, it has steadily increased (Service<E T="03">et al.</E>2012, Table 4). At the end of 2011, we estimated a minimum of 431 wolves in 25 breeding pairs in the northwestern Montana recovery area (Service<E T="03">et al.</E>2012, Table 4).</P>

          <P>The Northwestern Montana Recovery Area has sustained fewer wolves than the other recovery areas because there is less suitable habitat and it is naturally more fragmented (Oakleaf<E T="03">et al.</E>2006, p. 560; Smith<E T="03">et al.</E>2010, p. 622). Some of the variation in our minimum wolf population estimates for northwestern Montana is also due to the difficulty of counting wolves in the area's thick forests. Wolves in northwestern Montana also prey mainly on white-tailed deer, resulting in smaller packs and territories, which lower the chances of detecting a pack (Bangs<E T="03">et al.</E>1998, p. 878). Increased monitoring efforts in northwestern Montana by Montana Fish, Wildlife and Parks since 2005 were likely responsible for more accurate minimum population estimates. Wolf numbers in 2003 and 2004 also likely exceeded 10 breeding pairs and 100 wolves, but were not documented simply due to less intensive monitoring those years (Service<E T="03">et al.</E>2012, Table 4). By the end of 2011, this recovery area contained more than 10 breeding pairs and 100 wolves for the seventh consecutive year (2005-2011), and probably did so for the last 10 years (2002-2011) (Service<E T="03">et al.</E>2012, Table 4).</P>

          <P>Routine dispersal of wolves has been documented among northwestern Montana, central Idaho, and adjacent Canadian populations demonstrating that northwestern Montana's wolves are demographically and genetically linked to both the wolf population in Canada and in central Idaho (Pletscher<E T="03">et al.</E>1991, pp. 547-548; Boyd and Pletscher 1999, pp. 1105-1106; Sime 2007; vonHoldt<E T="03">et al.</E>2010, p. 4412; Jimenez<E T="03">et al.</E>In review, p. 1). Because of fairly contiguous but fractured suitable habitat, wolves dispersing into northwestern Montana from both directions will continue to join or form new packs and supplement this segment of the overall wolf population (Forbes and Boyd 1996, p. 1082; Forbes and Boyd 1997, p. 1226; Boyd<E T="03">et al.</E>1995, p. 140; vonHoldt<E T="03">et al.</E>2007, p. 19; vonHoldt<E T="03">et al.</E>2010; Thiessen 2007, p. 50; Sime 2007; Jimenez<E T="03">et al.</E>In review, p. 1).</P>

          <P>Unlike YNP or the central Idaho Wilderness complex, northwestern Montana lacks a large core refugium that contains large numbers of overwintering wild ungulates and few livestock. Therefore, wolf numbers may not ever be as high in northwestern Montana as they are in the central Idaho or the GYA recovery areas. However, wolves have persisted in this area for over 30 years, the population is robust today, and habitat there is capable of supporting hundreds of wolves (Service<E T="03">et al.</E>2012, Table 4). State management, pursuant to the Montana State wolf management plan (Montana Wolf Management Advisory Council 2003), provides that this population segment will continue to thrive.</P>

          <P>The Central Idaho Recovery Area's 53,600 km<SU>2</SU>(20,700 mi<SU>2</SU>) includes the Selway-Bitterroot, Gospel Hump, Frank Church River of No Return, and Sawtooth Wilderness Areas; adjacent, mostly Federal lands, in central Idaho; and adjacent parts of southwestern Montana (Service 1994, p. iv). In January 1995, 15 young adult wolves from Alberta, Canada, were released in central Idaho (Bangs and Fritts 1996, p. 409; Fritts<E T="03">et al.</E>1997, p. 7). In January 1996, an additional 20 wolves from British Columbia were released (Bangs<E T="03">et al.</E>1998, p. 787). Central Idaho contains the greatest amount of highly suitable wolf habitat compared to either northwestern Montana or the GYA (Oakleaf<E T="03">et al.</E>2006, p. 559). Consequently, the central Idaho area population has grown substantially and expanded its range since reintroduction. As in the Northwestern Montana Recovery Area, some of the Central Idaho Recovery Area's increase in its minimum wolf population estimate beginning in 2005 was likely due to an increased monitoring effort by Idaho Department of Fish and Game. The central Idaho population peaked in 2008 and appears to have declined since then (Service<E T="03">et al.</E>2012, Table 4). We estimated a minimum of 797 wolves in 43 breeding pairs in the central Idaho recovery area at the end of 2011 (Service<E T="03">et al.</E>2012, Table 4). This recovery area has contained at least 10 breeding pairs and at least 100 wolves for 14 consecutive years (1998-2011) (Service<E T="03">et al.</E>2012; Table 4).</P>

          <P>The GYA recovery area (63,700 km<SU>2</SU>(24,600 mi<SU>2</SU>)) includes portions of southeastern Montana, eastern Idaho, and northwestern Wyoming. Portions of Wyoming that are occupied by wolves (Figure 1 above) include most of YNP, Grand Teton National Park, and John D. Rockefeller, Jr. Memorial Parkway; the Absaroka Beartooth, Bridger, Fitzpatrick, Gros Ventre, Jedediah Smith, North Absaroka, Popo Agie, Teton, Washakie, and Winegar Hole Wilderness Areas; the Dubois Badlands, Owl Creek, Scab Creek, and Whiskey Mountain Wilderness Study Areas; and adjacent public and private lands (Service 1994, p. iv). Much of the wilderness portions of the GYA are only used seasonally by wolves due to high elevation, deep snow, and low productivity (in terms of sustaining year-round wild ungulate populations) (Service<E T="03">et al.</E>2012, Figure 3; 71 FR 43410, August 1, 2006). In 1995, 14 wolves representing 3 family groups from Alberta were released in YNP (Bangs and Fritts 1996, p. 409; Fritts<E T="03">et al.</E>1997, p. 7; Phillips and Smith 1996, pp. 33-43). In 1996, this procedure was repeated with 17 wolves representing 4 family groups from British Columbia. Finally, 10 pups were removed from northwestern Montana in a wolf control action and released in YNP in the spring of 1997 (Bangs<E T="03">et al.</E>1998, p. 787). Two of these pups became breeding adults<PRTPAGE P="55543"/>and their genetic signature is common both in YNP and the GYA (vonHol