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  <VOL>77</VOL>
  <NO>197</NO>
  <DATE>Thursday, October 11, 2012</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agriculture</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food Safety and Inspection Service</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Antitrust Division</EAR>
      <HD>Antitrust Division</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>National Cooperative Research and Production Act:</SJ>
        <SJDENT>
          <SJDOC>ASTM International,</SJDOC>
          <PGS>61786</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24995</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Heterogeneous System Architecture Foundation,</SJDOC>
          <PGS>61786</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24997</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Petroleum Environmental Research Forum,</SJDOC>
          <PGS>61786</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24992</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Antitrust</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Antitrust Division</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Appalachian States</EAR>
      <HD>Appalachian States Low-Level Radioactive Waste Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Annual Meeting,</DOC>
          <PGS>61737</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24999</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Army</EAR>
      <HD>Army Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Engineers Corps</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Centers Disease</EAR>
      <HD>Centers for Disease Control and Prevention</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Disease, Disability, and Injury Prevention and Control Special Emphasis Panel,</SJDOC>
          <PGS>61756</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25010</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health,</SJDOC>
          <PGS>61756</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24964</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Statement of Organization, Functions, and Delegations of Authority,</DOC>
          <PGS>61757-61761</PGS>
          <FRDOCBP D="4" T="11OCN1.sgm">2012-24771</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Children</EAR>
      <HD>Children and Families Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Single-Source Grant Awards:</SJ>
        <SJDENT>
          <SJDOC>Native American Fatherhood and Families Association, Mesa, AZ,</SJDOC>
          <PGS>61761</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25018</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Facility Security Officer Training Requirements,</SJDOC>
          <PGS>61771-61772</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25055</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Industry and Security Bureau</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>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Patent and Trademark Office</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Community Living Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Delegations of Authority,</DOC>
          <PGS>61761</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25013</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Engineers Corps</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Navy Department</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Department of Transportation</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Pipeline and Hazardous Materials Safety Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Employment and Training</EAR>
      <HD>Employment and Training Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Workforce Investment Act:</SJ>
        <SJDENT>
          <SJDOC>Lower Living Standard Income Level; Correction,</SJDOC>
          <PGS>61789-61790</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25007</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy Department</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Energy Regulatory Commission</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Interagency Steering Committee on Multimedia Environmental Modeling,</SJDOC>
          <PGS>61748-61749</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24982</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Engineers</EAR>
      <HD>Engineers Corps</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Danger Zones:</SJ>
        <SJDENT>
          <SJDOC>Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA,</SJDOC>
          <PGS>61721-61723</PGS>
          <FRDOCBP D="2" T="11OCR1.sgm">2012-24991</FRDOCBP>
        </SJDENT>
        <SJ>Restricted Areas:</SJ>
        <SJDENT>
          <SJDOC>Felgates Creek and Indian Field Creek along York River in Yorktown, VA,</SJDOC>
          <PGS>61723-61724</PGS>
          <FRDOCBP D="1" T="11OCR1.sgm">2012-24994</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Partial Approvals and Partial Disapprovals of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Florida, Mississippi, and South Carolina; Transport requirements for the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards,</SJDOC>
          <PGS>61724-61727</PGS>
          <FRDOCBP D="3" T="11OCR1.sgm">2012-24897</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Executive Office of the President</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Trade Representative, Office of United States</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Applications for Final Commitments for Long-term Loans or Financial Guarantees in Excess of 100 Million Dollars,</DOC>
          <PGS>61749-61751</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24981</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24983</FRDOCBP>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25000</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>61751</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25122</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Pilot, Flight Instructor, and Pilot School Certification; Technical Amendment,</DOC>
          <PGS>61721</PGS>
          <FRDOCBP D="0" T="11OCR1.sgm">2012-25034</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>The Boeing Company Airplanes,</SJDOC>
          <PGS>61731-61734</PGS>
          <FRDOCBP D="3" T="11OCP1.sgm">2012-24954</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Deposit</EAR>
      <HD>Federal Deposit Insurance Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Terminations of Receiverships:</SJ>
        <SJDENT>
          <SJDOC>10132 - Bank of Elmwood, Racine, WI,</SJDOC>
          <PGS>61751</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25005</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Election</EAR>
      <HD>Federal Election Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>61751</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25125</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Emergency</EAR>
      <PRTPAGE P="iv"/>
      <HD>Federal Emergency Management Agency</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Crisis Counseling Assistance and Training Program,</SJDOC>
          <PGS>61772-61774</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-25033</FRDOCBP>
        </SJDENT>
        <SJ>Major Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>Alabama; Amendment No. 1,</SJDOC>
          <PGS>61774</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25031</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Louisiana; Amendment No. 13,</SJDOC>
          <PGS>61774</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25057</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>New Mexico; Amendment No. 1,</SJDOC>
          <PGS>61774</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25058</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Cancellation; Board of Visitors, National Fire Academy,</SJDOC>
          <PGS>61775</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25095</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Electricity Market Transparency Provisions of Section 220 of the Federal Power Act,</DOC>
          <PGS>61896-61936</PGS>
          <FRDOCBP D="40" T="11OCR2.sgm">2012-23746</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Highway</EAR>
      <HD>Federal Highway Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Final Federal Agency Actions on Proposed Highways:</SJ>
        <SJDENT>
          <SJDOC>Illinois,</SJDOC>
          <PGS>61825</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24700</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Texas,</SJDOC>
          <PGS>61822-61824</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-25004</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Maritime</EAR>
      <HD>Federal Maritime Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agreements Filed,</DOC>
          <PGS>61751-61752</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25044</FRDOCBP>
        </DOCENT>
        <SJ>Ocean Transportation Intermediary Licenses:</SJ>
        <SJDENT>
          <SJDOC>Applicants,</SJDOC>
          <PGS>61752-61753</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25049</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Reissuances,</SJDOC>
          <PGS>61752</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25050</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Revocations,</SJDOC>
          <PGS>61752</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25041</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Reserve</EAR>
      <HD>Federal Reserve System</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Formations of, Acquisitions by, and Mergers of Bank Holding Companies,</DOC>
          <PGS>61753</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24978</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Trade</EAR>
      <HD>Federal Trade Commission</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Guides for the Use of Environmental Marketing Claims,</DOC>
          <PGS>62122-62132</PGS>
          <FRDOCBP D="10" T="11OCR3.sgm">2012-24713</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Granting of Early Termination of Waiting Period under Premerger Notification Rules,</DOC>
          <PGS>61753-61755</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24899</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fiscal</EAR>
      <HD>Fiscal Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Surety Companies Acceptable on Federal Bonds; Change in Business Address:</SJ>
        <SJDENT>
          <SJDOC>Hudson Insurance Co.,</SJDOC>
          <PGS>61828</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24780</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Endangered and Threatened Wildlife and Plants:</SJ>
        <SJDENT>
          <SJDOC>Listing Taylors Checkerspot Butterfly and Streaked Horned Lark and Designation of Critical Habitat,</SJDOC>
          <PGS>61938-62058</PGS>
          <FRDOCBP D="120" T="11OCP3.sgm">2012-24465</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Status for Cape Sable Thoroughwort, Florida Semaphore Cactus, and Aboriginal Prickly-apple, and Designation of Critical Habitat for Cape Sable Thoroughwort,</SJDOC>
          <PGS>61836-61894</PGS>
          <FRDOCBP D="58" T="11OCP2.sgm">2012-24466</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food and Drug</EAR>
      <HD>Food and Drug Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Healthcare Professional Survey of Prescription Drug Promotion,</SJDOC>
          <PGS>61761-61767</PGS>
          <FRDOCBP D="6" T="11OCN1.sgm">2012-24973</FRDOCBP>
        </SJDENT>
        <SJ>Courses:</SJ>
        <SJDENT>
          <SJDOC>Science of Small Clinical Trials,</SJDOC>
          <PGS>61767-61768</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24977</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Neurological Devices Panel of Medical Devices Advisory Committee,</SJDOC>
          <PGS>61768-61769</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24974</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food Safety</EAR>
      <HD>Food Safety and Inspection Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Codex Alimentarius Commission, Codex Committee on Food Hygiene,</SJDOC>
          <PGS>61736-61737</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25001</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Disease Control and Prevention</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Children and Families Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Community Living Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Institutes of Health</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Performance Review Board Members,</DOC>
          <PGS>61755</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25015</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Emergency Management Agency</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>U.S. Citizenship and Immigration Services</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>Generic Customer Satisfaction Surveys,</SJDOC>
          <PGS>61777-61778</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24965</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Housing Counseling Program; Correction,</SJDOC>
          <PGS>61776-61777</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24962</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Indian Affairs</EAR>
      <HD>Indian Affairs Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Liquor Ordinance to Allow for On-Sale Liquor Transactions:</SJ>
        <SJDENT>
          <SJDOC>Shakopee Mdewakanton Sioux Community,</SJDOC>
          <PGS>61778-61780</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-25025</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Preparation of 2013 American Indian Population and Labor Force Report,</DOC>
          <PGS>61780-61781</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24960</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Industry</EAR>
      <HD>Industry and Security Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Sensors and Instrumentation Technical Advisory Committee,</SJDOC>
          <PGS>61737</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25036</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>Indian Affairs Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Land Management Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Park Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Reclamation Bureau</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Internal Revenue</EAR>
      <HD>Internal Revenue Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>61828-61834</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24938</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24946</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25037</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25043</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25045</FRDOCBP>
        </DOCENT>
      </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>Circular Welded Carbon Steel Pipes and Tubes from Thailand,</SJDOC>
          <PGS>61738-61739</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25040</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Applications for Duty-Free Entry of Scientific Instruments,</DOC>
          <PGS>61739-61740</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25052</FRDOCBP>
        </DOCENT>
        <SJ>Applications for Duty-Free Entry of Scientific Instruments:</SJ>
        <SJDENT>
          <SJDOC>Argonne National Laboratory,</SJDOC>
          <PGS>61740</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25054</FRDOCBP>
        </SJDENT>
        <PRTPAGE P="v"/>
        <SJ>Calls for Applications:</SJ>
        <SJDENT>
          <SJDOC>International Buyer Program Calendar Years 2014 and 2015,</SJDOC>
          <PGS>61740-61742</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24926</FRDOCBP>
        </SJDENT>
        <SJ>Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Certain Lined Paper Products from India,</SJDOC>
          <PGS>61742-61744</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24815</FRDOCBP>
        </SJDENT>
        <SJ>Export Trade Certificates of Review:</SJ>
        <SJDENT>
          <SJDOC>Alaska Longline Cod Commission, Application No. 10-3A001,</SJDOC>
          <PGS>61744</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24881</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Northwest Fruit Exporters, Application No. 84-23A12,</SJDOC>
          <PGS>61744-61745</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25029</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Antitrust Division</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Office on Violence Against Women,</SJDOC>
          <PGS>61785</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24984</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Labor Department</EAR>
      <HD>Labor Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Employment and Training Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Agreement Approval Process for Use of Functional Affirmative Action Programs,</SJDOC>
          <PGS>61787-61788</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24989</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Data Sharing Agreement Program,</SJDOC>
          <PGS>61786-61787</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24986</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Medical Support Notice, Part B,</SJDOC>
          <PGS>61788-61789</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24993</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Workforce Investment Act Adult and Dislocated Worker Programs Gold Standard Evaluation Follow-Up Surveys, Veterans Study, and Cost Data,</SJDOC>
          <PGS>61789</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25006</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Pecos District Resource Advisory Council, New Mexico,</SJDOC>
          <PGS>61781</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25017</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Scientific Review,</SJDOC>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24944</FRDOCBP>
          <PGS>61770</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24945</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Human Genome Research Institute,</SJDOC>
          <PGS>61770-61771</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24943</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Environmental Health Sciences,</SJDOC>
          <PGS>61771</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24941</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute on Alcohol Abuse and Alcoholism,</SJDOC>
          <PGS>61769-61770</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24942</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Office of the Director, National Institutes of Health,</SJDOC>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24939</FRDOCBP>
          <PGS>61769</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24940</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Atlantic Highly Migratory Species:</SJ>
        <SJDENT>
          <SJDOC>Vessel Monitoring Systems,</SJDOC>
          <PGS>61727-61728</PGS>
          <FRDOCBP D="1" T="11OCR1.sgm">2012-25009</FRDOCBP>
        </SJDENT>
        <SJ>Fisheries Off West Coast States:</SJ>
        <SJDENT>
          <SJDOC>Modifications of West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions No. 15 through No. 21,</SJDOC>
          <PGS>61728-61730</PGS>
          <FRDOCBP D="2" T="11OCR1.sgm">2012-25039</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Permits:</SJ>
        <SJDENT>
          <SJDOC>Endangered Species; File No. 16803,</SJDOC>
          <PGS>61745</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25011</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Intents to Repatriate Cultural Items:</SJ>
        <SJDENT>
          <SJDOC>Maxey Museum, Whitman College, Walla Walla, WA; Correction,</SJDOC>
          <PGS>61781-61782</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25048</FRDOCBP>
        </SJDENT>
        <SJ>Inventory Completions:</SJ>
        <SJDENT>
          <SJDOC>Washington State Parks and Recreation Commission, Olympia, WA,</SJDOC>
          <PGS>61782-61783</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25046</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>National Register of Historic Places; Pending Nominations and Related Actions,</DOC>
          <PGS>61783-61784</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24958</FRDOCBP>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24959</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Science</EAR>
      <HD>National Science Foundation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Committee on Equal Opportunities in Science and Engineering,</SJDOC>
          <PGS>61790</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24933</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Transportation</EAR>
      <HD>National Transportation Safety Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; Systems of Records,</DOC>
          <PGS>62060-62088</PGS>
          <FRDOCBP D="28" T="11OCN2.sgm">2012-24966</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Navy</EAR>
      <HD>Navy Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Guam and Commonwealth of Northern Mariana Islands Military Relocation (2012 Roadmap Adjustments),</SJDOC>
          <PGS>61746-61748</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24972</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Government-Owned Inventions; Available for Licensing,</DOC>
          <PGS>61748</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24967</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Facility Operating Licenses:</SJ>
        <SJDENT>
          <SJDOC>Pacific Gas and Electric, Diablo Canyon Power Plant, Units 1 and 2; Amendment Application; Withdrawal,</SJDOC>
          <PGS>61790-61791</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24996</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards Subcommittee on US-APWR,</SJDOC>
          <PGS>61791</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25003</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Office of United States Trade Representative</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Trade Representative, Office of United States</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Patent</EAR>
      <HD>Patent and Trademark Office</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Changes and Examination Guidelines to Implement First-Inventor-to-File Provisions of Leahy-Smith America Invents Act:</SJ>
        <SJDENT>
          <SJDOC>Reopening of Period for Comments,</SJDOC>
          <PGS>61735</PGS>
          <FRDOCBP D="0" T="11OCP1.sgm">2012-25042</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>61745-61746</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25020</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Personnel</EAR>
      <HD>Personnel Management Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; Systems of Records,</DOC>
          <PGS>61791-61794</PGS>
          <FRDOCBP D="3" T="11OCN1.sgm">2012-25030</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Pipeline</EAR>
      <HD>Pipeline and Hazardous Materials Safety Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Pipeline Safety; Pipeline Data,</SJDOC>
          <PGS>61825-61826</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24976</FRDOCBP>
        </SJDENT>
        <SJ>Pipeline Safety Advisory Bulletins:</SJ>
        <SJDENT>
          <SJDOC>Communication During Emergency Situations,</SJDOC>
          <PGS>61826-61827</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24975</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Public Debt</EAR>
      <HD>Public Debt Bureau</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Fiscal Service</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Reclamation</EAR>
      <HD>Reclamation Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Colorado River Basin Salinity Control Advisory Council,</SJDOC>
          <PGS>61784</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-25014</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <PRTPAGE P="vi"/>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>BOX Options Exchange LLC,</SJDOC>
          <PGS>61808-61810</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24956</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>EDGA Exchange, Inc,</SJDOC>
          <PGS>61800-61802</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24979</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>EDGX Exchange, Inc.,</SJDOC>
          <PGS>61797-61799</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24980</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ OMX PHLX LLC,</SJDOC>
          <PGS>61794-61795</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24955</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ Stock Market LLC,</SJDOC>
          <PGS>61810-61815</PGS>
          <FRDOCBP D="5" T="11OCN1.sgm">2012-24968</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE Arca, Inc.,</SJDOC>
          <PGS>61795-61797, 61803-61808</PGS>
          <FRDOCBP D="4" T="11OCN1.sgm">2012-24957</FRDOCBP>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24969</FRDOCBP>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-24970</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>California; Amendment 1,</SJDOC>
          <PGS>61815</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24950</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>Petition to Classify Special Immigrant under INA 203(b)(4) as  Employee or Former Employee of U.S. Government Abroad,</SJDOC>
          <PGS>61815-61816</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25028</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>State Justice</EAR>
      <HD>State Justice Institute</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Grant Guidelines for FY 2013,</DOC>
          <PGS>62090-62119</PGS>
          <FRDOCBP D="29" T="11OCN3.sgm">2012-24990</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Trade Representative</EAR>
      <HD>Trade Representative, Office of United States</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Trade Policy Staff Committee;  Request for Comments:</SJ>
        <SJDENT>
          <SJDOC>Granting Certain Trade Benefits to Aruba, Curacao, Sint Maarten, Turks and Caicos Islands, Bahamas, etc.,</SJDOC>
          <PGS>61816-61817</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25063</FRDOCBP>
        </SJDENT>
        <SJ>World Trade Organization Dispute Settlement Proceedings:</SJ>
        <SJDENT>
          <SJDOC>Anti-Dumping and Countervailing Duties on Certain Automobiles from United States,</SJDOC>
          <PGS>61818-61819</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25053</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>United States Countervailing and Anti-Dumping Measures on Certain Products from China,</SJDOC>
          <PGS>61819-61820</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25061</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Transportation Department</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Highway Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Pipeline and Hazardous Materials Safety Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Rights and Protections Available under Federal Antidiscrimination and Whistleblower Protection Laws,</DOC>
          <PGS>61820-61822</PGS>
          <FRDOCBP D="2" T="11OCN1.sgm">2012-25008</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Fiscal Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Internal Revenue Service</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Federal Advisory Committee on Insurance,</SJDOC>
          <PGS>61827-61828</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-25002</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>U.S. Citizenship</EAR>
      <HD>U.S. Citizenship and Immigration Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Petition for Alien Fiance(e),</SJDOC>
          <PGS>61776</PGS>
          <FRDOCBP D="0" T="11OCN1.sgm">2012-24963</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Petition for Qualifying Family Member of U-1 Nonimmigrant,</SJDOC>
          <PGS>61775-61776</PGS>
          <FRDOCBP D="1" T="11OCN1.sgm">2012-24961</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>61836-61894</PGS>
        <FRDOCBP D="58" T="11OCP2.sgm">2012-24466</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Energy Department, Federal Energy Regulatory Commission,</DOC>
        <PGS>61896-61936</PGS>
        <FRDOCBP D="40" T="11OCR2.sgm">2012-23746</FRDOCBP>
      </DOCENT>
      <HD>Part IV</HD>
      <DOCENT>
        <DOC>Interior Department, Fish and Wildlife Service,</DOC>
        <PGS>61938-62058</PGS>
        <FRDOCBP D="120" T="11OCP3.sgm">2012-24465</FRDOCBP>
      </DOCENT>
      <HD>Part V</HD>
      <DOCENT>
        <DOC>National Transportation Safety Board,</DOC>
        <PGS>62060-62088</PGS>
        <FRDOCBP D="28" T="11OCN2.sgm">2012-24966</FRDOCBP>
      </DOCENT>
      <HD>Part VI</HD>
      <DOCENT>
        <DOC>State Justice Institute,</DOC>
        <PGS>62090-62119</PGS>
        <FRDOCBP D="29" T="11OCN3.sgm">2012-24990</FRDOCBP>
      </DOCENT>
      <HD>Part VII</HD>
      <DOCENT>
        <DOC>Federal Trade Commission,</DOC>
        <PGS>62122-62132</PGS>
        <FRDOCBP D="10" T="11OCR3.sgm">2012-24713</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>197</NO>
  <DATE>Thursday, October 11, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="61721"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 61</CFR>
        <DEPDOC>[Docket No. FAA-2006-26661; Amdt. No. 61-129A]</DEPDOC>
        <RIN>RIN 2120-AI86</RIN>
        <SUBJECT>Pilot, Flight Instructor, and Pilot School Certification; Technical Amendment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration, DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; technical amendment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The FAA is correcting a final rule; technical amendment published on December 16, 2011 (76 FR 78141). This final rule; technical amendment was originally published to correct a final rule published on August 21, 2009 (74 FR 42500). In that original final rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. A portion of the codified text was inadvertently deleted and this document corrects that error.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective:</E>October 11, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For technical questions concerning this action, contact Jeffrey Smith, Airmen Certification and Training Branch, AFS-810, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 493-4789; email to<E T="03">jeffrey.smith@faa.gov.</E>
          </P>

          <P>For legal questions concerning this action, contact Paul G. Greer, Office of the Chief Counsel, Regulations Division, AGC-210, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email<E T="03">Paul.G.Greer@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Technical Amendment</HD>
        <P>On December 16, 2011 (76 FR 78141), the FAA published a final rule; technical amendment. This final rule; technical amendment was originally published to correct a final rule published on August 21, 2009 (74 FR 42500). That original final rule revised the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. The FAA is now issuing an additional final rule; technical amendment that corrects the codified text that was inadvertently deleted in § 61.23.</P>
        <P>Because the changes in this technical amendment result in no substantive change, we find good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 61</HD>
          <P>Aircraft, Airmen, Aviation safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Amendment</HD>
        <P>In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows:</P>
        <REGTEXT PART="61" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 61 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="61" TITLE="14">
          <AMDPAR>2. Amend § 61.23 by revising paragraph (c) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 61.23</SECTNO>
            <SUBJECT>Medical certificates: requirement and duration.</SUBJECT>
            <STARS/>
            <P>(c)<E T="03">Operations requiring either a medical certificate or U.S. driver's license.</E>(1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. driver's license when—</P>
            <P>(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light-sport aircraft other than a glider or balloon;</P>
            <P>(ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than a glider or balloon;</P>
            <P>(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in command or serving as a required flight crewmember of a light-sport aircraft other than a glider or balloon; or</P>
            <P>(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a light-sport aircraft other than a glider or balloon.</P>
            <P>(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—</P>
            <P>(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or administrative order applying to the operation of a motor vehicle;</P>
            <P>(ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate);</P>
            <P>(iii) Not have had his or her most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn; and</P>
            <P>(iv) Not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Washington, DC, on October 1, 2012.</DATED>
          <NAME>Lirio Liu,</NAME>
          <TITLE>Acting Director, Office of Rulemaking.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25034 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army, Corps of Engineers</SUBAGY>
        <CFR>33 CFR Part 334</CFR>
        <SUBJECT>Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA; Danger Zone</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Army Corps of Engineers, Department of Defense.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <PRTPAGE P="61722"/>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Army Corps of Engineers (Corps) is amending an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility flight range capabilities have been expanded to accommodate larger classes of orbital rockets. This amendment increases the permanent danger zone to a 30 nautical mile sector and is necessary to protect the public from hazards associated with rocket-launching operations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 12, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. Olson), 441 G Street NW., Washington, DC 20314-1000.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202-761-4922, or Ms. Nancy Hankins, Corps of Engineers, Norfolk District, Regulatory Branch, at 757-201-6048.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Executive Summary</HD>
        <P>The purpose of this regulatory action is to amend an existing danger zone to accommodate larger classes of orbital rockets. This amendment increases the permanent danger zone to a 30 nautical mile sector and is necessary to protect the public from hazards associated with rocket-launching operations.</P>
        <P>The Corps authority to amend this restricted area is Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3).</P>
        <HD SOURCE="HD1">Background</HD>
        <P>Pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps is amending the regulations in 33 CFR part 334 by establishing a new permanent danger zone, in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The modification to the regulations is described below.</P>

        <P>The proposed rule was published in the October 11, 2011, issue of the<E T="04">Federal Register</E>(76 FR 62692), and its regulations.gov docket number is COE-2011-0019. There were two comments received in response to the proposed rule. First, we received a response from the Commonwealth of Virginia Department of Conservation and Recreation stating that they do not anticipate that the project will adversely impact natural resources. Second, we received comments from the Town of Chincoteague, Virginia informing us of their space tourism plan and requesting confirmation that their proposed tourist viewing areas would not be in conflict with the new danger zone. In response, NASA met with the Town of Chincoteague and together they developed a communication plan that will ensure public safety during launching operations.</P>
        <HD SOURCE="HD1">Procedural Requirements</HD>
        <P>a.<E T="03">Review under Executive Order 12866.</E>This rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply.</P>
        <P>b.<E T="03">Review under the Regulatory Flexibility Act.</E>This rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) which requires the preparation of a regulatory flexibility analysis for any regulation that will have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). The Corps determined that this regulation would have practically no economic impact on the public nor would it result in any anticipated navigational hazard or interference with existing waterway traffic. This regulation will have no significant economic impact on small entities.</P>
        <P>c.<E T="03">Review under the National Environmental Policy Act.</E>This rule will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment has been prepared and it may be reviewed at the district office listed at the end of the<E T="02">FOR FURTHER INFORMATION CONTACT</E>above.</P>
        <P>d.<E T="03">Unfunded Mandates Act.</E>This rule does not impose an enforceable duty on the private sector and, therefore, it is not a Federal private sector mandate and is not subject to the requirements of either Section 202 or Section 205 of the Unfunded Mandates Reform Act. (Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. 1501<E T="03">et seq.</E>) We have also found under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rulemaking.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 334</HD>
          <P>Danger zones, Marine safety, Navigation (water), Restricted areas, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons set out in the preamble, the Corps amends 33 CFR part 334 as follows:</P>
        <REGTEXT PART="334" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 33 CFR part 334 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3).</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="334" TITLE="33">
          <AMDPAR>2. Revise § 334.130 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 334.130</SECTNO>
            <SUBJECT>Atlantic Ocean off Wallops Island and Chincoteague Inlet, Va.; danger zone.</SUBJECT>
            <P>(a)<E T="03">The area.</E>An area immediately behind and directly offshore from Wallops Island defined by lines drawn as follows: Beginning at latitude 37°53′00″ N, longitude 75°29′48″ W; thence to latitude 37°53′03″ N, longitude 74°50′52″ W; thence to latitude 37°38′28″ N, longitude 74°51′48″ W; thence to latitude 37°22′00″ N, longitude 75°09′35″ W; thence to latitude 37°19′11″ N, longitude 75°30′00″ W; thence to latitude 37°47′57″ N, longitude 75°32′19″ W; and thence to latitude 37°53′00″ N, longitude 75°29′48″ W.</P>
            <P>(b)<E T="03">The regulations.</E>(1) Persons and vessels shall only be prohibited from entering the area when launch operations are being conducted.</P>
            <P>(2) In advance of scheduled launch operations which, in the opinion of the enforcing agency, may be dangerous to persons and watercraft, appropriate warnings will be issued to navigation interests through official government and civilian channels or in such other manner as the District Engineer, U.S. Army Corps of Engineers, may direct. Such warnings will specify the location, time, and duration of operations, and give other pertinent information as may be required in the interests of safety. Announcement of area of closure will appear in the weekly “Notice to Mariners.”</P>
            <P>(3) The intent to conduct rocket-launching operations in the area shall also be indicated by visual signals consisting of a large orange-colored “blimp-shaped” balloon by day and a rotating alternately red and white beacon by night. The balloon shall be flown at latitude 37°50′38″ N, longitude 75°28′47″ W and the beacon shall be displayed about 200 feet above mean high water at latitude 37°50′16″ N, longitude 75°29′07″ W. The appropriate signals shall be displayed 30 minutes prior to rocket-launching time and shall remain displayed until the danger no longer exists.</P>

            <P>(4) In addition to visual signals and prior to conducting launch operations, the area will be patrolled by aircraft or surface vessels and monitored by radars and cameras to ensure no persons or watercraft are within the danger zone or<PRTPAGE P="61723"/>designated area of interest within the danger zone. Patrol aircraft and surface vessels are equipped with marine band radios and may attempt to hail watercraft and request that they leave the designated area and remain clear of the area at a safe distance until launch operations are complete, and launch will not occur until the designated area is clear. Patrol aircraft may also employ the method of warning known as “buzzing” which consists of low flight by the airplane and repeated opening and closing of the throttle. Surveillance vessels may also come close to watercraft and employ flashing light to establish communications to indicate that the watercraft is entering the designated hazard area.</P>
            <P>(5) Any watercraft being so warned shall immediately leave the designated area until the conclusion of launch operations, and shall remain at a distance to ensure that it will be safe from falling debris.</P>
            <P>(6) Nothing in this regulation shall be intended to prevent commercial fishing or the lawful use of approved waterfowl hunting blinds along the shorelines of the Wallops Flight Facility at Wallops Island, Virginia, provided that all necessary licenses and permits have been obtained from the Virginia Marine Resources Commission, Virginia Department of Game and Inland Fisheries, and U.S. Fish and Wildlife Service. Commercial fishermen and waterfowl hunters must observe all warnings and range clearances during hazardous range operations.</P>
            <P>(c)<E T="03">Enforcement.</E>The regulations in this section shall be enforced by the Director, National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility Wallops Island, Va., or such agencies as he or she may designate.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: October 2, 2012.</DATED>
          <NAME>James R. Hannon,</NAME>
          <TITLE>Chief, Operations and Regulatory, Directorate of Civil Works.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24991 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3720-58-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Army, Corps of Engineers</SUBAGY>
        <CFR>33 CFR Part 334</CFR>
        <SUBJECT>Felgates Creek and Indian Field Creek Along the York River in Yorktown, VA; Restricted Area</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Army Corps of Engineers, Department of Defense.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Corps of Engineers is amending an existing restricted area to include the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia. Naval Weapons Station Yorktown requested the Corps of Engineers modify the existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by Commander, Naval Weapons Station Yorktown.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective date:</E>November 13, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202-761-4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District, Regulatory Branch, at 757-201-7122.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Executive Summary</HD>
        <P>The purpose of this regulatory action is to amend an existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by the Commander, Naval Weapons Station Yorktown.</P>
        <P>The Corps authority to amend this restricted area is Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3).</P>
        <HD SOURCE="HD1">Background</HD>
        <P>The proposed rule was published in the April 4, 2012, edition of the Federal Register (77 FR 20331) and the regulations.gov docket number was COE-2011-0038. In response to the proposal, three comments were received. The commenters stated that the proposed rule will have no effect on historic properties and no adverse impacts on natural heritage resources.</P>
        <P>In response to a request by the United States Navy, and pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps of Engineers is amending 33 CFR 334.260 to include a permanent restricted area, in the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia.</P>
        <HD SOURCE="HD1">Procedural Requirements</HD>
        <P>
          <E T="03">a. Review Under Executive Order 12866.</E>This rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply.</P>
        <P>
          <E T="03">b. Review Under the Regulatory Flexibility Act.</E>This rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) which requires the preparation of a regulatory flexibility analysis for any regulation that will have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). The Corps determined that the restricted area amendment will have practically no economic impact on the public, no anticipated navigational hazard, and no interference with existing waterway traffic. This rule will have no significant economic impact on small entities.</P>
        <P>
          <E T="03">c. Review Under the National Environmental Policy Act.</E>This rule will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. An environmental assessment has been prepared. It may be reviewed at the District office listed at the end of the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section, above.</P>
        <P>
          <E T="03">d. Unfunded Mandates Act.</E>This rule does not impose an enforceable duty among the private sector and, therefore, is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. 1501<E T="03">et seq.</E>). We have also found under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rule.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 33 CFR Part 334</HD>
          <P>Danger zones, Marine safety, Navigation (water), Restricted areas, Waterways.</P>
        </LSTSUB>
        
        <P>For the reasons set out in the preamble, the Corps amends 33 CFR part 334 as follows:</P>
        <REGTEXT PART="334" TITLE="33">
          <PART>
            <HD SOURCE="HED">PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 33 CFR part 334 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3).</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="334" TITLE="33">
          <AMDPAR>2. Revise § 334.260 to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 334.260</SECTNO>
            <SUBJECT>York River, Va.; naval restricted areas.</SUBJECT>
            <P>(a)<E T="03">The areas</E>—(1)<E T="03">Naval mine service-testing area (prohibited).</E>A rectangular area surrounding Piers 1 and 2, Naval Weapons Station, and extending upstream therefrom, beginning at a point on the shore line at latitude 37°15′25″ N, longitude 76°32′32″ W; thence to latitude 37°15′42″ N,<PRTPAGE P="61724"/>longitude 76°32′06″ W; thence to latitude 37°15′27″ N, longitude 76°31′48″ W; thence to latitude 37°15′05″ N, longitude 76°31′27″ W; thence to a point on the shore line at latitude 37°14′51″ N, longitude 76°31′50″ W; and thence along the shore line to the point of beginning.</P>
            <P>(2)<E T="03">Naval mine service-testing area (restricted).</E>A rectangular area adjacent to the northeast boundary of the prohibited area described in paragraph (a)(1) of this section, beginning at latitude 37°16′00″ N, longitude 76°32′29″ W; thence to latitude 37°16′23″ N, longitude 76°32′00″ W; thence to latitude 37°15′27″ N, longitude 76°30′54″ W; thence to latitude 37°15′05″ N, longitude 76°31′27″ W; thence to latitude 37°15′27″ N, longitude 76°31′48″ W; thence to latitude 37°15′42″ N, longitude 76°32′06″ W; thence to latitude 37°15′40″ N, longitude 76°32′09″ W; and thence to the point of beginning.</P>
            <P>(3)<E T="03">Explosives-Handling Berth (Naval).</E>A circular area of 600 yards radius with its center at latitude 37°13′56″ N, longitude 76°28′48″ W.</P>
            <P>(4)<E T="03">Felgates Creek (prohibited).</E>Navigable waters of the United States as defined at 33 CFR part 329 within Felgates Creek from the boundary fence line at the mouth to the mean high water line of the head and all associated tributaries. The area contains the entirety of Felgates Creek and all associated tributaries south of the line which begins at latitude 37°16′24″ N, longitude 76°35′12″ W and extends east to latitude 37°16′21″ N, longitude 76°35′00″ W.</P>
            <P>(5)<E T="03">Indian Field Creek (prohibited).</E>Navigable waters of the United States as defined at 33 CFR part 329 within Indian Field Creek from the boundary fence line at the mouth to the mean high water line of the head and all associated tributaries. The area contains the entirety of Indian Field Creek and all associated tributaries south of the line which begins at latitude 37°16′05″ N, longitude 76°33′29″ W and extends east to latitude 37°16′01″ N, longitude 76°33′22″ W.</P>
            <P>(b)<E T="03">The regulations.</E>(1) All persons and all vessels other than naval craft are forbidden to enter the prohibited area described in paragraph (a)(1) of this section.</P>
            <P>(2) Trawling, dragging, and net-fishing are prohibited, and no permanent obstructions may at any time be placed in the area described in paragraph (a)(2) of this section. Upon official notification, any vessel anchored in the area and any person in the area will be required to vacate the area during the actual mine-laying operation. Persons and vessels entering the area during mine-laying operations by aircraft must proceed directly through the area without delay, except in case of emergency. Naval authorities are required to publish advance notice of mine-laying and/or retrieving operations scheduled to be carried on in the area, and during such published periods of operation, fishing or other aquatic activities are forbidden in the area. No vessel will be denied passage through the area at any time during either mine-laying or retrieving operations.</P>
            <P>(3) The Explosives-Handling Berth (Naval) described in paragraph (a)(3) of this section is reserved for the exclusive use of naval vessels and except in cases of emergency no other vessel shall anchor therein without the permission of local naval authorities, obtained through the Captain of the Port, U.S. Coast Guard, Norfolk, Virginia. There shall be no restriction on the movement of vessels through the Explosive-Handling Berth.</P>
            <P>(4) Vessels shall not be anchored, nor shall persons in the water approach within 300 yards of the perimeter of the Explosives-Handling Berth (Naval) when that berth is occupied by a vessel handling explosives.</P>
            <P>(5) All persons and all vessels are forbidden to enter the prohibited areas described in paragraphs (a)(4) and (a)(5) of this section without prior permission of the enforcing agency.</P>
            <P>(6) The regulations of this section shall be enforced by the Commander, Naval Weapons Station Yorktown, Virginia, and such agencies as he/she may designate.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <DATED>Dated: October 1, 2012.</DATED>
          <NAME>James R. Hannon,</NAME>
          <TITLE>Chief, Operations and Regulatory Directorate of Civil Works.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24994 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3720-58-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R04-OAR-2012-0553; FRL-9738-9]</DEPDOC>
        <SUBJECT>Partial Approval and Partial Disapproval of Air Quality Implementation Plans for Florida, Mississippi, and South Carolina; Section 110(a)(2)(D)(i)(I) Transport Requirements for the 2006 24-Hour Fine Particulate Matter 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 taking final action to partially approve and partially disapprove revisions to the State Implementation Plans (SIPs) for Florida, Mississippi, and South Carolina submitted on September 23, 2009, October 6, 2009, and September 18, 2009, respectively. EPA is approving the determinations, contained in those submittals, that the existing SIPs for Florida, Mississippi, and South Carolina are adequate to meet the obligation under section 110(a)(2)(D)(i)(I) of the Clean Air Act (CAA or Act) to address interstate transport requirements with regard to the 2006 24-hour particulate matter (PM<E T="52">2.5</E>) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements contained in section 110(a)(2)(D)(i)(I) of the CAA prohibit a state's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. EPA is approving the States' determinations that their existing SIPs satisfy this requirement and conclusion that additional control measures are not necessary under section 110(a)(2)(D)(i)(I) because emissions from Florida, Mississippi and South Carolina do not contribute significantly to nonattainment or interfere with maintenance of the 2006 24-hour PM<E T="52">2.5</E>NAAQS in any other state. EPA is also disapproving the SIP submissions from Florida, Mississippi and South Carolina to the extent that they rely on the Clean Air Interstate Rule (CAIR) to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS. Because CAIR does not address the 2006 PM<E T="52">2.5</E>NAAQS, it cannot be relied upon to satisfy any requirements related to that NAAQS.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This rule will be effective on November 13, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0553. All documents in the docket are listed on the<E T="03">www.regulations.gov</E>Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and<PRTPAGE P="61725"/>Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30 excluding federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Sean Lakeman, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be reached via electronic mail at<E T="03">lakeman.sean@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. Background</FP>
          <FP SOURCE="FP-2">II. Final Action</FP>
          <FP SOURCE="FP-2">III. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. Background</HD>
        <P>On September 21, 2006, EPA revised the 24-hour average PM<E T="52">2.5</E>primary and secondary NAAQS from 65 micrograms per cubic meter (μg/m<SU>3</SU>) to 35 μg/m<SU>3</SU>based on a 3-year average of the 98th percentile of 24-hour concentrations.<E T="03">See</E>71 FR 61144 (October 17, 2006). Section 110(a)(1) of the CAA requires states to submit to EPA SIPs that provide for the “implementation, maintenance, and enforcement” of a new or revised NAAQS within 3 years after promulgation of such standards, or within such shorter period as EPA may prescribe.<SU>1</SU>

          <FTREF/>Sections 110(a)(1) and (2) require these submissions to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the NAAQS. EPA thus refers to these submissions as “infrastructure” SIPs. States were required to submit such SIPs to EPA no later than September 21, 2009, for the 2006 24-hour PM<E T="52">2.5</E>NAAQS. SIPs must address the requirements of 110(a)(2), as applicable.</P>
        <FTNT>
          <P>
            <SU>1</SU>The rule establishing the revised PM<E T="52">2.5</E>NAAQS was signed by the Administrator and publically disseminated on September 21, 2006. Because EPA did not prescribe a shorter period for 110(a) “infrastructure” SIP submittals, these submittals were due on September 21, 2009, three years from the September 21, 2006, signature date pursuant to section 110(a)(1) of the CAA.</P>
        </FTNT>

        <P>On September 23, 2009, October 6, 2009, and September 18, 2009, Florida, Mississippi and South Carolina, respectively, provided EPA with infrastructure SIP submissions certifying that the provisions in their current SIPs were adequate to address the CAA section 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS. On July 23, 2012, EPA proposed to partially approve Florida, Mississippi and South Carolina's determination that their existing SIPs satisfy this requirement and to conclude that additional control measures are not necessary under section 110(a)(2)(D)(i)(I) because emissions from these states do not contribute significantly to nonattainment or interfere with maintenance of the 2006 24-hour PM<E T="52">2.5</E>NAAQS in any other state. Additionally, in the same proposal EPA proposed to partially disapprove Florida, Mississippi and South Carolina's determination that their existing SIPs satisfy section 110(a)(2)(D)(i)(I) to the extent that these states relied upon CAIR to meet section 110(a)(2)(D)(i)(I) requirements in their infrastructure submissions for the 2006 PM<E T="52">2.5</E>NAAQS, since CAIR did not address that NAAQS. See EPA's July 23, 2012, proposed rulemaking at 77 FR 43018 for more detail. EPA received no adverse comments on this proposal.</P>

        <P>EPA is taking final action to partially approve and partially disapprove revisions to the SIPs for Florida, Mississippi, and South Carolina submitted on September 23, 2009, October 6, 2009, and September 18, 2009 respectively. EPA is approving the States' determinations that the existing SIPs of Florida, Mississippi, and South Carolina have adequate provisions to satisfy the obligation under section 110(a)(2)(D)(i)(I) of the CAA to address interstate transport requirements with regard to the 2006 24-hour PM<E T="52">2.5</E>NAAQS. This conclusion is based on air quality modeling originally conducted to quantify each individual state's contributions to downwind nonattainment and maintenance areas during the rulemaking process for the Transport Rule (also known as the Cross State Air Pollution Rule or CSAPR). This modeling is described in a technical support document which is in the docket for this rulemaking, Docket ID No., EPA-R04-OAR-2012-0553. This air quality modeling demonstrates that emissions from the states of Florida, Mississippi and South Carolina do not contribute more than one percent of the NAAQS to any downwind areas with nonattainment and maintenance problems with respect to the 2006 PM<E T="52">2.5</E>NAAQS. For this reason, as explained in the proposal, 77 FR 43021, EPA concludes that these states do not contribute significantly to nonattainment or interfere with maintenance of the 2006 PM<E T="52">2.5</E>NAAQS in another state.</P>
        <P>The recent opinion vacating the Transport Rule,<E T="03">EME Homer City Generation</E>v<E T="03">. EPA,</E>No. 11-1302 (D.C. Cir., August 21, 2012), does not alter our conclusion that the existing SIPs for these states adequately address this requirement, and our rationale supporting this conclusion remains the same. Nothing in the<E T="03">Homer City</E>opinion suggests that the air quality modeling on which our July 23, 2012 proposal relied was flawed or invalid for any reason. In addition, nothing in that opinion undermines or calls into question our proposed conclusion that, because emissions from Florida, Mississippi and South Carolina do not contribute more than one percent of the NAAQS to any downwind area with nonattainment or maintenance problems, these states do not contribute significantly to nonattainment or interfere with maintenance in another state. As EPA explained in the proposal, 77 FR 43022, this action does not rely on any requirements of the Transport Rule or emission reductions associated with that rule to support its conclusion that these three states have met their 110(a)(2)(D)(i)(I) obligations with respect to the 2006 PM<E T="52">2.5</E>NAAQS.</P>

        <P>Additionally, EPA is partially disapproving the SIP submissions from Florida, Mississippi and South Carolina to the extent they rely on CAIR to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS. As explained in our July 23, 2012, proposal, 77 FR 43021, a state may not rely on CAIR to satisfy the requirements of section 110(a)(2)(D)(i)(I) with respect to the 2006 PM<E T="52">2.5</E>NAAQS because CAIR addressed only the 1997 PM<E T="52">2.5</E>and 8-hour ozone NAAQS and did not address the 2006 PM<E T="52">2.5</E>NAAQS or any requirements related to that NAAQS. Today's partial disapproval will not trigger any further action, or a Federal Implementation Plan, for these States because today's action does not identify any deficiency in the SIPs. Thus, no further action will be required on the part of Florida, Mississippi, or South Carolina as a result of the partial disapproval because the SIPs themselves are not deficient with respect to the 2006 24-hour PM<E T="52">2.5</E>NAAQS.</P>
        <HD SOURCE="HD1">II. Final Action</HD>

        <P>EPA is taking final action to partially approve and partially disapprove infrastructure submissions from Florida, Mississippi and South Carolina dated September 23, 2009, October 6, 2009 and September 18, 2009, respectively,<PRTPAGE P="61726"/>regarding the 110(a)(2)(D)(i)(I) requirements for the 2006 PM<E T="52">2.5</E>NAAQS. Today's partial disapproval will not trigger a FIP for these States.<E T="03">See</E>EPA's July 23, 2012, proposed rulemaking at 77 FR 43018 for more detail. In this action, EPA is only addressing the SIP revisions respecting section 110(a)(2)(D)(i)(I) for the 2006 PM<E T="52">2.5</E>NAAQS. The SIP revisions pertaining to the remainder of section 110(a)(2)(D)(i) and sections 110(a)(2)(A)-(M), except for sections 110(a)(2)(C) and 110(a)(2)(I) nonattainment area requirements, are being addressed in separate actions.</P>
        <HD SOURCE="HD1">III. Statutory and Executive Order Reviews</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action partially approves state law as meeting federal requirements and partially disapproves state law because it does not meet federal requirements. For that reason, this action:</P>
        <P>• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

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

        <P>• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601<E T="03">et seq.</E>);</P>
        <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
        <P>• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
        <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and</P>
        <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        
        <FP>In addition, this rule does not have tribal implications for Florida and Mississippi as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Further, EPA has determined that this final rule does not have tribal implications for South Carolina as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because there are no “substantial direct effects” on an Indian Tribe as a result of this action. The Catawba Indian Nation Reservation is located within the South Carolina portion of the bi-state Charlotte nonattainment area. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, “all state and local environmental laws and regulations apply to the Catawba Indian Nation and Reservation and are fully enforceable by all relevant state and local agencies and authorities.” Thus, the South Carolina SIP applies to the Catawba Reservation. EPA has also preliminarily determined that these revisions will not impose any substantial direct costs on tribal governments or preempt tribal law.</FP>
        <P>The Congressional Review Act, 5 U.S.C. 801<E T="03">et seq.,</E>as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the<E T="04">Federal Register.</E>A major rule cannot take effect until 60 days after it is published in the<E T="04">Federal Register.</E>This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>

        <P>Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 10, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements.<E T="03">See</E>section 307(b)(2).</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
          <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
        </LSTSUB>
        <SIG>
          <DATED>Dated: September 27, 2012.</DATED>
          <NAME>A. Stanley Meiburg,</NAME>
          <TITLE>Acting Regional Administrator, Region 4.</TITLE>
        </SIG>
        <P>40 CFR part 52 is amended as follows:</P>
        <REGTEXT PART="52" TITLE="40">
          <PART>
            <HD SOURCE="HED">PART 52—[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 K—Florida</HD>
          </SUBPART>

          <AMDPAR>2. Section 52.520(e) is amended by adding a new entry for “110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS” at the end of the table to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.520</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            
            <PRTPAGE P="61727"/>
            <GPOTABLE CDEF="s60,12C,12C,r50,r100" COLS="5" OPTS="L1,i1">
              <TTITLE>EPA-Approved Florida Non-Regulatory Provisions</TTITLE>
              <BOXHD>
                <CHED H="1">Provision</CHED>
                <CHED H="1">State effective date</CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">
                  <E T="02">Federal Register</E>notice</CHED>
                <CHED H="1">Explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS</ENT>
                <ENT>9/23/2009</ENT>
                <ENT>10/11/2012</ENT>
                <ENT>[Insert citation of publication]</ENT>

                <ENT>EPA partially disapproved this SIP submission to the extent that it relied on the Clean Air Interstate Rule to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <HD SOURCE="HED">Subpart Z—Mississippi</HD>
          </SUBPART>

          <AMDPAR>3. Section 52.1270(e) is amended by adding a new entry for “110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS” at the end of the table to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.1270</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(e) * * *</P>
            <GPOTABLE CDEF="s60,r50,12C,r50,r100" COLS="5" OPTS="L1,i1">
              <TTITLE>EPA-Approved Mississippi Non-Regulatory Provisions</TTITLE>
              <BOXHD>
                <CHED H="1">Name of nonregulatory SIP provision</CHED>
                <CHED H="1">Applicable geographic or nonattainment area</CHED>
                <CHED H="1">State submittal date/effective date</CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">Explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS</ENT>
                <ENT>Mississippi</ENT>
                <ENT>10/6/2009</ENT>
                <ENT>10/11/2012 [Insert citation of publication]</ENT>

                <ENT>EPA partially disapproved this SIP submission to the extent that it relied on the Clean Air Interstate Rule to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="52" TITLE="40">
          <SUBPART>
            <HD SOURCE="HED">Subpart PP—South Carolina</HD>
          </SUBPART>

          <AMDPAR>4. Section 52.2120(e) is amended by adding a new entry for “110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS” at the end of the table to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 52.2120</SECTNO>
            <SUBJECT>Identification of plan.</SUBJECT>
            <STARS/>
            <P>(e)<E T="03">EPA-approved South Carolina non-regulatory provisions.</E>
            </P>
            <GPOTABLE CDEF="s50,12C,r50,r100" COLS="4" OPTS="L1,tp0,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1">Provision</CHED>
                <CHED H="1">State effective date</CHED>
                <CHED H="1">EPA approval date</CHED>
                <CHED H="1">Explanation</CHED>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*******</ENT>
              </ROW>
              <ROW>
                <ENT I="01">110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS</ENT>
                <ENT>9/18/2009</ENT>
                <ENT>10/11/2012 [Insert citation of publication]</ENT>

                <ENT>EPA partially disapproved this SIP submission to the extent that it relied on the Clean Air Interstate Rule to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM<E T="52">2.5</E>NAAQS.</ENT>
              </ROW>
            </GPOTABLE>
          </SECTION>
        </REGTEXT>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24897 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 635</CFR>
        <RIN>RIN 0648-BA64</RIN>
        <SUBJECT>Atlantic Highly Migratory Species; Vessel Monitoring Systems</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 effective date for VMS requirements in Atlantic HMS fisheries.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>As of January 1, 2013, all vessels participating in Atlantic HMS fisheries that are subject to VMS requirements, including vessels with pelagic longline gear on board, vessels with bottom longline gear on board in the vicinity of the mid-Atlantic closed area (between 33° N and 36°30′ N) from January 1 to July 31, and vessels with shark gillnet gear on board fishing between November 15 and April 15, must have an Enhanced Mobile Transmitting Unit (E-MTU) installed by a qualified marine electrician and must provide hail in/hail out declarations specifying target species, gear possessed onboard, and location and timing of landing. These requirements were originally effective March 1, 2011, consistent with a December 2, 2011 final rule. On February 29, 2012, NMFS provided notice that HMS vessels could use either old MTUs or new E-MTUs without providing hail in/hail out declarations specifying target species, gear possessed onboard, and location and timing of landing. However, no new installations of MTUs were permitted, all installations of E-MTUs were required to be done by a qualified marine electrician, and vessels were to provide hourly position reports using VMS units starting two hours prior to leaving port and at all times away from port.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>

          <P>As of January 1, 2013, all vessels participating in Atlantic HMS fisheries that are subject to VMS requirements, including vessels with pelagic longline gear on board, vessels with bottom longline gear on board in the vicinity of the mid-Atlantic closed area (between 33° N and 36°30′ N) from January 1 to July 31, and vessels with shark gillnet<PRTPAGE P="61728"/>gear on board fishing between November 15 and April 15, must have an E-MTU VMS unit installed by a qualified marine electrician and must provide hail in/hail out declarations specifying target species, gear possessed onboard, and location and timing of landing.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Supporting documents associated with the December 2, 2011 final rule, including the Regulatory Impact Review, Final Regulatory Flexibility Analysis (RIR/FRFA), and compliance guides completed in conjunction with the December 2, 2011, final rule are available from Michael Clark, Highly Migratory Species (HMS) Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East West Highway, Silver Spring, MD 20910. These documents and others, such as the Fishery Management Plans described below, also may be downloaded from the HMS Web site at<E T="03">www.nmfs.noaa.gov/sfa/hms/.</E>A list of E-MTU VMS units that are currently type-approved for use in Atlantic HMS fisheries is available on the NMFS Office of Law Enforcement Web site at<E T="03">http://www.nmfs.noaa.gov/ole/docs/2012/noaa_fisheries_service_type.pdf.</E>Copies of this list and other information may be obtained by contacting the VMS Support Center at (phone) 888-219-9228, (fax) 301-427-0049,<E T="03">ole.helpdesk@noaa.gov,</E>or write to NOAA Fisheries Office for Law Enforcement (OLE), VMS Support Center, 8484 Georgia Avenue, Suite 415, Silver Spring, MD 20910.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For information on this notice and regulations for Atlantic HMS fisheries, contact Michael Clark (phone: 301-427-8503, fax: 301-713-1917). For questions regarding the status of VMS provider evaluations, contact Kelly Spalding, VMS Management Analyst, phone 301-427-2300; fax 301-427-0049. For questions regarding Atlantic HMS fisheries VMS requirements, contact Pat O'Shaughnessy, Southeast Division VMS Program Manager, at phone 727-824-5358; fax 727-824-5318.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On December 2, 2011, NMFS published a final rule (76 FR 75492) and type approval notice (76 FR 75523) updating VMS requirements in Atlantic HMS fisheries. The final rule required that as of March 1, 2012 all HMS vessels subject to VMS requirements have a type-approved E-MTU VMS unit capable of two-way communication and installed by a qualified marine electrician install. Further, the final rule required vessels to declare target species, fishing gear possessed, and location/timing of landing using the E-MTU VMS unit and to provide hourly position reports using VMS units starting two hours prior to leaving port and at all times away from port, effective March 1, 2012.</P>
        <P>In late February 2012, we became aware of issues that would affect the ability of fishermen to obtain the required units and to comply with the December 2011 rule. Due to these unforeseen circumstances that would have limited some vessel operators' ability to comply fully with the E-MTU VMS requirements, NMFS notified provided notice on February 29, 2012, that HMS vessels could use either old MTUs or new E-MTUs and were not required to provide hail in/hail out declarations specifying target species, gear possessed onboard, and location and timing of landing. However, no new installation of MTUs were permitted, any installations of E-MTUs were required to be done by a qualified marine electrician, and vessels were required to provide hourly position reports using VMS units starting two hours prior to leaving port and at all times away from port.</P>
        <P>The issues that would have prevented some vessels from fully complying with the requirements have now been resolved and NMFS is announcing that MTU VMS units will no longer be allowed after December 31, 2012.</P>
        <P>On any fishing trip beginning on or after January 1, 2013, HMS vessels subject to VMS requirements must have an E-MTU that was installed by a qualified marine electrician and must provide hail in/hail out declarations specifying target species, gear possessed onboard, and location and timing of landing, as specified in the December 2011 final rule. This Notice should allow sufficient time for all HMS vessel owners who have not already replaced their MTU with an E-MTU to do so prior to January 1, 2013.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 971<E T="03">et seq.;</E>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Emily H. Menashes,</NAME>
          <TITLE>Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25009 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 660</CFR>
        <DEPDOC>[Docket No. 120424023-1023-01]</DEPDOC>
        <RIN>RIN 0648-XC223</RIN>
        <SUBJECT>Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #15 through #21</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 7 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 Cape Falcon, Oregon.</P>
        </SUM>
        <DATES>
          <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 October 26, 2012.</P>
        </DATES>
        <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<PRTPAGE P="61729"/>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)). 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="s25,r50,r150" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Inseason action no.</CHED>
            <CHED H="1">Effective date</CHED>
            <CHED H="1">Salmon fishery affected</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">15</ENT>
            <ENT>August 29, 2012</ENT>
            <ENT>Commercial and Recreational fisheries from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">16</ENT>
            <ENT>September 1, 2012</ENT>
            <ENT>Recreational fishery from Queets River to Leadbetter Point (Westport subarea).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">17</ENT>
            <ENT>September 3, 2012</ENT>
            <ENT>Recreational fishery from Leadbetter Point to Cape Falcon, Oregon (Columbia River subarea).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">18</ENT>
            <ENT>August 31, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">19</ENT>
            <ENT>September 5, 2012</ENT>
            <ENT>Commercial and Recreational fisheries from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20</ENT>
            <ENT>September 7, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">21</ENT>
            <ENT>September 5, 2012</ENT>
            <ENT>Commercial fishery from U.S./Canada Border to Cape Falcon, Oregon.</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD2">Inseason actions #15, #16, #17, and #18</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 August 29, 2012. The information considered during this consultation related to catch and effort to date in the commercial and recreational salmon fisheries north of Cape Falcon. Four inseason actions were implemented as a result of this consultation.</P>
        <P>Inseason action #15 transferred 1,000 coho salmon from the north of Cape Falcon commercial mark-selective coho salmon fishery quota to the north of Cape Falcon recreational salmon fishery quota. The quota transfer was distributed 80 percent (800 fish) to the Neah Bay subarea (U.S./Canada Border to Cape Alava) and 20 percent (200 fish) to the La Push subarea (Cape Alava to Queets River). This action resulted in the following quota adjustments: north of Cape Falcon commercial quota decreased from 13,280 to 12,280 marked coho salmon; Neah Bay recreational quota increased from 7,250 to 8,050 coho salmon; and La Push recreational quota increased from 1,760 to 1,960 coho salmon. This action was taken to prevent closure of recreational fisheries, due to projected attainment of quota, by transferring unutilized quota from the commercial fishery. On August 29, 2012, the states recommended this action and the RA concurred; inseason action #15 took effect on August 29, 2012, and remains in effect until the end of the fishing season. Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <P>Inseason action #16 adjusted the daily bag limit for the recreational salmon fishery in the Westport subarea (Queets River to Leadbetter Point) to allow retention of unmarked coho, as anticipated in the 2012 annual management measures (77 FR 25915, May 2, 2012). Inseason action #16 set the daily bag limit at two fish per day only one of which can be a coho salmon and unmarked coho may be retained. This action was taken to allow greater access to available coho quota in the recreational fishery. On August 29, 2012, the states recommended this action and the RA concurred; inseason action #16 took effect on September 1, 2012, superseding that portion of inseason action #13 that applied to the Westport subarea (77 FR 55426, September 10, 2012), and remained in effect until superseded by inseason action #23 on September 13, 2012. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).</P>
        <P>Inseason action #17 adjusted the daily bag limit for the recreational salmon fishery in the Columbia River subarea (Leadbetter Point to Cape Falcon) to allow retention of unmarked coho, as anticipated in the 2012 annual management measures (77 FR 25915, May 2, 2012). Inseason action #17 set the daily bag limit at two fish per day and unmarked coho salmon may be retained. This action was taken to allow greater access to available coho quota in the recreational fishery. On August 29, 2012, the states recommended this action and the RA concurred; inseason action #17 took effect on September 3, 2012, superseding inseason action #14 (77 FR 55426, September 10, 2012), and remains in effect until the end of the fishing season or subsequent inseason action. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).</P>

        <P>Inseason action #18 adjusted the landing limit in the commercial salmon fishery north of Cape Falcon from 120 Chinook salmon and 40 marked coho per vessel per open period to 150 Chinook salmon and 40 marked coho per vessel per open period. This action was taken to allow greater access to available Chinook salmon. On August 29, 2012, the states recommended this action and the RA concurred; inseason action #18 took effect on August 31, 2012, superseding the portion of inseason action #12 that applied to landing limit (77 FR 55426, September 10, 2012) and remained in effect until superseded by inseason action #20 on September 7, 2012. Inseason modification of landing limits is authorized by 50 CFR 660.409(b)(1)(ii).<PRTPAGE P="61730"/>
        </P>
        <HD SOURCE="HD2">Inseason actions #19, #20, and #21</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 September 5, 2012. The information considered during this consultation related to catch and effort to date in the commercial and recreational salmon fisheries north of Cape Falcon. Three inseason actions were taken as a result of this consultation.</P>
        <P>Inseason action #19 transferred 500 coho salmon from the north of Cape Falcon commercial mark-selective coho salmon fishery quota to the north of Cape Falcon recreational salmon fishery quota. The quota transfer was distributed 60 percent (300 fish) to the Neah Bay subarea (U.S./Canada Border to Cape Alava) and 40 percent (200 fish) to the La Push subarea (Cape Alava to Queets River). This action resulted in the following quota adjustments: north of Cape Falcon commercial quota decreased from 12,280 to 11,780 marked coho salmon; Neah Bay recreational quota increased from 7,250 to 8,350 coho salmon; and La Push recreational quota increased from 1,760 to 2,160 coho salmon. This action was taken to prevent closure of recreational fisheries, due to projected attainment of quota, by transferring unutilized quota from the commercial fishery. On September 5, 2012, the states recommended this action and the RA concurred; inseason action #19 took effect on September 5, 2012, and remains in effect until the end of the fishing season. Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <P>Inseason action #20 took effect on Friday, September 7, 2012, to close the commercial salmon fishery in marine area 4 (U.S./Canada Border to Cape Alava); marine areas 1, 2, and 3 (Cape Alava to Cape Falcon) remain open with a landing and possession limit of 150 Chinook and 50 coho per vessel per open period, unmarked coho may be retained. Vessels fishing, or in possession of salmon while fishing, north of Leadbetter Point must land and deliver their fish north of Leadbetter Point in any port in marine areas 2, 3, or 4. Vessels fishing, or in possession of salmon while fishing, south of Leadbetter Point must land and deliver their fish south of Leadbetter Point. Inseason action #20 superseded inseason action #18, and remains in effect until the end of the fishing season or subsequent inseason action. Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <P>Inseason action #21 adjusted the Chinook salmon quota in the commercial salmon fishery north of Cape Falcon for the summer season (July 1 through September 17, 2012) by rolling over unused quota from the spring season (May 1 through June 30, 2012) on an impact-neutral basis, effective September 5, 2012. The net effect of inseason action #21 was to increase the summer quota by 850 Chinook salmon to 16,650. Transfer of unused quota from the spring commercial fishery to the summer commercial fishery is anticipated in the 2012 annual management measures (77 FR 25915, May 2, 2012). Inseason modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).</P>
        <P>All other restrictions and regulations remain in effect as announced for the 2012 Ocean Salmon Fisheries (77 FR 25915, May 2, 2012) and subsequent inseason actions (77 FR 55426) not otherwise modified herein.</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: October 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. 2012-25039 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>197</NO>
  <DATE>Thursday, October 11, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="61731"/>
        <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-1069; Directorate Identifier 2012-NM-044-AD]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking (NPRM).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We propose to supersede an existing airworthiness directive (AD) that applies to all The Boeing Company Model 727 airplanes. The existing AD currently requires repetitive inspections of the in-tank fuel boost pump wiring to detect chafing of the wire insulation, evidence of electrical arcing, or arc-through of the conduit wall, and applicable corrective action; and installation of sleeving over the in-tank fuel boost pump wires. The existing AD also requires repetitive inspections for damage of a certain electrical wire and sleeve, and arcing damage of the conduit and signs of fuel leakage into the conduit; applicable investigative and corrective actions; and repetitive engine fuel suction feed operational tests. Since we issued that AD, we received a report of damage found to the sleeve, jacket, and insulation on an electrical wire during a repetitive inspection. This proposed AD would require replacement of the wire bundles for the wing and center fuel boost pumps with new, improved wire bundles, installation of convoluted liners, and related investigative and corrective actions if necessary. This proposed AD would also require replacement of the fuel quantity indicating system (FQIS) wires with new, improved wires; a low-frequency eddy current inspection for cracking; and repair if necessary. This proposed AD would also require revising the maintenance program to incorporate changes to the airworthiness limitations section. We are proposing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on this proposed AD by November 26, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Portal:</E>Go to<E T="03">http://www.regulations.gov.</E>Follow the instructions for submitting comments.</P>
          <P>•<E T="03">Fax:</E>202-493-2251.</P>
          <P>•<E T="03">Mail:</E>U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
          <P>•<E T="03">Hand Delivery:</E>Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>

          <P>For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data &amp; Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet<E T="03">https://www.myboeingfleet.com.</E>You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.</P>
        </ADD>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Rebel Nichols, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6509; fax: 425-917-6590; email:<E T="03">rebel.nichols@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Comments Invited</HD>

        <P>We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the<E T="02">ADDRESSES</E>section. Include “Docket No. FAA-2012-1069; Directorate Identifier 2012-NM-044-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.</P>
        <P>We will post all comments we receive, without change, to<E T="03">http://www.regulations.gov,</E>including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.</P>
        <HD SOURCE="HD1">Discussion</HD>

        <P>On May 1, 2007, we issued AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), for all The Boeing Company Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F series airplanes. That AD requires repetitive inspections of the in-tank fuel boost pump wiring to detect chafing of the wire insulation, evidence of electrical arcing, or arc-through of the conduit wall, and applicable corrective action; and installation of sleeving over the in-tank fuel boost pump wires as a method to protect the wiring from chafing. That AD also requires repetitive inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and arcing damage of the conduit and signs of fuel leakage into the conduit; applicable investigative and corrective actions; repetitive engine fuel suction feed operational tests; an engine fuel suction feed operational test; related investigative and corrective actions, as applicable; and sending<PRTPAGE P="61732"/>inspection results and damaged parts to the manufacturer.</P>
        <HD SOURCE="HD1">Actions Since Existing AD (72 FR 28594, May 22, 2007) Was Issued</HD>
        <P>In the preamble to AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), the FAA indicated that the actions required by that AD were considered “interim action” and that further rulemaking action was being considered. The FAA now has determined that further rulemaking action is indeed necessary, and this proposed AD follows from that determination.</P>
        <P>Further, since we issued AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), we received a report of damage found to the sleeve, jacket, and insulation on an electrical wire during a repetitive inspection approximately 21,000 flight hours after installation of the sleeve. (The inspection interval in AD 2007-11-08 is 30,000 flight hours.) The sleeve and jacket were worn through, exposing the insulation on the electrical wire inside the jacket. The actions developed by the manufacturer eliminate the possibility of wiring damage during reinstallation following the repetitive inspections.</P>
        <HD SOURCE="HD1">Relevant Service Information</HD>
        <P>We reviewed Boeing Alert Service Bulletin 727-28A0133, dated October 5, 2011. This service bulletin describes procedures for replacing wire bundles for the wing and center fuel boost pumps, installing convoluted liners, and related investigative and corrective actions. This service bulletin specifies that doing these actions eliminates the need for the inspections specified in Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007 (which is referenced as the appropriate source of service information for inspections specified in AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007)). Replacing the wire bundles and installing the convoluted liners includes:</P>
        <P>• Installing new ground brackets, removing fuel boost pumps from the fuel boost pump housing, and removing wire bundles and sleeves.</P>
        <P>• Removing or stowing fuel boost pump wire bundles, installing new convoluted liners and new wire bundles in the fuel boost pump conduits.</P>
        <P>• Routing new wire bundles.</P>
        <P>• Installing fuel boost pumps and making changes to the wire bundles.</P>
        <P>• Installing the ground stud assembly for wire bundles.</P>
        <P>Related investigative actions include testing the fuel tank conduits for leaks and testing the fuel boost pumps. Corrective actions include repairing or replacing the fuel tank conduit.</P>
        <P>Boeing Alert Service Bulletin 727-28A0133, dated October 5, 2011, specifies prior or concurrent accomplishment of the actions specified in Boeing Service Bulletin 727-28-0131, dated August 18, 2010, for the following actions:</P>
        <P>• Replacing the FQIS wires with new wires, which includes: Installing new ground brackets in the left and right wing, a new disconnect bracket in the cargo compartment, and a new tie plate in the cargo compartment; making and installing new doublers in the left and right wing; installing new standoffs in the left and right wing; drilling new holes or ground holes in left and right wing; changing the wire bundles; making changes to wire bundle routes; and making changes to wire bundles and assembling wire bundle overbraids.</P>
        <P>• Doing a low-frequency eddy current (LFEC) inspection for cracks in certain locations of the fuselage skin, and repair if necessary, in accordance with Boeing Service Bulletin 727-28-0131, dated August 18, 2010.</P>
        <P>Airworthiness Limitation Instruction (ALI) Task 28-AWL-20, “Fuel Boost Pump Wires in Conduit Installation—In Fuel Tank;” and Critical Design Configuration Control Limitation (CDCCL) Task 28-AWL-21, “Fuel Boost Pump Wires in Conduit Installation—In Fuel Tank;” of Section 9 of Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-AWL, Revision August 2010, provide maintenance instructions for the wiring changes and replace the requirements of CDCCL Task 28-AWL-14 of Section 9 of Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-AWL.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.</P>
        <HD SOURCE="HD1">Proposed AD Requirements</HD>
        <P>This proposed AD would retain certain requirements of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). This proposed AD would also require accomplishing the actions specified in the service information described previously, except as provided under “Differences Between the AD and the Service Information.”</P>
        <HD SOURCE="HD1">Differences Between the Proposed AD and the Service Information</HD>
        <P>Although Boeing Alert Service Bulletin 727-28A0133, dated October 5, 2011, specifies that operators may contact the manufacturer for disposition of certain repair conditions, this proposed AD would require operators to repair those conditions using a method approved by the FAA.</P>
        <HD SOURCE="HD1">Change to Existing AD</HD>
        <P>This proposed AD would remove the reporting requirements of paragraph (m) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). The inspection report requirement gathered sufficient information for the manufacturer to develop corrective actions.</P>
        <P>This proposed AD would retain certain requirements of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). Since AD 2007-11-08 was issued, the AD format has been revised, and certain paragraphs have been rearranged. Also, certain notes have been re-designated as paragraphs. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table:</P>
        <GPOTABLE CDEF="xl10,xl10" COLS="2" OPTS="L2,i1">
          <TTITLE>Revised Paragraph Identifiers</TTITLE>
          <BOXHD>
            <CHED H="1">Requirement in AD 2007-11-08, amendment 39-15065 (72 FR 28594, May 22, 2007)</CHED>
            <CHED H="1">Corresponding<LI>requirement in this</LI>
              <LI>proposed AD</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">paragraph (f)</ENT>
            <ENT>paragraph (g)(1)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (g)</ENT>
            <ENT>paragraph (g)(2)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (h)</ENT>
            <ENT>paragraph (g)(3)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (i)</ENT>
            <ENT>paragraph (h)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (j)</ENT>
            <ENT>paragraph (i)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (k)</ENT>
            <ENT>paragraph (j)</ENT>
          </ROW>
          <ROW>
            <ENT I="01">paragraph (l)</ENT>
            <ENT>paragraph (k)</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this proposed AD affects 569 airplanes of U.S. registry.</P>

        <P>We estimate the following costs to comply with this proposed AD:<PRTPAGE P="61733"/>
        </P>
        <GPOTABLE CDEF="s100,r100,r50,r50,12,r50" COLS="6" OPTS="L2,i1">
          <TTITLE>Estimated Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Action</CHED>
            <CHED H="1">Labor cost</CHED>
            <CHED H="1">Parts cost</CHED>
            <CHED H="1">Cost per product</CHED>
            <CHED H="1">Number of U.S. airplanes</CHED>
            <CHED H="1">Cost on U.S.<LI>operators</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Inspection, test, and corrective actions [retained actions from existing AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007)]</ENT>
            <ENT>10 work-hours × $85 per hour = $850</ENT>
            <ENT>$0</ENT>
            <ENT>$850</ENT>
            <ENT>260</ENT>
            <ENT>$221,000.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Replacement [proposed action]</ENT>
            <ENT>185 work-hours × $85 per hour = $15,725</ENT>
            <ENT>$28,771</ENT>
            <ENT>$44,496</ENT>
            <ENT>569</ENT>
            <ENT>$25,318,224.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Revise Maintenance Program [proposed action]</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>$0</ENT>
            <ENT>$85</ENT>
            <ENT>569</ENT>
            <ENT>$48,365.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Concurrent FQIS wire replacement [proposed action]</ENT>
            <ENT>Up to 248 work-hours × $85 per hour = $21,080</ENT>
            <ENT>Up to $34,865</ENT>
            <ENT>Up to $55,945</ENT>
            <ENT>569</ENT>
            <ENT>Up to $31,832,705.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Concurrent low frequency eddy current (LFEC) inspection [proposed action]</ENT>
            <ENT>2 work-hours × $85 per hour = $170</ENT>
            <ENT>$0</ENT>
            <ENT>$170</ENT>
            <ENT>569</ENT>
            <ENT>$96,730.</ENT>
          </ROW>
        </GPOTABLE>
        <P>We have received no definitive data that would enable us to provide a cost estimate for the on-condition actions specified in this proposed AD.</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 have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>For the reasons discussed above, I certify that the proposed regulation:</P>
        <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
        <P>(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),</P>
        <P>(3) Will not affect intrastate aviation in Alaska, and</P>
        <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">The Proposed Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          <P>1. The authority citation for part 39 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
            <P>2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), and adding the following new AD:</P>
            
            <EXTRACT>
              <FP SOURCE="FP-2">
                <E T="04">The Boeing Company:</E>Docket No. FAA-2012-1069; Directorate Identifier 2012-NM-044-AD.</FP>
              <HD SOURCE="HD1">(a) Comments Due Date</HD>
              <P>The FAA must receive comments on this AD action by November 26, 2012.</P>
              <HD SOURCE="HD1">(b) Affected ADs</HD>
              <P>This AD supersedes AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), which superseded AD 99-12-52, Amendment 39-11199 (64 FR 33394, June 23, 1999).</P>
              <HD SOURCE="HD1">(c) Applicability</HD>
              <P>(1) This AD applies to all Boeing Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F series airplanes, certificated in any category.</P>
              <P>(2) This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections) and/or Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and/or CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (p) of this AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane.</P>
              <HD SOURCE="HD1">(d) Subject</HD>
              <P>Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 28, Fuel.</P>
              <HD SOURCE="HD1">(e) Unsafe Condition</HD>
              <P>This AD was prompted by a report of damage found to the sleeve, jacket, and insulation on an electrical wire during a repetitive inspection. We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank.</P>
              <HD SOURCE="HD1">(f) Compliance</HD>
              <P>Comply with this AD within the compliance times specified, unless already done.</P>
              <HD SOURCE="HD1">(g) Retained Compliance Times</HD>
              <P>This paragraph restates the requirements of paragraphs (f), (g), and (h) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007).</P>
              <P>(1) For airplanes with 50,000 or more total flight hours as of June 28, 1999 (the effective date of AD 99-12-52, Amendment 39-11199 (64 FR 33394, June 23, 1999)): Within 20 days after June 28, 1999, accomplish the requirements of paragraph (h) of this AD.</P>

              <P>(2) For airplanes with less than 50,000 total flight hours, but more than 30,000 total flight<PRTPAGE P="61734"/>hours, as of June 28, 1999 (the effective date of AD 99-12-52, Amendment 39-11199 (64 FR 33394, June 23, 1999)): Within 30 days after June 28, 1999, accomplish the requirements of paragraph (h) of this AD.</P>
              <P>(3) For airplanes with 30,000 total flight hours or less as of June 28, 1999 (the effective date of AD 99-12-52, Amendment 39-11199 (64 FR 33394, June 23, 1999)): Within 90 days after June 28, 1999, accomplish the requirements of paragraph (h) of this AD.</P>
              <HD SOURCE="HD1">(h) Retained Detailed Inspection, Corrective Action, and Installation</HD>
              <P>This paragraph restates the requirements of paragraph (i) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007).</P>
              <P>(1) Perform a detailed inspection of the in-tank fuel boost pump wire bundles, and applicable corrective actions; and, except as provided by paragraph (i) of this AD, install sleeving over the wire bundles; in accordance with Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999; Boeing Service Bulletin 727-28A0126, Revision 1, dated May 18, 2000; or Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007.</P>
              <P>(2) For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.”</P>
              <HD SOURCE="HD1">(i) Retained Installation: Possible Deferral</HD>
              <P>This paragraph restates the optional actions of paragraph (j) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). Installation of sleeving over the wire bundles, as required by paragraph (h) of this AD, may be deferred if, within 18 months or 6,000 flight hours, whichever occurs first, after accomplishment of the inspection and applicable corrective actions required by paragraph (h) of this AD, the following actions are accomplished: Perform a detailed inspection of the in-tank fuel boost pump wire bundles, and applicable corrective actions; and install sleeving over the wire bundles; in accordance with Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999; Boeing Service Bulletin 727-28A0126, Revision 1, dated May 18, 2000; or Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007.</P>
              <HD SOURCE="HD1">(j) Retained Repetitive Inspections and Corrective Actions</HD>
              <P>This paragraph restates the requirements of paragraph (k) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). Repeat the detailed inspection and applicable corrective actions required by paragraphs (h) and (i) of this AD, as applicable, at intervals not to exceed 30,000 flight hours, until the initial inspection, applicable corrective actions, and engine fuel suction feed operational test required by paragraph (k) of this AD have been done.</P>
              <HD SOURCE="HD1">(k) Retained Inspection, Test, and Related Investigative and Corrective Actions</HD>
              <P>This paragraph restates the requirements of paragraph (l) of AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007). For all airplanes: Within 120 days after June 6, 2007 (the effective date of AD 2007-11-08), or 5,000 flight hours after the last inspection or corrective action done before June 6, 2007, as required by paragraph (h), (i), or (j), as applicable, of this AD, whichever occurs later, do a detailed inspection for damage of the sleeve and electrical wire of the fuel boost pump, and do an engine fuel suction feed operational test; and, before further flight, do related investigative and corrective actions, as applicable; by doing all applicable actions in and in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. Repeat the detailed inspection and engine fuel suction feed operational test thereafter at intervals not to exceed 15,000 flight cycles. Accomplishment of the initial inspection, applicable corrective actions, and engine fuel suction feed operational test of this paragraph terminates the requirements of paragraphs (h), (i), and (j) of this AD.</P>
              <HD SOURCE="HD1">(l) New Installation</HD>
              <P>Within 60 months after the effective date of this AD: Install new shielded wire bundles in convoluted liners in the wing and center fuel tank conduits and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 727-28A0133, dated October 5, 2011. Related investigative and corrective actions must be done before further flight. Doing the actions in paragraphs (l) and (m) of this AD terminates the requirements of paragraphs (g), (h), (i), (j), and (k) of this AD.</P>
              <HD SOURCE="HD1">(m) New Concurrent Requirement</HD>
              <P>Before or concurrently with accomplishing the requirements of paragraph (l) of this AD, replace the fuel quantity indicating system (FQIS) wire bundles and do a low frequency eddy current inspection for cracking, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-28-0131, dated August 18, 2010. If any cracking is found during the inspection, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (p) of this AD.</P>
              <HD SOURCE="HD1">(n) New Maintenance Program Revision</HD>
              <P>Within 60 days after the effective date of this AD: Revise the maintenance program to incorporate Airworthiness Limitation Instruction (ALI) Task 28-AWL-20, “Fuel Boost Pump Wires in Conduit Installation—In Fuel Tank;” and CDCCL Task 28-AWL-21, “Fuel Boost Pump Wires in Conduit Installation—In Fuel Tank,” of Section 9 of Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-AWL, Revision August 2010. The initial compliance time for the inspections is within 60 months after the effective date of this AD.</P>
              <HD SOURCE="HD1">(o) No Alternative Actions, Intervals, and/or CDCCLs</HD>
              <P>After accomplishing the revision required by paragraph (n) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (p) of this AD.</P>
              <HD SOURCE="HD1">(p) Alternative Methods of Compliance (AMOCs)</HD>

