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  <VOL>77</VOL>
  <NO>221</NO>
  <DATE>Thursday, November 15, 2012</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agency Toxic</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agency for Toxic Substances and Disease Registry</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Statements of Organization, Functions, and Delegations of Authority,</DOC>
          <PGS>68125-68127</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27533</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Arctic</EAR>
      <HD>Arctic Research Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Programs and Research Projects Affecting the Arctic,</SJDOC>
          <PGS>68102</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27531</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Arts and Humanities, National Foundation</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Foundation on the Arts and the Humanities</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Safety Enviromental Enforcement</EAR>
      <HD>Bureau of Safety and Environmental Enforcement</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Oil and Gas Production Measurement, Surface Commingling, and Security,</SJDOC>
          <PGS>68144-68146</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27773</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers Medicare</EAR>
      <HD>Centers for Medicare &amp; Medicaid Services</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Medicare and Medicaid Programs:</SJ>
        <SJDENT>
          <SJDOC>Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Electronic Reporting Pilot; etc.,</SJDOC>
          <PGS>68210-68565</PGS>
          <FRDOCBP D="355" T="15NOR2.sgm">2012-26902</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commerce</EAR>
      <HD>Commerce Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign-Trade Zones Board</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>International Trade Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Institute of Standards and Technology</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Oceanic and Atmospheric Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>68102</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27711</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Commission Fine</EAR>
      <HD>Commission of Fine Arts</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Commission of Fine Arts,</SJDOC>
          <PGS>68113</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27532</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Comptroller</EAR>
      <HD>Comptroller of the Currency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Policy Statement:</SJ>
        <SJDENT>
          <SJDOC>Principles for Development and Distribution of Annual Stress Test Scenarios,</SJDOC>
          <PGS>68047-68050</PGS>
          <FRDOCBP D="3" T="15NOR1.sgm">2012-27660</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Copyright Office</EAR>
      <HD>Copyright Office, Library of Congress</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Mechanical and Digital Phonorecord Delivery Compulsory License,</DOC>
          <PGS>68075-68076</PGS>
          <FRDOCBP D="1" T="15NOP1.sgm">2012-27774</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Navy Department</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Drug</EAR>
      <HD>Drug Enforcement Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Decisions and Orders:</SJ>
        <SJDENT>
          <SJDOC>Karen Paul Holley, M.D.,</SJDOC>
          <PGS>68149-68150</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27692</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy Department</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Energy Regulatory Commission</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,</DOC>
          <PGS>68070</PGS>
          <FRDOCBP D="0" T="15NOR1.sgm">C1--2012--21972</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Approvals and Promulgations of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>West Virginia; Redesignation of the West Virginia Portion of the Huntington-Ashland, WV-KY-OH 1997 Annual PM2.5 Nonattainment Area to Attainment, etc.,</SJDOC>
          <PGS>68076-68087</PGS>
          <FRDOCBP D="11" T="15NOP1.sgm">2012-27785</FRDOCBP>
        </SJDENT>
        <SJ>Approvals and Promulgations of Implementation Plans and Designation of Areas for Air Quality Planning Purposes:</SJ>
        <SJDENT>
          <SJDOC>South Carolina; Redesignation of the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-Hour Ozone Moderate Nonattainment Area to Attainment,</SJDOC>
          <PGS>68087-68101</PGS>
          <FRDOCBP D="14" T="15NOP1.sgm">2012-27807</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>2013 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification,</SJDOC>
          <PGS>68120</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27788</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NSPS for Beverage Can Surface Coating,</SJDOC>
          <PGS>68119</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27787</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Executive Office of the President</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Presidential Documents</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Application for Final Commitment:</SJ>
        <SJDENT>
          <SJDOC>Long-term Loan or Financial Guarantee in Excess of $100 million; 25 Day Comment Period,</SJDOC>
          <PGS>68120-68121</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27736</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>Airbus Airplanes,</SJDOC>
          <PGS>68050-68052</PGS>
          <FRDOCBP D="2" T="15NOR1.sgm">2012-27055</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Bell Helicopter Textron Helicopters,</SJDOC>
          <PGS>68055-68057</PGS>
          <FRDOCBP D="2" T="15NOR1.sgm">2012-27059</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Fokker Services B.V. Airplanes,</SJDOC>
          <PGS>68052-68055, 68063-68065</PGS>
          <FRDOCBP D="3" T="15NOR1.sgm">2012-26781</FRDOCBP>
          <FRDOCBP D="2" T="15NOR1.sgm">2012-27057</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Sikorsky Aircraft Corporation Helicopters,</SJDOC>
          <PGS>68057-68062</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-26907</FRDOCBP>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27049</FRDOCBP>
          <FRDOCBP D="2" T="15NOR1.sgm">2012-27050</FRDOCBP>
        </SJDENT>
        <SJ>Amendments of Class D and Class E Airspace:</SJ>
        <SJDENT>
          <SJDOC>Lewiston, ID,</SJDOC>
          <PGS>68065-68067</PGS>
          <FRDOCBP D="2" T="15NOR1.sgm">2012-27659</FRDOCBP>
        </SJDENT>
        <SJ>Establishments of Class E Airspace:</SJ>
        <SJDENT>
          <SJDOC>Coaldale, NV,</SJDOC>
          <PGS>68067-68068</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27666</FRDOCBP>
        </SJDENT>
        <SJ>Modifications of Class E Airspace:</SJ>
        <SJDENT>
          <SJDOC>Pullman, WA,</SJDOC>
          <PGS>68068-68069</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27668</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Orders Limiting Operations at John F. Kennedy International, LaGuardia and Newark Liberty International Airports; High Density Rule at Reagan Washington National Airport,</DOC>
          <PGS>68196-68197</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27844</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Communications</EAR>
      <PRTPAGE P="iv"/>
      <HD>Federal Communications Commission</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012,</DOC>
          <PGS>68070-68071</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27912</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Deposit</EAR>
      <HD>Federal Deposit Insurance Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68121</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27926</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>Millennium Pipeline Company, L.L.C.,</SJDOC>
          <PGS>68115</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27734</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Water Wheel Ranch,</SJDOC>
          <PGS>68116</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27731</FRDOCBP>
        </SJDENT>
        <SJ>Petitions for Declaratory Orders:</SJ>
        <SJDENT>
          <SJDOC>Blue Summit Wind, LLC,</SJDOC>
          <PGS>68117</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27710</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Electric Transmission Texas, LLC,</SJDOC>
          <PGS>68117</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27708</FRDOCBP>
        </SJDENT>
        <SJ>Petitions for Rate Approvals:</SJ>
        <SJDENT>
          <SJDOC>TEAK Texana Transmission Company, LP,</SJDOC>
          <PGS>68116-68117</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27730</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>TexStar Transmission, LP,</SJDOC>
          <PGS>68118</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27733</FRDOCBP>
        </SJDENT>
        <SJ>Preliminary Permit Applications:</SJ>
        <SJDENT>
          <SJDOC>Corral Creek South Hydro, LLC,</SJDOC>
          <PGS>68118</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27732</FRDOCBP>
        </SJDENT>
      </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>Indiana,</SJDOC>
          <PGS>68197-68199</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27617</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Maritime</EAR>
      <HD>Federal Maritime Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agreements Filed,</DOC>
          <PGS>68121</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27833</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Motor</EAR>
      <HD>Federal Motor Carrier Safety Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Qualifications of Drivers:</SJ>
        <SJDENT>
          <SJDOC>Exemption Applications; Vision,</SJDOC>
          <PGS>68199-68203</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27693</FRDOCBP>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27695</FRDOCBP>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27697</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Railroad</EAR>
      <HD>Federal Railroad Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>68203-68204</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27790</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Reserve</EAR>
      <HD>Federal Reserve System</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Changes in Bank Control:</SJ>
        <SJDENT>
          <SJDOC>Acquisitions of Shares of a Bank or Bank Holding Company,</SJDOC>
          <PGS>68121-68122</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27744</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies,</DOC>
          <PGS>68122</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27745</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Fine Arts Commission</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Commission of Fine Arts</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>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>Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors with Interest in Exporting to Chile,</SJDOC>
          <PGS>68128-68129</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27723</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Interstate Shellfish Dealer's Certificate,</SJDOC>
          <PGS>68129-68130</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27722</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Voluntary Hazard Analysis and Critical Control Point Manuals for Operators and Regulators of Retail and Food Service Establishments,</SJDOC>
          <PGS>68130-68132</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27721</FRDOCBP>
        </SJDENT>
        <SJ>Compliance Guidance for Small Business Entities; Availability:</SJ>
        <SJDENT>
          <SJDOC>Labeling for Bronchodilators; Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use,</SJDOC>
          <PGS>68132-68133</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27724</FRDOCBP>
        </SJDENT>
        <SJ>Guidance for Industry:</SJ>
        <SJDENT>
          <SJDOC>Use of Nucleic Acid Tests on Pooled and Individual Samples from Donors of Whole Blood and Blood Components, Including Source Plasma, to Reduce the Risk of Transmission of Hepatitis B Virus,</SJDOC>
          <PGS>68133-68134</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27783</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Assets</EAR>
      <HD>Foreign Assets Control Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Blocking Persons and Property:</SJ>
        <SJDENT>
          <SJDOC>Designations of 4 Individuals Who Commit, Threaten to Commit, or Support Terrorism,</SJDOC>
          <PGS>68207</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27831</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Trade</EAR>
      <HD>Foreign-Trade Zones Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications for Subzones:</SJ>
        <SJDENT>
          <SJDOC>Foreign-Trade Zone 163, Zimmer Manufacturing BV, Ponce, PR,</SJDOC>
          <PGS>68102</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27780</FRDOCBP>
        </SJDENT>
        <SJ>Proposed Production Activities:</SJ>
        <SJDENT>
          <SJDOC>Foreign-Trade Zone 163, Zimmer Manufacturing BV, Ponce, PR,</SJDOC>
          <PGS>68103</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27776</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Agency for Toxic Substances and Disease Registry</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Medicare &amp; Medicaid Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Institutes of Health</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>68122-68123</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27770</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Privacy Act of 1974; System of Records,</DOC>
          <PGS>68123-68125</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27699</FRDOCBP>
        </DOCENT>
      </CAT>
    </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>Eligibility of Nonprofit Corporation/Housing Consultant Certification,</SJDOC>
          <PGS>68138-68139</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27799</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Multifamily Housing Service Coordinator Grant,</SJDOC>
          <PGS>68139-68140</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27802</FRDOCBP>
        </SJDENT>
        <SJ>Announcement of Funding Awards:</SJ>
        <SJDENT>
          <SJDOC>Continuum of Care Program for Fiscal Year 2011,</SJDOC>
          <PGS>68568-68678</PGS>
          <FRDOCBP D="110" T="15NON2.sgm">2012-27658</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Privacy Act; Systems of Records,</DOC>
          <PGS>68140-68144</PGS>
          <FRDOCBP D="4" T="15NON1.sgm">2012-27806</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Interior</EAR>
      <HD>Interior Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Bureau of Safety and Environmental Enforcement</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>Ocean Energy Management Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Surface Mining Reclamation and Enforcement Office</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>International Trade Adm</EAR>
      <HD>International Trade Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications for Duty-Free Entry of Scientific Instruments:</SJ>
        <SJDENT>
          <SJDOC>Michigan State University, et al.,</SJDOC>
          <PGS>68103</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27782</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68148</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27981</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Drug Enforcement Administration</P>
      </SEE>
      <SEE>
        <PRTPAGE P="v"/>
        <HD SOURCE="HED">See</HD>
        <P>Justice Programs Office</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>COPS Comparative Assessment of Cost Reduction by Agencies Survey,</SJDOC>
          <PGS>68149</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27691</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Programs</EAR>
      <HD>Justice Programs Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>SANE/SART AI/AN Initiative Committee,</SJDOC>
          <PGS>68150-68151</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27789</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Labor Department</EAR>
      <HD>Labor Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Occupational Safety and Health Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Main Fan Operation and Inspection,</SJDOC>
          <PGS>68151-68152</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27759</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Assessments; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Boise District, Land Use Plans to Clarify Lands Eligible for Disposal; Correction,</SJDOC>
          <PGS>68146</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27772</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Library</EAR>
      <HD>Library of Congress</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Copyright Office, Library of Congress</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>NASA</EAR>
      <HD>National Aeronautics and Space Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>NASA Advisory Council; Science Committee,</SJDOC>
          <PGS>68152-68153</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27830</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Archives</EAR>
      <HD>National Archives and Records Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Presidential Library-Foundation Partnerships,</SJDOC>
          <PGS>68153</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27761</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Foundation</EAR>
      <HD>National Foundation on the Arts and the Humanities</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Humanities Panel,</SJDOC>
          <PGS>68153-68154</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27746</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Highway</EAR>
      <HD>National Highway Traffic Safety Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,</DOC>
          <PGS>68070</PGS>
          <FRDOCBP D="0" T="15NOR1.sgm">C1--2012--21972</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <HD>National Institute of Standards and Technology</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>National Construction Safety Team Advisory Committee,</SJDOC>
          <PGS>68103-68104</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27689</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>National Institute of Nursing Research Summer Genetics Institute Alumni Survey,</SJDOC>
          <PGS>68134</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27578</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Scientific Review,</SJDOC>
          <PGS>68137-68138</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27690</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27694</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Cancer Institute,</SJDOC>
          <PGS>68136</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27729</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Allergy and Infectious Diseases,</SJDOC>
          <PGS>68136</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27728</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Dental &amp; Craniofacial Research,</SJDOC>
          <PGS>68136-68137</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27727</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Diabetes and Digestive and Kidney Diseases,</SJDOC>
          <PGS>68137</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27726</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute of Mental Health,</SJDOC>
          <PGS>68134-68135</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27685</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27686</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute on Alcohol Abuse and Alcoholism,</SJDOC>
          <PGS>68135-68136</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27688</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Office of the Director,</SJDOC>
          <PGS>68138</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27687</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Snapper-Grouper Fishery of the South Atlantic:</SJ>
        <SJDENT>
          <SJDOC>Reopening of 2012 Commercial Sector for South Atlantic Red Snapper, Gag, and South Atlantic Shallow-Water Grouper,</SJDOC>
          <PGS>68071-68072</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27786</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Socio-economic Profile of Small-Scale Commercial Fisheries in the U.S. Caribbean,</SJDOC>
          <PGS>68104-68105</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27707</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Fisheries of the Caribbean; Southeast Data, Assessment, and Review, etc.,</SJDOC>
          <PGS>68105</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27682</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Marine Protected Areas Federal Advisory Committee,</SJDOC>
          <PGS>68105-68106</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27735</FRDOCBP>
        </SJDENT>
        <SJ>Second Fishing Capacity Reduction Program:</SJ>
        <SJDENT>
          <SJDOC>Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non-Pollock Groundfish Fishery,</SJDOC>
          <PGS>68106-68107</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27820</FRDOCBP>
        </SJDENT>
        <SJ>Takes of Marine Mammals Incidental to Specified Activities:</SJ>
        <SJDENT>
          <SJDOC>Rocky Intertidal Monitoring Surveys on the South Farallon Islands, CA,</SJDOC>
          <PGS>68107-68113</PGS>
          <FRDOCBP D="6" T="15NON1.sgm">2012-27817</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Paseo del Morro National Recreational Trail Extension, San Juan National Historic Site, San Juan, PR,</SJDOC>
          <PGS>68146-68147</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27758</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Science</EAR>
      <HD>National Science Foundation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Antarctic Conservation Act Permits,</DOC>
          <PGS>68154</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27681</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Women's</EAR>
      <HD>National Women's Business Council</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>68154-68155</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27784</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>Introduction of P-8A Multi-Mission Maritime Aircraft into U.S. Navy Fleet,</SJDOC>
          <PGS>68113-68114</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27762</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Military Training Activities at Naval Weapons Systems Training Facility, Boardman, OR,</SJDOC>
          <PGS>68114-68115</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27764</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Neighborhood</EAR>
      <HD>Neighborhood Reinvestment Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68155</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27859</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27862</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>License Renewal Applications:</SJ>
        <SJDENT>
          <SJDOC>Armed Forces Radiobiology Research Institute TRIGA Reactor Facility Operating License No. R-84; Comment Request,</SJDOC>
          <PGS>68155-68160</PGS>
          <FRDOCBP D="5" T="15NON1.sgm">2012-27757</FRDOCBP>
        </SJDENT>
        <PRTPAGE P="vi"/>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards; Subcommittee on Fukushima,</SJDOC>
          <PGS>68161</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27754</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27769</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards; Subcommittee on Planning and Procedures,</SJDOC>
          <PGS>68160</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27741</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards; Subcommittee on Radiation Protection and Nuclear Materials,</SJDOC>
          <PGS>68161-68162</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27767</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Reactor Safeguards; Subcommittee on Regulatory Policies and Practices,</SJDOC>
          <PGS>68160-68162</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27748</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27750</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Occupational Safety Health Adm</EAR>
      <HD>Occupational Safety and Health Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>UN Sub-committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals,</SJDOC>
          <PGS>68152</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27751</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Ocean Energy Management</EAR>
      <HD>Ocean Energy Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Oil and Gas Lease Sales:</SJ>
        <SJDENT>
          <SJDOC>Gulf of Mexico, Outer Continental Shelf, Western Planning Area 229,</SJDOC>
          <PGS>68147-68148</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27755</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Overseas</EAR>
      <HD>Overseas Private Investment Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68162-68163</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27853</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Personnel</EAR>
      <HD>Personnel Management Office</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Prevailing Rate Systems; Appropriated Fund Federal Wage System Wage Areas:</SJ>
        <SJDENT>
          <SJDOC>Redefinition of St. Louis, MO, Southern MO, Cleveland, OH, and Pittsburgh, PA,</SJDOC>
          <PGS>68073-68075</PGS>
          <FRDOCBP D="2" T="15NOP1.sgm">2012-27671</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Postal Service</EAR>
      <HD>Postal Service</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Outbound International Mailings of Lithium Batteries,</DOC>
          <PGS>68069-68070</PGS>
          <FRDOCBP D="1" T="15NOR1.sgm">2012-27842</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68163</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27840</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Presidential Documents</EAR>
      <HD>Presidential Documents</HD>
      <CAT>
        <HD>PROCLAMATIONS</HD>
        <SJ>Special Observances:</SJ>
        <SJDENT>
          <SJDOC>American Education Week (Proc. 8904),</SJDOC>
          <PGS>68045-68046</PGS>
          <FRDOCBP D="1" T="15NOD1.sgm">2012-27922</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>World Freedom Day (Proc. 8903),</SJDOC>
          <PGS>68043-68044</PGS>
          <FRDOCBP D="1" T="15NOD0.sgm">2012-27918</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>68163</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27867</FRDOCBP>
        </DOCENT>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>Chicago Stock Exchange, Inc.,</SJDOC>
          <PGS>68167-68169, 68183-68186</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27713</FRDOCBP>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27714</FRDOCBP>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27715</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>EDGX Exchange, Inc.,</SJDOC>
          <PGS>68182-68183</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27763</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Financial Industry Regulatory Authority, Inc.,</SJDOC>
          <PGS>68181-68182</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27765</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ OMX BX, Inc.,</SJDOC>
          <PGS>68171-68172</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27778</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ OMX PHLX LLC,</SJDOC>
          <PGS>68169-68170</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27779</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>New York Stock Exchange LLC,</SJDOC>
          <PGS>68188-68191</PGS>
          <FRDOCBP D="3" T="15NON1.sgm">2012-27717</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE Arca, Inc.,</SJDOC>
          <PGS>68163-68167, 68172-68177, 68193-68194</PGS>
          <FRDOCBP D="4" T="15NON1.sgm">2012-27712</FRDOCBP>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27719</FRDOCBP>
          <FRDOCBP D="5" T="15NON1.sgm">2012-27777</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE MKT LLC,</SJDOC>
          <PGS>68177-68181, 68186-68188, 68191-68195</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27716</FRDOCBP>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27718</FRDOCBP>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27720</FRDOCBP>
          <FRDOCBP D="4" T="15NON1.sgm">2012-27775</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Small Business</EAR>
      <HD>Small Business Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Disaster Declarations:</SJ>
        <SJDENT>
          <SJDOC>New York,</SJDOC>
          <PGS>68195</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27781</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Mining</EAR>
      <HD>Surface Mining Reclamation and Enforcement Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Permanent Regulatory Program Requirements—Standards for Certification of Blasters,</SJDOC>
          <PGS>68148</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27560</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR/>
      <HD>Toxic Substances and Disease Registry Agency</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Agency for Toxic Substances and Disease Registry</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Transportation Department</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Highway Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Motor Carrier Safety Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Railroad Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Highway Traffic Safety Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications:</SJ>
        <SJDENT>
          <SJDOC>Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits,</SJDOC>
          <PGS>68196</PGS>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27800</FRDOCBP>
          <FRDOCBP D="0" T="15NON1.sgm">2012-27801</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Comptroller of the Currency</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign Assets Control Office</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; System of Records,</DOC>
          <PGS>68204-68206</PGS>
          <FRDOCBP D="2" T="15NON1.sgm">2012-27698</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Survey of U.S. Ownership of Foreign Securities as of December 31, 2012,</DOC>
          <PGS>68206-68207</PGS>
          <FRDOCBP D="1" T="15NON1.sgm">2012-27808</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Health and Human Services Department, Centers for Medicare &amp; Medicaid Services,</DOC>
        <PGS>68210-68565</PGS>
        <FRDOCBP D="355" T="15NOR2.sgm">2012-26902</FRDOCBP>
      </DOCENT>
      <HD>Part III</HD>
      <DOCENT>
        <DOC>Housing and Urban Development Department,</DOC>
        <PGS>68568-68678</PGS>
        <FRDOCBP D="110" T="15NON2.sgm">2012-27658</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>221</NO>
  <DATE>Thursday, November 15, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="68047"/>
        <AGENCY TYPE="F">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of the Comptroller of the Currency</SUBAGY>
        <CFR>12 CFR Part 46</CFR>
        <DEPDOC>[Docket No. OCC-2012-0016]</DEPDOC>
        <SUBJECT>Policy Statement on the Principles for Development and Distribution of Annual Stress Test Scenarios</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Comptroller of the Currency (OCC), Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Interim guidance with request for public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This interim guidance sets forth the general processes and factors to be used by the OCC in development and distributing the stress test scenarios for the annual stress test required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as implemented by the Annual Stress Test final rule (Stress Test Rule) published on October 9, 2012. Under the Stress Test Rule national banks and Federal savings associations with total consolidated assets of more than $10 billion (covered institutions) are required to conduct annual stress tests using a minimum of three scenarios (baseline, adverse and severely adverse) provided by the OCC. The Stress Test Rule specified that the OCC will provide the required scenarios to the covered institutions by November 15th of each year.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This interim guidance is effective November 15, 2012. Comments must be submitted on or before January 14, 2013.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email if possible. Please use the title “Policy Statement on Principles for Development and Distribution of Annual Stress Test Scenarios” to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:</P>
          <P>•<E T="03">Email: regs.comments@occ.treas.gov.</E>
          </P>
          <P>•<E T="03">Mail:</E>Office of the Comptroller of the Currency, 250 E Street SW., Mail Stop 2-3, Washington, DC 20219.</P>
          <P>•<E T="03">Fax:</E>(202) 874-5274.</P>
          <P>•<E T="03">Hand Delivery/Courier:</E>250 E Street SW., Mail Stop 2-3, Washington, DC 20219.</P>
          <P>•<E T="03">Instructions:</E>You must include “OCC” as the agency name and “Docket Number OCC-2012-0016” in your comment. In general, OCC will enter all comments received into the docket and publish them on the Regulations.gov Web site without change, including any business or personal information that you provide such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.</P>
          <P>You may review comments and other related materials that pertain to this notice by any of the following methods:</P>
          <P>•<E T="03">Viewing Comments Personally:</E>You may personally inspect and photocopy comments at the OCC, 250 E Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874-4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments.</P>
          <P>•<E T="03">Docket:</E>You may also view or request available background documents and project summaries using the methods described above.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>David Nebhut, Deputy Comptroller for Economic and Policy Analysis, Economic and Policy Analysis (202) 649-5472, Arthur McMahon, Director, International Analysis and Banking Conditions (202) 649-5475, Robert Scavotto, Lead International Expert, International Analysis and Banking Condition (202) 649-5477, Henry Barkhausen, Attorney, Legislative and Regulatory Activities Division (202) 874-5090, or Ron Shimabukuro, Senior Counsel, Legislative and Regulatory Activities Division (202) 874-5090, Office of the Comptroller of the Currency, 250 E Street SW., Washington, DC 20219.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>