              <P>(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to:<E T="03">9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.</E>
              </P>
              <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
              <P>(3) AMOCs approved previously in accordance with AD 2007-11-08, Amendment 39-15065 (72 FR 28594, May 22, 2007), are approved as AMOCs for the corresponding provisions of this AD.</P>
              <HD SOURCE="HD1">(q) Related Information</HD>

              <P>(1) For more information about this AD, contact Rebel Nichols, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6509; fax: 425-917-6590; email:<E T="03">rebel.nichols@faa.gov.</E>
              </P>

              <P>(2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data &amp; Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet<E T="03">https://www.myboeingfleet.com.</E>You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.</P>
            </EXTRACT>
          </SECTION>
          <SIG>
            <DATED>Issued in Renton, Washington, on September 28, 2012.</DATED>
            <NAME>Ali Bahrami,</NAME>
            <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
          </SIG>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24954 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="61735"/>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>United States Patent and Trademark Office</SUBAGY>
        <CFR>37 CFR Part 1</CFR>
        <DEPDOC>[Docket Nos.: PTO-P-2012-0015 and PTO-P-2012-0024]</DEPDOC>
        <RIN>RIN 0651-AC77</RIN>
        <SUBJECT>Changes and Examination Guidelines To Implement the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act; Reopening of the Period for Comments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States Patent and Trademark Office, Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Request for comments; reopening of the comment period.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking and a notice of proposed examination guidelines to implement the first-inventor-to-file (FITF) provisions the Leahy-Smith America Invents Act (AIA). The USPTO also conducted a roundtable to obtain public input from organizations and individuals on issues relating to the USPTO's proposed implementation of the FITF provisions of the AIA. The Office has received several requests for additional time to submit comments on the USPTO's implementation of the FITF provisions of the AIA. The USPTO is reopening the comment period to provide interested members of the public with an additional opportunity to submit comments to the USPTO.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The deadline for receipt of written comments in response to the notice of proposed rulemaking published July 26, 2012 (77 FR 43742) and notice of proposed examination guidelines published July 26, 2012 (77 FR 43759) is November 5, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments on the notice of proposed rulemaking should be sent by electronic mail message over the Internet addressed to:<E T="03">fitf_rules@uspto.gov.</E>Comments may also be submitted by postal mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Susy Tsang-Foster, Legal Advisor, Office of Patent Legal Administration.</P>

          <P>Comments on the proposed examination guidelines should be sent by electronic mail message over the Internet addressed to:<E T="03">fitf_guidance@uspto.gov.</E>Comments may also be submitted by mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Mary C. Till, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy.</P>

          <P>Comments on the notice of proposed rulemaking and the proposed examination guidelines may also be sent by electronic mail message over the Internet via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site (<E T="03">http://www.regulations.gov</E>) for additional instructions on providing comments via the Federal eRulemaking Portal.</P>
          <P>Although comments may be submitted by postal mail, the Office prefers to receive comments by electronic mail message over the Internet because sharing comments with the public is more easily accomplished. Electronic comments are preferred to be submitted in plain text, but also may be submitted in ADOBE® portable document format or MICROSOFT WORD® format. Comments not submitted electronically should be submitted on paper in a format that facilitates convenient digital scanning into ADOBE® portable document format.</P>

          <P>The comments will be available for public inspection at the Office of the Commissioner for Patents, currently located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Comments also will be available for viewing via the Office's Internet Web site (<E T="03">http://www.uspto.gov</E>). Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mary C. Till, Senior Legal Advisor (telephone (571) 272-7755, email<E T="03">mary.till@uspto.gov</E>); or Kathleen Kahler Fonda, Senior Legal Advisor (telephone (571) 272-7754, email<E T="03">kathleen.fonda@uspto.gov</E>), of the Office of the Deputy Commissioner for Patent Examination Policy.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The AIA was enacted into law on September 16, 2011. Public Law 112-29, 125 Stat. 284 (2011). Section 3 of the AIA amends the patent laws to: (1) Convert the United States patent system from a “first to invent” system to a “first inventor to file” system; (2) eliminate the requirement that a prior public use or sale activity be “in this country” to be a prior art activity; (3) treat U.S. patents and U.S. patent application publications as prior art as of their earliest effective filing date, regardless of whether the earliest effective filing date is based upon an application filed in the U.S. or in another country; and (4) treat commonly owned patents and patent application publications, or those resulting from a joint research agreement, as being by the same inventive entity for purposes of 35 U.S.C. 102 and 103. The changes in section 3 of the AIA take effect on March 16, 2013.</P>

        <P>The USPTO published a notice of proposed rulemaking and notice of proposed examination guidelines on July 26, 2012, to implement the FITF provisions of section 3 of the AIA.<E T="03">See Changes to Implement the First Inventor to File Provisions of the Leahy-Smith America Invents Act,</E>77 FR 43742 (July 26, 2012), and<E T="03">Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act,</E>77 FR 43759 (July 26, 2012). The notice of proposed rulemaking proposes changes to the rules of practice in title 37 of the Code of Federal Regulations (CFR) for consistency with, and to address the examination issues raised by, the changes in the FITF provisions of the AIA. The proposed examination guidelines set out the Office's interpretation of 35 U.S.C. 102 and 103 as amended by the AIA, and advise the public and the Patent Examining Corps on how the changes to 35 U.S.C. 102 and 103 in the AIA impact the provisions of the<E T="03">Manual of Patent Examining Procedure</E>(MPEP) pertaining to 35 U.S.C. 102 and 103. The USPTO also conducted a roundtable to obtain public input from organizations and individuals on issues relating to the USPTO's proposed implementation of the FITF provisions of the AIA.<E T="03">See Notice of Roundtable on the Implementation of the First Inventor to File Provisions of the Leahy-Smith America Invents Act,</E>77 FR 49427 (Aug. 16, 2012).</P>
        <P>The Office has received several requests for additional time to submit comments on the USPTO's implementation of the FITF provisions of the AIA. The USPTO is reopening the comment period to provide interested members of the public with an additional opportunity to submit comments to the USPTO.</P>
        <SIG>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>David J. Kappos,</NAME>
          <TITLE>Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25042 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-16-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>197</NO>
  <DATE>Thursday, October 11, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61736"/>
        <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Food Safety and Inspection Service</SUBAGY>
        <DEPDOC>[Docket No. FSIS-2012-0042]</DEPDOC>
        <SUBJECT>Codex Alimentarius Commission: Meeting of the Codex Committee on Food Hygiene</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Under Secretary for Food Safety, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services (HHS), are sponsoring a public meeting on October 23, 2012. The objective of the public meeting is to provide information, receive public comments on agenda items, and draft United States (U.S.) positions that will be discussed at the 44th Session of the Codex Committee on Food Hygiene (CCFH) of the Codex Alimentarius Commission (Codex), which will be held in New Orleans, Louisiana, from November 12-16, 2012. The Under Secretary for Food Safety and FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 44th Session of the CCFH and to address items on the agenda.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public meeting is scheduled for October 23, 2012, from 1 p.m. to 4 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The public meeting will be held in the Jamie L. Whitten Building, USDA, 1400 Independence Avenue SW., Room 107-A, Washington, DC 20250.</P>

          <P>Documents related to the 44th Session of the CCFH will be accessible via the World Wide Web at the following address:<E T="03">http://www.codexalimentarius.org.</E>
          </P>

          <P>Jenny Scott, U.S. Delegate to the CCFH, invites U.S. interested parties to submit their comments electronically to the following email address:<E T="03">Jenny.Scott@fda.hhs.gov.</E>
          </P>
          <P>
            <E T="03">Call-In Number:</E>If you wish to participate in the public meeting for the 44th session of the CCFH by conference call, please use the call-in number and participant code listed below. Call-in Number: 1-888-858-2144. Participant Code: 6208658.</P>
          <P>
            <E T="03">For Further Information About the 44th Session of the CCFH Contact:</E>Jenny Scott, Senior Advisor, Office of Food Safety, Center for Food Safety and Applied Nutrition, FDA, 5100 Paint Branch Parkway, HFS-300, Room 3B-014, College Park, MD 20740-3835, Telephone: (240) 402-2166, Fax: (202) 436-2632, Email:<E T="03">Jenny.Scott@fda.hhs.gov.</E>
          </P>
          <P>
            <E T="03">For Further Information About the Public Meeting Contact:</E>Barbara McNiff, U.S. Codex Office, 1400 Independence Avenue SW., Room 4861, Washington, DC 20250, Telephone: (202) 690-4719, Fax: (202) 720-3157, Email:<E T="03">Barbara.McNiff@fsis.usda.gov.</E>
          </P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure that fair practices are used in the food trade.</P>
        <P>The CCFH is responsible for:</P>
        <P>(a) Drafting basic provisions on food hygiene applicable to all food;</P>
        <P>(b) Considering, amending if necessary, and endorsing provisions on hygiene prepared by Codex commodity committees and contained in Codex commodity standards;</P>
        <P>(c) Considering, amending if necessary, and endorsing provisions on hygiene prepared by Codex commodity committees and contained in Codex codes of practice unless, in specific cases, Codex has decided otherwise;</P>
        <P>(d) Drafting provisions on hygiene applicable to specific food items or food groups, whether coming within the terms of reference of a Codex commodity committee or not;</P>
        <P>(e) Considering specific hygiene problems assigned to it by Codex;</P>
        <P>(f) Suggesting and prioritizing areas where there is a need for microbiological risk assessment at the international level and to develop questions to be addressed by the risk assessors; and</P>
        <P>(g) Considering microbiological risk management matters in relation to food hygiene, including food irradiation, and in relation to the risk assessment of FAO/WHO.</P>
        <P>The CCFH is hosted by the United States.</P>
        <HD SOURCE="HD1">Issues To Be Discussed at the Public Meeting</HD>
        <P>The following items on the agenda for the 44th Session of the CCFH will be discussed during the public meeting:</P>
        <P>• Matters Referred by Codex and/or Other Codex Committees and Task Forces to the Food Hygiene Committee</P>
        <P>• Draft Regional Code of Practice for Street-Vended Foods (Near East)</P>
        <P>• Matters Arising from the Work of FAO, WHO and Other International Intergovernmental Organizations</P>
        <P>(a) Progress Report on the Joint FAO/WHO Expert Meetings on Microbiological Risk Assessment (JEMRA) and Related Matters</P>
        <P>(b) Information from the World Organisation for Animal Health (OIE)</P>
        <P>• Proposed Draft Revision of<E T="03">Principles for the Establishment and Application of Microbiological Criteria for Foods</E>at Step 4</P>
        <P>• Practical Examples on the Application and Establishment of Microbiological Criteria</P>
        <P>•<E T="03">Proposed Draft Guidelines for Control of Specific Zoonotic Parasites in Meat: Trichinella spiralis and Cysticercus bovis</E>at Step 4</P>
        <P>• Proposed Draft Revision of the<E T="03">Code of Hygienic Practice for Spices and Dried Aromatic Plants</E>at Step 4</P>
        <P>• Proposed Draft Annex on Berries to the<E T="03">Code of Hygienic Practice for Fresh Fruits and Vegetables</E>at Step 4</P>
        <P>• Discussion Paper on a Code of Hygienic Practice for Low Moisture Food</P>
        <P>• Discussion Paper on New Work and Periodic Review/Revision of Codes of Hygienic Practice</P>
        <P>• CCFH Work Priorities</P>

        <P>Each issue listed will be fully described in documents distributed, or to be distributed, by the Codex Secretariat prior to the CCFH meeting. Members of the public may access these documents (see<E T="02">ADDRESSES</E>).<PRTPAGE P="61737"/>
        </P>
        <HD SOURCE="HD1">Public Meeting</HD>

        <P>At the October 23, 2012, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 44th Session of the CCFH, Jenny Scott (see<E T="02">ADDRESSES</E>). Written comments should state that they relate to activities of the 44th Session of the CCFH.</P>
        <HD SOURCE="HD1">Additional Public Notification</HD>

        <P>FSIS will announce this notice online through the FSIS Web page located at<E T="03">http://www.fsis.usda.gov/regulations_&amp;_policies/Federal_Register_Notices/index.asp.</E>
        </P>
        <P>FSIS will also make copies of this<E T="04">Federal Register</E>publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations,<E T="04">Federal Register</E>notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information.</P>
        <P>This service is available at<E T="03">http://www.fsis.usda.gov/News_&amp;_Events/Email_Subscription/.</E>Options range from recalls to export information to regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.</P>
        <HD SOURCE="HD1">USDA Nondiscrimination Statement</HD>
        <P>USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, or audiotape.) should contact USDA's Target Center at 202-720-2600 (voice and TTY).</P>
        <P>To file a written complaint of discrimination, write USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY). USDA is an equal opportunity provider and employer.</P>
        <SIG>
          <DATED>Done at Washington, DC, on: October 1, 2012.</DATED>
          <NAME>Karen Stuck,</NAME>
          <TITLE>U.S. Manager for Codex Alimentarius.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25001 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-DM-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION</AGENCY>
        <SUBJECT>Annual Meeting</SUBJECT>
        <P>
          <E T="03">Time and Date:</E>10 a.m.-12 p.m. November 2, 2012.</P>
        <P>
          <E T="03">Place:</E>Harrisburg Hilton and Towers, One North Second Street, Harrisburg, PA 17101.</P>
        <P>
          <E T="03">Status:</E>The meeting will be open to the public.</P>
        <HD SOURCE="HD1">Matters To Be Considered</HD>
        <P>
          <E T="03">Portions Open to the Public:</E>The primary purpose of this meeting is to (1) Review the independent auditors' report of Commission's financial statements for fiscal year 2011-2012; (2) Review the Low-Level Radioactive Waste (LLRW) generation information for 2010; (3) Consider a proposed budget for fiscal year 2013-2014; (4) Review recent developments regarding LLRW management and disposal; and (5) Elect the Commission's Officers.</P>
        <P>
          <E T="03">Portions Closed to the Public:</E>Executive Session, if deemed necessary, will be announced at the meeting.</P>
        <P>
          <E T="03">Contact Person for More Information:</E>Rich Janati, Administrator of the Commission, at 717-787-2163.</P>
        <SIG>
          <NAME>Rich Janati,</NAME>
          <TITLE>Administrator, Appalachian Compact Commission.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24999 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Bureau of Industry and Security</SUBAGY>
        <SUBJECT>Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting</SUBJECT>
        <P>The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on October 30, 2012, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology.</P>
        <HD SOURCE="HD1">Agenda</HD>
        <HD SOURCE="HD2">Public Session</HD>
        <P>1. Welcome and Introductions.</P>
        <P>2. Remarks from the Bureau of Industry and Security Management.</P>
        <P>3. Industry Presentations.</P>
        <P>4. New Business.</P>
        <HD SOURCE="HD2">Closed Session</HD>

        <P>5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at<E T="03">Yvette.Springer@bis.doc.gov</E>no later than October 23, 2012.</P>
        <P>A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer.</P>
        <P>The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on September 27, 2011 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 10(d), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public.</P>
        <P>For more information contact Yvette Springer on (202) 482-2813.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Yvette Springer,</NAME>
          <TITLE>Committee Liaison Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25036 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-JT-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61738"/>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-549-502]</DEPDOC>
        <SUBJECT>Circular Welded Carbon Steel Pipes and Tubes From Thailand: 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 April 6, 2012, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand.<SU>1</SU>

            <FTREF/>This review covers the respondents Pacific Pipe Public Company Limited (Pacific Pipe) and Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai). Based on our analysis of the comments received, we have made changes to the preliminary results, which are discussed below. For the final dumping margins,<E T="03">see</E>the “Final Results of Review” section below.</P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review,</E>77 FR 20782 (April 6, 2012).</P>
          </FTNT>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 11, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Jacqueline Arrowsmith or Andrew Huston, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5255 or (202) 482-4261, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>Since the preliminary results, the following events have taken place. Wheatland Tube Company, United States Steel Corporation, Pacific Pipe and Saha Thai submitted timely case briefs on July 16, 2012. Wheatland Tube Company, United States Steel Corporation, Allied Tube and Conduit and TMK IPSCO, Pacific Pipe, and Saha Thai filed timely rebuttal briefs on July 23, 2012.</P>
        <HD SOURCE="HD1">Period of Review</HD>
        <P>The period of review (POR) is March 1, 2010, through February 28, 2011.</P>
        <HD SOURCE="HD1">Scope of the Order</HD>
        <P>The products covered by the antidumping order are certain circular welded carbon steel pipes and tubes from Thailand. The subject merchandise has an outside diameter of 0.375 inches or more, but not exceeding 16 inches. These products, which are commonly referred to in the industry as “standard pipe” or “structural tubing” are hereinafter designated as “pipes and tubes.” The merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085 and 7306.30.5090. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive.</P>
        <HD SOURCE="HD1">Analysis of Comments Received</HD>

        <P>The issues raised in the case and rebuttal briefs by parties in this administrative review are addressed in the Memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Antidumping Duty Administrative Review of Circular Welded Carbon Steel Pipes and Tubes from Thailand: Issues and Decision Memorandum” (Decision Memorandum), dated October 3, 2012, and hereby adopted by this notice. A list of the issues addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at<E T="03">http://iaaccess.trade.gov</E>and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at<E T="03">http://www.trade.gov/ia/</E>. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content.</P>
        <HD SOURCE="HD1">Changes Since the Preliminary Results</HD>

        <P>Based on our analysis of the comments received, we have made adjustments to our margin calculations for Pacific Pipe and Saha Thai. For Pacific Pipe, with regard to the cost of production, we subtracted the cost of galvanizing in the instances where our methodology resulted in the selection of a galvanized product as the substitute for a non-galvanized product and added galvanizing where our methodology selected non-galvanized products as a substitute for galvanized products.<E T="03">See</E>Memorandum to Neal Halper, “Cost of Production and Constructed Value Calculation Adjustments for the Final Results—Pacific Pipe Public Company Limited,” dated October 3, 2012. For Pacific Pipe, we also revised coding in our margin program to correct an error in the Department's comparison market program related to determining cost for products sold, but not produced, during the POR.<E T="03">See</E>Decision Memorandum at Comment 13.</P>

        <P>For Saha Thai, we made the following adjustments for these final results. First, after reviewing the comments and examining all of the documentation on the record with respect to warehousing, we removed warehousing expenses and revenue from the calculation for these final results.<E T="03">See</E>Decision Memorandum at Comment 4. Second, we corrected a clerical error in Saha Thai's U.S. margin calculation program which affects how we calculate the freight revenue cap.<E T="03">See</E>Decision Memorandum at Comment 10. We have also made a number of corrections and adjustments to Saha Thai's cost response which are discussed in the Decision Memorandum at Comments 6, 7, 8 and 9, and in the Memorandum to Neal Halper, “Cost of Production and Constructed Value Calculation Adjustments for the Final Results—Saha Thai Steel Pipe (Public) Company, Ltd.,” dated October 3, 2012.</P>
        <HD SOURCE="HD1">Final Results of Review</HD>
        <P>As a result of our review, we determine that the following weighted-average margins exist for the period of March 1, 2010, through February 28, 2011:</P>
        <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Manufacturer/exporter</CHED>
            <CHED H="1">Weighted-average<LI>margin</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Saha Thai Steel Pipe (Public) Company, Ltd</ENT>
            <ENT>0.92</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pacific Pipe Public Company Limited</ENT>
            <ENT>8.23</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD1">Assessment Rates</HD>

        <P>The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For assessment purposes, where the respondent reported the entered value for its sales, we calculated importer-specific (or customer-specific)<E T="03">ad valorem</E>assessment rates based on the ratio of the total amount of the dumping duties calculated for the examined sales to the total entered value of those same sales.<E T="03">See</E>19 CFR 351.212(b)(1). However, where the respondent did not report the entered value for its sales, we<PRTPAGE P="61739"/>have calculated importer-specific (or customer-specific) per-unit assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above<E T="03">de minimis</E>(<E T="03">i.e.,</E>at or above 0.50 percent). 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>The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review.</P>

        <P>The Department clarified its “automatic assessment” regulation on May 6, 2003. This clarification applies to entries of subject merchandise during the POR produced by the companies included in these final results of review for which the reviewed company did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all others rate from the investigation if there is no rate for the intermediate company involved in the transaction. For a full discussion of this clarification,<E T="03">see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E>68 FR 23954 (May 6, 2003).</P>
        <HD SOURCE="HD1">Cash Deposit Requirements</HD>
        <P>The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For the company covered by this review, the cash deposit rate will be the rate listed above in the section “Final Results of Review”; (2) for merchandise exported by producers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final results in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the most recent final results in which that producer participated; and, (4) if neither the exporter nor the producer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 15.67 percent, the all-others rate established in the less than fair value investigation.<SU>2</SU>
          <FTREF/>These deposit requirements shall remain in effect until further notice.</P>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See Antidumping Duty Order: Circular Welded Carbon Steel Pipes and Tubes From Thailand,</E>51 FR 8341 (January 27, 1986).</P>
        </FTNT>
        <HD SOURCE="HD1">Notification Regarding Administrative Protective Orders</HD>
        <P>This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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>
        <HD SOURCE="HD1">Notification to Importers</HD>
        <P>This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Department's presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties.</P>
        <P>We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
        <APPENDIX>
          <HD SOURCE="HED">Appendix</HD>
          <HD SOURCE="HD1">Issues in the Decision Memorandum</HD>
          <FP SOURCE="FP-2">Comment 1: U.S. Date of Sale for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 2: Adjustment for Duty Drawback Exemption for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 3: Freight Revenue Cap for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 4: Warehousing Expense for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 5: Actual-to-Theoretical Conversion Factor for Saha Thai's Cost of Production</FP>
          <FP SOURCE="FP-2">Comment 6: Production Quantities for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 7: Treatment of Saha Thai's Non-Prime Products in Calculating the Cost of Production</FP>
          <FP SOURCE="FP-2">Comment 8: Cost Reconciliation for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 9: Treatment of Painting Services from Saha Thai's Affiliated Parties in the Cost of Production</FP>
          <FP SOURCE="FP-2">Comment 10: Correcting an Error in the Calculation of the Freight Revenue Cap for Saha Thai</FP>
          <FP SOURCE="FP-2">Comment 11: Duty Drawback Adjustment for Pacific Pipe</FP>
          <FP SOURCE="FP-2">Comment 12: Pacific Pipe's Proposed Substitute Cost Methodology for Products Sold During the POR but Not Produced During the POR</FP>
          <FP SOURCE="FP-2">Comment 13: Correcting the Programming Error in Pacific Pipe's Comparison Market Program</FP>
          
        </APPENDIX>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25040 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Application(s) for Duty-Free Entry of Scientific Instruments</SUBJECT>
        <P>Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Public Law 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.</P>
        <P>Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before October 31, 2012. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720.</P>
        <P>
          <E T="03">Docket Number:</E>12-036.<E T="03">Applicant:</E>Michigan State University, 2555 Engineering Building Department of Mechanical Engineering, East Lansing, MI 48824-1226.<E T="03">Instrument:</E>Diode Pumped High speed Nd:YAG laser system.<E T="03">Manufacturer:</E>Edgewave GmbH, Germany.<E T="03">Intended Use:</E>The instrument will be used as a diagnostics equipment to study high temperature combustion occurring in a laboratory combustor with highly turbulent flows, specifically to detect chemical species of combustion in conditions that are similar to actual engine operating conditions. The system will be used to pump a dye laser to generate ultra-violet light which can be used to rack chemical species during combustion, such as hydroxyl (OH) radicals. The<PRTPAGE P="61740"/>hydroxyl which is excited using ultraviolet light (283 nm) will then fluoresce and can be detected using an intensified CCD camera. The key requirements that this system fulfills are the beam profile of M<SU>2</SU>&lt;2, to ability to perform sub 10 ns pulses with all the different specifications, and the crystals inside are all temperature controlled to phase match regardless of the outside temperature fluctuations.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States.<E T="03">Application accepted by Commissioner of Customs:</E>August 30, 2012.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Gregory W. Campbell,</NAME>
          <TITLE>Director of Subsidies Enforcement, Import Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25052 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Argonne National Laboratory; Notice of Decision on Application for Duty-Free Entry of Scientific Instruments</SUBJECT>
        <P>This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Ave. NW., Washington, DC.</P>
        <P>
          <E T="03">Docket Number:</E>12-007.<E T="03">Applicant:</E>Argonne National Laboratory, 9700 South Cass Ave., Lemont, IL 60439.<E T="03">Instrument:</E>Klystron.<E T="03">Manufacturer:</E>Thales Components Corp., France.<E T="03">Intended Use:</E>See notice at 77 FR 25960, May 2, 2012.<E T="03">Date of Denial without Prejudice to Resubmission:</E>June 1, 2012.<E T="03">Decision:</E>Denied. The applicant has failed to establish that domestic instruments of equivalent scientific value to the foreign instruments for the intended purposes are not available.<E T="03">Reasons:</E>Section 301.5(e)(4) of the regulations requires the denial of applications that have been denied without prejudice to resubmission if they are not resubmitted within the specified time period. This is the case for the above-mentioned docket.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Gregory W. Campbell,</NAME>
          <TITLE>Director, Subsidies Enforcement Office, Import Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25054 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[Docket No. 120913451-2451-01]</DEPDOC>
        <SUBJECT>Call for Applications for the International Buyer Program—Calendar Years 2014 and 2015</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>International Trade Administration, Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and Call for Applications.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In this notice, the U.S. Department of Commerce (DOC) announces that it will accept applications for the International Buyer Program (IBP)  for  calendar year 2014 (January 1, 2014 through December 31, 2014). The announcement also sets out the objectives, procedures and application review criteria for the IBP. The purpose of the IBP program is to bring international buyers together with U.S. firms in industries with high export potential at leading U.S. trade shows. Specifically, through the IBP, the DOC selects domestic trade shows which will receive DOC assistance in the form of global promotion in foreign markets, providing export counseling to exhibitors, and providing export counseling and matchmaking services at the trade show. This notice covers selection for IBP participation during calendar year 2014. It also announces a new pilot initiative for the IBP, which will allow up to 20% of the 2014 IBP shows to be preselected for IBP participation in calendar year 2015 (January 1, 2015 through December 31, 2015) without having to reapply for the second year. Eligibility for this pilot initiative is limited to annual trade shows that participated in the IBP in calendar years 2011 or 2012. Applicants interested in being considered for this pilot must indicate so in the application.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Applications for the IBP must be received by December 10, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The IBP application may be downloaded from<E T="03">http://www.export.gov/IBP.</E>Applications may be submitted by any of the following methods: (1) Mail/Hand Delivery Service: International Buyer Program, Trade Promotion Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, Ronald Reagan Building, 1300 Pennsylvania Ave. NW., Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004. Telephone (202) 482-0691; (2) Facsimile: (202) 482-7800; or (3) email:<E T="03">IBP2014@trade.gov.</E>Facsimile and email applications will be accepted as interim applications, but must be followed by a signed original application that is received by the program no later than five (5) business days after the application deadline. To ensure that applications are timely received by the deadline, applicants are strongly urged to send applications by hand delivery service (e.g., U.S. Postal Service Express Delivery, Federal Express, UPS, etc.).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Gary Rand, Acting Director, International Buyer Program, Trade Promotion Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave. NW., Ronald Reagan Building, Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004; Telephone (202) 482-0691; Facsimile: (202) 482-7800; Email:<E T="03">IBP2014@trade.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The IBP was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418, codified at 15 U.S.C. 4724) to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The IBP emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. Shows selected for the IBP will provide a venue for U.S. companies interested in expanding their sales into international markets.</P>

        <P>Through the IBP, the DOC selects trade shows that DOC determines to be leading international trade shows with participation by U.S. firms interested in exporting for promotion in overseas markets by U.S. Embassies and Consulates. DOC is authorized to provide successful applicants with assistance in the form of overseas promotion of the show; outreach to show participants about exporting; recruiting potential buyers to attend the events; and through physical staff assistance at the event through setting up international trade centers at the events. Worldwide promotion is executed through the offices of the DOC<PRTPAGE P="61741"/>U.S. and Foreign Commercial Service (hereinafter referred to as the Commercial Service) in more than 70 countries representing the United States' major trading partners, and also in U.S. Embassies in countries where the Commercial Service does not maintain offices.</P>
        <P>The Commercial Service is accepting applications from trade show organizers for the IBP for trade events taking place between January 1, 2014 and December 31, 2014. Selection of a trade show is valid for one event, unless the applicant is selected to participate under the pilot initiative described below, i.e., a trade show organizer seeking selection for a recurring event must submit a new application for selection for each occurrence of the event. For events that occur more than once in a calendar year, the trade show organizer must submit a separate application for each event.</P>
        <P>There is no fee required to submit an application. If accepted into the program for calendar year 2014, a participation fee of $9,800 for shows of five days or less is required. For trade shows more than five days in duration, or requiring more than one International Trade Center, a participation fee of $15,000 is required. For trade shows ten days or more in duration, and/or requiring more than two International Trade Centers, the participation fee will be determined by DOC and stated in the written notification of acceptance. In all cases, the fee is due within 45 days of written notification of acceptance into the program.</P>
        <P>For this announcement cycle only, the Commercial Service is piloting a new initiative to preselect up to 20% of the shows that are selected for the 2014 IBP, to also participate in the IBP during calendar year 2015 (January 1, 2015 through December 31, 2015), without having to reapply. The purpose of this pilot initiative is to maximize promotion to international buyers by allowing show organizers to engage in longer-term planning while reducing administrative burden on both the Commercial Service and the show organizers by avoiding the need to reapply for the second year. Eligibility for this pilot initiative is limited to annual trade events that participated in the IBP in calendar years 2011 or 2012. For events selected for both calendar years 2014 and 2015, the participation fee for the IBP program for calendar year 2015 event will be announced in the fall of 2013. Payment will be due within 45 days of written notification of the 2015 fee schedule.</P>
        <P>For the IBP in calendar year 2014, the Commercial Service expects to select approximately 35 events from among the applicants. Applicants that have expressed interest in the application for preselection for the 2015 IBP cycle will be considered for the pilot initiative. Of these applicants, up to 20% of the events for 2014 will be preselected for the next IBP cycle during the January 1, 2015 through December 31, 2015 period.</P>

        <P>The Commercial Service will select those events that are determined to most clearly meet the Commercial Service's statutory mandate in 15 U.S.C. 4721 to promote U.S. exports, especially those of small- and medium-sized enterprises, and that best meet the selection criteria articulated below. Successful applicants will be required to enter into a Memorandum of Agreement (MOA) with the DOC, and must submit payment of the 2014 participation fee within 45 days of written notification of acceptance into the IBP. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities for international promotion of and export assistance services at the trade shows are to be undertaken by the DOC as part of the IBP and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this<E T="04">Federal Register</E>Notice. Applicants are encouraged to review the MOA closely as IBP participants are required to comply with all terms, conditions, and obligations in the MOA. Trade show organizer obligations include, but are not limited to, the construction of an International Trade Center at the trade show, production of an export interest directory, and provision of complementary hotel accommodations for DOC staff as explained in the MOA. The responsibilities to be undertaken by the DOC will be carried out by the Commercial Service. Commercial Service responsibilities include, but are not limited to, the worldwide promotion of the trade show and, where feasible, recruitment of international buyers to that show, provision of on-site export assistance to U.S. exhibitors at the show, and the reporting of results to the show organizer.</P>
        <P>Selection as an IBP partner does not constitute a guarantee by DOC of the show's success. IBP partnership status is not an endorsement of the show except as to its international buyer activities. Neither non-selection of an applicant for IBP partnership status nor selection for only one calendar year should be viewed as a determination that the event will not be successful in promoting U.S. exports.</P>
        <P>
          <E T="03">Eligibility:</E>All 2014 U.S. trade events, through the show organizer, are eligible to apply for IBP participation. However, only annual U.S. trade events to be held in 2014 and 2015 that were IBP participants in calendar years 2011 and/or 2012 are eligible to apply to the pilot initiative for selection for participation for two calendar years.</P>
        <P>
          <E T="03">Exclusions:</E>Trade shows that are either first-time or horizontal (non-industry specific) events generally will not be considered.</P>
        <P>
          <E T="03">General Evaluation Criteria:</E>The Commercial Service will evaluate shows to be International Buyer Program partners using the following criteria:</P>
        <P>(a) Level of Intellectual Property Rights Protection: The trade show organizer includes in the terms and conditions of its exhibitor contracts provisions for the protection of intellectual property rights (IPR); has procedures in place at the trade show to address IPR infringement, which, at a minimum, provides information to help U.S. exhibitors procure legal representation during the trade show; and agrees to assist the DOC to reach and educate U.S. exhibitors on the Strategy Targeting Organized Piracy (STOP!), IPR protection measures available during the show, and the means to protect IPR in overseas markets, as well as in the United States.</P>

        <P>(b) Export Potential: The trade show promotes products and services from U.S. industries that have high export potential, as determined by DOC sources, e.g., Commercial Service best prospects lists and U.S. export statistics (certain industries are rated as priorities by our domestic and international commercial officers in their Country Commercial Guides, available through the Web site,<E T="03">http://www.export.gov</E>).</P>
        <P>(c) Level of International Interest: The trade show meets the needs of a significant number of overseas markets and corresponds to marketing opportunities as identified by the posts in their Country Commercial Guides (e.g., best prospect lists). Previous international attendance at the show may be used as an indicator.</P>
        <P>(d) Scope of the Show: The event must offer a broad spectrum of U.S. made products and services for the subject industry. Trade shows with a majority of U.S. firms as exhibitors are given priority.</P>
        <P>(e) U.S. Content of Show Exhibitors: Trade shows with exhibitors featuring a high percentage of products produced in the United States or products with a high degree of U.S. content will be preferred.</P>

        <P>(f) Stature of the Show: The trade show is clearly recognized by the<PRTPAGE P="61742"/>industry it covers as a leading event for the promotion of that industry's products and services both domestically and internationally, and as a showplace for the latest technology or services in that industry.</P>
        <P>(g) Level of Exhibitor Interest: There is expressed interest on the part of U.S. exhibitors in receiving international business visitors during the trade show. A significant number of U.S. exhibitors should be new-to-export (NTE) or seeking to expand their sales into additional export markets.</P>

        <P>(h) Level of Overseas Marketing: There has been a demonstrated effort by the applicant to market prior shows overseas. In addition, the applicant should describe in detail the international marketing program to be conducted for the event, and explain how efforts should increase individual and group international attendance. (Planned cooperation with Visit USA Committees overseas is desirable. For more information on Visit USA Committees go to:<E T="03">http://www.visitusa.com.</E>)</P>
        <P>(i) Logistics: The trade show site, facilities, transportation services, and availability of accommodations at the site of the exhibition must be capable of accommodating large numbers of attendees whose native language will not be English.</P>

        <P>(j) Level of Cooperation: The applicant demonstrates a willingness to cooperate with the Commercial Service to fulfill the program's goals and adhere to the target dates set out in the MOA and in the event timetables, both of which are available from the program office (see the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section above). Past experience in the IBP will be taken into account in evaluating the applications received.</P>
        <P>(k) Delegation Incentives: Show organizers should offer a range of incentives to delegations and/or delegation leaders recruited by the Commercial Service overseas posts. Examples of incentives to international visitors and to organized delegations include, but are not limited to: Waived or reduced admission fees; special organized events, such as receptions, meetings with association executives, briefings, and site tours; and complimentary accommodations for delegation leaders. Waived or reduced admission fees are required for international attendees who are members of Commercial Service-recruited delegations under this program. Delegation leaders also must be provided complimentary admission to the event.</P>
        <HD SOURCE="HD1">Review Process</HD>
        <P>The Commercial Service will vet all applications received based on the criteria set out in this notice. Vetting will include soliciting input from Commercial Service domestic and international field offices, focusing primarily on the export potential, level of international interest, and stature of the show. In reviewing applications, the Commercial Service will also consider sector and calendar diversity in terms of the need to allocate resources to support selected events. In selecting events under the two-year pilot initiative, although all of the above factors will be considered, additional emphasis will be placed on past IBP success and cooperation respectively under factors (c) and (j) above. The Assistant Secretary for Trade Promotion and Director General of the U.S. and Foreign Commercial Service will make all selection decisions.</P>
        <P>
          <E T="03">Application Requirements:</E>Show organizers submitting applications for the 2014 or 2014-2015 IBP are requested to submit: (1) A narrative statement addressing each question in the application, Form ITA-4102P; (2) a signed statement that “The above information provided is correct and the applicant will abide by the terms set forth in this Call for Applications for the 2014 and 2015 International Buyer Program (January 1, 2014 through December 31, 2015);” and (3) two copies of the application, on company letterhead, and one electronic copy submitted on a CD-RW (preferably in Microsoft Word® format), on or before the deadline noted above. Applicants interested in participating in the pilot initiative for selection of one event for two successive calendar years should explicitly so indicate in their applications. There is no fee required to apply. The Commercial Service expects to issue the results of this process in April 2013.</P>
        <P>
          <E T="03">Legal Authority:</E>The statutory program authority for the Commercial Service to conduct the International Buyer Program is 15 U.S.C. 4724. The Commercial Service has the legal authority to enter into MOAs with show organizers (partners) under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C. 2455(f) and 2458(c)). MECEA allows the Commercial Service to accept contributions of funds and services from firms for the purposes of furthering its mission.</P>

        <P>The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (Form ITA-4102P) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>) (OMB Control No. 0625-0151). Notwithstanding any other provision of law, no person is 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 currently valid OMB Control Number. For further information please contact: Gary Rand, Acting Director, International Buyer Program (<E T="03">Gary.Rand@trade.gov</E>).</P>
        <SIG>
          <NAME>Elnora Moye,</NAME>
          <TITLE>Trade Program Assistant.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24926 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[C-533-844]</DEPDOC>
        <SUBJECT>Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2010</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>The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain lined paper products from India. The period of review (POR) is January 1, 2010, through December 31, 2010, and the review covers one producer/exporter of the subject merchandise, AR. Printing &amp; Packaging India Pvt. Ltd. (AR Printing). We have preliminarily determined that AR Printing received countervailable subsidies during the POR.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 11, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Conniff, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1009.</P>
          <HD SOURCE="HD1">Scope of the Order</HD>

          <P>The merchandise subject to the order is certain lined paper products. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020,<PRTPAGE P="61743"/>4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in the<E T="03">Lined Paper Order,</E>remains dispositive.<SU>1</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia,</E>71 FR 56949 (September 28, 2006) (<E T="03">Lined Paper Order</E>).</P>
          </FTNT>
          <HD SOURCE="HD1">Methodology</HD>

          <P>The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy,<E T="03">i.e.,</E>a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.<E T="03">See</E>sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity. In making these findings, we have relied, in part, on facts available and because one or more respondents did not act to the best of their ability to respond to the Department's requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.<E T="03">See</E>sections 776(a) and (b) of the Act. Finally, the Department was not able to make a preliminary determination of countervailability for certain programs because it requires additional information. We intend to seek that information prior to our final results.</P>

          <P>For a full description of the methodology underlying our conclusions, please see “Decision Memorandum for Preliminary Results for the Countervailing Duty Administrative Review of Certain Lined Paper Products from India,” (Preliminary Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at<E T="03">http://iaaccess.trade.gov</E>and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at<E T="03">http://www.trade.gov/ia/.</E>The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.</P>
          <HD SOURCE="HD1">Preliminary Results of Review</HD>
          <P>The Department has determined that the following preliminary net subsidy rates exist for the period January 1, 2010, through, December 31, 2010:</P>
          <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,i1">
            <TTITLE>Assessment Rate</TTITLE>
            <BOXHD>
              <CHED H="1">Company</CHED>
              <CHED H="1">Net subsidy rate</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">AR. Printing &amp; Packaging India Pvt. Ltd. (AR Printing)</ENT>
              <ENT>73.51 percent<E T="03">ad valorem.</E>
              </ENT>
            </ROW>
          </GPOTABLE>
          <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L2,i1">
            <TTITLE>Cash Deposit Rate</TTITLE>
            <BOXHD>
              <CHED H="1">Company</CHED>
              <CHED H="1">Net subsidy rate</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">AR. Printing &amp; Packaging India Pvt. Ltd. (AR Printing)</ENT>
              <ENT>68.03 percent<E T="03">ad valorem.</E>
              </ENT>
            </ROW>
          </GPOTABLE>
          <HD SOURCE="HD1">Assessment and Cash Deposit Requirements</HD>
          <P>The Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. We will instruct CBP to collect cash deposits for the respondent at the countervailing duty rate indicated above of the f.o.b. invoice price on all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. We will also instruct CBP to continue to collect cash deposits for non-reviewed companies at the most recent company-specific or country-wide rate applicable to the company. These deposit requirements, when imposed, shall remain in effect until further notice.</P>
          <HD SOURCE="HD1">Disclosure and Public Comment</HD>
          <P>The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.<SU>2</SU>
            <FTREF/>Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.<SU>3</SU>
            <FTREF/>Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.</P>
          <FTNT>
            <P>
              <SU>2</SU>
              <E T="03">See</E>19 CFR 351.224(b).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>3</SU>
              <E T="03">See</E>19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).</P>
          </FTNT>
          <P>Interested parties, who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, filed electronically using Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). An electronically filed document must be received successfully in its entirety by the Department's electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.<SU>4</SU>

            <FTREF/>Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,<PRTPAGE P="61744"/>Washington, DC 20230, at a time and location to be determined.<SU>5</SU>
            <FTREF/>Parties should confirm by telephone the date, time, and location of the hearing.</P>
          <FTNT>
            <P>
              <SU>4</SU>
              <E T="03">See</E>19 CFR 351.310(c).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>5</SU>
              <E T="03">See</E>19 CFR 351.310.</P>
          </FTNT>
          <P>Unless the deadline is extended pursuant to section 751(a)(2)(B)(iv) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results.</P>
          <P>These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).</P>
          <SIG>
            <DATED>Dated: October 1, 2012.</DATED>
            <NAME>Paul Piquado,</NAME>
            <TITLE>Assistant Secretary for Import Administration.</TITLE>
          </SIG>
          <HD SOURCE="HD1">Appendix</HD>
          
          <EXTRACT>
            <HD SOURCE="HD1">Application of Adverse Facts Available (AFA)—AR Printing</HD>
            <HD SOURCE="HD2">Analysis of Programs</HD>
            <FP SOURCE="FP-2">A.<E T="03">Programs Preliminarily Determined to be Countervailable</E>
            </FP>
            <FP SOURCE="FP1-2">1.<E T="03">Pre- and Post-Shipment Export Financing</E>
            </FP>
            <FP SOURCE="FP1-2">2.<E T="03">Export Promotion of Capital Goods Scheme (EPCGS)</E>
            </FP>
            <FP SOURCE="FP1-2">3.<E T="03">Export Oriented Units (EOU) Reimbursement of Central Sales Tax (CST) Paid on Materials Procured Domestically</E>
            </FP>
            <FP SOURCE="FP1-2">4.<E T="03">Export Oriented Units Duty-Free Import of Capital Goods and Raw Materials</E>
            </FP>
            <FP SOURCE="FP1-2">5.<E T="03">Market Development Assistance (MDA)</E>
            </FP>
            <FP SOURCE="FP1-2">6.<E T="03">Market Access Initiative (MAI)</E>
            </FP>
            <FP SOURCE="FP1-2">7.<E T="03">Status Certificate Program</E>
            </FP>
            <FP SOURCE="FP1-2">8.<E T="03">Income Deduction Program (80IB Tax Program)</E>
            </FP>
            <FP SOURCE="FP1-2">9.<E T="03">Duty Entitlement Passbook Scheme (DEPS)</E>
            </FP>
            <FP SOURCE="FP1-2">10.<E T="03">Advance Authorization Program (AAP)</E>
            </FP>
            <FP SOURCE="FP1-2">11.<E T="03">Export Processing Zones (Renamed Special Economic Zones)</E>
            </FP>
            <FP SOURCE="FP1-2">12.<E T="03">Target Plus Scheme (TPS)</E>
            </FP>
            <FP SOURCE="FP-2">B.<E T="03">Programs Preliminarily Determined to Constitute a Program-Wide Change</E>
            </FP>
            <FP SOURCE="FP1-2">1.<E T="03">Income Tax Exemptions Under Section 10A</E>
            </FP>
            <FP SOURCE="FP1-2">2.<E T="03">Income Tax Exemptions Under Section 10B</E>
            </FP>
            <FP SOURCE="FP-2">C.<E T="03">Programs Preliminarily Determined to be Terminated</E>
            </FP>
            <FP SOURCE="FP1-2">1.<E T="03">Duty Free Replenishment Certificate (DFRC) Program</E>
            </FP>
            <FP SOURCE="FP-2">D.<E T="03">Programs Previously Determined to be Terminated</E>
            </FP>
            <FP SOURCE="FP1-2">1.<E T="03">Exemption of Export Credit from Interest Taxes</E>
            </FP>
            <FP SOURCE="FP1-2">2.<E T="03">Income Tax Exemptions Under 80 HHC</E>
            </FP>
            <FP SOURCE="FP-2">E.<E T="03">Programs for Which the Department Requires Additional Information</E>
            </FP>
          </EXTRACT>
          
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24815 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[Application No. 10-3A001]</DEPDOC>
        <SUBJECT>Export Trade Certificate of Review</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Issuance of an Export Trade Certificate of Review to Alaska Longline Cod Commission (Application No. 10-3A001).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On September 27, 2012, the U.S. Department of Commerce issued an amended Export Trade Certificate of Review to the Alaska Longline Cod Commission (“ALCC”). This is the third amendment to the Certificate. This notice summarizes the conduct for which certification has been granted. ALCC's original Certificate was issued on May 13, 2010 (75 FR 29514, May 26, 2010).</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Joseph E. Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number), or by Email at<E T="03">etca@trade.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2009).</P>

        <P>The Office of Competition and Economic Analysis is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the<E T="04">Federal Register</E>. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous.</P>
        <HD SOURCE="HD1">Description of Certified Conduct</HD>
        <P>ALCC's Export Trade Certificate of Review has been amended to:</P>
        <P>1. Add the following company as a Member of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Glacier Bay Fisheries, LLC.</P>
        <P>The effective date of the amended certificate is July 18, 2012, the date on which ALCC's application to amend the certificate was deemed submitted. A copy of the amended certificate will be kept in the International Trade Administration's Freedom of Information Records Inspection Facility, Room 4001, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.</P>
        <SIG>
          <DATED>Dated: October 1, 2012.</DATED>
          <NAME>Joseph E. Flynn,</NAME>
          <TITLE>Director, Office of Competition and Economic Analysis.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24881 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DR-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[Application No. 84-23A12]</DEPDOC>
        <SUBJECT>Export Trade Certificate of Review</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of application to amend the Export Trade Certificate of Review issued to Northwest Fruit Exporters, Application No. 84-23A12.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Office of Competition and Economic Analysis (“OCEA”) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (“Certificate”). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Joseph Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at<E T="03">etca@trade.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the<E T="04">Federal Register</E>identifying the applicant and summarizing its proposed export conduct.</P>
        <HD SOURCE="HD1">Request for Public Comments</HD>

        <P>Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the<PRTPAGE P="61745"/>comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential.</P>
        <P>An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7025, Washington, DC 20230.</P>
        <P>Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 84-23A12.”</P>
        <P>The Northwest Fruit Exporters' (“NWF”) original Certificate was issued on June 11, 1984 (49 FR 24581, June 14, 1984), and last amended on August 12, 2011 (76 FR 55010). A summary of the current application for an amendment follows.</P>
        <HD SOURCE="HD1">Summary of the Application</HD>
        <P>
          <E T="03">Applicant:</E>Northwest Fruit Exporters, 105 South 18th Street, Suite 227, Yakima, WA 98901. Contact: James R. Archer, Manager, (509) 576-8004.</P>
        <P>
          <E T="03">Application No.:</E>84-23A12.</P>
        <P>
          <E T="03">Date Deemed Submitted:</E>October 3, 2012.</P>
        <P>
          <E T="03">Proposed Amendment:</E>NWF seeks to amend its Certificate to:</P>
        <P>1. Add the following companies as new Members of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Crown Packing, LLC (Wenatchee, WA); HoneyBear Growers, Inc. (Brewster, WA); and Jenks Bros Cold Storage &amp; Packing (Royal City, WA); and</P>
        <P>2. Remove the following companies as Members of NWF's Certificate: J &amp; D Packing, LLC (Outlook, WA); Oregon Cherry Growers (Salem, OR); and Prentice Packing &amp; Storage (Yakima, WA); and</P>
        <P>3. Change the name of the following member: Conrad &amp; Adams Fruit LLC of Grandview, WA is now Conrad &amp; Adams Fruit L.L.C.</P>
        <SIG>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Praveen Dixit,</NAME>
          <TITLE>Deputy Assistant Secretary for Industry Analysis.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25029 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DR-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC058</RIN>
        <SUBJECT>Endangered Species; File No. 16803</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>Issuance of permit.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Notice is hereby given that NMFS Southwest Fisheries Science Center (SWFSC), 8901 La Jolla Shores Drive, La Jolla, CA 92037, [Responsible Party: Lisa Ballance, Ph.D.] has been issued a permit to take green (<E T="03">Chelonia mydas</E>), loggerhead (<E T="03">Caretta caretta</E>), and olive ridley (<E T="03">Lepidochelys olivacea</E>) sea turtles for purposes of scientific research.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The permit and related documents are available for review 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>Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Amy Hapeman or Colette Cairns, (301) 427-8401.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On June 11, 2012, notice was published in the<E T="04">Federal Register</E>(77 FR 34349) that a request for a scientific research permit to take loggerhead, green, and olive ridley sea turtles had been submitted by the above-named organization. The requested permit has been issued under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531<E T="03">et seq.</E>) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).</P>
        <P>The SWFSC has been issued a 5-year permit to take sea turtles in San Diego Bay, California. The purpose of the work is to determine their abundance, size ranges, growth, sex ratio, health status, diving behavior, local movements, habitat use, and migration routes. Up to 50 green, five olive ridley, and five loggerhead sea turtles may be captured annually by entanglement or seine netting and have the following procedures performed before release: Photography/video; carapace marking; flipper tagging and passive integrated transponder tagging; ultrasound; morphometrics; tetracycline injection; fecal, scute, blood and tissue sampling; cloacal and oral swabbing; lavage; and attachment of up to two transmitters. Animals with transmitters may be tracked by vessel after release.</P>
        <P>Issuance of this permit, as required by the ESA, was based on a finding that such permit (1) Was applied for in good faith, (2) will not operate to the disadvantage of such endangered or threatened species, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA.</P>
        <SIG>
          <DATED>Dated: October 5, 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. 2012-25011 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>United States Patent and Trademark Office</SUBAGY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <P>The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 35).</P>
        <P>
          <E T="03">Agency:</E>United States Patent and Trademark Office (USPTO).</P>
        <P>
          <E T="03">Title:</E>Patents External Quality Survey (formerly Customer Panel Quality Survey).</P>
        <P>
          <E T="03">Form Number(s):</E>None.</P>
        <P>
          <E T="03">Agency Approval Number:</E>0651-0057.</P>
        <P>
          <E T="03">Type of Request:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Burden:</E>527 hours annually.</P>
        <P>
          <E T="03">Number of Respondents:</E>3,100 responses per year, with an estimated 75 surveys submitted by small entities. Out of a sample size of 3,100 for each wave of data collection, the USPTO estimates that 1,550 completed surveys will be received, for a response rate of 50%. This estimate was based on the response rates of the previous survey waves that the USPTO has conducted. Each year of the survey will include two waves of data collection with an estimated 3,100 completed surveys received annually (1,550 completed surveys × 2 waves of the survey). Of this total, the USPTO estimates that 15% (465) of the surveys will be returned by mail and that 85% (2,635) of the surveys will be completed using the online option.<PRTPAGE P="61746"/>
        </P>
        <P>
          <E T="03">Avg. Hours per Response:</E>The USPTO estimates that it takes the public approximately ten minutes (0.17 hours) to complete either the paper or online version of this survey. This estimated time includes gathering the necessary information, completing the survey, and submitting the completed survey to the USPTO.</P>
        <P>
          <E T="03">Needs and Uses:</E>Individuals who work at firms that file more than six patent applications a year use the Patents External Quality Survey to provide the USPTO with their perceptions of examination quality. The USPTO uses the feedback gathered from the survey to assist them in targeting key areas for examination quality improvement and to identify important areas for examiner training.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households; businesses or other for-profits; and non-profit institutions.</P>
        <P>
          <E T="03">Frequency:</E>Semi-annually.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Voluntary.</P>
        <P>
          <E T="03">OMB Desk Officer:</E>Nicholas A. Fraser, email:<E T="03">Nicholas_A._Fraser@omb.eop.gov.</E>
        </P>

        <P>Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at<E T="03">www.reginfo.gov.</E>
        </P>
        <P>Paper copies can be obtained by:</P>
        <P>•<E T="03">Email: InformationCollection@uspto.gov.</E>Include “0651-0057 copy request” in the subject line of the message.</P>
        <P>•<E T="03">Mail:</E>Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.</P>

        <P>Written comments and recommendations for the proposed information collection should be sent on or before November 13, 2012 to Nicholas A. Fraser, OMB Desk Officer, via email to<E T="03">Nicholas_A._Fraser@omb.eop.gov,</E>or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.</P>
        <SIG>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Susan K. Fawcett,</NAME>
          <TITLE>Records Officer, USPTO, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25020 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-16-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Guam and Commonwealth of the Northern Mariana Islands Military Relocation (2012 Roadmap Adjustments) and Notice of Public Scoping Meetings</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the Department of the Navy (DoN) announces its intent to expand the scope of the ongoing Supplemental Environmental Impact Statement (SEIS) for a live-fire training range complex on Guam to evaluate the potential environmental consequences from construction and operation of a main cantonment area, including family housing, and associated infrastructure on Guam to support the relocation of a substantially reduced number of Marines than previously analyzed. This SEIS will supplement the Final EIS for the “Guam and Commonwealth of the Northern Mariana Islands Military Relocation; Relocating Marines from Okinawa, Visiting Aircraft Carrier Berthing, and Army Air and Missile Defense Task Force” dated July 2010.</P>
          <P>Pursuant to 40 CFR 1502.9(c), the SEIS is being prepared for the limited purpose of supplementing the 2010 Final EIS regarding the establishment of a live-fire training range complex, a main cantonment area, including family housing, and associated infrastructure on Guam.</P>
          <P>The purpose and need for the proposed action is to ensure that the relocated Marines are organized, trained, and equipped as mandated in Section 5063 of Title 10 of the U.S. Code, to satisfy individual live-fire training requirements as described in the Final EIS and associated Record of Decision (ROD), and to establish an operational U.S. Marine Corps (USMC) presence in Guam in accordance with April 2012 adjustments to the May 2006 United States-Japan Roadmap for Realignment Implementation (Roadmap).</P>
          <P>The proposed action that will be analyzed in the SEIS is to construct and operate a live-fire training range complex on Guam that allows for simultaneous use of all firing ranges to support training and operations of the relocated Marines, and a main cantonment area of sufficient size and layout to provide military support functions, including family housing. The proposed action also includes the construction of utilities and infrastructure to support the range complex, main cantonment, and housing.</P>
          <P>The live-fire training range complex will consist of a Known Distance (KD) rifle range, a KD pistol range, a Modified Record of Fire Range, a nonstandard small arms range, a Multipurpose Machine Gun (MPMG) range, and a hand grenade range. The main cantonment area will provide military support functions (also known as base operations and support) to the relocated Marines. Such functions include, but are not limited to, headquarters and administrative support, bachelor housing, family housing, supply, maintenance, open storage, community support (e.g., retail, education, recreation, medical, and day care), some site-specific training, and open space (e.g., parade grounds, open training areas, and open green space in communities). The proposed action also includes the utilities and infrastructure required to support the range, cantonment, and housing areas.</P>
          <P>The DoN has identified seven (7) preliminary alternative locations for the live-fire training range complex: Two are adjacent to Route 15 in northeastern Guam, three are located at or immediately adjacent to the Naval Magazine (NAVMAG), also known as the Naval Munitions Site, one is located at Andersen Air Force Base (AAFB) Northwest Field in northern Guam, and one is located at Naval Computer and Telecommunications Station (NCTS) Finegayan on the northwest coast of Guam. The DoN has identified five (5) preliminary alternatives for the main cantonment/family housing: AAFB, NCTS Finegayan, NCTS Finegayan (main cantonment)/South Finegayan Navy Housing (family housing), Navy and Air Force Barrigada in the central area of Guam, and Naval Base Guam in the Apra Harbor area.</P>

          <P>The preliminary alternatives may continue to evolve as the DoN considers public and regulatory agency input through the NEPA process. For example, the DoN is currently working with the Federal Aviation Administration (FAA) to determine whether airspace impacts would render an otherwise preliminary alternative untenable. Should the FAA conclude that an alternative's conflicts with existing airspace are unmitigatable, that preliminary alternative would not be carried forward for evaluation in the SEIS.<PRTPAGE P="61747"/>
          </P>
          <P>The DoN encourages government agencies, private-sector organizations, and the general public to participate in the NEPA process for the SEIS. The DoN has invited the U.S. Air Force, the FAA, the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, the Federal Highway Administration, Environmental Protection Agency Region 9, and the Office of Insular Affairs in the U.S. Department of the Interior to participate as cooperating agencies in the preparation of the SEIS.</P>

          <P>The DoN invites comments on the expanded proposed scope and content of the SEIS from all interested parties. Comments on the scope of the SEIS may be provided by mail and through the SEIS Web site at:<E T="03">http://guambuildupeis.us</E>. In addition, the DoN will conduct open-house style public scoping meetings on Guam to obtain comments on the scope of the SEIS and to identify specific environmental concerns or topics for consideration in the SEIS. Meetings will be held at the following locations and times: Thursday, November 8, 2012, from 5 p.m. to 8 p.m., Bldg. 4175 (Old McCool School) Gym/Cafeteria, Santa Rita, Guam; Friday, November 9, 2012, from 5 p.m. to 8 p.m., Okkodo High School, Dededo, Guam; and Saturday, November 10, 2012, from 12 p.m. to 3 p.m., University of Guam Field House, Mangilao, Guam.</P>
          <P>Interested agencies, individuals, and groups unable to attend the open-house public scoping meetings are encouraged to submit comments by December 10, 2012, Chamorro Standard Time (ChST). Mailed comments should be postmarked no later than December 10, 2012, ChST to ensure they are considered. Mail comments to: Joint Guam Program Office Forward, P.O. Box 153246, Santa Rita, Guam 96915.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. Todd Spitler, Communications Director, Joint Guam Program Office, phone 703-602-4728. On Guam, please contact Major Darren Alvarez, Joint Guam Program Office Forward, phone 671-339-3337.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The DoN's proposed action is to construct and operate a live-fire training range complex, a main cantonment area, including family housing, and associated infrastructure in support of the Guam Military Relocation.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>A ROD for the Final EIS was signed on September 20, 2010 (75 FR 60438, September 30, 2010). The ROD deferred a decision on the specific site for a live-fire training range complex. Regarding the establishment of the main cantonment area, the ROD selected an area utilizing Department of Defense (DoD)-owned lands at NCTS Finegayan and South Finegayan Navy Housing and acquiring land known as the former FAA parcel. The Final EIS identified this total area as the Preferred Alternative for establishment of the main cantonment area.</P>
        <P>In the months following the issuance of the ROD, the DoN made adjustments with regards to the live-fire training range complex, including application of probabilistic modeling that shrank the overall footprint of the MPMG range. DoN also formally committed that if the Route 15 area was selected for the live-fire training range complex, DoN would provide for 24 hours a day, 7 days a week access to Pagat Village and Pagat Cave historical sites, to include the trail leading to both.</P>
        <P>Faced with this new information, the DoN initially elected to prepare a SEIS limited solely to the evaluation of impacts associated with the location, construction, and operation of the live-fire training range complex. The DoN issued its Notice of Intent (NOI) to prepare the SEIS in February 2012 (77 FR 6787, February 9, 2012). In the NOI, the DoN preliminarily identified five alternatives for the range complex: Two were adjacent to Route 15 in northeastern Guam, and three were located at or immediately adjacent to the NAVMAG. Public scoping meetings were conducted for the SEIS in March 2012, and the public scoping comment period closed on April 6, 2012.</P>
        <P>Shortly after the close of the public comment period, on April 27, 2012, the U.S.-Japan Security Consultative Committee (SCC) issued a joint statement announcing its decision to adjust the plans outlined in the May 2006 Realignment Roadmap. In accordance with the SCC's adjustments, the DoD adopted a new force posture in the Pacific providing for a materially smaller force on Guam. Specifically, the adjustments include reducing the originally planned relocation of approximately 8,600 Marines and 9,000 dependents to a force of approximately 5,000 Marines and approximately 1,300 dependents on Guam. That decision prompted the DoN's review of the major actions previously planned for Guam and approved in the September 2010 ROD. This review concluded that while some actions remain unchanged as a result of the smaller force size, others, such as the main cantonment and family housing areas, could significantly change as a result of the modified force. The DoN has opted to issue a new NOI and amend the scope of the ongoing SEIS to add those actions that may materially change as a result of the new force posture.</P>
        <HD SOURCE="HD1">Range of Preliminary Alternatives</HD>
        <P>The proposed reduction in the size of the new force structure does not affect all of the decisions that were made in the September 2010 ROD. For example, the relocation of the Marine Corps Aviation Combat Element facilities to AAFB, the development of the North Gate and access road at AAFB, the establishment of training ranges on Tinian, Apra Harbor wharf improvements, and the non-live-fire training ranges on Andersen South remain unaffected by the changes in force structure resulting from the April 2012 Roadmap adjustments. These actions will occur no matter where on Guam the main cantonment and family housing areas and live-fire training range complex are situated. The potential environmental effects of these actions were fully and accurately considered and analyzed in the 2010 Final EIS. For those decisions that are not affected by the new force structure, the September 2010 ROD stands as the final agency action for those elements. The expanded scope of the SEIS does not include the transient aircraft carrier berthing in Apra Harbor and the Army Air and Missile Defense Task Force.</P>
        <P>The reduction in the number of Marines and dependents to be relocated to Guam led to a reduction in the footprint for the main cantonment area, enabling development of new preliminary alternatives to be considered. The possibility of not establishing the main cantonment area at NCTS Finegayan opened that area up for consideration as a new preliminary alternative for the live-fire training range complex. Consideration of public input, refinement of range designs, and a reassessment of operational requirements, conflicts, and opportunities resulted in AAFB Northwest Field being added as a new preliminary range alternative. The number and size of the ranges comprising the live-fire training range complex are unaffected by the April 2012 adjustments to the Roadmap and will remain as described in the 2010 Final EIS. Similarly, the qualification standards have not changed.</P>

        <P>The DoN has identified five (5) preliminary alternatives for establishment of the main cantonment/family housing area: AAFB, NCTS Finegayan, NCTS Finegayan (main cantonment)/South Finegayan Navy Housing (family housing), Navy and Air Force Barrigada, and Naval Base Guam.<PRTPAGE P="61748"/>
        </P>
        <P>The SEIS will also consider the No Action Alternative. Under the No Action Alternative, the DoN would continue to implement the September 2010 ROD. The decision to construct and operate the live-fire training range complex would remain deferred, and DoN would establish a main cantonment area for approximately 8,600 Marines and approximately 9,000 dependents on DoD-controlled lands at NCTS Finegayan and South Finegayan and by acquiring land known as the former FAA parcel. Although the No Action Alternative presumes the present course of action identified in the September 2010 ROD, for purposes of assessing the environmental impacts of the proposed alternatives in the SEIS, the DoN will compare the impacts of the proposed action to the baseline conditions identified in the July 2010 Final EIS. Baseline conditions will be updated in the SEIS, as appropriate, if new information is made available. The No Action Alternative is not a reasonable alternative. Foremost, it is inconsistent with the new force posture adopted by the DoD in accordance with the SCC's April 27, 2012 adjustments to the Roadmap, which provide for a materially smaller relocated force on Guam. Furthermore, the No Action Alternative neither satisfies the need for training requirements for the relocated Marines as mandated in Section 5063 of Title 10 the U.S. Code, nor the individual live-fire training requirements as described in the Final EIS and ROD.</P>
        <P>The SEIS will evaluate environmental effects associated with: Geology and soils; water resources, which may include surface and ground water, floodplains, wetlands, wild and scenic rivers; terrestrial biology; threatened and endangered species and their designated critical habitat (if applicable); air quality; noise; airspace; cultural resources; socioeconomics; environmental justice (minority and low income populations and children); land use and coastal zone management federal consistency; utilities, transportation; hazardous materials/hazardous waste/installation restoration; public health and safety; and other environmental concerns as identified through scoping. The analysis will include an evaluation of direct and indirect impacts, and will account for cumulative impacts from other relevant activities in the area of Guam. Additionally, the DoN will undertake any consultations required by all applicable laws or regulations.</P>
        <P>No decision will be made to implement any alternative until the SEIS process is completed and a ROD is signed by the Assistant Secretary of the Navy (Energy, Installations and Environment) or her/his designee.</P>
        <P>By publishing this Notice, the DoN is initiating a scoping process to identify community concerns and issues that should be addressed in the SEIS. Federal, Territorial, and local agencies, and interested parties and persons are encouraged to provide comments on the proposed action that clearly describe specific issues or topics of environmental concern that the commenter believes the DoN should consider. Additional information will be posted on the project web site as it becomes available.</P>

        <P>Comments may be submitted in writing at one of the public scoping meetings, through the project web site at:<E T="03">http://guambuildupeis.us,</E>or may be mailed to: Joint Guam Program Office Forward, P.O. Box 153246, Santa Rita, Guam, 96915.</P>
        <P>To ensure consideration, all written comments on the scope of the SEIS must be submitted or postmarked by December 10, 2012, ChST.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>C.K. Chiappetta,</NAME>
          <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24972 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Availability of Government-Owned Inventions; Available for Licensing</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for domestic and foreign licensing by the Department of the Navy.</P>
          <P>The following patents are available for licensing: Patent No. 7,810,498: VOLUME EXPANSION SYSTEM FOR BREATHING GAS IN CLOSED-CIRCUIT BREATHING//Patent No. 7,813,529: OPTICAL 3-D SURFACE TOMOGRAPHY USING DEPTH FROM FOCUS OF PARTIALLY OVERLAPPING 2-D IMAGES//Patent No. 7,905,527: HARNESS ASSEMBLY FOR USE IN UNDERWATER RECOVERY OPERATIONS//Patent No. 7,932,718: SYSTEM AND METHOD USING MAGNETIC ANOMALY FIELD MAGNITUDES FOR DETECTION, LOCALIZATION, CLASSIFICATION AND TRACKING OF MAGNETIC OBJECTS//</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Requests for copies of the patents cited should be directed to Office of Counsel, Naval Surface Warfare Center Panama City Division, 110 Vernon Ave., Panama City, FL 32407-7001.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mr. James Shepherd, Patent Counsel, Naval Surface Warfare Center Panama City Division, 110 Vernon Ave., Panama City, FL 32407-7001, telephone 850-234-4646.</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>35 U.S.C. 207, 37 CFR part 404.</P>
          </AUTH>
          <SIG>
            <DATED>Dated: October 3, 2012.</DATED>
            <NAME>C.K. Chiappetta,</NAME>
            <TITLE>Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24967 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBJECT>Annual Public Meeting of the Interagency Steering Committee on Multimedia Environmental Modeling</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Environmental Management, Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The annual public meeting of the Federal Interagency Steering Committee on Multimedia Environmental Modeling (ISCMEM) will convene to discuss the latest developments in environmental modeling applications, tools and frameworks as well as new operational initiatives for FY 2013 among the participating agencies. The meeting will be hosted by the U.S. Geological Survey, one of the participants in the ISCMEM, at its headquarters facility in Reston, VA. The meeting is open to the public and all interested parties may attend.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>November 7 and 8, 2012, from 8:30 a.m. to 5:30 p.m., EST and November 9, 2012, from 8:30 a.m. to noon, EST.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>U.S. Geological Survey, 12201 Sunrise Valley Drive, Reston, Virginia.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Pre-registration may be accomplished through the ISCMEM public Web site:<E T="03">http://iemhub.org/topics/iscmem</E>. Instructions for registration through the Web site may be requested by email to<E T="03">Whelan.Gene@epamail.epa.gov</E>. Other inquiries and notice of intent to attend the meeting may be faxed or emailed to: Dr. Ming Zhu, ISCMEM Chair, U.S.<PRTPAGE P="61749"/>Department of Energy, Office of Environmental Management, 1000 Independence Ave. SW., Washington, DC 20585, Tel 301-903-9240, Fax 301-903-4307,<E T="03">Ming.Zhu@em.doe.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Background:</E>In 2001 six Federal agencies began formal cooperation under a Memorandum of Understanding (MOU) on the research and development of multimedia (i.e. air, soil, water) environmental models. This MOU established the Federal Interagency Steering Committee on Multimedia Environmental Modeling (ISCMEM). The MOU was revised and renewed in 2006 and 2011. The MOU establishes a framework for facilitating cooperation and coordination among research organizations in the participating agencies. So far, six agencies have signed the current renewal of the MOU: The U.S. Army Corps of Engineers (Engineer Research and Development Center); the U.S. Department of Energy (Office of Environmental Management); the U.S. Department of Interior (U.S. Geological Survey); the U.S. Environmental Protection Agency (Office of Research and Development); the U.S. National Science Foundation (Geosciences Directorate); and the U.S. Nuclear Regulatory Commission (Office of Nuclear Regulatory Research). Other agencies are still reviewing the revised MOU.</P>
        <P>In ISCMEM, agencies work to cooperate and coordinate in the research and development of all aspects of multimedia environmental modeling. This includes development and enhancements of software, databases, and interoperability. It includes applications and assessment of site specific, generic, and process-oriented multimedia environmental models as they pertain to human and environmental health risk assessment. Multimedia environmental model development and simulation supports interagency interests in risk assessment, uncertainty analyses, and management of geologic, hydrologic, atmospheric, terrestrial, and ecological resources. The topics to be discussed this year focus on: (1) Development of frameworks and platforms; (2) subsurface biogeochemical studies; (3) cyber-water research program; and (4) integration modeling for national weather services, water resources management, and surface water and ecological systems.</P>
        <P>
          <E T="03">Purpose of the Public Meeting:</E>The annual public meeting provides an opportunity for the scientific community, ISCMEM members and other Federal and State agencies, and the public to discuss ISCMEM activities and their initiatives for the upcoming year, and to discuss technological advancements in multimedia environmental modeling.</P>
        <P>
          <E T="03">Proposed Agenda:</E>The ISCMEM Chair will open the meeting with a brief overview of the goals of the MOU and an update on current activities and future plans of ISCMEM. This introduction will be followed by a series of invited technical presentations for the remainder of the first day and for the entire second day, focusing on topics of mutual interest to ISCMEM participants. The steering committee will hold an open business session on the morning of the third day. A detailed agenda with presentation titles and speakers will be posted on the ISCMEM public Web site:<E T="03">http://iemhub.org/topics/iscmem.</E>The agenda and instructions for registration will also be available through the list of public meetings on the US Nuclear Regulatory Commission Web site at<E T="03">http://www.nrc.gov/public-involve/public-meetings.html.</E>
        </P>
        <P>
          <E T="03">Meeting Access:</E>The meeting facility at the U.S. Geological Survey Headquarters is located at 12201 Sunrise Valley Drive, Reston, VA, near the Washington Dulles International Airport. Directions to the U.S. Geological Survey Headquarters can be found on its Web site at<E T="03">http://www.usgs.gov/visitors/directions.asp.</E>The most convenient transportation to the meeting venue is via automobile. There is free visitor parking at the U.S. Geological Survey facility. The meeting facility is wheel-chair accessible. Please allow time to register with building security and bring two photo ID's. Direct access to the meeting facility is available on the same level and near the visitor security check-in. Please pre-register through the Web site listed above under<E T="02">FOR FURTHER INFORMATION CONTACT</E>or via the agency contact information. Please follow signs for the ISCMEM public meeting.</P>
        <SIG>
          <NAME>Ming Zhu,</NAME>
          <TITLE>Chair, Federal Interagency Steering Committee on Multimedia Environmental Modeling.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24982 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <DEPDOC>[Public Notice 2012-0526]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-term Loan or Financial Guarantee in Excess of $100 Million; 25 Day Comment Period</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Export-Import Bank of the U.S.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of 25 day comment period regarding an application for final commitment for a long-term loan or financial guarantee in excess of $100 million.</P>
        </ACT>
        <P>
          <E T="03">Reason for Notice:</E>This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the Export-Import Bank of the United States (“Ex-Im Bank”), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction.</P>
        <P>
          <E T="03">Reference:</E>AP086383XX.</P>
        <HD SOURCE="HD1">Purpose and Use</HD>
        <P>Brief description of the purpose of the transaction:</P>
        <P>To support the export of U.S. services and equipment for setting up of new gasification plant and the expansion and improvement of petrochemical manufacturing facilities in India.</P>
        <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
        <P>To be used for the expansion and improvement of petrochemical manufacturing facilities and setting up of new gasification plant in India.</P>
        <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported may be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.</P>
        <HD SOURCE="HD1">Parties</HD>
        <P>
          <E T="03">Principal Supplier:</E>Fluor Enterprises, Inc.</P>
        <P>
          <E T="03">Obligor:</E>Reliance Industries Limited.</P>
        <P>
          <E T="03">Guarantor(s):</E>N/A.</P>
        <HD SOURCE="HD1">Description of Items Being Exported</HD>
        <P>Gas turbines, compressors, centrifuges, technology licenses, engineering services and related equipment.</P>
        <P>
          <E T="03">Information on Decision:</E>Information on the final decision for this transaction<PRTPAGE P="61750"/>will be available in the “Summary Minutes of Meetings of Board of Directors” on<E T="03">http://www.exim.gov/articles.cfm/board%20minute.</E>
        </P>
        <P>
          <E T="03">Confidential Information:</E>Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before November 5, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments may be submitted through<E T="03">www.regulations.gov.</E>
          </P>
        </ADD>
        <SIG>
          <NAME>Kathryn Hoff-Patrinos,</NAME>
          <TITLE>Deputy General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24981 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <DEPDOC>[Public Notice 2012-0528]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-term Loan or Financial Guarantee in Excess of $100 Million; 25 Day Comment Period</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Export-Import Bank of the United States.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of 25 day comment period regarding an application for final commitment for a long-term loan or financial guarantee in excess of $100 million.</P>
        </ACT>
        <P>
          <E T="03">Reason for Notice:</E>This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the Export-Import Bank of the United States (“Ex-Im Bank”), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction.</P>
        <P>
          <E T="03">Reference:</E>AP083531XP.</P>
        <P>
          <E T="03">Purpose and Use:</E>Brief description of the purpose of the transaction:</P>
        <P>To support the export of a U.S.-manufactured satellite and associated services to China (Hong Kong).</P>
        <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
        <P>The U.S. exports will be used to provide video and data communication services.</P>
        <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported are not expected to be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.</P>
        <P>
          <E T="03">Parties: Principal Suppliers:</E>Space Systems/Loral Inc.</P>
        <P>
          <E T="03">Obligor:</E>Kingsbridge Ltd.</P>
        <P>
          <E T="03">Guarantor(s):</E>Asia Broadcast Satellite Holdings, Ltd., Asia Broadcast Satellite 2, Ltd., Asia Broadcast Satellite (HK), Ltd., Asia Broadcast Satellite Ltd.</P>
        <P>
          <E T="03">Description of Items Being Exported:</E>The items being exported are a satellite, ground equipment, and associated services.</P>
        <P>
          <E T="03">Information on Decision:</E>Information on the final decision for this transaction will be available in the “Summary Minutes of Meetings of Board of Directors” on<E T="03">http://www.exim.gov/articles.cfm/board%20minute</E>
        </P>
        <P>
          <E T="03">Confidential Information:</E>Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before November 5, 2012 to be assured of consideration before final consideration of the transaction by the Board of Directors of Ex-Im Bank.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments may be submitted through<E T="03">www.regulations.gov.</E>
          </P>
        </ADD>
        <SIG>
          <NAME>Kathryn Hoff-Patrinos,</NAME>
          <TITLE>Deputy General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25000 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">EXPORT-IMPORT BANK OF THE UNITED STATES</AGENCY>
        <DEPDOC>[Public Notice 2012-0527]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million; 25 Day Comment Period</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Export-Import Bank of the United States.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of 25 day comment period regarding an application for final commitment for a long-term loan or financial guarantee in excess of $100 million.</P>
        </ACT>
        <P>
          <E T="03">Reason for Notice:</E>This Notice is to inform the public, in accordance with Section 3(c)(10) of the Charter of the Export-Import Bank of the United States (“Ex-Im Bank”), that Ex-Im Bank has received an application for final commitment for a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction.</P>
        <P>
          <E T="03">Reference:</E>AP086918XX</P>
        <P>
          <E T="03">Purpose and Use:</E>
        </P>
        <P>Brief description of the purpose of the transaction:</P>
        <P>To support the export of U.S.-manufactured satellites and associated services to China (Hong Kong).</P>
        <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
        <P>The U.S. exports will be used to provide video and data communication services.</P>
        <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported are not expected to be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry.</P>
        <P>
          <E T="03">Parties:</E>
        </P>
        <P>
          <E T="03">Principal Suppliers:</E>Boeing Space and Intelligence Systems, Space Exploration Technologies Corp., Aon plc.</P>
        <P>
          <E T="03">Obligor:</E>Kingsbridge Ltd.</P>
        <P>
          <E T="03">Guarantor(s):</E>Asia Broadcast Satellite Holdings, Ltd., Asia Broadcast Satellite 2, Ltd., Asia Broadcast Satellite (HK), Ltd., Asia Broadcast Satellite Ltd.</P>
        <HD SOURCE="HD1">Description of Items Being Exported</HD>
        <P>The items being exported are satellites, ground equipment, launch services, and associated services</P>
        <P>
          <E T="03">Information on Decision:</E>Information on the final decision for this transaction will be available in the “Summary Minutes of Meetings of Board of Directors” on<E T="03">http://www.exim.gov/articles.cfm/board%20minute</E>
        </P>
        <P>
          <E T="03">Confidential Information:</E>Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Comments must be received on or before November 5, 2012 to be assured of consideration before final<PRTPAGE P="61751"/>consideration of the transaction by the Board of Directors of Ex-Im Bank.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Comments may be submitted through<E T="03">www.regulations.gov.</E>
          </P>
        </ADD>
        <SIG>
          <NAME>Kathryn Hoff-Patrinos,</NAME>
          <TITLE>Deputy General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24983 Filed 10-10-12; 8:45 am]</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 October 11, 2012, from 9:00 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>This meeting of the Board will be open to the public (limited space available). In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matter to be considered at the meeting is:</P>
        <HD SOURCE="HD1">Open Session</HD>
        <HD SOURCE="HD2">A. Approval of Minutes</HD>
        <P>• September 13, 2012</P>
        <HD SOURCE="HD2">B. New Business</HD>
        <P>• Final Rule—Investment Management</P>
        <P>• Final Rule—Farmer Mac Investment Management</P>
        <P>• Bookletter—Providing Credit to Farmers and Ranchers Operating in Local/Regional Food Systems</P>
        <SIG>
          <DATED>Dated: October 9, 2012.</DATED>
          <NAME>Dale L. Aultman,</NAME>
          <TITLE>Secretary, Farm Credit Administration Board.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25122 Filed 10-9-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 6705-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL DEPOSIT INSURANCE CORPORATION</AGENCY>
        <SUBJECT>Notice to All Interested Parties of the Termination of the Receivership of 10132—Bank of Elmwood, Racine, WI</SUBJECT>
        <P>
          <E T="03">Notice is hereby given</E>that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Bank of Elmwood, Racine, WI (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Bank of Elmwood on October 23, 2009. 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 32.1, 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>
          <DATED>Dated at Washington, DC, this 5th day of October, 2012.</DATED>
          