        <P>Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires certain financial companies, including national banks and Federal savings associations with total consolidated assets of more than $10 billion (covered institutions), to conduct annual stress tests. The OCC published in the<E T="04">Federal Register</E>on October 9, 2012, the final Annual Stress Test rule<SU>1</SU>
          <FTREF/>implementing the requirements and setting out definitions and rules for scope of application, scenarios, reporting, and disclosure. Under the Stress Test Rule, covered institutions are required to conduct annual stress tests based on the annual stress test cycle set out in Table 1.</P>
        <FTNT>
          <P>
            <SU>1</SU>77 FR 61238 (October 9, 2012).</P>
        </FTNT>
        <GPOTABLE CDEF="s75,r75,r75" COLS="3" OPTS="L2,i1">
          <TTITLE>Table 1—Process Overview of Annual Stress Test Cycles for Covered Institutions</TTITLE>
          <BOXHD>
            <CHED H="1">Key step</CHED>
            <CHED H="1">Over $50 billion</CHED>
            <CHED H="1">$10 to $50 billion</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">1. OCC distributes scenarios for annual stress tests</ENT>
            <ENT>By November 15</ENT>
            <ENT>By November 15.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="68048"/>
            <ENT I="01">2. Covered institutions conduct annual stress test and submit Annual Stress Test Report to the OCC and the Board</ENT>
            <ENT>By January 5</ENT>
            <ENT>By March 31.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3. Covered institutions make required public disclosures</ENT>
            <ENT>Between March 15 and March 31</ENT>
            <ENT>Between June 15 and June 30.</ENT>
          </ROW>
        </GPOTABLE>
        <P>A key component of the annual stress test is the stress test scenarios. Scenarios are sets of conditions that affect the U.S. economy or the financial condition of covered institutions. Each scenario includes the values of the variables specified for each quarter over the stress test horizon. The variables specified for each scenario generally address economic activity, asset prices, and other measures of financial market conditions for the United States and key foreign countries. The OCC annually will determine scenarios that are appropriate for use for each annual stress test. The timeline in Table 1 provides that the OCC will distribute stress test scenarios to covered institutions by November 15th of each year. This document articulates the principles that the OCC will apply to develop and distribute those scenarios for covered institutions.</P>
        <HD SOURCE="HD1">II. Immediate Effective Date and Request for Comment</HD>
        <P>This interim guidance is effective November 15, 2012 and applicable, to the extent practicable, to the annual stress test cycle beginning this year. As explained in the preamble, the Stress Test Rule was effective immediately upon publication because the stress testing framework represents a critical tool for national bank supervision and is essential for the health of covered institutions and the overall financial stability of the economy.<SU>2</SU>
          <FTREF/>For this reason, OCC believed that it was necessary for certain national banks and Federal savings associations with consolidated assets of $50 billion or more to conduct stress tests under the Stress Test Rule this year.</P>
        <FTNT>
          <P>
            <SU>2</SU>See Id. at 61244.</P>
        </FTNT>
        <P>The stress tests conducted under the Stress Test Rule framework will provide important forward-looking information to supervisors to assist in the overall assessment of a covered institution's capital adequacy and will help determine whether additional analytical techniques and exercises are appropriate to identify, measure and monitor risk to the financial soundness of the covered institution. Moreover, the OCC believes that the stress tests will benefit the covered institutions by supporting their own forward-looking assessments of their risks and better equip them to address a range of adverse outcomes. Similarly, the OCC believes that it is necessary to make this interim guidance effective immediately. The OCC recognizes that because of timing issues many of the procedural aspects of this interim guidance will not be relevant for the development of the scenarios for this year, however, the OCC believes that it is important to give covered institutions a sense of the general processes and factors used for scenario development that the OCC expects to use going forward, as well as an opportunity to comment.</P>
        <P>The agency solicits comment on all aspects of the interim guidance. Specifically, what challenges, if any, exist in applying this guidance generally or at particular banking organizations and why? Are there any terms described by the interim guidance that require further clarification and how should they be defined?</P>
        <HD SOURCE="HD1">III. Paperwork Reduction Act</HD>
        <P>In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3506; 5 CFR part 1320, Appendix A1, the OCC reviewed the interim guidance. The OCC may not conduct or sponsor, and an organization is not required to respond to, an information collection unless the information collection displays a currently valid OMB control number. The interim guidance contains no new collections of information under the PRA beyond those contained in OMB Control No. 1557-0311, the collection covering the Annual Stress Test rulemaking.</P>
        <HD SOURCE="HD1">IV. Principles for Development and Distribution of Annual Stress Test Scenarios</HD>
        <P>The text of the proposed guidance is as follows.</P>
        <EXTRACT>
          <HD SOURCE="HD1">PRINCIPLES FOR DEVELOPMENT AND DISTRIBUTION OF STRESS TEST SCENARIOS</HD>
          <HD SOURCE="HD1">I. INTRODUCTION</HD>