          <P>Federal Deposit Insurance Corporation.</P>
          <NAME>Robert E. Feldman,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25005 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6714-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL ELECTION COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Election Commission</P>
        </AGY>
        <PREAMHD>
          <HD SOURCE="HED">DATE and TIME:</HD>
          <P>Tuesday, October 16, 2012 at 10:00 a.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>999 E Street NW., Washington, DC.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>This Meeting will be Closed to the Public.</P>
        </PREAMHD>
        <HD SOURCE="HD1">Items To Be Discussed</HD>
        <FP SOURCE="FP-1">Compliance matters pursuant to 2 U.S.C. 437g</FP>
        <FP SOURCE="FP-1">Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C.</FP>
        <FP SOURCE="FP-1">Matters concerning participation in civil actions or proceedings or arbitration</FP>
        <FP SOURCE="FP-1">Internal personnel rules and procedures or matters affecting a particular employee</FP>
        <STARS/>
        <PREAMHD>
          <HD SOURCE="HED">PERSON TO CONTACT FOR INFORMATION:</HD>
          <P>Judith Ingram, Press Officer, Telephone: (202) 694-1220.</P>
        </PREAMHD>
        <SIG>
          <NAME>Shelley E. Garr,</NAME>
          <TITLE>Deputy Secretary of the Commission.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25125 Filed 10-9-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 6715-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Notice of Agreements Filed</SUBJECT>

        <P>The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the<E T="04">Federal Register</E>. Copies of the agreements are available through the Commission's Web site (<E T="03">www.fmc.gov</E>) or by contacting the Office of Agreements at (202) 523-5793 or<E T="03">tradeanalysis@fmc.gov.</E>
        </P>
        <P>
          <E T="03">Agreement No.:</E>012155-001.</P>
        <P>
          <E T="03">Title:</E>MSC/Zim South America East Coast Vessel Sharing Agreement.</P>
        <P>
          <E T="03">Parties:</E>Mediterranean Shipping Co. S.A. and Zim Integrated Shipping Services Ltd.</P>
        <P>
          <E T="03">Filing Party:</E>Wayne R. Rohde, Esq.; Cozen O'Connor; 1627 I Street NW., Suite 1100; Washington, DC 20006-4007.</P>
        <P>
          <E T="03">Synopsis:</E>The amendment revises the geographic scope of the Agreement by adding Mexico and deleting Panama. It also revises the number and capacity of vessels to be operated by the parties, adjusts the space allocations accordingly, and revises the space charter arrangement between the parties. It also updates the address of MSC and restates the Agreement.</P>
        <P>
          <E T="03">Agreement No.:</E>012184-000.</P>
        <P>
          <E T="03">Title:</E>Crowley/Maersk Line Panama-U.S. Space Charter Agreement.</P>
        <P>
          <E T="03">Parties:</E>Crowley Latin America Services, LLC and A.P. Moller-Maersk A/S</P>
        <P>
          <E T="03">Filing Party:</E>Wayne R. Rohde, Esq.; Cozen O'Connor; 1627 I Street NW., Suite 1100; Washington, DC 20006-4007.</P>
        <P>
          <E T="03">Synopsis:</E>The agreement authorizes Crowley to charter space to Maersk Line in the trade from Panama to the U.S. Atlantic Coast.</P>
        <SIG>
          <PRTPAGE P="61752"/>
          <DATED>By Order of the Federal Maritime Commission.</DATED>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Karen V. Gregory,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25044 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License Revocations</SUBJECT>
        <P>The Commission gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. 40101) effective on the date shown.</P>
        
        <P>
          <E T="03">License No.:</E>13543N.</P>
        <P>
          <E T="03">Name:</E>Knight International Corporation.</P>
        <P>
          <E T="03">Address:</E>1345 Woodline Road, East Hampton, NJ 08060.</P>
        <P>
          <E T="03">Date Revoked:</E>September 30, 2012.</P>
        <P>
          <E T="03">Reason:</E>Voluntary surrender of license.</P>
        
        <P>
          <E T="03">License No.:</E>019372N.</P>
        <P>
          <E T="03">Name:</E>Action Brokerage Corp.</P>
        <P>
          <E T="03">Address:</E>4477 NW 97th Avenue, Miami, FL 33178.</P>
        <P>
          <E T="03">Date Revoked:</E>September 24, 2012.</P>
        <P>
          <E T="03">Reason:</E>Voluntary surrender of license.</P>
        
        <P>
          <E T="03">License No.:</E>023305NF.</P>
        <P>
          <E T="03">Name:</E>Wilson Transportation, Inc.</P>
        <P>
          <E T="03">Address:</E>16226 Foster Street, Overland Park, KS 66085.</P>
        <P>
          <E T="03">Date Revoked:</E>September 25, 2012.</P>
        <P>
          <E T="03">Reason:</E>Voluntary surrender of license.</P>
        
        <P>
          <E T="03">License No.:</E>023644N.</P>
        <P>
          <E T="03">Name:</E>Multimodal Container Consulting LLC dba World Maritime NVOCC.</P>
        <P>
          <E T="03">Address:</E>2081 Raritan Road, Scotch Plains, NJ 07076-4711.</P>
        <P>
          <E T="03">Date Revoked:</E>September 24, 2012.</P>
        <P>
          <E T="03">Reason:</E>Voluntary surrender of license.</P>
        <SIG>
          <NAME>Vern W. Hill,</NAME>
          <TITLE>
            <E T="03">Director, Bureau of Certification and Licensing.</E>
          </TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25041 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License Reissuances</SUBJECT>
        <P>The Commission gives notice that the following Ocean Transportation Intermediary licenses have been reissued pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. 40101).</P>
        <P>
          <E T="03">License No.:</E>002302F.</P>
        <P>
          <E T="03">Name:</E>Whiting World-Wide Inc.</P>
        <P>
          <E T="03">Address:</E>1901 NW. 79th Avenue, Miami, FL 33126.</P>
        <P>
          <E T="03">Date Reissued:</E>August 23, 2012.</P>
        
        <P>
          <E T="03">License No.:</E>017342N.</P>
        <P>
          <E T="03">Name:</E>Trans Circle Inc.</P>
        <P>
          <E T="03">Address:</E>1927 West 139th Street, Gardena, CA 90249.</P>
        <P>
          <E T="03">Date Reissued:</E>August 15, 2012.</P>
        
        <P>
          <E T="03">License No.:</E>020088N.</P>
        <P>
          <E T="03">Name:</E>Hal-Mari International Logistics, Inc.</P>
        <P>
          <E T="03">Address:</E>9122 Telephone Road, Houston, TX 77075.</P>
        <P>
          <E T="03">Date Reissued:</E>August 30, 2012.</P>
        <SIG>
          <NAME>Vern W. Hill,</NAME>
          <TITLE>Director, Bureau of Certification and Licensing.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25050 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License Applicants</SUBJECT>
        <P>The Commission gives notice that the following applicants have filed an application for an Ocean Transportation Intermediary (OTI) license as a Non-Vessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF) pursuant to section 40901 of the Shipping Act of 1984 (46 U.S.C. 40101). Notice is also given of the filing of applications to amend an existing OTI license or the Qualifying Individual (QI) for a licensee.</P>

        <P>Interested persons may contact the Office of Ocean Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573, by telephone at (202) 523-5843 or by email at<E T="03">OTI@fmc.gov</E>.</P>
        
        <FP SOURCE="FP-1">Always Affordable Shipping LLC (NVO),16 Angela Circle,Hazlet, NJ 07730,Officers:Christopher L. Loux, President (QI),Steven Van Elk, Treasurer,Application Type: Transfer to NMT USA (New Jersey) Inc.</FP>
        <FP SOURCE="FP-1">Apex Maritime Co. (HOU) Inc. (NVO),9610 Long Point, Suite 320,Houston, TX 77055,Officers:Vicky Cheung, President (QI),James Chu, Vice President,Application Type: New NVO License.</FP>
        <FP SOURCE="FP-1">Awilda Shipping Inc. (NVO),41-02 108 Street,Corona, NY 11368,Officers:Inocencia Del Villar, President (QI),Jorge Perez, Vice President,Application Type: New NVO License.</FP>
        <FP SOURCE="FP-1">Ayodeji Oluseun Bamijoko dba Star Express Shipping (OFF),2600 Westhollow Drive, #312,Houston, TX 77082,Officer:Ayodeji O. Bamijoko, Sole Proprietor (QI),Application Type: New OFF License.</FP>
        <FP SOURCE="FP-1">Chicago Express International, Inc. (OFF),301 Frontier Way,Bensenville, IL 60106,Officer:Lutz Austermeier, President (QI),Application Type: New OFF License.</FP>
        <FP SOURCE="FP-1">Easy Express Inc. (NVO &amp; OFF),11222 S. La Cienega Blvd., #410,Inglewood, CA 90304,Officers:Erwin Ross Dalao, CFO (QI),Yang Su, CEO,Application Type: New NVO &amp; OFF License.</FP>
        <FP SOURCE="FP-1">Econshippers, LLC (NVO),3421 Hampton Hollow Drive, #F,Silver Spring, MD 20904,Officer:Mario Theranus, President (QI),Application Type: New NVO License.</FP>
        <FP SOURCE="FP-1">Equipsa Inc. (OFF),2105 NW. 102 Avenue,Miami, FL 33172,Officers:Isabel C. Montejo, GM (QI),Arthur Gelfand, President,Application Type: Add NVO Service.</FP>
        <FP SOURCE="FP-1">Estevez and Sons, LLC dba Embarqueya Quisqueya (OFF),9160 Estate Thomas, Fortress Self-Storage Unit H-815,St. Thomas, VI 00802,Officers:Emilo J. Estevez, Member (QI),Luz V. Estevez, Member,Application Type: New OFF License.</FP>
        <FP SOURCE="FP-1">Focus Forwarding, Inc (OFF),5237 Banbury Circle,La Palma, CA 90623,Officer:Chiyoon Apollo Sung, Director (QI),Application Type: New OFF License.</FP>
        <FP SOURCE="FP-1">Innocent P. Ajaroh dba Innglo Global (NVO &amp; OFF),2427 Texana Way,Richmond, TX 77406,Officer:Innocent P. Ajaroh, Sole Proprietor (QI),Application Type: Add NVO Service.</FP>
        <FP SOURCE="FP-1">Inter Shipping Line, Inc. (OFF),18039 Crenshaw Blvd., #311,Torrance, CA 90504,Officers:Brendan Sheen, CFO (QI),Seungjoon Kim, CEO,Application Type: New OFF License.</FP>
        <FP SOURCE="FP-1">Korchina Logistics USA, Inc. (NVO &amp; OFF),18120 S. Broadway Street, Unit A,Gardena, CA 90248,Officers:Jong (A.K.A. Jake) K. Park, CFO (QI),Eric Sun, President,Application Type: QI Change.</FP>
        <FP SOURCE="FP-1">La Isabela Embarque Corporation (NVO &amp; OFF),376 Totowa Avenue,Paterson, NJ 07502,Officers:Robert Guerra, President (QI),Henry Guerra, Vice President,Application Type: New NVO &amp; OFF License.</FP>
        <FP SOURCE="FP-1">Ocean Line Logistics Inc. (NVO &amp; OFF),630 W. Duarte Road, #205,Arcadia, CA 91007,Officer:Peixin Li, President (QI),Application Type: QI Change.</FP>
        <FP SOURCE="FP-1">Panda Logistics (NY), Inc. (NVO),10 East Merrick Road, Suite 204,Valley Stream, NY 11580,Officers:Cooper Chao, President (QI),Marjorie Ovid, CFO,Application Type: QI Change.</FP>

        <FP SOURCE="FP-1">Pegasus Worldwide Logistics NY, Inc. (NVO),10 East Merrick Road, Suite 204,Valley Stream, NY 11580,Officers:Raymond Choy, Vice<PRTPAGE P="61753"/>President (QI),Cooper Chao, President,Application Type: QI Change.</FP>
        <FP SOURCE="FP-1">Seven Seas Cargo, LLC (NVO &amp; OFF),200 Emile Street, Suite #A,Houston, TX 77020,Officer:Moataz Kesba, Member (QI),Application Type: New NVO &amp; OFF License.</FP>
        <FP SOURCE="FP-1">Suncoast Ocean Lines, LLC (NVO),3426 Hancock Bridge Parkway, Suite 305,North Fort Myers, FL 33903,Officer:Anton Samoila, Managing Member (QI),Application Type: New NVO License.</FP>
        <SIG>
          <P>By the Commission.</P>
          
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Karen V. Gregory,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25049 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Formations of, Acquisitions by, and Mergers of Bank Holding Companies</SUBJECT>

        <P>The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841<E T="03">et seq.</E>) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.</P>
        <P>The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.</P>
        <P>Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 5, 2012.</P>
        <P>A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:</P>
        <P>1.<E T="03">BancTenn Corp.,</E>Kingsport, Tennessee; to merge with Carter County Bancorp, Inc., and thereby indirectly acquire Carter County Bank, both in Elizabethton, Tennessee.</P>
        <P>2.<E T="03">MidSouth Bancorp, Inc.,</E>Lafayette, Louisiana; to merge with PSB Financial Corporation, and thereby indirectly acquire Peoples State Bank, both in Many, Louisiana.</P>
        <SIG>
          <DATED>Board of Governors of the Federal Reserve System, October 5, 2012.</DATED>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24978 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL TRADE COMMISSION</AGENCY>
        <SUBJECT>Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules</SUBJECT>

        <P>Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the<E T="04">Federal Register</E>.</P>
        <P>The following transactions were granted early termination—on the dates indicated—of the waiting period provided by law and the premerger notification rules. The listing for each transaction includes the transaction number and the parties to the transaction. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period.</P>
        <GPOTABLE CDEF="xs50,xls12,r100" COLS="3" OPTS="L2,p1,8/9,i1">
          <TTITLE>Early Terminations Granted—September 1, 2012 Through September 30, 2012</TTITLE>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1"/>
            <CHED H="1"/>
          </BOXHD>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/04/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121107</ENT>
            <ENT>G</ENT>
            <ENT>St. Joseph Health System; Hoag Memorial Hospital Presbyterian St. Joseph Health System.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121291</ENT>
            <ENT>G</ENT>
            <ENT>William Goldring; OCM Luxembourg Spirits Holdings Sarl; William Goldring.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/05/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121224</ENT>
            <ENT>G</ENT>
            <ENT>The Dai-ichi Life Insurance Company, Limited; Janus Capital Group Inc.; The Dai-ichi Life Insurance Company, Limited.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121269</ENT>
            <ENT>G</ENT>
            <ENT>China National Offshore Oil Corporation; Nexen Inc. China National Offshore Oil Corporation.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121290</ENT>
            <ENT>G</ENT>
            <ENT>Loews Corporation; PL Logistics LLC; Loews Corporation.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/06/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121251</ENT>
            <ENT>G</ENT>
            <ENT>Bain Capital Partners Asia II, L.P.; Genpact Limited; Bain Capital Partners Asia II, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121252</ENT>
            <ENT>G</ENT>
            <ENT>Bain Capital Partners X, L.P.; Genpact Limited; Bain Capital Partners X, L.P.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121263</ENT>
            <ENT>G</ENT>
            <ENT>Optima Group LLC; Georgian American Alloys, Inc.; Optima Group LLC.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/10/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121236</ENT>
            <ENT>G</ENT>
            <ENT>McKesson Corporation; NRE Holding Corporation; McKesson Corporation.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121248</ENT>
            <ENT>G</ENT>
            <ENT>Blackstone Capital Partners VI, L.P.; Knight Capital Group, Inc.; Blackstone Capital Partners VI, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121293</ENT>
            <ENT>G</ENT>
            <ENT>Calumet Specialty Products Partners, L.P.; Connacher Oil and Gas Limited; Calumet Specialty Products Partners, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121294</ENT>
            <ENT>G</ENT>
            <ENT>Griffey Investors, L.P.; Abe Investment, L.P.; Griffey Investors, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121302</ENT>
            <ENT>G</ENT>
            <ENT>Arrow Electronics. Inc.; John F. Baker (Micro Electronics, Inc.); Arrow Electronics, Inc.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121303</ENT>
            <ENT>G</ENT>
            <ENT>Wind Point Partners L.P.; Mistral Equity Partners, LP; Wind Point Partners VII-A, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121307</ENT>
            <ENT>G</ENT>
            <ENT>Roark Capital Partners III LP; Sentinel Capital Partners IV, L.P.; Roark Capital Partners III LP.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="61754"/>
            <ENT I="01">20121309</ENT>
            <ENT>G</ENT>
            <ENT>IAC/InterActiveCorp; The New York Time Company; IAC/InterActiveCorp.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121315</ENT>
            <ENT>G</ENT>
            <ENT>American Securities Partners VI, L.P.; HHI Group Holdings, LLC; American Securities Partners VI, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121317</ENT>
            <ENT>G</ENT>
            <ENT>FMC Technologies, Inc.; Pure Energy Services Ltd.; FMC Technologies, Inc.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121318</ENT>
            <ENT>G</ENT>
            <ENT>GA Trinet, LLC; Marc A. Utay; GA Trinet, LLC.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/12/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">20121324</ENT>
            <ENT>G</ENT>
            <ENT>Tech Mahindra Limited; Tech Mahindra Limited; Tech Mahindra Limited.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/13/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121313</ENT>
            <ENT>G</ENT>
            <ENT>Cidron Healthcare Topco Limited; Cortec Group Fund IV, L.P.; Cidron Healthcare Topco Limited.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121321</ENT>
            <ENT>G</ENT>
            <ENT>CCMP Capital Investors II, L.P.; SKM Equity Fund III, L.P.; CCMP Capital Investors II, L.P.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/14/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121275</ENT>
            <ENT>G</ENT>
            <ENT>James Richardson &amp; Sons, Limited; Glencore International plc; James Richardson &amp; Sons, Limited.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121305</ENT>
            <ENT>G</ENT>
            <ENT>Tornier N.V.; OrthoHelix Surgical Designs, Inc.; Tomier N.V.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121320</ENT>
            <ENT>G</ENT>
            <ENT>UnitedHealth Group Incorporated; Quality Software Services, Inc.; UnitedHealth Group Incorporated.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121327</ENT>
            <ENT>G</ENT>
            <ENT>Andritz AG; Schuler AG Andritz AG.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121329</ENT>
            <ENT>G</ENT>
            <ENT>MJM 2012 Annuity Trust; Universal Truckload Services, Inc.; MJM 2012 Annuity Trust.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121337</ENT>
            <ENT>G</ENT>
            <ENT>Leeds Equity Partners V, L.P.; The Fourth Viscount Rothermere; Leeds Equity Partners V, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121340</ENT>
            <ENT>G</ENT>
            <ENT>Dakota Holdings, LLC; Laurence LeJeune; Dakota Holdings, LLC.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121341</ENT>
            <ENT>G</ENT>
            <ENT>Stephen A. Wynn; Wynn Resorts, Limited; Stephen A. Wynn.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121345</ENT>
            <ENT>G</ENT>
            <ENT>GS Apple Investors 2011, LLC; AmRest Holdings SE; GS Apple Investors 2011, LLC.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121350</ENT>
            <ENT>G</ENT>
            <ENT>Olympus Growth Fund V, L.P.; Seven Mile Capital Founders Fund, L.P.; Olympus Growth Fund V, L.P.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/17/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121332</ENT>
            <ENT>G</ENT>
            <ENT>Olympus Growth Fund IV, L.P.; Hi-Tech Holdings, Inc.; Olympus Growth Fund IV, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121335</ENT>
            <ENT>G</ENT>
            <ENT>Clayton, Dubilier &amp; Rice Fund VIII. L.P.; Green Equity Investors IV, L.P.; Clayton, Dubilier &amp; Rice Fund VIII, L.P.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121342</ENT>
            <ENT>G</ENT>
            <ENT>Onex Partners III LP; Court Square Capital Partners, L.P.; Onex Partners III LP.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/18/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121355</ENT>
            <ENT>G</ENT>
            <ENT>International Business Machines Corporation; Kenexa Corporation; International Business Machines Corporation.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121357</ENT>
            <ENT>G</ENT>
            <ENT>Enstar Group Limited; SeaBright Holdings, Inc.; Enstar Group Limited.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/19/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00" RUL="s">
            <ENT I="01">20121331</ENT>
            <ENT>G</ENT>
            <ENT>Berkshire Hathaway Inc.; Nochi Dankner; Berkshire Hathaway Inc.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/20/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121295</ENT>
            <ENT>G</ENT>
            <ENT>Corvex Master Fund LP; Ralcorp Holdings, Inc.; Corvex Master Fund LP.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121349</ENT>
            <ENT>G</ENT>
            <ENT>John B. Zachry; J.V. Holdings; John B. Zachry.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/21/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121270</ENT>
            <ENT>G</ENT>
            <ENT>NRG Energy, Inc.; GenOn Energy, Inc.; NRG Energy, Inc.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121338</ENT>
            <ENT>G</ENT>
            <ENT>Johnson &amp; Johnson; Genmab A/S; Johnson &amp; Johnson.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121347</ENT>
            <ENT>G</ENT>
            <ENT>DCP Funding LLC; Red Zone Capital Partners II, L.P.; DCP Funding LLC.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121351</ENT>
            <ENT>G</ENT>
            <ENT>FR XII Alpha AIV, L.P.; TPC Group Inc.; FR XII Alpha AIV, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121352</ENT>
            <ENT>G</ENT>
            <ENT>Edward S. Lampert; Sears Holdings Corporation; Edward S. Lampert.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121353</ENT>
            <ENT>G</ENT>
            <ENT>ESL Partners, L.P.; Sears Holdings Corporation; ESL Partners L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121361</ENT>
            <ENT>G</ENT>
            <ENT>William Dillard, II; W.D. Company, Inc.; William Dillard, II.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121362</ENT>
            <ENT>G</ENT>
            <ENT>Alex Dillard; W.D. Company Inc.; Alex Dillard.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121364</ENT>
            <ENT>G</ENT>
            <ENT>Apollo Investment Fund VII, L.P.; Jimmy Sanders Incorporated; Apollo Investment Fund VII, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121366</ENT>
            <ENT>G</ENT>
            <ENT>Journal Communications, Inc.; Landmark Media Enterprises, LLC; Journal Communications, Inc.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121368</ENT>
            <ENT>G</ENT>
            <ENT>Carlyle Partners V Cayman L.P.; E.I. du Pont de Nemours and Company; Carlyle Partners V Cayman L.P.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/24/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121278</ENT>
            <ENT>G</ENT>
            <ENT>Deutsche Telekom AG; AT&amp;T Inc.; Deutsche Telekom AG.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121279</ENT>
            <ENT>G</ENT>
            <ENT>AT&amp;T Inc.; Deutsche Telekom AG; AT&amp;T Inc.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121344</ENT>
            <ENT>G</ENT>
            <ENT>Seven Bank, Ltd.; Marlin Equity II, L.P.; Seven Bank, Ltd.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/25/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121308</ENT>
            <ENT>G</ENT>
            <ENT>Thoma Bravo Fund X, L.P.; New Mountain Partners II, L.P.; Thoma Bravo Fund X, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121322</ENT>
            <ENT>G</ENT>
            <ENT>Nuance Communications, Inc.; Francisco Partners II, L.P.; Nuance Communications, Inc.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121371</ENT>
            <ENT>G</ENT>
            <ENT>Perrigo Company; James E. Sowell; Perrigo Company.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/26/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121281</ENT>
            <ENT>G</ENT>
            <ENT>Tokyo Electron Limited; FSI International, Inc.; Tokyo Electron Limited.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="61755"/>
            <ENT I="01">20121354</ENT>
            <ENT>G</ENT>
            <ENT>FormFactor, Inc.; Astria Semiconductor Holdings, Inc.; FormFactor, Inc.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121365</ENT>
            <ENT>G</ENT>
            <ENT>ABRY Partners VII, L.P.; Source Medical Solutions, Inc.; ABRY Partners VII, L.P.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121367</ENT>
            <ENT>G</ENT>
            <ENT>Blackstone RGIS Capital Partners V L.P.; Nautic Partners V, L.P.; Blackstone RGIS Capital Partners V L.P.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/27/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20121240</ENT>
            <ENT>G</ENT>
            <ENT>Fresenius SE &amp; Co. KGaA; Fenwal Holdings, Inc.; Fresenius SE &amp; Co. KGaA.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121323</ENT>
            <ENT>G</ENT>
            <ENT>Trimble Navigation Limited; Wells Fargo &amp; Company; Trimble Navigation Limited.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121360</ENT>
            <ENT>G</ENT>
            <ENT>Valeant Pharmaceuticals International, Inc.; Johnson &amp; Johnson; Valeant Pharmaceuticals International, Inc.</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">20121372</ENT>
            <ENT>G</ENT>
            <ENT>Kirby Corporation; Allied Marine Industries, Inc.; Kirby Corporation.</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">09/28/2012</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">20120910</ENT>
            <ENT>G</ENT>
            <ENT>SAP AG; Ariba, Inc.; SAP AG.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121375</ENT>
            <ENT>G</ENT>
            <ENT>Google Inc.; Nest Labs, Inc.; Google Inc.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121377</ENT>
            <ENT>G</ENT>
            <ENT>CP V Landmark, L.P.; Landmark FBO Holdings, LLC; CP V Landmark, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121379</ENT>
            <ENT>G</ENT>
            <ENT>Olympus Growth Fund V, L.P.; KPLT Holdings, Inc.; Olympus Growth Fund V, L.P.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121380</ENT>
            <ENT>G</ENT>
            <ENT>Plains Exploration &amp; Production Company; BP p.l.c.; Plains Exploration &amp; Production Company.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121381</ENT>
            <ENT>G</ENT>
            <ENT>James R. Ratcliffe; Enterprise Product Partners, L.P.; James R. Ratcliffe.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121382</ENT>
            <ENT>G</ENT>
            <ENT>Summit Midstream Partners, LLC; Energy Transfer Equity, L.P.; Summit Midstream Partners, LLC.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20121383</ENT>
            <ENT>G</ENT>
            <ENT>Wright Express Corporation; LLR Equity Partners Ill, L.P.; Wright Express Corporation.</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">For Further Information Contact:</E>
        </P>
        
        <FP SOURCE="FP-1">Renee Chapman, Contact Representative or</FP>
        <FP SOURCE="FP-1">Theresa Kingsberry, Legal Assistant.</FP>
        
        <FP SOURCE="FP-1">Federal Trade Commission, Premerger Notification Office, Bureau of Competition, Room H-303, Washington, DC 20580, (202) 326-3100.</FP>
        <SIG>
          <P>By direction of the Commission.</P>
          <NAME>Donald S. Clark,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24899 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6750-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBJECT>Performance Review Board Members</SUBJECT>

        <P>Title 5 U.S.C. 4314(c)(4) of the Civil Service Reform Act of 1978, Public Law 95-454, requires that the appointment of Performance Review Board Members be published in the<E T="04">Federal Register.</E>
        </P>
        <P>The following persons may be named to serve on the Performance Review Boards or Panels, which oversee the evaluation of performance appraisals of Senior Executive Service members of the Department of Health and Human Services.</P>
        <GPOTABLE CDEF="s60,xs60" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Employee last name</CHED>
            <CHED H="1">Employee first name</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">ARONSON</ENT>
            <ENT>LAUREN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">ATKINSON</ENT>
            <ENT>LESLIE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BAITMAN</ENT>
            <ENT>FRANKLIN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BARCLAY</ENT>
            <ENT>LISA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BEADLE</ENT>
            <ENT>MIRTHA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BERGER</ENT>
            <ENT>SHERRI</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BERNARDY</ENT>
            <ENT>PETER</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BOWERS</ENT>
            <ENT>TONYA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BOYCE</ENT>
            <ENT>DONALD</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BRUCE</ENT>
            <ENT>MICHAEL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CHAFFIN</ENT>
            <ENT>EUGENIA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CHAUDRY</ENT>
            <ENT>AJAY</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CHOI</ENT>
            <ENT>JULIET</ENT>
          </ROW>
          <ROW>
            <ENT I="01">COHEN</ENT>
            <ENT>GARY</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CONNOR</ENT>
            <ENT>SUZI</ENT>
          </ROW>
          <ROW>
            <ENT I="01">COX</ENT>
            <ENT>VIRGINIA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">DANIEL</ENT>
            <ENT>KATHERINE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">DEL VECCHIO</ENT>
            <ENT>PAOLO</ENT>
          </ROW>
          <ROW>
            <ENT I="01">DELPHIN-RITTMON</ENT>
            <ENT>MIRIAM</ENT>
          </ROW>
          <ROW>
            <ENT I="01">DEVOSS</ENT>
            <ENT>ELIZABETH</ENT>
          </ROW>
          <ROW>
            <ENT I="01">DICKINSON</ENT>
            <ENT>ELIZABETH</ENT>
          </ROW>
          <ROW>
            <ENT I="01">ERNEY</ENT>
            <ENT>JOAN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GABRIEL</ENT>
            <ENT>EDWARD</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GOLDHABER</ENT>
            <ENT>BEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">GOTTLICH</ENT>
            <ENT>VICKI</ENT>
          </ROW>
          <ROW>
            <ENT I="01">HENDERSON</ENT>
            <ENT>JOSEPH</ENT>
          </ROW>
          <ROW>
            <ENT I="01">HOLLIE</ENT>
            <ENT>LESLIE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">HOOVER</ENT>
            <ENT>CAMILLE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IMMERGUT</ENT>
            <ENT>STEVEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">IYER</ENT>
            <ENT>RAJ</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JONES</ENT>
            <ENT>CHRISTINE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KAPPELER</ENT>
            <ENT>EVELYN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KEMPER</ENT>
            <ENT>PETER</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KETCHER</ENT>
            <ENT>MARTHA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KOLKER</ENT>
            <ENT>JIMMY</ENT>
          </ROW>
          <ROW>
            <ENT I="01">KUX</ENT>
            <ENT>LESLIE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">LEWIS</ENT>
            <ENT>TERESA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">LU</ENT>
            <ENT>MICHAEL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">METTLER</ENT>
            <ENT>ERIK</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MILLER</ENT>
            <ENT>TERESA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MUNTZ</ENT>
            <ENT>DAVID</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MURPHY</ENT>
            <ENT>JUDITH</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NOVY</ENT>
            <ENT>STEVEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">OLIN</ENT>
            <ENT>ELAINE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">POTTS</ENT>
            <ENT>OLIVER</ENT>
          </ROW>
          <ROW>
            <ENT I="01">RAJKUMAR</ENT>
            <ENT>RAHUL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">REILLY</ENT>
            <ENT>THOMAS</ENT>
          </ROW>
          <ROW>
            <ENT I="01">RODRIGUEZ</ENT>
            <ENT>LEON</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SCHWEITZER</ENT>
            <ENT>ROXANNE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SEYLER</ENT>
            <ENT>DEAN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SHEAFFER</ENT>
            <ENT>HEIDI</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SHELTON</ENT>
            <ENT>DANA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SIVAK</ENT>
            <ENT>BRYAN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SMAGH</ENT>
            <ENT>KALWANT</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SMITH</ENT>
            <ENT>LINDA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SMITH</ENT>
            <ENT>PHILLIP</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SMITH</ENT>
            <ENT>TYLER</ENT>
          </ROW>
          <ROW>
            <ENT I="01">STARINSKY</ENT>
            <ENT>MELISSA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">STEVENS</ENT>
            <ENT>CHERYL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">STEVENSON</ENT>
            <ENT>COREY</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SUFIAN</ENT>
            <ENT>AVIVA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SYE</ENT>
            <ENT>TAIT</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TAYLOR</ENT>
            <ENT>DIA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">TETI</ENT>
            <ENT>CATHERINE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VILLAR</ENT>
            <ENT>CARMEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WHEELES</ENT>
            <ENT>TIMOTHY</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WILSON</ENT>
            <ENT>LEE ANDREW</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WOESTELL</ENT>
            <ENT>MEGAN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">WRIGHT</ENT>
            <ENT>DAVID</ENT>
          </ROW>
          <ROW>
            <ENT I="01">YOUNG</ENT>
            <ENT>JASON</ENT>
          </ROW>
        </GPOTABLE>
        <HD SOURCE="HD3">Non-SES Employees</HD>
        <GPOTABLE CDEF="s60,xs60" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Employee last name</CHED>
            <CHED H="1">Employee first name</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">BOWMAN</ENT>
            <ENT>BARBARA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">BRANCH</ENT>
            <ENT>CHRISTINE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">HADDIX</ENT>
            <ENT>ANNE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MUSSER</ENT>
            <ENT>STEVEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NICHOLSON</ENT>
            <ENT>JANET</ENT>
          </ROW>
          <ROW>
            <ENT I="01">POLLACK</ENT>
            <ENT>STEVEN</ENT>
          </ROW>
          <ROW>
            <ENT I="01">POPOVIC</ENT>
            <ENT>TANJA</ENT>
          </ROW>
          <ROW>
            <ENT I="01">REDD</ENT>
            <ENT>STEVE</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SINKS</ENT>
            <ENT>TOM</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Denise L. Carter,</NAME>
          <TITLE>Deputy Assistant Secretary for Human Resources.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25015 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4151-17-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61756"/>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
        <SUBJECT>Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review</SUBJECT>
        <P>The meeting announced below concerns Occupational Safety and Health Training Project Grant, PAR 10-288, initial review.</P>
        <P>In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting:</P>
        <P>
          <E T="03">Time and Date:</E>8 a.m.-5 p.m., November 8, 2012 (Closed).</P>
        <P>
          <E T="03">Place:</E>Marriott Century Center, 2000 Century Boulevard, NE., Atlanta, Georgia 30345, Telephone: (404)325-0000.</P>
        <P>
          <E T="03">Status:</E>The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.</P>
        <P>
          <E T="03">Matters to be Discussed:</E>The meeting will include the initial review, discussion, and evaluation of applications received in response to Occupational Safety and Health Training Project Grant, PAR 10-288.</P>
        <P>
          <E T="03">Contact Person for More Information:</E>Joan Karr, Ph.D., Scientific Review Officer, CDC/NIOSH 1600 Clifton Road, Mailstop E-74, Atlanta, Georgia 30333, Telephone: (404)498-2506.</P>

        <P>The Director, Management Analysis and Services Office, has been delegated the authority to sign<E T="04">Federal Register</E>notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Elaine L. Baker,</NAME>
          <TITLE>Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25010 Filed 10-10-12; 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 Disease Control and Prevention</SUBAGY>
        <SUBJECT>Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health (ABRWH), National Institute for Occupational Safety and Health (NIOSH)</SUBJECT>
        <P>In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following meeting of the aforementioned subcommittee:</P>
        <EXTRACT>
          
          <P>
            <E T="03">Time and Date:</E>9 a.m.-5 p.m., Eastern Time, November 1, 2012</P>
          <P>
            <E T="03">Place:</E>Cincinnati Airport Marriott, 2395 Progress Drive,</P>
          <P>Hebron, Kentucky 41018, Telephone: (859) 334-4611, Fax: (859) 334-4619.</P>
          <P>
            <E T="03">Status:</E>Open to the public, but without an oral public comment period. To access by conference call dial the following information: 1 (866) 659-0537, Participant Pass Code 9933701.</P>
          <P>
            <E T="03">Background:</E>The ABRWH was established under the Energy Employees Occupational Illness Compensation Program Act of 2000, to advise the President on a variety of policy and technical functions required to implement and effectively manage the compensation program. Key functions of the ABRWH include providing advice on the development of probability of causation guidelines that have been promulgated by the Department of Health and Human Services (HHS) as a final rule; advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule; advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program; and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC).</P>
          <P>In December 2000, the President delegated responsibility for funding, staffing, and operating the ABRWH to HHS, which subsequently delegated this authority to CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, and will expire on August 3, 2013.</P>
          <P>
            <E T="03">Purpose:</E>The ABRWH is charged with (a) providing advice to the Secretary, HHS, on the development of guidelines under Executive Order 13179; (b) providing advice to the Secretary, HHS, on the scientific validity and quality of dose reconstruction efforts performed for this program; and (c) upon request by the Secretary, HHS, advising the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is a reasonable likelihood that such radiation doses may have endangered the health of members of this class. The Subcommittee on Procedures Review was established to aid the ABRWH in carrying out its duty to advise the Secretary, HHS, on dose reconstructions. The Subcommittee on Procedures Review is responsible for overseeing, tracking, and participating in the reviews of all procedures used in the dose reconstruction process by the NIOSH Division of Compensation Analysis and Support (DCAS) and its dose reconstruction contractor.</P>
          <P>
            <E T="03">Matters To Be Discussed:</E>The agenda for the Subcommittee meeting includes discussion of the following Oak Ridge Associated Universities (ORAU) and DCAS procedures: OCAS TIB-0009 (“Estimation of Ingestion Intakes”) and its application for the Du Pont Deepwater Works facility, DCAS TIB-0013 (“Selected Geometric Exposure Scenario Considerations for External Dose Reconstruction at Uranium Facilities”), DCAS OTIB-0010 (“Best Estimate External Dose Reconstruction for Glovebox Workers”), ORAUT OTIB-0070 (“Dose Reconstruction During Residual Radioactivity Periods at Atomic Weapons Employer Facilities”), DCAS IG-003 (“Radiation Exposures Covered for Dose Reconstructions under Part B of the Energy Employees Occupational Illness Compensation Program Act”), and DCAS IG-005 (“Use of Classified Information”); Identification of Overarching Dose Reconstruction Issues; Discussion of New Summaries of Completed Procedure Reviews; Assignment of Additional Procedure Reviews by the Board's Technical Support Contractor; and a continuation of the comment-resolution process for other dose reconstruction procedures under review by the Subcommittee.</P>
          <P>The agenda is subject to change as priorities dictate.</P>
          <P>This meeting is open to the public, but without an oral public comment period. In the event an individual wishes to provide comments, written comments may be submitted. Any written comments received will be provided at the meeting and should be submitted to the contact person below in advance of the meeting.</P>
          <P>
            <E T="03">Contact Person for More Information:</E>Theodore Katz, Designated Federal Officer, NIOSH, CDC, 1600 Clifton Road, Mailstop E-20, Atlanta Georgia 30333, Telephone: (513) 533-6800, Toll Free 1 (800) CDC-INFO, Email:<E T="03">dcas@cdc.gov.</E>
          </P>

          <P>The Director, Management Analysis and Services Office, has been delegated the authority to sign<E T="04">Federal Register</E>notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.</P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 1, 2012.</DATED>
          <NAME>Elaine L. Baker,</NAME>
          <TITLE>Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24964 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4163-18-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61757"/>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
        <SUBJECT>Statement of Organization, Functions, and Delegations of Authority</SUBJECT>
        
        <P>Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 77 FR 53888-53889, dated September 4, 2012) is amended to reflect the reorganization of the National Center for Injury Prevention and Control, Office for Non-communicable Diseases, Injury and Environmental Health, Centers for Disease Control and Prevention.</P>
        <P>Section C-B, Organization and Functions, is hereby amended as follows:</P>
        <P>After the listing for the National Center for Injury Prevention and Control (CUH), delete in their entirety the remaining titles and functional statements and insert the following:</P>
        <P>
          <E T="03">Office of the Director (CUH1).</E>(1) Manages, directs, coordinates and evaluates the activities of the National Center for Injury Prevention and Control (NCIPC); (2) develops goals and objectives and provides leadership, policy formation, scientific oversight, and guidance in program planning and development; (3) coordinates NCIPC program activities with other CDC components, other Public Health Service (PHS) agencies, PHS regional offices, other federal agencies, state and local health departments, community-based organizations, business and industry; (4) consults and coordinates activities with medical, engineering, and other scientific and professional organizations interested in injury prevention and control; (5) provides administrative support, program management and fiscal services to the center; (6) supports the activities of the Secretary's Advisory Committee for Injury Prevention and Control; (7) coordinates technical assistance to other nations and international organizations in establishing and implementing injury prevention and control programs; (8) directs and coordinates information resources management activities, the production and distribution of technical and nontechnical injury prevention and control publications and information, and the conduct of health education and health promotion activities; and (9) provides overall guidance and support for center-wide grant activities.</P>
        <P>
          <E T="03">Office of Policy and Partnerships (CUH12).</E>(1) Manages issues proactively in order to minimize their negative effects, maximize their potential opportunities, and avoid the need for crisis management; (2) reviews, prepares, and coordinates policy and briefing documents; (3) conducts monitoring and analysis of policy issues potentially affecting NCIPC and its constituents; (4) provides information for the development of NCIPC's annual budget submission and supporting documents; (5) engages in partnerships with external organizations to meet mutual goals; (6) coordinates partnership activities across NCIPC; (7) identifies and defines emerging or cross-cutting long-term policy issues and develops action plans that support and advance action; (8) advises NCIPC and CDC leadership and staff on policy and partnership issues relevant to NCIPC; (9) oversees and coordinates performance-related activities for NCIPC; and (10) provides liaison with staff offices and other officials of CDC.</P>
        <P>
          <E T="03">Office of Program Management and Operations (CUH13).</E>(1) Plans, coordinates, and provides administrative and management support, advice, and guidance to NCIPC; (2) coordinates NCIPC-wide administrative management and support services in the areas of fiscal management, personnel, travel, and other administrative services; (3) prepares annual budget formulation and budget justifications; (4) coordinates NCIPC requirements relating to contracts, grants, cooperative agreements, and reimbursable agreements; (5) develops and implements administrative policies, procedures, and operations, as appropriate, for NCIPC, and prepares special reports and studies, as required, in the administrative management areas; and (6) maintains liaison with related staff offices and other officials of CDC.</P>
        <P>
          <E T="03">Office of Communication (CUH14).</E>(1) Provides ongoing communication leadership and support to NCIPC's Office of the Director and divisions in furthering the Center's mission to prevent violence and unintentional injury and to reduce their consequences; (2) leads strategic planning for communications and branding programs and projects for NCIPC and injury and violence issues; (3) through matrix management, provides strategic communication direction and technical assistance across NCIPC to ensure all health communication activities are evidence-based and demonstrate impact; (4) leads and oversees news media strategy and evaluation, including news response, media monitoring, proactive media engagement, media training, and long lead pitching; (5) oversees, manages and executes CDC web and digital governance through matrix management and work group structures; (6) leads digital communication and marketing strategies, and manages digital channels; (7) executes web development for the NCIPC intranet; provides technical assistance and training to OD offices in accessing and using NCIPC wiki for internal communication and information sharing; (8) manages and coordinates clearance of NCIPC print and non-print materials, ensuring adherence to and consistency with CDC and Department of Health and Human Services (DHHS) information and publication policies and guidelines; (9) facilitates cross-division, and cross-CIO coordination of health communication activities, sharing of lessons learned, and development of best practices; (10) serves as primary liaison between NCIPC and CDC's Office of the Associate Director for Communication (OADC); (11) coordinates and leads implementation of CDC-wide communication initiatives and policies, including health literacy, plain language, and CDC branding; (12) provides communication support to OD offices and technical assistance and training in accessing centralized communication systems available through OADC and other offices; (13) provides oversight and approval for CDC logo licensing requests from external partner organizations and involving NCIPC divisions and programs; (14) represents NCIPC on cross-CIO and external committees, workgroups, and at conferences relating to health communication activities; and (15) in carrying out these functions, develops and manages relationships with a wide range of partners and customers, including other PHS agencies, federal and state departments and agencies, and private organizations.</P>
        <P>
          <E T="03">Office of the Associate Director of Science (CUH17).</E>(1) Ensures NCIPC produces the highest quality, most useful and most relevant science possible; (2) guides and mentors other scientists by helping link scientists with the tools they need to succeed; (3) oversees scientific clearance for NCIPC and sends documents for cross-clearance to other centers and reviews documents from other centers for cross clearance; (4) conducts peer review of intramural research and scientific programs; (5) provides information and guidance to the staff regarding scientific<PRTPAGE P="61758"/>issues and provides scientific leadership for the center; (6) serves as a scientific expert and a key resource for information through linkage to staff and resources in the center; (7) supervises Institutional Review Board activities and is responsible for Office of Management and Budget-Paperwork Reduction Act activities for the center; (8) assures scientists follow CDC's policies on data release and sharing; (9) provides leadership, management, and oversight for NCIPC's external advisory board; (10) provides oversight and support for the Extramural Research Program Office (ERPO) to include planning, developing, coordinating, and evaluating extramural research activities in cooperation with centers, divisions, and offices within the Office of Non-communicable Diseases, Injury and Environmental Health; (11) directs the extramural research program by planning, coordinating, developing, implementing, monitoring, and evaluating extramural research that is designed to address center priorities; (12) participates with divisions and offices within the center to establish research priorities for the center; (13) provides scientific leadership in the areas of extramural research supported by the center; (14) promotes and prepares initiatives to stimulate extramural research in relevant priority areas; (15) coordinates and conducts in-depth external peer review and secondary program relevance review of extramural research applications by use of consultant expert panels; (16) makes recommendations to the center director on award selections and staff members serve as the program officials in conjunction with CDC grants management and policy officials to implement and monitor the scientific, technical, and administrative aspects of awards; (17) facilitates scientific collaborations between external and internal investigators; (18) disseminates and evaluates extramural research progress, findings, and impact; and (19) develops extramural research policies and implements those policies within NCIPC.</P>
        <P>
          <E T="03">Division of Violence Prevention (CUHC).</E>(1) Provides leadership in developing and executing a national program for the prevention and control of non-occupational violence-related injuries and death which addresses, but is not limited to, youth violence, intimate partner violence, sexual violence, suicide, elder abuse, and child abuse; (2) develops and disseminates policies, recommendations, and guidelines for the prevention of violence and its consequences; (3) proposes goals and objectives for national violence prevention and control programs, monitors progress toward these goals and objectives, and recommends and develops guidelines for priority prevention and control activities; (4) facilitates similar strategic planning activities by other federal, state, and local agencies, academic institutions, and private and other public organizations; (5) plans, directs, conducts, and supports research focused on the causes of violence and the development and evaluation of strategies to prevent and control violence-related injuries and deaths; (6) plans, establishes, and evaluates surveillance systems to monitor national trends in morbidity, mortality, disabilities, and cost of violence-related injuries and deaths, and facilitates the development of surveillance systems by state and local agencies; (7) plans, conducts, supports, and evaluates demonstration projects and programs to prevent and control violence; (8) provides technical assistance, consultation, training, and epidemiological, statistical, educational, and other technical services to assist state and local health departments and community-based organizations in the planning, development, implementation, evaluation, and overall improvement of violence prevention programs; (9) supports the dissemination of research findings and transfer of violence prevention and control technologies to federal, state, and local agencies, private organizations, and other national and international groups; and (10) in carrying out the above functions, collaborates with other Divisions of NCIPC, CDC Centers/Institute/Offices (CIO), DHHS agencies, other federal, state, and local departments and agencies, academic institutions, and voluntary, private sector, and international organizations, as appropriate.</P>
        <P>
          <E T="03">Office of the Director (CUHC1).</E>(1) Plans, directs, and evaluates the activities of the Division; (2) provides national leadership and guidance in policy formation and program division; (3) provides national leadership and guidance in policy formation and program planning, development, and evaluation; (4) provides administrative, fiscal, and technical support for Division programs and units; (5) assures multi-disciplinary collaboration in violence prevention and control activities; (6) provides leadership for developing research in etiologic, epidemiologic, and behavioral aspects of violence prevention and control, and for coordinating activities within the division and others involved in violence prevention; (7) prepares, edits, and monitors clearance of manuscripts for publication in scientific and technical journals and publications, including articles and guidelines published in MMWR, and other publications for the public; (8) prepares, tracks and coordinates controlled and general correspondence; (9) prepares responses and coordinates provision of materials requested by Congress and the Department; (10) collaborates with subject matter experts, program and policy staff, develops and implements communication strategies, campaigns, and plans to meet the needs of division programs and mission; (11) develops tailored messages and materials to promote dissemination of scientific findings, evidence-based prevention strategies, priority recommendations, and guidelines through various media sources; (12) coordinates with NCIPC Office of Communication to execute and support NCIPC and CDC-wide communication initiatives and policies; (13) provides consultation on international violence prevention and control activities of the Division; (14) collaborates, as appropriate, with other divisions and offices in NCIPC, and with other CIOs throughout CDC; (15) collaborates, as appropriate, with non-governmental organizations to achieve the mission of the Division; and (16) establishes linkages with other CIOs and national level prevention partners that impact on violence prevention programs.</P>
        <P>
          <E T="03">Surveillance Branch (CUHCB).</E>(1) Conducts national and international surveillance and surveys to identify new and monitor recognized forms of violence and its consequences, analyzes incidence and prevalence data, and monitors trends in violence and its trajectory across the lifespan; (2) provides expert consultation to state, local, and international health agencies on surveillance system design and implementation and use of surveillance data to describe the burden of violence; (3) develops and implements uniform definitions for public health surveillance of various forms of violence and related outcomes; (4) monitors the activities of contracts, cooperative agreements, and grants to ensure operational guidelines are met; (5) provides information on violence surveillance to the scientific community and the general public through regular publication in peer-reviewed journals and CDC publications as well as through presentations to professional conferences and other stakeholder<PRTPAGE P="61759"/>groups; (6) works with other branches to provide consultation, collaboration, and to ensure the use of surveillance data to inform research and prevention efforts; and (7) provides leadership and expands collaboration with other federal, state, local, voluntary, and professional and international organizations in all aspects of surveillance of violence and its consequences.</P>
        <P>
          <E T="03">Research and Evaluation Branch (CUHCC).</E>(1) Plans, directs, conducts, and supports etiologic and epidemiologic research focused on casual factors, risk and protective factors, and psychosocial, cultural, and contextual determinants for violence and its consequences; (2) plans, directs, conducts, and supports applied research focused on the evaluation of strategies, policies, and interventions to prevent violent behavior and violence-related injuries and deaths; (3) uses research findings to develop new strategies, policies, and interventions or improve the impact of existing strategies, policies, and interventions to prevent and reduce violent behavior, its risk factors, and its consequences; (4) develops and evaluates methodologies for conducting program evaluation; (5) evaluates the effectiveness and impact of violence prevention interventions, strategies, policies, and interventions as practiced or implemented by public health agencies and organizations at the national/regional and state/local levels; (6) conducts research to examine the context, processes, and factors that influence effective and efficient dissemination/diffusion, uptake/adoption, implementation, translation, and sustainability of violence prevention strategies, policies, and interventions; (7) serves as a resource, collaborates, and provides technical assistance in applying research and evaluation results and techniques to the ongoing assessment and improvement of violence prevention and control programs; (8) collaborates on planning, translating, and disseminating research and evaluation results to other branches, grantees, and prevention partners; (9) collaborates with other branches to stimulate surveillance and programmatic activities and to ensure integration of activities across the public health model; (10) monitors activities of contracts, cooperative agreements, and grants to ensure operational objectives are being met; (11) contributes to the research literature by publishing regularly in peer-reviewed journals and CDC-sponsored publications that include, but are not limited to, etiology and evaluation research and syntheses; and (12) collaborates with other components within CDC, PHS, and DHHS and other federal agencies, national professional, voluntary and philanthropic organizations and international agencies.</P>
        <P>
          <E T="03">Prevention Practice and Translation Branch (CUHCD).</E>(1) Provides leadership and support in public health practice and the application of science for maximal benefit of violence prevention programmatic efforts; (2) develops and manages liaison and collaborative relationships with professional, community, international, federal, and other voluntary agencies involved in violence prevention activities; (3) provides support, training, and technical assistance that applies sound prevention principles and systematic processes to enhance public health practice, including program development, implementation, and improvement; (4) applies evidence from translational science and continuous quality improvement to help communities select, adopt, adapt, implement, disseminate, sustain, and scale up programs, strategies, and activities that will lead to successful violence prevention outcomes; (5) identifies findings, lessons learned and evidence from the field and collaborates with internal and external partners to inform research, surveillance, and program evaluation that builds the evidence base for effective violence prevention; (6) synthesizes and translates relevant research, evaluation findings, evidence, and trends and assuring that communication and marketing technologies are applied to the development of practical tools, products, trainings, and guidance that enhances violence prevention programs, strategies, and activities; (7) communicates internally and externally the important work and progress of the staff, grantees, and partners; and (8) collaborates with internal and external partners to disseminate what works to prevent violence into widespread practice.</P>
        <P>
          <E T="03">Division of Unintentional Injury Prevention (CUHD).</E>(1) Provides leadership and coordination of a national program for the prevention and control of non-occupational unintentional injuries through collaborative efforts with federal, state and local agencies, public, private sector organizations and academic institutions; (2) proposes goals and objectives for linking health system and injury control activities with public health activities, including surveillance, prevention, health care and rehabilitation of injury; (3) proposes goals and objectives for the prevention and control of unintentional injuries, monitors and evaluates progress towards their achievement, determines priority recommendations, develops guidelines and facilitates implementation strategies in cooperation with governmental and non-governmental organizations; (4) provides scientific consultation and technical advice to states and localities to increase their capacity to develop, implement, and evaluate injury prevention programs, surveillance activities and the integration of health system and trauma system initiatives in surveillance, prevention, quality improvement with initiatives in the public health system; (5) plans, establishes and evaluates surveillance systems to monitor national trends in mortality, morbidity, disabilities, rehabilitation, and the cost of unintentional injuries; (6) plans, directs, conducts and supports research to assess environmental, social, behavioral, and other risk factors and evaluate intervention activities to prevent and control unintentional injuries; (7) plans and directs strategies to collect, analyze, and interpret scientific findings from surveillance and epidemiologic research activities for use in evaluating trends, setting priorities, and developing intervention strategies for unintentional injuries, (8) plans, directs, supports and evaluates demonstration programs to prevent and control unintentional injuries; (9) supports dissemination of injury prevention and control research findings and transfer technologies to federal, state and local health agencies, and public and private sector organizations with responsibilities and interests related to unintentional injuries and the linkage between health systems and public health; (10) supports training to increase the number and competence of personnel engaged in injury prevention and control research practices; (11) facilitates the development of scientific approaches to injury prevention and control through publication of research findings in professional journals and through participation in national and international meetings, seminars, and conferences; and (12) supports NCIPC through collaborative efforts with NCIPC Divisions and Offices, CDC CIOs, DHHS agencies, and other federal departments and agencies, state and local agencies and professional and private organizations.</P>
        <P>
          <E T="03">Home, Recreation, and Transportation Branch (CUHDB).</E>(1) Provides leadership and coordination of a national program for the prevention and control of non-occupational unintentional injuries that occur at<PRTPAGE P="61760"/>home, in the community, and during transportation through collaborative efforts with federal, state and local agencies, and public and private sector organizations; (2) proposes goals and objectives for the prevention and control of unintentional injuries, monitors and evaluates progress towards their achievement, determines priority recommendations, develops guidelines, and facilitates implementation strategies in cooperation with other federal agencies, state and local health agencies, academic institutions, public and private sector organizations, and international agencies; (3) provides scientific consultation and technical advice to states and localities to increase their capacity to develop, implement, and evaluate unintentional injury programs and surveillance activities; (4) plans, establishes, and evaluates surveillance systems to monitor national and state-level trends in morbidity, mortality, disabilities, and costs of unintentional injuries; (5) plans, directs, conducts, and supports research to assess environmental, social, behavioral, and other risk factors and to develop and evaluate intervention activities to prevent and control unintentional injuries; (6) plans and directs strategies to collect, analyze, and interpret scientific findings from surveillance, behavioral, and epidemiologic research activities for use in evaluating trends, setting priorities, and developing intervention strategies for unintentional injuries; (7) plans, directs, supports, and evaluates demonstration programs to prevent and control unintentional injuries; (8) supports dissemination of unintentional injury prevention and control research, translation, and implementation to federal, state, and local health agencies, public and private sector organizations, and other national and international groups with responsibilities and interests related to unintentional injury; (9) supports training to increase the number and competence of personnel engaged in unintentional injury prevention and control research and practices; and (10) disseminates scientific findings, evidence-based prevention strategies and unintentional injury prevention guidelines through publication of research findings in professional journals and government reports; through participation in national and international meetings, seminars, and conferences; and through the development of communication initiatives.</P>
        <P>
          <E T="03">Health Systems and Trauma Systems Branch (CUHDC).</E>(1) Conducts research on the impact of health systems and trauma systems in decreasing the burden of injury; (2) works with local and state health programs to determine how to integrate surveillance, injury prevention and quality improvement activities within health systems and trauma systems in order to decrease the burden of injury; (3) uses surveillance systems to monitor traumatic brain injury and poisonings to create incidence rates and prevention programs to provide data for planning in the community and the health systems; (4) conducts research on the medical aspects of injury, disability and health services; (5) supports epidemiologic analysis, applied research, and demonstration projects to improve the effectiveness of healthcare and trauma systems, as well as understand how health and trauma systems can best be integrated with public health prevention efforts; (6) develops scientific agendas for the NCIPC extramural research program; (7) serves as a focal point for traumatic brain injury prevention within CDC; (8) supports training programs and disseminates research findings to strengthen the competence of practitioners and researchers in the areas of traumatic brain injury, poisoning, integration of injury prevention and control within public health systems, health systems and trauma systems; and (9) develops guidelines to reduce or mitigate the impact of poisoning, traumatic brain injury, and to help optimize the treatment of injuries within various health systems.</P>
        <P>
          <E T="03">Division of Analysis Research and Practice Integration (CUHF).</E>(1) Works to reduce injuries and violence by providing high quality and innovative data products, support for state injury prevention and control programs, injury surveillance, program evaluation, and research that promote the dissemination and application of science into program practice at NCIPC and the broader injury and violence prevention field; (2) provides expertise in statistics, computer programming, data management, economics, public health practice, surveillance, evaluation, and research to engage NCIPC and the injury and violence prevention community; (3) produces new scientific knowledge that informs policies, practice, and programs in the injury field; (4) identifies promising or potential best practices in the injury field that may require additional scientific investigation; (5) develops evidence-based public health practices, policies, or programs that prevent or reduce injuries and violence; (6) sustains a public health infrastructure for injury and violence prevention at federal, state, local and tribal levels; and (7) promotes state and local health department's integration of science based public health practice, state-level surveillance, and evaluation with other public health and nonpublic health sectors, such as chronic diseases, HIV/AIDS, transportation initiatives, city or community planning, etc.</P>
        <P>
          <E T="03">Office of the Director (CUHF1).</E>(1) Establishes and interprets policies and determines program priorities; (2) provides national leadership and guidance in injury prevention and control program planning, development, and evaluation; (3) provides administrative, fiscal, and technical support for division programs and units; (4) assures multi-disciplinary collaboration in injury and violence prevention and control program implementation; (5) provides leadership for the development of research to inform policies, practice, and programs in the injury field; (6) prepares and monitors clearance of manuscripts for publication in scientific and technical journals and publications, including articles and guidelines published in the MMWR, and other publications for the public; (7) prepares, tracks and coordinates responses to all inquiries from Congress, the public, and DHHS; (8) collaborates with subject matter experts, program and policy staff, develops and implements communication strategies, campaigns, and plans to meet the needs of division programs and mission; (9) develops tailored messages and materials to promote dissemination of scientific findings, evidence-based prevention strategies, priority recommendations, and guidelines through traditional media outlets, social media, and other channels; (10) coordinates with the NCIPC Office of Communication to execute and support NCIPC and CDC-wide communication initiatives and policies; and (11) establishes linkages and collaborates, as appropriate, with other divisions and offices in NCIPC, other CIOs throughout CDC, and with national partners that impact on injury and violence prevention programs.</P>
        <P>
          <E T="03">Statistics, Programming &amp; Economics Branch (CUHFB).</E>(1) Develops, evaluates, and implements innovative statistical, economic, policy research, computer programming, and data management methods for application to injury surveillance, epidemiologic studies, program evaluation and programmatic activities; (2) provides expert consultation in statistics, economics, policy research, programming, and data management to all NCIPC staff; (3) collaborates with NCIPC scientists on epidemiologic<PRTPAGE P="61761"/>studies and provides associated technical advice in the areas of study design, sampling, and the collection, management, analysis, and interpretation of injury data; (4) coordinates, manages, maintains and provides tabulations and maps from national surveillance systems and other data sources that contain national, state and local data on injury morbidity, mortality and economic costs; (5) prepares and produces high quality statistical, economic and policy reports and publications material for information presentation and dissemination by NCIPC staff; (6) advises the Office of the Director, NCIPC, in the area of data and systems management and on surveillance and statistical analysis issues relevant to injury program planning and evaluation; and (7) carries out functions listed in numbers (1) to (6) to collaborate with other Divisions/Offices in NCIPC, CDC C/I/Os, PHS agencies, other federal departments and agencies, and private organizations as appropriate.</P>
        <P>
          <E T="03">Practice Integration and Evaluation Branch (CUHFC).</E>(1) Monitors and evaluates programs and policies and disseminates findings to promote program accountability and program improvement; (2) promotes an enhanced and sustained infrastructure for a public health approach to injury and violence prevention at state, local and tribal levels; (3) generates and moves practice based knowledge into program practice and research fields; (4) provides expertise in science based public health practice, state-level injury surveillance, and evaluation to state and local health departments; and (5) collaborates with NCIPC OD offices, Division of Community Safety and Trauma Systems, and the Division of Violence Prevention on cross-cutting injury and violence prevention programs, policies, state-level surveillance, and evaluation.</P>
        <SIG>
          <DATED>Dated September 25, 2012.</DATED>
          <NAME>Sherri A. Berger,</NAME>
          <TITLE>Chief Operating Officer, Centers for Disease Control and Prevention.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24771 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-18-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Administration for Children and Families</SUBAGY>
        <DEPDOC>[CFDA Number: 93.612]</DEPDOC>
        <SUBJECT>Announcement of the Award of a Single-Source Grant to the Native American Fatherhood and Families Association (NAFFA) in Mesa, AZ</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Administration for Native Americans, ACF, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Announcement of the award of a single-source grant to Native American Fatherhood and Families Association (NAFFA) in Mesa, AZ, to support activities promoting Responsible Fatherhood in Native American communities.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Administration for Children and Families (ACF), Administration for Native Americans (ANA) announces the award of a cooperative agreement in the amount of $250,000 to the Native American Fatherhood and Families Association (NAFFA) in Mesa, AZ to conduct a national outreach campaign focused on promoting the importance of fatherhood in Native communities. Included in the national outreach campaign will be a national conference, regional workshops, webinars, and a Native American Responsible Fatherhood Day that will be promoted and implemented throughout Native American communities during the month of June 2013. The award will be made under ANA's program for Social and Economic Development Strategies.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The award will be issued for the time period of September 30, 2012 to September 29, 2013.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Carmelia Strickland, Director, Division of Program Operations, Administration for Native Americans, 370 L'Enfant Promenade SW., Washington, DC 20047. Telephone: 877-922-9262; Email:<E T="03">Carmelia.strickland@acf.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>NAFFA, located in Mesa, Arizona, is a Native non-profit organization whose mission is to strengthen Native Families by responsibly involving fathers in the lives of their children, families, and communities and partnering with mothers to provide happy and safe families.</P>
        <AUTH>
          <HD SOURCE="HED">Statutory Authority:</HD>
          <P>This program is authorized under § 803(a) of the Native American Programs Act of 1974 (NAPA), 42 U.S.C. 2991b.</P>
        </AUTH>
        <SIG>
          <NAME>Lillian A. Sparks,</NAME>
          <TITLE>Commissioner, Administration for Native Americans.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25018 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4184-34-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Administration for Community Living</SUBAGY>
        <SUBJECT>Delegation of Authority</SUBJECT>
        <P>Notice is hereby given that I have delegated to the Administrator, Administration for Community Living (ACL), the authority vested in the Secretary to execute the competitive grant program under Section 1110 of the Social Security Act, 42 U.S.C. 1310, as appropriate. This authority may be re-delegated.</P>
        <P>This delegation does not supersede previous delegations of the authority contained herein, including the delegation to the Administrator, Centers for Medicare &amp; Medicaid Services, “Delegation of Authority Under Title XI of the Social Security Act, as Amended,” dated March 4, 2011.</P>
        <P>This delegation excludes the authority to issue regulations, to establish advisory committees and councils and appoint their members, and to submit reports to Congress and shall be exercised in accordance with the Department's applicable policies, procedures, and guidelines. I hereby affirm and ratify any actions taken by the Administrator, or his or her subordinates, involving the exercise of these authorities prior to the effective date of this delegation. This delegation is effective upon date of signature.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Kathleen Sebelius,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25013 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 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-0018]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Healthcare Professional Survey of Prescription Drug Promotion</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="61762"/>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Fax written comments on the collection of information by November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202-395-7285, or emailed to<E T="03">oira_submission@omb.eop.gov.</E>All comments should be identified with the OMB control number 0910-New and title, “Healthcare Professional Survey of Prescription Drug Promotion.” Also include the FDA docket number found in brackets in the heading of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Daniel Gittleson, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, 301-796-5156,<E T="03">Daniel.Gittleson@fda.hhs.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.</P>
        <HD SOURCE="HD1">Healthcare Professional Survey of Prescription Drug Promotion (0910-New)</HD>
        <P>Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 300u(a)(4)) authorizes FDA to conduct research relating to health information. Section 903(d)(2)(c) of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 393(d)(2)(c)) authorizes FDA to conduct research relating to drugs and other FDA regulated products in carrying out the provisions of the FD&amp;C Act.</P>
        <P>The pharmaceutical industry spends millions of dollars a year promoting their products to American healthcare professionals and to consumers. FDA regulates the promotion of prescription drugs to both professionals and consumers. As such, FDA has an interest in determining the attitudes, perceptions, and opinions of healthcare professionals with prescribing authority regarding such promotion. Direct to consumer (DTC) advertising captures the most public attention, making it an important topic of interest to FDA, but the bulk of industry resources are spent in professional promotion, making this an equally important topic for investigation. The current research is designed to explore prescriber opinions of professional and DTC advertising and promotion as well as other aspects of prescriber experience that relate to the promotion of prescription drugs.</P>
        <P>The rise of DTC drug advertising and prescription drug promotion has affected healthcare professionals in a number of ways. First, healthcare professionals regularly encounter patients who have been exposed to DTC ads. Second, healthcare professionals also see and hear such ads directly as mass media consumers themselves. Since clarification of the adequate provision requirement for prescription drug broadcast ads in 1997, FDA has faced numerous questions about the influence of DTC pharmaceutical marketing because such advertising directly engages consumers and potentially affects interactions between patients and their physicians (Refs. 1 and 2). Those questions have grown more urgent with the growth of DTC in recent years (Refs. 3 and 4). In 2002, FDA considered this form of promotion sufficiently important as a force in the physician-patient interaction that they surveyed both patients and physicians regarding their perceptions of DTC (Ref. 5). Now, nearly a decade later, there are critical reasons to return to the field to gather more evidence on the influence of DTC in the examination room and on the relationships between healthcare professionals and patients.</P>
        <P>One of the most noteworthy aspects of the current healthcare environment in 2012 is the role now played by various physician extenders. Naylor and Kurtzman (Ref. 6) recently noted that nurses are the single largest group of healthcare professionals in the United States and they argue that nurse practitioners will play an increasingly vital role in primary care delivery. Similarly, physician assistants also bolster the ability of our healthcare system to offer some types of care at lower cost. The aforementioned 2002 FDA study did not include nurse practitioners or physician assistants in the sample; that study focused on general practitioners and specialists in several key areas targeted by DTC. Murray and colleagues (Ref. 7) also conducted a large-scale survey of U.S. physicians regarding their perceptions of DTC, but they also did not include nurse practitioners or physician assistants in their sample. Because DTC likely affects daily interactions between patients and nurse practitioners and physician assistants—similar to the 2002 FDA study that suggested the influence of advertising on physicians' work lives—including these groups in the new sample will further understanding of DTC in the healthcare system.</P>
        <P>Another limitation of the 2002 FDA study was the extent to which the results were nationally representative. As FDA has acknowledged, the initial set of results as reported were applicable to survey respondents but were not weighted to reflect national statistics as to the age, sex, and racial composition of the healthcare professional population. Similar to many types of surveys that have struggled in recent decades with declines in cooperation rates (Ref. 8), surveys of healthcare professionals in general often can benefit from weighting to reduce nonresponse bias. The current survey will include weighted responses from respondents that will reflect national demographic patterns.</P>
        <P>Over the past decade, researchers have been able to better assess how DTC has unfolded in the United States and determine the questions that warrant further survey work. For example, researchers have worried for a number of years that DTC might produce adverse outcomes, such as clinically inappropriate patient requests for drugs or patient overestimation of the efficacy of advertised medications (Refs. 5, 7, 9, and 10). At the same time, the 2002 FDA survey found that roughly as many physicians thought DTC had a positive effect on their practice as those who thought there had been a negative influence. Moreover, the 2002 FDA survey found that roughly a third of physicians surveyed thought that DTC had essentially no influence on their practice. The question of whether a similar pattern will emerge now, despite the growth of DTC, is a vital one.</P>
        <P>In addition, with the proliferation of social media platforms, the emergence of online pharmaceutical marketing, and the evolution of office detailing practices (Refs. 11 and 12), FDA will benefit by knowing more about healthcare professionals' awareness of new and emerging drug promotion sites and practices. The proposed survey will address these issues.</P>
        <HD SOURCE="HD1">Design Overview</HD>

        <P>We propose a nationally representative sample of healthcare professionals that will yield 2,000 responses from 500 general practitioners, 500 specialists, 500 nurse practitioners, and 500 physician assistants. Such a design will help to ensure our ability to discuss not only healthcare professional perceptions generally but also to assess potential<PRTPAGE P="61763"/>variation between different types of healthcare professionals. The data will be weighted to the national population of physicians, nurse practitioners, and physician assistants who have prescribing authority. We will develop weights to adjust for known unequal selection probabilities, for unequal response rates, and for any remaining deviations between the sample and population distributions. In the final step, we will use poststratification to calibrate the sample distribution to known population distribution to reduce the bias due to frame undercoverage. We believe that poststratification should reduce undercoverage bias to some extent for the same reasons that weighting adjustment reduces nonresponse bias. Population counts for use in poststratification will be obtained from the American Medical Association Master List and Medical Marketing Service lists for nurse practitioners and physician assistants. Available variables on which to weight include: State of practice and specialty for nurse practitioners and physician assistants. For physicians, these variables include: Age, gender, specialty, office based/hospital based; degree (MD or DO) and year of medical school graduation.</P>

        <P>All parts of this study will be administered over the Internet. Participants will answer questions about their attitudes about DTC and professional prescription drug promotion, their perceptions of the Bad Ad program, and their usage of new technologies, including social media (for complete questionnaire contact Daniel Gittleson (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>). Demographic information will also be collected. The entire procedure is expected to last approximately 20 minutes. This will be a one-time (rather than annual) information collection.</P>
        <P>In the<E T="04">Federal Register</E>of January 17, 2012 (77 FR 2299), FDA published a 60-day notice requesting public comment on the proposed collection of information. FDA received five public comment submissions which included over 50 comments embedded. In the following section, we outline the observations and suggestions raised in the comments and provide our responses:</P>
        <P>(Comment 1) Two comments recommended surveying pharmacists in addition to the health care professionals described in the notice (i.e., general practitioners, specialists, nurse practitioners, and physician assistants).</P>
        <P>(Response) We respectfully acknowledge the large role played by pharmacists in the health care system. However, the purpose of our survey is to query health care professionals with prescribing privileges. One comment noted that pharmacists have some limited prescribing privileges in certain States. This is true; pharmacists have certain privileges in Florida, can prescribe controlled substances under Collaborative Drug Therapy Management agreements in seven States, and with specific advanced training can prescribe within the Veterans Administration system. This contrasts with the nearly universal prescribing privileges of nurse practitioners and physician assistants, with varying levels of physician supervision. To maximize our resources, we propose to maintain our current distribution of health care professionals. Given the variety of prescribing privilege rights among physician extenders in different states, however, we will add a screening question to ensure that our respondents do have prescribing privileges.</P>
        <P>(Comment 2) One comment mentioned adding a variety of different types of prescribers to our sample, including dentists, doctors of osteopathy, and podiatrists.</P>
        <P>(Response) The comment incorrectly notes that the 2002 survey did not include a variety of prescribers. Contrary to the comment, the 2002 survey did include a range of specialties, reflecting those therapeutic areas with the highest amount of DTC advertising at that time. The current survey will include specialists who practice in therapeutic areas for which DTC advertising is or has recently been active: Dermatologists; endocrinologists; allergists/pulmonologists, psychiatrists (all of whom were sampled in 2002); rheumatologists; cardiologists; ear, nose, and throat doctors; urologists; neurologists; and pain specialists.</P>
        <P>(Comment 3) One comment recommended that demographic questions be added to the beginning of the survey to attain adequate representation, instead of occurring at the end.</P>
        <P>(Response) The Internet panel from which this data will be collected already contains much of the demographic information we need to ensure that participants represent a balanced stratification of demographic variables. When relevant information is not available from the panel, screening questions will be asked prior to the questionnaire to obtain the desired information. We prefer to keep other demographic variables at the end of the survey to avoid distracting participants with questions about personal information before they have answered substantive survey questions. We also prefer to ask our most important questions first to avoid any respondent fatigue that may occur throughout the survey. We expect that respondents will have an easier time answering questions about themselves; therefore, these questions will be less subject to participant fatigue.</P>
        <P>(Comment 4) One comment recommended adding open-ended questions in several locations in the survey.</P>
        <P>(Response) We appreciate this suggestion and agree that open-ended questions could provide extra, unprompted information from respondents. However, given the current length of the survey, it is likely that adding many open-ended questions would increase respondent demand and, therefore, result in more respondents quitting before completion. Moreover, the addition of several open-ended questions would increase coding burden without adding a commensurate value to our data. Thus, we do not plan to incorporate additional open-ended questions. If we find data that we would like to pursue further, we can incorporate this approach into future studies.</P>
        <P>(Comment 5) One comment recommended that we provide “don't know” and “it depends” responses for many questions.</P>
        <P>(Response) We understand the value of providing such responses for items of a factual nature and for items to which health care professionals might not know the answer (our items fall into the second category). The drawback to providing such response options, however, is that we may lose information by allowing respondents to choose an easy response instead of giving the item some thought. Research by Krosnick et al. (Ref. 13) demonstrated that providing “no opinion” options likely results in the loss of data without any corresponding increase in the data quality. Thus, we prefer not to add these options to the survey. We plan to cognitively test the questionnaire before fielding the survey, so we will observe whether participants have particular difficulty with any of the questions.</P>
        <P>(Comment 6) A comment recommended interpreting the results of this survey cautiously and in tandem with other ongoing research areas.</P>

        <P>(Response) We agree that careful interpretation of the data is crucial. We plan to apply the most rigorous standards of analysis and to interpret the findings based on those analyses alone. When relevant, we will assimilate the findings from this project with other research projects we conduct.<PRTPAGE P="61764"/>
        </P>
        <P>(Comment 7) One comment suggested that Q2 (now Q1) be asked as a screening question.</P>

        <P>(Response) We intend to screen based on percentage of time prescribers spend with patients. We do not believe additional screening based on the number of patients seen per week is necessary. We will ask only one of the three options provided in the draft questionnaire. Other comments have recommended asking respondents to recall the last<E T="03">week</E>in time, so we will use that question to assess their patient volume.</P>
        <P>(Comment 8) One comment recommended asking about “<E T="03">health and lifestyle changes</E>” as an additional question in Q3 (now Q2).</P>
        <P>(Response) We have added this item to the questionnaire.</P>
        <P>(Comment 9) This comment recommended eliminating the “almost always” option from Q3 (now Q2) because it may confuse respondents in terms of exactly what we are asking.</P>
        <P>(Response) We have removed this option and have changed the other responses so now the only responses are “never,” “rarely,” “sometimes,” and “often.” We believe this better represents the range of options available to answer this question and will make the question easier to answer.</P>
        <P>(Comment 10) One comment recommended that we add a response option to Q4 for in-office programming that occurs in waiting rooms.</P>
        <P>(Response) We have deleted this question entirely because of survey time constraints.</P>
        <P>(Comment 11) Two comments stated that 1 week is a reasonable amount of time to ask prescribers to recall information in Q5 (now Q3).</P>
        <P>(Response) As we have done in the screener and as suggested by these comments, we will use 1 week as the time period.</P>
        <P>(Comment 12) This comment recommended that we use a more specific probe in Q6 (now Q4) to gather information on why prescribers feel positively or negatively about patients mentioning advertised prescription drugs.</P>
        <P>(Response) We have added a followup probe (Q4a) to address why respondents chose their answer.</P>
        <P>(Comment 13) This comment recommended asking prescribers how their patients reference advertisements, for example, whether they specifically mention the drug's name, the condition the drug treats, or some element in the ad such as a butterfly or bee (Q8; now Q5).</P>
        <P>(Response) While this is a very interesting question, it is more relevant to marketers of these products and outside the scope of what FDA hopes to accomplish with this survey. Given the number of questions in the survey, we respectfully decline to add this question.</P>
        <P>(Comment 14) This comment recommended shortening the timeframe in Q9 (now Q6) from 1 month to 1 week.</P>
        <P>(Response) Given the feedback from this and other comments, we agree that 1 week is a reasonable amount of time to reference when answering these questions, and we have adjusted the questionnaire to reflect this change.</P>
        <P>(Comment 15) One comment recommended wording changes to Q7.</P>
        <P>(Response) Q7 has been deleted because of survey time constraints.</P>
        <P>(Comment 16) This comment asked that the nature of the request also be added to Q10 (now Q7).</P>
        <P>(Response) Although we agree that asking about the nature of the request would be interesting, additional questions would increase the burden on respondents, and we think that other areas of inquiry are more relevant at this time. Please note that we have altered the response option in this one question, which will yield additional information.</P>
        <P>(Comment 17) One comment recommended specifying in Q10 (now Q7) that patients have requested a drug after seeing it advertised.</P>
        <P>(Response) The purpose of the question is to assess the prescribing behavior of the prescriber, not the source of the patient's request, so we prefer to keep the question as is.</P>
        <P>(Comment 18) This comment recommended a change in the response options in Q10 (now Q7) to further delineate the prescriber's behavior.</P>
        <P>(Response) We agree that this is a useful change and have implemented this response format. We have made further changes based on peer review comments.</P>
        <P>(Comment 19) Two comments indicated that it may be difficult for health care professionals to answer Q12 (now Q9) as written.</P>
        <P>(Response) We agree that it might be difficult for prescribers to reliably assess the feelings and emotions of members of another group. We have changed the emphasis in this question from the patient's expectation to the health care professional's feeling of obligation, thus eliminating the issue over response options in the original item. We have altered the question to put the focus back on what prescribers feel rather than what their patients feel. Please note that we have also altered the response options for this question to make the question easier to answer.</P>
        <P>(Comment 20) This comment recommended emphasizing the part of the stem of Q13 and Q14 (now Q11) that states, “As a result of discussion about advertised prescription drugs.”</P>
        <P>(Response) Given the survey length, we have deleted original Q13, but this comment applies to current Q11. We have attempted to emphasize the appropriate part of the stem in this question and will be cognizant of this issue when working with the programmers of the actual survey. We will use bolding techniques and color as necessary to make sure that this part of the question is highlighted.</P>
        <P>(Comment 21) One comment questioned the utility of asking prescribers about a variety of behaviors they engage in as a result of a conversation about advertised drugs (Q14; now Q11). Their argument is that the prescriber may respond “never” because the subject did not come up, not because they did not want to provide that action.</P>
        <P>(Response) We agree that this is a possible interpretation of that response and will be careful to include that in interpretations of the data. Nevertheless, we are interested in obtaining information on the number of times these behaviors occur and believe this is a useful measure.</P>

        <P>(Comment 22) One comment recommended changing Q14 (now Q11) from “provided a brochure for the drug” to “provided a<E T="03">patient education</E>brochure for the drug.”</P>
        <P>(Response) We respectfully decline to add this phrase because not all brochures may be considered patient education brochures, and the addition does not improve or clarify the question.</P>
        <P>(Comment 23) One comment recommended making Q15 (now Q12) more specific.</P>
        <P>(Response) The purpose of this question is to get a general reaction to DTC advertising. Although we cannot statistically compare the results of this survey to FDA's 2002 physician survey for a number of reasons, we plan to descriptively compare results from the new survey with data obtained in 2002; thus, we prefer to keep the question as is. Although we did not make the question more specific, we have altered the wording slightly to make it clearer.</P>
        <P>(Comment 24) This comment recommended the addition of several questions about what happens in the prescriber-patient relationship when patients are exposed to advertised prescription drugs (Q16; now Q13).</P>

        <P>(Response) We agree that these are useful questions and have revised the questionnaire accordingly.<PRTPAGE P="61765"/>
        </P>
        <P>(Comment 25) One comment suggested adding a question to Q16 (now Q13) about whether DTC advertising increases the likelihood of conversations that the prescriber would not have otherwise had with his or her patients.</P>
        <P>(Response) We have included this suggestion in the revised questionnaire.</P>
        <P>(Comment 26) This comment recommended that we add “the patient requests to be taken off the prescribed medicine” to Q17 (now Q10).</P>
        <P>(Response) We agree this is a useful addition and have added it to the revised questionnaire.</P>
        <P>(Comment 27) The comment agreed that the item in Q17 (now Q10) asking about patient recall of aspects of advertised drugs they discuss with their prescribers is valuable, but questions whether the item as worded will yield interpretable results.</P>
        <P>(Response) We have revised the question and response options and will pay close attention to this when we conduct cognitive testing with nine participants prior to pretesting the instrument.</P>
        <P>(Comment 28) The comment recommended removal of the series of questions in Q17 (now Q10) because many factors may enter into the responses to each question. Specifically, the comment refers to personal characteristics of a patient that may influence these answers.</P>
        <P>(Response) We agree that patient characteristics may play a role, but we are interested in the overall responses of prescribers to these questions. Other surveys capture patient characteristics that may influence this question (Ref. 14). We have made minor improvements in the wording of these items based on peer review comments.</P>
        <P>(Comment 29) Two comments recommended adding questions to Q18, one of which referred to the effect of DTC advertising on prescription drugs patients are already taking.</P>
        <P>(Response) We have added questions on these topics to Q18 (now Q14).</P>
        <P>(Comment 30) The comment recommended the addition of several items related to cost to Q21 (now Q17).</P>
        <P>(Response) These questions are outside the scope of the current project because FDA does not have authority over the cost of prescription drugs. Given the current length of the survey, we have chosen not to include these recommendations.</P>
        <P>(Comment 31) One comment recommended the addition of two questions to the question series for Q22.</P>
        <P>(Response) We have included the recommendation in Q14 of the revised questionnaire.</P>
        <P>(Comment 32) This comment encouraged FDA to cautiously interpret the results of Q22 (now Q14), which asks whether prescribers believe that DTC advertising caused their patients to think drugs work better than they actually do.</P>
        <P>(Response) We agree that all responses should be interpreted cautiously and will take care to avoid overinterpreting beyond the data.</P>
        <P>(Comment 33) The comment suggested removing the concept of “less expensive treatments” from Q22 (now Q15) about whether prescribers thought DTC advertising caused patients to want advertised drugs over others.</P>
        <P>(Response) Although we have heard this complaint frequently in focus groups, we have modified this question so that instead of the comparator in the question being “less expensive treatments,” the comparator is “other recommended treatments.”</P>
        <P>(Comment 34) This comment recommended deleting the question about the cost of prescription drugs (Q22).</P>
        <P>(Response) We have deleted this question from the questionnaire.</P>
        <P>(Comment 35) One comment suggested a change in wording to Q23 (now Q16).</P>
        <P>(Response) We have replaced the word “diagnoses” with the word “treatment,” as suggested by the comment.</P>
        <P>(Comment 36) This comment refers to Q23 (now Q18) and the questions following it that inquire about patients bringing coupons to their doctors for specific prescription drugs. Coupons and other incentives are frequently used in DTC promotion. This comment recommended rewording the question to assess whether patients are more likely to ask prescribers for drugs with coupons rather than those without.</P>
        <P>(Response) We are unsure how prescribers would know this information because they are likely not current with the range of active advertising campaigns at any given time. We maintain that the currently worded question is a useful measure for assessing prescribers' general opinions about the use of incentives in DTC promotion.</P>
        <P>(Comment 37) The comment expressed concern about Q23-25 (now Q18-20) because they believe that without clarification we may miss important nuances such as the possibility that a coupon may initiate a quality conversation about an illness.</P>
        <P>(Response) As with all questions in this survey, we will carefully interpret the data, making sure not to draw conclusions not supported by the data. Nevertheless, we believe that if the presentation of a coupon resulted in a good doctor-patient conversation, the respondent would indeed select a positive answer to this question.</P>
        <P>(Comment 38) Two comments stated that Q25 (now Q20) repeats Q24 (now Q19) in the questionnaire.</P>
        <P>(Response) Q24 (now Q19), asked only of respondents who<E T="03">have</E>encountered a patient with a coupon, asks how they<E T="03">did</E>feel about that. Q25 (now Q20), asked only of respondents who have<E T="03">not</E>encountered a patient with a coupon, asks how they<E T="03">would</E>feel about that. Respondents will only see one of these two questions, depending on whether a patient has ever asked them about a prescription drug that has been advertised with a coupon. We like the suggested wording in one comment for Q24 (Q19) and have applied it to both questions.</P>
        <P>(Comment 39) The comment suggested modifying Q26 to ask whether prescribers have ever had patients become concerned about their medication after seeing an ad for it.</P>
        <P>(Response) We believe this would have been a good introductory question for the former Q26; however, because of survey time constraints, we were forced to limit the number of questions in this area. Based on peer review comments, we replaced these questions with a question that more directly asks whether prescribers have ever had a patient refuse to take or to stop taking their medication for these reasons (now Q21).</P>
        <P>(Comment 40) One comment recommended adding a response of “depends on the condition” to the question of whether there should be more or less information about medical conditions in DTC advertising (Q27).</P>
        <P>(Response) Because of survey time constraints, this question has been deleted.</P>
        <P>(Comment 41) One comment recommended changing the order of Q28 and Q29.</P>
        <P>(Response) Because of survey time constraints, all questions in this series have been deleted except Q29b (now Q22).</P>
        <P>(Comment 42) This comment has taken a subsection of the questions about awareness of the Bad Ad program (Q31-37; now Q23-30) and claimed that FDA is using this forum as a way to inform prescribers about the Bad Ad program.</P>

        <P>(Response) Looking at the entire set of questions, it is clear that the goal of this series is to assess whether prescribers have heard about the program and to explore their opinions about it. A description of the Bad Ad program is<PRTPAGE P="61766"/>provided in current Q24 because we want to ask the subsequent questions of all respondents and can only do so if they know about the program. This survey provides a logical vehicle for assessing opinions about the Bad Ad program. Furthermore, because the Bad Ad program is directly related to prescription drug promotion, we believe it is clearly within the scope of the survey. We recognize, however, that we did not make this clear in the introductory section of the<E T="04">Federal Register</E>notice, and we have included additional verbiage to remedy this omission. We note that no other comments expressed concern about these questions.</P>
        <P>(Comment 43) One comment recommended wording changes to the followup open-ended item about the Bad Ad program (Q34a; now Q27).</P>
        <P>(Response) We agree that the revised wording is preferable and have incorporated it into the questionnaire.</P>
        <P>(Comment 44) One comment recommended wording changes to Q36/Q37 (now Q29/Q30).</P>
        <P>(Response) We agree that changing the wording of these two questions may make them easier for respondents to understand and have done so in the questionnaire.</P>
        <P>(Comment 45) This comment recommended deleting Q38-43 (now Q31-36) regarding social media membership and participation, citing the justification that the survey is about DTC advertising and these questions are irrelevant.</P>
        <P>(Response) We reiterate that the purpose of the survey is to obtain opinions and responses from a variety of prescribers regarding prescription drug promotion. This topic encompasses both professional and DTC advertising and labeling and a variety of different media through which this promotion occurs. The Agency has an interest in determining the extent of promotion in emerging technologies such as social media, and various stakeholders have pressed the Agency to produce guidance related to new technologies. This survey provides an opportunity to explore prescribers' use of social media sites in order to assess whether future research is warranted regarding these emerging and potentially promotional venues. We have added language to the introduction section to clarify the scope of the survey.</P>
        <P>(Comment 46) One comment recommended that we change the word “post” to “comment” in Q42/Q43 (now Q35/36).</P>
        <P>(Response) We have made this change in these two questions. Please note that we have also added a time period to help respondents answer the questions more easily.</P>
        <P>(Comment 47) One comment recommended the addition of Internet search engines to Q44 (now Q37a and 37b).</P>
        <P>(Response) We have added search engines as an option for this question. We have also separated the question into two parts based on peer review comments to avoid a cognitively demanding ranking task.</P>
        <P>(Comment 48) This comment expressed support for FDA's data collection from health care professionals regarding prescription drug promotion. One general issue raised by this comment was the exclusion and inclusion criteria for prescribers.</P>
        <P>(Response) Prescribers must see patients at least 50 percent of the time in a non-hospital or non-inpatient setting. Primary care physicians will include internists, general practitioners, family practitioners, and obstetricians/gynecologists (all of whom were sampled in 2002). We will exclude pediatricians because relatively little DTC advertising is aimed at children or their parents. Specialists will include those who practice in therapeutic areas for which DTC advertising is or has recently been active: Dermatologists; endocrinologists; allergists/pulmonologists; psychiatrists (all of whom were sampled in 2002); rheumatologists; cardiologists; ear, nose, and throat doctors; urologists; neurologists; and pain specialists. Nurse practitioners and physician assistants must have prescribing privileges.</P>
        <P>(Comment 49) One comment raised the issue of weighting.</P>

        <P>(Response) Although we did not provide details on weighting in the 60-day<E T="04">Federal Register</E>notice, we agree and have implemented all suggestions provided by this comment. For example, this comment noted that FDA did not explain at what level results will be reported (i.e., aggregate versus each group as a separate sample). Results will be reported both in aggregate and for each group separately, and weights will be adjusted to produce national-level estimates.</P>
        <P>(Comment 50) This comment supported FDA's use of equal-sized samples of four different types of health care professionals (general practitioners, specialists, nurse practitioners, and physician assistants) although it suggests that the artificial nature of equal-sized samples may make it difficult to find population parameters and targets to use for weighting purposes.</P>
        <P>(Response) We note that the target population is all health care professionals with prescribing authority in the United States. This is considered the inferential population, which is rarely achieved. The proposed sample will be selected from the “responding population.” The final survey weights will be constructed to reduce the coverage error and to compensate for nonresponse error and unequal probability of selection to represent the target population.</P>
        <P>(Comment 51) This comment expressed skepticism that sample weighting can adjust or correct for noncoverage that results from inadequacies in sampling frames.</P>
        <P>(Response) We agree that frame undercoverage cannot completely eliminate noncoverage bias in an estimator completely but will apply poststratification as the primary method for dealing with this undercoverage (Ref. 15). We believe that poststratification should reduce this bias to some extent for the same reasons that weighting adjustment reduces nonresponse bias. We will consider trimming extreme weights and redistributing them to avoid losses in precision.</P>
        <P>(Comment 52) With regard to the questionnaire, this comment recommended adding specific questions about the prescriber's practice, including the size of the practice, whether it is part of a managed care organization, whether it is part of an integrated health system that involves hospitals, and whether the practice has a low- or no-access policy with regard to pharmaceutical sales representatives.</P>
        <P>(Response) We agree that these may be relevant variables, and these questions are represented in the demographic section.</P>
        <P>(Comment 53) One comment suggested adding a series of questions to assess the market dynamics that may affect prescribing decisions.</P>
        <P>(Response) Although these are interesting questions, they are outside the scope of the current project. Many of the suggested questions deal with issues of cost and reimbursement, which FDA does not regulate.</P>
        <P>(Comment 54) One comment recommended that we should ask particular questions of nurse practitioners and physician assistants to assess their characteristics.</P>

        <P>(Response) We agree with the comment and have several questions in the questionnaire, asked of all respondents, that will address some of these questions. We have added a question to the screener to ensure that all respondents have at least some prescribing authority, and we have added a question to the questionnaire to<PRTPAGE P="61767"/>delve further into how much authority respondents have. We will also ask all respondents how many prescriptions they write in 1 week.</P>
        <P>(Comment 55) One comment suggested reexamining the questionnaire from the Office of Prescription Drug Promotion's online DTC promotion study (Docket No. FDA-2011-N-0230) in light of this survey to explore the possibility of comparing responses on similar questions.</P>
        <P>(Response) We appreciate this suggestion and will examine the data from both studies to see if any descriptive comparisons can be made.</P>
        <P>Please note that in response to all comments received, whether we have adapted the suggestions or not, we will specifically examine the items mentioned in cognitive testing. During this testing, nine respondents will participate in the survey while explaining why and how they have chosen their answers and which questions they find difficult to respond to or to understand.</P>
        <P>FDA estimates the burden of this collection of information as follows:</P>
        <GPOTABLE CDEF="s50,12,12,12,12,12" 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</LI>
              <LI>respondent</LI>
            </CHED>
            <CHED H="1">Total annual<LI>responses</LI>
            </CHED>
            <CHED H="1">Average<LI>burden per</LI>
              <LI>response</LI>
            </CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Screener</ENT>
            <ENT>3,500</ENT>
            <ENT>1</ENT>
            <ENT>3,500</ENT>
            <ENT>0.03</ENT>
            <ENT>105</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pretest</ENT>
            <ENT>25</ENT>
            <ENT>1</ENT>
            <ENT>25</ENT>
            <ENT>0.33</ENT>
            <ENT>8</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Main Study</ENT>
            <ENT>2,000</ENT>
            <ENT>1</ENT>
            <ENT>2,000</ENT>
            <ENT>0.33</ENT>
            <ENT>660</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>773</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>There are no capital costs or operating and maintenance costs associated with this collection of information.</TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD1">V. References</HD>

        <P>The following references have been placed on display in the Division of Dockets Management (FDA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852 and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. FDA has verified the Web site addresses, but FDA is not responsible for any subsequent changes to the Web sites after this document publishes in the<E T="04">Federal Register</E>.</P>
        
        <EXTRACT>

          <FP SOURCE="FP-2">1. Fintor, L., “Direct-to-Consumer Marketing: How Has it Fared?”<E T="03">Journal of the National Cancer Institute,</E>94, 329-331, 2002.</FP>

          <FP SOURCE="FP-2">2. Palumbo, F.B., and C.D. Mullins, “The Development of Direct-to-Consumer Prescription Drug Advertising Regulations.”<E T="03">Food and Drug Law Journal,</E>57, 423-443, 2002.</FP>

          <FP SOURCE="FP-2">3. Curry, T.J., J. Jarosch, and S. Pacholok, “Are Direct to Consumer Advertisements of Prescription Drugs Educational? Comparing 1992 to 2002.”<E T="03">Journal of Drug Education,</E>35, 2172-2232, 2005.</FP>
          <FP SOURCE="FP-2">4. Government Accountability Office (GAO). “Improvements Needed in FDA's Oversight of Direct-to-Consumer Advertising.” GAO-07-54. Washington, DC: GAO, November 16, 2006.</FP>
          <FP SOURCE="FP-2">5. Aikin, K.J., J.L. Swasy, and A.C. Braman, “Patient and Physician Attitudes and Behaviors Associated With DTC Promotion of Prescription Drugs,” Washington, DC: Food and Drug Administration, November 19, 2004.</FP>

          <FP SOURCE="FP-2">6. Naylor, M.D., and E.T. Kurtman, “The Role of Nurse Practitioners in Reinventing Primary Care.”<E T="03">Health Affairs,</E>29, 893-899, 2010.</FP>

          <FP SOURCE="FP-2">7. Murray, E., B. Lo, L. Pollack, K. Donelan, and K. Lee, “Direct-to-Consumer Advertising: Physicians' Views of its Effects on Quality of Care and the Doctor-Patient Relationship.”<E T="03">Journal of the American Board of Family Practice,</E>16, 513-524, 2003.</FP>

          <FP SOURCE="FP-2">8. Dey, E.L., “Working With Low Survey Response Rates: The Efficacy of Weighting Adjustments.”<E T="03">Research in Higher Education,</E>38, 215-227, 1997.</FP>

          <FP SOURCE="FP-2">9. Mintzes, B., M.L. Barer, R.L. Kravitz, A. Kazanjian, K. Bassett, J. Lexchin, R.G. Evans, R. Pan, and S.A. Marion, “Influence of Direct to Consumer Pharmaceutical Advertising and Patients' Requests on Prescribing Decisions: Two Site Cross Sectional Study.”<E T="03">British Medical Journal,</E>324, 278-279, 2002.</FP>

          <FP SOURCE="FP-2">10. Mitra, A., J. Swasy, and K. Aikin, “How Do Consumers Interpret Market Leadership Claims in Direct-to-Consumer Advertising of Prescription Drugs?”<E T="03">Advances in Consumer Research,</E>33, 381-387, 2006.</FP>

          <FP SOURCE="FP-2">11. Donohue, J.M., M. Cevasco, and M.B. Rosenthal, “A Decade of Direct-to-Consumer Advertising of Prescription Drugs.”<E T="03">New England Journal of Medicine,</E>357, 673-681, 2007.</FP>

          <FP SOURCE="FP-2">12. Chew, L.D., T.S. O'Young, T.K. Hazlet, K.A. Bradley, C. Maynard, and D.S. Lessler, “A Physician Survey of the Effect of Drug Sample Availability on Physician's Behavior.”<E T="03">Journal of General Internal Medicine,</E>15, 478-483, 2000.</FP>

          <FP SOURCE="FP-2">13. Krosnick, J.A., A.L. Holbrook, M.K. Berent, R.T. Carson, W.M. Hanemann, R.J. Kopp, M. Conaway, “The Impact of `No Opinion' Response Options on Data Quality: Non-attitude Reduction or an Invitation to Satisfice?”<E T="03">Public Opinion Quarterly,</E>66, 371-403, 2002.</FP>
          <FP SOURCE="FP-2">14.<E T="03">Prevention Magazine.</E>(2011).<E T="03">http://www.rodaleinc.com/newsroom/12th-annual-survey-iconsumer-reaction-dtc-advertising-prescription-drugsi-reveals.</E>Last accessed March 29, 2012.</FP>
          <FP SOURCE="FP-2">15. Korn, E.L., and B.I. Graubard, “Analysis of Health Surveys” (p. 42, lines 10-16). John Wiley &amp; Sons: New York, NY, 1999.</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24973 Filed 10-10-12; 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-1025]</DEPDOC>
        <SUBJECT>The Science of Small Clinical Trials; Notice of Course</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>
        <P>The Food and Drug Administration (FDA), together with the National Institutes of Health (NIH) Office of Rare Diseases Research, National Center for Advancing Translational Sciences, is announcing a course entitled “The Science of Small Clinical Trials.” The course is intended to present an overall framework and provide training in the scientific aspects of designing and analyzing clinical trials based on small study populations. The course will bring together subject experts and stakeholders to identify when such trials should be conducted, along with strategies and trial designs that are conducive to overcoming the challenges they present.</P>

        <P>The goal of this course is to engage and educate FDA reviewers, NIH scientists, clinicians, academics and industry representatives with experience in human subject research, seeking to build upon their existing knowledge and to obtain a broader<PRTPAGE P="61768"/>context of what is known about small clinical trials across medical products (e.g. drugs, biologics, and devices).</P>
        <P>
          <E T="03">Date and Time:</E>The course will be held on November 27, 2012, from 8 a.m. to 5 p.m., and November 28, 2012, from 8 a.m. to 3 p.m.</P>
        <P>
          <E T="03">Location:</E>The course will be held at the FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (rm. 1503), Section A, Silver Spring, MD 20993-0002. Entrance for course participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For parking and security information, please refer to<E T="03">http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.</E>A live Web cast will be made available for FDA participants only. For participants who cannot attend the live course, a recorded Web cast will be made available after the course.</P>
        <P>
          <E T="03">Contact: For information regarding this notice:</E>Francesca Joseph, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 5264, Silver Spring, MD 20993-0002, 301-796-6805, FAX: 301-847-8621, email:<E T="03">Francesca.Joseph@fda.hhs.gov.</E>
        </P>
        <P>
          <E T="03">For information regarding the course and registration:</E>Megan McNamee, ICF International, 530 Gaither Rd., suite 500, Rockville, MD 20850, 301-407-6627, email:<E T="03">Megan.Mcnamee@icfi.com.</E>
        </P>
        <P>
          <E T="03">Registration:</E>Interested participants may register for this course at the following Web site:<E T="03">https://events-support.com/events/FDA-NIH_Science_Small_Clinical_Trials.</E>
        </P>

        <P>If you need sign language interpretation during this course, please contact Francesca Joseph at<E T="03">Francesca.Joseph@fda.hhs.gov</E>by October 26, 2012.</P>
        <P>The FDA-NIH Science of Small Clinical Trials Course is presented by FDA's Office of Orphan Product Development, Center for Drug Evaluation and Research, Center for Biologics Evaluation and Research, Center for Devices and Radiological Health; the NIH Office of Rare Disease Research, National Center for Advancing Translational Sciences; and will also include participation from outside experts in the field. This educational event will consist of live presentations provided by FDA experts from various Centers and Offices, as well as from outside experts. It will also include case studies of regulatory trials and interactive panel discussions. The course will be recorded for subsequent posting on FDA's Web site.</P>

        <P>(FDA has verified the Web site addresses throughout this document, but we are not responsible for any subsequent changes to the Web sites after this document publishes in the<E T="04">Federal Register</E>.)</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24977 Filed 10-10-12; 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-0001]</DEPDOC>
        <SUBJECT>Neurological Devices Panel of the Medical Devices Advisory Committee; Notice of Meeting</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>
        <P>This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.</P>
        <P>
          <E T="03">Name of Committee:</E>Neurological Devices Panel of the Medical Devices Advisory Committee.</P>
        <P>
          <E T="03">General Function of the Committee:</E>To provide advice and recommendations to the Agency on FDA's regulatory issues.</P>
        <P>
          <E T="03">Date and Time:</E>The meeting will be held on November 1, 2012, from 8 a.m. to 6 p.m.</P>
        <P>
          <E T="03">Location:</E>Hilton, Washington, DC North/Gaithersburg, Grand Ballroom, 620 Perry Pkwy., Gaithersburg, MD 20877. The hotel's telephone number is 301-977-8900.</P>
        <P>
          <E T="03">Contact Person:</E>LCDR Avena Russell, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 1535, Silver Spring, MD 20993-0002, 301-796-3805,<E T="03">Avena.Russell@fda.hhs.gov,</E>or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the<E T="04">Federal Register</E>about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at<E T="03">http://www.fda.gov/AdvisoryCommittees/default.htm</E>and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.</P>
        <P>
          <E T="03">Agenda:</E>On November 1, 2012, the committee will discuss current knowledge about the safety and effectiveness of the CoAxia NeuroFlo Catheter device for the intended use of diverting cardiac output to the cerebral vasculature via partial occlusion of the descending aorta, including in patients with acute ischemic stroke within 14 hours of symptom onset.</P>
        <P>The CoAxia NeuroFlo Catheter is a 7F multi-lumen device with two balloons mounted near the distal tip. The proximal end has a multi-port manifold which provides access for the guidewire, monitoring of blood pressure, and independent inflation of the individual balloons. The device is placed in the descending aorta. On March 30, 2005, a Humanitarian Device Exemption application for the CoAxia NeuroFlo Catheter was approved for the following indication for use:</P>
        
        <EXTRACT>
          <P>The CoAxia NeuroFlo Catheter is intended for the treatment of cerebral ischemia resulting from symptomatic vasospasm following aneurismal subarachnoid hemorrhage (SAH), secured by either surgical or endovascular intervention for patients who have failed maximal medical management.</P>
        </EXTRACT>
        
        <P>Of note, the CoAxia Neuroflo Catheter is identical in design to the Coaxia FloControl which is currently cleared for the following general indications for use:</P>
        <P>• The CoAxia FloControl Catheter is intended for use in selectively stopping or controlling flow in the peripheral vasculature (K023914).</P>
        <P>• The CoAxia FloControl Catheter is intended for use in selectively stopping or controlling flow in the peripheral vasculature, which includes the descending aorta (K090970).</P>
        <P>CoAxia has submitted a de novo application for the NeuroFlo Catheter for the following indication:</P>
        
        <EXTRACT>
          <P>The CoAxia NeuroFlo Catheter is intended for use in diversion of cardiac output via partial occlusion of the descending aorta, including patients with acute ischemic stroke within 14 hours of symptom onset. The CoAxia NeuroFlo Catheter is also intended for use in selectively stopping or controlling blood flow in the peripheral vasculature, which includes the descending aorta.</P>
        </EXTRACT>
        

        <P>FDA is convening this committee to seek expert scientific and clinical opinion on the risks and benefits of this device based on the available premarket and postmarket data. In particular, the panel will be asked to discuss the safety and effectiveness data from the “Safety and Efficacy of NeuroFlo Technology in Ischemic Stroke (SENTIS)” clinical trial<PRTPAGE P="61769"/>as they relate to the proposed indications for use.</P>

        <P>FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at<E T="03">http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm</E>. Scroll down to the appropriate advisory committee meeting link.</P>
        <P>
          <E T="03">Procedure:</E>Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before October 16, 2012. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before October 5, 2012. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by October 9, 2012.</P>
        <P>Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.</P>
        <P>FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Ann Marie Williams, Committee Management Staff, 301-796-5966 at least 7 days in advance of the meeting.</P>

        <P>FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at<E T="03">http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm</E>for procedures on public conduct during advisory committee meetings.</P>
        <P>Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Jill Hartzler Warner,</NAME>
          <TITLE>Acting Associate Commissioner for Special Medical Programs.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24974 Filed 10-10-12; 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>National Institutes of Health</SUBAGY>
        <SUBJECT>Office of the Director, National Institutes of Health; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Office of Research Infrastructure Programs Special Emphasis Panel; Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities, Special Emphasis Panel.</P>
          <P>
            <E T="03">Date:</E>November 7-8, 2012.</P>
          <P>
            <E T="03">Time:</E>8 a.m. to 5 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Martha F. Matocha, Ph.D., Scientific Review Officer, Office of Grants Management &amp; Scientific Review, National Center for Advancing Translational Sciences, National Institutes of Health, 6701 Democracy Blvd., Dem. 1, Room 1070, Bethesda, MD 20892-4874, 240-271-4890,<E T="03">matocham@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.14, Intramural Research Training Award; 93.22, Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research Generally; 93.39, Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from Disadvantaged Backgrounds, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>David Clary,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24939 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Office of the Director, National Institutes of Health; Amended Notice of Meeting</SUBJECT>

        <P>Notice is hereby given of a change in the information provided in the<E T="04">Federal Register</E>of the Council of Councils, October 29, 2012, 11 a.m. to October 29, 2012, 1 p.m., National Institutes of Health, Building 1, 1 Center Drive, Wilson Hall, Bethesda, MD, 20892 which was published in the<E T="04">Federal Register</E>on October 3, 2012, 77FR60445.</P>
        <P>This notice is being amended to correct the room number for the Executive Secretary to Room 260 and to remove statements on the original notice that do not apply to closed meetings. Since the entire meeting will be closed to the public in accordance with provisions set forth in sections 552(b)(c)(4) and 552b(c)(9)(B), the agenda and proposals will not be posted on the Council of Councils home page. The public procedures for filing comments or attending the meeting were also included in error.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24940 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>

        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose<PRTPAGE P="61770"/>confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel; NIIAAA Member Conflict Applications: Epidemiology, Prevention &amp; Treatment.</P>
          <P>
            <E T="03">Date:</E>October 26, 2012.</P>
          <P>
            <E T="03">Time:</E>1 p.m. to 3 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 5635 Fishers Lane, Bethesda, MD 20892, (Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Ranga Srinivas, Ph.D., Chief, Extramural Project Review Branch EPRB, NIAAA, National Institutes of Health, 5365 Fishers Lane, Room 2085, Rockville, MD 20852, (301) 451-2067,<E T="03">srinivar@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.273, Alcohol Research Programs, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24942 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Center for Scientific Review; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel Social Science and Population Studies A: Special Topics.</P>
          <P>
            <E T="03">Date:</E>October 23, 2012.</P>
          <P>
            <E T="03">Time:</E>11 a.m. to 12:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Suzanne Ryan, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, MSC 7770, Bethesda, MD 20892, (301) 435-1712,<E T="03">ryansj@csr.nih.gov.</E>
          </P>
          <P>This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24944 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; Cancer Therapeutics.</P>
          <P>
            <E T="03">Date:</E>November 5, 2012.</P>
          <P>
            <E T="03">Time:</E>7:30 a.m. to 6:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015.</P>
          <P>
            <E T="03">Contact Person:</E>Careen K Tang-Toth, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6214, MSC 7804, Bethesda, MD 20892, (301)435-3504,<E T="03">tothct@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; PAR Panel: Multidisciplinary Studies of HIV/AIDS and Aging.</P>
          <P>
            <E T="03">Date:</E>November 9, 2012.</P>
          <P>
            <E T="03">Time:</E>10 a.m. to 6 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Robert Freund, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, MSC 7852, Bethesda, MD 20892, 301-435-1050,<E T="03">freundr@csr.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos; 93.306, Comparative Medicine; 93.333, Clinical Research 93.306, 93.333; 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24945 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Human Genome Research Institute; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Human Genome Research Institute Special Emphasis Panel;  Genomic Medicine RFAs.</P>
          <P>
            <E T="03">Date:</E>November 19-20, 2012.</P>
          <P>
            <E T="03">Time:</E>8 a.m. to 5 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>NIH Events Management, 5635 Fishers Lane, Suite T500, Rockville, MD.</P>
          <P>
            <E T="03">Contact Person:</E>Keith McKenney, Ph.D., Scientific Review Officer, NHGRI, 5635 Fishers Lane, Suite 4076, Bethesda, MD 20814, 301-594-4280,<E T="03">mckenneyk@mail.nih.gov</E>.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <PRTPAGE P="61771"/>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>David Clary,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24943 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Environmental Health Sciences; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Environmental Health Sciences Review Committee.</P>
          <P>
            <E T="03">Date:</E>November 15, 2012.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 6 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institute of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T. W. Alexander Drive, Research Triangle Park, NC 27709.</P>
          <P>
            <E T="03">Contact Person:</E>Linda K Bass, Ph.D., Scientific Review Administrator, Scientific Review Branch, Division of Extramural Research and Training, National Institute of Environmental Health Sciences, P.O. Box 12233, MD EC-30, Research Triangle Park, NC 27709, (919) 541-1307.</P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute of Environmental Health Sciences Special Emphasis Panel; Institutional Research Training Grants.</P>
          <P>
            <E T="03">Date:</E>November 15, 2012.</P>
          <P>
            <E T="03">Time:</E>4 p.m. to 6 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institute of Environmental Health Sciences, Building 101, Rodbell Auditorium, 111 T. W. Alexander Drive, Research Triangle Park, NC 27709.</P>
          <P>
            <E T="03">Contact Person:</E>Janice B Allen, Ph.D., Scientific Review Administrator, Scientific Review Branch, Division of Extramural Research and Training, National Institute of Environmental Health Science, P. O. Box 12233, MD EC-30/Room 3170 B, Research Triangle Park, NC 27709, 919/541-7556.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24941 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <DEPDOC>[Docket No. USCG-2012-0908]</DEPDOC>
        <SUBJECT>Facility Security Officer Training Requirements</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard announces a public meeting to receive comments on the development of a Facility Security Officer training program, with the primary focus on developing the curriculum for such a program. Section 821 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281) requires the Secretary of Homeland Security to establish comprehensive FSO training requirements, and to coordinate with the Maritime Administrator of the Department of Transportation in developing the FSO training curriculum. The purpose of the public meeting is to obtain public comment on a draft model FSO training course and other elements of the FSO training program.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>A public meeting will be held on Friday, November 9, 2012 from 8:30 a.m. to 12:30 p.m. to provide an opportunity for oral comments. Seating is limited, so please RSVP as soon as possible using the method described under the<E T="02">ADDRESSES</E>section below, but no later than November 2, 2012. Written comments and related material may be submitted to Coast Guard personnel specified at that meeting. Written comments may also be submitted in response to this notice by following the instructions under the<E T="02">ADDRESSES</E>section below. The comment period for this notice will close on November 23, 2012. All written comments and related material submitted before or after the meeting must either be submitted to our online docket via<E T="03">http://www.regulations.gov</E>on or before November 23, 2012 or reach the Docket Management Facility by that date.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The public meeting will be held at the Department of Transportation Headquarters, Oklahoma Room, 1200 New Jersey Avenue SE., Washington, DC 20590. Please note that due to building security requirements, each visitor must present two valid, government-issued photo identifications in order to gain entrance to the Department of Transportation Headquarters building. The building is accessible by taxi, public transit, and privately owned conveyance. However, public parking in the vicinity of the building is extremely limited.</P>

          <P>This meeting is open to the public. Please note that the session may adjourn early if all business, concerns, and questions are addressed. A live video feed of the meeting will also be available via the following link:<E T="03">http://trial4.cdn.level3.net/USCGLivePlayer_040611.htm.</E>
          </P>
          <P>You may submit written comments identified by docket number USCG-2012-0908 before or after the meeting 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. Our online docket for this notice is available on the Internet at<E T="03">http://www.regulations.gov</E>under docket number USCG-2012-0908.</P>

          <P>To RSVP for the meeting, fill out the RSVP form using the following link<E T="03">https://einvitations.afit.edu/inv/anim/cfm?i=123867&amp;k=036341017D50.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions concerning the meeting, please call or email LTJG Lindsey Musselwhite, Commandant (CG-FAC-2), Coast Guard; telephone 202-372-1136, email<E T="03">Lindsey.A.Musselwhite@uscg.mil</E>or LCDR José Ramírez, Commandant (CG-FAC-2), Coast Guard; telephone 202-372-1150, email<E T="03">Jose.L.Ramirez@uscg.mil.</E>If you have questions on viewing or submitting<PRTPAGE P="61772"/>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">Background and Purpose</HD>

        <P>The Maritime Transportation Security Act of 2002 (Pub. L. 107-295, codified at 46 U.S.C. 70101<E T="03">et seq.</E>) (MTSA) provided the Coast Guard with statutory authorities and mandates to advance the Coast Guard's maritime security mission. Pursuant to its authority under MTSA, the Coast Guard promulgated regulations in 33 CFR part 105 that apply to certain maritime facilities listed in 33 CFR 105.105. Among the requirements in 33 CFR part 105, owners and operators of regulated facilities must designate a Facility Security Officer (FSO) (33 CFR 105.200). Coast Guard regulations also set forth FSO qualifications and responsibilities (33 CFR 105.205). Under current regulations, FSOs are not required to undergo a formal training and certification process.</P>
        <P>Section 821 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281) requires the Secretary of Homeland Security (Secretary) to establish comprehensive FSO training requirements designed to provide full security training that would lead to certification of such officers. The Coast Guard is in the process of considering a rulemaking to implement this portion of section 821.</P>

        <P>Section 821 also requires the Secretary to coordinate with the Maritime Administrator of the Department of Transportation in developing the FSO training curriculum. The Coast Guard and the Maritime Administrator believe that a public meeting would be beneficial at this stage in the process to engage the public and obtain comments on a draft model FSO training course as well as other aspects of the FSO training program. A draft model FSO training course will be available for viewing on the Coast Guard Homeport Web site (<E T="03">https://homeport.uscg.mil/mtsa</E>) as well as in the online docket two weeks prior to the meeting. Topics to be discussed at the meeting include the following:</P>
        <P>(1) Draft model FSO training course;</P>
        <P>(2) Computer-based training and distance learning;</P>
        <P>(3) Provisional FSO certification;</P>
        <P>(4) FSO continuing education;</P>
        <P>(5) FSO refresher course;</P>
        <P>(6) Interim policy to provide curriculum guidelines for potential FSO training course providers; and</P>
        <P>(7) Any additional topics of concern with respect to the FSO training program, certification, and the development and provision of training.</P>
        <P>The Coast Guard believes that a public meeting would also benefit the impacted community by providing a forum to raise relevant issues. This will further enable the Coast Guard to craft policy that takes into account public concerns.</P>

        <P>You may view the written comments and supporting documents (if any) in the online docket by going to<E T="03">http://www.regulations.gov</E>and using “USCG-2012-0908” as your search term. Locate this notice among the search results and use the filters on the left side of the page to search for specific types of documents. If you do not have access to the Internet, you may view the docket online 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>

        <P>We encourage you to participate by submitting comments either orally at the meeting or in writing. If you bring written comments to the meeting, you may submit them to Coast Guard personnel specified at the meeting to receive written comments. These comments will be submitted to our online public docket. 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>

        <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="HD1">Information on Services for Individuals With Disabilities</HD>

        <P>For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact LTJG Lindsey Musselwhite at the telephone number or email address indicated under the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice.</P>
        <HD SOURCE="HD1">Public Meeting</HD>
        <P>The Coast Guard will hold a public meeting regarding the development of an FSO training program on Friday, November 9, 2012 from 8:30 a.m. to 12:30 p.m., at the Department of Transportation Headquarters, Oklahoma Room, 1200 New Jersey Ave SE., Washington, DC 20590. We will provide a written summary of the meeting and comments in the docket.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>This notice is issued under the authority of 46 U.S.C. 70125(d) and 5 U.S.C. 552(a).</P>
        </AUTH>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>A.E. Tucci,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Chief, Office of Port and Facility Compliance (CG-FAC).</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25055 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <DEPDOC>[Docket ID FEMA-2012-0031; OMB No. 1660-0085]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request, Crisis Counseling Assistance and Training Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Federal Emergency Management Agency, 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 a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Crisis Counseling Assistance and Training Program which provides funding in response to a State's request for crisis counseling services for a presidentially declared disaster.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 10, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>To avoid duplicate submissions to the docket, please use only one of the following means to submit comments:</P>
          <P>(1)<E T="03">Online.</E>Submit comments at<E T="03">www.regulations.gov</E>under Docket ID FEMA-2012-0031. Follow the instructions for submitting comments.</P>
          <P>(2)<E T="03">Mail.</E>Submit written comments to Docket Manager, Office of Chief Counsel, DHS/FEMA, 500 C Street SW., Room 835, Washington, DC 20472-3100.</P>
          <P>(3)<E T="03">Facsimile.</E>Submit comments to (703) 483-2999.</P>

          <P>All submissions received must include the agency name and Docket ID.<PRTPAGE P="61773"/>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 read the Privacy Act notice that is available via the link in the footer of<E T="03">www.regulations.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Tanya Stevenson, Program Specialist, FEMA, Individual Assistance Division, Community Services and Volunteer Agency Coordination Branch, (202) 212-5719 for additional information. You may contact the Records Management Division for copies of the proposed collection of information at facsimile number (202) 646-3347 or email address:<E T="03">FEMA-Information-Collections-Management@dhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (Stafford Act) (42 U.S.C. 5183) Public Law 93-288, as amended, authorizes the President to provide financial assistance to States, U.S. Territories, and Federally Recognized Tribes for professional counseling services to survivors of major disasters to relieve mental health problems caused by or aggravated by a major disaster or its aftermath. FEMA has codified Section 416 of the Stafford Act at section 44 CFR 206.171 entitled Crisis Counseling Assistance and Training. Under Section 416 of the Stafford Act and 44 CFR 206.171, the President has designated the Department of Health and Human Services—Center for Mental Health Services (HHS-CMHS) to coordinate with FEMA in administering the Crisis Counseling Assistance and Training Program (CCP). FEMA and HHS-CMHS signed an interagency agreement under which HHS-CMHS provides program oversight, technical assistance and training to States applying for CCP funding.</P>
        <HD SOURCE="HD1">Collection of Information</HD>
        <P>
          <E T="03">Title:</E>Crisis Counseling Assistance and Training Program.</P>
        <P>
          <E T="03">Type of Information Collection:</E>Revision of a currently approved information collection.</P>
        <P>
          <E T="03">OMB Number:</E>1660-0085.</P>
        <P>
          <E T="03">FEMA Forms:</E>FEMA Form 003-0-1, Crisis Counseling Assistance and Training Program, Immediate Services Program Application; FEMA Form 003-0-2, Crisis Counseling Assistance and Training Program, Regular Services Program Application.</P>
        <P>
          <E T="03">Abstract:</E>The CCP consists of two grant programs, the Immediate Services Program (ISP) and the Regular Services Program (RSP). The ISP and the RSP provide supplemental funding to States, U.S. Territories, and Federally Recognized Tribes following a Presidentially-declared disaster. Services include community outreach, public education and counseling techniques. State Disaster Mental Health Coordinators are required to submit an application that provides information on Needs Assessment, Plan of Service, Program Management, and an accompanying Budget.</P>
        <P>
          <E T="03">Affected Public:</E>State, local or Tribal Government.</P>
        <P>
          <E T="03">Number of Respondents:</E>24 respondents.</P>
        <P>
          <E T="03">Number of Responses:</E>57 responses.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>2,580 hours.</P>
        <GPOTABLE CDEF="s50,r50,12,12,12,12,12,12" COLS="8" OPTS="L2,i1">
          <TTITLE>Table A.12—Estimated Annualized Burden Hours and Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Type of respondent</CHED>
            <CHED H="1">Form name/form No.</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>
            <CHED H="1">Total annual burden<LI>(in hours)</LI>
            </CHED>
            <CHED H="1">Average<LI>hourly wage rate *</LI>
            </CHED>
            <CHED H="1">Total annual respondent cost</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">State Disaster Mental Health Coordinator</ENT>
            <ENT>CCP/ISP application and training/FEMA Form 003-0-1</ENT>
            <ENT>15</ENT>
            <ENT>1</ENT>
            <ENT>72</ENT>
            <ENT>1,080</ENT>
            <ENT>$55.30</ENT>
            <ENT>$59,724.00</ENT>
          </ROW>
          <ROW>
            <ENT I="01">State Disaster Mental Health Coordinator</ENT>
            <ENT>Final Report Narrative/No form #</ENT>
            <ENT>15</ENT>
            <ENT>1</ENT>
            <ENT>10</ENT>
            <ENT>150</ENT>
            <ENT>55.30</ENT>
            <ENT>8,295.00</ENT>
          </ROW>
          <ROW>
            <ENT I="01">State Disaster Mental Health Coordinator</ENT>
            <ENT>CCP/RSP application and training/FEMA Form 003-0-2</ENT>
            <ENT>9</ENT>
            <ENT>1</ENT>
            <ENT>60</ENT>
            <ENT>540</ENT>
            <ENT>55.30</ENT>
            <ENT>29,862</ENT>
          </ROW>
          <ROW>
            <ENT I="01">State Disaster Mental Health Coordinator</ENT>
            <ENT>Quarterly Report Narrative/No form #</ENT>
            <ENT>9</ENT>
            <ENT>1</ENT>
            <ENT>30</ENT>
            <ENT>270</ENT>
            <ENT>55.30</ENT>
            <ENT>14,931</ENT>
          </ROW>
          <ROW>
            <ENT I="01">State Disaster Mental Health Coordinator</ENT>
            <ENT>Final Report Narrative/No form #</ENT>
            <ENT>9</ENT>
            <ENT>1</ENT>
            <ENT>60</ENT>
            <ENT>540</ENT>
            <ENT>55.30</ENT>
            <ENT>29,862</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT/>
            <ENT>57</ENT>
            <ENT/>
            <ENT/>
            <ENT>2,580</ENT>
            <ENT/>
            <ENT>$142,674</ENT>
          </ROW>
          <TNOTE>* Note: The “Average Hourly Wage Rate” for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.</TNOTE>
        </GPOTABLE>
        <P>
          <E T="03">Estimated Cost:</E>The estimated annual cost to respondents for the hour burden is $142,674. There are no annual costs to respondents operations and maintenance costs for technical services. There is no annual start-up or capital cost. The cost to the Federal Government is $139,654.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>Comments may be submitted as indicated in the<E T="02">ADDRESSES</E>caption above. Comments are solicited to (a) Evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) 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; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) 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>
        <SIG>
          <PRTPAGE P="61774"/>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Charlene D. Myrthil,</NAME>
          <TITLE>Director, Records Management Division, Mission Support Bureau, Federal Emergency Management Agency, Department of Homeland Security.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25033 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <DEPDOC>[Internal Agency Docket No. FEMA-4080-DR; Docket ID FEMA-2012-0002]</DEPDOC>
        <SUBJECT>Louisiana; Amendment No. 13 to Notice of a Major Disaster Declaration</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-4080-DR), dated August 29, 2012, and related determinations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 1, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of a major disaster declaration for the State of Louisiana is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of August 29, 2012.</P>
        
        <EXTRACT>
          <P>The parishes of Allen, Morehouse, and St. Martin for Individual Assistance (already designated Public Assistance [Categories A and B], including direct federal assistance).</P>
          <P>The parishes Catahoula, Franklin, Lafayette, Morehouse, St. Landry, St. Martin, Union, and Vermillion for Public Assistance [Categories C-G] (already designated for Public Assistance [Category A and B], including direct federal assistance).</P>
          
          <FP>(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)</FP>
        </EXTRACT>
        
        <SIG>
          <NAME>W. Craig Fugate,</NAME>
          <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25057 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-23-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <DEPDOC>[Internal Agency Docket No. FEMA-4079-DR; Docket ID FEMA-2012-0002]</DEPDOC>
        <SUBJECT>New Mexico; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice amends the notice of a major disaster declaration for the State of New Mexico (FEMA-4079-DR), dated August 24, 2012, and related determinations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 3, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3886.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of a major disaster declaration for the State of New Mexico is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of August 24, 2012.</P>
        
        <EXTRACT>
          <P>Los Alamos County and the Mescalero Apache Tribe for Public Assistance.</P>
          
          <FP>(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)</FP>
        </EXTRACT>
        
        <SIG>
          <NAME>W. Craig Fugate,</NAME>
          <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25058 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-23-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <DEPDOC>[Internal Agency Docket No. FEMA-4082-DR; Docket ID FEMA-2012-0002]</DEPDOC>
        <SUBJECT>Alabama; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-4082-DR), dated September 21, 2012, and related determinations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>October 3, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3886.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of a major disaster declaration for the State of Alabama is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 21, 2012.</P>
        
        <EXTRACT>
          <P>Covington, Dallas, Geneva, Monroe, and Perry Counties for Public Assistance.</P>
          
          <FP>(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)</FP>
        </EXTRACT>
        <SIG>
          <NAME>W. Craig Fugate,</NAME>
          <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25031 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-23-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61775"/>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Federal Emergency Management Agency</SUBAGY>
        <DEPDOC>[Docket ID FEMA-2008-0010]</DEPDOC>
        <SUBJECT>Cancellation; Federal Advisory Committee Meeting: Board of Visitors for the National Fire Academy</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Emergency Management Agency, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting cancellation.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The meeting of the Board of Visitors for the National Fire Academy (Board) scheduled for Friday, October 5, from 8:30 a.m. to 5 p.m. EST, and Saturday, October 6, 2012, from 9 a.m. to 1:30 p.m. EST is cancelled. Notice of this meeting was published in the September 17, 2012, issue of the<E T="04">Federal Register</E>.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Cindy Wivell, 16825 South Seton Avenue, Emmitsburg, Maryland 21727, telephone (301) 447-1157, fax (301) 447-183473, and email<E T="03">Cindy.Wivell@fema.dhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Notice of this cancellation of this meeting is given under the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended, 5 U.S.C. App. Notice of this meeting was published in the September 17, 2012, issue of the<E T="04">Federal Register</E>at 77 FR 57102.</P>
        <HD SOURCE="HD1">Purpose of the Board</HD>
        <P>The purpose of the Board is to review annually the programs of the National Fire Academy (Academy) and advise the Administrator of the Federal Emergency Management Agency (FEMA), through the United States Fire Administrator, regarding the operation of the Academy and any improvements therein that the Board deems appropriate.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Denis G. Onieal,</NAME>
          <TITLE>Superintendent,National Fire Academy,United States Fire Administration,Federal Emergency Management Agency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25095 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-45-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 1615-0106]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Petition for Qualifying Family Member of a U-1 Nonimmigrant, Form Number I-929; 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 27, 2012, at 77 FR 38308 with a correction published on July 6, 2012, at 77 FR 40078, 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 November 13, 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@uscis.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-2009-0010. When submitting comments by email, please make sure to add 1615-0106 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">
            <E T="02">Note:</E>
          </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 agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</P>
        <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
        <P>(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic 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>Petition for Qualifying Family Member of a U-1 Nonimmigrant.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>I-929; 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. Section 245(m) of the Immigration and Nationality Act (Act) allows certain qualifying family members who have never held U nonimmigrant status to seek lawful<PRTPAGE P="61776"/>permanent residence or apply for immigrant visas. Before such family members may apply for adjustment of status or seek immigrant visas, the U-1 nonimmigrant who has been granted adjustment of status must file an immigrant petition on behalf of the qualifying family member using Form I-929. Form I-929 is necessary for USCIS to make a determination that the eligibility requirements and conditions are met regarding the qualifying family member.</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>2,000 respondents with an estimated average burden per response of 1 hour.</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>2,000 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 202-272-8377.</P>
        <SIG>
          <DATED>Dated: October 2, 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. 2012-24961 Filed 10-10-12; 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 1615-0001]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Petition for Alien Fiancé(e), Form I-129F, Revision of a Currently Approved Collection</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>60-Day Notice.</P>
        </ACT>

        <P>The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), will be submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the<E T="04">Federal Register</E>to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for 60 days until December 10, 2012.</P>

        <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 the Department of Homeland Security, USCIS, Office of Policy and Strategy, Laura Dawkins, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529. Comments may also be submitted via the Federal eRulemaking Portal Web site at<E T="03">http://www.Regulations.gov</E>under e-Docket ID number USCIS-2006-0028.</P>

        <P>All submissions received must include the agency name 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. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or that 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>Written comments and suggestions from the public and affected agencies concerning the 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>Revision of a currently approved information collection.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>Petition for Alien Fiancé(e).</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>Form I-129F, U.S. Citizenship and Immigration Services.</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-129F must be filed with USCIS by a citizen of the United States in order to petition for an alien fiancé(e), spouse, or his/her children.</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>46,936 responses at 1 hour and 35 minutes (1.58 hours) per response.</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>74,158 annual burden hours.</P>

        <P>If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the Federal eRulemaking Portal site at:<E T="03">http://www.regulations.gov.</E>
        </P>
        <P>We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529, Telephone number 202-272-8377.</P>
        <SIG>
          <DATED>Dated: October 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. 2012-24963 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9111-97-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-C-64]</DEPDOC>
        <SUBJECT>Notice of Submission of Proposed Information Collection to OMBHousing Counseling Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>On September 17, 2012, at 77 FR 57103, HUD publishedHousing Counseling Program and reference to the NOFA charts were excluded.Nonprofit Housing Counseling organizations<PRTPAGE P="61777"/>submit information to HUD through Grants.gov when applying for grant funds to provide housing counseling assistance to eligiblehomebuyers to find and purchase affordable housing; Housing Counseling organizations alsoassist eligible homeowners to avoid foreclosures; The Housing Counseling organizations alsouse grant funds to assist renters to avoid evictions; help the homeless find temporary orpermanent shelter; report fair housing and discrimination. HUD uses the information collectedto evaluate applicants competitively and then select qualified organizations to receive fundingthat supplement their housing counseling program. Post-award collection, such as quarterlyreports, will allow HUD to evaluate grantees' performance. This collection of informationincludes renewal of various HUD forms, including the HUD-9900 which is the HousingCounseling Approval Application, and form HUD-9902, Housing Counseling AgencyActivity Report. Additionally, it covers the collection of client level activities, client financialleverage data, and agency profile information.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>November 13, 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 (2502-0261) 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.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting 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 Proposed:</E>Housing Counseling Program.</P>
        <P>
          <E T="03">OMB Approved Number:</E>2502-0261.</P>
        <P>
          <E T="03">Form Numbers:</E>SF-424, SF-424Supp, SF-424CB, SF-LLL, HUD-27300, HUD-2880,HUD-2990, HUD-2991, HUD-2994, HUD-96010, HUD-9902 and NOFA charts.</P>
        <P>
          <E T="03">Description of the need for the information and its proposed use:</E>Nonprofit Housing Counseling organizations submit information to HUD through Grants.gov when applying for grant funds to provide housing counseling assistance to eligiblehomebuyers to find and purchase affordable housing; Housing Counseling organizations alsoassist eligible homeowners to avoid foreclosures; The Housing Counseling organizations alsouse grant funds to assist renters to avoid evictions; help the homeless find temporary orpermanent shelter; report fair housing and discrimination. Through the NOFA charts, HUDuses the information collected to evaluate applicants competitively and then select qualifiedorganizations to receive funding that supports their housing counseling program. The NOFAcharts include data fields covering agency knowledge and capacity, need for the service (targetpopulation), historical performance and projections, leveraging and program outcomes. Post-award collection, such as quarterly reports, will allow HUD to evaluate grantees' performance.This collection of information includes renewal of various HUD forms, including the HUD-9900which is the Housing Counseling Approval Application, and form HUD-9902, HousingCounseling Agency Activity Report. Additionally, it covers the collection of client levelactivities, client financial leverage data, and agency profile information.</P>
        <GPOTABLE CDEF="s50,12C,12C,2,12C,12C" COLS="06" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>12,402</ENT>
            <ENT>3.305</ENT>
            <ENT/>
            <ENT>0.907</ENT>
            <ENT>37,213</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>37,213.</P>
        <P>
          <E T="03">Status:</E>Extension without change of currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer,Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24962 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-70]</DEPDOC>
        <SUBJECT>Notice of Submission of Proposed Information Collection to OMBGeneric Customer Satisfaction Surveys</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>

          <P>Executive Order 12862, “Setting Customer Service Standards” requires that Federal agencies provide the highest quality service to our customers by identifying them and determining what they think about our services. The surveys covered in the request for a generic clearance will provide HUD a means to gather this data directly from our customers. HUD will conduct various customer satisfaction surveys to gather feedback and data directly from our customers to determine the kind<PRTPAGE P="61778"/>and quality of services and products they want and expect to receive.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>November 13, 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 (2535-0116) 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.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting 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 Proposed:</E>Generic Customer Satisfaction Surveys.</P>
        <P>
          <E T="03">OMB Approval Number:</E>2535-0116.</P>
        <P>
          <E T="03">Form Numbers:</E>None.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>Executive Order 12862, “Setting Customer Service Standards” requires that Federal agencies provide the highest quality service to our customers by identifying them and determining what they think about our services. The surveys covered in the request for a generic clearance will provide HUD a means to gather this data directly from our customers. HUD will conduct various customer satisfaction surveys to gather feedback and data directly from our customers to determine the kind and quality of services and products they want and expect to receive.</P>
        <GPOTABLE CDEF="s50,12C,12C,2,12C,12C" COLS="06" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>10</ENT>
            <ENT>11724</ENT>
            <ENT/>
            <ENT>0.1128</ENT>
            <ENT>13,229</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>13,229</P>
        <P>
          <E T="03">Status:</E>Reinstatement with change of a previously approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24965 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Indian Affairs</SUBAGY>
        <SUBJECT>Shakopee Mdewakanton Sioux Community—Liquor Ordinance To Allow for On-Sale Liquor Transactions</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Indian Affairs, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice publishes the Shakopee Mdewakanton Sioux Community—Liquor Ordinance to Allow for On-Sale Liquor Transactions (Ordinance). The Ordinance regulates and controls the sale, consumption and possession of liquor within the Shakopee Mdewakanton Sioux Community's Indian country. This Ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within its Indian country and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>This Act is effective as of October 11, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>David Christensen, Tribal Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman Pointe II, 5600 West American Boulevard, Bloomington, MN 55437, Telephone (612) 725-4554; Fax (612) 713-4401; or De Springer, Office of Indian Services, 1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202) 513-7626; Fax (202) 208-5113.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Pursuant to the Act of August 15, 1953; Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in<E T="03">Rice</E>v.<E T="03">Rehner,</E>463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the<E T="04">Federal Register</E>notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Shakopee Mdewakanton Sioux Community Business Council adopted the Liquor Ordinance to Allow for On-Sale Liquor Transactions, by Business Council Resolution No. 08-15-12-01, on August 15, 2012.</P>
        <P>This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Business Council duly adopted the Liquor Ordinance to Allow for On-Sale Liquor Transactions on August 15, 2012.</P>
        <SIG>
          <DATED>Dated: October 5, 2012.</DATED>
          <NAME>Donald E. Laverdure,</NAME>
          <TITLE>Acting Assistant Secretary—Indian Affairs.</TITLE>
        </SIG>
        
        <P>The Shakopee Mdewakanton Sioux Community Liquor Ordinance to Allow for On-Sale Liquor Transactions shall read as follows:</P>
        <HD SOURCE="HD2">Section I. Title</HD>

        <P>This Ordinance shall be known as the Shakopee Mdewakanton Sioux Community On-Sale Liquor Ordinance. This Ordinance is intended to replace and supersede the Shakopee Mdewakanton Sioux Community Resolution and Ordinance Providing for On-Sale Transactions of Intoxicating Beverages enacted by the Shakopee Mdewakanton Sioux Community General Council on September 21, 1983 and published in the<E T="04">Federal Register</E>on April 10, 1984. It is enacted pursuant to Article V, § 1(h) of the Community Constitution.<PRTPAGE P="61779"/>
        </P>
        <HD SOURCE="HD2">Section II. Purpose</HD>
        <P>The purpose is to authorize, regulate and control the sale and serving of on-sale alcoholic beverages within the territory of the Shakopee Mdewakanton Sioux Community in accordance with federal law, the laws of the Tribe and the laws of the State of Minnesota.</P>
        <HD SOURCE="HD2">Section III. Definitions</HD>
        <P>A. “Business Council” shall mean the body composed of the members of the Tribe's Business Council, duly elected and serving in accordance with the provisions of the Constitution of the Tribe.</P>
        <P>B. “General Council” shall mean the governing body of the Tribe, in accordance with the provisions of the Constitution of the Tribe.</P>
        <P>C. “License” shall mean permission to sell liquor for consumption at a Tribally-owned property located within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status which is issued in accordance with the provisions of this Ordinance.</P>
        <P>D. “Licensed premises” shall mean: (1) Locations where Tribal gaming or gaming-related activity is authorized and where the Tribal Gaming Enterprise may be authorized to sell liquor if such sales have been authorized by the Shakopee Mdewakanton Sioux Community Gaming Ordinance; (2) designated locations authorized by this Ordinance other than by subsection (1); or (3) gaming or non-gaming locations on other Tribally-owned property.</P>
        <P>E. “Liquor” shall mean any alcoholic beverage.</P>
        <P>F. “Non-gaming Location” shall mean those areas of the Reservation or under the jurisdiction of the Tribe where gaming is not authorized. A non-gaming location shall include areas within a Tribal Gaming Enterprise not designated by the Gaming Commission as gaming space within a Tribal Gaming Enterprise location.</P>
        <P>G. “On-sale” shall mean the sale of liquor for consumption on licensed premises only.</P>
        <P>H. “Tribe” shall mean the Shakopee Mdewakanton Sioux Community, a federally recognized Indian Tribe organized under Section 16 of the Indian Reorganization Act of 1934.</P>
        <P>I. “Tribal Gaming Enterprise” shall mean the Tribal department created by Tribal Ordinance and delegated the responsibility to operate and conduct bingo, the sale of pull tabs, gaming in general and the conduct of other games of chance, including but not limited to video games of chance, blackjack, card games, and any other lawful games of chance and to oversee the Tribe's gaming and gaming-related activity.</P>
        <P>J. “Tribal Gaming Location” shall mean those areas operated and overseen by the Tribal Gaming Enterprise where gaming is authorized and conducted on the Shakopee Mdewakanton Sioux Community Reservation.</P>
        <HD SOURCE="HD2">Section IV. Business Council Oversight Authority and Reporting Requirements</HD>
        <P>A. The Business Council of the Tribe shall oversee liquor licensing, sales, and operations on Tribally-owned property located within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status.</P>
        <P>B. All on-sale liquor operations conducted by any Tribally authorized entity on Tribally-owned property within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status shall report at least annually to the General Council on all on-sale liquor operations.</P>
        <HD SOURCE="HD2">Section V. Licenses</HD>
        <P>An annual license for on-sale liquor may be issued only to: (1) The Tribal Gaming Enterprise if it has received authorization as set forth in Section III(D)(1); or (2) a Tribal enterprise provided for in III(D)(3);</P>
        <P>A. Any on-sale liquor operation authorized by this Ordinance, including authorization for the Tribal Gaming Enterprise, must apply on behalf of each individual location within the Tribe's jurisdiction for the on-sale liquor license and no sale shall be allowed unless the location has been duly licensed.</P>
        <P>B. Licenses shall be for the term of one year, running from the date of issuance through December 31 of the calendar year.</P>
        <P>C. Application procedure:</P>
        <P>1. A Tribal enterprise including the Tribal Gaming Enterprise, if so authorized, shall complete an application form as provided by the Business Council. The application form shall require details, including but not limited to, the exact location or locations intended to become licensed premises.</P>
        <P>2. The Business Council shall be authorized to issue a license for the sale of alcohol for consumption at the following locations: (a) The amphitheater; (b) the Meadows Golf Course; and (c) any areas not designated by the Gaming Commission as gaming space within a Gaming Enterprise location.</P>
        <P>3. The Business Council may issue an on-sale liquor license if and when it is determined that all applicable Tribal and Federal requirements are satisfied.</P>
        <HD SOURCE="HD2">Section VI. Operation Under License</HD>
        <P>A. A license issued hereunder shall authorize on-sale operations for the sale and consumption of liquor.</P>
        <P>B. Plan of Operation:</P>
        <P>1. Prior to any sale of liquor, an on-sale liquor operation, other than the Tribal Gaming Enterprise, and those locations identified in Section V (C)(2) above, must submit a specific and detailed plan of operation, including information required by Section V(C)(1) above, for approval by the General Council. No sales shall occur until the General Council has approved the plan. Any alteration of the plan of operation, including any changes regarding locations of alcohol sales and consumption, will require approval from the General Council.</P>
        <P>2. If the Tribal Gaming Enterprise has been duly authorized to sell liquor, it shall submit the required plan to the Shakopee Gaming Enterprise Board of Directors for approval.</P>
        <P>C. Pursuant to federal law requirements, any on-sale liquor operation must conform its operations to those applicable laws of the State of Minnesota relating to the sale or possession or consumption of alcoholic beverages as required by the applicable Minnesota Statutes Annotated.</P>
        <P>D. Any and all on-sale transactions and consumption of liquor shall be confined to licensed premises.</P>
        <P>E. All authorized on-sale and consumption liquor operations must keep complete and accurate records of inventory and sales, and provide such information in its report to the General Council.</P>
        <P>F. The Business Council may suspend or revoke a license under this Ordinance for violation of any of the terms of this Ordinance; provided that an applicant shall be given notice and an opportunity to request a hearing before the Business Council prior to the suspension or revocation.</P>
        <HD SOURCE="HD2">Section VII. Sovereign Immunity</HD>
        <P>Nothing contained in this Ordinance is intended to nor does it in any way limit, alter, restrict, or waive the Tribe's sovereign immunity.</P>
        <HD SOURCE="HD2">Section VIII. Severability</HD>
        <P>If any part of this Ordinance shall be found inoperable by operation of law, all surviving parts of this Ordinance shall remain in effect.</P>
        <HD SOURCE="HD2">Section IX. Jurisdiction</HD>

        <P>The Tribal Court of the Shakopee Mdewkanton Sioux Community shall<PRTPAGE P="61780"/>have jurisdiction over disputes arising from this law. Such jurisdiction shall be exclusive to the Tribal Court of the Shakopee Mdewakanton Sioux Community.</P>
        <HD SOURCE="HD2">Section X. Secretarial Approval</HD>

        <P>This law shall become effective when it is certified by the Secretary of Interior and published in the<E T="04">Federal Register</E>.</P>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25025 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-4J-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Indian Affairs</SUBAGY>
        <SUBJECT>Preparation of the 2013 American Indian Population and Labor Force Report</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Indian Affairs, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Informational Sessions and Tribal Consultation Sessions.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Indian Affairs will conduct two informational sessions and four leader-to-leader sessions with Indian tribes to obtain oral and written comments concerning preparation of the 2013 American Indian Population and Labor Force Report.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments are due November 12, 2012. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this notice for dates of the information sessions and leader-to-leader consultation sessions.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>See the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this notice for the locations of the informational sessions and leader-to-leader consultation sessions. Submit comments by email to:<E T="03">consultation@bia.gov</E>or by U.S. mail to: Office of the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, attn: Steven Payson, Mail Stop 4141 MIB, 1849 C Street NW., Washington, DC 20240.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For further technical information regarding preparation of the 2013 Labor Force Report, please contact Steven Payson, Economist, Office of the Assistant Secretary—Indian Affairs, at (202) 513-7745. For all other information, please contact Mr. Jonodev Chaudhuri, Counselor to the Assistant Secretary—Indian Affairs, at (202) 208-7613.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Indian Affairs will conduct two informational sessions and four leader-to-leader sessions with Indian tribes to obtain oral and written comments concerning preparation of the 2013 American Indian Population and Labor Force Report.</P>
        <P>
          <E T="03">Informational sessions.</E>Two information sessions on this topic will be held to coincide with the Alaska Federation of Natives Conference and National Congress of American Indians Convention. In addition to an exchange of information, we welcome informal comments during the two informational sessions.</P>
        <P>• Annual Alaska Federation of Natives Conference, Room #3, second floor at the Dena'ina Center, 600 W. 7th Avenue, Anchorage, Alaska, Saturday, October 20, 2012, from 9 a.m. to 12 noon AKST (a teleconference line will be available for this informational session and can be accessed at (866) 723-7478, and with participant code #1572466.</P>
        <P>• National Congress of American Indians 69th Annual Convention, in Room #305 at the Sacramento Convention Center, 1400 J Street, Sacramento, California, on Wednesday, October 24, 2012, from 6 p.m. to 8 p.m. PST.</P>
        <P>
          <E T="03">Leader-to-leader consultation sessions.</E>As part of our consultation efforts, we will be hosting four leader-to-leader sessions—three in-person sessions and one session via national conference. The four leader-to-leader sessions will build upon the informational sessions and focus on leader-to-leader dialogue. We will develop a transcript for the following leader-to-leader sessions.</P>
        <P>• Monday, October 29, 2012, 8:30 a.m. to 12:30 p.m. CST—in the Hilton Garden Inn located at 801 South Meridian, Oklahoma City, Oklahoma. You may contact the hotel at (405) 942-1400.</P>
        <P>• Tuesday, October 30, 2012, 1 p.m. to 4 p.m. MST—at the Bureau of Indian Affairs' Western Regional office in the fourth floor Eagle and Buffalo Rooms located at 2600 North Central Avenue, Phoenix, Arizona. Signs will be posted in the lobby and on the fourth floor. The Regional Director's Office will validate parking for the garage located directly behind 2600 North Central Avenue.</P>
        <P>• Thursday, November 1, 2012, 8:30 a.m. to 12:30 p.m. MST—Holiday Inn Rushmore Plaza 505 North 5th Street, Rapid City, South Dakota. The Holiday Inn will provide a block of rooms for a limited time. You may contact the hotel at (605) 348-4000.</P>
        <P>• Friday, November 9, 2012, from 1 p.m. to 3 p.m. EST at (877) 716-4290, and with participant code 5074051. For any technical assistance during the national call, please contact (202) 208-7163.</P>
        <HD SOURCE="HD1">Background</HD>

        <P>Accurate information on the population and employment levels of tribes is critically important for understanding the social and economic circumstances that tribes face and identifying the best policies and strategies for promoting economic development in Indian Country. Congress recognized this importance in the Indian Employment, Training, and Related Services Demonstration Act of 1992, as amended, (Pub. L. 102-477, § 17), by requiring the Department of the Interior to publish, at least once every two years, the<E T="03">American Indian Population and Labor Force Report</E>. The Act specifically requires:</P>
        
        <EXTRACT>
          <P>[A] report on the population, by gender, eligible for the services which the Secretary provides to Indian people. The report shall include, but is not limited to, information at the national level by State, Bureau of Indian Affairs Service Area, and tribal level for the—</P>
          <P>(1) total service population;</P>
          <P>(2) the service population under age 16 and over 64;</P>
          <P>(3) the population available for work, including those not considered to be actively seeking work;</P>
          <P>(4) the employed population, including those employed with annual earnings below the poverty line; and</P>
          <P>(5) the numbers employed in private sector positions and in public sector positions.</P>
        </EXTRACT>
        
        <P>The Department is expected to produce the next<E T="03">American Indian Population and Labor Force Report</E>in 2013. In preparation, the Department would like tribes' input on the questions regarding how to define certain terms and how best to obtain the information required by the Act. In the past, Interior has obtained the Labor Force Report information required by the Act by surveying Tribes. Another option to obtain this data would be to acquire it from the U.S. Census Bureau. We are seeking Tribes' input on these options for collecting data, and other issues, including:</P>
        <P>(1) To what extent do you have the above-listed population and employment information readily available to respond to a survey?</P>
        <P>(2) Would you be willing to respond to such a survey?</P>
        <P>(3) Is there other information, beyond that which is specifically required by the Act, that you would be willing to provide in a survey, if the information will help federal or Tribal programming?</P>

        <P>(4) Should Interior use information from the Census Bureau to answer the questions for the report? If so, what kind of information should be acquired from the Census Bureau's published statistics? If not, is it a matter of the<PRTPAGE P="61781"/>availability of the Census Bureau's statistics or a matter of their accuracy (or both)?</P>
        <P>(5) If Interior can obtain all of the information needed for the report from the Census Bureau, should it still conduct a survey to ask Tribes for this or other information?</P>
        <P>(6) Regardless of whether Interior uses a survey or Census Bureau data for future reports, Interior is considering using information from the Census Bureau, rather than a survey, for the 2013 report to meet the 2013 deadline. What are your views on this approach?</P>
        <P>(7) Are there other options for obtaining this information that Interior should consider?</P>
        <P>(8) How should “service population” by the “Tribal level” be defined for this report? For example:</P>
        <P>(a) Should it include individuals in the Tribe's general location, or should it include individuals enrolled in the Tribe who may not be in the Tribe's location but may still be eligible for services?</P>
        <P>(b) If people are in an area where they may receive services from more than one Tribe, should they be counted only as in the service population of the Tribe in which they are enrolled?</P>
        <P>(c) Should service population be measured in terms of geography as opposed to Tribal enrollment?</P>
        <SIG>
          <DATED>Dated: September 28, 2012.</DATED>
          <NAME>Donald E. Laverdure,</NAME>
          <TITLE>Acting Assistant Secretary, Indian Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24960 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[LLNMP0000 L13110000.XH0000]</DEPDOC>
        <SUBJECT>Notice of Public Meeting, Pecos District Resource Advisory Council Meeting, New Mexico</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Public Meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM), Pecos District Resource Advisory Council (RAC), will meet as indicated below.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting is on November 13-14, 2012, from 9 a.m.-4 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be at the Bureau of Land Management Carlsbad Field Office, 620 E. Greene, Carlsbad, NM, on November 13, with a tour for RAC members of range improvements on upland and riparian areas on November 14. The public may send written comments to the RAC, 2909 W. 2nd Street, Roswell, NM 88201.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Betty Hicks, Pecos District, Bureau of Land Management, 2909 W. 2nd Street, Roswell, NM 88201, 575-627-0242. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8229 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 with the above individual. You will receive a reply during normal business hours.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The 10-member RAC advises the Secretary of Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in New Mexico.</P>
        <P>Planned agenda items include BLM Application for Permit to Drill (APD) process, State Land Office APD process, Resource Management Plan update, Draft Secretary's Potash Order, Hunting unitization, and Public Land Access.</P>
        <P>A half-hour public comment period during which the public may address the Council is scheduled to begin at 3 p.m. on November 13. All RAC meetings are open to the public. Depending on the number of individuals wishing to comment and time available, the time for individual oral comments may be limited.</P>
        <SIG>
          <NAME>Douglas J. Burger,</NAME>
          <TITLE>District Manager.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25017 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-VA$-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NAGPRA-11258; 2200-1100-665]</DEPDOC>
        <SUBJECT>Notice of Intent to Repatriate Cultural Items: Maxey Museum, Whitman College, Walla Walla, WA; Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; correction.</P>
        </ACT>
        <P>Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3005, of the intent to repatriate cultural items in the possession of Maxey Museum, Whitman College, Walla Walla, WA that meet the definition of unassociated funerary objects under 25 U.S.C. 3001.</P>
        <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.</P>

        <P>This notice removes two of the unassociated funerary objects published in a Notice of Intent to Repatriate in the<E T="04">Federal Register</E>(77 FR 13622-13622, March 7, 2012). The two objects were not included due to a cataloguing error.</P>
        <P>In the<E T="04">Federal Register</E>(77 FR 13622-13622, March 7, 2012), paragraph six, sentence two is corrected by substituting the following sentence:</P>
        
        <EXTRACT>
          <P>The unassociated funerary objects are: 25 stone implements; 3 pestle fragments; 1 pounding stones; 1 grooved stone; 1 mortar; 2 pestles; 1 bone awl; and 1 lot of metal beads.</P>
        </EXTRACT>
        
        <P>In the<E T="04">Federal Register</E>(77 FR 13622-13622, March 7, 2012), paragraph 11, sentence one is corrected by substituting the following sentence:</P>
        
        <EXTRACT>
          <P>• Pursuant to 25 U.S.C. 3001(3)(B), the 35 cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from specific burial sites of Native American individuals.</P>
        </EXTRACT>
        
        <HD SOURCE="HD1">Additional Requestors</HD>
        <P>Representatives of any other Indian tribe that believes itself to be culturally affiliated with the unassociated funerary objects should contact Gary Rollefson, Maxey Museum, Whitman College, 345 Boyer Avenue, Walla Walla, WA 99362, telephone (509) 527-4938, before November 13, 2012. Repatriation of the unassociated funerary objects to the Confederated Tribes and Bands of the Yakama Nation, Washington; Confederated Tribes of the Colville Reservation, Washington; Confederated Tribes of the Umatilla Reservation, Oregon; Confederated Tribes of the Warm Springs Reservation of Oregon; Nez Perce Tribe, Idaho (previously listed as Nez Perce Tribe of Idaho) (hereafter referred to as “The Tribes”); and the Wanapum Band, a non-Federally recognized Indian group, may proceed after that date if no additional claimants come forward.</P>

        <P>Maxey Museum, Whitman College is responsible for notifying The Tribes and the Wanapum Band, a non-Federally<PRTPAGE P="61782"/>recognized Indian group, that this notice has been published.</P>
        <SIG>
          <DATED>Dated: September 11, 2012.</DATED>
          <NAME>Sherry Hutt,</NAME>
          <TITLE>Manager, National NAGPRA Program.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25048 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NAGPRA-11269; 2200-1100-665]</DEPDOC>
        <SUBJECT>Notice of Inventory Completion: Washington State Parks and Recreation Commission, Olympia, WA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Washington State Parks and Recreation Commission has completed an inventory of human remains, in consultation with the appropriate Indian tribes, and has determined that there is a cultural affiliation between the human remains and a present-day Indian tribe. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains may contact the Washington State Parks and Recreation Commission. Repatriation of the human remains to the Indian tribe stated below may occur if no additional claimants come forward.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Representatives of any Indian tribe that believes it has a cultural affiliation with the human remains should contact the Washington State Parks and Recreation Commission at the address below by November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Alicia Woods, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, telephone (360) 902-0939.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of the Washington State Parks and Recreation Commission. The human remains were removed from three different locations in Pacific County, WA.</P>
        <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the state agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.</P>
        <HD SOURCE="HD1">Consultation</HD>
        <P>A detailed assessment of the human remains was made by Washington State Parks and Recreation Commission professional staff in consultation with representatives of the Shoalwater Bay Tribe of the Shoalwater Bay Reservation, Washington, and the Chinook Nation, Washington (a non-Federally recognized Indian group). The Confederated Tribes of the Chehalis Reservation, Washington, were contacted by mail and telephone but declined formal consultation unless neither of the aforementioned groups made a claim.</P>
        <HD SOURCE="HD1">History and Description of the Remains</HD>
        <P>Sometime prior to 1958, human remains representing, at minimum, one individual were removed from a house in the town of Ilwaco, in Pacific County, WA. The human remains consist of a partial cranium. The Ralph Wilson family discovered the remains under their house and donated them to the Washington State Parks and Recreation Commission, at Fort Columbia State Park. No known individuals were identified. No associated funerary objects are present.</P>
        <P>Sometime prior to 1958, human remains representing, at minimum, one individual were removed from an unknown site located in the town of Ilwaco, in Pacific County, WA. The human remains consist of a mandible and mandibular dentition. Dr. W. Iles discovered the remains and donated them to the Washington State Parks and Recreation Commission, at Fort Columbia State Park. No known individuals were identified. No associated funerary objects are present.</P>
        <P>Sometime prior to 2001, human remains representing, at minimum, one individual were removed from a site believed to be located in or near Fort Columbia, in Pacific County, WA. The human remains consist of one nearly complete cranium. As the remains were located in the Fort Columbia State Park collections and were undocumented, they are believed to have originated either from Fort Columbia or from one of three nearby sites. No known individuals were identified. No associated funerary objects are present.</P>
        <P>Following examination by a physical anthropologist, the human remains described above were determined to be consistent with Native American heritage based cranial and dental morphological characteristics. All of the remains were removed from locations near Fort Columbia State Park, in Chinook, Pacific County, WA. Fort Columbia was built as a U.S. military installation at Chinook Point beginning in 1896, was completed in 1904, and became a state park in 1950. During its construction, an undocumented number of Native American burials were discovered. Since that time, additional burials have been located in documented sites surrounding the park boundaries.</P>
        <P>Fort Columbia State Park is located on the north bank of the Columbia River, along the eastern leg of Baker Bay, east of Chinook Point and at the base of Scarborough Hill. The lands around Baker Bay and along Chinook Point were the aboriginal lands of the lower-river Chinook Indians. Scarborough Hill, along with Chinook Point, has figured prominently in lower-river Chinook Indian legends and served as one of many burial grounds in the area for the Indians. Early explorers Captain Robert Gray (1792), Captain George Vancouver (1792), and Captains Meriwether Lewis and James Clark (1805) documented the lower-river Chinookan Indians, including their traditional habitation of the north bank of the Columbia River during spring and summer months. Throughout the next two centuries, additional documentation of the lower-river Chinook people was produced by explorers, pioneers, anthropologists, and visitors to the region. Based on the location of the remains, the Washington State Parks and Recreation Commission has determined that the Chinook Indians, a non-Federally recognized Indian group, maintains the closest cultural and ancestral connection to these By the end of the nineteenth century, lower-river Chinook society had been all but decimated, and by 1900, some of the remaining Chinook Indians merged with Indians to their north, in the Shoalwater Bay region (now named Willapa Bay). Based on this history, the Washington State Parks and Recreation Commission has determined that the Shoalwater Bay Tribe of the Shoalwater Bay Reservation, Washington, is the Indian tribe having the closest shared group identity with the human remains.</P>
        <HD SOURCE="HD1">Determinations Made by the Washington State Parks and Recreation Commission</HD>
        <P>Officials of the Washington State Parks and Recreation Commission have determined that:</P>
        <P>• Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of three individuals of Native American ancestry.</P>