          <P>Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires certain financial companies, including national banks and Federal savings associations with total consolidated assets of more than $10 billion (covered institutions), to conduct annual stress tests. The Office of the Comptroller of the Currency (OCC) published in the<E T="04">Federal Register</E>on October 9, 2012, a final rule (stress test rule) implementing the requirements and setting out definitions and rules for scope of application, scenarios, reporting, and disclosure.<SU>1</SU>
            <FTREF/>Under the stress test rule, each year the OCC will distribute stress test scenarios to covered institutions. This document articulates the principles that the OCC will apply to develop and distribute those scenarios for covered institutions.</P>
          <FTNT>
            <P>
              <SU>1</SU>Annual Stress Test, 77 FR 61238 (October 9, 2012).</P>
          </FTNT>
          <HD SOURCE="HD1">II. STRESS TESTS</HD>
          <P>As defined by the stress test rule, a stress test is “a process to assess the potential impact of stressful scenarios on the consolidated earnings, losses, and capital of a covered institution over the planning horizon, taking into account the covered institution's current condition, risks, exposures, strategies, and activities.”<SU>2</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>2</SU>12 CFR 46.2 (Definition of Stress Test).</P>
          </FTNT>
          <P>Stress tests help covered institutions and the OCC determine whether those institutions have capital sufficient to absorb losses that could result from adverse economic conditions. The OCC views stress test results as one source of forward-looking information that can help identify downside risks and assess the potential impact of adverse outcomes on capital adequacy. Stress tests are not the only tool the OCC uses for these purposes; a complete assessment of a covered institution's capital position typically includes review of its capital planning processes, the governance concerning those processes, and the adequacy of capital under established regulatory capital measures. The OCC expects the board of directors and senior management of each covered institution to consider the results of the annual stress test when conducting capital planning, assessing capital adequacy, and evaluating risk management practices. The OCC also may use stress test results to determine whether additional analytical techniques and exercises are appropriate for a covered institution to employ in identifying, measuring, and monitoring risks to the financial soundness of the covered institution.</P>

          <P>Under the final rule, each covered institution is required to conduct an annual stress test using its financial data as of September 30 of each year, unless the OCC requires a different “as of” date for any or all categories of financial data. The stress test<PRTPAGE P="68049"/>must assess the potential impact of specific scenarios on the regulatory capital of the covered institution and on certain related items over a forward-looking planning horizon, taking into account all relevant exposures and activities.<SU>3</SU>
            <FTREF/>Under the final rule, the planning horizon is at least nine quarters, consisting of the fourth quarter of the current calendar year plus all four quarters of each of the two subsequent calendar years.</P>
          <FTNT>
            <P>
              <SU>3</SU>Id. at 46.6(a).</P>
          </FTNT>
          <HD SOURCE="HD1">III. SCENARIOS</HD>
          <P>Scenarios are sets of conditions that affect the U.S. economy or the financial condition of covered institutions.<SU>4</SU>
            <FTREF/>The OCC annually will determine scenarios that are appropriate for use under the stress test rule. In conducting the stress test under the stress test rule, each covered institution must use the scenarios provided by the OCC.</P>
          <FTNT>
            <P>
              <SU>4</SU>Id. at 46.2 (Definition of scenarios).</P>
          </FTNT>
          <P>Each scenario includes the values of the variables specified for each quarter over the stress test horizon. The OCC expects that covered institutions may not need to use all of the variables provided and may need to estimate relationships to identify other variables, such as those reflecting local economic conditions, from the values the OCC provides. The OCC will review the appropriateness of estimation processes and resulting estimates, or other modifications of variables, through its ongoing supervisory processes.</P>
          <P>The variables specified for each scenario generally address economic activity, asset prices, and other measures of financial market conditions for the United States and key foreign countries. Variables that describe economic activity likely will include, but not be limited to, the growth rate of gross domestic product, the unemployment rate, and the inflation rate. The OCC anticipates that the path (which reflects the level and rate of change) of the unemployment rate during the planning horizon in particular will be a key variable indicating the severity of economic stress, as this variable provides a simple and widely noted gauge of the state of the U.S. economy. This point is discussed further in this statement in connection with severely adverse scenarios.</P>
          <P>Other variables may represent asset prices and financial market conditions, including interest rates. The OCC expects to specify scenarios using a fairly stable core set of variables, although variables may be added or deleted as the U.S. and global economic environment evolves. The OCC will attempt to minimize additions, redefinitions, or re-specifications from year to year, recognizing that the use of new or modified variables for stress tests may require potentially costly systems changes at covered institutions.</P>
          <P>The scenarios provided by the OCC reflect at least three sets of economic and financial conditions, described in the rule as baseline, adverse, and severely adverse. The baseline broadly corresponds to the set of conditions expected to prevail over the term of the stress tests. The adverse and severely adverse scenarios introduce hypothetical stress conditions intended to test the safety and soundness of covered institutions as well as their capital planning processes. The aim is to assess the covered institutions' ability to identify and measure the risks it faces under adverse conditions, and to ensure that appropriate amounts of capital exist to support those risks. The OCC will evaluate both the adequacy of the projections and the processes used in the company-run stress test. The OCC expects covered institutions to be able to maintain ready access to funding, continue operations, meet obligations to creditors and counterparties, and continue to serve as credit intermediaries under conditions that are significantly more adverse than expected.</P>
          <P>The<E T="03">baseline</E>scenario establishes a benchmark set of conditions that incorporates the most current views on the macroeconomic outlook. These views are based on information obtained from government agencies, other public sector organizations, and private sector forecasters as close to the date of the annual stress test as possible. The baseline may be based on one or more of the “consensus” forecasts produced by various organizations, although the OCC may choose to depart from the consensus if necessary to provide a more appropriate baseline for the stress tests.</P>
          <P>The<E T="03">adverse</E>scenario is a hypothetical set of conditions designed to simulate a moderate level of stress that covered companies could experience, such as a mild-to-moderate U.S. recession. The adverse scenario may also be used to investigate other risks, perhaps including operational risks, that the OCC believes should be better understood or more closely monitored.</P>
          <P>The<E T="03">severely</E>adverse scenario is a set of quite challenging economic and financial conditions, such as those that might be experienced in a relatively severe recession. Three examples of severe recessions from recent U.S. experience may illustrate the anticipated depth of the severely adverse scenario as it relates to the unemployment rate:</P>
          <P>• The 1973-75 recession, during which the unemployment rate increased 4.1 percentage points, from 4.9 percent in 1973Q3 to 9.0 percent in 1975Q2 (one quarter after the recession ended).</P>
          <P>• The back-to-back recessions in 1980 and 1981-82, during which the unemployment rate increased 4.7 percentage points, from 6.1 percent in 1979Q4 to 10.8 percent in 1982Q4 (the last quarter of the recession).</P>
          <P>• The 2007-09 recession, during which the unemployment rate increased 5.3 percentage points, from 4.7 percent in 2007Q3 to 10.0 percent in 2009Q4 (two quarters after the recession ended).</P>
          <P>Other variables under the adverse and severely adverse scenarios would be expected to follow paths consistent with the depth and duration of previous recessions and with models of macroeconomic activity. The severely adverse scenario also may reflect other risks that are especially salient and that might not be captured by past recessions, including elevated levels of systemic risk.</P>
          <P>The scenarios distributed by the OCC for the stress tests cover at least nine quarters. In addition, the OCC will generally publish scenarios that cover one year beyond the planning horizon of the stress test, to allow for the estimation of loan losses for the year following the stress planning horizon; this additional specification allows covered institutions to determine adequate levels of loan loss reserves.</P>
          <P>The OCC believes that as a general matter all covered institutions should use the same set of scenarios and planning horizon so that the OCC can better compare results across institutions. To that end, the OCC intends to provide one set of scenarios for use by all covered institutions. However, the OCC believes there may be circumstances that would warrant the use of different or additional scenarios or a planning horizon of more than nine quarters. Thus, under the stress test rule the OCC reserves the authority to require a covered institution to use different or additional scenarios and/or planning horizons the agency may deem appropriate. For example, a covered institution may conduct business activities or have risk exposures that would encounter stress under conditions that differ materially from those that would generate stress for other institutions. The OCC expects such situations to be rare and anticipates making every effort to distribute the same scenarios to all covered institutions.</P>
          <P>In addition to the minimum three scenarios, the OCC may require a covered institution with significant trading activities to include factors related to trading and counterparty risk in its stress test. Typically, these factors might include additional shocks to specific market prices, interest rates, rate spreads, or other key market variables consistent with historical or hypothetical adverse market events.</P>
          <HD SOURCE="HD1">IV. DEVELOPMENT AND DISTRIBUTION</HD>
          <P>As one part of the process of developing scenarios, the OCC will gather information from outside entities and develop themes for the stress test scenarios, including the identification of potentially material vulnerabilities or salient risks to the financial system, and consider potential paths for individual variables. The outside entities may include academic experts, staffs of international organizations, foreign supervisors, financial institutions that regularly provide forecasts, and other private sector risk analysts that regularly conduct stress tests based on U.S. and global economic and financial scenarios. The OCC will use the information gathered in this manner to inform its consideration of potential risks and scenarios.</P>