        <P>• Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group<PRTPAGE P="61783"/>identity that can be reasonably traced between the Native American human remains and the Shoalwater Bay Tribe of the Shoalwater Bay Reservation.</P>
        <HD SOURCE="HD1">Additional Requestors and Disposition</HD>
        <P>Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains should contact Alicia Woods, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, telephone (360) 902-0939, before November 13, 2012. Repatriation of the human remains jointly to the Shoalwater Bay Tribe of the Shoalwater Bay Reservation, Washington, and the Chinook Nation, a non-Federally recognized Indian group, may proceed after that date if no additional claimants come forward.</P>
        <P>The Washington State Parks and Recreation Commission is responsible for notifying the Confederated Tribes of the Chehalis Reservation, Washington; the Shoalwater Bay Tribe of the Shoalwater Bay Reservation, Washington; and the Chinook Nation, a non-Federally recognized Indian group, that this notice has been published.</P>
        <SIG>
          <DATED>Dated: September 12, 2012.</DATED>
          <NAME>Sherry Hutt,</NAME>
          <TITLE>Manager, National NAGPRA Program.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25046 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11268; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before September 8, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by October 26, 2012. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: September 12, 2012.</DATED>
          <NAME>J. Paul Loether,</NAME>
          <TITLE>Chief,National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        
        <EXTRACT>
          <HD SOURCE="HD1">ILLINOIS</HD>
          <HD SOURCE="HD1">Peoria County</HD>
          <FP SOURCE="FP-1">U.S. Post Office and Courthouse,100 NE. Monroe St.,Peoria, 12000878</FP>
          <HD SOURCE="HD1">MINNESOTA</HD>
          <HD SOURCE="HD1">Otter Tail County</HD>
          <FP SOURCE="FP-1">United States Post Office and Courthouse,118 S. Mill St.,Fergus Falls, 12000879</FP>
          <HD SOURCE="HD1">NEW JERSEY</HD>
          <HD SOURCE="HD1">Monmouth County</HD>
          <FP SOURCE="FP-1">Gregory Primary School,157 N. 7th Ave.,Long Branch, 12000880</FP>
          <HD SOURCE="HD1">NORTH DAKOTA</HD>
          <HD SOURCE="HD1">Cass County</HD>
          <FP SOURCE="FP-1">Wilson, Woodrow, School,315 N. University Dr.,Fargo, 12000881</FP>
          <HD SOURCE="HD1">SOUTH CAROLINA</HD>
          <HD SOURCE="HD1">Spartanburg County</HD>
          <FP SOURCE="FP-1">Drayton Mill,1802 Drayton Rd.,Spartanburg, 12000882</FP>
          <HD SOURCE="HD1">UTAH</HD>
          <HD SOURCE="HD1">Davis County</HD>
          <FP SOURCE="FP-1">Lagoon Carousel,(Lagoon Amusement Park, Farmington, Utah MPS)375 Lagoon Dr.,Farmington, 12000883</FP>
          <FP SOURCE="FP-1">Lagoon Flying Scooter,(Lagoon Amusement Park, Farmington, Utah MPS)375 N. Lagoon Dr.,Farmington, 12000884</FP>
          <FP SOURCE="FP-1">Lagoon Roller Coaster,(Lagoon Amusement Park, Farmington, Utah MPS)375 N. Lagoon Dr.,Farmington, 12000885</FP>
        </EXTRACT>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24959 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-WASO-NRNHL-11231; 2200-3200-665]</DEPDOC>
        <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
        <P>Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before September 1, 2012. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by October 26, 2012. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: September 6, 2012.</DATED>
          <NAME>J. Paul Loether,</NAME>
          <TITLE>Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
        </SIG>
        
        <EXTRACT>
          <HD SOURCE="HD1">ARIZONA</HD>
          <HD SOURCE="HD1">Cochise County</HD>
          <FP SOURCE="FP-1">Camp Naco Historic District,</FP>
          <FP SOURCE="FP-1">Jct. of Willson Rd. &amp; Newell St.,</FP>
          <FP SOURCE="FP-1">Naco, 12000853</FP>
          <HD SOURCE="HD1">Pima County</HD>
          <FP SOURCE="FP-1">University Indian Ruin Archaeological Research District, 2799 N. Indian Ruins Rd., Tucson, 12000854</FP>
          <HD SOURCE="HD1">ARKANSAS</HD>
          <HD SOURCE="HD1">Benton County</HD>
          <FP SOURCE="FP-1">Rogers Commercial Historic District, (Benton County MRA) 300 blk. S. 1st, 100 blk. S. 2nd, 200 blk. W. Walnut, &amp; 200 blk. W. Elm Sts., Rogers, 12000855</FP>
          <HD SOURCE="HD1">Lawrence County</HD>
          <FP SOURCE="FP-1">Building Number 29, (World War II Home Front Efforts in Arkansas, MPS) 162 N. Beacon Rd., Walnut Ridge, 12000856</FP>
          <HD SOURCE="HD1">Pulaski County</HD>
          <FP SOURCE="FP-1">South Main Street Residential Historic District (Boundary Increase), 2006-2008, 2014 S. Scott, &amp; 114, 116, 118 E 21st Sts., Little Rock, 12000857</FP>
          <HD SOURCE="HD1">Woodruff County</HD>
          <FP SOURCE="FP-1">Gregory House, 300 S. 2nd St., Augusta, 12000858<PRTPAGE P="61784"/>
          </FP>
          <HD SOURCE="HD1">CALIFORNIA</HD>
          <HD SOURCE="HD1">Los Angeles County</HD>
          <FP SOURCE="FP-1">CA-LAN-1258, (Rock Art Sites of the Angeles National Forest, California) Address Restricted, Canyon Country, 12000861</FP>
          <FP SOURCE="FP-1">CA-LAN-1302, (Rock Art Sites of the Angeles National Forest, California) Address Restricted, Azusa, 12000862</FP>
          <FP SOURCE="FP-1">CA-LAN-1946, (Rock Art Sites of the Angeles National Forest, California) Address Restricted, Acton, 12000860</FP>
          <FP SOURCE="FP-1">CA-LAN-441, (Rock Art Sites of the Angeles National Forest, California) Address Restricted, Castaic, 12000863</FP>
          <FP SOURCE="FP-1">CA-LAN-540, (Rock Art Sites of the Angeles National Forest, California) Address Restricted, Agua Dulce, 12000859</FP>
          <HD SOURCE="HD1">DISTRICT OF COLUMBIA</HD>
          <HD SOURCE="HD1">District of Columbia</HD>
          <FP SOURCE="FP-1">Maycroft, The, (Apartment Buildings in Washington, DC, MPS) 1474 Columbia Rd. NW., Washington, 12000864</FP>
          <HD SOURCE="HD1">FLORIDA</HD>
          <HD SOURCE="HD1">Manatee County</HD>
          <FP SOURCE="FP-1">Palmetto Armory, 810 6th St., W., Palmetto, 12000865</FP>
          <HD SOURCE="HD1">Wakulla County</HD>
          <FP SOURCE="FP-1">Mount Beasor Primitive Baptist Church, 120 Mount Beasor Rd., Sopchoppy, 12000866</FP>
          <HD SOURCE="HD1">HAWAII</HD>
          <HD SOURCE="HD1">Honolulu County</HD>
          <FP SOURCE="FP-1">East—West Center Complex, 1601 East-West Rd., Honolulu, 12000867</FP>
          <HD SOURCE="HD1">KANSAS</HD>
          <HD SOURCE="HD1">Riley County</HD>
          <FP SOURCE="FP-1">Walters, Daniel and Maude, House, (Late 19th and Early 20th Century Residential Resources in Manhattan, Kansas MPS) 100 S. Delaware Ave., Manhattan, 12000868</FP>
          <HD SOURCE="HD1">Rush County</HD>
          <FP SOURCE="FP-1">Miller Farmstead, (Agriculture-Related Resources of Kansas) 2913 KS 4, La Crosse, 12000869</FP>
          <HD SOURCE="HD1">MICHIGAN</HD>
          <HD SOURCE="HD1">Wayne County</HD>
          <FP SOURCE="FP-1">Campau, Jos., Historic District, Bounded by Holbrook, Pulaski, Casmere, &amp; Lehman Sts., Hamtramck, 12000870</FP>
          <HD SOURCE="HD1">MINNESOTA</HD>
          <HD SOURCE="HD1">Itasca County</HD>
          <FP SOURCE="FP-1">Bigfork Village Hall, (Federal Relief Construction in Minnesota MPS) 200 Main Ave., Bigfork, 12000871</FP>
          <HD SOURCE="HD1">McLeod County</HD>
          <FP SOURCE="FP-1">Glencoe Grade and High School, 1107 11th St., E., Glencoe, 12000872</FP>
          <HD SOURCE="HD1">MISSOURI</HD>
          <HD SOURCE="HD1">Saline County</HD>
          <FP SOURCE="FP-1">Fitzgibbon Hospital, 868 S. Brunswick Ave., Marshall, 12000874</FP>
          <HD SOURCE="HD1">St. Louis Independent city</HD>
          <FP SOURCE="FP-1">Central High School, (St. Louis Public Schools of William B. Ittner MPS) 3616 Garrison, St. Louis (Independent City), 12000873</FP>
          <HD SOURCE="HD1">NEW MEXICO</HD>
          <HD SOURCE="HD1">Santa Fe County</HD>
          <FP SOURCE="FP-1">Baumann, Jane and Gustave, House and Studio, 409 Camino de Las Animas, Santa Fe, 12000875</FP>
          <HD SOURCE="HD1">NEW YORK</HD>
          <HD SOURCE="HD1">Essex County</HD>
          <FP SOURCE="FP-1">Putnam Camp, 1196 NY 73, Saint Huberts, 12000876</FP>
          <HD SOURCE="HD1">OREGON</HD>
          <HD SOURCE="HD1">Clackamas County</HD>
          <FP SOURCE="FP-1">Roehr, Osco C., House, 128 North Shore Cir., Lake Oswego, 12000877</FP>
        </EXTRACT>
        
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24958 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4312-51-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Reclamation</SUBAGY>
        <SUBJECT>Colorado River Basin Salinity Control Advisory Council</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Reclamation, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Colorado River Basin Salinity Control Advisory Council (Council) was established by the Colorado River Basin Salinity Control Act of 1974 (Pub. L. 93-320) (Act) to receive reports and advise Federal agencies on implementing the Act. In accordance with the Federal Advisory Committee Act, the Bureau of Reclamation announces that the Council will meet as detailed below. The meeting of the Council is open to the public.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Council will convene the meeting on Wednesday, November 7, 2012, at 3 p.m. and recess at approximately 6 p.m. The Council will reconvene the meeting on Thursday, November 8, 2012, at 8:30 a.m. and adjourn the meeting at approximately 11 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The meeting will be held at the Central Arizona Water Conservation District Office, 23636 North 7th Street, Phoenix, Arizona. Send written comments to Mr. Kib Jacobson, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah 84138-1147; telephone (801) 524-3753; facsimile (801) 524-3847; email at:<E T="03">kjacobson@usbr.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kib Jacobson, telephone (801) 524-3753; facsimile (801) 524-3847; email at:<E T="03">kjacobson@usbr.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Any member of the public may file written statements with the Council before, during, or up to 30 days after the meeting either in person or by mail. To the extent that time permits, the Council chairman will allow public presentation of oral comments at the meeting. To allow full consideration of information by Council members, written notice must be provided at least 5 days prior to the meeting. Any written comments received prior to the meeting will be provided to Council members at the meeting.</P>
        <P>The purpose of the meeting is to discuss the accomplishments of Federal agencies and make recommendations on future activities to control salinity. Council members will be briefed on the status of salinity control activities and receive input for drafting the Council's annual report. The Bureau of Reclamation, Bureau of Land Management, U.S. Fish and Wildlife Service, and United States Geological Survey of the Department of the Interior; the Natural Resources Conservation Service of the Department of Agriculture; and the Environmental Protection Agency will each present a progress report and a schedule of activities on salinity control in the Colorado River Basin. The Council will discuss salinity control activities, the contents of the reports, and the Basin States Program created by Public Law 110-246, which amended the Act.</P>
        <HD SOURCE="HD1">Public Disclosure</HD>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, please be advised 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: September 14, 2012.</DATED>
          <NAME>Larry Walkoviak,</NAME>
          <TITLE>Regional Director, Upper Colorado Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25014 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-MN-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61785"/>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBJECT>Office on Violence Against Women; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office on Violence Against Women, United States Department of Justice.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the Task Force on Research on Violence Against American Indian and Alaska Native Women (hereinafter “the Task Force”).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will take place on October 30 and 31, 2012 from 8:30 a.m. to 5 p.m. each day.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will take place at the Office of Justice Programs, U.S. Department of Justice, 810 7th Street NW., 3rd Floor Ballroom, Washington, DC 20531. The public is asked to pre-register by October 23, 2012 for the meeting due to security considerations and so that there is adequate space (see below for information on pre-registration).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530; by telephone at: (202) 514-8804; email:<E T="03">Lorraine.edmo@usdoj.gov;</E>or fax: (202) 307-3911. You may also view information about the Task Force on the Office on Violence Against Women Web site at:<E T="03">http://www.ovw.usdoj.gov/section904-taskforce.html.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. Title IX of the Violence Against Women Act of 2005 (VAWA 2005) requires the Attorney General to establish a Task Force to assist the National Institute of Justice (NIJ) to develop and implement a program of research on violence against American Indian and Alaska Native women, including domestic violence, dating violence, sexual assault, stalking, and murder. The program will evaluate the effectiveness of the Federal, state, and tribal response to violence against Indian women, and will propose recommendations to improve the government response. The Attorney General, acting through the Director of the Office on Violence Against Women, established the Task Force on March 31, 2008.</P>

        <P>This meeting will include an update on NIJ's program of research, an overview of NIJ's Federal Response Study, an overview of the Center for Disease Control's 2010 General Population National Intimate Partner and Sexual Violence Surveillance Study (NISVS) and NIJ's American Indian and Alaska Native NISVS Oversample Study, an overview of NIJ's proposed sampling plan for a baseline study, and a presentation on refinement and field implementation of the Tribal Study of Public Safety and Public Health Issues Facing American Indian and Alaska Native Women as well as facilitated Task Force member discussion. In addition, the Task Force is also welcoming public oral comment at this meeting and has reserved an estimated 15 minutes on October 30 and 31 for this purpose. Members of the public wishing to address the Task Force must contact Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530; by telephone at: (202) 514-8804; email:<E T="03">Lorraine.edmo@usdoj.gov;</E>or fax: (202) 307-3911.</P>
        <P>The meeting will take place on October 30 and 31, 2012 from 8:30 a.m. to 5 p.m. and will include lunch breaks. Time will be reserved for public comment from 11:45 a.m. to 12 p.m. on October 30 and 31. See the section below for information on reserving time for public comment.</P>
        <P>
          <E T="03">Access:</E>This meeting will be open to the pubic but registration on a space available basis and for security reasons is required. All members of the public who wish to attend must register in advance of the meeting by October 23, 2012 by contacting Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, by email:<E T="03">Lorraine.edmo@usdoj.gov</E>; or fax: (202) 307-3911. All attendees will be required to sign in and be processed through Security at the Lobby Visitors Desk. Please bring photo identification and allow extra time prior to the start of the meeting.</P>
        <P>All members of the press who wish to attend and/or record any part of the meeting must register in advance of the meeting by October 23, 2012 by contacting Lorraine Edmo as noted above. In addition to being processed through Security at the Lobby Visitors Desk, all members of the press are required to sign in at meeting registration and must present government-issued photo I.D. (such as a driver's license) as well as valid media credentials. Please allow extra time prior to the start of the meeting for registering.</P>
        <P>The meeting site is accessible to individuals with disabilities. Individuals who require special accommodation in order to attend the meeting should notify Lorraine Edmo no later than October 23, 2012.</P>
        <P>
          <E T="03">Written Comments:</E>Interested parties are invited to submit written comments by October 23, 2012 to Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530 by mail; or by email:<E T="03">Lorraine.edmo@usdoj.gov;</E>or by fax: (202) 307-3911.</P>
        <P>
          <E T="03">Public Comment:</E>Persons interested in participating during the public comment period of the meeting are requested to reserve time on the agenda by contacting Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, by email:<E T="03">Lorraine.edmo@usdoj.gov;</E>or fax: (202) 307-3911 by October 23, 2012. Requests must include the participant's name, organization represented, if appropriate, and a brief description of the subject of the comments. Each participant will be permitted approximately 3 to 5 minutes to present comments, depending on the number of individuals reserving time on the agenda. Participants are also encouraged to submit written copies of their comments at the meeting. Comments that are submitted to Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530 by mail; by email:<E T="03">Lorraine.edmo@usdoj.gov;</E>or fax: (202) 307-3911 before October 23, 2012 will be circulated to Task Force members prior to the meeting.</P>
        <P>Given the expected number of individuals interested in presenting comments at the meeting, reservations should be made as soon as possible. Persons unable to obtain reservations to speak during the meeting are encouraged to submit written comments, which will be accepted at the meeting location or may be mailed to the attention of Lorraine Edmo, Deputy Tribal Director, Office on Violence Against Women, United States Department of Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Bea Hanson,</NAME>
          <TITLE>Acting Director, Office on Violence Against Women.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24984 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-FX-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61786"/>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Antitrust Division</SUBAGY>
        <SUBJECT>Notice Pursuant to the National Cooperative Research and Production Act of 1993—Petroleum Environmental Research Forum</SUBJECT>

        <P>Notice is hereby given that, on September 10, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301<E T="03">et seq.</E>(“the Act”), Petroleum Environmental Research Forum (“PERF”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Trihydro, Laramie, WY, has been added as a party to this venture.</P>
        <P>No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PERF intends to file additional written notifications disclosing all changes in membership.</P>

        <P>On February 10, 1986, PERF filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the<E T="04">Federal Register</E>pursuant to Section 6(b) of the Act on March 14, 1986 (51 FR 8903).</P>

        <P>The last notification was filed with the Department on July 5, 2012. A notice was published in the<E T="04">Federal Register</E>pursuant to Section 6(b) of the Act on September 5, 2012 (77 FR 54612).</P>
        <SIG>
          <NAME>Patricia A. Brink,</NAME>
          <TITLE>Director of Civil Enforcement, Antitrust Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24992 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Antitrust Division</SUBAGY>
        <SUBJECT>Notice Pursuant to the National Cooperative Research and Production Act of 1993—Heterogeneous System Architecture Foundation</SUBJECT>

        <P>Notice is hereby given that, on August 31, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301<E T="03">et seq.</E>(“the Act”), Heterogeneous System Architecture Foundation (“HSA Foundation”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.</P>
        <P>Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: Advanced Micro Devices Inc, Austin, TX; ARM, Ltd., Cambridge, UNITED KINGDOM; Imagination Technologies Group plc, Kings Langley, Hertfordshire, UNITED KINGDOM; MediaTek Inc., Hsinchu City, Taiwan, PEOPLE'S REPUBLIC OF CHINA; and Texas Instruments Inc., Dallas, TX.</P>
        <P>The general area of HSA Foundation's planned activity shall include, but not be limited to, building and promoting the common business interests of the semiconductor industry by encouraging the broad and open industry adoption of the heterogeneous system architecture and stimulating a free exchange of information benefitting the industry.</P>
        <SIG>
          <NAME>Patricia A. Brink,</NAME>
          <TITLE>Director of Civil Enforcement, Antitrust Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24997 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Antitrust Division</SUBAGY>
        <SUBJECT>Notice Pursuant to the National Cooperative Research and Production Act of 1993—ASTM International Standards</SUBJECT>

        <P>Notice is hereby given that, on September 10, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301<E T="03">et seq.</E>(“the Act”), ASTM International (“ASTM”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, ASTM has provided an updated list of current, ongoing ASTM standards activities originating between May to September 2012 designated as Work Items. A complete listing of ASTM Work Items, along with a brief description of each, is available at<E T="03">http://www.astm.org.</E>
        </P>

        <P>On September 15, 2004, ASTM filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the<E T="04">Federal Register</E>pursuant to Section 6(b) of the Act on November 10, 2004 (69 FR 65226).</P>

        <P>The last notification was filed with the Department on May 11, 2012. A notice was published in the<E T="04">Federal Register</E>pursuant to Section 6(b) of the Act on June 8, 2012 (77 FR 34069).</P>
        <SIG>
          <NAME>Patricia A. Brink,</NAME>
          <TITLE>Director of Civil Enforcement, Antitrust Division.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24995 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Agency Information Collection Activities; Submission for OMB Review; Comment Request; Data Sharing Agreement Program</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, “Data Sharing Agreement Program,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site,<E T="03">http://www.reginfo.gov/public/do/PRAMain</E>, on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
          </P>

          <P>Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-BLS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email:<E T="03">OIRA_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>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>
          </P>
          <AUTH>
            <PRTPAGE P="61787"/>
            <HD SOURCE="HED">Authority:</HD>
            <P>44 U.S.C. 3507(a)(1)(D).</P>
          </AUTH>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>An important aspect of the mission of the BLS is to disseminate to the public the maximum amount of information possible; however, not all data are publicly available, because of the importance of maintaining the confidentiality of BLS data. The BLS has opportunities available, on a limited basis, for eligible researchers to access confidential data for purposes of conducting valid statistical analyses that further the mission of the BLS, as permitted by the Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA).</P>
        <P>In order to provide access to confidential data, the BLS must determine that the researcher's project will be exclusively statistical in nature and that the researcher is eligible based on guidelines set out in the CIPSEA, OMB implementation guidance on the CIPSEA, and BLS policy. This information collection provides the vehicle through which the BLS will obtain the necessary details to ensure all researchers and projects comply with appropriate laws and policies. The BLS has made some clarifying revisions to forms in this collection.</P>

        <P>This information collection is subject to the PRA. 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 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 1220-0180. The current approval is scheduled to expire on October 31, 2012; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the<E T="04">Federal Register</E>on May 17, 2012 (77 FR 29367).</P>

        <P>Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the<E T="02">ADDRESSES</E>section within 30 days of publication of this notice in the<E T="04">Federal Register</E>. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1220-0180. The OMB 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>DOL-BLS.</P>
        <P>
          <E T="03">Title of Collection:</E>Data Sharing Agreement Program.</P>
        <P>
          <E T="03">OMB Control Number:</E>1220-0180.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals and Households.</P>
        <P>
          <E T="03">Total Estimated Number of Respondents:</E>172.</P>
        <P>
          <E T="03">Total Estimated Number of Responses:</E>172.</P>
        <P>
          <E T="03">Total Estimated Annual Burden Hours:</E>633.</P>
        <P>
          <E T="03">Total Estimated Annual Other Costs Burden:</E>$0.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24986 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-24-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agreement Approval Process for Use of Functional Affirmative Action Programs</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) proposal titled, “Agreement Approval Process for Use of Functional Affirmative Action Programs,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site,<E T="03">http://www.reginfo.gov/public/do/PRAMain</E>, on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
          </P>

          <P>Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OFCCP, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email:<E T="03">OIRA_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>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>
          </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>44 U.S.C. 3507(a)(1)(D).</P>
          </AUTH>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The regulations implementing Executive Order 11246 permit Federal supply and service contractors to develop affirmative action programs (AAPs) that are based on business functions or business units rather than AAPs based on establishments.<E T="03">See</E>41 FR 60-2.1(d)(4). Functional affirmative action programs (FAAPs) are designed to provide contractors with the option of creating AAPs that better fit their business needs. To develop and implement a FAAP, a Federal contractor must receive written approval from the Director of the OFCCP. This ICR addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows a contractor to develop and use a FAAP.</P>

        <P>This information collection is subject to the PRA. 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 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<PRTPAGE P="61788"/>CFR 1320.5(a) and 1320.6. For additional information, see the related notice published in the<E T="04">Federal Register</E>on May 22, 2012 (77 FR 30327).</P>

        <P>Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the<E T="02">ADDRESSES</E>section within 30 days of publication of this notice in the<E T="04">Federal Register</E>. In order to help ensure appropriate consideration, comments should mention OMB ICR Reference Number 201205-1250-001. The OMB 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>DOL-OFCCP.</P>
        <P>
          <E T="03">Title of Collection:</E>Agreement Approval Process for Use of Functional Affirmative Action Programs.</P>
        <P>
          <E T="03">OMB Control Number:</E>201205-1250-001.</P>
        <P>
          <E T="03">Affected Public:</E>Private Sector—businesses or other for-profits, farms, and not-for-profit institutions.</P>
        <P>
          <E T="03">Total Estimated Number of Respondents:</E>121.</P>
        <P>
          <E T="03">Total Estimated Number of Responses:</E>121.</P>
        <P>
          <E T="03">Total Estimated Annual Burden Hours:</E>926.</P>
        <P>
          <E T="03">Total Estimated Annual Other Costs Burden:</E>$175.</P>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24989 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-45-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Agency Information Collection Activities; Submission for OMB Review; Comment Request; National Medical Support Notice—Part B</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, “National Medical Support Notice—Part B,” to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site,<E T="03">http://www.reginfo.gov/public/do/PRAMain,</E>on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
          </P>

          <P>Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email:<E T="03">OIRA_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>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>
          </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>44 U.S.C. 3507(a)(1)(D).</P>
          </AUTH>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Employee Retirement Income Security Act (ERISA) section 609(a), 29 U.S.C. 1169(a), and regulations 29 CFR 2590.609-2 establish a National Medical Support Notice to provide group health benefits coverage pursuant to Qualified Medical Child Support Orders. Part B,<E T="03">Medical Support Notice to Plan Administrator,</E>is a notice from an employer to a benefits plan administrator to implement coverage of children under ERISA covered group health plans.</P>

        <P>This information collection is subject to the PRA. 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 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 1210-0113. The current approval is scheduled to expire on October 31, 2012; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the<E T="04">Federal Register</E>on June 25, 2012 (77 FR 37920).</P>

        <P>Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the<E T="02">ADDRESSES</E>section within 30 days of publication of this notice in the<E T="04">Federal Register</E>. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1210-0113. The OMB 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>DOL-EBSA.</P>
        <P>
          <E T="03">Title of Collection:</E>National Medical Support Notice—Part B.</P>
        <P>
          <E T="03">OMB Control Number:</E>1210-0113.</P>
        <P>
          <E T="03">Affected Public:</E>Private Sector—businesses or other for-profits.</P>
        <P>
          <E T="03">Total Estimated Number of Respondents:</E>492,000.</P>
        <P>
          <E T="03">Total Estimated Number of Responses:</E>12,400,000.<PRTPAGE P="61789"/>
        </P>
        <P>
          <E T="03">Total Estimated Annual Burden Hours:</E>1,000,000.</P>
        <P>
          <E T="03">Total Estimated Annual Other Costs Burden:</E>$6,800,000.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24993 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-29-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Investment Act Adult and Dislocated Worker Programs Gold Standard Evaluation Follow-Up Surveys, Veterans Study, and Cost Data</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) proposal titled, “Workforce Investment Act Adult and Dislocated Worker Programs Gold Standard Evaluation Follow-Up Surveys, Veterans Study, and Cost Data,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501<E T="03">et seq.</E>).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site,<E T="03">http://www.reginfo.gov/public/do/PRAMain,</E>on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an email to<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
          </P>

          <P>Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email:<E T="03">OIRA_submission@omb.eop.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>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>
          </P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>44 U.S.C. 3507(a)(1)(D).</P>
          </AUTH>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This ICR covers two follow-up surveys conducted 15 and 30 months after randomly assigning a sample of approximately 6,000 Workforce Investment Act (WIA) customers included in the WIA Evaluation into control or treatment groups; cost data collected on three forms—a program costs questionnaire, a staff activity log, and a resource room sign-in sheet—for use in estimating the costs of WIA services received by sample members for the benefit-cost analysis; and collection of veterans data—consisting of qualitative data on veterans served at the 28 Local Workforce Investment Areas (LWIAs) participating in the WIA Evaluation. For the Veterans Supplemental Study (VSS) qualitative analysis, additional questions and several activities will be added to the WIA Evaluation's second round of site visits to the 28 LWIAs. A separate quantitative analysis will use two sets of administrative data that States already report to the DOL-WIA Standardized Record Data and Wagner-Peyser data. Because the data are already reported to the DOL, there is no additional burden associated with this quantitative data collection.</P>

        <P>This information collection is subject to the PRA. 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 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. For additional information, see the related notice published in the<E T="04">Federal Register</E>on June 25, 2012 (77 FR 37923).</P>

        <P>Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the<E T="02">ADDRESSES</E>section within 30 days of publication of this notice in the<E T="04">Federal Register</E>. In order to help ensure appropriate consideration, comments should mention OMB ICR Reference Number 201208-1205-012. The OMB 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>DOL-ETA.</P>
        <P>
          <E T="03">Title of Collection:</E>Workforce Investment Act Adult and Dislocated Worker Programs Gold Standard Evaluation Follow-Up Surveys, Veterans Study, and Cost Data.</P>
        <P>
          <E T="03">OMB ICR Reference Number:</E>201208-1205-012.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or Households and State, Local and Tribal Governments.</P>
        <P>
          <E T="03">Total Estimated Number of Respondents:</E>12,488.</P>
        <P>
          <E T="03">Total Estimated Number of Responses:</E>13,159.</P>
        <P>
          <E T="03">Total Estimated Annual Burden Hours:</E>2,581.</P>
        <P>
          <E T="03">Total Estimated Annual Other Costs Burden:</E>$0.</P>
        <SIG>
          <DATED>Dated: October 2, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25006 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-FN-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Employment and Training Administration</SUBAGY>
        <SUBJECT>Workforce Investment Act of 1998 (WIA); Lower Living Standard Income Level (LLSIL); Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Employment and Training Administration, Labor.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Employment and Training Administration (ETA) published in the<E T="04">Federal Register</E>on Wednesday, March 28, 2012 an announcement of the 2012 LLSIL (Vol. 77, No. 60, page 18865, see<E T="03">http://www.gpo.gov/fdsys/pkg/FR-2012-03-28/pdf/2012-7377.pdf</E>). The announcement included a reassignment of the Virgin Islands (VI) to the South jurisdiction. This correction returns the VI to the Northeast region, and is retroactive to March 28, 2012.<PRTPAGE P="61790"/>
          </P>
          <P>No other corrections are made, and the remainder of the LLSIL tables published on March 28, 2012 remain the same.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This Notice is effective on March 28, 2012.</P>
          <P>
            <E T="03">For Further Information Or Questions On LLSIL:</E>Please contact Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C-44510, Washington, DC 20210; Telephone: 202-693-2870; Fax: 202-693-3015 (these are not toll-free numbers); Email address:<E T="03">wright.samuel.e@dol.gov.</E>Individuals with hearing or speech impairments may access the telephone number above via Text Telephone (TTY/TDD) by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD).</P>
        </DATES>
        <SIG>
          <DATED>Signed at Washington, DC, this 1st day of October, 2012.</DATED>
          <NAME>Jane Oates,</NAME>
          <TITLE>Assistant Secretary for Employment and Training.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25007 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-FT-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
        <SUBJECT>Committee on Equal Opportunities in Science and Engineering (CEOSE); Notice of Meeting</SUBJECT>
        <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name:</E>Committee on Equal Opportunities in Science and Engineering (1173).</P>
          <P>
            <E T="03">Dates/Time:</E>October 30, 2012, 10 a.m.-5:30 p.m.; October 31, 2012, 9 a.m.-12:30 p.m.</P>
          <P>
            <E T="03">Place:</E>National Science Foundation (NSF), 4201 Wilson Boulevard, Arlington, VA 22230.</P>

          <P>To help facilitate your entry into the building, contact the individual listed below. Your request should be received by email (<E T="03">banderso@nsf.gov</E>) on or prior to October 25, 2012.</P>
          <P>
            <E T="03">Type of Meeting:</E>Open.</P>
          <P>
            <E T="03">Contact Person:</E>Dr. Bernice T. Anderson, Senior Advisor and CEOSE Designated Federal Officer, Office of International and Integrative Activities, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Telephone Numbers: (703) 292-5151, (703) 292-8040 email:<E T="03">banderso@nsf.gov.</E>
          </P>
          <P>
            <E T="03">Minutes:</E>Meeting minutes and other information may be obtained from the Senior Advisor and CEOSE Designated Federal Officer at the above address or the Web site at<E T="03">http://www.nsf.gov/od/oia/activities/ceose/index.jsp.</E>
          </P>
          <P>
            <E T="03">Purpose of Meeting:</E>To study data, programs, policies, and other information pertinent to the National Science Foundation and to provide advice and recommendations concerning broadening participation in science and engineering.</P>
          <HD SOURCE="HD1">Agenda</HD>
          <HD SOURCE="HD2">Tuesday, October 30, 2012</HD>
          <HD SOURCE="HD3">Opening Statement by the CEOSE Chair</HD>
          <HD SOURCE="HD3">Presentations and Discussions</HD>
          <P>• Concurrence on the CEOSE Minutes of the June 19-20, 2012 Meeting</P>
          <P>• Presentation of Key Points from the Meeting among the National Science Foundation Director and CEOSE officers</P>
          <P>• A Conversation with Dr. Subra Suresh, Director and Dr. Cora B. Marrett, Deputy Director of the National Science Foundation</P>
          <P>• Reports of CEOSE Liaisons to NSF Advisory Committees</P>
          <P>• Discussion by Federal Agency Liaisons and working group representatives about interagency broadening participation activities</P>
          <P>• Discussion about the 2011-2012 biennial CEOSE report</P>
          <HD SOURCE="HD2">Wednesday, October 31, 2012</HD>
          <HD SOURCE="HD3">Opening Statement by the CEOSE Chair</HD>
          <HD SOURCE="HD3">Presentations, Discussions, and Reports</HD>
          <P>• Broadening Participation Activities of NSF Centers and MRI Program</P>
          <P>• NSF Diversity and Inclusion Strategic Plan</P>
          <P>• Discussion about the biennial report continued</P>
          <P>• Discussion on CEOSE Unfinished Business and New Business</P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 4, 2012.</DATED>
          <NAME>Susanne Bolton,</NAME>
          <TITLE>Committee Management Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24933 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket Nos. 50-275, 50-323; NRC-2012-0234]</DEPDOC>
        <SUBJECT>Pacific Gas and Electric; Diablo Canyon Power Plant, Units 1 and 2; Application for Amendment to Facility Operating License</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>License amendment application; withdrawal.</P>
        </ACT>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Please refer to Docket ID NRC-2012-0234 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 publicly available, using any of the following methods:</P>
          <P>•<E T="03">Federal Rulemaking Web site:</E>Go to<E T="03">http://www.regulations.gov</E>and search for Docket ID NRC-2012-0234. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; email:<E T="03">Carol.Gallagher@nrc.gov</E>.</P>
          <P>•<E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>You may access publicly available documents online in the NRC Library at<E T="03">http://www.nrc.gov/reading-rm/adams.html.</E>To begin the search, select “ADAMS<E T="03">Public Documents</E>” 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 notice (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>Joseph M. Sebrosky, Senior Project Manager, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1132; email:<E T="03">Joseph.Sebrosky@nrc.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>The U.S. Nuclear Regulatory Commission (NRC or the Commission) has granted the request of Pacific Gas and Electric (the licensee) to withdraw its application dated October 24, 2011 (ADAMS Accession No. ML11326A070), as supplemented by letters dated March 30, April 12, April 30, and June 18, 2012 (ADAMS Accession Nos. ML12093A043, ML12104A022, ML12122A012, and ML12171A233, respectively), for a proposed amendment to Facility Operating License Nos. DPR-80 and DPR-82 for the Diablo Canyon Power Plant, Units 1 and 2, located in San Luis Obispo County, California.</P>

        <P>The proposed amendment would have modified the facility Technical Specification 3.3.5, “Loss of Power Diesel Generator Start Instrumentation,” to correct the nonconservative first level undervoltage relays limits contained in Surveillance Requirement 3.3.5.3; revise the Final Safety Analysis Report Update (FSARU) Appendix 6.2D and Sections 6.3, 15.3, and 15.4; revise the loss-of-coolant accident control room operator and offsite dose analysis of record described in the FSARU; and provide a<PRTPAGE P="61791"/>new process for revising input values to this analysis.</P>

        <P>The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the<E T="04">Federal Register</E>on May 15, 2012 (77 FR 28632). However, by letter dated September 27, 2012 (ADAMS Accession No. ML12272A098), the licensee withdrew the proposed change.</P>
        <P>For further details with respect to this action, see the application for amendment dated October 24, 2012, as supplemented by letters dated March 30, April 12, April 30, and June 18, 2012, and the licensee's letter dated September 27, 2012, which withdrew the application for license amendment.</P>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 3rd day of October, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Joseph M. Sebrosky,</NAME>
          <TITLE>Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24996 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Advisory Committee On Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee On US-APWR; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on US-APWR will hold a meeting on October 18-19, 2012, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is propriety pursuant to 5 U.S.C. 552(c)(4). The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Thursday, October 18, 2012—8:30 a.m. Until 5 p.m.; Friday, October 19, 2012—8:30 a.m. Until 12 p.m.</HD>
        <P>The Subcommittee will review Chapter 4, “Reactor,” of the Safety Evaluation Reports associated with the US-APWR design certification and the Comanche Peak Combined License Application (COLA). They will also review the following Topical Reports: MUAP-07008-P, “Mitsubishi Fuel Design Criteria and Methodology” and MUAP-7010-P, “Non-LOCA Methodology,” The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, Luminant Generation Company, LLC, Mitsubishi Heavy Industries (MHI), and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.</P>

        <P>Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Girija Shukla (Telephone 301-415-6855 or email:<E T="03">Girija.Shukla@nrc.gov</E>) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the<E T="04">Federal Register</E>on October 17, 2011, (76 FR 64126-64127).</P>

        <P>Detailed meeting agendas and meeting transcripts are available on the NRC Web site at<E T="03">http://www.nrc.gov/reading-rm/doc-collections/acrs</E>. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience.</P>
        <P>If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-25003 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">OFFICE OF PERSONNEL MANAGEMENT</AGENCY>
        <SUBJECT>System of Records; Presidential Management Fellows Program</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Office of Personnel Management (OPM).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of amendment to system of records.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>OPM has amended an existing system of records subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the<E T="04">Federal Register</E>notice of the existence and character of system of records maintained by the agency (5 U.S.C. 552a(e)(4)). One category of information is no longer necessary to collect, and two categories of information are being added to the systems notice. In addition, Presidential Management Fellows Program data formerly collected by the Office of Personnel Management Human Resource Solutions will now be collected by a contractor. A routine use was added to permit releases from the system to OPM or other government contractors who need access to the system.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The amendments to the systems notice will become effective 40 days after the date of publication in the<E T="04">Federal Register</E>unless comments are received that result in further changes to the notice. The system has been operational for 14 years. Comments will be accepted until November 20, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Written comments must be sent to the U.S. Office of Personnel Management, Presidential Management Fellows Program, ATTN: Juanita Wheeler (OPM\Central-11), 1900 E Street NW., Room 6500, Washington, DC 20415 or email<E T="03">PMF@opm.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Todd Hewell, (202) 606-1040, fax (202) 606-3040, or email to<E T="03">pmf@opm.gov.</E>Please include your complete mailing address with your request.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This notice serves to update and amend collection and maintenance of OPM\Central-11 (Presidential Management Fellows Program) as a result of new program regulations as well as a change from a government-operated Talent Acquisition System (TAS) to a contractor operated system. The PMF Program authority changed with Executive Order 13562, Recruiting and Hiring Students and Recent Graduates (Presidential Management Fellows Program), signed by President Barack Obama on December 27, 2010. Changes to data collection listed within<PRTPAGE P="61792"/>the categories of records for this system include the following: (1) Elimination of nominations by accredited educational institutions (hence, the elimination of Nominee status for applicants); (2) the added collection of academic transcripts for verification of eligibility; and (3) the collection of Applicant Flow Data in the TAS in accordance with the approved Office of Management and Budget Approval #3046-0046. As part of its effort to revamp the PMF Program, the program office sought to improve the applicant experience and improve the data collection systems by contracting with a private talent acquisition system provider. Pursuant to the contract with OPM, that provider is required to comply with any applicable requirements of the Privacy Act.</P>
        <P>In addition, pursuant to the terms of the contract, each contract employee who has access to the PMF system is required to undergo an adjudication of their fitness to have access to work of this nature and to assess their fitness to perform this work, based upon an appropriate background investigation. Beginning in November 2012, data for the Class of 2013 will be collected by the contractor. During the initial six months of operation, the existing OPM Human Resource Services (HRS) operated system in Macon, GA will continue to function in parallel with the new system and will remain the system of record for 2012 and prior Presidential Management Fellows. By March 2013, all data contained in the HRS system in Macon will be migrated to the contractor. A routine use has been added to this systems notice to permit release of records to contractors working on the system pursuant to a contract with OPM or the Federal government.</P>
        <SIG>
          <FP>U.S. Office of Personnel Management.</FP>
          <NAME>John Berry,</NAME>
          <TITLE>Director.</TITLE>
        </SIG>
        <PRIACT>
          <HD SOURCE="HD1">OPM\CENTRAL-11</HD>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
          <P>Presidential Management Fellows (PMF) Program Records.</P>
          <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
          <P>Presidential Management Fellows Program Office, U.S. Office of Personnel Management, 1900 E Street NW., Room 6500, Washington, DC 20415. Electronic records will be stored at contractor facilities located in Ashburn, VA (Primary site) and McLean, VA (Alternate site).</P>
          <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
          <P>This system contains records on current and former PMFs; students pursuing or recently completing an advanced degrees, such as a masters or professional degree; as well as contact information for Program stakeholders (e.g., Agency PMF Coordinators, supervisors of PMFs).</P>
          <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
          <P>These records contain information about the covered individuals relating to name, Social Security Number, academic background, home address, telephone numbers, email addresses, employment history, veterans' preference, academic transcripts and other personal information needed during the application, assessment, and selection processes, and as needed for training and development opportunities impacting PMFs and participating agencies. The system will also contain applicant flow data collected in accordance with the Office of Management and Budget Approval #3046-0046. This system will contain confidential evaluation information and assessment scores not available to the public, to applicants, to academic institutions, and to participating Federal Agencies.</P>
          <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
          <P>Executive Order 13562, signed by President Barack Obama on December 27, 2010.</P>
          <HD SOURCE="HD2">PURPOSE(S):</HD>
          <P>These records are used by program personnel for the following reasons:</P>
          <P>a. To determine basic program eligibility and to evaluate applicants in a structured assessment process conducted by OPM.</P>
          <P>b. To group the interested individuals into various categories (e.g., Candidates, Applicants, Eligibles, Ineligibles, Semi-Finalists, Finalists, Non-Selectees, Fellows, Former Fellows, and Alumni) and make a final determination as to those applicants who will be referred (as Finalists to become Fellows) to participating Federal Agencies for employment consideration.</P>
          <P>c. For program evaluation functions to determine the effectiveness of the program and to improve program operations.</P>
          <P>d. To facilitate interaction and communication between PMF Program participants and alumni.</P>
          <P>e. To track PMF appointments, certifications, conversions, reappointments, withdrawals, resignations, extensions, and waivers.</P>
          <P>f. To track agency reimbursements for PMF appointments.</P>
          <P>g. To schedule and track PMF participation in Program-sponsored training and development events (e.g., orientation, forums, graduation).</P>
          <P>h. To track contact information of Applicants (at all stages), Agency PMF Coordinators, PMF supervisors, Pathways Program Officers, and other relevant stakeholders.</P>
          <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
          <P>These records and information in these records may be used:</P>
          <P>1. To refer pertinent information to the appropriate Federal, State or local agency responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation or order when there is an indication of a violation or potential violation of civil or criminal law or regulation.</P>
          <P>2. To provide information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual.</P>
          <P>3. To disclose information to another Federal Agency, a Court, or a party in litigation before a court or in an administrative proceeding being conducted by a Federal Agency, when the Government is a party to the judicial or administrative proceeding. In those cases where the Government is not a party to the proceeding, records may be disclosed if a subpoena has been signed by a judge.</P>
          <P>4. To disclose information to the U.S. Department of Justice or in a proceeding before a court, adjudicative body or other administrative body before which OPM is authorized to appear, when:</P>
          <P>a. OPM, or any component thereof; or</P>
          <P>b. Any employee of OPM in his or her official capacity; or</P>
          <P>c. Any employee of OPM in his or her individual capacity where the Department of Justice or OPM has agreed to represent the employee; or</P>
          <P>d. The United States, when OPM determines that litigation is likely to affect OPM or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or OPM is deemed by OPM to be relevant and necessary to the litigation provided, however, that the disclosure is compatible with the purpose for which records were collected.</P>

          <P>5. To disclose information to officials of the Merit Systems Protection Board or the Office of the Special Counsel, when requested in connection with appeals, special studies of the civil service and other merit systems, review of OPM rules and regulations, investigations of alleged or possible prohibited personnel practices, and such other functions, e.g., as prescribed in 5 U.S.C. 1205 and 1206, or as may be authorized by law.<PRTPAGE P="61793"/>
          </P>
          <P>6. To disclose information to the Equal Employment Opportunity Commission, when requested, in connection with investigations into alleged or possible discrimination practices in the Federal sector, examination of Federal affirmative employment programs, compliance by Federal Agencies with the Uniform Guidelines on Employee Selection Procedures, or other functions vested in the Commission.</P>
          <P>7. To disclose information to the Federal Labor Relations Authority or its General Counsel, when requested, in connection with investigations of allegations of unfair labor practices or matters before the Federal Service Impasses Panel.</P>
          <P>8. To refer candidates to Federal Agencies for employment consideration.</P>
          <P>9. To refer candidates to State and local governments, congressional offices, international organizations, and other public offices, with permission of the candidates, for the purpose of employment consideration and developmental opportunities.</P>
          <P>10. To refer Fellows for consideration for reassignment, reappointment, and/or promotion within the employing Federal Agencies.</P>
          <P>11. As a data source for management information of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel research functions or manpower studies, or to locate individuals for personnel research.</P>
          <P>12. To request information from a Federal, State, or local agency maintaining civil, criminal or other information relevant to an agency decision concerning the hiring or retention of a candidate.</P>
          <P>13. To provide an academic institution with information on a recent graduate's participation in the PMF Program, covering application, selection and appointment to a Federal position at a certain grade level, and graduation (completion of the PMF Program).</P>
          <P>14. To disclose information to contractors performing or working on a contract on behalf of OPM, or job for the Federal Government.</P>
          <HD SOURCE="HD2">POLICIES AND PRACTICES OF STORING, RETRIEVING, SAFEGUARDING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM:</HD>
          <HD SOURCE="HD2">STORAGE:</HD>
          <P>All data stored within the contractor hosting and backup facilities is encrypted utilizing data at rest encryption technologies. A complete data backup is stored on a weekly basis and is then replicated to a physically separate datacenter location and kept for the duration of the retention period.</P>
          <P>Paper copies of the scoring for the in-person assessments are maintained in lockable metal file cabinets or in a secured office suite at OPM Headquarters, 1900 E Street NW., Washington, DC and in computerized systems accessible to only those program staff whose official duties necessitate such access. Up until electronic records are migrated to the contractor system, OPM computerized systems adhere to current information technology and security policies and requirements and include confidential passwords for access to these automated records.</P>
          <HD SOURCE="HD2">RETRIEVABILITY:</HD>
          <P>These records are indexed by name of applicants, maiden name (if applicable), graduate schools, State of residence, Social Security Number, professional/graduate/undergraduate degree, veterans' preference, status in PMF Program (e.g., Candidate, Applicant, Eligible, Ineligible, Semi-Finalist, Finalist, Non-Selectee, Fellow, Former Fellow, and Alumni), citizenship, foreign language(s), geographic employment preference(s), skill sets/competencies, and any combination of these.</P>
          <HD SOURCE="HD2">SAFEGUARDS:</HD>
          <P>Proper safeguards are in place within both the primary and alternate hosting facilities. Each facility leverages security equipment, techniques, and procedures to control, monitor, and record access to the facility, including customer cage areas. Data centers are staffed at all times, i.e., even during the night, on weekends, and on holidays. All perimeter doors have biometric with card access readers. Each door is also equipped with sensors to alert security staff of forced entries and is monitored by closed-circuit television. Records are maintained in a secured space and in computerized systems accessible to only those program staff whose official duties necessitate such access. Confidential passwords are required for access to these automated records. Computerized systems adhere to current information technology and security policies and requirements. All contractor personnel with a need to access data records in this system will undergo a background security investigation prior to being granted access. All of that provider's officials having access to the PMF system will undergo an adjudication, pursuant to the terms of the contract, of their fitness to have access to work of this nature and to assess their fitness to perform this work, based upon an appropriate background investigation. In addition, contractor personnel are required by the terms of the contract to adhere to relevant provisions of the Privacy Act.</P>
          <HD SOURCE="HD2">RETENTION AND DISPOSAL:</HD>
          <P>Application files are maintained for a maximum of three (3) years; the automated data base of PMF participant information will be destroyed when no longer needed for administrative purposes.</P>
          <P>The PMF Program Office maintains a database system tracking all applicant history and program status from 1997 to the present. All hardcopies are maintained in lockable filing cabinets and are archived in accordance with OPM's Records Management Handbook and records retention schedules.</P>
          <HD SOURCE="HD2">Media Sanitization and Disposal</HD>
          <P>The contractor has adopted and implemented policies and procedures to address removal of confidential information including protected data from electronic media before the media are made available for re-use, and final disposition of confidential information including protected data and/or the hardware or media on which it is stored. Destruction is done on-site through specialized services.</P>
          <HD SOURCE="HD2">SYSTEM MANAGER(S) AND ADDRESS:</HD>

          <P>Presidential Management Fellows Program Office, Attn: Rob Timmins, U.S. Office of Personnel Management, 1900 E Street NW., Room 6500, Washington, DC 20415, Office (202) 606-1040, Fax (202) 606-3040, Email<E T="03">pmf@opm.gov</E>.</P>
          <HD SOURCE="HD2">NOTIFICATION PROCEDURE:</HD>
          <P>Individuals wishing to inquire whether this system contains information about them should contact the system manager. You must furnish the following information for your records to be located and identified:</P>
          <P>a. Full Name at Time of Application</P>
          <P>b. Maiden Name (if applicable)</P>
          <P>c. Home Address referenced at Time of Application</P>
          <P>d. Advanced Academic Degree referenced at Time of Application</P>
          <P>e. Year Applied to Program</P>
          <HD SOURCE="HD2">RECORD ACCESS PROCEDURE:</HD>
          <P>Specific materials in this system have been exempted from Privacy Act provisions at 5 U.S.C. 552a(d), regarding access to and amendment of records. The section of the notice, titled Systems Exempted from Certain Provisions of the Act, indicates the kinds of materials exempted and the reasons for exempting them from access.</P>

          <P>Current or former applicants who wish to gain access to their non-exempt<PRTPAGE P="61794"/>records should direct such a request in writing to the system manager. You must furnish the following information for your records to be located and identified.</P>
          <P>a. Full Name at Time of Application</P>
          <P>b. Maiden Name (if applicable)</P>
          <P>c. Home Address referenced at Time of Application</P>
          <P>d. Advanced Academic Degree referenced at Time of Application</P>
          <P>e. Year Applied to Program</P>
          <P>Individuals must also comply with OPM's Privacy Act regulations regarding verification of identity and access to records (5 CFR 297).</P>
          <HD SOURCE="HD2">CONTESTING RECORD PROCEDURE:</HD>
          <P>Specific material in this system has been exempted from Privacy act provisions at 5 U.S.C. 552a(d), regarding access to and amendment of records. The section of the notice titled Systems Exempted from Certain Provisions of the Act, indicates the kinds of materials exempted and the reasons for exempting them from amendment.</P>
          <P>Current or applicants wishing to request amendment of their non-exempt records should contact the OPM PMF system manager. You must furnish the following information for your records to be located and identified:</P>
          <P>a. Full Name at Time of Application</P>
          <P>b. Maiden Name (if applicable)</P>
          <P>c. Home Address referenced at Time of Application</P>
          <P>d. Advanced Academic Degree referenced at Time of Application</P>
          <P>e. Year Applied to Program</P>
          <P>Individuals must also comply with OPM's Privacy Act regulations regarding verification of identity and amendment of records (5 CFR 297).</P>
          <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
          <P>Information in this system of records is obtained from:</P>
          <P>a. The individual to whom it applies;</P>
          <P>b. Colleges and Universities;</P>
          <P>c. Federal officials involved in the screening and selection process;</P>
          <P>d. Employing Federal Agencies.</P>
          <HD SOURCE="HD2">SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:</HD>
          <P>This system contains testing and examination materials that are used solely to determine individual qualifications for appointment or promotion in the Federal service. The Privacy Act at 5 U.S.C. 552a(k)(6), permits an agency to exempt all such testing or examination material and information from certain provisions of the Act when disclosure of the material would compromise the objectivity or fairness of the testing or examination process. OPM has claimed exemptions from the requirements of 5 U.S.C. 552a(d), which relate to access to and amendment of records, for any such testing or examination materials in the system.</P>
        </PRIACT>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25030 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6325-39-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67976; File No. SR-Phlx-2012-105]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Regarding Treasury Securities Options</SUBJECT>
        <DATE>October 4, 2012.</DATE>
        <HD SOURCE="HD1">I. Introduction</HD>
        <P>On August 7, 2012, NASDAQ OMX PHLX LLC (“Exchange” or “Phlx”) 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 new rules in the Exchange's 1000D Series to permit the listing and trading of options on Treasury securities. The proposed rule change was published for comment in the<E T="04">Federal Register</E>on August 23, 2012.<SU>3</SU>
          <FTREF/>On September 25, 2012, the Exchange filed Amendment No. 1 to the proposed rule change.<SU>4</SU>
          <FTREF/>The Commission received no comments on the proposal. This order approves the proposed rule change, as modified by Amendment No. 1 thereto.</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. 67683 (August 17, 2012), 77 FR 51088 (August 23, 2012) (“Notice”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>In Amendment No. 1, the Exchange proposed minor wording changes to substitute the phrase “options listing timeframe” for the certain other phrases throughout the rule text and Exhibit 1. Amendment No. 1 is technical in nature, and therefore the Commission is not publishing Amendment No. 1 for public comment.</P>
        </FTNT>
        <HD SOURCE="HD1">II. Description of the Proposal</HD>
        <P>The Exchange proposes to adopt rules that would, in conjunction with current applicable Exchange rules and procedures, permit the listing and trading of options on Treasury securities.<SU>5</SU>
          <FTREF/>The Exchange intends to list and trade standardized options on two specific types of marketable on-the-run Treasury securities: notes and bonds. Treasury securities options will be designated by reference to the issuer of the underlying Treasury security, principal amount, expiration month (and year for the longest term option series), exercise price, type (put or call), stated rate of interest, and stated date of maturity or nominal term to maturity.</P>
        <FTNT>
          <P>

            <SU>5</SU>Subsection (a)(1) of proposed Rule 1001D defines the term “Treasury security” as a bond or note or other evidence of indebtedness that is a direct obligation of, or an obligation guaranteed as to principal or interest by, the United States or a corporation in which the United States has a direct or indirect interest (except debt securities guaranteed as to timely payment of principal and interest by the Government National Mortgage Association). Securities issued or guaranteed by individual departments or agencies of the United States are sometimes referred to by the title of the department or agency involved (<E T="03">e.g.,</E>a “Treasury security” is a debt instrument that is issued by the U.S. Treasury).</P>
        </FTNT>
        <P>
          <E T="03">Pricing and Transparency.</E>Treasury securities are initially sold in a scheduled auction process and thereafter trade in a secondary market. The Exchange asserts that the prices of Treasury securities are widely disseminated, active, and visible to traders and investors. In addition, the Exchange represents that it intends to obtain real-time Treasury prices from a market data provider so that it can use these data in support of the Exchange's market, regulatory, and surveillance operations, as well as for opening and determining settlement values for Treasury options. The Exchange has represented that, 30 days prior to the start of trading Treasury security options, it will make an announcement, via an Options Trader Alert, to its member organizations regarding the details of the proposed real-time Treasury price offering. The Exchange has represented that, on the basis of the real-time Treasury data that the Exchange is able to get, it may offer an alternative Treasury data feed to Exchange members that may desire to acquire such data from the Exchange.</P>
        <P>The Exchange would list options only on on-the-run Treasury securities. The Exchange believes that these securities are extremely liquid and afford excellent price discovery because on-the-run (as opposed to off-the-run) Treasury securities are the most recently issued U.S. Treasury bonds or notes and are the most frequently traded securities of a maturity. Further, the Exchange notes that on-the-run Treasury securities are readily quoted and offered by numerous public sources and broker-dealers, and that prices are also available from exchanges that trade derivatives on Treasuries.</P>
        <P>
          <E T="03">Trading Rules.</E>Treasury securities options will trade on the Exchange's electronic options platform, Phlx XL,<SU>6</SU>
          <FTREF/>and settle like equity options on the<PRTPAGE P="61795"/>Exchange. Exchange rules applicable to equity options trading generally will be applicable to Treasury securities options unless a specific rule in the 1000D Series is to the contrary or supplements an existing rule. Trading hours will correspond to the hours during which equity options are normally traded on the Exchange, which currently are 9:30 a.m. to 4 p.m. ET.</P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32) (order approving Phlx XL II).</P>
        </FTNT>
        <P>
          <E T="03">Terms and Criteria for Listing and Trading.</E>Treasury securities may be initially approved by the Exchange as underlying securities for Exchange transactions in specific CUSIP options, subject to requirements as to size of original issuance (the original public sale of an underlying Treasury security must be at least $1 billion in principle), aggregate principal amount outstanding, and years to maturity. Additionally, approval will extend only to the settled, on-the-run Treasury securities.<SU>7</SU>
          <FTREF/>The Exchange will not approve a subsequent on-the-run Treasury security until after the expiration of all the options that are listed pursuant to this described options listing timeframe.</P>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See</E>Phlx Rule 1006D. The proposal is designed to ensure that a Treasury security is eligible for underlying options only during its most liquid on-the run period. Options on a newly settled (subsequent) on-the-run Treasury security can be listed only after all the options that are listed pursuant to the preceding options listing timeframe expire. This minimizes or negates overlap and proliferation of Treasury options. An on-the run Treasury security in the options listing timeframe becomes off-the-run when there is a subsequent auction for the Treasury security and as a result the newly settled security becomes on-the-run. The Exchange will not list options on the subsequent on-the-run Treasury security until all options listed within the options listing timeframe on the immediately preceding on-the-run Treasury security (which has become off-the-run) expire.</P>
        </FTNT>
        <P>The expiration month and exercise price of each series will be determined by the Exchange at the time that the series is first opened for trading. The Exchange will open a minimum of one expiration month and series for each class of options. The Exchange may open and add Treasury options in one or all of the months in the options listing timeframe. Treasury security options opened for trading on the Exchange will expire on a monthly basis.</P>
        <P>
          <E T="03">Minimum Price Variation.</E>Treasury securities options will have a minimum increment of $0.01.<SU>8</SU>
          <FTREF/>The Exchange asserts that the proposed $0.01 increment is appropriate for Treasury securities options to allow traders to make the most effective use of the product for hedging purposes. The Exchange also represents that the proposed $0.01 increments will not cause any capacity problems.</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>Phlx Rule 1013D.</P>
        </FTNT>
        <P>
          <E T="03">Series Open for Trading.</E>The Exchange proposes that the exercise price of each series of Treasury security options will be fixed at a price denominated in $0.50 increments. The exercise price will be reasonably close to, and no more than 20% away from, the price at which the underlying security is traded in the primary market at the time the series of options is first opened for trading.</P>
        <P>
          <E T="03">Settlement.</E>Treasury securities options will be physically settled, European-style options that may be exercised only on the day that they expire. Trading in Treasury securities options ordinarily will cease on the business day (usually a Friday) preceding the expiration date. The expiration date will be the Saturday immediately following the third Friday of the expiration month. The settlement process for Treasury securities options will be the same as the settlement process for equity options under current Exchange rules (<E T="03">e.g.,</E>Phlx Rule 1044). Payment of the aggregate exercise price must be accompanied by payment of accrued interest on the underlying Treasury security.</P>
        <P>Additional information relating to options on Treasury securities—including definitions, listing standards, expiration, exercise, settlement, margin rules, positions limits, doing business with the public, and surveillance—can be found in the Notice.</P>
        <HD SOURCE="HD1">III. Discussion and Commission Findings</HD>
        <P>After careful review, the Commission finds that the proposed rule change, as modified by Amendment No. 1, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.<SU>9</SU>
          <FTREF/>In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act,<SU>10</SU>
          <FTREF/>which requires that the rules of an exchange be designed, among other things, to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission believes that the proposal appropriately balances, on the one hand, the Exchange's desire to offer a new product to investors with, on the other hand, the necessity of having appropriate rules for listing, trading and margin, among other considerations relevant under the Act. The Commission notes that it has previously approved similar rules permitting other options exchanges to list and trade options on Treasury securities.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>9</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>10</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>Chicago Board Options Exchange (“CBOE”) rules 21.1-21.31.<E T="03">See also</E>Securities Exchange Act Release No. 18371 (December 23, 1981), 46 FR 63423 (December 31, 1981) (approving SR-Amex-81-1 and SR-CBOE-81-27).</P>
        </FTNT>
        <HD SOURCE="HD1">IV. Conclusion</HD>
        <P>
          <E T="03">It is therefore ordered,</E>pursuant to Section 19(b)(2) of the Act,<SU>12</SU>
          <FTREF/>that the proposed rule change (SR-Phlx-2012-105), as modified by Amendment No. 1 thereto, be, and it hereby is, approved.</P>
        <FTNT>
          <P>
            <SU>12</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>13</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>13</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. 2012-24955 Filed 10-10-12; 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. 34-67987; File No. SR-NYSEARCA-2012-110]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Amend the Fees Charged for Routing Orders to the New York Stock Exchange LLC</SUBJECT>
        <DATE>October 4, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1)<SU>1</SU>
          <FTREF/>of the Securities Exchange Act of 1934 (the “Act”)<SU>2</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>3</SU>
          <FTREF/>notice is hereby given that, on September 28, 2012, NYSE Arca, Inc. (the “Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (the “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>15 U.S.C. 78a.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>17 CFR 240.19b-4.</P>
        </FTNT>
        <PRTPAGE P="61796"/>
        <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 amend the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services (“Fee Schedule”) to modify the fees that it charges for routing orders to the New York Stock Exchange LLC (“NYSE”). The text of the proposed rule change is available on the Exchange's Web site at<E T="03">www.nyse.com,</E>at the principal office of the Exchange, and at the Commission's Public Reference Room.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Exchange proposes to amend the Fee Schedule to modify the fees that it charges for routing orders to the NYSE. The Exchange proposes to implement the fee changes on October 1, 2012.<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>4</SU>The Exchange filed a separate fee filing, which the Exchange proposes to implement on October 1, 2012.<E T="03">See</E>SR-NYSEArca-2012-104 (Sept. 24, 2012).</P>
        </FTNT>
        <P>The NYSE has proposed modifications to its transaction fee structures, including changes to the rates for taking liquidity, to become effective on October 1, 2012.<SU>5</SU>
          <FTREF/>The Exchange's current fees for routing orders in securities with a per share price of $1.00 or more to the NYSE are closely related to the NYSE's fees for taking liquidity in such securities, and the Exchange is proposing an adjustment to its routing fees to maintain the existing relationship to the new fees in place at the NYSE.</P>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>SR-NYSE-2012-50 (Sept. 26, 2012) (the “NYSE Fee Filing”).</P>
        </FTNT>
        <P>Currently, the NYSE charges a transaction fee for certain transactions in securities with a per share price of $1.00 or more based on the characteristics of the transaction, including order type.<SU>6</SU>
          <FTREF/>Among other changes, the NYSE Fee Filing proposed to increase the charge for transactions that do not have a specified per share charge based on their characteristics (“all other” transactions). The NYSE Fee Filing proposed to increase the per share charge for all other non-floor broker transactions (i.e., when taking liquidity from the Exchange) from $0.0023 to $0.0025 per transaction.</P>
        <FTNT>
          <P>
            <SU>6</SU>For example, the NYSE charges $0.0005 per share (subject to a monthly cap) for at the opening or at the opening only orders, $0.0055 per share per transaction for all market at-the-close (“MOC”) and limit at-the-close (“LOC”) orders from any member organization executing an average daily volume of MOC/LOC activity on the NYSE in that month of at least 14 million shares, and $0.0095 per share per transaction for all other MOC and LOC orders.</P>
        </FTNT>
        <P>Currently, for NYSE Arca Tier 1, Tier 2, Tier 3, Step Up Tier 1, and Step Up Tier 2 customers, the fee for routing orders in Tape A securities to the NYSE outside the book is equal to the NYSE fee of $0.0023 per share for all other non-floor broker transactions in securities with a per share price of $1.00 or more, and the fee for routing such orders to the NYSE for non-tier (i.e., Basic Rate) customers is $0.0025 per share.<SU>7</SU>
          <FTREF/>Consequently, the Exchange is proposing to increase each of those fees by $0.0002 to $0.0025 per share and $0.0027 per share, respectively, consistent with the $0.0002 increase in the NYSE fee for all other non-floor broker transactions.</P>
        <FTNT>
          <P>
            <SU>7</SU>The other tiers in the Fee Schedule (e.g., the Tape B and C Step Up Tiers, Investor Tiers, Cross-Asset Tier and Retail Order Tier) do not specify a fee for routing orders in Tape A securities to the NYSE outside the book. However, such tiers provide that if a fee (or credit) is not included in the tier, the relevant tiered or Basic Rate applies based on a firm's qualifying levels. Accordingly, for orders in Tape A securities routed to the NYSE outside the book, ETP Holders and Market Makers that qualify for another tier would default to the Tier 1, Tier 2, Tier 3, Step Up Tier 1, Step Up Tier 2 or Basic Rate that applied to them based on their qualifying levels.</P>
        </FTNT>
        <P>In addition, the Exchange currently charges $0.0021 per share for Primary Sweep Orders<SU>8</SU>
          <FTREF/>in Tape A securities that are routed outside the book to the NYSE that remove liquidity from the NYSE.<SU>9</SU>
          <FTREF/>In order to maintain the existing relationship to the other Exchange routing fees that are being adjusted upward, the Exchange is also proposing to increase this fee by $0.0002, to $0.0023 per share.</P>
        <FTNT>
          <P>

            <SU>8</SU>A Primary Sweep Order is a Primary Only (“PO”) Order (i.e., a market or limit order that is to be routed to the primary market) that first sweeps the NYSE Arca book.<E T="03">See</E>NYSE Arca Equities Rules 7.31(x) and (kk).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>9</SU>This charge is included in the provisions for Tier 1, Tier 2, and the Basic Rate. The other tiers in the Fee Schedule do not specify a fee for Primary Sweep Orders in Tape A securities that are routed outside the book to the NYSE that remove liquidity from the NYSE. Accordingly, for such orders ETP Holders and Market Makers that qualify for another tier would default to the Tier 1, Tier 2 or Basic Rate that applied to them based on their qualifying levels.<E T="03">See</E>note 7,<E T="03">supra.</E>
          </P>
        </FTNT>
        <P>Finally, for Primary Only Plus (“PO+”) orders,<SU>10</SU>
          <FTREF/>the current Exchange fee for orders routed to the NYSE that remove liquidity from the NYSE is $0.0023 per share, which is equal to the current NYSE fee for all other non-floor broker transactions in securities with a per share price of $1.00 or more.<SU>11</SU>
          <FTREF/>Consequently, the Exchange is proposing to increase its fees for routing PO+ orders to the NYSE that remove liquidity by the same amount ($0.0002) as the increase in the corresponding NYSE fees. The proposed new fee for PO+ orders routed to the NYSE that remove liquidity is $0.0025 per share. This change would maintain the current relationship with the NYSE rates.</P>
        <FTNT>
          <P>

            <SU>10</SU>A PO+ Order is a PO Order that is entered for participation in the primary market, other than for participation in the primary market opening or primary market re-opening.<E T="03">See</E>NYSE Arca Equities Rule 7.31(x)(3).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>11</SU>This charge is included in the provisions for Tier 1, Tier 2, and the Basic Rate. The other tiers in the Fee Schedule do not specify a fee for PO+ orders routed outside the book to the NYSE that remove liquidity. Accordingly, for such orders ETP Holders and Market Makers that qualify for another tier would default to the Tier 1, Tier 2 or Basic Rate that applied to them based on their qualifying levels.<E T="03">See</E>note 7,<E T="03">supra.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the “Act”),<SU>12</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4) of the Act,<SU>13</SU>
          <FTREF/>in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.</P>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>

        <P>The Exchange believes that the proposed changes are reasonable because the Exchange's fees for routing orders to the NYSE are closely related to the NYSE's fees for its members for taking liquidity, and the fee increases are consistent with the changes proposed by the NYSE to increase its fees for taking liquidity. The proposed changes will result in maintaining the existing relationship between the two sets of fees. In addition, the Exchange believes that the proposed rule change is reasonable, equitable, and not unfairly discriminatory because it would result in an increase in the per share fee for orders, Primary Sweep Orders, and PO+ Orders routed to the NYSE, thereby aligning the rate that the<PRTPAGE P="61797"/>Exchange charges to ETP Holders with the rate that the Exchange is charged by the NYSE. Accordingly, the Exchange is proposing this increase so that the rate it charges to ETP Holders reflects the rate that the Exchange is charged by the NYSE. In addition, the proposed changes are equitable and not unfairly discriminatory because the fee increases apply uniformly across pricing tiers and all similarly situated ETP Holders would be subject to the same fee structure.</P>
        <P>The Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and credits to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed rule change reflects this competitive environment.</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 that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>No written comments were solicited or received with respect to the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A)<SU>14</SU>
          <FTREF/>of the Act and subparagraph (f)(2) of Rule 19b-4<SU>15</SU>
          <FTREF/>thereunder, because it establishes a due, fee, or other charge imposed by the NYSE Arca.</P>
        <FTNT>
          <P>
            <SU>14</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>15</SU>17 CFR 240.19b-4(f)(2).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File Number SR-NYSEArca-2012-110 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 Number SR-NYSEArca-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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2012-110 and should be submitted on or before November 1, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>16</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>16</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. 2012-24970 Filed 10-10-12; 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. 34-67981; File No. SR-EDGX-2012-45]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the EDGX Exchange, Inc. Fee Schedule</SUBJECT>
        <DATE>October 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 October 1, 2012 the EDGX Exchange, Inc. (the “Exchange” or “EDGX”) 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>The Exchange proposes to amend its fees and rebates applicable to Members<SU>3</SU>

          <FTREF/>of the Exchange pursuant to EDGX Rule 15.1(a) and (c). Text of the proposed rule change is attached as Exhibit 5 at<E T="03">http://www.directedge.com/Regulation/ExchangeRuleFilings/EDGX.aspx.</E>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>As defined in Exchange Rule 1.5(n).</P>
        </FTNT>
        <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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in sections A, B and C below, of the most significant aspects of such statements.<PRTPAGE P="61798"/>
        </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>Currently, Footnote 12 to the Exchange's fee schedule states that a removal rate of $0.0029 per share applies where a Market Participant Identifier's (“MPID”) add liquidity ratio is equal to or greater than 10%. The add liquidity ratio is defined as “added” flags/(“added” flags + “removal” flags) × 100, where added flags are defined as Flags B, HA, V, Y, MM, RP, 3, or 4 and removal flags are defined as Flags BB, MT, N, W, PI, PR, or 6. Where a Member does not meet the add liquidity ratio of at least 10%, then the Exchange will charge the default removal rate of $0.0030 per share, where “default” refers to the standard rates assessed by the Exchange to Members for orders that remove liquidity absent Members qualifying for additional volume tiered pricing.<SU>4</SU>
          <FTREF/>The Exchange proposes to delete Footnote 12 in its entirety and any references thereto.</P>
        <FTNT>
          <P>
            <SU>4</SU>The Exchange notes that Members may qualify for a removal rate of $0.0029 per share for Flags N, W, 6, BB and PI where they satisfy the volume tier requirements for the Mega Tier in Footnote 1.</P>
        </FTNT>
        <P>Currently, the Exchange's fee schedule displays a discounted removal rate of $0.0029 per share as the rate for removing liquidity and the rate for Flags N, W, 6, BB, and PI subject to the volume thresholds in Footnotes 1 and 12.<SU>5</SU>
          <FTREF/>Because the Exchange proposed to delete Footnote 12 in its entirety, the Exchange proposes to amend the rates displayed for removing liquidity on the fee schedule to $0.0030 per share, which represents the current default rate. Accordingly, the Exchange proposes to amend the displayed rate for removing liquidity on the EDGX fee schedule and the removal rates for Flags N, W, 6, BB, and PI from $0.0029 per share to $0.0030 per share, and these rates will continue to remain subject to the volume tier requirements of the Mega Tier in Footnote 1.</P>
        <FTNT>
          <P>
            <SU>5</SU>The Exchange notes that the default removal rate remains $0.0030 per share.</P>
        </FTNT>
        <P>Currently, Footnote 11 on the Exchange's fee schedule states that for Flags EA or ER, if a Member internalizes more than 4% of their average daily volume (“ADV”) on EDGX (added, removed, and routed liquidity) and the Member, at a minimum, meets the criteria for the Mega Tier rebate of $0.0032 per share as described in Footnote 1, then the Member receives the applicable rebate in Footnote 1 for adding liquidity, or is charged the applicable removal rate in Footnote 1 or 12. Because the Exchange proposes to eliminate the discounted removal rate for achieving the volume tier requirements in Footnote 12 in its entirety, the Exchanges also proposes to eliminate the discounted removal rate for achieving the volume tier requirements in Footnote 12 provided for in Footnote 11. Therefore, the Exchange will charge the default removal rate of $0.0030 per share regardless of the Member's add liquidity ratio unless that Member qualifies for the discounted removal rate of $0.0029 per share, as described in the Mega Tier of Footnote 1, should that Member achieve the volume tier requirements.</P>
        <P>The Exchange proposes to assess a fee of $0.0025 per share in lieu of the current fee of $0.0023 per share for Members' orders that are routed or re-routed to the New York Stock Exchange (“NYSE”) and remove liquidity, yielding Flag D. This proposed change represents a pass-through of the rate that Direct Edge ECN LLC d/b/a DE Route (“DE Route”), the Exchange's affiliated routing broker dealer, is charged for routing orders to NYSE, in response to the pricing changes in NYSE's filing with the Securities and Exchange Commission (the “SEC”).<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>NYSE's Trader Update at<E T="03">http://www.nyse.com/pdfs/NYSE%20Client%20Notice% 20Fees%2010%201%202012.pdf</E>(discussing NYSE's fee changes effective October 1, 2012).</P>
        </FTNT>
        <P>The Exchange proposes to implement these amendments to its fee schedule on October 1, 2012.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,<SU>7</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4),<SU>8</SU>
          <FTREF/>in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities.</P>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>The Exchange currently offers Members a discounted removal rate of $0.0029 per share where their add liquidity ratio is equal to or greater than 10%, as described in Footnote 12. The Exchange proposes to eliminate the discounted removal rate for achieving the volume tier requirements of Footnote 12 in its entirety and any references thereto, and the Exchange proposes to charge Members the default removal rate of $0.0030 per share regardless of their add liquidity ratio. The Exchange believes that its proposal to eliminate the discounted removal rate for achieving the volume tier requirements of Footnote 12 in its entirety represents an equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities because the Exchange will use the additional $0.0001 per share revenue generated from removing this volume tier to offset the administrative and infrastructure costs associated with operating a national securities exchange. In addition, the Exchange's proposal is reasonable because it will allow the Exchange to assess a fee for removing liquidity from EDGX that is competitive with other market centers.<SU>9</SU>
          <FTREF/>The Exchange also notes that with the removal of this tier, Members will continue to be subject to the other fees and tiers listed on the Exchange's fee schedule. Lastly, the Exchange believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>NASDAQ OMX Group, Inc., Price List—Trading &amp; Connectivity,<E T="03">http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#remove.</E>The NASDAQOMX Group Inc.'s default rate for removing liquidity in Tape A, B and C securities for all MPIDs is $0.0030 per share.<E T="03">See also</E>BATS BZX Exchange, Inc., BATS BZX Exchange Fee Schedule (effective September 10, 2012),<E T="03">http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.</E>BATS BZX Exchange, Inc.'s default rate for removing liquidity in Tape A, B and C securities for all MPIDs is $0.0029 per share.</P>
        </FTNT>