          <P>The OCC, the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (Agencies) expect to consult closely to develop scenarios for stress testing. Absent specific supervisory concerns, the OCC anticipates that the annual stress test scenarios distributed by the OCC will be the same as or nearly identical to the scenarios developed by the Board for the supervisory stress tests conducted by the Board under Section 165(i)(1). This would mean the same economic and financial variables following the same paths as used in the scenarios for the Board's supervisory stress tests.<PRTPAGE P="68050"/>
          </P>
          <P>Although the Agencies generally expect to consult closely on scenario development, they may have different views of risks that should be reflected in the stress test scenarios used by covered institutions for the annual stress test. The OCC may distribute scenarios to covered institutions that differ in certain respects from those distributed by the FDIC and the Board if necessary to better reflect specific OCC concerns. The OCC expects such situations to be extremely rare, however, and anticipates making every effort to avoid differences in the scenarios required by each agency.</P>
          <P>The OCC anticipates that the stress test scenarios will be revised annually as appropriate to ensure that each scenario remains relevant under prevailing economic and industry conditions. These yearly revisions will enable the scenarios to capture evolving risks and vulnerabilities. The need to ensure that scenarios do not become outdated because of economic and financial developments makes a lengthy process of review and comment concerning scenarios prior to distribution each year impractical. However, the process of consultation with the Board and the FDIC, as well as the ongoing interaction of OCC staff with public and private sector experts to obtain views on salient risks and to obtain suggestions for the behavior of key economic variables, should ensure that the stress conditions reflected in the scenarios are well suited to their purpose.</P>
          <P>The scenario development process culminates with the distribution of the scenarios to all covered institutions no later than November 15 of each year. The scenario descriptions provided to covered institutions will include values for economic and financial variables depicting the paths those variables follow under the scenarios. The OCC believes that distribution of the scenarios by November 15 aligns with similar processes at the FDIC and the Board.</P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 6, 2012.</DATED>
          <NAME>Thomas J. Curry,</NAME>
          <TITLE>Comptroller of the Currency.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27660 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-33-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0488; Directorate Identifier 2011-NM-106-AD; Amendment 39-17244; AD 2012-22-08]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Airbus Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-600 and A300 B4-600R, Model A300, and Model A310 series airplanes. This AD was prompted by reports of fatigue cracking in the crossbeams at the junction of the actuator beam of the lower deck cargo door. This AD requires repetitive inspections of the crossbeams of certain fuselage frames, and repair if necessary. We are issuing this AD to detect and correct cracking of the crossbeams at the junction of the actuator beam of the lower deck cargo door, which could result in failure to withstand ultimate load conditions, and consequent reduced structural integrity of the airplane.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion</HD>

        <P>We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the<E T="04">Federal Register</E>on May 22, 2012 (77 FR 30228). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:</P>
        
        <EXTRACT>
          <P>Some operators have reported cracked crossbeams at the junction with the lower deck cargo door actuator beam. The investigation results indicate that these cracks initiated in the fastener hole, propagated in a vertical direction and were due to fatigue.</P>
          <P>This condition, if not corrected, could lead, in case of cracks propagation in a crossbeam (upper and lower web), to the floor grid being unable to withstand ultimate load condition.</P>
          <FP>For the reasons described above, this [European Aviation Safety Agency (EASA)] AD requires repetitive [high frequency eddy current] inspections [for cracks] of certain crossbeams including those previously repaired by the Structure Repair Manual (SRM) or Repair Approval Sheet (RAS).</FP>
        </EXTRACT>
        
        <FP>The required actions include repairing any cracking. As an option, modifying the crossbeams terminates the repetitive inspections. You may obtain further information by examining the MCAI in the AD docket.</FP>
        <HD SOURCE="HD1">Comments</HD>
        <P>We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 30228, May 22, 2012) and the FAA's response to each comment.</P>
        <HD SOURCE="HD1">Request To Clarify That Freighter Airplanes Are Not Affected</HD>
        <P>UPS stated that the NPRM (77 FR 30228, May 22, 2012) does not apply to its Model A300 F4-622R airplanes.</P>

        <P>We infer that the commenter is asking for clarification that its airplanes are not affected by the proposed requirements. Freighter airplanes identified as freighters on the initial certificate of airworthiness are excluded from the applicability in this AD. The loads distribution via the main deck cargo loading system onto the floor grid is different from passenger airplanes. In addition, the European Aviation Safety Agency (EASA), which is the aviation authority for the Member States of the European Community, has granted an alternative method of compliance (AMOC) for Airbus airplanes converted from passenger to freighter configuration by EASA supplemental type certificate (STC). We have changed the applicability in paragraph (c) of this AD to exclude airplanes converted by the equivalent FAA STCs<E T="03">ST01431NY, ST00177LA-D,</E>and<E T="03">ST00100NY.</E>
        </P>
        <HD SOURCE="HD1">Request To Extend Repetitive Inspection Interval/Eliminate Compliance Time for Corrective Action</HD>
        <P>FedEx asked that the repetitive inspection interval specified in paragraph (g) of the NPRM (77 FR 30228, May 22, 2012), be extended from 600 flight cycles to within 1,500 flight cycles or 24 months after the effective date of the AD, whichever occurs first. FedEx stated that the current repetitive inspection interval is ten times more frequent than the 6,000-flight-cycle interval in the existing airworthiness limitations items and maintenance review board requirements. FedEx added that these maintenance program items have been performed regularly at FedEx and have yielded few findings. FedEx noted that this extension will coincide with its regular maintenance check schedule.</P>

        <P>FedEx also stated that paragraph (g)(2) of the NPRM (77 FR 30228, May 22, 2012) specifies that, if a prior repair has<PRTPAGE P="68051"/>been done on the crossbeam, the corrective action requires accomplishing a repair within 600 flight cycles after the effective date of the AD. This places an additional burden on operators by mandating replacement of the crossbeam.</P>
        <P>We disagree with the requests to extend the compliance time for the repetitive inspections and to eliminate the compliance time for the corrective action. Based on the data provided by Airbus, we determined that repetitive intervals of 600 flight hours and doing the repair before the accumulation of 10,000 total flight cycles since first flight of the airplane, or within 600 flight cycles after the effective date of this AD, whichever occurs later, is appropriate to address the identified unsafe condition. In developing an appropriate compliance time for these actions, we considered the urgency associated with the subject unsafe condition, the manufacturer's recommendations, and the practical aspect of accomplishing the required actions within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In addition, our compliance time corresponds with the compliance time of the parallel AD issued by EASA. Under the provisions of paragraph (j)(1) of this AD, we will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety. We have not changed the AD in this regard.</P>
        <HD SOURCE="HD1">Product Identification Correction</HD>
        <P>We have changed the product identification in this AD to specify “Airbus.” We inadvertently listed “The Boeing Company” in the product identification section of the NPRM (77 FR 30228, May 22, 2012).</P>
        <HD SOURCE="HD1">Conclusion</HD>
        <P>We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>Based on the service information, we estimate that this AD affects about 152 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $12,920, or $85 per product.</P>
        <P>We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this 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>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify that this AD:</E>
        </P>
        <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
        <P>(2) Is not a “significant rule” under 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">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-08Airbus:</E>Amendment 39-17244; Docket No. FAA-2012-0488; Directorate Identifier 2011-NM-106-AD.</FP>
            <HD SOURCE="HD1">(a) Effective Date</HD>
            <P>This AD is effective December 20, 2012.</P>
            <HD SOURCE="HD1">(b) Affected ADs</HD>
            <P>None.</P>
            <HD SOURCE="HD1">(c) Applicability</HD>
            <P>This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes; certificated in any category; except those airplanes identified in paragraph (c)(1), (c)(2), (c)(3), and (c)(4) of this AD.</P>
            <P>(1) Airplanes on which Airbus Service Bulletin A300-53-6166 (Airbus Modification 13434) has been embodied in service (for Model A300 B4-600 and A300 B4-600R series airplanes).</P>
            <P>(2) Airplanes on which Airbus Service Bulletin A300-53-0389 (Airbus Modification 13434) has been embodied in service (for Model A300 series airplanes).</P>
            <P>(3) Airplanes on which Airbus Service Bulletin A310-53-2133 (Airbus Modification 13434) has been embodied in service (for Model A310 series airplanes).</P>

            <P>(4) Airplanes modified by FAA Supplemental Type Certificate (STC)<E T="03">ST01431NY, ST00177LA-D</E>, or<E T="03">ST00100NY</E>, as applicable.</P>
            <HD SOURCE="HD1">(d) Subject</HD>
            <P>Air Transport Association (ATA) of America Code 53: Fuselage.</P>
            <HD SOURCE="HD1">(e) Reason</HD>
            <P>This AD was prompted by reports of fatigue cracking in the crossbeams at the junction of the actuator beam of the lower deck cargo door. We are issuing this AD to detect and correct cracking of the crossbeams at the junction of the actuator beam of the lower deck cargo door, which could result in failure to withstand ultimate load conditions, and consequent reduced structural integrity of the airplane.</P>
            <HD SOURCE="HD1">(f) Compliance</HD>
            <P>You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.</P>
            <HD SOURCE="HD1">(g) Repetitive High Frequency Eddy Current Inspections</HD>

            <P>(1) For airplanes on which the crossbeams at frames (FR) 22/23 and FR 61/62 have not<PRTPAGE P="68052"/>been repaired as specified in an Airbus structural repair manual or repair approval sheet as of the effective date of this AD: Before the accumulation of 10,000 total flight cycles since first flight of the airplane, or within 600 flight cycles after the effective date of this AD, whichever occurs later, perform a high frequency eddy current (HFEC) inspection for cracking of the crossbeam fuselage frame stations FR 22/23 and FR 61/62, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this AD. Repeat the inspection thereafter at intervals not to exceed 600 flight cycles until the modification specified in paragraph (i) of this AD has been done.</P>
            <P>(i) Airbus Mandatory Service Bulletin A300-53-0390, dated January 15, 2010 (for Model A300 series airplanes).</P>
            <P>(ii) Airbus Mandatory Service Bulletin A310-53-2134, dated January 15, 2010 (for Model A310 series airplanes).</P>
            <P>(iii) Airbus Mandatory Service Bulletin A300-53-6168, dated January 15, 2010 (for Model A300-600 series airplanes).</P>
            <P>(2) For airplanes on which the crossbeams at FR 22/23 and FR 61/62 have been repaired as specified in an Airbus structural repair manual or repair approval sheet as of the effective date of this AD: Before the accumulation of 10,000 total flight cycles since first flight of the airplane, or within 600 flight cycles after the effective date of this AD, whichever occurs later, repair in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent).</P>
            <HD SOURCE="HD1">(h) Corrective Action</HD>
            <P>If any crack is found during any inspection required by paragraph (g) of this AD: Before further flight, repair any crack using a method approved by the Manager, International Branch, ANM-116; or EASA (or its delegated agent).</P>
            <HD SOURCE="HD1">(i) Optional Terminating Action</HD>
            <P>Modifying the crossbeam fuselage frame stations FR 22/23 and FR 61/62, including doing rotating probe inspections for cracks of fastener holes, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in paragraph (i)(1), (i)(2), or (i)(3) of this AD, and repairing any crack using a method approved by the Manager, International Branch, ANM-116; or EASA (or its delegated agent); terminates the repetitive inspections required by paragraph (g)(1) of this AD.</P>
            <P>(1) Airbus Service Bulletin A300-53-0389, Revision 02, dated April 27, 2011 (for Model A300 series airplanes).</P>
            <P>(2) Airbus Service Bulletin A310-53-2133, Revision 02, dated April 27, 2011 (for Model A310 series airplanes).</P>
            <P>(3) Airbus Service Bulletin A300-53-6166, Revision 01, dated May 21, 2010 (for Model A300-600 series airplanes).</P>
            <HD SOURCE="HD1">(j) Other FAA AD Provisions</HD>
            <P>The following provisions also apply to this AD:</P>
            <P>(1)<E T="03">Alternative Methods of Compliance (AMOCs):</E>The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Information may be emailed to:<E T="03">9-ANM-116-AMOC-REQUESTS@faa.gov.</E>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. The AMOC approval letter must specifically reference this AD.</P>
            <P>(2)<E T="03">Airworthy Product:</E>For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.</P>
            <HD SOURCE="HD1">(k) Related Information</HD>
            <P>Refer to EASA Airworthiness Directive 2011-0086, dated May 12, 2011; and the service information identified in paragraphs (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), and (k)(6) of this AD, for related information.</P>
            <P>(1) Airbus Mandatory Service Bulletin A300-53-0390, dated January 15, 2010.</P>
            <P>(2) Airbus Mandatory Service Bulletin A300-53-6168, dated January 15, 2010.</P>
            <P>(3) Airbus Mandatory Service Bulletin A310-53-2134, dated January 15, 2010.</P>
            <P>(4) Airbus Service Bulletin A300-53-0389, Revision 02, dated April 27, 2011.</P>
            <P>(5) Airbus Service Bulletin A300-53-6166, Revision 01, dated May 21, 2010.</P>
            <P>(6) Airbus Service Bulletin A310-53-2133, Revision 02, dated April 27, 2011.</P>
            <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(i) Airbus Mandatory Service Bulletin A300-53-0390, dated January 15, 2010.</P>
            <P>(ii) Airbus Mandatory Service Bulletin A300-53-6168, dated January 15, 2010.</P>
            <P>(iii) Airbus Mandatory Service Bulletin A310-53-2134, dated January 15, 2010.</P>
            <P>(iv) Airbus Service Bulletin A300-53-0389, Revision 02, dated April 27, 2011.</P>
            <P>(v) Airbus Service Bulletin A300-53-6166, Revision 01, dated May 21, 2010.</P>
            <P>(vi) Airbus Service Bulletin A310-53-2133, Revision 02, dated April 27, 2011.</P>

            <P>(3) For service information identified in this AD, contact Airbus SAS—EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email<E T="03">account.airworth-eas@airbus.com;</E>Internet<E T="03">http://www.airbus.com.</E>
            </P>
            <P>(4) You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221.</P>

            <P>(5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Renton, Washington, on October 24, 2012.</DATED>
          <NAME>Kalene C. Yanamura,</NAME>
          <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27055 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0643; Directorate Identifier 2011-NM-190-AD; Amendment 39-17241; AD 2012-22-05]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Fokker Services B.V. Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are superseding an existing airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. That AD currently requires performing a detailed visual inspection for cracks of the pistons on the main landing gear (MLG), and replacing the affected pistons if necessary. This new AD also requires modifying the MLG by installing a piston containing a certain part number, and revising the airplane maintenance program. This AD was prompted by a new modification developed to safeguard the integrity of the MLG assembly and improve surface protection of the affected area of the MLG piston. We are issuing this AD to prevent MLG failure, possibly resulting in loss of control of the airplane during the landing roll-out.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD becomes effective December 20, 2012.<PRTPAGE P="68053"/>
          </P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of March 22, 2011 (76 FR 8618, February 15, 2011).</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1137; fax 425-227-1149.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion</HD>

        <P>We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the<E T="04">Federal Register</E>on June 21, 2012 (77 FR 37337), and proposed to supersede AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:</P>
        
        <EXTRACT>
          <P>During a normal walk around check on a F28 Mark 0100 aeroplane, a large crack was discovered in the lower portion of the right (RH) MLG piston. The affected MLG unit had accumulated 7,909 flight cycles (FC) at the time of detection. The piston was sent to Goodrich, the landing gear manufacturer, for detailed investigation, which revealed that the crack had been initiated by corrosion pits. The extent of the corrosion indicates that the initial crack existed for a substantial period before a high loading event caused the crack to grow further by ductile overload.</P>
          <P>This condition, if not detected and corrected, could lead to MLG failure during the landing roll-out, possibly resulting in damage to the aeroplane and injury to occupants.</P>
          <P>To address this potential unsafe condition, EASA [European Aviation Safety Agency] issued AD 2009-0221 [which corresponds with FAA AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011)] to require a one-time detailed visual inspection of the MLG pistons, the replacement of any MLG pistons on which cracks are detected, and the reporting of all findings to the aeroplane TC [type certificate] holder. No cracks were reported as a result of this inspection.</P>
          <P>Subsequently, a repetitive inspection was introduced in the Airworthiness Limitations Section (Fokker Services report SE-623 Issue 8) in Appendix 1 of the Maintenance Review Board (MRB) document to safeguard the integrity of the MLG assembly, pending the accomplishment of a terminating action.</P>
          <P>Goodrich issued Service Bulletin (SB) 41000-32-29 to introduce an improved surface protection (nickel plate) of the affected area of the MLG piston P/N [part number] 41141-3 and re-identification as P/N 41141-5, which is considered as a terminating action for the repetitive inspections.</P>
          <P>For the reasons described above, this [EASA] AD requires repetitive visual inspections of the P/N 41141-3 MLG piston for cracks and, depending on findings, replacement or modification of the MLG piston. This [EASA] AD also requires modification of the affected MLG by installing a piston P/N 41141-5.</P>
        </EXTRACT>
        