        <P>The Exchange currently offers Members a discounted removal rate of $0.0029 per share, as described in Footnote 11 and subject to the volume tier requirements in Footnotes 1 and 12, where the Member internalizes more than 4% of their ADV on EDGX (added, removed, and routed liquidity) and the Member, at a minimum, meets the criteria for the Mega Tier rebate of $0.0032 per share in Footnote 1. Because the Exchange proposed to eliminate the discounted removal rate for achieving the volume tier requirements of Footnote 12 in its entirety and any references thereto, the Exchange also proposes to eliminate the discounted removal rate for achieving the volume tier requirements of Footnote 12 provided for in Footnote 11. Accordingly, the Exchange proposes to charge the default removal rate of $0.0030 per share regardless of a Member's add liquidity ratio unless that Member qualifies for a discounted removal rate of $0.0029 per share, as described in Footnote 11 and pursuant to the volume tier requirements in the Mega Tier in Footnote 1. The Exchange believes that its proposal to eliminate the discounted removal rate for achieving the volume tier requirements of Footnote 12, as described in Footnote 11, represents an equitable allocation of<PRTPAGE P="61799"/>reasonable dues, fees and other charges among its Members and other persons using its facilities because the Exchange will use the additional $0.0001 per share revenue generated from removing this volume tier to offset the administrative and infrastructure costs associated with operating a national securities exchange. In addition, the Exchange's proposal is reasonable because it will allow the Exchange to assess a fee for removing liquidity from EDGX that is competitive with other market centers.<SU>10</SU>
          <FTREF/>The Exchange also notes that with the removal of this tier, Members will continue to be subject to the other fees and tiers listed on the Exchange's fee schedule. Lastly, the Exchange believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <FTNT>
          <P>
            <SU>10</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <P>The rates associated with routing orders to NYSE through DE Route on the Exchange's fee schedule are pass-through rates from DE Route to the Exchange and represent an equitable allocation of reasonable dues, fees, and other charges among Members of the Exchange and other persons using its facilities because the Exchange does not levy additional fees or offer additional rebates for orders that it routes to NYSE through DE Route. The Exchange notes that routing through DE Route is voluntary. Currently, for orders yielding Flag D, NYSE charges DE Route a fee of $0.0023 per share, which, in turn, is passed through to the Exchange. The Exchange, in turn, charges its Members a fee of $0.0023 per share as a pass-through. In NYSE's pricing changes for October 1, 2012, NYSE increased the rate it charges its customers, such as DE Route, from $0.0023 per share to a charge of $0.0025 per share for orders that are routed or re-routed to NYSE and remove liquidity. Therefore, the Exchange believes that the proposed change for Flag D from a fee of $0.0023 per share to a fee of $0.0025 per share is equitable and reasonable because it accounts for the pricing changes on NYSE. In addition, the proposal allows the Exchange to continue to charge its Members a pass-through rate for orders that are routed or re-routed to NYSE and remove liquidity using DE Route. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The Exchange also notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. The Exchange believes that the proposed rates are equitable and non-discriminatory in that they apply uniformly to all Members. The Exchange believes the fees and credits remain competitive with those charged by other venues and therefore continue to be reasonable and equitably allocated to Members.</P>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties.</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) of the Act<SU>11</SU>
          <FTREF/>and Rule 19b-4(f)(2)<SU>12</SU>
          <FTREF/>thereunder. At any time within 60 days of the filing of such 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>11</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>17 CFR 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>
          <E T="03">•</E>Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File Number SR-EDGX-2012-45<E T="03">on the subject line.</E>
        </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-EDGX-2012-45. 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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EDGX-2012-45 and should be submitted on or before November 1, 2012.<FTREF/>
        </FP>
        <FTNT>
          <P>
            <SU>13</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>13</SU>
          </P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24980 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61800"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67980; File No. SR-EDGA-2012-45]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the EDGA Exchange, Inc. Fee Schedule</SUBJECT>
        <DATE>October 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 October 1, 2012 the EDGA Exchange, Inc. (the “Exchange” or “EDGA”) 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>The Exchange proposes to amend its fees and rebates applicable to Members<SU>3</SU>

          <FTREF/>of the Exchange pursuant to EDGA Rule 15.1(a) and (c). Text of the proposed rule change is attached as Exhibit 5 at<E T="03">http://www.directedge.com/Regulation/ExchangeRuleFilings/EDGA.aspx.</E>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>As defined in Exchange Rule 1.5(n).</P>
        </FTNT>
        <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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization 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>On the Exchange's fee schedule, the Exchange currently charges a Member $0.0020 per share for orders that yield Flag Q, where the Member's order is routed using the ROUQ<SU>4</SU>
          <FTREF/>or ROUC<SU>5</SU>
          <FTREF/>routing strategy and executes at non-exchange destinations. The pricing of Flag Q is also subject to the volume tiers detailed in Footnote 16, which currently states that where a Member posts greater than or equal to 0.30% of the Total Consolidated Volume (“TCV”) in Average Daily Volume (“ADV”) on EDGA and routes 2.5 million shares via Flag Q, then the Member's rate for Flag Q decreases to $0.0015 per share. Footnote 16 also states that where a Member posts greater than or equal to 0.30% of the TCV in ADV on EDGA and routes 5 million shares via Flag Q, then the Member's rate for Flag Q decreases to $0.0010 per share. The Exchange proposes to expand the volume tiers in Footnote 16 to add additional criteria to achieve a lower rate of $0.0015 per share. Specifically, Members will be assessed a charge of $0.0015 per share for orders that yield Flag Q where a Member executes greater than or equal to an average daily volume of 12 million shares using the ROUC routing strategy and yields Flags C, D, I, K, Q, X, BY, CR and MT. The Exchange notes that Flags C, D, I, K, Q, X, BY, CR and MT correspond to the destinations on the System routing table<SU>6</SU>
          <FTREF/>where orders using the ROUC routing strategy may be executed; therefore, the Exchange proposes to count the volume generated from these flags in the proposed volume tier for Flag Q as described in Footnote 16.</P>
        <FTNT>
          <P>
            <SU>4</SU>As defined in Exchange Rule 11.9(b)(3)(c)(iv).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>As defined in Exchange Rule 11.9(b)(3)(a).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>Exchange Rule 11.9(b)(3) defines the “System routing table” as the proprietary process for determining the specific trading venues to which the System, as defined in Exchange Rule 1.5(cc), routes orders and the order in which the System routes to them.</P>
        </FTNT>
        <P>The Exchange proposes to amend the description of Flag Q on the Exchange's fee schedule in order to provide Members additional transparency that orders that are routed using ROUQ or ROUC may execute at non-exchange destinations, yielding Flag Q. Therefore, the Exchange proposes to revise the description of Flag Q to state that Flag Q encompasses orders routed using the ROUQ or ROUC routing strategy that execute at non-exchange destinations on the System routing table. The Exchange notes that its proposal does not modify the existing routing functionality associated with Flag Q; but rather, the Exchange's proposal clarifies that orders yielding Flag Q are executed at non-exchange destinations.</P>
        <P>The Exchange proposes to amend the description of Flag MT on the Exchange's fee schedule in order to provide Members additional transparency. Currently, the Exchange's fee schedule states that orders routed to EDGX Exchange, Inc., (“EDGX”) Mid-Point Match (“MPM”) using the IOCM or ROCO routing strategies, as defined in Exchange Rule 11.9(b)(3), will yield Flag MT. The Exchange proposes to revise the description of Flag MT on the Exchange's fee schedule to include ICMT and ROUC, as defined in Exchange Rule 11.9(b)(3), among the routing strategies listed. Accordingly, Members' orders that are routed to EDGX MPM using ICMT, IOCM, ROCO or ROUC routing strategies will yield Flag MT. The Exchange notes that its proposal does not modify the existing routing functionality associated with Flag MT; but rather, the Exchange's proposal modifies the fee schedule to reflect the specific routing strategies utilized and yielding Flag MT.</P>
        <P>Currently, the Exchange offers Members a rebate of $0.0005 per share for orders that are routed to NASDAQ OMX BX, Inc. (the “BX”) and remove liquidity, yielding Flag C. The Exchange proposes to increase the rebate earned by Members' orders that yield Flag C to a $0.0014 per share rebate.<SU>7</SU>
          <FTREF/>The Exchange also proposes to remove Footnote 7 in its entirety, which is appended to Flag C, thereby removing the condition that requires Members to post an ADV of 25,000 shares to the BX (yielding Flag RB) because the Exchange is proposing a rebate of $0.0014 per share for all Members' orders that yield Flag C.</P>
        <FTNT>
          <P>
            <SU>7</SU>Currently, the Exchange offers Members a default rebate of $0.0005 per share for orders that yield Flag C, where “default” refers to the standard rebate offered by the Exchange to Members for orders that yield Flag C absent Members qualifying for additional volume tiered pricing. The Exchange offered Members a rebate of $0.0014 per share where Members posted an ADV of 25,000 shares to the BX (yielding Flag RB).</P>
        </FTNT>
        <P>The Exchange proposes to assess a fee of $0.0025 per share in lieu of the current fee of $0.0023 per share for Members' orders that are routed or re-routed to the New York Stock Exchange (“NYSE”) and remove liquidity, yielding Flag D. This proposed change represents a pass-through of the rate that Direct Edge ECN LLC d/b/a DE Route (“DE Route”), the Exchange's affiliated routing broker dealer, is charged for routing orders to NYSE, in response to the pricing changes in NYSE's filing with the Securities and Exchange Commission (the “SEC”).<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>NYSE's Trader Update at<E T="03">http://www.nyse.com/pdfs/NYSE%20Client%20Notice%20Fees%2010%201%202012.pdf</E>(discussing NYSE's fee changes effective October 1, 2012).</P>
        </FTNT>

        <P>The Exchange proposes to implement these amendments to its fee schedule on October 1, 2012.<PRTPAGE P="61801"/>
        </P>
        <HD SOURCE="HD3">2.  Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,<SU>9</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4),<SU>10</SU>
          <FTREF/>in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities.</P>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>The Exchange believes that its proposal to expand the volume tiers in Footnote 16 to also assess a charge of $0.0015 per share for orders that yield Flag Q where a Member executes greater than or equal to an average daily volume of 12 million shares using the ROUC routing strategy, which yields Flags C, D, I, K, Q, X, BY, CR and MT, represents an equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The ROUC routing strategy initially routes orders to non-exchange destinations on the System routing table, which are associated with higher rebates and lower fees, before the orders are routed to higher cost exchange destinations. The Exchange believes that by initially routing orders to non-exchange destinations, the likelihood of the order being executed at the non-exchange destination increases. Accordingly, the Exchange proposes to pass along the potential cost savings to Members that DE Route achieves in the form of a reduced charge for orders that yield Flag Q where those orders are routed to and executed on these non-exchange destinations.</P>
        <P>In addition, the Exchange also believes that charging Members a lower rate for achieving volume tiers in Footnote 16 will incentivize liquidity to the Exchange by increasing the use of the ROUC routing strategy, which is consistent with EDGA's low cost exchange model because ROUC offers the Exchange potential cost savings that it can pass on to its Members given that ROUC routes to a series of low cost destinations on the System routing table. Such increased volumes increase potential revenue to the Exchange, and allow the Exchange to spread its administrative and infrastructure costs over a greater number of shares, which results in lower per share costs. The Exchange may then pass on these savings to Members in the form of lower charges. The increased liquidity also benefits all investors by deepening EDGA's liquidity pool, offering additional flexibility for all investors to enjoy cost savings, supporting the quality of price discovery, promoting market transparency and improving investor protection. Volume-based discounts such as these have been widely adopted in the cash equities markets, and are equitable because volume-based discounts are open to all Members on an equal basis and provide discounts that are reasonably related to the value to an exchange's market quality associated with higher levels of market activity, such as higher levels of liquidity provision and introduction of higher volumes of orders into the price and volume discovery process. Lastly, the Exchange believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The Exchange believes that the proposed tier is equitable and reasonable when compared with the existing tier in Footnote 16 that also offers a discounted rate of $0.0015 per share because the Exchange regards the criteria of each tier as equally stringent: Members posting greater than or equal to 0.30% of the TCV in ADV on EDGA and routing 2.5 million shares via Flag Q or Members posting greater than or equal to an average daily volume of 12 million shares using the ROUC routing strategy and yielding a variety of flags (i.e., Flags C, D, I, K, Q, X, BY, CR and MT). As discussed above, because of the potential cost savings to the Exchange where Members use the ROUC routing strategy, the Exchange can offer Members a reduced charge of $0.0015 per share and require less volume than in the existing tier to achieve this rate given that  these two tiers are equally beneficial to the Exchange in terms of their contribution towards liquidity.</P>
        <P>The Exchange believes that its proposal to amend the description of Flag Q on the Exchange's fee schedule to state that Flag Q encompasses orders routed using ROUQ or ROUC and executed at non-exchange destinations represents an equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities because it supports the Exchange's efforts to provide additional transparency to Members when reading the fee schedule. Accordingly, the proposed revised description will advise Members that Flag Q encompasses orders routed using the ROUQ or ROUC routing strategy that execute at non-exchange destinations on the System routing table and yield Flag Q. The Exchange also believes that its proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The Exchange believes that its proposal to amend the description of Flag MT on the Exchange's fee schedule represents an equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities because it supports the Exchanges' efforts to provide additional transparency to Members when reading the fee schedule. Currently, the Exchange's fee schedule states that orders routed to EDGX MPM using the IOCM or ROCO routing strategies will yield Flag MT. The Exchange proposes to revise the description of Flag MT on the Exchange's fee schedule to include ICMT and ROUC among the routing strategies listed. Accordingly, the proposed revised description will advise Members that orders that are routed to EDGX MPM using ICMT, IOCM, ROCO or ROUC routing strategies will yield Flag MT. The Exchange also believes that its proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The Exchange believes that its proposal to increase the rebate earned by Members' orders that yield Flag C from $0.0005 per share to $0.0014 per share represents an equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange notes that it will provide to its Members the $0.0014 per share rebate regardless of whether DE Route achieves the BX tier that requires posting an ADV of 25,000 shares. The Exchange believes that its proposal to increase the rebate earned by Members' orders that yield Flag C from $0.0005 per share to $0.0014 per share is also reasonable given that the BATS BZX Exchange, Inc., the BATS BYX Exchange, Inc., and NASDAQ OMX Group, Inc. also offer their customers a rebate of $0.0014 per share for orders that are routed to the BX.<SU>11</SU>
          <FTREF/>The Exchange also notes that routing through DE Route is voluntary. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>NASDAQ OMX Group, Inc., Price List—Trading &amp; Connectivity at<E T="03">http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2. See also</E>BATS BZX Exchange, Inc., BATS BZX Exchange Fee Schedule (Effective September 10, 2012) and BATS BYX Exchange, Inc., BATS BYX Exchange Fee Schedule (effective September 10, 2012),<E T="03">http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.</E>
          </P>
        </FTNT>

        <P>The Exchange currently offers Members a more favorable rebate of $0.0014 per share for removing liquidity from BX where Members post an ADV of 25,000 shares to BX, as described in Footnote 7. The Exchange proposes to<PRTPAGE P="61802"/>eliminate the volume tier requirement in Footnote 7 in its entirety and any references thereto, and the Exchange proposes to offer Members a rebate of $0.0014 per share regardless of their volume. The Exchange believes that its proposal to delete Footnote 7 from the Exchange's fee schedule represents an equitable allocation of reasonable dues, fees, and other charges among its Members and other persons using its facilities because the Exchange is proposing to amend the rate for orders that yield Flag C to a rebate of $0.0014 per share. The Exchange also notes that with the deletion of this tier, Members will continue to be subject to the other fees and tiers listed on the Exchange's fee schedule, and routing through DE Route is voluntary. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The rates associated with routing orders to NYSE through DE Route on the Exchange's fee schedule are pass-through rates from DE Route to the Exchange and represent an equitable allocation of reasonable dues, fees, and other charges among Members of the Exchange and other persons using its facilities because the Exchange does not levy additional fees or offer additional rebates for orders that it routes to NYSE through DE Route. The Exchange notes that routing through DE Route is voluntary. Currently, for orders yielding Flag D, NYSE charges DE Route a fee of $0.0023 per share, which, in turn, is passed through to the Exchange. The Exchange, in turn, charges its Members a fee of $0.0023 per share as a pass-through. In NYSE's pricing changes for October 1, 2012, NYSE increased the rate it charges its customers, such as DE Route, from $0.0023 per share to a charge of $0.0025 per share for orders that are routed or re-routed to NYSE and remove liquidity. Therefore, the Exchange believes that the proposed change for Flag D from a fee of $0.0023 per share to a fee of $0.0025 per share is equitable and reasonable because it accounts for the pricing changes on NYSE. In addition, the proposal allows the Exchange to continue to charge its Members a pass-through rate for orders that are routed or re-routed to NYSE and remove liquidity using DE Route. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.</P>
        <P>The Exchange also notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. The Exchange believes that the proposed rates are equitable and non-discriminatory in that they apply uniformly to all Members. The Exchange believes the fees and credits remain competitive with those charged by other venues and therefore continue to be reasonable and equitably allocated to Members.</P>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties.</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) of the Act<SU>12</SU>
          <FTREF/>and Rule 19b-4(f)(2)<SU>13</SU>
          <FTREF/>thereunder. At any time within 60 days of the filing of such 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>12</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>17 CFR 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-EDGA-2012-45 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-EDGA-2012-45. 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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EDGA-2012-45 and should be submitted on or before November 1, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>14</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>14</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. 2012-24979 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61803"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-67986; File No. SR-NYSEArca-2012-104]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Proposing To Amend the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services</SUBJECT>
        <DATE>October 4, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1)<SU>1</SU>
          <FTREF/>of the Securities Exchange Act of 1934 (the “Act”)<SU>2</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>3</SU>
          <FTREF/>notice is hereby given that, on September 24, 2012, NYSE Arca, Inc. (the “Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (the “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>15 U.S.C. 78a.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</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 amend the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services (“Fee Schedule”) to (i) increase the credit for executions of Mid-Point Passive Liquidity (“MPL”) Orders that provide liquidity on the Exchange in certain active Tape C Securities, and (ii) eliminate the credit that is currently applicable to Passive Liquidity (“PL”) Orders in Tape B Securities that provide liquidity on the Exchange. The text of the proposed rule change is available on the Exchange's Web site at<E T="03">www.nyse.com,</E>at the principal office of the Exchange, and at the Commission's Public Reference Room.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Exchange proposes to (i) increase the credit for executions of MPL Orders that provide liquidity on the Exchange in certain active Tape C Securities, and (ii) eliminate the credit that is currently applicable to PL Orders in Tape B Securities that provide liquidity on the Exchange. The Exchange proposes to implement the fee changes on October 1, 2012.</P>
        <P>A PL Order is an order to buy or sell a stated amount of a security at a specified, undisplayed price.<SU>4</SU>
          <FTREF/>An MPL Order is a PL Order executable only at the midpoint of the Protected Best Bid and Offer.<SU>5</SU>
          <FTREF/>In this regard, PL Orders, including MPL Orders, allow for additional opportunities for passive interaction with trading interest on the Exchange and are designed to offer potential price improvement to incoming marketable orders submitted to the Exchange.<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>Rule 7.31(h)(4).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Rule 7.31(h)(5).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See, e.g.,</E>Securities Exchange Act Release No. 54511 (September 26, 2006), 71 FR 58460, 58461 (October 3, 2006) (SR-PCX-2005-53).</P>
        </FTNT>
        <P>Currently, MPL Orders that provide liquidity on the Exchange receive a $0.0015 per share credit, regardless of whether the order is for a Tape A, B, or C Security. The Exchange proposes to increase this credit to $0.0025 per share for MPL Orders that provide liquidity on the Exchange in the following Tape C Securities, which were selected based on year-to-date consolidated average daily volume (“CADV”):</P>
        <GPOTABLE CDEF="s25,xs28" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Company name</CHED>
            <CHED H="1">Symbol</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Cisco Systems, Inc</ENT>
            <ENT>CSCO</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dell Inc</ENT>
            <ENT>DELL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Facebook, Inc</ENT>
            <ENT>FB</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Intel Corporation</ENT>
            <ENT>INTC</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Microsoft Corporation</ENT>
            <ENT>MSFT</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Micron Technology Inc</ENT>
            <ENT>MU</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oracle Corporation</ENT>
            <ENT>ORCL</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Research In Motion Limited</ENT>
            <ENT>RIMM</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SIRIUS XM Radio Inc</ENT>
            <ENT>SIRI</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Zynga, Inc</ENT>
            <ENT>ZNGA</ENT>
          </ROW>
        </GPOTABLE>
        <P>These securities would be deemed “Active Tape C Securities” for purposes of the Fee Schedule.<SU>7</SU>
          <FTREF/>The Exchange believes that this proposed change would incentivize ETP Holders to submit additional MPL Orders in the Active Tape C Securities. This would increase the liquidity available on the Exchange in the Active Tape C Securities and, therefore, could increase the potential price improvement to incoming marketable orders submitted to the Exchange.</P>
        <FTNT>
          <P>
            <SU>7</SU>Any change to the list of Active Tape C Securities would be made by submitting a proposed rule change to the Commission.</P>
        </FTNT>
        <P>Separately, PL Orders in Tape B Securities that provide liquidity on the Exchange currently receive a per share credit.<SU>8</SU>
          <FTREF/>The Exchange proposes to eliminate this Tape B PL Order credit, such that PL Orders in Tape B Securities that provide liquidity on the Exchange would neither receive a credit nor be charged a fee. The credit for PL Orders in Tape B securities that provide liquidity to the Exchange was originally designed to incentivize ETP Holders to submit orders that provide liquidity on the Exchange in such securities.<SU>9</SU>
          <FTREF/>The Exchange has determined to eliminate the Tape B PL Order credit because it has generally not incentivized ETP Holders to submit additional liquidity in Tape B Securities in the form of PL Orders. The Exchange notes that PL Orders in Tape A and C Securities that provide liquidity on the Exchange are currently neither provided with a credit nor charged a fee, as is proposed for Tape B Securities. Accordingly, this proposed change would align the treatment of PL Orders in Tape B securities that provide liquidity on the Exchange with that of Tape A and C Securities in the Exchange's Fee Schedule.</P>
        <FTNT>
          <P>
            <SU>8</SU>The credit is currently $0.0015 per share for Tier 1 and Step Up Tier 1 and $0.0010 per share for Tier 2, Tier 3, Step Up Tier 2 and Basic Rates. For Investor Tiers 1-4, the applicable credit is based on a firm's qualifying levels.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 67180 (June 11, 2012), 77 FR 36027 (June 15, 2012) (SR-NYSEArca-2012-56).</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the “Act”),<SU>10</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4) of the Act,<SU>11</SU>
          <FTREF/>in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.</P>
        <FTNT>
          <P>
            <SU>10</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>

        <P>The Exchange believes that the proposed change is reasonable because the increased credit of $0.0025 per share would incentivize ETP Holders to submit additional MPL Orders in Active Tape C Securities. This would increase<PRTPAGE P="61804"/>the liquidity available on the Exchange in Active Tape C Securities and, therefore, could increase the potential price improvement to incoming marketable orders submitted to the Exchange. In this regard, the selection by the Exchange of the particular Active Tape C Securities is reasonable because the Exchange's market for such securities would improve as a result of the increase in liquidity that the Exchange anticipates resulting from the proposed credit increase. The Exchange believes that the proposed change is equitable and not unfairly discriminatory because it would apply equally to MPL Orders from all ETP Holders in Active Tape C Securities. Additionally, the proposed change is equitable and not unfairly discriminatory because, by applying to Active Tape C Securities, all market participants will have an opportunity to interact in such names, as opposed to thinly traded securities that might be less liquid.</P>
        <P>The Exchange also believes that the proposed change is reasonable because eliminating the Tape B PL Order credit would remove a pricing feature from the Fee Schedule that has generally not incentivized ETP Holders to submit additional PL Orders in Tape B Securities, as was originally intended. In this regard, the PL Order credit was originally designed to incentivize ETP Holders to provide additional liquidity on the Exchange in Tape B Securities and, therefore, to potentially increase the quality of the Exchange's market in these securities.<SU>12</SU>
          <FTREF/>Removal of the Tape B PL Order credit is also equitable and not unfairly discriminatory because it would be eliminated for all ETP Holders. The Exchange also notes that PL Orders in Tape A and C Securities that provide liquidity on the Exchange are currently neither provided with a credit nor charged a fee, as is proposed for Tape B Securities. Accordingly, this proposed change would align the treatment of PL Orders in Tape B securities that provide liquidity on the Exchange with that of Tape A and C Securities for purposes of the Exchange's Fee Schedule.</P>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">See supra</E>note 9.</P>
        </FTNT>
        <P>Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and credits to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed rule change reflects this competitive environment.</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 that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>No written comments were solicited or received with respect to the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A)<SU>13</SU>
          <FTREF/>of the Act and subparagraph (f)(2) of Rule 19b-4<SU>14</SU>
          <FTREF/>thereunder, because it establishes a due, fee, or other charge imposed by the NYSE Arca.</P>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>17 CFR 240.19b-4(f)(2).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>
          <E T="03">•</E>Send an email to<E T="03">rule-comments@sec.gov</E>. Please include File Number SR-NYSEArca-2012-104 on the subject line.</P>
        <HD SOURCE="HD2">Paper Comments</HD>
        <P>• Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.</P>
        

        <FP>All submissions should refer to File Number SR-NYSEArca-2012-104. 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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2012-104 and should be submitted on or before November 1, 2012.<FTREF/>
        </FP>
        <FTNT>
          <P>
            <SU>15</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>15</SU>
          </P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24969 Filed 10-10-12; 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. 34-67985; File No. SR-NYSEArca-2012-92]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Change Relating to the Listing and Trading of iShares 2018 S&amp;P AMT-Free Municipal Series and iShares 2019 S&amp;P AMT-Free Municipal Series Under NYSE Arca Equities Rule 5.2(j)(3), Commentary .02</SUBJECT>
        <DATE>October 4, 2012.</DATE>
        <HD SOURCE="HD1">I. Introduction</HD>

        <P>On August 16, 2012, NYSE Arca, Inc. (“Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (“Commission”), pursuant<PRTPAGE P="61805"/>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 list and trade shares (“Shares”) of the iShares 2018 S&amp;P AMT-Free Municipal Series (“2018 Fund”) and iShares 2019 S&amp;P AMT-Free Municipal Series (“2019 Fund” and, collectively, “Funds”). The proposed rule change was published for comment in the<E T="04">Federal Register</E>on August 30, 2012.<SU>3</SU>
          <FTREF/>The Commission received no comments on the proposed rule change. This order grants approval of 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. 67729 (August 24, 2012), 77 FR 52776 (“Notice”).</P>
        </FTNT>
        <HD SOURCE="HD1">II. Description of the Proposed Rule Change</HD>
        <P>The Exchange proposes to list and trade Shares of the Funds pursuant to NYSE Arca Equities Rule 5.2(j)(3), Commentary .02, which governs the listing and trading of Investment Company Units (“Units”) based on fixed income securities indexes. The Funds are two series of iShares Trust (“Trust”).<SU>4</SU>
          <FTREF/>Blackrock Fund Advisors (“Investment Adviser”) is the investment adviser for the Funds. SEI Investments Distribution Co. is the Funds' distributor (“Distributor”).</P>
        <FTNT>
          <P>

            <SU>4</SU>The Trust is registered under the Investment Company Act of 1940 (“1940 Act”). On June 29, 2012, the Trust filed with the Commission Post-Effective Amendment No. 745 (with respect to the 2018 Fund, “2018 Registration Statement”) and Post-Effective Amendment No. 746 (with respect to the 2019 Fund, “2019 Registration Statement”) to the Trust's registration statement on Form N-1A under the Securities Act of 1933 and the 1940 Act (File   Nos. 333-92935 and 811-09729) (collectively, “Registration Statements”). In addition, the Commission has issued an order granting certain exemptive relief to the Trust under the 1940 Act.<E T="03">See</E>Investment Company Act Release No. 27608 (December 21, 2006) (File No. 812-13208).</P>
        </FTNT>
        <HD SOURCE="HD2">iShares 2018 S&amp;P AMT-Free Municipal Series</HD>
        <P>The 2018 Fund will seek investment results that correspond generally to the price and yield performance, before fees and expenses, of the S&amp;P AMT-Free Municipal Series 2018 Index<SU>TM</SU>(“2018 Index”).<SU>5</SU>
          <FTREF/>The 2018 Fund will not seek to return any predetermined amount at maturity. The 2018 Index measures the performance of investment-grade U.S. municipal bonds maturing in 2018. According to the Exchange, as of May 1, 2012, there were 1,443 issues in the 2018 Index.</P>
        <FTNT>
          <P>
            <SU>5</SU>Each of the 2018 Index and 2019 Index (as defined below) (collectively, “Underlying Indexes”) is sponsored by an organization (“Index Provider”) that is independent of the Funds and the Investment Adviser. The Index Provider determines the composition and relative weightings of the securities in the Underlying Indexes and publishes information regarding the market value of the Underlying Indexes. The Index Provider with respect to the Underlying Indexes is Standard &amp; Poor's Financial Services LLC (a subsidiary of The McGraw-Hill Companies) (“S&amp;P”). The Index Provider is not a broker-dealer or affiliated with a broker-dealer and has implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the Underlying Indexes.</P>
        </FTNT>
        <P>The 2018 Index includes municipal bonds primarily from issuers that are state or local governments or agencies (including the Commonwealth of Puerto Rico and U.S. territories such as the U.S. Virgin Islands and Guam) such that the interest on the bonds is exempt from U.S. federal income taxes and the federal alternative minimum tax (“AMT”). According to the exchange, each bond eligible for inclusion in the 2018 Index must have a rating of at least BBB− by S&amp;P, Baa3 by Moody's Investors Service, Inc. (“Moody's”), or BBB− by Fitch, Inc., and must have a minimum maturity par amount of $2 million. To remain in the 2018 Index, bonds must maintain a minimum par amount greater than or equal to $2 million as of each rebalancing date. All bonds in the 2018 Index will mature between June 1 and August 31 of 2018. When a bond matures in the 2018 Index, an amount representing its value at maturity will be included in the 2018 Index throughout the remaining life of the 2018 Index, and any such amount will be assumed to earn a rate equal to the performance of the S&amp;P's Weekly High Grade Index, which consists of Moody's Investment Grade-1 municipal tax-exempt notes that are not subject to federal AMT. By August 31, 2018, the 2018 Index is expected to consist entirely of cash carried in this manner. The 2018 Index is a market value weighted index and is rebalanced after the close on the last business day of each month.</P>
        <P>The Exchange submitted this proposed rule change because the 2018 Index for the 2018 Fund does not meet all of the “generic” listing requirements of Commentary .02(a) to NYSE Arca Equities Rule 5.2(j)(3) applicable to the listing of Units based on fixed income securities indexes. The 2018 Index meets all such requirements except for those set forth in Commentary .02(a)(2).<SU>6</SU>
          <FTREF/>Specifically, as of May 1, 2012, only 9.95% of the weight of the 2018 Index components have a minimum original principal amount outstanding of $100 million or more.</P>
        <FTNT>
          <P>
            <SU>6</SU>Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3) provides that components that in the aggregate account for at least 75% of the weight of the index or portfolio each shall have a minimum original principal amount outstanding of $100 million or more.</P>
        </FTNT>
        <P>According to the Exchange, the 2018 Fund generally will invest at least 80% of its assets in the securities of the 2018 Index, except during the last months of such Fund's operations, as described below. The 2018 Fund may at times invest up to 20% of its assets in cash and cash equivalents (including money market funds affiliated with the Investment Adviser), as well as in municipal bonds not included in the 2018 Index, but which the Investment Adviser believes will help the 2018 Fund track the 2018 Index. For example, the 2018 Fund may invest in municipal bonds not included in the 2018 Index in order to reflect prospective changes in the 2018 Index (such as 2018 Index reconstitutions, additions, and deletions). The 2018 Fund will generally hold municipal bond securities issued by state and local municipalities whose interest payments are exempt from U.S. federal income tax, the federal AMT and, effective beginning in 2013, a federal Medicare contribution tax of 3.8% on “net investment income,” including dividends, interest, and capital gains. In addition, the 2018 Fund may invest any cash assets in one or more affiliated municipal money market funds. In the last months of operation, as the bonds held by the 2018 Fund mature, the proceeds will not be reinvested in bonds but instead will be held in cash and cash equivalents, including without limitation, AMT-free tax-exempt municipal notes, variable rate demand notes and obligations, tender option bonds, and municipal commercial paper. These cash equivalents may not be included in the 2018 Index. On or about August 31, 2018, the 2018 Fund will wind up and terminate, and its net assets will be distributed to then-current shareholders.</P>
        <HD SOURCE="HD2">iShares 2019 S&amp;P AMT-Free Municipal Series</HD>
        <P>The 2019 Fund will seek investment results that correspond generally to the price and yield performance, before fees and expenses, of the S&amp;P AMT-Free Municipal Series 2019 Index<SU>TM</SU>(“2019 Index”).<SU>7</SU>
          <FTREF/>The 2019 Fund will not seek to return any predetermined amount at maturity. The 2019 Index measures the performance of investment-grade U.S. municipal bonds maturing in 2019. As of May 1, 2012, there were 1,157 issues in the 2019 Index.</P>
        <FTNT>
          <P>
            <SU>7</SU>S&amp;P is the 2019 Fund's Index Provider.<E T="03">See</E>note 5,<E T="03">supra.</E>
          </P>
        </FTNT>

        <P>The 2019 Index includes municipal bonds primarily from issuers that are<PRTPAGE P="61806"/>state or local governments or agencies (including the Commonwealth of Puerto Rico and U.S. territories such as the U.S. Virgin Islands and Guam) such that the interest on the bonds is exempt from U.S. federal income taxes and the federal AMT. According to the Exchange, each bond must have a rating of at least BBB− by S&amp;P, Baa3 by Moody's, or BBB− by Fitch, Inc. and must have a minimum maturity par amount of $2 million to be eligible for inclusion in the 2019 Index. To remain in the 2019 Index, bonds must maintain a minimum par amount greater than or equal to $2 million as of each rebalancing date. All bonds in the 2019 Index will mature between June 1 and August 31 of 2019. When a bond matures in the 2019 Index, an amount representing its value at maturity will be included in the 2019 Index throughout the remaining life of the 2019 Index, and any such amount will be assumed to earn a rate equal to the performance of the S&amp;P's Weekly High Grade Index, which consists of Moody's Investment Grade-1 municipal tax-exempt notes that are not subject to federal AMT. By August 31, 2019, the 2019 Index is expected to consist entirely of cash carried in this manner. The 2019 Index is a market value weighted index and is rebalanced after the close on the last business day of each month.</P>
        <P>The Exchange submitted this proposed rule change because the 2019 Index for the 2019 Fund does not meet all of the “generic” listing requirements of Commentary .02(a) to NYSE Arca Equities Rule 5.2(j)(3) applicable to listing of Units based on fixed income securities indexes. The 2019 Index meets all such requirements except for those set forth in Commentary .02(a)(2).<SU>8</SU>
          <FTREF/>Specifically, as of May 1, 2012, 9.62% of the weight of the 2019 Index components have a minimum original principal amount outstanding of $100 million or more.</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>note 6,<E T="03">supra.</E>
          </P>
        </FTNT>
        <P>According to the Exchange, the 2019 Fund generally will invest at least 80% of its assets in the securities of the 2019 Index, except during the last months of the 2019 Fund's operations, as described below. The Fund may at times invest up to 20% of its assets in cash and cash equivalents (including money market funds affiliated with the Investment Adviser), as well as in municipal bonds not included in the 2019 Index, but which the Investment Adviser believes will help the 2019 Fund track the 2019 Index. For example, the 2019 Fund may invest in municipal bonds not included in the 2019 Index in order to reflect prospective changes in the 2019 Index (such as 2019 Index reconstitutions, additions, and deletions). The 2019 Fund will generally hold municipal bond securities issued by state and local municipalities whose interest payments are exempt from U.S. federal income tax, the federal AMT and, effective beginning in 2013, a federal Medicare contribution tax of 3.8% on “net investment income,” including dividends, interest, and capital gains. In addition, the 2019 Fund may invest any cash assets in one or more affiliated municipal money market funds. In the last months of operation, as the bonds held by the 2019 Fund mature, the proceeds will not be reinvested in bonds but instead will be held in cash and cash equivalents, including without limitation, AMT-free tax-exempt municipal notes, variable rate demand notes and obligations, tender option bonds, and municipal commercial paper. These cash equivalents may not be included in the 2019 Index. On or about August 31, 2019, the 2019 Fund will wind up and terminate, and its net assets will be distributed to then-current shareholders.</P>
        <P>Additional information regarding the Trust, the Funds, and the Shares, including investment strategies, risks, creation and redemption procedures, fees, portfolio holdings disclosure policies, distributions, and taxes, among other things, is included in the Notice and Registration Statements, as applicable.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>Notice and Registration Statements,<E T="03">supra</E>notes 3 and 4, respectively.</P>
        </FTNT>
        <HD SOURCE="HD1">III. Discussion and Commission's Findings</HD>
        <P>After careful review, the Commission finds that the proposed rule change is consistent with the requirements of Section 6 of the Act<SU>10</SU>
          <FTREF/>and the rules and regulations thereunder applicable to a national securities exchange.<SU>11</SU>
          <FTREF/>In particular, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act,<SU>12</SU>
          <FTREF/>which requires, among other things, that the Exchange's rules be designed 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 general, to protect investors and the public interest. The Commission notes that the Funds and the Shares must comply with the requirements of NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) to be listed and traded on the Exchange.</P>
        <FTNT>
          <P>
            <SU>10</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>11</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>12</SU>17 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <P>The Commission finds that the proposal to list and trade the Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the Act,<SU>13</SU>
          <FTREF/>which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for, and transactions in, securities. Quotation and last-sale information for the Shares will be available via the Consolidated Tape Association (“CTA”) high-speed line. The 2018 Index and 2019 Index values, calculated and disseminated at least once daily, as well as the components of the 2018 Index and 2019 Index and their percentage weightings, will be available from major market data vendors. In addition, an Intraday Indicative Value (“IIV”) for the Shares of each Fund will be disseminated at least every 15 seconds during the Core Trading Session (9:30 a.m. to 4 p.m. Eastern Time) by one or more major market data vendors.<SU>14</SU>

          <FTREF/>Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. The Funds' Web site at<E T="03">www.iShares.com</E>will also include a form of the prospectus for the Funds, information relating to net asset value (“NAV”), and other applicable quantitative information. Additionally, the portfolio of securities held by the Funds will be disclosed on the Funds' Web site daily after the close of trading on the Exchange and prior to the opening of trading on the Exchange the following day.</P>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78k-1(a)(1)(C)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>
            <E T="03">See</E>NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(c). According to the Exchange, several major market data vendors widely disseminate IIVs taken from the CTA or other data feeds.<E T="03">See</E>Notice,<E T="03">supra</E>note 3, at 52778, n.12.</P>
        </FTNT>

        <P>The Commission believes that the proposal to list and trade the Shares is reasonably designed to promote fair disclosure of information that may be necessary to price the Shares appropriately and to prevent trading when a reasonable degree of transparency cannot be assured. The Exchange states that the Index Provider is not a broker-dealer or affiliated with a broker-dealer, and has implemented procedures designed to prevent the use and dissemination of material, non-public information regarding the<PRTPAGE P="61807"/>Underlying Indexes.<SU>15</SU>
          <FTREF/>Prior to the commencement of trading, the Exchange will inform its Equity Trading Permit Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares. With respect to trading halts, if the Exchange becomes aware that the NAV is not being disseminated to all market participants at the same time, it will halt trading in the Shares until such time as the NAV is available to all market participants. In addition, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares of the Funds. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. The Exchange represents that, if the IIV or the Underlying Index values are not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the applicable IIV or Underlying Index value occurs. If the interruption to the dissemination of the applicable IIV or Underlying Index value persists past the trading day in which it occurred, the Exchange will halt trading. Moreover, trading in Shares of the Funds will be halted if the circuit breaker parameters in NYSE Arca Equities Rule 7.12 have been reached or because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. Further, trading in the Shares will be subject to NYSE Arca Equities Rule 7.34, which sets forth additional circumstances under which Shares of the Funds may be halted. The Exchange states that it has in place surveillance procedures that are adequate to properly monitor trading in the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws. The Exchange may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges that are members of ISG or with which the Exchange has entered into a comprehensive surveillance sharing agreement.</P>
        <FTNT>
          <P>
            <SU>15</SU>The Commission also notes that an investment adviser to an open-end fund is required to be registered under the Investment Advisers Act of 1940 (“Advisers Act”). As a result, the Investment Adviser and its personnel are subject to the provisions of Rule 204A-1 under the Advisers Act relating to codes of ethics. This Rule requires investment advisers to adopt a code of ethics that reflects the fiduciary nature of the relationship to clients as well as compliance with other applicable securities laws. Accordingly, procedures designed to prevent the communication and misuse of non-public information by an investment adviser must be consistent with Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful for an investment adviser to provide investment advice to clients unless such investment adviser has (i) adopted and implemented written policies and procedures reasonably designed to prevent violation, by the investment adviser and its supervised persons, of the Advisers Act and the Commission rules adopted thereunder; (ii) implemented, at a minimum, an annual review regarding the adequacy of the policies and procedures established pursuant to subparagraph (i) above and the effectiveness of their implementation; and (iii) designated an individual (who is a supervised person) responsible for administering the policies and procedures adopted under subparagraph (i) above.</P>
        </FTNT>
        <P>Based on the Exchange's representations, the Commission believes that both the 2018 Index and 2019 Index are sufficiently broad-based and liquid to deter potential manipulation. As of May 1, 2012, there were 1,443 issues in the 2018 Index and 1,157 issues in the 2019 Index. As of the same date, 81.50% of the weight of the 2018 Index components and 81.66% of the weight of the 2019 Index components were comprised of individual maturities that were part of an entire municipal bond offering with a minimum original principal amount outstanding of $100 million or more for all maturities of the offering. In addition, the total dollar amount outstanding of issues in the 2018 Index was approximately $16.59 billion, and the average dollar amount outstanding of issues in the 2018 Index was approximately $11.50 million. The total dollar amount outstanding of issues in the 2019 Index was approximately $13.50 billion, and the average dollar amount outstanding of issues in the 2019 Index was approximately $11.67 million. Further, the most heavily weighted component represents 4.06% of the weight of the 2018 Index, and the five most heavily weighted components represent 8.20% of the weight of the 2018 Index.<SU>16</SU>
          <FTREF/>The most heavily weighted component represents 3.67% of the weight of the 2019 Index, and the five most heavily weighted components represent 9.62% of the weight of the 2019 Index.<SU>17</SU>
          <FTREF/>In addition, the average daily notional trading volume for 2018 Index components for the period April 1, 2011 to April 30, 2012 was $12,417,528, and the sum of the notional trading volumes for the same period was approximately $3.38 billion. The average daily notional trading volume for 2019 Index components for the period April 1, 2011 to April 30, 2012 was $14,434,454, and the sum of the notional trading volumes for the same period was approximately $3.93 billion. As of May 1, 2012, 54.78% of the 2018 Index weight and 52.52% of the 2019 Index weight consisted of issues with a rating of AA/Aa2 or higher.</P>
        <FTNT>
          <P>
            <SU>16</SU>Commentary .02(a)(4) to NYSE Arca Equities Rule 5.2(j)(3) provides that no component fixed-income security (excluding Treasury Securities and GSE Securities, as defined therein) shall represent more than 30% of the weight of the index or portfolio, and the five most heavily weighted component fixed-income securities in the index or portfolio shall not in the aggregate account for more than 65% of the weight of the index or portfolio.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>
            <E T="03">See id.</E>
          </P>
        </FTNT>
        <P>In support of this proposal, the Exchange has made representations, including:</P>
        <P>(1) Except for Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Shares of the Funds currently satisfy all of the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3).</P>
        <P>(2) The continued listing standards under NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to Units shall apply to the Shares.</P>
        <P>(3) The Shares will comply with all other requirements applicable to Units including, but not limited to, requirements relating to the dissemination of key information, such as the value of the Underlying Indexes and the applicable value of the IIV, rules governing the trading of equity securities, trading hours, trading halts, surveillance, information barriers, and the Information Bulletin to Equity Trading Permit Holders (each as described in more detail herein and in the Notice and Registration Statements, as applicable), as set forth in Exchange rules applicable to Units and prior Commission orders approving the generic listing rules applicable to the listing and trading of Units.</P>
        <P>(4) The Exchange has in place surveillance procedures that are adequate to properly monitor trading in the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws.</P>
        <P>(5) For initial and continued listing of the Shares, the Trust is required to comply with Rule 10A-3 under the Act.<SU>18</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>18</SU>
            <E T="03">See</E>17 CFR 240.10A-3.</P>
        </FTNT>
        <P>(6) The 2018 Fund generally will invest at least 80% of its assets in the securities of the 2018 Index, and the 2019 Fund generally will invest at least 80% of its assets in the securities of the 2019 Index.</P>
        <P>(7) The Investment Adviser expects that over time each Fund's tracking error<SU>19</SU>
          <FTREF/>will not exceed 5%.</P>
        <FTNT>
          <P>
            <SU>19</SU>Tracking error is the difference between the performance (return) of a Fund's portfolio and that of the applicable Underlying Index.</P>
        </FTNT>

        <P>(8) The 2018 Fund may at times invest up to 20% of its assets in cash and cash equivalents (including money market funds affiliated with the Investment<PRTPAGE P="61808"/>Adviser), as well as in municipal bonds not included in the 2018 Index, but which Investment Adviser believes will help the 2018 Fund track the 2018 Index. The 2019 Fund may at times invest up to 20% of its assets in cash and cash equivalents (including money market funds affiliated with Investment Adviser), as well as in municipal bonds not included in the 2019 Index, but which the Investment Adviser believes will help the 2019 Fund track the 2019 Index.</P>
        
        <FP>This approval order is based on all of the Exchange's representations, including those set forth above and in the Notice, and the Exchange's description of the Funds.</FP>
        
        <P>For the foregoing reasons, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act<SU>20</SU>
          <FTREF/>and the rules and regulations thereunder applicable to a national securities exchange.</P>
        <FTNT>
          <P>
            <SU>20</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <HD SOURCE="HD1">IV. Conclusion</HD>
        <P>
          <E T="03">It is therefore ordered,</E>pursuant to Section 19(b)(2) of the Act,<SU>21</SU>
          <FTREF/>that the proposed rule change (SR-NYSEArca-2012-92) be, and it hereby is, approved.</P>
        <FTNT>
          <P>
            <SU>21</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>22</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>22</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. 2012-24957 Filed 10-10-12; 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. 34-67984; File No. SR-BOX-2012-015]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule for Trading on BOX</SUBJECT>
        <DATE>October 4, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act” or “Exchange Act”)<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that on September 25, 2012, BOX Options Exchange LLC (the “Exchange”) 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 Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,<SU>3</SU>
          <FTREF/>and Rule 19b-4(f)(2) thereunder,<SU>4</SU>
          <FTREF/>which renders the proposal effective upon filing with the Commission. 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>
        <FTNT>
          <P>
            <SU>3</SU>15 U.S.C. 78s(b)(3)(A)(ii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>17 CFR 240.19b-4(f)(2).</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>

        <P>BOX Options Exchange LLC (the “Exchange”) proposes to add language to its Fee Schedule for trading on its options facility, BOX Market LLC (“BOX”) to specifically reference certain order types. The text of the proposed rule change is available from the principal office of the Exchange, on the Exchange's Internet Web site at<E T="03">http://boxexchange.com,</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 Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Exchange proposes additional language in Section I (Exchange Fees) of its Fee Schedule for trading on its options facility, BOX Market LLC (“BOX”) to specifically reference Auction Transaction<SU>5</SU>
          <FTREF/>order types, PIP Orders and Agency Orders. A PIP Order is a Customer Order (an agency order for the account of a Public Customer, Professional Customer, or a broker-dealer) designated for the BOX Price Improvement Period (“PIP”). An Agency Order is a block-size order that a BOX Order Flow Provider seeks to facilitate as agent through the BOX Facilitation Auction or Solicitation Auction mechanism.<SU>6</SU>
          <FTREF/>These Auction Transaction order types were assessed an Exchange Fee on BOX prior to May 14, 2012, and have continued to be assessed an Exchange Fee since the launch of trading on BOX on May 14, 2012. Note that prior to May 14, 2012, BOX was operated by Boston Options Exchange Group, LLC as an options trading facility of NASDAQ OMX BX, Inc. Upon the commencement of the Exchange's operations as a national securities exchange on May 14, 2012, the same automated trading system is now operated by BOX Market LLC as a facility of the Exchange. As such, the operation and functionalities of the system are the same as was in effect under the rules of the Boston Options Exchange Group, LLC facility. Additionally, the Exchange stated in its proposed rule change to establish fees for trading on BOX that all of the BOX fees as of May 14, 2012, were identical to fees in place prior to that date on the Boston Options Exchange Group, LLC options trading facility of NASDAQ OMX BX, Inc.<SU>7</SU>
          <FTREF/>The Exchange Fee for Auction Transactions for Broker-Dealers ($0.35) and Market Makers (a tiered fee set forth in Section I.B. of the fee schedule based on the Market Maker's average daily volume on BOX) were in place on the Boston Options Exchange Group, LLC facility and the Exchange fully intended for these Exchange Fees to be carried over and included on the BOX Market LLC facility of the Exchange. Similarly, the Exchange Fees for customer orders in Auction Transactions ($0.00 for Public Customers and Professional Customers) were inadvertently omitted from the initial Exchange fee schedule. This proposal will correct these clerical errors as of the date of this filing.</P>
        <FTNT>
          <P>
            <SU>5</SU>Auction Transactions are those transactions executed on BOX through the Price Improvement Period (“PIP”), the Solicitation Auction mechanism, and Facilitation Auction mechanism.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>Note that the addition of the definitions of these order types in proposed footnote 2 cause the remaining footnotes on the fee schedule to be renumbered to 3 through 5.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 66979 (May 14, 2012) 77 FR 29740 (May 18, 2012) (Notice of Immediate Effectiveness of Proposed Rule Change To Adopt the Fee Schedule For Trading on BOX).</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,<SU>8</SU>
          <FTREF/>in general, and Section 6(b)(5) of the Act,<SU>9</SU>

          <FTREF/>that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system,<PRTPAGE P="61809"/>and, in general, to protect investors and the public interest.</P>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>The Exchange believes the exchange fees for agency orders in Auction Transactions are reasonable. The proposed fee structure is intended to attract order flow to BOX, and the PIP in particular, by offering market participants incentives to submit their agency orders to BOX.</P>
        <P>Additionally, the Exchange believes it is equitable and not unfairly discriminatory for BOX Market Makers to have the opportunity to benefit from a potentially discounted fee less than that charged to broker-dealers. Market Makers have obligations that other Participants do not. In particular, they must maintain active two-sided markets in the classes in which they are appointed, and must meet certain minimum quoting requirements. As such, the Exchange believes it is appropriate that Market Makers be charged potentially lower transaction fees on BOX when they provide greater volumes of liquidity to the market.</P>
        <P>Further, the Exchange believes that the proposed tiered and potentially discounted fees for Market Makers that on a daily basis, trade an average daily volume (as calculated at the end of the month) of 10,000 contracts or more on BOX represents a fair and equitable allocation of reasonable dues, fees, and other charges as it is aimed at incentivizing these participants to provide a greater volume of liquidity to the market. The Exchange believes that giving incentives for this activity results in increased volume on BOX. Such increased volume increases potential revenue to BOX, and would allow BOX and the Exchange to spread its administrative and infrastructure costs over a greater number of transactions, leading to lower costs per transaction.</P>
        <P>The Exchange also believes it is equitable and not unfairly discriminatory that Public and Professional Customers not be charged fees for their agency orders in Auction Transactions as compared to broker-dealers on BOX. The securities markets generally, and BOX in particular, have historically aimed to improve markets for investors and develop various features within the market structure for customer benefit. As such, the Exchange believes the exchange fees for Public and Professional Customer Auction Transactions are appropriate and not unfairly discriminatory. The Exchange believes comparably lower customer transaction fees are reasonable. The Exchange believes it promotes the best interests of investors to have lower transaction costs for Public and Professional Customer orders in Auction Transactions, and that the low fees attract participants to submit order flow to the BOX Auction Transactions. The Exchange believes the fees charged to broker-dealers, and market makers are reasonable because they are designed to be comparable to the fees that such accounts would be charged at competing venues.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>
            <E T="03">See e.g.,</E>Taker Fees or Fees for Removing Liquidity on the ISE Fee Schedule and NASDAQ Options Pricing as of September 2012.</P>
        </FTNT>
        <P>Moreover, the Exchange believes the exchange fees for broker-dealer customer orders in Auction Transactions are reasonable. As stated above, BOX operates within a highly competitive business. The fees charged to broker-dealers are designed to be comparable to the fees that such accounts would be charged at competing venues. As stated, the Exchange believes it is equitable and not unfairly discriminatory to charge broker-dealer proprietary accounts comparably higher fees than BOX Market Makers and customers. As discussed, Market Makers have obligations that other Participants do not. In particular, they must maintain active two-sided markets in the classes in which they are appointed, and must meet certain minimum quoting requirements. As such, the Exchange believes it is appropriate that Market Makers be charged lower fees on BOX. The Exchange also believes it is equitable and not unfairly discriminatory that customers, including Professionals, be charged lower exchange fees for their customer orders in Auction Transactions than broker-dealers. The securities markets generally, and BOX in particular, have historically aimed to improve markets for investors and develop various features within the market structure for customer benefit. As such, the Exchange believes the proposed fees for broker-dealers, as compared to customers, is appropriate and not unfairly discriminatory.</P>
        <P>The Exchange believes that the BOX Exchange Fees for customer orders in Auction Transactions will keep BOX competitive with other exchanges as well as apply in such a manner so as to be equitable among BOX Participants. The Exchange believes the BOX Exchange Fees are fair, reasonable, and competitive with fees in place on other exchanges. Further, the Exchange believes that this competitive marketplace impacts the fees proposed for BOX.</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 Exchange Act<SU>11</SU>
          <FTREF/>and Rule 19b-4(f)(2) thereunder,<SU>12</SU>
          <FTREF/>because it establishes or changes a due, fee, or other charge applicable only to a member.</P>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78s(b)(3)(A)(ii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>17 CFR 240.19b-4(f)(2).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Exchange Act.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File Number SR-BOX-2012-015 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-BOX-2012-015. 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<PRTPAGE P="61810"/>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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BOX-2012-015 and should be submitted on or before November 1, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>13</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>13</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. 2012-24956 Filed 10-10-12; 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. 34-67979; File No. SR-NASDAQ-2012-108]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend Fee Pilot Program for NASDAQ Last Sale</SUBJECT>
        <DATE>October 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 September 24, 2012, The NASDAQ Stock Market LLC (“NASDAQ” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a 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>NASDAQ is proposing to extend for three months the fee pilot pursuant to which NASDAQ distributes the NASDAQ Last Sale (“NLS”) market data products. NLS allows data distributors to have access to real-time market data for a capped fee, enabling those distributors to provide free access to the data to millions of individual investors via the internet and television. Specifically, NASDAQ offers the “NASDAQ Last Sale for NASDAQ” and “NASDAQ Last Sale for NYSE/Amex” data feeds containing last sale activity in U.S. equities within the NASDAQ Market Center and reported to the FINRA/NASDAQ Trade Reporting Facility (“FINRA/NASDAQ TRF”), which is jointly operated by NASDAQ and the Financial Industry Regulatory Authority (“FINRA”). The purpose of this proposal is to extend the existing pilot program for three months, from October 1, 2012 to December 31, 2012.</P>
        <P>This pilot program supports the aspiration of Regulation NMS to increase the availability of proprietary data by allowing market forces to determine the amount of proprietary market data information that is made available to the public and at what price. During the pilot period, the program has vastly increased the availability of NASDAQ proprietary market data to individual investors. Based upon data from NLS distributors, NASDAQ believes that since its launch in July 2008, the NLS data has been viewed by over 50,000,000 investors on Web sites operated by Google, Interactive Data, and Dow Jones, among others.</P>
        <P>The text of the proposed rule change is below. Proposed new language is italicized; proposed deletions are in brackets.</P>
        <STARS/>
        <HD SOURCE="HD1">7039. NASDAQ Last Sale Data Feeds</HD>
        <EXTRACT>
          <P>(a) For a three month pilot period commencing on [July]<E T="03">October</E>1, 2012, NASDAQ shall offer two proprietary data feeds containing real-time last sale information for trades executed on NASDAQ or reported to the NASDAQ/FINRA Trade Reporting Facility.</P>
          <P>(1)-(2) No change.</P>
          <P>(b)-(c) No change.</P>
        </EXTRACT>
        <STARS/>
        <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>Prior to the launch of NLS, public investors that wished to view market data to monitor their portfolios generally had two choices: (1) Pay for real-time market data or (2) use free data that is 15 to 20 minutes delayed. To increase consumer choice, NASDAQ proposed a pilot to offer access to real-time market data to data distributors for a capped fee, enabling those distributors to disseminate the data at no cost to millions of internet users and television viewers. NASDAQ now proposes a three-month extension of that pilot program, subject to the same fee structure as is applicable today.</P>
        <P>NLS consists of two separate “Level 1” products containing last sale activity within the NASDAQ market and reported to the jointly-operated FINRA/NASDAQ TRF. First, the “NASDAQ Last Sale for NASDAQ” data product is a real-time data feed that provides real-time last sale information including execution price, volume, and time for executions occurring within the NASDAQ system as well as those reported to the FINRA/NASDAQ TRF. Second, the “NASDAQ Last Sale for NYSE/Amex” data product provides real-time last sale information including execution price, volume, and time for NYSE- and NYSE Amex-securities executions occurring within the NASDAQ system as well as those reported to the FINRA/NASDAQ TRF. By contrast, the securities information processors (“SIPs”) that provide “core” data consolidate last sale information from all exchanges and trade reporting facilities (“TRFs”). Thus, NLS replicates a subset of the information provided by the SIPs.</P>

        <P>NASDAQ established two different pricing models, one for clients that are able to maintain username/password<PRTPAGE P="61811"/>entitlement systems and/or quote counting mechanisms to account for usage, and a second for those that are not. Firms with the ability to maintain username/password entitlement systems and/or quote counting mechanisms are eligible for a specified fee schedule for the NASDAQ Last Sale for NASDAQ Product and a separate fee schedule for the NASDAQ Last Sale for NYSE/Amex Product. Firms that are unable to maintain username/password entitlement systems and/or quote counting mechanisms also have multiple options for purchasing the NASDAQ Last Sale data. These firms choose between a “Unique Visitor” model for internet delivery or a “Household” model for television delivery. Unique Visitor and Household populations must be reported monthly and must be validated by a third-party vendor or ratings agency approved by NASDAQ at NASDAQ's sole discretion. In addition, to reflect the growing confluence between these media outlets, NASDAQ offered a reduction in fees when a single distributor distributes NASDAQ Last Sale Data Products via multiple distribution mechanisms.</P>
        <P>NASDAQ also established a cap on the monthly fee, currently set at $50,000 per month for all NASDAQ Last Sale products. The fee cap enables NASDAQ to compete effectively against other exchanges that also offer last sale data for purchase or at no charge.</P>
        <P>As with the distribution of other NASDAQ proprietary products, all distributors of the NASDAQ Last Sale for NASDAQ and/or NASDAQ Last Sale for NYSE/Amex products pay a single $1,500/month NASDAQ Last Sale Distributor Fee in addition to any applicable usage fees. The $1,500 monthly fee applies to all distributors and does not vary based on whether the distributor distributes the data internally or externally or distributes the data via both the internet and television.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>NASDAQ believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,<SU>3</SU>
          <FTREF/>in general, and with Section 6(b)(4) of the Act,<SU>4</SU>
          <FTREF/>in particular, in that it provides an equitable allocation of reasonable fees among users and recipients of the data. In adopting Regulation NMS, the Commission granted self-regulatory organizations (“SROs”) and broker-dealers (“BDs”) increased authority and flexibility to offer new and unique market data to the public. It was believed that this authority would expand the amount of data available to consumers, and also spur innovation and competition for the provision of market data.</P>
        <FTNT>
          <P>
            <SU>3</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>NASDAQ believes that its NASDAQ Last Sale market data products are precisely the sort of market data product that the Commission envisioned when it adopted Regulation NMS. The Commission concluded that Regulation NMS—by lessening regulation of the market in proprietary data—would itself further the Act's goals of facilitating efficiency and competition:</P>
        
        <EXTRACT>
          <P>[E]fficiency is promoted when broker-dealers who do not need the data beyond the prices, sizes, market center identifications of the NBBO and consolidated last sale information are not required to receive (and pay for) such data. The Commission also believes that efficiency is promoted when broker-dealers may choose to receive (and pay for) additional market data based on their own internal analysis of the need for such data.<SU>5</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>5</SU>Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005).</P>
          </FTNT>
          
        </EXTRACT>
        <FP>By removing unnecessary regulatory restrictions on the ability of exchanges to sell their own data, Regulation NMS advanced the goals of the Act and the principles reflected in its legislative history. If the free market should determine whether proprietary data is sold to BDs at all, it follows that the price at which such data is sold should be set by the market as well.</FP>

        <P>The recent decision of the United States Court of Appeals for the District of Columbia Circuit in<E T="03">NetCoalition</E>v.<E T="03">SEC,</E>615 F.3d 525 (DC Cir. 2010), upheld the Commission's reliance upon competitive markets to set reasonable and equitably allocated fees for market data. “In fact, the legislative history indicates that the Congress intended that the market system `evolve through the interplay of competitive forces as unnecessary regulatory restrictions are removed' and that the SEC wield its regulatory power `in those situations where competition may not be sufficient,' such as in the creation of a `consolidated transactional reporting system.'<E T="03">NetCoalition,</E>at 535 (quoting H.R. Rep. No. 94-229, at 92 (1975),<E T="03">as reprinted in</E>1975 U.S.C.C.A.N. 321, 323). The court agreed with the Commission's conclusion that “Congress intended that `competitive forces should dictate the services and practices that constitute the U.S. national market system for trading equity securities.' ”<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">NetCoalition,</E>at 535.</P>
        </FTNT>
        <P>The Court in<E T="03">NetCoalition,</E>while upholding the Commission's conclusion that competitive forces may be relied upon to establish the fairness of prices, nevertheless concluded that the record<E T="03">in that case</E>did not adequately support the Commission's conclusions as to the competitive nature of the market for NYSEArca's data product at issue in that case. As explained below in NASDAQ's Statement on Burden on Competition, however, NASDAQ believes that there is substantial evidence of competition in the marketplace for data that was not in the record in the<E T="03">NetCoalition</E>case, and that the Commission is entitled to rely upon such evidence in concluding that the fees established in this filing are the product of competition, and therefore in accordance with the relevant statutory standards.<SU>7</SU>

          <FTREF/>Moreover, NASDAQ further notes that the product at issue in this filing—a NASDAQ last sale data product that replicates a subset of the information available through “core” data products whose fees have been reviewed and approved by the SEC—is quite different from the NYSEArca depth-of-book data product at issue in<E T="03">NetCoalition.</E>Accordingly, any findings of the court with respect to that product may not be relevant to the product at issue in this filing.</P>
        <FTNT>
          <P>
            <SU>7</SU>It should also be noted that Section 916 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”) has amended paragraph (A) of Section 19(b)(3) of the Act, 15 U.S.C. 78s(b)(3), to make it clear that all exchange fees, including fees for market data, may be filed by exchanges on an immediately effective basis. Although this change in the law does not alter the Commission's authority to evaluate and ultimately disapprove exchange rules if it concludes that they are not consistent with the Act, it unambiguously reflects a conclusion that market data fee changes do not require prior Commission review before taking effect, and that a proceeding with regard to a particular fee change is required only if the Commission determines that it is necessary or appropriate to suspend the fee and institute such a proceeding.</P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>NASDAQ does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. NASDAQ's ability to price its Last Sale Data Products is constrained by (1) Competition between exchanges and other trading platforms that compete with each other in a variety of dimensions; (2) the existence of inexpensive real-time consolidated data and market-specific data and free delayed consolidated data; and (3) the inherent contestability of the market for proprietary last sale data.</P>

        <P>The market for proprietary last sale data products is currently competitive<PRTPAGE P="61812"/>and inherently contestable because there is fierce competition for the inputs necessary to the creation of proprietary data and strict pricing discipline for the proprietary products themselves. Numerous exchanges compete with each other for listings, trades, and market data itself, providing virtually limitless opportunities for entrepreneurs who wish to produce and distribute their own market data. This proprietary data is produced by each individual exchange, as well as other entities, in a vigorously competitive market.</P>
        <P>Transaction execution and proprietary data products are complementary in that market data is both an input and a byproduct of the execution service. In fact, market data and trade execution are a paradigmatic example of joint products with joint costs. The decision whether and on which platform to post an order will depend on the attributes of the platform where the order can be posted, including the execution fees, data quality and price, and distribution of its data products. Without trade executions, exchange data products cannot exist. Moreover, data products are valuable to many end users only insofar as they provide information that end users expect will assist them or their customers in making trading decisions.</P>

        <P>The costs of producing market data include not only the costs of the data distribution infrastructure, but also the costs of designing, maintaining, and operating the exchange's transaction execution platform and the cost of regulating the exchange to ensure its fair operation and maintain investor confidence. The total return that a trading platform earns reflects the revenues it receives from both products and the joint costs it incurs. Moreover, the operation of the exchange is characterized by high fixed costs and low marginal costs. This cost structure is common in content and content distribution industries such as software, where developing new software typically requires a large initial investment (and continuing large investments to upgrade the software), but once the software is developed, the incremental cost of providing that software to an additional user is typically small, or even zero (<E T="03">e.g.,</E>if the software can be downloaded over the internet after being purchased).<SU>8</SU>

          <FTREF/>In NASDAQ's case, it is costly to build and maintain a trading platform, but the incremental cost of trading each additional share on an existing platform, or distributing an additional instance of data, is very low. Market information and executions are each produced jointly (in the sense that the activities of trading and placing orders are<E T="03">the</E>source of the information that is distributed) and are each subject to significant scale economies. In such cases, marginal cost pricing is not feasible because if all sales were priced at the margin, NASDAQ would be unable to defray its platform costs of providing the joint products.</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See</E>William J. Baumol and Daniel G. Swanson, “The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power,”<E T="03">Antitrust Law Journal,</E>Vol. 70, No. 3 (2003).</P>
        </FTNT>
        <P>An exchange's BD customers view the costs of transaction executions and of data as a unified cost of doing business with the exchange. A BD will direct orders to a particular exchange only if the expected revenues from executing trades on the exchange exceed net transaction execution costs and the cost of data that the BD chooses to buy to support its trading decisions (or those of its customers). The choice of data products is, in turn, a product of the value of the products in making profitable trading decisions. If the cost of the product exceeds its expected value, the BD will choose not to buy it. Moreover, as a BD chooses to direct fewer orders to a particular exchange, the value of the product to that BD decreases, for two reasons. First, the product will contain less information, because executions of the BD's trading activity will not be reflected in it. Second, and perhaps more important, the product will be less valuable to that BD because it does not provide information about the venue to which it is directing its orders. Data from the competing venue to which the BD is directing orders will become correspondingly more valuable.</P>
        <P>Similarly, in the case of products such as NLS that are distributed through market data vendors, the vendors provide price discipline for proprietary data products because they control the primary means of access to end users. Vendors impose price restraints based upon their business models. For example, vendors such as Bloomberg and Reuters that assess a surcharge on data they sell may refuse to offer proprietary products that end users will not purchase in sufficient numbers. Internet portals, such as Google, impose a discipline by providing only data that will enable them to attract “eyeballs” that contribute to their advertising revenue. Retail BDs, such as Schwab and Fidelity, offer their customers proprietary data only if it promotes trading and generates sufficient commission revenue. Although the business models may differ, these vendors' pricing discipline is the same: they can simply refuse to purchase any proprietary data product that fails to provide sufficient value. NASDAQ and other producers of proprietary data products must understand and respond to these varying business models and pricing disciplines in order to market proprietary data products successfully. Moreover, NASDAQ believes that products such as NLS can enhance order flow to NASDAQ by providing more widespread distribution of information about transactions in real time, thereby encouraging wider participation in the market by investors with access to the internet or television. Conversely, the value of such products to distributors and investors decreases if order flow falls, because the products contain less content.</P>
        <P>Analyzing the cost of market data distribution in isolation from the cost of all of the inputs supporting the creation of market data will inevitably underestimate the cost of the data. Thus, because it is impossible to create data without a fast, technologically robust, and well-regulated execution system, system costs and regulatory costs affect the price of market data. It would be equally misleading, however, to attribute all of the exchange's costs to the market data portion of an exchange's joint product. Rather, all of the exchange's costs are incurred for the unified purposes of attracting order flow, executing and/or routing orders, and generating and selling data about market activity. The total return that an exchange earns reflects the revenues it receives from the joint products and the total costs of the joint products.</P>

        <P>Competition among trading platforms can be expected to constrain the aggregate return each platform earns from the sale of its joint products, but different platforms may choose from a range of possible, and equally reasonable, pricing strategies as the means of recovering total costs. NASDAQ pays rebates to attract orders, charges relatively low prices for market information and charges relatively high prices for accessing posted liquidity. Other platforms may choose a strategy of paying lower liquidity rebates to attract orders, setting relatively low prices for accessing posted liquidity, and setting relatively high prices for market information. Still others may provide most data free of charge and rely exclusively on transaction fees to recover their costs. Finally, some platforms may incentivize use by providing opportunities for equity ownership, which may allow them to charge lower direct fees for executions and data.<PRTPAGE P="61813"/>
        </P>
        <P>In this environment, there is no economic basis for regulating maximum prices for one of the joint products in an industry in which suppliers face competitive constraints with regard to the joint offering. Such regulation is unnecessary because an “excessive” price for one of the joint products will ultimately have to be reflected in lower prices for other products sold by the firm, or otherwise the firm will experience a loss in the volume of its sales that will be adverse to its overall profitability. In other words, an increase in the price of data will ultimately have to be accompanied by a decrease in the cost of executions, or the volume of both data and executions will fall.</P>
        <P>The level of competition and contestability in the market is evident in the numerous alternative venues that compete for order flow, including thirteen SRO markets, as well as internalizing BDs and various forms of alternative trading systems (“ATSs”), including dark pools and electronic communication networks (“ECNs”). Each SRO market competes to produce transaction reports via trade executions, and two FINRA-regulated TRFs compete to attract internalized transaction reports. It is common for BDs to further and exploit this competition by sending their order flow and transaction reports to multiple markets, rather than providing them all to a single market. Competitive markets for order flow, executions, and transaction reports provide pricing discipline for the inputs of proprietary data products.</P>
        <P>The large number of SROs, TRFs, BDs, and ATSs that currently produce proprietary data or are currently capable of producing it provides further pricing discipline for proprietary data products. Each SRO, TRF, ATS, and BD is currently permitted to produce proprietary data products, and many currently do or have announced plans to do so, including NASDAQ, NYSE, NYSEAmex, NYSEArca, BATS, and Direct Edge.</P>
        <P>Any ATS or BD can combine with any other ATS, BD, or multiple ATSs or BDs to produce joint proprietary data products. Additionally, order routers and market data vendors can facilitate single or multiple BDs' production of proprietary data products. The potential sources of proprietary products are virtually limitless.</P>
        <P>The fact that proprietary data from ATSs, BDs, and vendors can by-pass SROs is significant in two respects. First, non-SROs can compete directly with SROs for the production and sale of proprietary data products, as BATS and Arca did before registering as exchanges by publishing proprietary book data on the Internet. Second, because a single order or transaction report can appear in a core data product, an SRO proprietary product, and/or a non-SRO proprietary product, the data available in proprietary products is exponentially greater than the actual number of orders and transaction reports that exist in the marketplace. Indeed, in the case of NLS, the data provided through that product appears both in (i) real-time core data products offered by the SIPs for a fee, and (ii) free SIP data products with a 15-minute time delay, and finds a close substitute in last-sale products of competing venues.</P>
        <P>In addition to the competition and price discipline described above, the market for proprietary data products is also highly contestable because market entry is rapid, inexpensive, and profitable. The history of electronic trading is replete with examples of entrants that swiftly grew into some of the largest electronic trading platforms and proprietary data producers: Archipelago, Bloomberg Tradebook, Island, RediBook, Attain, TracECN, BATS Trading and Direct Edge. Today, BATS and Direct Edge provide data at no charge in order to attract order flow, and use market data revenue rebates from the resulting executions to maintain low execution charges for their users. A proliferation of dark pools and other ATSs operate profitably with fragmentary shares of consolidated market volume.</P>
        <P>Regulation NMS, by deregulating the market for proprietary data, has increased the contestability of that market. While BDs have previously published their proprietary data individually, Regulation NMS encourages market data vendors and BDs to produce proprietary products cooperatively in a manner never before possible. Multiple market data vendors already have the capability to aggregate data and disseminate it on a profitable scale, including Bloomberg and Thomson Reuters.</P>

        <P>Moreover, consolidated data provides two additional measures of pricing discipline for proprietary data products that are a subset of the consolidated data stream. First, the consolidated data is widely available in real-time at $1 per month for non-professional users. Second, consolidated data is also available<E T="03">at no cost</E>with a 15- or 20- minute delay. Because consolidated data contains marketwide information, it effectively places a cap on the fees assessed for proprietary data (such as last sale data) that is simply a subset of the consolidated data. The mere availability of low-cost or free consolidated data provides a powerful form of pricing discipline for proprietary data products that contain data elements that are a subset of the consolidated data, by highlighting the optional nature of proprietary products.</P>

        <P>The competitive nature of the market for products such as NLS is borne out by the performance of the market. In May 2008, the internet portal Yahoo! began offering its Web site viewers real-time last sale data (as well as best quote data) provided by BATS Trading. In response, in June 2008, NASDAQ launched NLS, which was initially subject to an “enterprise cap” of $100,000 for customers receiving only one of the NLS products, and $150,000 for customers receiving both products. The majority of NASDAQ's sales were at the capped level. In early 2009, BATS expanded its offering of free data to include depth-of-book data. Also in early 2009, NYSEArca announced the launch of a competitive last sale product with an enterprise price of $30,000 per month. In response, NASDAQ combined the enterprise cap for the NLS products and reduced the cap to $50,000 (<E T="03">i.e.,</E>a reduction of $100,000 per month). Although each of these products offers only a specific subset of data available from the SIPs, NASDAQ believes that the products are viewed as substitutes for each other and for core last-sale data, rather than as products that must be obtained in tandem. For example, while the internet portal Yahoo! continues to disseminate only the BATS last sale product, Google disseminates only NASDAQ's product.</P>

        <P>In this environment, a super-competitive increase in the fees charged for either transactions or data has the potential to impair revenues from both products. “No one disputes that competition for order flow is `fierce'.”<E T="03">NetCoalition</E>at 24. The existence of fierce competition for order flow implies a high degree of price sensitivity on the part of BDs with order flow, since they may readily reduce costs by directing orders toward the lowest-cost trading venues. A BD that shifted its order flow from one platform to another in response to order execution price differentials would both reduce the value of that platform's market data and reduce its own need to consume data from the disfavored platform. If a platform increases its market data fees, the change will affect the overall cost of doing business with the platform, and affected BDs will assess whether they can lower their trading costs by directing orders elsewhere and thereby lessening the need for the more expensive data. Similarly, increases in the cost of NLS would impair the willingness of distributors to take a<PRTPAGE P="61814"/>product for which there are numerous alternatives, impacting NLS data revenues, the value of NLS as a tool for attracting order flow, and ultimately, the volume of orders routed to NASDAQ and the value of its other data products.</P>
        <P>In establishing the price for the NASDAQ Last Sale Products, NASDAQ considered the competitiveness of the market for last sale data and all of the implications of that competition. NASDAQ believes that it has considered all relevant factors and has not considered irrelevant factors in order to establish fair, reasonable, and not unreasonably discriminatory fees and an equitable allocation of fees among all users. The existence of numerous alternatives to NLS, including real-time consolidated data, free delayed consolidated data, and proprietary data from other sources ensures that NASDAQ cannot set unreasonable fees, or fees that are unreasonably discriminatory, without losing business to these alternatives. Accordingly, NASDAQ believes that the acceptance of the NLS product in the marketplace demonstrates the consistency of these fees with applicable statutory standards.</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>Three comment letters were filed regarding the proposed rule change as originally published for comment NASDAQ responded to these comments in a letter dated December 13, 2007. Both the comment letters and NASDAQ's response are available on the SEC Web site at<E T="03">http://www.sec.gov/comments/sr-nasdaq-2006-060/nasdaq2006060.shtml.</E>In addition, in response to prior filings to extend the NLS pilot,<SU>9</SU>

          <FTREF/>the Securities Industry and Financial Markets Association (“SIFMA”) and NetCoalition filed comment letters contending that the SEC should suspend and institute disapproval proceedings with respect to the filing. Last year, SIFMA and NetCoalition filed a petition seeking review by the United States Court of Appeals for the District of Columbia Circuit with respect to the NLS pricing pilots in effect from July 1, 2011 through September 30, 2011 and from October 1, 2011 through December 31, 2011. These appeals have been stayed pending resolution of the consolidated case<E T="03">NetCoalition</E>v.<E T="03">SEC,</E>Nos. 10-1421, 10-1422, 11-1001, and 11-1065 (“<E T="03">NetCoalition II”</E>), which is scheduled for oral argument in November 2012.</P>
        <FTNT>
          <P>
            <SU>9</SU>Securities Exchange Act Release No. 67376 (July 9, 2012), 77 FR 41467 (July 13, 2012) (SR-NASDAQ-2012-078); Securities Exchange Act Release No. 65488 (October 5, 2011), 76 FR 63334 (October 21, 2011) (SR-NASDAQ-2011-132); Securities Exchange Act Release No. 64856 (July 12, 2011), 76 FR 41845 (July 15, 2011) (SR-NASDAQ-2011-092); Securities Exchange Act Release No. 64188 (April 5, 2011), 76 FR 20054 (April 11, 2011) (SR-NASDAQ-2011-044).</P>
        </FTNT>

        <P>While containing a few superficial modifications from prior letters, SIFMA and NetCoalition's most recently submitted letter continues to mischaracterize the import of the original<E T="03">NetCoalition</E>case. Specifically, the court made findings about the extent of the Commission's record in support of determinations about a depth-of-book product offered by NYSEArca. In making this limited finding, the court nevertheless squarely rejected contentions that cost-based review of market data fees was required by the Act:</P>
        
        <EXTRACT>
          <P>The petitioners believe that the SEC's market-based approach is prohibited under the Exchange Act because the Congress intended “fair and reasonable” to be determined using a cost-based approach. The SEC counters that, because it has statutorily-granted flexibility in evaluating market data fees, its market-based approach is fully consistent with the Exchange Act. We agree with the SEC.<SU>10</SU>
            <FTREF/>
          </P>
        </EXTRACT>
        <FTNT>
          <P>
            <SU>10</SU>
            <E T="03">NetCoalition,</E>615 F3d. at 534.</P>
        </FTNT>
        

        <FP>While the court noted that cost data could sometimes be relevant in determining the reasonableness of fees, it acknowledged that submission of cost data may be inappropriate where there are “difficulties in calculating the direct costs * * * of market data,”<E T="03">Id.</E>at 539. That is the case here, due to the fact that the fixed costs of market data production are inseparable from the fixed costs of providing a trading platform, and the marginal costs of market data production are minimal or even zero. Because the costs of providing execution services and market data are not unique to either of the provided services, there is no meaningful way to allocate these costs among the two “joint products”—and any attempt to do so would result in inherently arbitrary cost allocations.<SU>11</SU>
          <FTREF/>
        </FP>
        <FTNT>
          <P>