        <FP>You may obtain further information by examining the MCAI in the AD docket.</FP>
        <HD SOURCE="HD1">Change Made to This AD</HD>
        <P>We have revised paragraphs (k), (l), and (n), of this final rule to clarify the document citation of Fokker Report SE-623 to meet the Office of Federal Register's guidelines for materials incorporated by reference. There is no change to the requirements specified in those paragraphs.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (77 FR 37337, June 21, 2012) or on the determination of the cost to the public.</P>
        <HD SOURCE="HD1">Conclusion</HD>
        <P>We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed—except for minor editorial changes. We have determined that these minor changes:</P>
        <P>• Are consistent with the intent that was proposed in the NPRM (77 FR 37337, June 21, 2012) for correcting the unsafe condition; and</P>
        <P>• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 37337, June 21, 2012).</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD will affect about 2 products of U.S. registry.</P>
        <P>The actions that are required by AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011), and retained in this AD take about 3 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the currently required actions is $255 per product.</P>
        <P>We estimate that it will take about 24 work-hours per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $4,080, or $2,040 per product.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.</P>
        <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify that this AD:</E>
        </P>
        <P>1. Is not a “significant regulatory action” under Executive Order 12866;</P>
        <P>2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>3. Will not affect intrastate aviation in Alaska; and</P>
        <P>4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket<PRTPAGE P="68054"/>contains the NPRM (77 FR 37337, June 21, 2012), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011), and adding the following new AD:</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-05Fokker Services B.V.:</E>Amendment 39-17241. Docket No. FAA-2012-0643; Directorate Identifier 2011-NM-190-AD.</FP>
            <HD SOURCE="HD1">(a) Effective Date</HD>
            <P>This airworthiness directive (AD) becomes effective December 20, 2012.</P>
            <HD SOURCE="HD1">(b) Affected ADs</HD>
            <P>This AD supersedes AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011).</P>
            <HD SOURCE="HD1">(c) Applicability</HD>
            <P>(1) This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes, certificated in any category, all serial numbers, equipped with Goodrich (formerly Menasco, Colt Industries) main landing gear (MLG) units, part numbers (P/N) 41050-7, 41050-8, 41050-9, 41050-10, 41050-11, 41050-12, 41050-13, 41050-14, 41050-15, 41050-16, 41060-1, 41060-2, 41060-3, 41060-4, 41060-5, or 41060-6.</P>
            <P>(2) This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these actions, 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 (AMOC) according to paragraph (m)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane.</P>
            <HD SOURCE="HD1">(d) Subject</HD>
            <P>Air Transport Association (ATA) of America Code 32: Landing Gear.</P>
            <HD SOURCE="HD1">(e) Reason</HD>
            <P>This AD was prompted by a new modification developed to safeguard the integrity of the MLG assembly and improve surface protection of the affected area of the MLG piston. We are issuing this AD to prevent MLG failure, possibly resulting in loss of control of the airplane during the landing roll-out.</P>
            <HD SOURCE="HD1">(f) Compliance</HD>
            <P>You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.</P>
            <HD SOURCE="HD1">(g) Retained Initial Inspection</HD>
            <P>This paragraph restates the initial inspection required by paragraph (g) of AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011). Within 30 days after March 22, 2011 (the effective date of AD 2011-04-01), do a detailed visual inspection for cracks of the MLG pistons, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-158, dated October 2, 2009.</P>
            <HD SOURCE="HD1">(h) Retained Replacement</HD>
            <P>This paragraph restates the replacement required by paragraph (h) of AD 2011-04-01, Amendment 39-16601 (76 FR 8618, February 15, 2011). If any cracked MLG piston is found during the inspection required by paragraph (g) of this AD, before further flight, replace the affected piston with a serviceable part, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-158, dated October 2, 2009.</P>
            <HD SOURCE="HD1">(i) New Modification</HD>
            <P>Within 120 months, or during a scheduled overhaul of the MLG, whichever occurs first after the effective date of this AD: Modify the MLG by installing a piston containing P/N 41141-5, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-161, dated April 7, 2011. Re-installation of a MLG piston that has been modified and re-identified as P/N 41141-5, in accordance with the Accomplishment Instructions of Goodrich Service Bulletin 41000-32-29, dated November 10, 2010, is an optional method of compliance for the requirements specified in paragraph (i) of this AD. It is acceptable to operate an airplane with one MLG having a P/N 41141-5 piston installed, and the other MLG having a P/N 41141-3 piston installed, provided all MLG P/N 41141-3 are replaced within the compliance times specified in paragraph (i) of this AD.</P>
            <HD SOURCE="HD1">(j) New Parts Installation Prohibition</HD>
            <P>After 120 months after the effective date of this AD: No person may install a MLG piston, P/N 41141-3, or a MLG unit equipped with a MLG piston P/N 41141-3, on any airplane.</P>
            <HD SOURCE="HD1">(k) New Revision of the Airplane Maintenance Program</HD>
            <P>Within 2 months after the effective date of this AD: Revise the airplane maintenance program by incorporating Task 321100-01-16, Inspection of MLG Piston, and associated thresholds and intervals described in Fokker Report, SE-623, Fokker 70/100 Airworthiness Limitation Items and Safe Life Items, Issue 8, dated December 20, 2010. The initial compliance time for Task 321100-01-16 is within 2 months after the effective date of this AD.</P>
            <HD SOURCE="HD1">(l) No Alternative Actions or Intervals</HD>
            <P>After accomplishing the revisions required by paragraph (k) of this AD, no alternative actions (e.g., inspections) or intervals may be used other than those specified in Fokker Report, SE-623, Fokker 70/100 Airworthiness Limitation Items and Safe Life Items, Issue 8, dated December 20, 2010, unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in paragraph (m)(1) of this AD.</P>
            <HD SOURCE="HD1">(m) Other FAA AD Provisions</HD>
            <P>The following provisions also apply to this AD:</P>
            <P>(1)<E T="03">Alternative Methods of Compliance (AMOCs):</E>The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to:<E T="03">9-ANM-116-AMOC-REQUESTS@faa.gov.</E>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. The AMOC approval letter must specifically reference this AD.</P>
            <P>(2)<E T="03">Airworthy Product:</E>For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.</P>
            <HD SOURCE="HD1">(n) Related Information</HD>
            <P>Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2011-0159, dated August 26, 2011, and the service information specified in paragraphs (n)(1)through (n)(4) of this AD, for related information.</P>
            <P>(1) Fokker Service Bulletin SBF100-32-158, dated October 2, 2009.</P>

            <P>(2) Fokker Service Bulletin SBF100-32-161, dated April 7, 2011.<PRTPAGE P="68055"/>
            </P>
            <P>(3) Fokker Report, SE-623, Fokker 70/100 Airworthiness Limitation Items and Safe Life Items, Issue 8, dated December 20, 2010.</P>
            <P>(4) Goodrich Service Bulletin 41000-32-29, dated November 10, 2010.</P>
            <HD SOURCE="HD1">(o) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(3) The following service information was approved for IBR on December 20, 2012.</P>
            <P>(i) Fokker Service Bulletin SBF100-32-161, dated April 7, 2011.</P>
            <P>(ii) Fokker Report, SE-623, Fokker 70/100 Airworthiness Limitation Items and Safe Life Items, Issue 8, dated December 20, 2010.</P>
            <P>(iii) Goodrich Service Bulletin 41000-32-29, dated November 10, 2010.</P>
            <P>(4) The following service information was approved for IBR on March 22, 2011 (76 FR 8618, February 15, 2011).</P>
            <P>(i) Fokker Service Bulletin SBF100-32-158, dated October 2, 2009.</P>
            <P>(ii) Reserved.</P>

            <P>(5) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31 (0)252-627-211; email<E T="03">technicalservices.fokkerservices@stork.com;</E>Internet<E T="03">http://www.myfokkerfleet.com.</E>For Goodrich Corporation service information identified in this AD, contact Goodrich, 1400 South Service Road, West Oakville, L6L 5Y7, Ontario, Canada, telephone +1-905-827-7777; fax +1-905-825-1583; Internet<E T="03">http://www.goodrich.com/TechPubs.</E>
            </P>
            <P>(6) You may review copies of the 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>

            <P>(7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
          
        </REGTEXT>
        <SIG>
          <DATED>Issued in Renton, Washington, on October 24, 2012.</DATED>
          <NAME>Kalene C. Yanamura,</NAME>
          <TITLE>Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-26781 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0530; Directorate Identifier 2011-SW-075-AD; Amendment 39-17247; AD 2012-22-11]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Bell Helicopter Textron Helicopters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron (BHT) Model 412, 412EP, and 412CF helicopters. This AD requires a repetitive inspection of the collective lever for a crack, and if there is a crack, before further flight, replacing the collective lever with an airworthy collective lever. This AD was prompted by a reported failure of a collective lever. The actions are intended to detect a crack in the collective lever, which could lead to failure of the collective lever and subsequent loss of control of the helicopter.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of December 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>For service information identified in this AD, contact Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, Texas 76101; telephone (817) 280-3391; fax (817) 280-6466; or at<E T="03">http://www.bellcustomer.com/files/.</E>You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>

          <P>Examining the AD Docket: You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Martin Crane, Aerospace Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5170; email<E T="03">martin.r.crane@faa.gov.</E>
          </P>
        </FURINF>
        <SUM>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <P/>
          <HD SOURCE="HD1">Discussion</HD>
          <P>On May 22, 2012, at 77 FR 30232, the<E T="04">Federal Register</E>published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to certain serial-numbered BHT Model 412, 412EP, and 412CF helicopters with a collective lever, part number (P/N) 412-010-408-101. That NPRM proposed to require within 25 hours time-in-service (TIS) or 30 days, whichever occurs first, and thereafter at intervals not to exceed 100 hours TIS, cleaning the collective lever and inspecting it for cracks with a 10X or higher power magnifying glass. If there is a crack in the collective lever paint finish, the NPRM proposed to require removing the collective lever from the swashplate and performing a fluorescent penetrant inspection, and if there is a crack in the collective lever, before further flight, replacing the collective lever with an airworthy collective lever. The proposed requirements were intended to detect a crack in the collective lever, which could lead to failure of the collective lever and subsequent loss of control of the helicopter.</P>
          <HD SOURCE="HD1">Comments</HD>
          <P>We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (77 FR 30232, May 22, 2012).</P>
          <HD SOURCE="HD1">FAA's Determination</HD>
          <P>We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.</P>
          <HD SOURCE="HD1">Related Service Information</HD>

          <P>We reviewed Bell Helicopter Alert Service Bulletin (ASB) No. 412-11-148 and ASB No. 412CF-11-47, both Revision A, and both dated December 12, 2011, which describe procedures for repetitively inspecting the collective lever with a magnifying glass and a strong light source and, if necessary, a fluorescent penetrant inspection. If there is a crack, the ASBs require replacing the collective lever.<PRTPAGE P="68056"/>
          </P>
          <HD SOURCE="HD1">Differences Between This AD and the Service Information</HD>
          <P>The BHT ASBs require compliance within 100 hours of flight time for the initial inspection; this AD requires compliance within 25 hours TIS or 30 days, whichever occurs first. If there is a crack, the BHT ASBs require reporting the defect to Bell Product Support Engineering; this AD does not. The BHT ASBs allow a portion of the collective lever to be inspected by a mirror and light only without a magnifying glass; this AD requires using a 10X or higher power magnifying glass for the entire inspection.</P>
          <HD SOURCE="HD1">Costs of Compliance</HD>
          <P>We estimate that this AD will affect 83 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Inspecting the collective lever requires one work-hour at an average labor rate of $85 per work-hour, for a cost per helicopter of $85 and a total cost to the U.S. operator fleet of $7,055 per inspection cycle. Replacing a cracked collective lever requires 10 work-hours at an average labor rate of $85 per work-hour and required parts will cost $12,883, for a total cost of $13,733 per helicopter.</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>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
          <P>For the reasons discussed above, I certify that this AD:</P>
          <P>(1) Is not a “significant regulatory action” under Executive Order 12866;</P>
          <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
          <P>(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and</P>
          <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
          <P>We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        </SUM>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-11Bell Helicopter Textron:</E>Amendment 39-17247; Docket No. FAA-2012-0530; Directorate Identifier 2011-SW-075-AD.</FP>
            <HD SOURCE="HD1">(a) Applicability</HD>
            <P>This AD applies to Model 412 and 412EP helicopters, serial numbers (S/N) 33001 through 33213, 34001 through 34036, and 36001 and higher; and Model 412CF helicopters, S/N 46400 and higher; with a collective lever part number (P/N) 412-010-408-101 installed, certificated in any category.</P>
            <HD SOURCE="HD1">(b) Unsafe Condition</HD>
            <P>This AD defines the unsafe condition as a cracked collective lever, which could result in failure of the collective lever and subsequent loss of control of the helicopter.</P>
            <HD SOURCE="HD1">(c) Effective Date</HD>
            <P>This AD becomes effective December 20, 2012.</P>
            <HD SOURCE="HD1">(d) Compliance</HD>
            <P>You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.</P>
            <HD SOURCE="HD1">(e) Required Actions</HD>
            <P>Within 25 hours time-in-service (TIS) or 30 days, whichever occurs first, and thereafter at intervals not to exceed 100 hours TIS:</P>
            <P>(1) Using cleaning compound (C-318) or equivalent, thoroughly clean the collective lever.</P>
            <P>(2) Using a 10X or higher power magnifying glass, inspect the collective lever in the areas shown in Figure 1 of Bell Helicopter Textron Alert Service Bulletin (ASB) 412-11-148, Revision A, dated December 12, 2011 or Bell Helicopter Textron ASB 412CF-11-47, Revision A, dated December 12, 2011, as appropriate for your model helicopter.</P>
            <P>(3) If there is a crack in the paint, remove the collective lever from the swashplate assembly.</P>
            <P>(i) Remove paint and primer from the area around the crack.</P>
            <P>(ii) Fluorescent penetrant inspect the area of the crack.</P>
            <P>(4) If there is a crack in the collective lever, before further flight, replace the collective lever with an airworthy collective lever.</P>
            <HD SOURCE="HD1">(f) Alternative Methods of Compliance (AMOCs)</HD>

            <P>(1) The Manager, Rotorcraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Martin Crane, Aerospace Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5170, email<E T="03">martin.r.crane@faa.gov.</E>
            </P>
            <P>(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.</P>
            <HD SOURCE="HD1">(g) Subject</HD>
            <P>Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor.</P>
            <HD SOURCE="HD1">(h) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(i) Bell Helicopter Textron Alert Service Bulletin No. 412-11-148, Revision A, dated December 12, 2011.</P>
            <P>(ii) Bell Helicopter Textron Alert Service Bulletin No. 412CF-11-47, Revision A, dated December 12, 2011.</P>