            <SU>11</SU>The court also explicitly acknowledged that the “joint product” theory set forth by NASDAQ's economic experts in<E T="03">NetCoalition</E>(and also described in this filing) could explain the competitive dynamic of the market and explain why consideration of cost data would be unavailing. The court found, however, that the Commission could not rely on the theory because it was not in the Commission's record.<E T="03">Id.</E>at 541 n.16. For the purpose of providing a complete explanation of the theory, NASDAQ is further submitting as Exhibit 3 to this filing a study that was submitted to the Commission in SR-NASDAQ-2011-010.<E T="03">See</E>Statement of Janusz Ordover and Gustavo Bamberger at 2-17 (December 29, 2010).</P>
        </FTNT>

        <P>SIFMA and NetCoalition further contend the prior filing lacked evidence supporting a conclusion that the market for NLS is competitive, asserting that arguments about competition for order flow and substitutability were rejected in<E T="03">NetCoalition.</E>While the court did determine that the record before it was not sufficient to allow it to endorse those theories on the facts of that case, the court did not itself make any conclusive findings about the actual presence or absence of competition or the accuracy of these theories: rather, it simply made a finding about the state of the SEC's record. Moreover, analysis about competition in the market for depth-of-book data is only tangentially relevant to the market for last sale data. As discussed above and in prior filings, perfect and partial substitutes for NLS exist in the form of real-time core market data, free delayed core market data, and the last sale products of competing venues, additional competitive entry is possible, and evidence of competition is readily apparent in the pricing behavior of the venues offering last sale products and the consumption patterns of their customers. Thus, although NASDAQ believes that the competitive nature of the market for all market data, including depth-of-book data, will ultimately be established, SIFMA and NetCoalition's letters not only mischaracterize the<E T="03">NetCoalition</E>decision, they also fail to address the characteristics of the product at issue and the evidence already presented.</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>12</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>12</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:<PRTPAGE P="61815"/>
        </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-NASDAQ-2012-108 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-NASDAQ-2012-108. 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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2012-108 and should be submitted on or before November 1, 2012.<FTREF/>
        </FP>
        <FTNT>
          <P>
            <SU>13</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>13</SU>
          </P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-24968 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13288 and #13289]</DEPDOC>
        <SUBJECT>California Disaster #CA-00190</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Amendment 1.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is an amendment of the Administrative declaration of a disaster for the State of California dated 09/14/2012.</P>
          <P>
            <E T="03">Incident:</E>Brawley Earthquakes.</P>
          <P>
            <E T="03">Incident Period:</E>08/26/2012 through 09/09/2012.</P>
          <P>
            <E T="03">Effective Date:</E>10/03/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>11/13/2012.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>06/14/2013.</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>The notice of the Administrator's disaster declaration for the State of California, dated 09/14/2012 I hereby amended to establish the incident period for this disaster as beginning on 08/26/2012 and continuing through 09/09/2012.</P>
        <P>All other information in the original declaration remains unchanged.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Karen G. Mills,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24950 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
        <DEPDOC>[Public Notice 8059]</DEPDOC>
        <SUBJECT>30-Day Notice of Proposed Information Collection: Petition To Classify Special Immigrant as an Employee or Former Employee of the U.S. Government Abroad</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of request for public comment and submission to OMB of proposed collection of information.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of State has submitted the information collection request described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATE(S):</HD>
          <P>Submit comments directly to the Office of Management and Budget (OMB) up to November 13, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods:</P>
          <P>•<E T="03">Email: oira_submission@omb.eop.gov.</E>You must include the DS form number, information collection title, and OMB control number in the subject line of your message.</P>
          <P>•<E T="03">Fax:</E>202-395-5806. Attention: Desk Officer for Department of State.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>You may obtain copies of the proposed information collection and supporting documents from Sydney Taylor, Office of Visa Services, U.S Department of State, 2401 E. Street NW., L-630, Washington, DC who may be reached at 202-663-3721.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">•<E T="03">Title of Information Collection:</E>Petition to Classify Special Immigrant Under INA 203(b)(4) as an employee or former employee of the U.S. Government Abroad</P>
        <P>•<E T="03">OMB Control Number:</E>1405-0082</P>
        <P>•<E T="03">Type of Request:</E>Extension of a Currently Approved Collection</P>
        <P>•<E T="03">Originating Office:</E>CA/VO/L/R</P>
        <P>•<E T="03">Form Number:</E>DS-1884</P>
        <P>•<E T="03">Respondents:</E>Aliens petitioning for immigrant visas under INA 203(b)(4) as a special immigrant described in INA section 101(a)(27)(D)</P>
        <P>•<E T="03">Estimated Number of Respondents:</E>300</P>
        <P>•<E T="03">Estimated Number of Responses:</E>300</P>
        <P>•<E T="03">Average Time per Response:</E>10 minutes</P>
        <P>•<E T="03">Total Estimated Burden Time:</E>50 hours</P>
        <P>•<E T="03">Frequency:</E>Once per petition</P>
        <P>•<E T="03">Obligation To Respond:</E>Required to obtain benefits</P>
        
        <FP>We are soliciting public comments to permit the Department to:</FP>
        <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.<PRTPAGE P="61816"/>
        </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>
        
        <EXTRACT>
          <P>
            <E T="03">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.</E>
          </P>
        </EXTRACT>
        
        <P>
          <E T="03">Abstract of proposed collection:</E>DS-1884 solicits information from petitioners claiming employment-based immigrant visa preference under section 203(b)(4) of the Immigration and Nationality Act on the basis of qualification as a special immigrant described in INA section 101(a)(27)(D). A petitioner may file the DS-1884 petition within one year of notification by the Department of State that the Secretary has approved a recommendation that such special immigrant status be accorded to the alien. DS-1884 solicits information that will assist the consular officer in ensuring that the petitioner is statutorily qualified to receive such status, including meeting the years of service and exceptional service requirements.</P>
        <P>
          <E T="03">Methodology: This form can be obtained from posts abroad or through the Department's eForms intranet site. The application available through eForms allows the applicant to complete the application online and then print the application. Most applicants are current federal government employees abroad and have access to the intranet system. Once the form is printed, it is submitted to post.</E>
        </P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Don Heflin,</NAME>
          <TITLE>Acting Deputy Assistant Secretary, Visa Services, Bureau of Consular Affairs, Department of State.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25028 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4710-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE</AGENCY>
        <SUBJECT>Trade Policy Staff Committee: Request for Comments From the Public Regarding Granting Certain Trade Benefits to Aruba, Curaçao, Sint Maarten, the Turks and Caicos Islands, the Bahamas, Dominica, Grenada, Montserrat, St. Kitts and Nevis and St. Vincent and the Grenadines</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the United States Trade Representative.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Trade Policy Staff Committee (TPSC) is seeking comments from the public on whether Curaçao, Sint Maarten, and the Turks and Caicos Islands should be designated as eligible to receive benefits under the Caribbean Basin Economic Recovery Act (CBERA) as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701<E T="03">et seq.</E>) and whether Aruba, the Bahamas, Dominica, Grenada, Montserrat, St. Kitts and Nevis and St. Vincent and the Grenadines (“St. Vincent”) should be designated as eligible to receive benefits under CBTPA. Although Congress identified the Turks and Caicos Islands as potentially eligible for benefits in 1983, the Turks and Caicos Islands did not request beneficiary status until July 2012. Similarly, although the Congress identified the Bahamas, Grenada, Montserrat, St. Kitts and Nevis and St. Vincent for benefits under CBERA in 1983 and CBTPA in 2000, these countries did not request benefits under CBTPA until 2012. Aruba was designated as a beneficiary country of CBERA benefits effective as of January 1, 1986 upon becoming independent of the Netherlands Antilles in 1986, and requested CBTPA benefits in October 2012. As a result of the dissolution of the Netherlands Antilles in October of 2010, Curaçao and Sint Maarten became successor political entities of the Netherlands Antilles and eligible to receive benefits as such. Curaçao and Sint Maarten requested the receipt of CBERA and CBTPA benefits in, respectively, July and June of 2012.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments are due no later than midnight, November 9, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>USTR strongly prefers electronic submissions made at<E T="03">http://www.regulations.gov</E>, docket number USTR-2012-0028 See “Requirements for Submission,” below. If you are unable to make a submission at<E T="03">www.regulations.gov</E>, please contact Don Eiss, Trade Policy Staff Committee, at (202) 395-3475 to make other arrangements.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For procedural questions concerning written comments, contact Don Eiss, Office of the United States Trade Representative, at (202) 395-3475. All other questions should be directed to Fran Huegel, Office of the Americas, Office of the United States Trade Representative, 600 17th Street NW., Room 523, Washington, DC 20508. Her telephone number is (202) 395-6135.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Interested parties are invited to submit comments on whether Curaçao, Sint Maarten, and the Turks and Caicos Islands meet or fail to satisfy the eligibility criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended, and whether the Bahamas, Grenada, Montserrat, St. Kitts and Nevis and St. Vincent meet or fail to satisfy the eligibility criteria described in section 213(b)(5)(B) of the CBERA, as amended. Those criteria may be accessed at<E T="03">http://www.gpo.gov/fdsys/pkg/USCODE-2011-title19/html/USCODE-2011-title19-chap15.htm</E>and are summarized below.</P>
        <HD SOURCE="HD1">Eligibility Criteria for Designation as a Beneficiary Under CBERA and CBTPA</HD>

        <P>After a country, territory or successor political entity identified in the statute as a potential beneficiary country requests benefits under CBERA and CBTPA, the President must determine whether to designate it as a beneficiary under the two programs. The President shall consider only the specified countries, territories, or successor political entities. In determining whether to designate a country as a CBERA beneficiary country, the President must take into account the criteria contained in section 212(b) of the CBERA, which include whether the country,<E T="03">inter alia:</E>(1) Is a Communist country; (2) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, or taken certain steps described in the statute that have such an effect, without proper compensation or arbitration of the dispute; (3) fails to act in good faith in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 percent or more beneficially owned by United States citizens; (4) affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce; (5) owns an entity that engages in the broadcast of copyrighted material belonging to United States copyright owners without their express consent; (6) is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and (7) has not or is not taking steps to afford internationally recognized worker rights (as defined in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) to workers in the country.</P>

        <P>The President must also take into account the criteria contained in section 212 (c) of the CBERA, which include,<E T="03">inter alia:</E>(1) The economic conditions in such country; (2) the extent to which<PRTPAGE P="61817"/>such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country; (3) the degree to which such country follows the accepted rules of international trade provided for under the World Trade Organization (WTO) Agreement and the multilateral trade agreements; (4) the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade; (5) the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region; (6) the degree to which such country is undertaking self-help measures to promote its own economic development; (7) whether or not such country has taken or is taking steps to afford to workers in that country internationally recognized worker rights; (8) the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property; (9) the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material belonging to United States copyright owners without their express consent; (10) and the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of the CBERA.</P>
        <HD SOURCE="HD1">Eligibility Criteria for CBTPA Beneficiary Countries</HD>
        <P>In determining whether to designate a country as a CBTPA beneficiary country, the President must take into account the criteria contained in sections 212(b) and (c) of CBERA described above, and other appropriate criteria, including the following criteria contained in section 213(b)(5)(B) of the CBERA: (1) Whether the beneficiary country has demonstrated a commitment to undertake its obligations under the WTO Agreement; (2) participates in negotiations toward the completion of the Free Trade Area of the Americas or another free trade agreement; (3) the extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); (4) the extent to which the country provides internationally recognized worker rights; (5) whether the country has implemented its commitments to eliminate the worst forms of child labor; (6) the extent to which the country has met U.S. counter-narcotics certification criteria under the Foreign Assistance Act of 1961; (7) the extent to which the country has taken steps to become a party to and implement the Inter-American Convention Against Corruption; and (8) the extent to which the country applies transparent, nondiscriminatory and competitive procedures in government procurement and contributes to efforts in international fora to develop and implement rules on transparency in government procurement.</P>
        <P>Additionally, before a country can receive benefits under the CBTPA, the President must also determine that the country has satisfied the requirements of section 213(b)(4)(A)(ii) of CBERA (19 U.S.C. 2703(b)(4)(A)(ii)) relating to the implementation of procedures and requirements similar to the relevant procedures and requirements under chapter 5 of the North American Free Trade Agreement.</P>
        <P>
          <E T="03">Requirements for Submissions.</E>Persons submitting comments must do so in English and must identify (on the first page of the submission) the “CBERA and/or CBTPA Eligibility for [insert names of countries upon which you are commenting].” Written comments must be received by November 9, 2012.</P>

        <P>In order to ensure the most timely and expeditious receipt and consideration of comments, USTR has arranged to accept on-line submissions via<E T="03">www.regulations.gov.</E>To submit comments via<E T="03">www.regulations.gov</E>, enter docket number USTR-2012-0028 on the home page and click “go”. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting “Notice” under “Document Type” on the left side of the search-results page, and click on the link entitled “Send a Comment or Submission.” (For further information on using the<E T="03">www.regulations.gov</E>Web site, please consult the resources provided on the Web site by clicking on “How to Use This Site” on the left side of the home page.)</P>
        <P>The<E T="03">www.regulations.gov</E>Web site provides the option of making submissions by filling in a “General Comments” field, or by attaching a document. We expect that most submissions will be provided in an attached document. If a document is attached, it is sufficient to type “See attached” in the “General Comments” field.</P>
        <P>Submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) are preferred. If an application other than those two is used, please identify in your submission the specific application used. For any comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters “BC” and must be submitted separately from the public version. Any page containing business confidential information must be clearly marked “BUSINESS CONFIDENTIAL” on the top of that page. If you file comments containing business confidential information you must also submit a public version of the comments under a separate submission. The file name of the public version should begin with the character “P”. The “BC” and “P” should be followed by the name of the person or entity submitting the comments. If you submit comments that contain no business confidential information, the file name should begin with the character “P”, followed by the name of the person or entity submitting the comments. Electronic submissions should not attach separate cover letters; rather, information that might appear in a cover letter should be included in the comments you submit. Similarly, to the extent possible, please include any exhibits, annexes, or other attachments to a submission in the same file as the submission itself and not as separate files.</P>

        <P>We strongly urge submitters to use electronic filing. If an on-line submission is impossible, alternative arrangements must be made with Mr. Eiss prior to delivery for the receipt of such submissions. Mr. Eiss may be contacted at (202) 395-3475. General information concerning the Office of the United States Trade Representative may be obtained by accessing its Internet Web site (<E T="03">http://www.ustr.gov</E>).</P>
        <SIG>
          <NAME>John Melle,</NAME>
          <TITLE>Assistant United States Trade Representative for the Western Hemisphere.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25063 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3290-F3-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61818"/>
        <AGENCY TYPE="S">OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE</AGENCY>
        <DEPDOC>[Dispute No. WTO/DS440]</DEPDOC>
        <SUBJECT>WTO Dispute Settlement Proceeding Regarding United States—Anti-Dumping and Countervailing Duties on Certain Automobiles From the United States</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the United States Trade Representative.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Office of the United States Trade Representative (“USTR”) is providing notice that on September 18, 2012, the United States requested the establishment of a dispute settlement panel under the<E T="03">Marrakesh Agreement Establishing the World Trade Organization</E>(“WTO Agreement”) with the People's Republic of China (“China”) concerning China's anti-dumping and countervailing duties on certain automobiles from the United States. That request may be found at<E T="03">www.wto.org</E>in a document designated as WT/DS440/2. USTR invites written comments from the public concerning the issues raised in this dispute.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before November 16, 2012, to be assured of timely consideration by USTR.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Public comments should be submitted electronically to<E T="03">www.regulations.gov</E>, docket number USTR-2012-0016. If you are unable to provide submissions at<E T="03">www.regulations.gov</E>, please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395-3640.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dan Stirk, Associate General Counsel, Office of the United States Trade Representative; or Joseph Rieras, Assistant General Counsel, Office of the United States Trade Representative. Contact information is: 600 17th Street NW., Washington, DC 20508, (202) 395-3150.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Section 127(b)(1) of the Uruguay Round Agreements Act (“URAA”) (19 U.S.C. 3537(b)(1)) requires that notice and opportunity for comment be provided after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that the United States has requested a panel pursuant to the WTO<E T="03">Understanding on Rules and Procedures Governing the Settlement of Disputes</E>(“DSU”). Once it is established, the panel will hold its meetings in Geneva, Switzerland, and would be expected to issue a report on its findings and recommendations within nine months after it is established.</P>
        <HD SOURCE="HD1">Major Issues Raised by the United States</HD>

        <P>The United States considers that certain measures imposing antidumping and countervailing duties on certain automobiles from the United States are inconsistent with China's obligations under the WTO Agreement. The measures are set forth in the Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 20 [2011] and Notice No. 84 [2011], including any and all annexes. These measures appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and Paragraph 1 of Annex II of the WTO<E T="03">Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994</E>(“AD Agreement”); Articles 10, 11.4, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 22.3, and 22.5 of the WTO<E T="03">Agreement on Subsidies and Countervailing Measures</E>(“SCM Agreement”); and Article VI of the<E T="03">General Agreement on Tariffs and Trade 1994 (</E>“GATT 1994”). On July 5, 2012, the United States requested consultations with China. That request may be found at<E T="03">www.wto.org</E>contained in a document designated as WT/DS440/1. The United States and China held consultations on August 23, 2012, but the consultations did not resolve the matter.</P>
        <HD SOURCE="HD1">Public Comment: Requirements for Submissions</HD>

        <P>Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit public comments electronically to<E T="03">www.regulations.gov</E>docket number USTR-2012-0016. If you are unable to provide submissions at<E T="03">www.regulations.gov,</E>please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission.</P>
        <P>To submit comments via<E T="03">www.regulations.gov,</E>enter docket number USTR-2012-0016 on the home page and click “search”. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting “Notice” under “Document Type” on the left side of the search-results page, and click on the link entitled “Comment Now!.” (For further information on using the<E T="03">www.regulations.gov</E>Web site, please consult the resources provided on the Web site by clicking on “How to Use Regulations.gov Site” on the bottom of the page.)</P>
        <P>The<E T="03">www.regulations.gov</E>site provides the option of providing comments by filling in a “Type Comments” field, or by attaching a document using an “Upload File” field. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type “See attached” in the “Type Comments” field.</P>

        <P>A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be submitted by fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the confidential information must be submitted to<E T="03">www.regulations.gov.</E>The non-confidential summary will be placed in the docket and open to public inspection.</P>
        <P>Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—</P>
        <P>(1) Must clearly so designate the information or advice;</P>
        <P>(2) Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of the cover page and each succeeding page; and</P>
        <P>(3) Must provide a non-confidential summary of the information or advice.</P>

        <P>Any comment containing confidential information must be submitted by fax. A non-confidential summary of the confidential information must be submitted to<E T="03">www.regulations.gov.</E>The non-confidential summary will be placed in the docket and open to public inspection.</P>

        <P>Pursuant to section 127(e) of the Uruguay Round Agreements Act (19<PRTPAGE P="61819"/>U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding accessible to the public at<E T="03">www.regulations.gov</E>, docket number USTR-2012-0016. The public file will include non-confidential comments received by USTR from the public with respect to the dispute. If a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, any non-confidential submissions, or non-confidential summaries of submissions, received from other participants in the dispute, will be made available to the public on USTR's Web site at<E T="03">www.ustr.gov,</E>and the report of the panel, and, if applicable, the report of the Appellate Body, will be available on the Web site of the World Trade Organization,<E T="03">www.wto.org.</E>Comments open to public inspection may be viewed on the<E T="03">www.regulations.gov</E>Web site.</P>
        <SIG>
          <NAME>Juan Millan,</NAME>
          <TITLE>Acting Assistant United States Trade Representative for Monitoring and Enforcement.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25053 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3290-F3-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE</AGENCY>
        <DEPDOC>[Dispute No. WTO/DS449]</DEPDOC>
        <SUBJECT>WTO Dispute Settlement Proceeding Regarding United States—Countervailing and Anti-Dumping Measures on Certain Products From China</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the United States Trade Representative.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Office of the United States Trade Representative (“USTR”) is providing notice that on September 17, 2012, the People's Republic of China (“China”) requested consultations with the United States under the<E T="03">Marrakesh Agreement Establishing the World Trade Organization</E>(“WTO Agreement”) concerning Public Law 112-99, “An act to apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes” (“Pub. L. 112-99”), and the countervailing and anti-dumping duty determinations and actions by the Department of Commerce, the U.S. International Trade Commission and the U.S. Customs and Border Protection on imports of the products from China listed below. That request may be found at<E T="03">www.wto.org</E>contained in a document designated as WT/DS449/1. USTR invites written comments from the public concerning the issues raised in this dispute.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before November 1, 2012, to be assured of timely consideration by USTR.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Public comments should be submitted electronically to<E T="03">www.regulations.gov,</E>docket number USTR-2012-0031. If you are unable to provide submissions by<E T="03">www.regulations.gov,</E>please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission.</P>
          <P>If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395-3640.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lisa Wang, Assistant General Counsel, or Joseph Rieras, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508, (202) 395-3150.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>USTR is providing notice that consultations have been requested pursuant to the WTO<E T="03">Understanding on Rules and Procedures Governing the Settlement of Disputes</E>(“DSU”). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established.</P>
        <HD SOURCE="HD1">Major Issues Raised by China</HD>
        <P>On September 17, 2012, China requested consultations concerning: (1) Section 1 of Public Law 112-99, “Application of Countervailing Duty Provisions to Nonmarket Economy Countries”; and (2) Section 2 of Public Law 112-99, “Adjustment of Antidumping Duty in Certain Proceedings Relating to Imports from Nonmarket Economy Countries.”</P>

        <P>China also challenges the concurrent application of anti-dumping and countervailing duties under the nonmarket economy methodology with respect to the following investigations and reviews initiated between November 20, 2006 and March 13, 2012 on imports from China: Coated Free Sheet Paper (C-570-907); Circular Welded Carbon Quality Steel Pipe (C-570-911); Light-Walled Rectangular Pipe and Tube (C-570-915); Laminated Woven Sacks (C-570-917); Certain New Pneumatic Off-The-Road Tires; (C-570-913); Certain New Pneumatic Off-The-Road Tires, Administrative Review (C-570-913); Raw Flexible Magnets (C-570-923); Lightweight Thermal Paper (C-570-921); Sodium Nitrite (C-570-926); Circular Welded Austenitic Stainless Pressure Pipe (C-570-931); Certain Circular Welded Carbon Quality Steel Line Pipe (C-570-936); Citric Acid and Certain Citrate Salts (C-570-938); Citric Acid and Certain Citrate Salts, Administrative Review (C-570-938); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (C-570-940); Certain Kitchen Appliance Shelving and Racks (C-570-942); Certain Kitchen Appliance Shelving and Racks, Administrative Review (C-570-942), Certain Oil Country Tubular Goods (C-570-944), Prestressed Concrete Steel Wire Strand (C-570-946); Certain Steel Grating (C-570-948); Wire Decking (C-570-950); Narrow Woven Ribbons With Woven Selvedge (C-570-953); Certain Magnesia Carbon Bricks (C-570-955); Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe (C-570-957); Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses (C-570-959); Certain Potassium Phosphate Salts (C-570-963); Drill Pipe (C-570-966); Aluminum Extrusions (C-570-968); Multilayered Wood Flooring (C-570-971); Certain Steel Wheels (C-570-974); Galvanized Steel Wire (C-570-976); High Pressure Steel Cylinders (C-570-978); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, (C-570-980); Utility Scale Wind Towers (C-570-982); Drawn Stainless Steel Sinks (C-570-984); Coated Free Sheet Paper (A-570-906); Circular Welded Carbon Quality Steel Pipe (A-570-910); Light-Walled Rectangular Pipe and Tube (A-570-916); Laminated Woven Sacks (A-570-914); Certain New Pneumatic Off-The-Road Tires (A-570-912); Certain New Pneumatic Off-The-Road Tires, Administrative Review (A-570-912); Raw Flexible Magnets (A-570-922); Lightweight Thermal Paper (A-570-920); Sodium Nitrite (A-570-925); Circular Welded Austenitic Stainless Pressure Pipe (A-570-930); Certain Circular Welded Carbon Quality Steel Line Pipe (A-570-935); Citric Acid and Certain Citrate Salts (A-570-937); Citric Acid and Certain Citrate Salts, Administrative Review (A-570-937); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (A-570-939); Certain Kitchen Appliance Shelving and Racks (A-570-941); Certain Kitchen Appliance Shelving and Racks,<PRTPAGE P="61820"/>Administrative Review (A-570-941); Certain Oil Country Tubular Goods (A-570-943); Prestressed Concrete Steel Wire Strand (A-570-945); Certain Steel Grating (A-570-947); Wire Decking (A-570-949); Narrow Woven Ribbons With Woven Selvedge (A-570-952); Certain Magnesia Carbon Bricks (A-570-954); Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe (A-570-956); Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses (A-570-958); Certain Potassium Phosphate Salts (A-570-962); Drill Pipe (A-570-965); Aluminum Extrusions (A-570-967); Multilayered Wood Flooring (A-570-970); Certain Steel Wheels (A-570-973); Galvanized Steel Wire (A-570-975); High Pressure Steel Cylinders (A-570-977); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules (A-570-979); Utility Scale Wind Towers (A-570-981); and Drawn Stainless Steel Sinks (A-570-983).</P>

        <P>China alleges inconsistencies with Articles VI, X:1, X:2, X:3 of the<E T="03">General Agreement on Tariffs and Trade 1994</E>(“GATT 1994”), Articles 10, 15, 19, 21 and 32 of the<E T="03">Agreement on Subsidies and Countervailing Measures,</E>and Articles 9 and 11 of the<E T="03">Agreement on Implementation of Article VI of the GATT 1994.</E>The challenged investigations and reviews are available at the following web page of the Department of Commerce:<E T="03">http://ia.ita.doc.gov/frn/index.html.</E>
        </P>
        <HD SOURCE="HD1">Public Comment: Requirements for Submissions</HD>

        <P>Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit public comments electronically to<E T="03">www.regulations.gov</E>docket number USTR-2012-0031. If you are unable to provide submissions by<E T="03">www.regulations.gov,</E>please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission.</P>
        <P>To submit comments via<E T="03">www.regulations.gov,</E>enter docket number USTR-2012-0031 on the home page and click “search”. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting “Notice” under “Document Type” on the left side of the search-results page, and click on the link entitled “Comment Now!.” (For further information on using the<E T="03">www.regulations.gov</E>Web site, please consult the resources provided on the Web site by clicking on “How to Use Regulations.gov” on the bottom of the page.)</P>
        <P>The<E T="03">www.regulations.gov</E>site provides the option of providing comments by filling in a “Type Comments” field or by attaching a document using an “upload file” field. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type “See attached” in the “Type Comments” field.</P>

        <P>A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be submitted by fax toSandy McKinzy at (202) 395-3640. A non-confidential summary of the confidential information must be submitted to<E T="03">www.regulations.gov.</E>The non-confidential summary will be placed in the docket and open to public inspection.</P>
        <P>Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—</P>
        <P>(1) Must clearly so designate the information or advice;</P>
        <P>(2) Must clearly mark the material as “SUBMITTED IN CONFIDENCE”at the top and bottom of the cover page and each succeeding page; and</P>

        <P>(3) Must provide a non-confidential summary of the information or advice.Any comment containing confidential information must be submitted by fax. A non-confidential summary of the confidential information must be submitted to<E T="03">www.regulations.gov.</E>The non-confidential summary will be placed in the docket and open to public inspection.</P>

        <P>Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding accessible to the public at<E T="03">www.regulations.gov</E>, docket number USTR-2012-0031.</P>

        <P>The public file will include non-confidential comments received by USTR from the public with respect to the dispute. If a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, any non-confidential submissions, or non-confidential summaries of submissions, received from other participants in the dispute, will be made available to the public on USTR's Web site at<E T="03">www.ustr.gov,</E>and the report of the panel, and, if applicable, the report of the Appellate Body, will be available on the Web site of the World Trade Organization,<E T="03">www.wto.org.</E>Comments open to public inspection may be viewed on the<E T="03">www.regulations.gov</E>Web site.</P>
        <SIG>
          <NAME>Juan Millan,</NAME>
          <TITLE>Acting Assistant United States Trade Representative for Monitoring and Enforcement.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25061 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3290-F3-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <DEPDOC>[Docket No. OST-2012-0165]</DEPDOC>
        <SUBJECT>Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Secretary, Department of Transportation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>No FEAR Act Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). It is the annual obligation for Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>John Benison, Associate Director of Policy and Quality Control Division, S-35, Departmental Office of Civil Rights, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W78-304, Washington, DC 20590, 202-366-1732 or by email at<E T="03">John.Benison@dot.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Electronic Access</HD>

        <P>You may retrieve this document online through the Federal Document Management System at<E T="03">http://www.regulations.gov</E>. Electronic retrieval instructions are available under the help section of the Web site. An electronic copy is also available for download from the Government<PRTPAGE P="61821"/>Printing Office's Electronic Bulletin Board at<E T="03">http://www.nara.gov/fedreg</E>and the Government Printing Office's Web page at<E T="03">http://www.access.gpo.gov/nara</E>.</P>
        <HD SOURCE="HD1">No FEAR Act Notice</HD>
        <P>On May 15, 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” now recognized as the No FEAR Act (Pub. L. 107-174). One purpose of the Act is to “require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.” (Pub. L. 107-174, Summary). In support of this purpose, Congress found that “agencies cannot be run effectively if those agencies practice or tolerate discrimination” (Pub. L. 107-174, Title I, General Provisions, section 101(1)). The Act also requires the United States Department of Transportation (USDOT) to provide this Notice to all USDOT employees, former USDOT employees, and applicants for USDOT employment. This Notice is to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws.</P>
        <HD SOURCE="HD1">Antidiscrimination Laws</HD>
        <P>A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions, or privileges of employment because of race, color, religion, sex, national origin, age, disability, marital status, genetic information, or political affiliation. One or more of the following statutes prohibit discrimination on these bases: 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e-16 and 2000ff.</P>
        <P>If you believe you were a victim of unlawful discrimination on the bases of race, color, religion, sex, national origin, age, genetic information, and/or disability, you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or in the case of a personnel action, within 45 calendar days of the effective date of the action to try and resolve the matter informally. This must be done before filing a formal complaint of discrimination with USDOT (See, e.g., 29 CFR part 1614).</P>
        <P>If you believe you were a victim of unlawful discrimination based on age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. As an alternative to filing a complaint pursuant to 29 CFR part 1614, you can file a civil action in a United States district court under the Age Discrimination in Employment Act (ADEA), against the head of an alleged discriminating agency, after giving the EEOC not less than a 30 day notice of the intent to file such action. You may file such notice in writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013, personal delivery, or facsimile within 180 days of the occurrence of the alleged unlawful practice.</P>

        <P>If you are alleging discrimination based on marital status or political affiliation, you may file a written discrimination complaint with the U.S. Office of Special Counsel (OSC) (See Contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the USDOT administrative or negotiated grievance procedures, if such procedures apply and are available. Form OSC-11 is available online at the OSC Web site<E T="03">http://www.osc.gov/index.htm,</E>under the filing tab (<E T="03">Contact Information</E>). Additionally, you can download the form under the same filing tab, under OSC Forms. Complete this form and mail it to the Complaints Examining Unit, U.S. Office of Special Counsel at 1730 M Street NW., Suite 218 Washington, DC 20036-4505. You also have the option to call the Complaints Examining Unit at (800) 872-9855 for additional assistance.</P>
        <P>If you are alleging compensation discrimination pursuant to the Equal Pay Act (EPA), and wish to pursue your allegations through the administrative process, you must contact an EEO counselor within 45 calendar days of the alleged discriminatory action as such complaints are processed under EEOC's regulations at 29 CFR part 1614. Alternatively, you may file a civil action in a court of competent jurisdiction within two years, or if the violation is willful, three years of the date of the alleged violation, regardless of whether you pursued any administrative complaint processing. The filing of a complaint or appeal pursuant to 29 CFR part 1614 shall not toll the time for filing a civil action.</P>
        <HD SOURCE="HD1">Whistleblower Protection Laws</HD>
        <P>A USDOT employee with authority to take, direct others to take, recommend, or approve any personnel action must not use that authority to take, or fail to take, or threaten to take, or fail to take a personnel action against an employee or applicant because of a disclosure of information by that individual that is reasonably believed to evidence violations of law, rule, or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless the disclosure of such information is specifically prohibited by law and such information is specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs.</P>

        <P>Retaliation against a USDOT employee or applicant for making a protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you believe you are a victim of whistleblower retaliation, you may file a written complaint with the U.S. Office of Special Counsel at 1730 M Street, NW., Suite 218, Washington, DC 202-036-4505 using Form OSC-11. Alternatively, you may file online through the OSC Web site at<E T="03">http://www.osc.gov</E>.</P>
        <HD SOURCE="HD1">Disciplinary Actions</HD>
        <P>Under existing laws, USDOT retains the right, where appropriate, to discipline a USDOT employee who engages in conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection laws up to and including removal from Federal service. If OSC initiates an investigation under 5 U.S.C. 1214 according to 5 U.S.C. 1214(f), USDOT must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws, or permits an agency to take unfounded disciplinary action against a USDOT employee, or to violate the procedural rights of a USDOT employee accused of discrimination.</P>
        <HD SOURCE="HD1">Additional Information</HD>

        <P>For more information regarding the No FEAR Act regulations, refer to 5 CFR part 724, as well as the appropriate office(s) within your agency (e.g., EEO/civil rights offices, human resources offices, or legal offices). You can find additional information regarding Federal antidiscrimination, whistleblower protection, and retaliation laws at the EEOC Web site at<E T="03">http://www.eeoc.gov</E>and the OSC Web site at<E T="03">http://www.osc.gov</E>.</P>
        <HD SOURCE="HD1">Existing Rights Unchanged</HD>

        <P>Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice creates, expands, or reduces any rights otherwise available to any employee, former employee, or applicant under the laws of the United<PRTPAGE P="61822"/>States, including the provisions of law specified in 5 U.S.C. 2302(d).</P>
        <SIG>
          <DATED>Dated: October 3, 2012.</DATED>
          <NAME>Camille Hazeur,</NAME>
          <TITLE>Director, Departmental Office of Civil Rights, United States Department of Transportation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25008 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <SUBJECT>Notice of Final Federal Agency Actions on Proposed Highways in Texas</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to various proposed highway projects in Tarrant, Dallas and Denton Counties, Texas. Those actions grant licenses, permits, and approvals for the projects.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on any of the listed highway projects will be barred unless the claim is filed on or before March 10, 2013. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For FHWA: Mr. Achille Alonzi, Assistant Division Administrator, Texas Division, Federal Highway Administration, 300 E. 8th Street, Room 826, Austin, Texas 78701; 8:00 a.m. to 5:00 p.m. (central time) Monday through Friday, 512-536-5902; email:<E T="03">al.alonzi@fhwa.dot.gov.</E>For Texas Department of Transportation (TxDOT): Mr. Carlos Swonke, Director of Environmental Affairs Division, Texas Department of Transportation (TxDOT), 118 E. Riverside, Austin, Texas 78704; 8:00 a.m. to 5:00 p.m. (central time) Monday through Friday, 512-416-2734; email:<E T="03">carlos.swonke@txdot.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the highway projects in the State of Texas that are listed below. The actions by the Federal agencies on a project, and the laws under which such actions were taken, are described in the documented environmental assessments (EAs) issued in connection with the project, and in other FHWA project records. The EAs and other documents from the FHWA project record files for the listed projects are available by contacting the FHWA or TxDOT at the addresses provided above.</P>
        <P>This notice applies to all Federal agency decisions on the listed projects as of the issuance date of this notice and all laws under which such actions were taken. This notice does not apply to the U.S. Army Corps of Engineering (USACE) permitting process for these projects, because no USACE permits have been issued for any of the projects to date. The laws under which Federal agency decisions were made on the projects listed in this notice include, but are not limited to:</P>
        <P>1.<E T="03">General:</E>National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 128].</P>
        <P>2.<E T="03">Air:</E>Clean Air Act (CAA), 42 U.S.C. 7401-7671(q).</P>
        <P>3.<E T="03">Land:</E>Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303].</P>
        <P>4.<E T="03">Wildlife:</E>Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and Section 1536], Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703-712].</P>
        <P>5.<E T="03">Historic and Cultural Resources:</E>Section 106 of the National Historic Preservation Act of 1966, as amended (106) [16 U.S.C. 470(f)<E T="03">et seq.</E>]; Archeological Resources Protection Act of 1979 (ARPA) [16 U.S.C. 470(aa)-470(11)]; Archeological and Historic Preservation Act (AHPA) [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]</P>
        <P>6.<E T="03">Social and Economic:</E>Civil Rights Act of 1964 (Civil Rights) [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act (AIRF) [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].</P>
        <P>7.<E T="03">Wetlands and Water Resources:</E>Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, Section 319); Rivers and Harbors Act of 1899 (RHA), 33 U.S.C. 401-406; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-300(j)(6); Emergency Wetlands Resources Act (EWRA) [16 U.S.C. 3921, 3931]; Wetlands Mitigation (WM) [23 U.S.C. 103(b)(6)(M) and 133(b)(11); Flood Disaster Protection Act (FDPA) [42 U.S.C. 4001-4128].</P>
        <P>8.<E T="03">Executive Orders:</E>E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 13112 Invasive Species and the Executive Memorandum on Beneficial Landscaping; and E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency.</P>
        <P>The projects subject to this notice are:</P>
        <P>(1)<E T="03">Project location:</E>The 10.8 mile section of Interstate Highway (IH) 35W North study limits extend from State Highway (SH) 114 in Denton County to IH 820 in Tarrant County Texas. The proposed improvements extend from south of SH 114 at Eagle Parkway to IH 820.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT Control Section Job numbers (CSJs): 0014-16-252, 0014-16-255, 0081-12-041 &amp; 0081-13-904.</P>
        <P>
          <E T="03">Project Type:</E>The various ultimate lane configurations of the three sections of the roadway are described as follows:</P>
        <P>• From Eagle Parkway to US 81/287, the proposed project will consist of reconstructing and widening the roadway to a 10-lane facility consisting of three general purpose lanes (non-toll) in each direction and a barrier-separated four-lane concurrent managed (toll) lane facility (two lanes in each direction). The concurrent managed (toll) lane facility will be centered between the general purpose lanes (non-toll). Auxiliary lanes will be constructed between entrance and exit ramps along the roadway and two/three lane frontage roads in each direction with bicycle accommodation will be constructed. Direct connectors from IH 35W to SH 170 will also be constructed.</P>
        <P>• From US 81/287 to Basswood Boulevard, the proposed project will consist of reconstructing and widening the roadway to a 12-lane facility consisting of four general purpose lanes (non-toll) in each direction and a barrier-separated four-lane concurrent managed (toll) lane facility (two lanes in each direction). The concurrent managed (toll) lane facility will be centered between the general purpose lanes (non-toll). Auxiliary lanes will be constructed between entrance and exit ramps along the roadway and two/three/four-lane frontage roads in each direction with bicycle accommodation will be constructed throughout this section. Direct connectors to/from US 81/287 from IH 35W managed (toll) lanes will be constructed.</P>

        <P>• From Basswood Boulevard to IH 820, the proposed project will consist of reconstructing and widening the<PRTPAGE P="61823"/>roadway to a 14-lane facility consisting of four general purpose lanes (non-toll) in each direction and a barrier-separated six-lane concurrent managed (toll) lane facility (three lanes in each direction). The concurrent managed (toll) lane facility will be centered between the general purpose lanes (non-toll). Auxiliary lanes will be constructed between entrance and exit ramps along the roadway and two/three/four-lane frontage roads in each direction with bicycle accommodation will be constructed throughout this section.</P>
        <P>The proposed project does not include improvements to the IH 35W/IH 820 interchange. The interchange (extending from the centerline of IH 820 to 825 feet north of Fossil Creek Boulevard) will be constructed as part of the IH 820 improvement project that was approved by FHWA on December 30, 2008.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, Section 106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, RHA, Section 401, AIRF, FPPA, SDWA, EWRA, WM, FDPA, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) was issued by FHWA on March 19, 2012. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm</E>.</P>
        <P>(2)<E T="03">Project Location:</E>A 5.4 mile section along IH 35W South from IH 820 to IH 30, and includes improvements along US 287 from IH 35W to IH 30 and along SH 121 from Riverside Drive to Belknap Street/Weatherford Street in downtown Fort Worth in Tarrant County Texas. The proposed project construction limits extend along IH 35W from just north of Meacham Boulevard to just north of IH 30, along SH 121 from Riverside Drive west to IH 35W, along US 287 from IH 35W to IH 30, and from IH 35W west along Belknap Street and Weatherford Street to their crossing with the Burlington Northern Santa Fe Railroad (BNSF) in downtown Fort Worth. Improvements to the interchanges at IH 820 and IH 30 are not included in the proposed project, but improvements to the SH 121 and US 287 interchanges are included.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0014-16-179 &amp; 0014-16-268.</P>
        <P>
          <E T="03">Project type:</E>
        </P>
        <P>• On IH 35W from IH 820 to IH 30, the proposed project will consist of 8 general purpose lanes plus auxiliary lanes (non-toll), four/two-lanes concurrent High Occupancy Vehicles (HOV)/managed lanes (toll) and auxiliary lanes, four/six/eight-lanes continuous and discontinuous frontage road lanes (that includes auxiliary lanes near ramp locations and cross streets).</P>
        <P>• Along US 287 from IH 35W to IH 30, the project will consist of 6 general purpose lanes (non-toll), two concurrent HOV/managed lanes (toll) and two lanes discontinuous frontage road lanes (that includes two-way northbound frontage road from Cypress Street to 4th Street).</P>
        <P>• On SH 121 from IH 35W to Riverside Drive, the project will consist of 8 general purpose lanes (non-toll), continuous frontage roads for the length of the improvement on SH 121 and direct connectors will be provided to IH 35W north and south with local access to Belknap-Weatherford Streets.</P>
        <P>The proposed project does not include improvements to the IH 35W/IH 820 interchange. The interchange (extending from the centerline of IH 820 to 825 feet north of Fossil Creek Boulevard) will be constructed as part of the IH 820 improvement project that was approved by FHWA on December 30, 2008.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, Section 4(f), Section 106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) and Section 4(f)<E T="03">de minimis</E>determination was issued by FHWA on August 24, 2012. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm</E>.</P>
        <P>(3)<E T="03">Project Location:</E>The IH 35E North section from FM 2181 to US 380 is approximately 11 miles in length located in Denton County Texas.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0195-03-050, 0195-03-071, 0195-03-075, 0196-01-056 &amp; 0196-01-074.</P>
        <P>
          <E T="03">Project Type:</E>The proposed improvements include reconstruction of existing 4 lanes to eight mainlanes (four in each direction); two to four concurrent tolled HOV/managed lanes in the center median (one to two in each direction) of IH 35E; and two-, three- and four-lane continuous frontage roads in each direction along the entire project.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, Section 106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) was issued by FHWA on January 31, 2012. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents</E>.</P>
        <P>(4)<E T="03">Project Location:</E>The IH 35E Middle section from President George Bush Turnpike (PGBT) to FM 2181 is approximately 12 miles in length located in Denton and Dallas County Texas.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0196-02-068, 0196-01-096, 0196-02-073, 0196-02-114, and 0196-03-245.</P>
        <P>
          <E T="03">Project Type:</E>The proposed improvements include reconstruction of existing 6 lanes to eight mainlanes (four in each direction); two to four lane collector distributor (each direction) from PGBT to north of SH 121; four concurrent tolled HOV/managed lanes in the center median (two in each direction) of IH 35E; and two, three and four-lane continuous frontage roads in each direction along the entire project.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, Section 4(f), Section 106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) and approvals of Programmatic Section 4(f) Net Benefits was issued by FHWA on January 28, 2011, and a FONSI by the U.S. Army Corps of Engineers on February 2, 2011. The EA, FONSIs and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents</E>.</P>
        <P>(5)<E T="03">Project Location:</E>The IH 35E South section from IH 635 to President George Bush Turnpike (PGBT) is approximately<PRTPAGE P="61824"/>5 miles in length located in Dallas County Texas.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0196-03-138, 0196-03-180, and 0196-03-240.</P>
        <P>
          <E T="03">Project Type:</E>The proposed improvements include reconstruction of existing 6 lanes to eight mainlanes (four in each direction); two- to four-lane collector distributor (each direction) from Sandy Lake Road/Whitlock Lane to PGBT; four concurrent tolled HOV/managed lanes in the center median (two in each direction) of IH 35E; and two-, three- and four-lane continuous frontage roads in each direction along the entire project.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, ESA, MBTA, Section 106, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) was issued by FHWA on December 28, 2011. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents</E>.</P>
        <P>(6)<E T="03">Project Location:</E>The SH 183 from SH 360 to IH 35E is approximately 8 miles in length located in Tarrant and Dallas Counties Texas.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0094-03-065, 0094-07-015, and 0094-07-020.</P>
        <P>
          <E T="03">Project Type:</E>The proposed improvements include reconstruction of existing six lanes to eight mainlanes (four in each direction); four to six concurrent tolled HOV/managed lanes (two to three in each direction); and two- to three-lane continuous frontage roads in each direction along the entire project. The design process produced additional mainlanes, continuous frontage roads in each direction along the corridor, addition of HOV/managed lanes in the center median, and no conversion of existing mainlanes into tolled HOV/managed lanes.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, Section 4(f), Section 106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) was issued by FHWA on February 10, 2004. The reevaluation and public involvement conducted thus far indicated no additional environmental concerns have been identified. Therefore, on April 9, 2012, FHWA concurred that the original FONSI issued on February 10, 2004 remains valid for the approved EA. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://www.keepitmovingdallas.com/projects/state-highways/sh-183</E>.</P>
        <P>(7)<E T="03">Project Location:</E>Dallas Horseshoe Project includes improvements along IH 30 from Sylvan Avenue to west of IH 45 and along IH 35E, and from 8th Street to IH 30. The project is approximately 5 miles in length and is located in Dallas County Texas.</P>
        <P>
          <E T="03">Project reference number:</E>TxDOT CSJs: 0196-03-205, 0442-02-118, 0442-02-132, 1068-04-099, 1068-04-116, and 0009-11-226.</P>
        <P>
          <E T="03">Project Type:</E>The project consists mainly of the replacement of the IH 30 and IH 35E bridge structures that cross the Dallas Floodway and the reconstruction of the IH 35E at IH 30 interchange commonly known as the Mixmaster. The proposed improvements would include the addition of general purpose lanes, collector distributor roads, access ramps, and direct connection ramps. Other improvements include the continuous frontage roads, the extension of the existing reversible HOV lane along IH 35E, and cross street improvements. The proposed project would also accommodate pedestrian and bicycle facilities. The main components of the proposed project are described as follows:</P>
        <P>•<E T="03">IH 30 and IH 35E Bridge Replacement:</E>The existing IH 30 bridge structures would be replaced with four new bridge structures each (two structures for the mainlanes and two structures for the frontage roads). Each IH 30 mainlane bridge would consist of five travel lanes. Each frontage road bridge would include two lanes. The IH 35E bridge structures would also be replaced with four new bridge structures. The IH 35E northbound bridges would consist of three travel lanes, two reversible HOV lanes, separated from the mainlanes by an outside shoulder and a concrete traffic barrier; five collector distributor lanes, and a sidewalk. The IH 35E southbound bridges would consist of four travel lanes, four collector distributor lanes, and a sidewalk along the outside of the collector distributor road.</P>
        <P>•<E T="03">Interchange reconstruction:</E>The Mixmaster would be reconstructed to include new direct connectors, collector distributor lanes, mainlanes, reversible HOV lanes, and extension of the IH 30 frontage road which would include one outside lane for shared-use for bikes and vehicles, and a sidewalk. The existing HOV lane within the Mixmaster would be widened from one to two lanes and extended approximately 1,900 feet north to Reunion Boulevard.</P>
        <P>•<E T="03">Cross street improvements proposed at Beckley Avenue, Riverfront Boulevard, and Colorado Boulevard.</E>Beckley Avenue would include reconstruction of the existing U-turn lane, the addition of sidewalks on both sides of the street, and an outside shared-use lane to accommodate bicycle traffic which would intersect with the Coombs Creek Trail Extension. The proposed improvements along Riverfront Boulevard would include a sidewalks and outside shared-use lanes for bikes and vehicles. The proposed improvements along Colorado Boulevard include the replacement of the half cloverleaf interchange and the realignment of Colorado Boulevard with full reconstruction.</P>
        <P>
          <E T="03">Final actions taken under:</E>NEPA, FAHA, CAA, ESA, MBTA, Section 106, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, Supplemental Appropriations Act, 2010, Pub. L. No. 111-212, § 405, 124 Stat. 2302, 2314 (2010), E.O. 11990, E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.</P>
        <P>
          <E T="03">FHWA NEPA documents:</E>A Finding of No Significant Impact (FONSI) was issued by FHWA on September 18, 2012. The EA, FONSI and other documents in the administrative record are available by contacting the FHWA or TxDOT at the addresses provided above or at:<E T="03">http://www.keepitmovingdallas.com/public-hearings/2012/dallas-horseshoe-project-ih30-ih35e</E>.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)</FP>
        </EXTRACT>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>23 U.S.C. 139(<E T="03">l</E>)(1), as amended by Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, § 1308, 126 Stat. 405 (2012).</P>
        </AUTH>
        <SIG>
          <DATED>Issued on: October 4, 2012.</DATED>
          <NAME>Achille Alonzi,</NAME>
          <TITLE>Assistant Division Administrator, Austin, Texas.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25004 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-RY-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61825"/>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <SUBJECT>Notice of Final Federal Agency Actions on Proposed Highway in Illinois</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal Agencies.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Willow Road (FAP 305) between Illinois Route 43 (Waukegan Road) and Interstate 94 (Edens Expressway) in Cook County, Illinois. Those actions grant licenses, permits, and approvals for the project.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before March 10, 2013. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Norman R. Stoner, P.E., Division Administrator, Federal Highway Administration, 3250 Executive Park Drive, Springfield, Illinois 62703, Phone: (217) 492-4600, Email address:<E T="03">Norman.Stoner@dot.gov.</E>The FHWA Illinois Division Office's normal business hours are 7:30 a.m. to 4:15 p.m. You may also contact Mr. John A. Fortmann, P.E., Illinois Department of Transportation, Deputy Director of Highways, Acting Region One Engineer, 201 West Center Court, Schaumburg, Illinois 60196, Phone: (847) 705-4000. The Illinois Department of Transportation Region One's normal business hours are 8 a.m. to 4:15 p.m.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of Illinois: reconstruct and widen Willow Road (FAP 305) from Illinois Route 43 (Waukegan Road) to Interstate 94 (Edens Expressway), a distance of approximately 1.8 miles including replacing the bridge over the Middle Fork North Branch of the Chicago River. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project approved on March 28, 2012, the Finding of No Significant Impact (FONSI) issued on September 14, 2012, and in other documents in the FHWA administrative record. The EA, FONSI, and other documents in the FHWA administrative record file are available by contacting the FHWA or the Illinois Department of Transportation at the addresses provided above. The EA and FONSI and all other supporting documentation can be viewed and downloaded from the project Web site at<E T="03">www.willowroadfuture.org.</E>
        </P>
        <P>This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to:</P>
        <P>1.<E T="03">General:</E>National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351] Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].</P>
        <P>2.<E T="03">Air:</E>Clean Air Act [42 U.S.C. 7401-7671(q)].</P>
        <P>3.<E T="03">Land:</E>Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303 and 23 U.S.C. 138].</P>
        <P>4.<E T="03">Social and Economic:</E>Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].</P>
        <P>5.<E T="03">Historic and Cultural Resources:</E>Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f)<E T="03">et seq.</E>]; Archaeological and Historic Preservation Act (AHPA) [16 U.S.C. 469-469(c)].</P>
        <P>6.<E T="03">Wildlife:</E>Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536]; Migratory Bird Treaty Act [16 U.S.C. 703-712].</P>
        <P>7.<E T="03">Wetlands and Water Resources:</E>Clean Water Act (Section 401 and 404) [33 U.S.C. 1251-1377]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].</P>
        <P>8.<E T="03">Executive Orders:</E>E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)</FP>
        </EXTRACT>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>23 U.S.C. 139(l)(1).</P>
        </AUTH>
        <SIG>
          <DATED>Issued on: October 1, 2012.</DATED>
          <NAME>Norman R. Stoner,</NAME>
          <TITLE>Division Administrator, Springfield, Illinois.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24700 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-RY-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
        <DEPDOC>[Docket ID PHMSA-2012-0244]</DEPDOC>
        <SUBJECT>Pipeline Safety: Notice of Public Meeting on Pipeline Data</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of public meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>PHMSA and the National Association of Pipeline Safety Representatives (NAPSR) are sponsoring this public meeting to discuss how pipeline data is currently used by stakeholders and identify potential improvements in pipeline safety performance measures. PHMSA pipeline safety regulations require integrity management program performance measures for gas distribution, gas transmission, and hazardous liquids pipelines. The National Transportation Safety Board (NTSB) and the U.S. Department of Transportation's (DOT) Office of the Inspector General have recommended that PHMSA improve pipeline safety performance measures and generate meaningful metrics. This meeting provides an opportunity for pipeline safety stakeholders to suggest improvements to existing performance measures and new measures representing meaningful pipeline safety metrics. The meeting will include breakout sessions on voluntary reporting, data discrepancies, data collected but not needed, and performance measures.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public meeting on pipeline data will be held on Monday, October 29, 2012, from 1 p.m. to 5:30 p.m. and Tuesday, October 30, 2012, from 8 a.m. to 5 p.m. Name badge pickup and onsite registration will be available starting at 12:30 p.m. on October 29 and 7:30 a.m. on October 30.</P>
          <P>
            <E T="03">Registration:</E>Please register at<E T="03">https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=81.</E>Please note that the meeting will be webcast, including the voluntary reporting breakout on October 30. The webcast link will be posted on the registration Web page prior to the event.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The public meeting will be held at the Hyatt Regency Washington on Capitol Hill, 400 New Jersey Avenue NW., Washington, DC 20001, phone: 888-421-1442. Please contact the Hyatt Regency before October 16, 2012, to reserve a room in the “US DOT” room block by phone or at<E T="03">https://resweb.<PRTPAGE P="61826"/>passkey.com/Resweb.do?mode=welcome_gi_new&amp;groupID=16450837.</E>Please contact the Hyatt Regency for information on facilities or services for individuals with disabilities or to request special assistance during these public meetings. The meeting room will be posted at the hotel on the days of the workshop.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Blaine Keener at 202-366-0970 or by email at<E T="03">blaine.keener@dot.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>PHMSA will be holding this public meeting to provide an open forum for exchanging information about how pipeline data is used by stakeholders and how performance measures could be improved. The NTSB and the DOT Office of the Inspector General have recommended that PHMSA improve pipeline safety performance measures and generate meaningful metrics. Various stakeholders, including Federal and state regulatory agencies, industry, advocacy groups and the media often use data collected by PHMSA and made publicly available to describe the reliability of the pipeline infrastructure, portray safety trends, or identify emerging safety concerns. Further, this data is often used as part of evaluating the safety performance of individual companies, the industry as a whole, and the effectiveness of the regulatory process.</P>
        <P>PHMSA regulations require integrity management program performance measures for gas distribution pipelines (49 CFR 192.1007(e)), gas transmission pipelines (49 CFR 192.945) and hazardous liquids pipelines (49 CFR 195.452(k)). The information exchanged at this public meeting will help inform PHMSA as rulemakings or information collections are considered to improve integrity management performance measures and establish new performance measures for aspects of pipeline safety other than integrity management programs.</P>
        <P>The keynote speaker will be NTSB member Mr. Mark Rosekind. Presenters will include PHMSA, NAPSR, the Pipeline Safety Trust, and representatives from the pipeline industry. As speakers are identified by name, the agenda on the registration Web page will be updated. PHMSA invites all stakeholders to actively participate in the meeting and specifically engage in thoughtful input and discussion during the topic specific breakout session.</P>
        <P>The overall objectives of the meeting are to:</P>
        <P>1. Determine how stakeholders, including PHMSA, industry, and the public use the data.</P>
        <P>2. Determine how industry and PHMSA currently measure performance, how performance measures could be improved, and what additional data is needed to do so.</P>
        <P>3. Determine the best method(s) for collecting, analyzing, and ensuring transparency of additional data needed to improve performance measures.</P>
        <P>4. Summarize the data PHMSA currently collects, who we collect it from, and why we collect it.</P>
        <P>5. Discuss data quality improvement including past efforts and future opportunities as well as universally understood definitions.</P>
        <P>PHMSA is preparing a document summarizing the pipeline data currently collected by PHMSA. This document will be available on the registration Web page by October 22, 2012. All presentations made during the meeting will be available on the registration Web page a few days after the meeting ends.</P>
        <SIG>
          <NAME>Jeffrey D. Wiese,</NAME>
          <TITLE>Associate Administrator for Pipeline Safety.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24976 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-60-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
        <DEPDOC>[Docket No. PHMSA-2012-0201]</DEPDOC>
        <SUBJECT>Pipeline Safety: Communication During Emergency Situations</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Pipeline and Hazardous Materials Safety Administration (PHMSA); DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; Issuance of Advisory Bulletin.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>PHMSA is issuing this Advisory Bulletin to remind operators of gas, hazardous liquid, and liquefied natural gas pipeline facilities that operators should immediately and directly notify the Public Safety Access Point (PSAP) that serves the communities and jurisdictions in which those pipelines are located when there are indications of a pipeline facility emergency. Furthermore, operators should have the ability to immediately contact PSAP(s) along their pipeline routes if there is an indication of a pipeline facility emergency to determine if the PSAP has information which may help the operator confirm an emergency or to provide assistance and information to public safety personnel who may be responding to the event.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Gale by phone at 202-366-0434 or by email at<E T="03">john.gale@dot.gov.</E>Information about PHMSA may be found at<E T="03">http://phmsa.dot.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>
        <P>Federal regulations for gas, liquefied natural gas (LNG), and hazardous liquid pipeline facilities require operators to have written procedures for responding to emergencies involving their pipeline facility. The regulations further require that operators include procedures for planning with and notifying local emergency response and other public officials to ensure a coordinated response. Under 49 CFR §§ 192.605, 192.615, 193.2509, and 195.402, pipeline facility operators must include provisions for coordinating with appropriate fire, law enforcement, emergency management, and other public safety officials in their emergency plans. Immediate contact by pipeline facility operators with local emergency responders located in potentially affected areas provides for appropriate, more coordinated and effective response to emergency situations involving pipelines, and can minimize potential injury, death and environmental damage.</P>
        <P>Under §§ 192.616 and 195.440, pipeline facility operators must also develop and implement, and sustain a written public education program that follows the American Petroleum Institute's (API) Recommended Practice (RP) 1162. Incorporated by reference into §§ 192.616 and 195.440, API RP 1162 further requires operators to provide notice of, and information regarding their emergency response plans to appropriate local emergency officials. These response plans should include information about how emergency officials can determine potential pipeline related risks, and implement appropriate response plans.</P>

        <P>In addition, on December 11, 2011, the National Transportation Safety Board (NTSB) issued safety recommendations following its investigation of the September 9, 2010, natural gas pipeline rupture in the city of San Bruno, CA. Included in these recommendations was NTSB Safety Recommendation P-11-9, which suggested that PHMSA require operators of gas and hazardous liquid pipelines “to ensure that their control room operators immediately and directly notify the 9-1-1 emergency call center(s) for the communities and jurisdiction in which those pipelines are located when a possible rupture of any pipeline is indicated.” Pipeline facility<PRTPAGE P="61827"/>operators should be proactive in notifying officials of possible incidents so that a suitable and timely response can be implemented.</P>
        <P>Finally, PHMSA is publishing this Advisory Bulletin to reiterate the importance of immediate dialogue between pipeline facility operators and PSAP staff when there is any indication of a pipeline rupture or other emergency condition which may have an adverse impact on public safety or the environment. The local PSAP may have information pertaining to the event that is not available to the pipeline facility operator. For example, a pipeline facility operator may be aware of a sudden pressure drop on their pipeline, but not be able to pinpoint the location of a release. The local PSAP may have received 9-1-1 calls concerning a strong odor of crude oil or fuel, or of a large fire, but not be aware a pipeline facility is involved. The early exchange and coordination of information can benefit both pipeline facility operators and emergency responders so that a more rapid and effective response to the event is achieved.</P>
        <HD SOURCE="HD1">II. Advisory Bulletin (ADB-2012-09)</HD>
        <P>
          <E T="03">To:</E>Operators of Gas, Hazardous Liquid, and Liquefied Natural Gas Pipeline Facilities</P>
        <P>
          <E T="03">Subject:</E>Communication During Emergency Situations</P>
        <P>
          <E T="03">Advisory:</E>To further enhance the Department's safety efforts, PHMSA is issuing this Advisory Bulletin regarding communication between pipeline facility operators and the PSAP which serves the local emergency responders during pipeline facility emergencies in communities along the pipeline route.</P>
        <P>To ensure a prompt, effective, and coordinated response to any type of emergency involving a pipeline facility, pipeline facility operators are required to maintain an informed relationship with emergency responders in their jurisdiction in accordance with §§ 192.615, 193.2509 and 195.402.</P>
        <P>PHMSA reminds pipeline facility operators of these requirements and, in particular, the need to notify the PSAP(s), commonly referred to as 9-1-1 emergency call centers, or the local equivalent, of indications of a pipeline facility emergency. Such indications may include an unexpected drop in pressure, unanticipated loss of supervisory control and data acquisition communications, or reports from field personnel. PHMSA recommends that pipeline facility operators immediately contact the PSAP for the communities and jurisdictions in which those indications occur, to notify local responders and implement a coordinated emergency response. These notifications to the PSAP(s) are typically made from pipeline facility control rooms and dispatch centers; pipeline facility operators should ensure the call to the appropriate PSAP is made promptly, and to as many jurisdictions as is necessary. A direct-inbound ten-digit number must be used for the specific PSAP, since a call to 9-1-1 would be routed only to the PSAP for the caller's location.</P>
        <P>Further, PHMSA believes that immediate contact and conversation should be established between pipeline facility operators and PSAP staff when there is any indication of a pipeline rupture or other emergency condition which may have a potential adverse impact on public safety or the environment. PHMSA recommends that pipeline facility operators inquire of the PSAP(s) if there are any other reported indicators of possible pipeline emergencies such as odors, unexplained noises, product releases, explosions, fires, etc., as these reports may not have been linked to a possible pipeline incident by the callers contacting the 9-1-1 emergency call center. This early coordination will facilitate the timely and effective implementation of the pipeline facility operator's emergency response plan and coordinated response with local public safety officials.</P>
        <SIG>
          <NAME>Jeffrey D. Wiese,</NAME>
          <TITLE>Associate Administrator for Pipeline Safety.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24975 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-60-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBJECT>Open Meeting of the Federal Advisory Committee on Insurance</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Departmental Offices, Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Open Meeting; Request for Comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This Notice sets forth the proposed topics to be discussed for a meeting of the Department of the Treasury's Federal Advisory Committee on Insurance (FACI). The meeting is open to the public and the site is accessible to individuals with disabilities. The FACI will convene the meeting on Wednesday, November 14, 2012, at the Department of the Treasury, in the Cash Room, 1500 Pennsylvania Avenue NW., Washington, DC, 20220, beginning at 10 a.m. Eastern Time. The meeting will be open to the public.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on November 14, 2012, commencing at 10 a.m. Eastern Time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The FACI meeting will be held at the Department of the Treasury, in the Cash Room, 1500 Pennsylvania Avenue NW., Washington, DC 20220. The meeting will be open to the public. The meeting will be held in a secured facility, and members of the public who plan to attend the meeting must contact the Federal Insurance Office (Office), at (202) 622-6910, by 5 p.m. Eastern Time on Wednesday, November 7, 2012, to inform the Office of the desire to attend the meeting and to provide the following information which is required for entry into the building:</P>
          <FP SOURCE="FP-1">—Name</FP>
          <FP SOURCE="FP-1">—Organization</FP>
          <FP SOURCE="FP-1">—Date of Birth</FP>
          <FP SOURCE="FP-1">—Social Security Number</FP>
          <FP SOURCE="FP-1">—Country of Citizenship</FP>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>James P. Brown, Senior Policy Advisor to the Federal Insurance Office, Department of the Treasury, 1425 New York Avenue NW., Room 2100, Washington, DC 20005, at (202) 622-6910 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice of this meeting is provided in accordance with the Federal Advisory Committee Act, 5 U.S.C. App. II, 10(a)(2), through implementing regulations at 41 CFR 102-3.150.</P>
        <P>
          <E T="03">Request for Public Comments:</E>FACI is seeking public comments on the EU-U.S. Insurance Dialogue Summary Report (Report) located at:<E T="03">https://eiopa.europa.eu/consultations/public-hearings/forthcoming/20121016/index.html</E>. FACI will be discussing the Report at the November 14, 2012 meeting. In addition, the Report will be addressed during a public consultation on October 12, 2012 from 2-5 p.m. in Independence Room F-I, Grand Hyatt Washington, 1000 H Street NW., Washington, DC 20001, as part of the EU-U.S. Dialogue Project. Members of the public wishing to comment on the Report are invited to submit written statements before October 28, 2012, to the FACI by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Statements</HD>
        <P>• Send electronic comments to<E T="03">faci@treasury.gov</E>.</P>
        <HD SOURCE="HD2">Paper Statements</HD>

        <P>• Send paper statements in triplicate to the Federal Advisory Committee on Insurance, Department of the Treasury, 1425 New York Avenue NW., Room 2100, Washington, DC 20005.<PRTPAGE P="61828"/>
        </P>

        <FP>The Department of the Treasury will post all statements on its Web site<E T="03">http://www.treasury.gov/about/organizational-structure/offices/Pages/Federal-Insurance.aspx</E>without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. The Department of the Treasury will also make such statements available for public inspection and copying in the Department of the Treasury's Library, Room 1428, Main Department Building, 1500 Pennsylvania Avenue NW., Washington, DC 20220, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect statements by telephoning (202) 622-0990. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available.</FP>
        <P>
          <E T="03">Tentative Agenda/Topics for Discussion:</E>During this periodic meeting of the FACI, members will discuss international insurance matters. Among the topics to be discussed are the EU-U.S. Insurance Dialogue and matters pending at the International Association of Insurance Supervisors.</P>
        <SIG>
          <NAME>Michael T. McRaith,</NAME>
          <TITLE>Director, Federal Insurance Office.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25002 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-25-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Fiscal Service</SUBAGY>
        <SUBJECT>Surety Companies Acceptable on Federal Bonds; Change in Business Address: Hudson Insurance Company</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Financial Management Service, Fiscal Service, Department of the Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is Supplement No. 1 to the Treasury Department Circular 570, 2012 Revision, published July 2, 2012, at 77 FR 39322.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Surety Bond Branch at (202) 874-6850.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given that Hudson Insurance Company (NAIC# 25054) has changed its business address to: 100 William Street, 5th Floor, New York, New York, 10038. Federal bond-approving officials should annotate their reference copies of the Treasury Department Circular 570 (“Circular”), 2012 Revision, to reflect this change.</P>

        <P>The Circular may be viewed and downloaded through the Internet at<E T="03">www.fms.treas.gov/c570.</E>
        </P>
        <P>Questions concerning this notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782.</P>
        <SIG>
          <DATED>Dated: September 27, 2012.</DATED>
          <NAME>Laura Carrico,</NAME>
          <TITLE>Director, Financial Accounting and Services Division, Financial Management Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24780 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-35-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Proposed Collection; Comment Request for Information Collection Tools</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8912, Clean Renewable Energy Bond Credit and Gulf Bond Credit; Form 14157, Tax Return Preparer Complaint; Form 990-T, Exempt Organization Business Income Tax Return; Form 5434, Application for Enrollment, and Form 5434-A, Application for Renewal of Enrollment; and Form 8582-CR, Passive Activity Credit Limitations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before December 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the collection tools should be directed to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622-3634, or through the Internet at<E T="03">RJoseph.Durbala@irs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Currently, the IRS is seeking comments concerning the following information collection tools, reporting, and record-keeping requirements:</P>
        <P>(1)<E T="03">Title:</E>Clean Renewable Energy Bond Credit and Gulf Bond Credit.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2025.<E T="03">Form Number:</E>8912.</P>
        <P>
          <E T="03">Abstract:</E>Form 8912, Clean Renewable Energy Bond Credit and Gulf Bond Credit, was developed to carry out the provisions of new Internal Revenue Code sections 54 and 1400N(l). The new form provides a means for the taxpayer to compute the clean renewable energy bond credit and the Gulf bond credit.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes to the previously approved burden of this existing collection.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Businesses and other for-profit organizations, Farms.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>500.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>11 hrs., 7 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>5,555.</P>
        <P>(2)<E T="03">Title:</E>Tax Return Preparer Complaint.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2168.</P>
        <P>
          <E T="03">Form Number:</E>14157.</P>
        <P>
          <E T="03">Abstract:</E>This form was created to comply with TIGTA report 200840015, Complaints Against Return Preparers. This form will be used by taxpayers to report allegations of misconduct by tax return preparers. The form was created specifically for tax return preparer complaints and includes items necessary for the IRS to effectively evaluate the complaint and route to the appropriate function.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes being made to the revenue procedure at this time.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households and businesses and other for-profits.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>1,500.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>1 hr.</P>
        <P>
          <E T="03">Estimated Total Annual Reporting Burden hours:</E>1,500.</P>
        <P>(3)<E T="03">Title:</E>Exempt Organization Business Income Tax Return.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0687.</P>
        <P>
          <E T="03">Form Number:</E>990-T.<PRTPAGE P="61829"/>
        </P>
        <P>
          <E T="03">Abstract:</E>Form 990-T is used to report and compute the unrelated business income tax imposed on exempt organizations by Internal Revenue Code section 511 and the proxy tax imposed by Code section 6033(e). The form provides the IRS with the information necessary to determine that the tax has been properly computed.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Not-for-profit institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>37,103.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>141 hrs., 20 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>5,244,139.</P>
        <P>(4)<E T="03">Title:</E>Form 5434, Application for Enrollment, and Form 5434-A, Application for Renewal of Enrollment.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0951.</P>
        <P>
          <E T="03">Form Number:</E>5434 and 5434-A.</P>
        <P>
          <E T="03">Abstract:</E>Form 5434 is used to apply for enrollment to perform actuarial services under the Employee Retirement income</P>
        <P>Security Act of 1974 (ERISA). Form 5434-A is used to renew enrollment every three years to perform actuarial services under (ERISA). The information is used by the Joint Board for the Enrollment of Actuaries to determine the eligibility of the applicant to perform actuarial services.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>6,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>38 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>38,000.</P>
        <P>(5)<E T="03">Title:</E>Passive Activity Credit Limitations.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1034.</P>
        <P>
          <E T="03">Form Number:</E>8582-CR.</P>
        <P>
          <E T="03">Abstract:</E>Under Internal Revenue Code section 469, credits from passive activities, to the extent they do not exceed the tax attributable to net passive income, are not allowed, Form 8582-CR is used to figure the passive activity credit allowed and the amount of credit to be reported on the tax return.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households, business or other for-profit organizations, and farms.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>300,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>14 hrs., 53 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>2,370,600.</P>
        