            <P>(3) For Bell Helicopter service information identified in this AD, contact Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, Texas 76101, telephone (817) 280-3391, fax (817) 280-6466, or at<E T="03">http://www.bellcustomer.com/files/.</E>
            </P>

            <P>(4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For<PRTPAGE P="68057"/>information on the availability of this material at the FAA, call (817) 222-5110.</P>

            <P>(5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Fort Worth, Texas, on October 26, 2012.</DATED>
          <NAME>Kim Smith,</NAME>
          <TITLE>Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27059 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0340; Directorate Identifier 2011-SW-073-AD; Amendment 39-17250; AD 2012-22-13]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are adopting a new airworthiness directive (AD) for certain Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters. This AD requires installing an improved throttle stop and a wider trigger on the engine control levers (ECL). This AD was prompted by a bird-strike to the windshield that resulted in unintended movement of the engine control levers from the forward position and towards the flight-idle position, which reduced power on both engines. These actions are intended to prevent unintended movement of the ECLs, resulting in main rotor speed decay and subsequent loss of control of the aircraft.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of December 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>For service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT, telephone (203) 383-4866, email address<E T="03">tsslibrary@sikorsky.com,</E>or at<E T="03">http://www.sikorsky.com.</E>You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>

          <P>Examining The AD Docket: You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kirk Gustafson, Aerospace Engineer, FAA, Boston Aircraft Certification Office, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7190; email<E T="03">kirk.gustafson@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On March 29, 2012, at 77 FR 18969, the<E T="04">Federal Register</E>published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to Sikorsky Model S-76C helicopters with serial numbers 760506 and 760607 through 760812. That NPRM proposed to require within 6 months after the effective date of the AD, installing an improved throttle stop and a wider trigger on each ECL as specified in Sikorsky Alert Service Bulletin (ASB) No. 76-76-6A, Revision A, dated May 18, 2011.</P>
        <P>The proposed requirements were intended to prevent unintended in-flight movement of the ECLs from the normal “FLY” position towards the “IDLE” position, which significantly reduces engine power, resulting in an unrecoverable loss of main rotor speed and subsequent loss of control of the helicopter.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>Two commenters, one anonymous and one from the National Transportation Safety Board, commented that they support the NPRM (77 FR 18969, March 29, 2012).</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of the same type design and that air safety and the public interest require adopting the AD requirements as proposed.</P>
        <HD SOURCE="HD1">Related Service Information</HD>
        <P>We reviewed ASB 76-76-6A, which describes procedures for partially disassembling the engine control quadrant assembly, removing the existing throttle stop, and installing a new airworthy throttle stop. The ASB also describes procedures to remove the existing trigger assembly from each ECL and install a new airworthy wide trigger assembly.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD will affect 52 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. To replace the engine control lever stop and trigger assemblies will require 2 work-hours at an average labor cost of $85 per hour. Required parts will cost about $939. Based upon these costs, we estimate a total cost of $1,109 per helicopter and a total cost of $57,668 for the entire U.S. operator fleet.</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>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify that this AD:</E>
        </P>

        <P>(1) Is not a “significant regulatory action” under Executive Order 12866;<PRTPAGE P="68058"/>
        </P>
        <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and</P>
        <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-13Sikorsky Aircraft Corporation:</E>Amendment 39-17250; Docket No. FAA-2012-0340; Directorate Identifier 2011-SW-073-AD.</FP>
            <HD SOURCE="HD1">(a) Applicability</HD>
            <P>This AD applies to Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters, serial numbers 760506 and 760607 through 760812, certificated in any category.</P>
            <HD SOURCE="HD1">(b) Unsafe Condition</HD>
            <P>This AD defines the unsafe condition as unintended movement of the engine control levers due to an external force to the windshield or canopy. This condition could result in significantly reduced engine power, unrecoverable loss of main rotor speed, and subsequent loss of control of the helicopter.</P>
            <HD SOURCE="HD1">(c) Effective Date</HD>
            <P>This AD becomes effective December 20, 2012.</P>
            <HD SOURCE="HD1">(d) Compliance</HD>
            <P>You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.</P>
            <HD SOURCE="HD1">(e) Required Action</HD>
            <P>Within 6 months, replace the throttle stop and trigger assembly on each engine control lever and perform a throttle position check as specified in the Accomplishment Instructions, Sections 3.A and 3.B, of Sikorsky Alert Service Bulletin No. 76-76-6A Revision A, dated May 18, 2011.</P>
            <HD SOURCE="HD1">(f) Alternative Methods of Compliance (AMOCs)</HD>

            <P>(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Kirk Gustafson, Aerospace Engineer, FAA, Boston Aircraft Certification Office, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7190; email<E T="03">kirk.gustafson@faa.gov.</E>
            </P>
            <P>(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.</P>
            <HD SOURCE="HD1">(g) Subject</HD>
            <P>Joint Aircraft Service Component (JASC) Code: 7600: Engine Controls.</P>
            <HD SOURCE="HD1">(h) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(i) Sikorsky Alert Service Bulletin No. 76-76-6A Revision A, dated May 18, 2011.</P>
            <P>(ii) Reserved.</P>

            <P>(3) For Sikorsky service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT, telephone (203) 383-4866, email address<E T="03">tsslibrary@sikorsky.com,</E>or at<E T="03">http://www.sikorsky.com.</E>
            </P>
            <P>(4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>

            <P>(5) You may also view this service information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        
        <SIG>
          <DATED>Issued in Fort Worth, Texas, on October 30, 2012.</DATED>
          <NAME>Kim Smith,</NAME>
          <TITLE>Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27049 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-1182; Directorate Identifier 2012-SW-062-AD;Amendment 39-17251; AD 2012-22-14]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are superseding an existing Emergency airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-70, S-70A, S-70C, S-70C(M), and S-70C(M1) helicopters with a certain part-numbered intermediate gearbox (IGB). The existing Emergency AD requires a one-time inspection of the internal oil passages of the IGB for an obstruction. That Emergency AD was prompted by an accident that resulted from blockage of oil in the IGB by a plug that was inadvertently left in the IGB during the coating of the IGB housing. We are issuing this supersedure to that Emergency AD to include two additional part numbers of affected IGBs and identify a specific date since new or overhaul of the affected IGBs. The actions specified by this AD are intended to detect a plug in the IGB and prevent overheating and seizing of the IGB, failure of the tail rotor drive output shaft, loss of tail rotor drive, and subsequent loss of control of the helicopter.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD becomes effective November 30, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of November 30, 2012.</P>
          <P>We must receive comments on this AD by January 14, 2013.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may send comments by any of the following methods:</P>
          <P>•<E T="03">Federal eRulemaking Docket:</E>Go to<E T="03">http://www.regulations.gov.</E>Follow the online instructions for sending your comments electronically.</P>
          <P>•<E T="03">Fax:</E>202-493-2251.</P>
          <P>•<E T="03">Mail:</E>Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.</P>
          <P>•<E T="03">Hand Delivery:</E>Deliver to the “Mail” address between 9 a.m. and 5<PRTPAGE P="68059"/>p.m., Monday through Friday, except Federal holidays.</P>

          <P>Examining the AD Docket: You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>

          <P>For service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) 562-4409; email<E T="03">tsslibrary@sikorsky.com;</E>or at<E T="03">http://www.sikorsky.com.</E>You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mike Davison, Flight Test Engineer, Boston Aircraft Certification Office, FAA, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7156; fax (781) 238-7170; email<E T="03">michael.davison@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Comments Invited</HD>
        <P>This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.</P>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On October 13, 2011, we issued Emergency AD 2011-22-51, which was made immediately effective to all known U.S. owners and operators of Sikorsky Model S-70, S-70A, S-70C, S 70C(M), and S-70C(M1) helicopters. That Emergency AD requires a one-time inspection for any obstruction of the internal oil passages of the IGB, part number (P/N) 70357-06300-044, with 100 or less hours time-in-service since new or overhaul. If there is an obstruction in an oil passage, the Emergency AD requires replacing the IGB with an airworthy IGB before further flight. That action was prompted by an accident involving a Model MH-60R helicopter in which the IGB output shaft failed and the tail rotor drive was lost after the IGB overheated and seized up. The output shaft failed because a protective plug, which was installed in an oil passage of the IGB to protect the oil passage during coating of the IGB housing as part of the manufacturing process, was inadvertently left in the IGB and blocked the internal oil passages of the IGB. The IGBs for Model MH-60R helicopters are manufactured and overhauled in the same facility as IGBs for Model S-70, S-70A, S-70C, S-70C(M), and S-70C(M1) helicopters.</P>
        <HD SOURCE="HD1">Actions Since Existing Emergency AD Was Issued</HD>
        <P>Since we issued Emergency AD 2011-22-51, we discovered we inadvertently omitted two P/Ns and a specific date since new or overhaul of the affected IGBs in the emergency AD. Emergency AD 2011-22-51 is applicable to Model S-70, S-70A, S-70C, S-70C(M), and S-70C(M1) helicopters with an IGB, P/N 70357-06300-044, with 100 or less hours time-in-service (TIS) since new or overhaul. In issuing this superseding AD, we are requiring the same actions, but revising the applicability to include IGB P/Ns 70357-06300-042 and 70357-06300-043, in addition to IGB P/N 70357-06300-044. We are also adding a specific date, so that the applicability only includes those IGBs that had 100 or less hours time-in-service since new or overhaul on October 11, 2011.</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We are issuing this AD because we reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop in other products of these same type designs.</P>
        <HD SOURCE="HD1">Related Service Information</HD>
        <P>We reviewed Sikorsky Aircraft Corporation Alert Service Bulletin No. 70-06-29A, dated October 11, 2011 (ASB). The ASB specifies:</P>
        <P>• A one-time borescope inspection of the lubrication passages from the oil scupper to the input and output housing.</P>
        <P>• Disassembling the IGB for inspection as an alternative to the borescope inspection.</P>
        <P>• Adding an “A” suffix to the serial number of any IGB that has been inspected.</P>
        <HD SOURCE="HD1">AD Requirements</HD>
        <P>This AD requires, before further flight, borescope inspecting the IGB for any obstruction in the oil passages. As an alternative to the borescope inspection, this AD allows disassembling the IGB and inspecting the oil passages for any obstruction. If there is any obstruction in any oil passage, replace the IGB with an airworthy IGB before further flight. These actions must be accomplished in accordance with specified portions of the ASB described previously.</P>
        <HD SOURCE="HD1">Differences Between This AD and the Service Information</HD>
        <P>This AD does not apply to the Model H-60 helicopter as it does not have a U.S. type certificate. This AD does not require returning any parts to Sikorsky nor does it require marking the IGB after inspection.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD will affect 9 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. It will take about 2 work-hours to perform a borescope inspection at an average labor rate of $85 per work-hour. Based on these figures, we estimate the cost of the inspection on U.S. operators to be $1,530 or $170 per helicopter. If any obstruction is found in any oil passage, we estimate that it will take about 3 work-hours to replace the IGB and required parts will cost about $21,283, for a total cost of $21,538 per helicopter.</P>
        <HD SOURCE="HD1">FAA's Justification and Determination of the Effective Date</HD>