        <FP>The following paragraph applies to all of the collections of information covered by this notice:</FP>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request for Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: October 4, 2012.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25037 Filed 10-10-12; 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>Proposed Collection; Comment Request for Information Collection Tools</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, INTL-64-93 (TD 8611): Conduit Arrangements Regulations (§§ 1.881-4 and 1.6038A-3); Form 8871, Political Organization Notice of Section 527 Status; Form 8453-X, Political Organization Declaration for Electronic Filing of Notice of Section 527 Status; Revenue Ruling 2000-33, Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations; Notice 2006-52, Deduction for Energy Efficient Commercial Buildings; and TD 9451, Guidance Necessary to Facilitate Business Election Filing.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before December 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the collection tools should be directed to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622-3634, or through the Internet at<E T="03">RJoseph.Durbala@irs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Currently, the IRS is seeking comments concerning the following information collection tools, reporting, and record-keeping requirements:</P>
        <P>(1)<E T="03">Title:</E>Conduit Arrangements Regulations.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1440.</P>
        <P>
          <E T="03">Form Number:</E>INTL-64-93.</P>
        <P>
          <E T="03">Abstract:</E>This regulation provides rules that permit the district director to recharacterize a financing arrangement as a conduit arrangement. The recharacterization will affect the amount of U.S. withholding tax due on financing transactions that are part of the financing arrangement. This regulation affects withholding agents<PRTPAGE P="61830"/>and foreign investors who engage in multi-party financing arrangements.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes to the previously approved burden of this existing collection.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>1,000.</P>
        <P>
          <E T="03">Estimated Time Per Respondent:</E>10 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>10,000.</P>
        <P>(2)<E T="03">Title:</E>Form 8871, Political Organization Notice of Section 527 Status; Form 8453-X, Political Organization Declaration for Electronic Filing of Notice of Section 527 Status.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1693.</P>
        <P>
          <E T="03">Form Number:</E>Forms 8871 and 8453-X.</P>
        <P>
          <E T="03">Abstract:</E>Public Law 106-230 as amended by Public Law 107-276, amended Internal Revenue Code section 527(i) to require certain political organizations to provide information to the IRS regarding their name and address, their purpose, and the names and addresses of their officers, highly compensated employees, Board of Directors, and related entities within the meaning of section 168(h)(4)). Forms 8871 and 8453-X are used to report this information to the IRS.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes being made to the revenue procedure at this time.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Not-for-profit institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>5,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>7 hrs., 2 min.</P>
        <P>
          <E T="03">Estimated Total Annual Reporting Burden hours:</E>35,195.</P>
        <P>(3)<E T="03">Title:</E>Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1695.</P>
        <P>
          <E T="03">Form Number:</E>Revenue Ruling 2000-33.</P>
        <P>
          <E T="03">Abstract:</E>Revenue Ruling 2000-33 specifies the conditions the plan sponsor should meet to automatically defer a certain percentage of its employees' compensation into their accounts in an eligible deferred compensation plan.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Not-for-profit institutions, and state, local or tribal governments.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>500.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>60 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>500.</P>
        <P>(4)<E T="03">Title:</E>Deduction for Energy Efficient Commercial Buildings.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2004.</P>
        <P>
          <E T="03">Form Number:</E>Notice 2006-52.</P>
        <P>
          <E T="03">Abstract:</E>This notice sets forth a process that allows the owner of energy efficient commercial building property to certify that the property satisfies the requirements of § 179D(c)(1) and (d). This notice also provides a procedure whereby the developer of computer software may certify to the Internal Revenue Service that the software is acceptable for use in calculating energy and power consumption for purposes of § 179D of the Code.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households, Businesses and other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>21,767.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>1 hr., 40 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>3,761.</P>
        <P>(5)<E T="03">Title:</E>Guidance Necessary to Facilitate Business Election Filing.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2019.</P>
        <P>
          <E T="03">Form Number:</E>REG-161919-05.</P>
        <P>
          <E T="03">Abstract:</E>This regulation provides guidance to taxpayersfor determining which corporations are included in a controlled group of corporations.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>350,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>45 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>262,500.</P>
        <P>The following paragraph applies to all of the collections of information covered by this notice:</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request for Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: October 4, 2012.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25043 Filed 10-10-12; 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>Proposed Collection; Comment Request for Information Collection Tools</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8876, Excise Tax on Structured Settlement Factoring Transactions; Form 944-SS, Employer's ANNUAL Federal Tax Return (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, and Form 944-PR, Planilla para la Declaracion ANNUAL de la Cotribucion Federal del Patrono; Form 1099-MISC, Miscellaneous Income; Form 1099-<PRTPAGE P="61831"/>PATR, Taxable Distributions Received From Cooperatives; and Letter 109C, Return Requesting Refund Unlocatable or Not Filed; Send Copy.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before December 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the collection tools should be directed to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622-3634, or through the internet at<E T="03">RJoseph.Durbala@irs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Currently, the IRS is seeking comments concerning the following information collection tools, reporting, and record-keeping requirements:</P>
        <P>(1)<E T="03">Title:</E>Excise Tax on Structured Settlement Factoring Transactions.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1826.</P>
        <P>
          <E T="03">Form Number:</E>8876.</P>
        <P>
          <E T="03">Abstract:</E>Form 8876 is used to report structured settlement transactions and pay the applicable excise tax.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes to the previously approved burden of this existing collection.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations and individuals.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>100.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>5 hrs., 36 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>560.</P>
        <P>(2)<E T="03">Title:</E>Employer's ANNUAL Federal Tax Return (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands and Form 944-PR, Planilla para la Declaracion ANNUAL de la Cotribucion Federal del Patrono.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2010.</P>
        <P>
          <E T="03">Form Number:</E>Form 944-SS and Form 944-PR.</P>
        <P>
          <E T="03">Abstract:</E>Form 944-SS and Form 944-PR are designed so the smallest employers (those whose annual liability for social security and Medicare taxes is $1,000 or less) will have to file and pay these taxes only once a year instead of every quarter.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes being made to the revenue procedure at this time.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations, and Farms.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>20,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>9 hrs., 34 min.</P>
        <P>
          <E T="03">Estimated Total Annual Reporting Burden hours:</E>191,200.</P>
        <P>(3)<E T="03">Title:</E>Miscellaneous Income.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0115.</P>
        <P>
          <E T="03">Form Number:</E>1099-MISC.</P>
        <P>
          <E T="03">Abstract:</E>Form 1099-MISC is used by payers to report payments of $600 or more of rents, prizes and awards, medical and health care payments, nonemployee compensation, and crop insurance proceeds, $10 or more of royalties, any amount of fishing boat proceeds, certain substitute payments, golden parachute payments, and an indication of direct sales of $5,000 or more.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>79,480,844.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>18 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>24,639,062.</P>
        <P>(4)<E T="03">Title:</E>Taxable Distributions Received From Cooperatives.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0118.</P>
        <P>
          <E T="03">Form Number:</E>1099-PATR.</P>
        <P>
          <E T="03">Abstract:</E>Form 1099-PATR is used to report patronage dividends paid by cooperatives in accordance with Internal Revenue Code section 6044. The information is used by IRS to verify reporting compliance on the part of the recipient.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>1,961,131.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>15 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>509,895.</P>
        <P>(5)<E T="03">Title:</E>Return Requesting Refund Unlocatable or Not Filed; Send Copy.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0393.</P>
        <P>
          <E T="03">Form Number:</E>109C.</P>
        <P>
          <E T="03">Abstract:</E>If a taxpayer inquires about not receiving a refund and no return is found, this letter is sent requesting the taxpayer to file another return. The taxpayer must complete an affidavit stating that if they receive a second refund check, it will be return to the IRS.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households, business or other for-profit organizations, not-for-profit institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>18,233.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>5 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>1,513.</P>
        <P>The following paragraph applies to all of the collections of information covered by this notice:</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request For Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: October 3, 2012.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24946 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="61832"/>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Internal Revenue Service</SUBAGY>
        <SUBJECT>Proposed Collection; Comment Request for Information Collection Tools</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Notice 2009-85, Guidance for Expatriates and Recipients of Foreign Source Gifts and Bequests Under Sections 877A, 2801, and 6039G; Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation, and Schedule P (Form 1120-FSC), Transfer Price or Commission; Form 8288-B, Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests; PS-79-93 (TD 8633), Grantor Trust Reporting Requirements (§ 1.674-4); and Form 8844, Empowerment Zone Employment Credit.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before December 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the collection tools should be directed to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202)622-3634, or through the internet at<E T="03">RJoseph.Durbala@irs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Currently, the IRS is seeking comments concerning the following information collection tools, reporting, and record-keeping requirements:</P>
        <P>(1)<E T="03">Title:</E>Guidance for Expatriates and Recipients of Foreign Source Gifts and Bequests Under Sections 877A, 2801, and 6039G.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2123.</P>
        <P>
          <E T="03">Form Number:</E>Notice 2009-85.</P>
        <P>
          <E T="03">Abstract:</E>Section 301 of the Heroes Earnings Assistance and Relief Tax Act of 2008 (the “Act”) enacted new sections 877A and 2801 of the Internal Revenue Code (“Code”), amended sections 6039G and 7701(a), made conforming amendments to sections 877(e) and 7701(b), and repealed section 7701(n). This notice provides guidance regarding certain federal tax consequences under these sections for individuals who renounce U.S. citizenship or cease to be taxed as lawful permanent residents of the United States.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes to the previously approved burden of this existing collection.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>100.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>4 hrs., 17 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>420.</P>
        <P>(2)<E T="03">Title:</E>Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation, and Schedule P (Form 1120-FSC), Transfer Price or Commission.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0935.</P>
        <P>
          <E T="03">Form Number:</E>1120-FSC and Schedule P (Form 1120-FSC).</P>
        <P>
          <E T="03">Abstract:</E>Form 1120-FSC is filed by foreign corporations that have elected to be FSCs or small FSCs. The FSC uses Form 1120-FSC to report income and expenses and to figure its tax liability. IRS uses Form 1120-FSC and Schedule P (Form 1120-FSC) to determine whether the FSC has correctly reported its income and expenses and figured its tax liability correctly.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes being made to the revenue procedure at this time.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>30,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>165 hrs., 37 min.</P>
        <P>
          <E T="03">Estimated Total Annual Reporting Burden hours:</E>1,088,250.</P>
        <P>(3)<E T="03">Title:</E>Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Property Interests.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1060.</P>
        <P>
          <E T="03">Form Number:</E>8288-B.</P>
        <P>
          <E T="03">Abstract:</E>Section 1445 of the Internal Revenue Code requires transferees to withhold tax on the amount realized from sales or other dispositions by foreign persons of U.S. real property interests. Code sections 1445(b) and (c) allow the withholding to be reduced or eliminated under certain circumstances. Form 8288-B is used to apply for a withholding certificate from IRS to reduce or eliminate the withholding required by Code section 1445.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations and individuals or households.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>5,079.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>6 hrs., 8 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>31,135.</P>
        <P>(4)<E T="03">Title:</E>Grantor Trust Reporting Requirements.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1442.</P>
        <P>
          <E T="03">Form Number:</E>PS-79-93.</P>
        <P>
          <E T="03">Abstract:</E>The information required by these regulations is used by the Internal Revenue Service to ensure that items of income, deduction, and credit of a trust as owned by a grantor or another person are properly reported.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations and individuals or households.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>1,840,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>30 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>920,000.</P>
        <P>(5)<E T="03">Title:</E>Empowerment Zone Employment Credit.</P>
        <P>
          <E T="03">OMB Number:</E>1545-1444.</P>
        <P>
          <E T="03">Form Number:</E>8844.</P>
        <P>
          <E T="03">Abstract:</E>Employers who hire employees who live and work in one of the eleven designated empowerment zones can receive a tax credit for the first $15,000 of wages paid to each employee.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations, individuals or households, farms and non-profit institutions.<PRTPAGE P="61833"/>
        </P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>40,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>8 hrs., 5 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>237,600.</P>
        <P>The following paragraph applies to all of the collections of information covered by this notice:</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request for Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: September 24, 2012.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-24938 Filed 10-10-12; 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>Proposed Collection; Comment Request for Information Collection Tools</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Internal Revenue Service (IRS), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, and Form 940-PR, Planilla Para La Declaracion Anual Del Patrono—La Contribucion Federal Para El Desempleo (FUTA); Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt charitable Trust Treated as a Private Foundation, and Form 4720, return of Certain Excise Taxes on Charities and Other Persons Under Chapters 41 and 42 of the Internal revenue Code; Form 5227, Split-Interest Trust Information Return; Revenue Procedure 97-33, Electronic Federal Tax Payment System (EFTPS); and TD 9338, Information Returns Required with Respect to Certain Foreign Corporations and Certain Foreign-Owned Domestic Corporations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments should be received on or before December 10, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Direct all written comments to Yvette Lawrence, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the collection tools should be directed to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622-3634, or through the Internet at<E T="03">RJoseph.Durbala@irs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Currently, the IRS is seeking comments concerning the following information collection tools, reporting, and record-keeping requirements:</P>
        <P>(1)<E T="03">Title:</E>Employer's Annual Federal Unemployment (FUTA) Tax Return (Form 940) and Planilla Para La Declaracion Anual Del Patrono-La Contribucion Federal Para El Desempleo (FUTA) (Form 940-PR).</P>
        <P>
          <E T="03">OMB Number:</E>1545-0028.<E T="03">Form Number:</E>940 and 940-PR.</P>
        <P>
          <E T="03">Abstract:</E>Internal Revenue Code section 3301 imposes a tax on employers based on the first $7,000 of taxable wages paid to each employee. The tax is computed and reported on Forms 940 and 940-PR (Puerto Rico employers only). IRS uses the information on Forms 940 and 940-PR to ensure that employers have reported and figured the correct FUTA wages and tax.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes to the previously approved burden of this existing collection.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Businesses or other for-profit organizations, individuals, or households, and farms.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>1,573,920.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>57 hrs., 26 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>90,403,900.</P>
        <P>(2)<E T="03">Title:</E>Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt charitable Trust Treated as a Private Foundation, and Form 4720, return of Certain Excise Taxes on Charities and Other Persons Under Chapters 41 and 42 of the Internal revenue Code.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0052.</P>
        <P>
          <E T="03">Form Number:</E>990-PF and 4720.</P>
        <P>
          <E T="03">Abstract:</E>Internal Revenue Code section 6033 requires all private foundations, including section 4947(a)(1) trusts treated as private foundations, to file an annual information return. Section 53.4940-1(a) of the Income Tax Regulations requires that the tax on net investment income be reported on the return filed under section 6033. Form 990-PF is used for this purpose. Section 6011 requires a report of taxes under Chapter 42 of the Code for prohibited acts by private foundations and certain related parties. Form 4720 is used by foundations and/or related persons to report prohibited activities in detail and pay the tax on them.</P>
        <P>
          <E T="03">Current Actions:</E>There are no changes being made to the revenue procedure at this time.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Not-for-profit institutions.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>55,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>200 hrs., 58 min.</P>
        <P>
          <E T="03">Estimated Total Annual Reporting Burden hours:</E>11,052,594.</P>
        <P>(3)<E T="03">Title:</E>Split-Interest Trust Information Return.</P>
        <P>
          <E T="03">OMB Number:</E>1545-0196.</P>
        <P>
          <E T="03">Form Number:</E>5227.</P>
        <P>
          <E T="03">Abstract:</E>Form 5227 is used to report the financial activities of a split-interest<PRTPAGE P="61834"/>trust described in Internal Revenue Code section 4947(a)(2), and to determine whether the trust is treated as a private foundation and is subject to the excise taxes under Chapter 42 of the Code.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>88,640.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>84 hrs., 24 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>7,480,960.</P>
        <P>(4)<E T="03">Title:</E>Federal Tax Payment System (EFTPS).</P>
        <P>
          <E T="03">OMB Number:</E>1545-1546.</P>
        <P>
          <E T="03">Form Number:</E>Revenue Procedure 97-33.</P>
        <P>
          <E T="03">Abstract:</E>The Electronic Federal Tax Payment System (EFTPS) is an electronic remittance processing system for making federal tax deposits (FTDs) and federal tax payments (FTPs). Revenue Procedure 97-33 provides taxpayers with information and procedures that will help them to electronically make FTDs and tax payments through EFTPS.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households, business or other for-profit organizations, not-for-profit institutions, farms, and Federal, state, local or tribal governments.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>557,243.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>30 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>278,622.</P>
        <P>(5)<E T="03">Title:</E>Information Returns Required with Respect to Certain Foreign Corporations and Certain Foreign-Owned Domestic Corporations.</P>
        <P>
          <E T="03">OMB Number:</E>1545-2020.</P>
        <P>
          <E T="03">Form Number:</E>TD 9338.</P>
        <P>
          <E T="03">Abstract:</E>This regulation will provide guidance regarding accounting methods and penalties under section 6038.</P>
        <P>
          <E T="03">Current Actions:</E>There is no change in the paperwork burden previously approved by OMB.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households, Businesses and other for-profit organizations.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>5,000.</P>
        <P>
          <E T="03">Estimated Time per Respondent:</E>25 min.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>1,250.</P>
        <P>The following paragraph applies to all of the collections of information covered by this notice:</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.</P>
        <P>
          <E T="03">Request for Comments:</E>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (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 estimate 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 of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.</P>
        <SIG>
          <DATED>Approved: October 4, 2012.</DATED>
          <NAME>R. Joseph Durbala,</NAME>
          <TITLE>IRS Reports Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-25045 Filed 10-10-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4830-01-P</BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>77</VOL>
  <NO>197</NO>
  <DATE>Thursday, October 11, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="61835"/>
      <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; Endangered Species Status for Cape Sable Thoroughwort, Florida Semaphore Cactus, and Aboriginal Prickly-Apple, and Designation of Critical Habitat for Cape Sable Thoroughwort; Proposed Rule</TITLE>
    </PTITLE>
    <PRORULES>
      <PRORULE>
        <PREAMB>
          <PRTPAGE P="61836"/>
          <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
          <SUBAGY>Fish and Wildlife Service</SUBAGY>
          <CFR>50 CFR Part 17</CFR>
          <DEPDOC>[Docket No. FWS-R4-ES-2012-0076; 4500030113]</DEPDOC>
          <RIN>RIN 1018-AY08</RIN>
          <SUBJECT>Endangered and Threatened Wildlife and Plants; Endangered Species Status for Cape Sable Thoroughwort, Florida Semaphore Cactus, and Aboriginal Prickly-Apple, and Designation of Critical Habitat for Cape Sable Thoroughwort</SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>Fish and Wildlife Service, Interior.</P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Proposed rule.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>
            <P>We, the U.S. Fish and Wildlife Service, propose to list<E T="03">Chromolaena frustrata</E>(Cape Sable thoroughwort),<E T="03">Consolea corallicola</E>(Florida semaphore cactus), and<E T="03">Harrisia aboriginum</E>(aboriginal prickly-apple) as an endangered species under the Endangered Species Act, and we propose to designate critical habitat for<E T="03">Chromolaena frustrata.</E>We have determined that designation of critical habitat is not prudent for<E T="03">Consolea corallicola</E>and<E T="03">H. aboriginum.</E>These are proposed regulations, and if finalized, their effect will be to add all three species to the List of Endangered or Threatened Plants and to designate critical habitat for one species under the Endangered Species Act.</P>
          </SUM>
          <DATES>
            <HD SOURCE="HED">DATES:</HD>

            <P>We will accept comments received or postmarked on or before December 10, 2012. Comments submitted electronically using the Federal eRulemaking Portal (see<E T="02">ADDRESSES</E>section, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section by November 26, 2012.</P>
          </DATES>
          <ADD>
            <HD SOURCE="HED">ADDRESSES:</HD>
            <P>You may submit comments by one of the following methods:</P>
            <P>(1)<E T="03">Electronically:</E>Go to the Federal eRulemaking Portal:<E T="03">http://www.regulations.gov.</E>In the search box, enter Docket No. FWS-R4-ES-2012-0076, which is the docket number for this rulemaking. Then, click the Search button. You may submit a comment by clicking on “Comment Now!” If your comments will fit in the provided comment box, please use this feature of<E T="03">http://www.regulations.gov,</E>as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel.</P>
            <P>(2)<E T="03">By hard copy:</E>Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R4-ES-2012-0076; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.</P>

            <P>We request that you send comments only by the methods described above. We will post all comments on<E T="03">http://www.regulations.gov.</E>This generally means that we will post any personal information you provide us (see the Information Requested section below for more information).</P>

            <P>The coordinates, or plot points, or both, from which the critical habitat maps are generated are included in the administrative record for this rulemaking and are available at<E T="03">http://www.fws.gov/verobeach/, http://www.regulations.gov</E>at Docket No. FWS-R4-ES-2012-0076, and at the South Florida Ecological Services Office (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>). Any additional tools or supporting information that we have used for this rulemaking will also be available at the Fish and Wildlife Service Web site and Field Office set out above, and may also be included in the preamble of this proposed rule or at<E T="03">http://www.regulations.gov.</E>
            </P>
          </ADD>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Larry Williams, Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Office, 1339 20th Street, Vero Beach, FL 32960; by telephone 772-562-3909; or by facsimile 772-562-4288. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.</P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P>This document consists of: (1) A proposed rule to list<E T="03">Chromolaena frustrata Consolea corallicola,</E>and<E T="03">Harrisia aboriginum</E>as an endangered species; and (2) a proposed rule to designate critical habitat for<E T="03">Chromolaena frustrata.</E>
          </P>
          <HD SOURCE="HD1">Executive Summary</HD>
          <P>
            <E T="03">Why we need to publish a rule.</E>Under the Endangered Species Act (Act), a species may warrant protection through listing if it is an endangered or threatened species throughout all or a significant portion of its range.<E T="03">Chromolaena frustrata, Consolea corallicola,</E>and<E T="03">Harrisia aboriginum</E>are highly restricted in their ranges and the threats occur throughout their ranges; therefore, these species qualify for listing. We are proposing to list these plants as endangered species. Their protection under the Act can only be done by issuing a rule.</P>
          <P>•<E T="03">Chromolaena frustrata</E>has been extirpated (no longer in existence) from half of the islands where it occurred in the Florida Keys, and threats of competition from nonnative plants and habitat loss still exist in the remaining populations.</P>
          <P>•<E T="03">Consolea corallicola</E>has been extirpated from half of the islands where it occurred in the Florida Keys, and threats of poaching, predation by a nonnative moth, competition from nonnative plant species, and habitat loss still exist in the remaining populations.</P>
          <P>•<E T="03">Harrisia aboriginum</E>has been extirpated from the northern extent of its range in Manatee County, and threats of poaching, competition from nonnative plant species, and habitat loss still exist in the remaining populations.</P>
          <P>
            <E T="03">The basis for our action.</E>Under the Act, a species may be determined to be an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence.</P>
          <P>We have determined that threats to<E T="03">Chromolaena frustrata</E>include destruction, modification, or curtailment of its habitat or range; inadequate existing regulatory mechanisms; and other natural or man-made factors, including climate change (sea level rise), small populations, and competition from nonnative plant species.</P>
          <P>We have determined that threats to<E T="03">Consolea corallicola</E>include destruction, modification, or curtailment of its habitat or range; overuse (poaching) and predation; inadequate existing regulatory mechanisms; and other natural or man-made factors, including climate change (sea level rise), small populations, low genetic diversity, and competition from nonnative plant species.</P>
          <P>We have determined that the threats to<E T="03">Harrisia aboriginum</E>include destruction, modification, or curtailment of its habitat or range; overuse (poaching); inadequate existing regulatory mechanisms; and other natural or man-made factors, including climate change (sea level rise), small populations, and competition from nonnative plant species.<PRTPAGE P="61837"/>
          </P>
          <P>This rule proposes to designate critical habitat for<E T="03">Chromolaena frustrata.</E>
          </P>

          <P>• In total, approximately 3,466 hectares (8,565 acres) are being proposed for designation as critical habitat for<E T="03">C. frustrata.</E>The proposed critical habitat is located in Miami-Dade and Monroe Counties, Florida.</P>

          <P>• The proposed designation includes both occupied and unoccupied critical habitat, although those areas are not differentiated in the proposed rule or on the maps. Where the unit is not occupied by<E T="03">Chromolaena frustrata,</E>we have concluded that the area is essential for the conservation of the species because the designation would allow for the expansion of<E T="03">Chromolaena frustrata</E>`s range and reintroduction of individuals into areas where the species previously occurred.</P>
          <P>This rule does not propose critical habitat for<E T="03">Consolea corallicola</E>or<E T="03">Harrisia aboriginum.</E>We have determined that designation of critical habitat would not be prudent for either species.</P>

          <P>• Designation would increase the likelihood and severity of illegal collection of<E T="03">C. corallicola</E>and<E T="03">H. aboriginum,</E>and in doing so make enforcement of take prohibitions more difficult.</P>
          <P>• These threats outweigh the benefits of designation for the two species.</P>
          <HD SOURCE="HD1">Peer Review</HD>
          <P>We are seeking comments from knowledgeable individuals with scientific expertise to review our technical assumptions, analysis of the best available science, and application of that science and to provide any additional scientific information to improve this proposed rule.</P>
          <HD SOURCE="HD1">Information Requested</HD>
          <P>We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning:</P>
          <P>(1) The species' biology, range, and population trends, including:</P>
          <P>(a) Habitat requirements for feeding, breeding, and sheltering;</P>
          <P>(b) Genetics and taxonomy;</P>
          <P>(c) Historical and current range, including distribution patterns;</P>
          <P>(d) Historical and current population levels, and current and projected trends; and</P>
          <P>(e) Past and ongoing conservation measures for the species, its habitat, or both.</P>

          <P>(2) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C. 1531<E T="03">et seq.</E>), which are:</P>
          <P>(a) The present or threatened destruction, modification, or curtailment of its habitat or range;</P>
          <P>(b) Overutilization for commercial, recreational, scientific, or educational purposes;</P>
          <P>(c) Disease or predation;</P>
          <P>(d) The inadequacy of existing regulatory mechanisms; or</P>
          <P>(e) Other natural or manmade factors affecting its continued existence.</P>
          <P>(3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and existing regulations that may be addressing those threats.</P>
          <P>(4) Additional information concerning the historical and current status, range, distribution, and population size of these species, including the locations of any additional occurrences or populations of these species.</P>
          <P>(5) Any information on the biological or ecological requirements of these species and ongoing conservation measures for these species and their habitats.</P>

          <P>(6) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act (16 U.S.C. 1531<E T="03">et seq.</E>), including whether there are threats to all the species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent.</P>
          <P>(7) Specific information on:</P>
          <P>(a) The amount and distribution of<E T="03">Chromolaena frustrata</E>habitat;</P>
          <P>(b) What areas, that were occupied at the time of listing (or are currently occupied) and that contain features essential to the conservation of the species, should be included in the designation and why;</P>
          <P>(c) What areas not occupied at the time of listing are essential for the conservation of the species and why.</P>

          <P>(8) Land use designations and current or planned activities in the areas occupied by<E T="03">Chromolaena frustrata</E>or proposed to be designated as critical habitat, and possible impacts of these activities on the species and proposed critical habitat.</P>

          <P>(9) Information on the projected and reasonably likely impacts of climate change on<E T="03">Chromolaena frustrata, Consolea corallicola,</E>and<E T="03">Harrisia aboriginum,</E>and proposed critical habitat for<E T="03">Chromolaena frustrata.</E>
          </P>
          <P>(10) Probable economic, national security, or other relevant impacts that may result from designating any area that may be included in the final designation. We are particularly interested in any impacts on small entities, and the benefits of including or excluding areas from the proposed designation that are subject to these impacts.</P>
          <P>(11) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments.</P>
          <P>(12) The likelihood of adverse social reactions to the designation of critical habitat and how the consequences of such reactions, if likely to occur, would relate to the conservation and regulatory benefits of the proposed critical habitat designation.</P>
          <P>Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include.</P>
          <P>Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made “solely on the basis of the best scientific and commercial data available.”</P>

          <P>You may submit your comments and materials concerning this proposed rule by one of the methods listed in the<E T="02">ADDRESSES</E>section. We request that you send comments only by the methods described in the<E T="02">ADDRESSES</E>section.</P>
          <P>If you submit information via<E T="03">http://www.regulations.gov,</E>your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on<E T="03">http://www.regulations.gov</E>. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include.<PRTPAGE P="61838"/>
          </P>

          <P>Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on<E T="03">http://www.regulations.gov,</E>or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, South Florida Ecological Services Office, Vero Beach, Florida (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>).</P>
          <HD SOURCE="HD1">Previous Federal Actions</HD>
          <P>
            <E T="03">Consolea corallicola</E>was first recognized as a candidate species (under the species' former name<E T="03">Opuntia spinosissima</E>) on September 27, 1985 (50 FR 39526). It was removed from the candidate list from 1996 to 1998 because there was not sufficient information on the species' biological vulnerability and threats to support issuance of a proposed rule. The 1999 Candidate Notice of Review (CNOR) published in the<E T="04">Federal Register</E>on October 25, 1999 (64 FR 57534) included<E T="03">C. corallicola</E>(under the species' previous name<E T="03">Opuntia corallicola</E>) as a candidate for listing under the Act. We determined that listing was warranted, but was precluded due to workloads and priorities, and we assigned a listing priority number (LPN) of 5 to the species (64 FR 57534). Candidate species are assigned LPNs based on immediacy and magnitude of threats, as well as taxonomic status. The lower the LPN, the higher priority that species is for us to determine appropriate action using our available resources. In 2001,<E T="03">C. corallicola</E>(under the species' previous name<E T="03">Opuntia corallicola</E>) remained a candidate species with the LPN of 5 (66 FR 54808, October 30, 2001). In the 2002 CNOR published on June 13, 2002 (67 FR 40657), and under the name<E T="03">Consolea (opuntia) corallicola,</E>we changed the LPN of the species from a 5 to a 2 because the threats to the species were found to be more imminent than previously known.<E T="03">Consolea corallicola</E>retained the LPN of 2 in the 2004 CNOR published on May 4, 2004 (69 FR 24876). We published a finding for the species in the 2005 CNOR on May 11, 2005 (70 FR 24869) in response to a petition received on May 11, 2004. The species remained on the candidate list as published in the CNORs from 2006 to 2011 with the LPN of 2 (71 FR 53756, September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 75176, December 10, 2008; 74 FR 57804, November 9, 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011).</P>
          <P>
            <E T="03">Chromolaena frustrata</E>was first recognized as a candidate species in the 1999 CNOR published in the<E T="04">Federal Register</E>on October 25, 1999 (64 FR 57534). We determined that listing was warranted, but was precluded due to workloads and priorities, and we assigned a LPN of 5 to the species (64 FR 57534). In 2001,<E T="03">C. frustrata</E>remained on the candidate species with the LPN of 5 (66 FR 54808, October 30, 2001). In the 2002 and 2004 CNORs (67 FR 40657, June 13, 2002; 69 FR 24876, May 4, 2004)<E T="03">C. frustrata</E>retained the LPN of 5. We published a finding for the species in the 2005 CNOR on May 11, 2005 (70 FR 24869), in response to a petition received on May 11, 2004. We also changed the LPN of C.<E T="03">frustrata</E>from a 5 to a 2 because the threats to the species were found to be more imminent than previously known. The species remained on the candidate list as published in the CNORs from 2006 to 2011 with the LNP of 2 (71 FR 53756, September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 75176, December 10, 2008; 74 FR 578040, November 9, 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011).</P>
          <P>The Service first recognized<E T="03">Harrisia aboriginum</E>as a candidate species in the CNOR published on September 12, 2006, and we assigned an LPN of 5 (71 FR 53756). We determined that listing was warranted, but was precluded due to workloads and priorities.<E T="03">Harrisia aboriginum</E>retained its candidate status in 2007 (72 FR 69034, December 6, 2007) and an LPN of 5. In the CNOR published on December 10, 2008 (73 FR 75176), we changed the LPN of<E T="03">H. aboriginum</E>from a 5 to a 2 because the threats to the species were found to be more imminent than previously known. The species remained on the candidate list as published in the CNORs from 2009 to 2011 with the LNP of 2 (74 FR 57804, November 9, 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011).</P>

          <P>On May 10, 2011, the Service announced a work plan to restore biological priorities and certainty to the Service's listing process. As part of an agreement with one of the agency's most frequent plaintiffs, the Service filed a work plan with the U.S. District Court for the District of Columbia. The work plan will enable the agency to, over a period of 6 years, systematically review and address the needs of more than 250 species listed within the 2010 Candidate Notice of Review, including<E T="03">Chromolaena frustrata, Consolea corallicola,</E>and<E T="03">Harrisia aboriginum,</E>to determine if these species should be added to the Federal Lists of Endangered and Threatened Wildlife and Plants. This work plan will enable the Service to again prioritize its workload based on the needs of candidate species, while also providing state wildlife agencies, stakeholders, and other partners clarity and certainty about when listing determinations will be made. On July 12, 2011, the Service reached an agreement with a second frequent plaintiff group and further strengthened the work plan, which will allow the agency to focus its resources on the species most in need of protection under the Act. These agreements were approved on September 9, 2011. The timing of this proposed listing is, in part, therefore, an outcome of the work plan.</P>
          <HD SOURCE="HD1">Status Assessment for<E T="7462">Chromolaena frustrata, Consolea corallicola,</E>and<E T="7462">Harrisia aboriginum</E>
          </HD>
          <HD SOURCE="HD1">Background</HD>

          <P>It is our intent to discuss below only those topics directly relevant to the listing of<E T="03">Chromolaena frustrata, Consolea corallicola,</E>and<E T="03">Harrisia aboriginum</E>as endangered in this section of the proposed rule.</P>
          <HD SOURCE="HD3">Chromolaena frustrata</HD>
          <HD SOURCE="HD3">General Biology</HD>
          <P>
            <E T="03">Chromolaena frustrata</E>(Family: Asteraceae) is a perennial herb. Mature plants are 15 to 25 centimeters (cm) (5.9 to 9.8 inches ((in)) tall with erect stems. The leaves and stems are covered in short, fuzzy hairs. The leaves have three distinct veins, are roughly oval or egg shaped, and have toothed edges. The blue to lavender flowers are borne in heads usually in clusters of two to six. Flowers are produced mostly in the fall, though sometimes year round (Nesom 2006, pp. 544-545).</P>
          <HD SOURCE="HD3">Taxonomy, Life History, and Distribution</HD>
          <P>
            <E T="03">Chromolaena frustrata</E>was first reported by Chapman in 1886, from the Florida Keys, who called it<E T="03">Eupatorium heteroclinium</E>(Chapman 1889, p. 626). Early authors assigned the species to the genus<E T="03">Osmia</E>(Small 1913, p. 147; 1933, p. 1320). In 1970, R.M. King and H.E. Robinson placed this species in the genus<E T="03">Chromolaena</E>(King and Robinson 1970, p. 201). Some authors continued to assign the species to the genus<E T="03">Eupatorium</E>(i.e., Long and Lakela 1971, p. 873 and Cronquist 1980, p. 185). The authors of<E T="03">Vascular Plants of Florida</E>recognize<E T="03">Chromolaena frustrata</E>(Wunderlin and Hansen 2008, pp. 1-2). The Integrated Taxonomic Information System (ITIS) (2012, p. 1) indicates that the taxonomic standing for<E T="03">C. frustrata</E>(B.L. Robinson) King and H.E. Robinson is accepted. Synonyms include<E T="03">Eupatorium frustratum</E>B.L. Robinson<PRTPAGE P="61839"/>and<E T="03">Osmia frustrata</E>(B.L. Robinson) Small.</P>
          <HD SOURCE="HD3">Climate</HD>
          <P>The climate of south Florida where<E T="03">Chromolaena frustrata</E>occurs is classified as tropical savanna and is characterized by distinct wet and dry seasons, a monthly mean temperature above 18 °C (64.4 °F) in every month of the year, and annual rainfall averaging 75 to 150 cm (30 to 60 in) (Gabler<E T="03">et al.</E>1994, p. 211). Freezes can occur in the winter months, but are very infrequent at this latitude in Florida.</P>
          <HD SOURCE="HD3">Habitat</HD>
          <P>
            <E T="03">Chromolaena frustrata</E>grows in open canopy habitats, including coastal berms and coastal rock barrens, and in semi-open to closed canopy habitats, including buttonwood forests and rockland hammocks.</P>
          <HD SOURCE="HD3">Coastal Berm</HD>

          <P>Coastal berms are landscape features found along low-energy coastlines in south Florida and the Florida Keys. Coastal berm is a short forest or shrub thicket found on long, narrow, storm-deposited ridges of loose sediment formed by a mixture of coarse shell fragments, pieces of coralline algae, and other coastal debris. These ridges parallel the shore and may be found on the seaward edge or landward edge of the mangroves or farther inland depending on the height of the storm surge that formed them. They range in height from 30 to 305 cm (1 to 10 feet (ft)). Structure and composition of the vegetation is variable depending on height and time since the last storm event. The most stable berms may share some tree species with rockland hammocks, but generally have a greater proportion of shrubs and herbs. Tree species may include<E T="03">Bursera simaruba</E>(gumbo limbo),<E T="03">Coccoloba uvifera</E>(seagrape),<E T="03">Coccothrinax argentata</E>(silver palm),<E T="03">Guapira discolor</E>(blolly),<E T="03">Drypetes diversifolia</E>(milkbark),<E T="03">Genipa clusiifolia</E>(seven year apple), and<E T="03">Metopium toxiferum</E>(poisonwood). Characteristic tall shrub and short tree species include<E T="03">Eugenia foetida</E>(Spanish stopper),<E T="03">Ximenia americana</E>(hog plum),<E T="03">Randia aculeata</E>(white indigoberry),<E T="03">Pithecellobium keyense</E>(Florida Keys blackbead)<E T="03">,</E>and<E T="03">Sideroxylon celastrinum</E>(saffron plum). Short shrubs and herbs include<E T="03">Hymenocallis latifolia</E>(perfumed spiderlily)<E T="03">, Capparis flexuosa</E>(bayleaf capertree),<E T="03">Lantana involucrata</E>(buttonsage), and<E T="03">Rivina humilis</E>(rougeplant). More seaward berms or those more recently affected by storm deposition may support a suite of plants similar to beaches, including shoreline<E T="03">Sesuvium portulacastrum</E>(sea purslane),<E T="03">Distichlis spicata</E>(saltgrass), and<E T="03">Sporobolus virginicus</E>(seashore dropseed), or scattered to dense shrub thickets with<E T="03">Conocarpus erectus</E>(buttonwood), stunted<E T="03">Avicennia germinans</E>(black mangrove),<E T="03">Rhizophora mangle</E>(red mangrove),<E T="03">Laguncularia racemosa</E>(white mangrove),<E T="03">Suriana maritima</E>(bay cedar),<E T="03">Manilkara jaimiqui</E>(wild dilly),<E T="03">Jacquinia keyensis</E>(joewood), and<E T="03">Borrichia frutescens</E>(bushy seaside oxeye) (Florida Natural Areas Inventory (FNAI) 2010a<E T="03">,</E>p. 1).</P>

          <P>Coastal berms are deposited by storm waves along low-energy coasts. Their distance inland depends on the height of the storm surge. Tall berms may be the product of repeated storm deposition. Coastal berms that are deposited far enough inland and remain long-undisturbed may in time succeed to hammock. This is a structurally variable community that may appear in various stages of succession following storm disturbance, from scattered herbaceous beach colonizers to a dense stand of tall shrubs (FNAI 2010a<E T="03">,</E>p. 2).</P>
          <HD SOURCE="HD3">Coastal Rock Barren</HD>
          <P>Also known as Keys tidal rock barren or Keys cactus barren, coastal rock barren is confined to the Florida Keys on limestone bedrock along shores facing both Florida Bay and the Straits of Florida. Coastal rock barrens are flat rocklands with much exposed and eroded limestone, little soil or leaf litter, and a sparse cover of stunted halophytic herbs and shrubs in tidal rock barrens (FNAI 2010b, p. 1), or a wide variety of herbs and succulents in cactus barrens (FNAI 2010c, p. 1). The amount of exposed rock varies from practically 0 to over 50 percent of the area.</P>

          <P>In tidal rock barrens, patches of low, salt-tolerant herbaceous species include<E T="03">Borrichia frutescens</E>and<E T="03">B. arborescens</E>(seaside oxeye)<E T="03">, Sarcocornia perennis</E>(perennial glasswort),<E T="03">Batis maritima</E>(saltwort),<E T="03">Monanthochloe littoralis</E>(shoregrass)<E T="03">, Distichlis spicata, Sporobolus virginicus,</E>and<E T="03">Fimbristylis spadicea</E>(marsh fimbry).<E T="03">Conocarpus erectus</E>is the dominant woody plant and varies from stunted, sprawling, multi-stemmed shrubs to tree size. Other typical woody species are<E T="03">Rhizophora mangle, Avicennia germinans,</E>
            <E T="03">Laguncularia racemosa,</E>and<E T="03">Lycium carolinianum</E>(christmasberry). At the transition to upland vegetation<E T="03">C. erectus</E>may be joined by a variety of shrubs and stunted trees of inland woody species, including<E T="03">Sideroxylon celastrinum, Gossypium hirsutum</E>(wild cotton),<E T="03">Pithecellobium keyense, Suriana maritima,</E>
            <E T="03">Randia aculeata, Manilkara jaimiqui,</E>
            <E T="03">Metopium toxiferum, Jacquinia keyensis,</E>
            <E T="03">Maytenus phyllanthoides</E>(Florida mayten), and<E T="03">Acanthocereus tetragonus</E>(barbed-wire cactus) (FNAI 2010b, p. 1).</P>

          <P>In cactus barrens, the vegetation consists of a wide variety of herbaceous and succulent species which characteristically includes cacti, agaves, and several rare herbs. Among the latter are<E T="03">Evolvulus convolvuloides</E>(dwarf bindweed),<E T="03">Cienfuegosia yucatanensis</E>(Yucatan flymallow),<E T="03">Jacquemontia pentanthos</E>(skyblue clustervine), and<E T="03">Indigofera mucronata</E>var.<E T="03">keyensis</E>(Florida Keys indigo). These frequently occur with grasses and sedges, such as<E T="03">Leptochloa dubia</E>(green sprangletop),<E T="03">Paspalidium chapmanii</E>(coral panicum), and<E T="03">Cyperus elegans</E>(royal flatsedge). Spiny species, particularly the rare<E T="03">Opuntia triacantha</E>(three-spined pricklypear), are characteristic but their abundance is variable. Other spiny species include<E T="03">Agave decipiens</E>(false sisal),<E T="03">Acanthocereus tetragonus,</E>and<E T="03">Opuntia stricta</E>(erect pricklypear). Scattered clumps of stunted trees may be present, including<E T="03">Bursera simaruba, Conocarpus erectus, Eugenia foetida,</E>and<E T="03">Pithecellobium unguis-cati</E>(catclaw blackbead) (FNAI 2010c, p. 1).</P>
          <P>Coastal rock barren occurs above the daily tidal range, but is subject to flooding by seawater during extreme tides and storm events. Salt spray from coastal winds, as well as shallow soils, may limit height growth of woody plants. Aside from bare rock substrate, discontinuous patches of thin marl soils may be present. Fires are rare to non existent in this community (FNAI 2010b, p. 2). The natural process giving rise to cactus barrens is not known, but because they occur on sites where the thin layer of organic soil over limestone bedrock is missing, they may have formed by soil erosion following destruction of the plant cover by fire, storm, or artificial clearing (FNAI 2010c, p. 2).</P>
          <P>At its seaward edge, coastal rock barren borders mangrove swamp or salt marshes that are regularly inundated. At its upland edge, coastal rock barrens may grade into rockland hammock or pine rockland (FNAI 2010b, p. 2; 2010c, p. 2).</P>
          <HD SOURCE="HD3">Buttonwood Forest</HD>

          <P>Forests dominated by buttonwood often exist in upper tidal areas, especially where mangrove swamp transitions to rockland hammock. These buttonwood forests have canopy dominated by<E T="03">Conocarpus erectus</E>and often have an understory dominated by<E T="03">Borrichia frutescens, Lycium<PRTPAGE P="61840"/>carolinianum,</E>and<E T="03">Limonium carolinianum</E>(sea lavender) (FNAI 2010d, p. 4).</P>
          <P>Temperature, salinity, tidal fluctuation, substrate, and wave energy influence the size and extent of buttonwood forests (FNAI 2010e, p. 3). Buttonwood forests often grade into salt marsh, coastal berm, rockland hammock, and coastal rock barren (FNAI 2010d, p. 5).</P>
          <HD SOURCE="HD3">Rockland Hammock</HD>

          <P>Rockland hammock is a species-rich tropical hardwood forest on upland sites in areas where limestone is very near the surface and often exposed. The forest floor is largely covered by leaf litter with varying amounts of exposed limestone and has few herbaceous species. Rockland hammocks typically have larger, more mature trees in the interior, while the margins can be almost impenetrable in places with dense growth of smaller shrubs, trees, and vines. Typical canopy and subcanopy species include<E T="03">Bursera simaruba, Lysiloma latisiliquum</E>(false tamarind),<E T="03">Coccoloba diversifolia</E>(pigeon plum),<E T="03">Sideroxylon foetidissimum</E>(false mastic),<E T="03">Ficus aurea</E>(strangler fig),<E T="03">Piscidia piscipula</E>(Jamaican dogwood),<E T="03">Ocotea coriacea</E>(lancewood),<E T="03">Drypetes diversifolia, Simarouba glauca</E>(paradisetree),<E T="03">Sideroxylon salicifolium</E>(willow bustic),<E T="03">Krugiodendron ferreum</E>(black ironwood),<E T="03">Exothea paniculata</E>(inkwood),<E T="03">Metopium toxiferum,</E>and<E T="03">Swietenia mahagoni</E>(West Indies mahogany). Mature hammocks can be open beneath a tall,well-defined canopy and subcanopy. More commonly, in less mature or disturbed hammocks, dense woody vegetation of varying heights from canopy to short shrubs is often present. Species that generally make up the shrub layers within rockland hammock include several species of<E T="03">Eugenia</E>(stoppers),<E T="03">Thrinax morrisii</E>and<E T="03">T. radiata</E>(thatch palms),<E T="03">Amyris elemifera</E>(sea torchwood),<E T="03">Ardisia escallonioides</E>(marlberry),<E T="03">Psychotria nervosa</E>(wild coffee),<E T="03">Chrysophyllum oliviforme</E>(satinleaf),<E T="03">Sabal palmetto</E>(cabbage palm),<E T="03">Guaiacum sanctum</E>(lignum-vitae),<E T="03">Ximenia americana, Colubrina elliptica</E>(soldierwood),<E T="03">Pithecellobium unguis-cati</E>and<E T="03">Pithecellobium keyense, Coccoloba uvifera,</E>and<E T="03">Colubrina arborescens</E>(greenheart). Vines can be common and include<E T="03">Toxicodendron radicans</E>(eastern poison ivy),<E T="03">Smilax auriculata</E>(earleaf greenbrier),<E T="03">Smilax havanensis</E>(Everglades greenbrier),<E T="03">Parthenocissus quinquefolia</E>(Virginia creeper),<E T="03">Hippocratea volubilis</E>(medicine vine), and<E T="03">Morinda royoc</E>(redgal). The typically sparse short shrub layer may include<E T="03">Zamia pumila</E>(coontie) and<E T="03">Acanthocereus tetragonus.</E>Herbaceous species are occasionally present and generally sparse in coverage. Characteristic species include<E T="03">Lasiacis divaricata</E>(smallcane),<E T="03">Oplismenus hirtellus</E>(basketgrass), and many species of ferns (FNAI 2010e, p.1).</P>
          <P>Rockland hammock occurs on a thin layer of highly organic soil covering limestone on high ground that does not regularly flood, but it is often dependent upon a high water table to keep humidity levels high. Rockland hammocks are frequently located near wetlands; in the Everglades they can occur on organic matter that accumulates on top of the underlying limestone; in the Keys they occur inland from tidal flats (FNAI 2010e, p.1).</P>
          <P>Rockland hammock is susceptible to fire, frost, canopy disruption, and ground water reduction. Rockland hammock can be the advanced successional stage of pine rockland, especially in cases where rockland hammock is adjacent to pine rockland. In such cases, when fire is excluded from pine rockland for 15 to 25 years, it can succeed to rockland hammock vegetation. Historically, rockland hammocks in south Florida evolved with fire in the landscape, fire most often extinguished near the edges when it encountered the hammock's moist microclimate and litter layer. However, rockland hammocks are susceptible to damage from fire during extreme drought or when the water table is lowered. In these cases, fire can cause tree mortality and consume the organic soil layer (FNAI 2010e, p.2).</P>
          <P>Rockland hammocks are also sensitive to the strong winds and storm surge associated with infrequent hurricanes. Canopy damage often occurs, which causes a change in the microclimate of the hammock. Decreased relative humidity and drier soils can leave rockland hammocks more susceptible to fire. Rockland hammock can grade into glades marsh, mangrove swamp, salt marsh, coastal rock barren, pine rockland, maritime hammock, or marl prairie (FNAI 2010e, p. 2).</P>

          <P>The sparsely vegetated edges or interior portions laid open by canopy disruption are the areas of rockland hammock that have light levels sufficient to support<E T="03">Chromolaena frustrata.</E>However, the dynamic nature of the habitat means that areas not currently open may become open in the future as a result of canopy disruption from hurricanes, while areas currently open may develop more dense canopy over time, eventually rendering that portion of the hammock unsuitable for<E T="03">C. frustrata.</E>
          </P>
          <P>The ecological communities and substrate upon which<E T="03">Chromolaena frustrata</E>is found differ between the mainland populations and those in the Florida Keys. The mainland populations occur only in Everglades National Park (ENP), where<E T="03">C. frustrata</E>occurs in rockland hammocks and buttonwood forest, often occupying the transitional areas (ecotone) between these habitats and salt marsh dominated by<E T="03">Conocarpus erectus</E>and salt-tolerant species, on marl (an unconsolidated sedimentary rock or soil consisting of clay and lime) substrate (Sadle 2008 and 2012, pers. comm.). In the Florida Keys,<E T="03">C. frustrata</E>occurs on coastal rock barrens, coastal berms, and rockland hammocks on exposed bare limestone rock or with a thin layer of leaf litter (Bradley and Gann 1999, p. 37).<E T="03">Chromolaena frustrata</E>is often found in the shade of associated canopy and subcanopy plant species; these canopies buffer<E T="03">C. frustrata</E>from full exposure to the sun (Bradley and Gann 1999, p. 37).</P>
          <HD SOURCE="HD3">Historical Range</HD>
          <P>
            <E T="03">Chromolaena frustrata</E>was historically known from Monroe County, both on the Florida mainland and the Keys, and in Miami-Dade County along Florida Bay (Bradley and Gann 1999, p. 36). In mainland Monroe County,<E T="03">C. frustrata</E>was known from the Flamingo area to the Madeira Bay area in what is now ENP. In the Florida Keys,<E T="03">C. frustrata</E>was known from Key Largo to Boca Grande Key (Bradley and Gann 1999, p. 36; Bradley and Gann 2004, p. 2). The species was observed historically on Big Pine Key, Boca Grande Key, Fiesta Key, Key Largo, Key West, Knight's Key, Lignumvitae Key, Long Key, Upper Matecumbe Key, and Lower Matecumbe Key (Bradley and Gann 1999, p. 36; Bradley and Gann 2004, pp. 4-7).</P>
          <P>The common name of<E T="03">Chromolaena frustrata,</E>Cape Sable thoroughwort, places it in a locality where it may have never occurred. Usage of this place name may have been referring to the greater Cape Sable-Flamingo area, and not specifically to Cape Sable itself. No additional specimens or verifiable reports have documented it on Cable Sable proper. Other reports of<E T="03">C. frustrata</E>are also suspect. It was reported from “Turner's River Hammock” in Collier County and the Ten Thousand Islands area of ENP, but no voucher specimen has ever been located for these collections (Bradley and Gann 2004, p. 7).<PRTPAGE P="61841"/>
          </P>
          <HD SOURCE="HD3">Current Range</HD>
          <P>In ENP, the species appears to have a distribution approaching what was reported historically. Eleven populations supporting approximately 1,500 to 2,500 plants occur in buttonwood forests and rockland hammocks from the Coastal Prairie Trail near the southern tip of Cape Sable to Madeira Bay (Sadle 2007 and 2012, pers. comm.).</P>
          <P>In the Florida Keys,<E T="03">Chromolaena frustrata</E>has been extirpated from half of the islands where it occurred (Bradley and Gann 2004, p. 4). It no longer occurs on Key Largo, Big Pine Key, Fiesta Key, Knight's Key, or Key West (Bradley and Gann 2004, pp. 4-6). The current range of<E T="03">C. frustrata</E>includes a small portion of ENP, and six islands in the Florida Keys (Upper Matecumbe Key, Lower Matecumbe Key, Lignumvitae Key, Long Key, Big Munson Island, and Boca Grande Key) (Bradley and Gann 2004, pp. 3-4). Extant populations of<E T="03">C. frustrata</E>are identified in Table 1 and discussed below.</P>
          <GPOTABLE CDEF="s75,r75,r75,r75" COLS="04" OPTS="L2,tp0,i1">
            <TTITLE>Table 1—Extant populations of<E T="03">Chromolaena frustrata.</E>
            </TTITLE>
            <BOXHD>
              <CHED H="1">Population</CHED>
              <CHED H="1">Ownership</CHED>
              <CHED H="1">Size<LI>Numbers of plants</LI>
              </CHED>
              <CHED H="1">Habitat</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Everglades National Park—Flamingo District</ENT>
              <ENT>Federal—National Park Service</ENT>
              <ENT>1634-2633 (Sadle 2012, pers. comm.)</ENT>
              <ENT>Buttonwood forest, rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Upper Matecumbe—Choate Tract</ENT>
              <ENT>State—Florida Department of Environmental Protection</ENT>
              <ENT>18 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Coastal rock barren, rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Lower Matecumbe—Klopp Tract</ENT>
              <ENT>State—Florida Department of Environmental Protection</ENT>
              <ENT>15 (Duquesnel 2012, pers. comm.)</ENT>
              <ENT>Coastal rock barren, rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Lignumvitae Key</ENT>
              <ENT>State—Florida Department of Environmental Protection</ENT>
              <ENT>81 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Long Key State Park</ENT>
              <ENT>State-Florida Department of Environmental Protection</ENT>
              <ENT>200 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Coastal rockland barren.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Long Key—North Layton Hammock</ENT>
              <ENT>State—Florida Department of Environmental Protection—and Private</ENT>
              <ENT>162 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Coastal rock barren, rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Big Munson Island</ENT>
              <ENT>Private</ENT>
              <ENT>4,500 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Rockland hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Key West National Wildlife Refuge—Boca Grande Key</ENT>
              <ENT>Federal—Fish and Wildlife Service</ENT>
              <ENT>25 (Bradley and Gann 2004, pp. 3-6)</ENT>
              <ENT>Rockland hammock.</ENT>
            </ROW>
          </GPOTABLE>
          <HD SOURCE="HD3">Demographics</HD>

          <P>Little is known about the long-term demographics or population trends of<E T="03">Chromolaena frustrata.</E>Populations may experience declines due to the effects of hurricanes and storm surges, but the species appears to be able to rebound at affected sites within a few years. For example, after Hurricane Wilma in 2005, some populations of<E T="03">C. frustrata</E>vanished and the habitat at these sites was significantly altered due to hurricane storm surge (Duquesnel 2005, pers. comm.; Bradley 2007, pers. comm.; Maschinski 2007, pers. comm.). However, it appears that the species is returning at these locations (Bradley 2009, pers. comm.). Furthermore, canopy disturbance may also benefit the species, as it has been speculated that the large number of plants observed at Big Munson Island in 2003 was due to thinning of the hammock canopy caused by Hurricane Georges in 1998 (Bradley and Gann 2004, p. 4).</P>
          <HD SOURCE="HD3">Reproductive Biology and Genetics</HD>
          <P>The reproductive biology and genetics of<E T="03">Chromolaena frustrata</E>have not been studied (Bradley and Gann 1999, p. 37). We have no other information available regarding the ecology of the species beyond the habitat preferences and demographic trends discussed above.</P>
          <HD SOURCE="HD3">Consolea corallicola</HD>
          <P>
            <E T="03">Consolea corallicola</E>(Family: Cactaceae) is a tree-like cactus; mature plants grow 2 meters (m) (6 feet (ft)) tall with an erect main trunk, which is elliptical or oval in cross section and armed with spines. Near the top of the plant there is a dense cluster of branches. The stem branches (pads) are green, elliptical, relatively thin, often curved, and 12 to 30 cm (5 to 12 in) long. The spines are in clusters of five to nine, 7 to 11 cm (2.8 to 4.7 in) long, needle-like, with one of the spines much longer than the others. Spines on the main stems of older plants are enlarged. The flowers are bright red and 1.3 to 1.9 cm (0.50 to 0.75 in) wide, and the fruits are yellow, egg-shaped, and 2.5 to 5.1 cm (1 to 2 in) long (Small 1930, pp. 25-26; Anderson 2001, pp. 170-171).</P>
          <HD SOURCE="HD3">Taxonomy</HD>
          <P>John Kunkel Small discovered and described<E T="03">Consolea corallicola</E>in 1930 (Small 1930, pp. 25-26). In 1971, Long and Lakela (1971, p. 626) reassigned the plants occurring in the Florida Keys to<E T="03">Opuntia spinosissima</E>Miller, a species restricted to the Blue Hills of south coastal Jamaica. Austin<E T="03">et al.</E>(1998, pp. 151-158) determined that the plants in Florida are morphologically distinct from<E T="03">O. spinosissima</E>and retained them as<E T="03">O. corallicola.</E>Genetic studies by Gordon and Kubisiak (1998, p. 209) confirmed that the Florida plants are a genetically distinct species. Recent taxonomic treatments accept the genus<E T="03">Consolea</E>and apply the name<E T="03">C. corallicola</E>to the Florida species (Areces-Mallea 1996, pp. 224-226; Anderson 2001, pp. 170-171; Parfitt and Gibson 2004a, pp. 92-94). Synonyms include<E T="03">Opuntia corallicola</E>(Small) Werdermann (Parfitt and Gibson 2004, p. 94).</P>
          <HD SOURCE="HD3">Climate</HD>
          <P>The climate of south Florida where<E T="03">Consolea corallicola</E>occurs is classified as tropical savanna, as described above for<E T="03">Chromolaena frustrata.</E>
          </P>
          <HD SOURCE="HD3">Habitat</HD>
          <P>
            <E T="03">Consolea corallicola</E>occurs in rockland hammocks near sea level (Small 1930, pp. 25-26; Benson 1982, p. 531) and in buttonwood forests in the transitional area between rockland hammocks and mangrove swamps (Bradley and Gann 1999, p. 77; Gann<E T="03">et al.</E>2002, p. 480; Higgins 2007, pers. comm.). These community types are described above for<E T="03">Chromolaena frustrata. Consolea corallicola</E>occurs on sandy soils and limestone rockland soils with little organic matter (Small 1930, pp. 25-26) and seems to prefer areas where canopy cover and sun exposure are moderate (Grahl and Bradley 2005, p. 4).<PRTPAGE P="61842"/>
          </P>
          <HD SOURCE="HD3">Historical Range</HD>
          <P>
            <E T="03">Consolea corallicola</E>was known historically from three islands of the Florida Keys in Monroe County (Small 1930, pp. 25-26) and one small island in Biscayne Bay in Miami-Dade County (Bradley and Woodmansee 2002, p. 810). A population on the southeast portion of Big Pine Key in the Florida Keys (Small 1921, p. 50) was extirpated by the 1960s, as a result of road building and “collecting by cactus enthusiasts” (Bradley and Gann 1999, p. 77). A population known from Key Largo in the Florida Keys was also extirpated, although the cause of its loss is unknown (Bradley and Woodmansee 2002, p. 810).</P>
          <HD SOURCE="HD3">Current Range</HD>
          <P>The current range of<E T="03">Consolea corallicola</E>includes two naturally occurring populations, one in Biscayne National Park (BNP; Miami-Dade County) and one on a small island in the Florida Keys (Monroe County) (Bradley and Gann 1999, p. 77; Bradley and Woodmansee 2002, p. 810). These naturally occurring populations account for fewer than 1,000 plants.<E T="03">Consolea corallicola</E>was also reintroduced at several sites in the Florida Keys, and plants survive at two of these sites on State-owned lands (Stiling 2009, pers. comm.; Stiling 2010, p. 1; Duquesnel 2011a,b, pers. comm.). Both sites together represent fewer than 50 plants. A survey of other areas containing suitable habitat in BNP was undertaken in 2002 and 2003, to locate additional populations, but none were found (Bradley and Koop 2003, p. 2).</P>
          <P>Extant populations of<E T="03">Consolea corallicola</E>are provided in Table 2 and are discussed below.</P>
          <GPOTABLE CDEF="s60,r60,r60,r60,r20" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 2—Extant Populations of  Consolea corallicola</TTITLE>
            <BOXHD>
              <CHED H="1">Population</CHED>
              <CHED H="1">Ownership</CHED>
              <CHED H="1">Size</CHED>
              <CHED H="1">Habitat</CHED>
              <CHED H="1">Trend</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">Biscayne National Park</ENT>
              <ENT>Federal—National Park Service</ENT>
              <ENT>600 (McDonough 2010a, pers. comm.)</ENT>
              <ENT O="xl">rockland hammock</ENT>
              <ENT>Stable.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Island in Florida Keys</ENT>
              <ENT>Private—The Nature Conservancy</ENT>
              <ENT>9 to 11 adults, 100s of juveniles (Gun 2012, pers. comm.)</ENT>
              <ENT>rockland hammock, rockland hammock-buttonwood forest ecotone</ENT>
              <ENT>Declining.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Island in Florida Keys (reintroduced)</ENT>
              <ENT>State—Florida Department of Environmental Protection</ENT>
              <ENT>40 juveniles (Duquesnel 2011a, pers. comm.)</ENT>
              <ENT>buttonwood forest-saltmarsh ecotone, coastal rock barren</ENT>
              <ENT>Declining.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">Island in Florida Keys (reintroduced)</ENT>
              <ENT>State—Florida Fish and Wildlife Conservation Commission</ENT>
              <ENT>7 juveniles (Stiling 2010, p.1)</ENT>
              <ENT O="xl">Unknown</ENT>
              <ENT>Declining.</ENT>
            </ROW>
          </GPOTABLE>
          <HD SOURCE="HD3">Reintroductions</HD>
          <P>Experimental plantings of<E T="03">Consolea corallicola</E>were conducted at several sites on State and Federal conservation lands in the Florida Keys from 1996 to 2004. However, these plantings were largely unsuccessful (with most plants succumbing to<E T="03">Cactoblastis</E>moth damage or rot), and plants currently remain at only two of these sites, one of which is inundated too frequently during high tides to be favorable for population expansion (Duquesnel 2008, 2009, 2011a,b, pers. comm.; Stiling 2007, p. 2; Stiling 2009, pers. comm.; Stiling 2010, pp. 2, 193-194).</P>
          <HD SOURCE="HD3">Reproductive Biology and Genetics</HD>
          <P>
            <E T="03">Consolea corallicola</E>flowering occurs throughout the year, but peaks in February and March (Bradley and Koop 2003, p. 2). Plants of<E T="03">C. corallicola</E>are functionally dioecious (i.e., with male and female flowers on separate plants), but the flowers give the appearance of a species that is hermaphroditic with perfect flowers (i.e., each flower produces stamens and ovules) (Negrón-Ortiz and Strittmatter 2004, p. 22; Negrón-Ortiz 2007a, p. 3; 2007b, p. 1362).</P>
          <P>Sexual reproduction has not been observed in<E T="03">Consolea corallicola.</E>All documented<E T="03">C. corallicola</E>reproduction has been vegetative (clonal), with new plants originating from pads that fall from larger plants and take root (Negrón-Ortiz 1998, p. 208). Survival rates of fallen pads in research populations are low due to rot and<E T="03">Cactoblastis</E>moth damage (Stiling 2010, p. 193; see Summary of Factors Affecting the Species below). Production of seeds is rare and the few seeds that have been observed are thought to be the product of asexual seed reproduction (agamospermy) (Negrón-Ortiz 1998, p. 211). Two hypotheses have been suggested to explain the lack of seed production of<E T="03">C. corallicola.</E>The first hypothesis is that the species is a sterile polyploid (abnormal cell division that results in more than two sets of chromosomes) (Negrón-Ortíz 1998, p. 212). An alternative hypothesis is the dioecious breeding system of<E T="03">C. corallicola.</E>All plants in the known populations produce only male flowers, and no female individuals have ever been located. As a result, all existing occurrences of<E T="03">C. corallicola</E>appear to be incapable of sexual reproduction at this time (Negrón-Ortiz and Strittmatter 2004, p. 22).</P>
          <P>Cariaga<E T="03">et al.</E>(2005, pp. 225-230) found no genetic diversity within the two remaining wild populations of<E T="03">Consolea corallicola</E>and concluded that all plants within each population are likely derived clonally from a single parent plant. These data support asexual propagation as the reproductive strategy of<E T="03">C. corallicola.</E>However, there is a small amount of variation between the two remaining wild populations, suggesting the possibility that they originated from different parent plants (Lewis 2007, p. 3). Likewise, Cariaga<E T="03">et al.</E>(2005, p. 225) found that a single plant collected by George Avery in 1963 from Big Pine Key and maintained at Fairchild Tropical Botanical Gardens was a unique genotype, but Lewis (2007, pp. 6-7) found it to be identical to the plants from the other populations. Thus,<E T="03">C. corallicola</E>has extremely limited genetic diversity, consisting of just one to three genetic lines.</P>
          <HD SOURCE="HD3">Demographics</HD>

          <P>Annual monitoring has provided a perspective on the population structure and dynamics of<E T="03">Consolea corallicola.</E>The wild population at BNP was monitored from 2002 to 2005. At the beginning of the study, the population consisted of 655 plants. At the end of the 3-year study in 2005, 594 plants were alive, and 61 had died (9 percent decline). Only 8 percent of plants produced flowers, and plants grew very slowly (about 1.2 cm (0.5 in) per year) (Grahl and Bradley 2005, pp. 4-5). From 2008 to 2010, the population was estimated to number approximately 600 individuals (McDonough 2010a, pers. comm.). Annual fluctuations in the number of plants is largely due to mortality of branches (pads) that fall from the larger plants but fail to<PRTPAGE P="61843"/>permanently establish (McDonough 2010a, pers. comm.). Overall, the number of plants comprising this population appears to be stable (Bradley and Koop 2003, p. 2; Grahl and Bradley 2005, p. 2; McDonough 2010a, pers. comm.).</P>

          <P>Population decline has been shown in a wild population on an island in the Florida Keys, which now consists of 9 to 11 adult plants (defined as plants greater than 91.4 cm (3 ft) tall) and hundreds of small juveniles originating from fallen pads. Overall, the number of adult plants in this population has declined more than 50 percent over the past 10 years, due to crown rot and damage caused by the<E T="03">Cactoblastis</E>moth and hurricanes (Higgins 2007, pers. comm.; Gun 2012, pers. comm.; see Summary of Factors Affecting the Species below).</P>
          <HD SOURCE="HD3">Harrisia aboriginum</HD>
          <HD SOURCE="HD3">Description</HD>
          <P>
            <E T="03">Harrisia aboriginum</E>(Family: Cactaceae) is a sprawling cactus, usually with multiple stems arising from a single base. The stems are erect, slender, and cylindrical. They possess 9 to 11 longitudinal ribs, and may reach 6 m (20 ft) in height. Spines are 1.0 cm (0.4 in) long and originate in clusters of seven to nine spines. Flowers are funnel-shaped, white, up to 15 cm (5.9 in) long, and have a slight scent. The inside of the flower is lined with stiff, brown hairs. Fruits are yellow, round in shape, and 6.1 to 7.6 cm (2.4 to 3.0 in) in diameter (Small in Britton and Rose 1920, p. 154; Anderson 2001, p. 370; Parfitt and Gibson 2004b, p. 153). Each fruit contains hundreds of small black seeds. Plants in full to partial sun typically consist of several stems from a single base. Plants shaded by overstory vegetation usually have stems that tend to be slender and taller. These slender stems will topple over and eventually recorrect their growth upward, or they may reproduce new upright stems along the prostrate stems. Some of the prostrate stems deteriorate over time, obscuring the clonal origin (single source) of upright stems. This results in more diffuse groupings of clonal stems leaning at various angles (Bender 2011, p. 18).</P>
          <HD SOURCE="HD3">Taxonomy</HD>
          <P>
            <E T="03">Harrisia aboriginum</E>was described by John Kunkel Small, after he discovered it in Manatee County in 1919 (Small in Britton and Rose 1920, p. 154). This name is still in use (Parfitt and Gibson 2004b, p. 153; Wunderlin and Hansen 2008, pp. 1-2), although possible alternative names for the species have been proposed over the years. The genus-level placement of<E T="03">H. aboriginum</E>and other Florida relatives has been in flux since they were first described, with some authors placing them in the large and variable genus<E T="03">Cereus</E>(i.e. Benson 1969, p. 126), and others segregating them into the smaller<E T="03">Harrisia</E>genus. Recent authors have included the Florida species in the genus<E T="03">Harrisia</E>(Hooten 1991, pp. 64-66; Anderson 2001, p. 370; Ward 2004, pp. 365-371; Parfitt and Gibson 2004b, pp. 150-153; Wunderlin and Hansen 2008, pp. 1-2).</P>
          <P>Based upon the best available scientific information,<E T="03">Harrisia</E>
            <E T="03">aboriginum</E>is a distinct taxon, endemic to the west coast of Florida. Synonyms include<E T="03">Cereus aboriginum</E>(Small ex Britton and Rose) Little,<E T="03">C. gracilis</E>var.<E T="03">aboriginus</E>(Small ex Britton and Rose) L. D. Benson, and<E T="03">Harrisia donae-antoniae</E>Hooten (Parfitt and Gibson 2004b, p. 153).</P>
          <HD SOURCE="HD3">Climate</HD>
          <P>The climate of south Florida where<E T="03">Harrisia aboriginum</E>occurs is classified as tropical savanna as described above for<E T="03">Chromolaena frustrata.</E>
          </P>
          <HD SOURCE="HD3">Habitat</HD>
          <P>
            <E T="03">Harrisia aboriginum</E>occurs on coastal berms, coastal strand, coastal grasslands and maritime hammocks, with a sand substrate. It also occurs on shell mounds with a calcareous shell substrate (Bradley<E T="03">et al.</E>2004, pp. 4, 14). The coastal berm community is described above for<E T="03">Chromolaena frustrata. Harrisia aboriginum</E>growing in coastal berm habitat sometimes occur close to the mangrove zone, but never within it.</P>
          <HD SOURCE="HD3">Coastal Strand</HD>

          <P>Coastal strand is an evergreen shrub community growing on stabilized coastal dunes. It is usually the first woody plant community inland from the coast. On the southwest Gulf coast of Florida, coastal strand is patchily distributed. It usually develops as a band between dunes dominated by<E T="03">Uniola paniculata</E>(sea oats) along the immediate coast, and maritime hammock, scrub, or mangrove swamp communities farther inland. On broad barrier islands, it may also occur as patches of shrubs within a coastal grassland matrix (FNAI 2010f, p. 2).</P>

          <P>On the southwest Gulf coast of Florida, the species composition of coastal strand consists of tropical plant species, including<E T="03">Coccoloba uvifera, Forestiera segregata</E>(Florida swampprivet),<E T="03">Rapanea punctata</E>(myrsine),<E T="03">Lantana involucrata, Randia aculeata,</E>
            <E T="03">Chiococca alba</E>(snowberry),<E T="03">Eugenia foetida, Guapira discolor,</E>
            <E T="03">Zanthoxylum fagara</E>(wild lime),<E T="03">Pithecellobium keyense, Chrysobalanus icaco</E>(coco plum),<E T="03">Dalbergia ecastaphyllum</E>(coinvine),<E T="03">Sophora tomentosa</E>var.<E T="03">truncata</E>(yellow necklacepod),<E T="03">Caesalpinia bonduc</E>(gray nicker),<E T="03">Sideroxylon celastrinum,</E>and<E T="03">Jacquinia keyensis,</E>(FNAI 2010f, p. 2).</P>
          <P>Soils are deep, well-drained sands and may be somewhat alkaline, consisting of quartz sand mixed with varying proportions of shell fragments (FNAI 2010f, p. 2).</P>
          <P>Storm waves periodically destroy dunes and the coastal strand behind them, with the resulting bare area being recolonized first by pioneer beach species and then by coastal grassland. The resulting coastal grassland is in turn invaded by patches of woody species, which eventually coalesce into a continuous woody community of coastal strand. Natural disturbances, such as strong winds and storm surge associated with hurricanes, or hard freezes, serve to open up coastal strand canopies. There is little information on natural fire frequency in coastal strand (FNAI 2010f, p. 2).</P>
          <P>Coastal strand is distinguished from maritime hammock by the absence of distinct tree canopy and understory layers. It is distinguished from coastal berm and shell mound by its occurrence on sand deposits along a high-energy sandy coast, rather than on shell deposits along a low-energy, mangrove-dominated coast. It is distinguished from coastal grassland by the dominance of woody, rather than herbaceous, species.</P>
          <HD SOURCE="HD3">Coastal Grassland</HD>

          <P>Coastal grassland is a predominantly herbaceous community occupying the drier portions of the transition zone between beach dunes on the immediate coast and communities dominated by woody species, such as coastal strand or maritime hammock, farther inland. It occurs primarily on the broader barrier islands and capes along the sandy coasts of Florida. The specialized dune building grasses of the beach dune community,<E T="03">Uniola paniculata, Panicum amarum</E>(bitter panicgrass), and<E T="03">Spartina patens</E>(saltmeadow cordgrass), are usually present, along with a variety of other herbaceous species typically found on more stable soils, such as<E T="03">Andropogon</E>and<E T="03">Schizachyrium</E>(bluestem grasses),<E T="03">Heterotheca subaxillaris</E>(camphorweed), and<E T="03">Smilax auriculata.</E>On the southwest Gulf coast, a distinctive coastal grassland community is found on the broad barrier islands such as Cayo Costa, North Captiva, and<PRTPAGE P="61844"/>formerly Captiva and Sanibel. It consists of a short, dense sward (a portion of ground covered with grass) of<E T="03">Bouteloua hirsuta</E>(hairy grama). Other species present include<E T="03">Ernodea littoralis</E>(beach creeper),<E T="03">Opuntia stricta,</E>and<E T="03">Lantana depressa</E>var.<E T="03">sanibelensis</E>(Gulf Coast Florida lantana) (FNAI 2010g, entire).</P>
          <P>Coastal grassland develops either as a barrier island builds seaward, developing new dune ridges along the shore that protect the inland ridges from sand burial and salt spray, or as a beach recovers after storm overwash and a new foredune ridge builds up along the shore, protecting the overwashed area behind it from sand burial and salt spray. As time passes, absent further storms, the coastal grassland community itself will gradually be replaced by woody species to form scrub, coastal strand, or maritime hammock communities (FNAI 2010g, entire).</P>
          <P>Fire is naturally rare and localized in this community, with water barriers and sparse fuels combining to limit its spread (FNAI 2010g, entire).</P>
          <P>Coastal grassland is distinguished from the beach dune community by its position inland from the immediate coastline and the presence of a variety of grasses, forbs, and pioneer dune-building grasses. It differs from coastal berm in its position on a sandy coast, rather than on a storm-deposited shell ridge on a mangrove-dominated shoreline. Coastal grassland is distinguished from coastal strand and maritime hammock in being dominated by herbaceous, rather than woody, species (FNAI 2010g, entire).</P>
          <HD SOURCE="HD3">Maritime Hammock</HD>
          <P>Maritime hammock is a predominantly evergreen hardwood forest growing on stabilized coastal dunes lying at varying distances from the shore. On the southwest Gulf coast of Florida, most of the barrier islands and peninsulas are long and narrow with correspondingly small, narrow areas of hammock. Maritime hammock is best developed on the few broad islands, including Caladesi, Cayo Costa, North Captiva, and the inner barrier islands at Stump Pass and Keewaydin Island (FNAI 2010h, entire).</P>
          <P>Canopy species include<E T="03">Cococarpus erectus, Piscidia piscipula,</E>
            <E T="03">Bursera simaruba, Sideroxylon foetidissimum,</E>
            <E T="03">Exothea paniculata, Eugenia axillaris</E>(white stopper),<E T="03">Ficus aurea, Coccoloba uvifera,</E>
            <E T="03">Eugenia foetida,</E>and<E T="03">Pithecellobium keyense;</E>shrubs include<E T="03">Rapanea punctata, Myrcianthes fragrans</E>(Simpson's stopper),<E T="03">Ardisia escallonioides, Psychotria nervosa,</E>
            <E T="03">Chiococca alba,</E>and<E T="03">Randia aculeata.</E>Cacti and other spiny species, such as<E T="03">Agave sisalana</E>(sisal)<E T="03">and Acanthocereus tetragonus,</E>may also be present. The herb layer is sparse to absent (FNAI 2010h, entire).</P>
          <P>Maritime hammock occurs on deep, well-drained, acid quartz sands, or well-drained, moderately alkaline, quartz sands mixed with shell fragments (FNAI 2010h, entire).</P>
          <P>Due to their coastal location with water barriers on at least one, if not two sides, fire was probably naturally rare and very spotty in maritime hammock, especially on the narrower barrier islands. Maritime hammocks are principally influenced by wind-borne salt spray, storm waves, and sand burial. If storm waves destroy the protective dunes seaward of the hammock, sand can blow inland, burying the trees. In addition to physical destruction by storm waves, hammock trees are susceptible to being killed by standing salt water deposited in low areas by storm surge (FNAI 2010h, entire).</P>
          <P>Tropical maritime hammock can be distinguished from rockland hammock by their occurrence on sand substrate, rather than limestone. They may be similar in species composition to coastal berm, being distinguished primarily by location along a high wave energy sandy coast, rather than a low-energy, mangrove-dominated coast, and the presence of a distinct canopy layer. They are very similar to shell mounds in species composition, being distinguished by their occurrence on a natural sand deposit rather than on pure shell (FNAI 2010h, entire).</P>
          <HD SOURCE="HD3">Shell Mound</HD>
          <P>Shell mounds are small hills, usually in coastal locations, composed entirely of shells (clams, oysters, whelks) discarded by generations of Native Americans. Shell mounds are found along the coast throughout Florida and range westward and northward along the coastlines of the southeastern United States. Originally, there were many such shell mounds along coastal lagoons and at the mouths of rivers, but most were destroyed for road building in the early part of the last century. A rich, calcareous soil develops on the deposited shells, which supports a diverse hardwood forest on undisturbed mounds. Several shell mounds are now surrounded by mangroves, evidence that they were built when sea level was lower than today (FNAI 2010i, entire).</P>

          <P>The plant species composition of shell mound forests tends to be more strictly tropical than that of maritime hammocks on sandy substrates in the same region. South Florida shell mounds are often characterized by tropical tree species such as<E T="03">Bursera simaruba, Eugenia axillaris,</E>
            <E T="03">Amyris elemifera, Zanthoxylum fagara,</E>
            <E T="03">Sideroxylon foetidissimum, Exothea paniculata,</E>
            <E T="03">Ficus aurea,</E>and<E T="03">Ocotea coriacea.</E>Characteristic shrub species include<E T="03">Chiococca alba, Forestiera segregata,</E>and<E T="03">Sideroxylon celastrinum.</E>Shell mounds may have vegetation similar to tropical or temperate types of maritime hammock, but differ in that they grow on pure shells rather than sand or sand mixed with shell fragments (FNAI 2010i, entire).</P>
          <P>In the habitats described above,<E T="03">Harrissia aboriginum</E>seems to prefer areas where canopy cover is open to partially closed (Fellows<E T="03">et al.</E>2001, p. 3; Woodmansee<E T="03">et al.</E>2007, p. 115). Mortality of plants growing in deep shade under fully closed canopy has been observed (Bradley<E T="03">et al.</E>2004, p. 11; Bender 2011, p. 5). Plants growing in open to partially closed canopy sites tend to be more robust and produce more flowers and fruits (Bender 2011, p. 17; Conrad 2012, pers. comm.).</P>
          <HD SOURCE="HD3">Historical Range</HD>
          <P>
            <E T="03">Harrisia aboriginum</E>was known historically from coastal areas of southwest Florida along the Gulf coast in Manatee, Charlotte, Sarasota, and Lee Counties. The species was documented on six keys along approximately 125 km (78 mi) of Gulf coastline. Populations reported for Delnor-Wiggins Pass State Park, San Marco Island, Fort Pierce, and ENP are considered unsubstantiated (Bradley<E T="03">et al.</E>2004, pp. 5-6).</P>
          <HD SOURCE="HD3">Current Range</HD>

          <P>A 2004 status survey confirmed 10 extant populations along a 100-km (62-mile) stretch of coast (Bradley<E T="03">et al.</E>2004, p. 8), one of which has since been extirpated (Nielsen 2009, pers. comm.). The species is extirpated in the northern extent of its historic range in Manatee County (Bradley<E T="03">et al.</E>2004, pp. 3, 8-9). Currently 12 sites support extant populations. Plants occur on seven public and private conservation areas, four County parcels not managed for conservation, and at least three unprotected private parcels. In total, the species was represented by an estimated 300 to 500 individuals in 2007 (Woodmansee<E T="03">et al.</E>2007, p. 87). Besides a few anecdotal accounts, population trends were unknown prior to 2004. Extant populations of<E T="03">Harrisia aboriginum</E>are provided in Table 3.<PRTPAGE P="61845"/>
          </P>
          <GPOTABLE CDEF="s20,r75,r85,r30,r60" COLS="5" OPTS="L2,i1">
            <TTITLE>Table 3—Extant Populations of<E T="03">Harrisia aboriginum</E>
            </TTITLE>
            <BOXHD>
              <CHED H="1">Population No.</CHED>
              <CHED H="1">Ownership</CHED>
              <CHED H="1">Size (Number of plants)</CHED>
              <CHED H="1">Trend</CHED>
              <CHED H="1">Habitat</CHED>
            </BOXHD>
            <ROW>
              <ENT I="01">1</ENT>
              <ENT>Private conservation</ENT>
              <ENT>5 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>maritime hammock.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">2</ENT>
              <ENT>Private conservation</ENT>
              <ENT>5 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>shell mound.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">3</ENT>
              <ENT>Sarasota County</ENT>
              <ENT>50-75 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>coastal strand, coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">4</ENT>
              <ENT>Sarasota County</ENT>
              <ENT>3 (Bender 2011, pp. 9-12)</ENT>
              <ENT>unknown</ENT>
              <ENT>spoil mound.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">5</ENT>
              <ENT>Private</ENT>
              <ENT>at least 13 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>coastal strand, coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">6</ENT>
              <ENT>State—Florida Department of Environmental Protection</ENT>
              <ENT>27 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>coastal berm, shell mound.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">7</ENT>
              <ENT>Private and Charlotte County</ENT>
              <ENT>approx. 10 (Bradley<E T="03">et al.</E>2004, pp. 10-37)</ENT>
              <ENT>unknown</ENT>
              <ENT>coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">8</ENT>
              <ENT>Private Conservation</ENT>
              <ENT>1 (Bradley<E T="03">et al.</E>2004, pp. 10-37)</ENT>
              <ENT>unknown</ENT>
              <ENT>coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">9</ENT>
              <ENT>Lee County</ENT>
              <ENT>1 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>stable</ENT>
              <ENT>spoil mound.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">10</ENT>
              <ENT>Lee County</ENT>
              <ENT>4 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>declining</ENT>
              <ENT>coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">11</ENT>
              <ENT>Lee County</ENT>
              <ENT>300-400 (Woodmansee<E T="03">et al.</E>2007, p. 87)</ENT>
              <ENT>stable</ENT>
              <ENT>coastal berm.</ENT>
            </ROW>
            <ROW>
              <ENT I="01">12</ENT>
              <ENT>Federal—Fish and Wildlife Service</ENT>
              <ENT>100-200 (Bradley<E T="03">et al.</E>2004, pp. 10-37)</ENT>
              <ENT>stable</ENT>
              <ENT>coastal berm.</ENT>
            </ROW>
          </GPOTABLE>
          <HD SOURCE="HD3">Reproductive Biology and Population Genetics</HD>

          <P>There has been little research into the reproductive biology of<E T="03">Harrisia aboriginum.</E>Flowers are produced May through September. Ripe fruits have been observed from June through October. In some populations, fruits are frequently removed from plants by unknown animals (Fellows<E T="03">et al.</E>2001, p. 2). Observations suggest that establishment of new plants is likely an infrequent event. Seedlings are rarely observed. Plant fragmentation has been observed, suggesting that this could be a dispersal mechanism. New clonal plants are observed to arise from small stem fragments ranging from 5.1 to 7.6 cm (2 to 3 in) in length (Bender 2011, p. 17). Establishment from plant fragments is probably more frequent than from seed (Fellows<E T="03">et al.</E>2001, p. 2). There have been no genetic studies of<E T="03">H. aboriginum.</E>
          </P>
          <HD SOURCE="HD1">Summary of Factors Affecting the Species</HD>
          <P>Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations at 50 CFR part 424 set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the Act, we may list a species based on any of the following five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; and (E) other natural or manmade factors affecting its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination. Each of these factors as applied to these three plants is discussed below.</P>
          <HD SOURCE="HD2">A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range</HD>
          <HD SOURCE="HD3">Human Population Growth and Development</HD>
          <P>Destruction and modification of habitat are a threat to<E T="03">Chromolaena frustrata, Consolea corallicola,</E>and<E T="03">Harrisia aboriginum.</E>Terrestrial ecosystems of south Florida have been heavily impacted by humans, through widespread clearing for agricultural, residential, commercial, and infrastructure development. Extensive areas of rockland hammock, pine rockland, and other ecosystems have been lost (Solecki 2001, p. 350; Hodges and Bradley 2006, p. 6). Because of their proximity to the beach and relatively higher elevations, coastal hammocks, strands, and berms have been heavily impacted by residential and tourism development. As a result, only isolated fragments of these habitats remain (Bradley<E T="03">et al.</E>2004, pp. 3-4). Loss and modification of coastal habitat due to development is expected to continue and increase in the coming decades in Florida (Zwick and Carr 2006, p. 13). Species populations are more secure on public lands than on private lands, but still face the threats of habitat loss and modification through development of public facilities such as new buildings, parking lots, and other associated facilities and through recreational opportunities to support visitor services. Impacts to each of the species are discussed below.</P>
          <HD SOURCE="HD3">Chromolaena frustrata</HD>

          <P>Habitat destruction and modification resulting from development are considered a major threat to<E T="03">Chromolaena frustrata</E>throughout the species' range (Gann<E T="03">et al.</E>2002, p. 387). The populations on Fiesta Key, Knights Key, Key Largo, and Key West were lost due to development. Fiesta Key is completely developed as a Kampgrounds of America (KOA) campground and is devoid of native plant communities. Knights Key is almost completely developed and has no remaining suitable habitat (Bradley and Gann 2004, p. 5). Key Largo has undergone extensive disturbance and development. Although suitable coastal berm and rockland hammock habitat are still locat