        <P>An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the required corrective actions must be accomplished before further flight. Therefore, we find that notice and opportunity for prior public comment are impracticable and contrary<PRTPAGE P="68060"/>to the public interest and that good cause exists for making this amendment effective in less than 30 days.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.</P>
        <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>For the reasons discussed, I certify that this AD:</P>
        <P>1. Is not a “significant regulatory action” under Executive Order 12866;</P>
        <P>2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and</P>
        <P>4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-14Sikorsky Aircraft Corporation:</E>Amendment 39-17251; Docket No. FAA-2012-1182; Directorate Identifier 2012-SW-062-AD.</FP>
            <HD SOURCE="HD1">(a) Applicability</HD>
            <P>This AD applies to Sikorsky Aircraft Corporation (Sikorsky) Model S-70, S-70A, S-70C, S-70C(M), and S-70C(M1) helicopters with an intermediate gearbox (IGB), part number 70357-06300-042, 70357-06300-043, or 70357-06300-044, with 100 or less hours time-in-service since new or overhaul of the IGB on October 11, 2011, certificated in any category.</P>
            <HD SOURCE="HD1">(b) Unsafe Condition</HD>
            <P>This AD defines the unsafe condition as blockage of the internal oil passages of the IGB by a protective plug, that could result in overheating and seizing of the IGB, failure of the tail rotor drive output shaft, loss of tail rotor drive, and subsequent loss of control of the helicopter.</P>
            <HD SOURCE="HD1">(c) Other Affected ADs</HD>
            <P>This AD supersedes Emergency AD No. 2011-22-51, Directorate ID 2011-SW-056-AD, dated October 13, 2011.</P>
            <HD SOURCE="HD1">(d) Effective Date</HD>
            <P>This AD becomes effective November 30, 2012.</P>
            <HD SOURCE="HD1">(e) Compliance</HD>
            <P>You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.</P>
            <HD SOURCE="HD1">(f) Required Actions</HD>
            <P>Before further flight:</P>
            <P>(1) Borescope inspect the IGB for any obstruction in the oil passages. Borescope inspect in accordance with the following portions of Sikorsky Alert Service Bulletin No. 70-06-29A, dated October 11, 2011 (ASB), except this AD does not require returning any parts to “depot” or Sikorsky:</P>
            <P>(i) The Accomplishment Instructions, Section 3., paragraphs A.(1) through A.(3)(a);</P>
            <P>(ii) Equipment and Materials and Inspection sections of Appendix I; and</P>
            <P>(iii) Figures 1 through 10 of Appendix I.</P>
            <P>(2) As an alternative to the requirements of paragraph (f)(1) of this AD, disassemble the IGB and inspect the oil passages for any obstruction. Removing any obstruction from the IGB does not make it airworthy.</P>
          </EXTRACT>
          <EXTRACT>
            <P>(3) If there is any obstruction in any oil passage, replace the IGB with an airworthy IGB before further flight.</P>
            <HD SOURCE="HD1">(g) Special Flight Permits</HD>
            <P>Special flight permits are prohibited.</P>
            <HD SOURCE="HD1">(h) Alternative Methods of Compliance (AMOCs)</HD>

            <P>(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Mike Davison, Flight Test Engineer, Boston Aircraft Certification Office, FAA, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7156; fax (781) 238-7170; email<E T="03">michael.davison@faa.gov.</E>
            </P>
            <P>(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.</P>
            <HD SOURCE="HD1">(i) Subject</HD>
            <P>Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor Gearbox.</P>
            <HD SOURCE="HD1">(j) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(i) Sikorsky Aircraft Corporation Alert Service Bulletin No. 70-06-29A, dated October 11, 2011.</P>
            <P>(ii) Reserved.</P>

            <P>(3) For Sikorsky service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) 562-4409; email<E T="03">tsslibrary@sikorsky.com;</E>or at<E T="03">http://www.sikorsky.com.</E>
            </P>
            <P>(4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222-5110.</P>

            <P>(5) You may also view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        
        <SIG>
          <DATED>Issued in Fort Worth, Texas, on October 30, 2012.</DATED>
          <NAME>Kim Smith,</NAME>
          <TITLE>Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27050 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <PRTPAGE P="68061"/>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0216; Directorate Identifier 2010-SW-025-AD; Amendment 39-17245; AD 2012-22-09]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are adopting a new airworthiness directive (AD) for the Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD requires inspecting the tail rotor (T/R) pylon for a loose or missing fastener, a crack, damage, or corrosion and adding an internal doubler to the aft shear deck tunnel assembly. This AD was prompted by the discovery of cracks in T/R pylons. The actions are intended to detect a loose or missing fastener, a crack, damage, or corrosion on the T/R pylon and, if present, to repair the T/R pylon and install a doubler on the aft shear deck tunnel assembly or to replace the T/R pylon and install a doubler on the aft shear deck tunnel assembly. The actions are intended to prevent failure of the T/R pylon or other T/R components, which could lead to the loss of control of the helicopter.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of December 20, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>For service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) 562-4409; email<E T="03">tsslibrary@sikorsky.com;</E>or at<E T="03">http://www.sikorsky.com.</E>You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth Texas 76137.</P>

          <P>Examining the AD Docket: You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Nicholas Faust, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7763; email<E T="03">nicholas.faust@faa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Discussion</HD>
        <P>On May 14, 2012, at 77 FR 28328, the<E T="04">Federal Register</E>published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to Sikorsky Model S-92A helicopters with a T/R pylon, part number (P/N) 92000-06102-041. That NPRM proposed to require inspecting the T/R pylon for a loose or missing fastener, a crack, damage, or corrosion, and repairing or replacing the T/R pylon if any of these conditions exist. That NPRM also proposed adding an internal doubler to the aft shear deck tunnel assembly. That NPRM was prompted by the discovery of cracks in the forward lower spar region of the T/R pylons. The T/R pylon supports the T/R and the horizontal stabilizer, and a crack of the T/R pylon could alter vibration characteristics of the T/R pylon, which could adversely affect fatigue lives of T/R components. This condition, if not corrected, could result in failure of the T/R pylon or other T/R components and subsequent loss of control of the helicopter.</P>
        <HD SOURCE="HD1">Comments</HD>
        <P>We gave the public the opportunity to participate in developing this AD, but we received no comments on the NPRM (77 FR 28328, May 14, 2012).</P>
        <HD SOURCE="HD1">FAA's Determination</HD>
        <P>We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.</P>
        <HD SOURCE="HD1">Related Service Information</HD>
        <P>We have reviewed Sikorsky Alert Service Bulletin (ASB) No. 92-53-001, dated June 23, 2008 (ASB No. 92-53-001), and ASB No. 92-53-004B, Revision B, dated June 21, 2011 (ASB No. 92-53-004B). ASB No. 92-53-001 specifies for a T/R pylon with more than 500 flight-hours a one-time inspection of the T/R pylon “components and structure for obvious damage, cracks, corrosion, and security.” ASB No. 92-53-004B specifies a one-time replacement of the T/R pylon, P/N 92000-06102-041, with T/R pylon, P/N 92070-20058-042, and installation of a doubler on the aft shear deck tunnel assembly. The ASB specifies a replacement schedule based on the T/R pylon's hours for specified serial numbered helicopters.</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD will affect 20 helicopters of U.S. Registry and that labor rates average $85 a work-hour. We also estimate that it will take about 1 work-hour per helicopter to inspect and 120 work-hours per helicopter to replace the T/R pylon and install the doubler. Required parts will cost about $339,080. Based on these figures, we estimate the annual cost will total $356,505 per helicopter and $7,130,100 for the U.S. fleet, assuming 85 inspections per year on each helicopter and assuming replacement of the T/R pylon and installation of a doubler on each helicopter.</P>
        <P>According to the Sikorsky service information, some of the costs of this proposed AD may be covered under warranty, reducing the cost on affected individuals. We do not control warranty coverage. Accordingly, we have included all costs in our estimate.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
        <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
        <HD SOURCE="HD1">Regulatory Findings</HD>

        <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a<PRTPAGE P="68062"/>substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify that this AD:</E>
        </P>
        <P>(1) Is not a “significant regulatory action” under Executive Order 12866;</P>
        <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and</P>
        <P>(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-09Sikorsky Aircraft Corporation Helicopters:</E>Amendment 39-17245; Docket No. FAA-2012-0216; Directorate Identifier 2010-SW-025-AD.</FP>
            <HD SOURCE="HD1">(a) Applicability</HD>
            <P>This AD applies to Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters, with a tail rotor (T/R) pylon, part number (P/N) 92000-06102-041, certificated in any category.</P>
            <HD SOURCE="HD1">(b) Unsafe Condition</HD>
            <P>This AD defines the unsafe condition as a loose or missing fastener, a crack, damage, or corrosion on the T/R pylon that could result in failure of the T/R pylon or other T/R components, and subsequent loss of control of the helicopter.</P>
            <HD SOURCE="HD1">(c) Effective Date</HD>
            <P>This AD becomes effective December 20, 2012.</P>
            <HD SOURCE="HD1">(d) Compliance</HD>
            <P>You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.</P>
            <HD SOURCE="HD1">(e) Required Actions</HD>

            <P>(1) For helicopters with 500 or more hours time-in-service (TIS), within 25 hours TIS and thereafter at intervals not to exceed 10 hours TIS, inspect each T/R pylon for a crack, damage, corrosion, or a loose or missing fastener in accordance with the Accomplishment Instructions, paragraph 3.A.(4)(a) through paragraph 3.A.(4)(f), and referring to Figure 1 of Sikorsky Alert Service Bulletin (ASB) No. 92-53-001, dated June 23, 2008, except that you are not required to contact Sikorsky Customer Service Engineering per paragraph 3.A.(4)(c)<E T="03">1</E>of ASB 92-53-001, dated June 23, 2008.</P>
            <P>(2) If there is a crack, damage, corrosion, or a loose or missing fastener, before further flight, either:</P>
            <P>(i) If within allowable tolerances, repair each crack and each area of damage or corrosion and replace any loose or missing fastener; or</P>
            <P>(ii) Replace the T/R pylon, (P/N) 92000-06102-041, with T/R pylon, P/N 92070-20058-042, as follows:</P>
            <P>(A) Conduct the Total Indicated Run-out procedure on the No. 4 and No. 5 T/R drive shafts and remove the T/R pylon; and</P>
            <P>(B) Install the doubler, P/N 92070-20087-101, as follows:</P>
            <P>(<E T="03">1</E>) For helicopters, serial numbers (S/Ns) 920006 through 920082, on the aft shear deck tunnel assembly, P/N 92204-05103-041 or -045, in accordance with the Accomplishment Instructions, paragraph 3.B.(1) through 3.B.(30) and while referring to Figures 1, 2, and 4 of Sikorsky ASB No. 92-53-004B, Revision B, dated June 21, 2011 (92-53-004B).</P>
            <P>(<E T="03">2</E>) For helicopters, S/Ns 920083 through 920124, on the aft shear deck tunnel assembly, P/N 92204-05103-043, in accordance with the Accomplishment Instructions, paragraph 3.C.(1) through 3.C.(21) and referring to Figures 3 and 4 of ASB 92-53-004B.</P>
            <P>(3) If there is no crack in the T/R pylon, replace T/R pylon, P/N 92000-06102-041, with T/R pylon, P/N 92070-20058-042, and install doubler, P/N 92070-20087-101, on the aft shear deck tunnel assembly as specified in paragraphs (2)(ii)(A) through (2)(ii)(B) of this AD, according to the following:</P>
            <P>(i) For a T/R pylon with 3,750 or more hours TIS, replace and install doubler within 12 months.</P>
            <P>(ii) For a T/R pylon with 1,500 through 3,749 hours TIS, replace and install doubler within 24 months.</P>
            <P>(iii) For a T/R pylon with 1,499 or less hours TIS, replace and install doubler within 36 months.</P>
            <P>(4) Replacing T/R pylon, P/N 92000-06102-041, with T/R pylon, P/N 92070-20058-042, and installing internal tail cone doubler, P/N 92070-20087-101, on the aft shear deck tunnel assembly, constitutes terminating action for the requirements of this AD.</P>
            <HD SOURCE="HD1">(f) Alternative Methods of Compliance (AMOCs)</HD>

            <P>(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Nicholas Faust, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine &amp; Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238-7763; email<E T="03">nicholas.faust@faa.gov.</E>
            </P>
            <P>(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.</P>
            <HD SOURCE="HD1">(g) Subject</HD>
            <P>Joint Aircraft Service Component (JASC) Code: 5340, Fuselage Main, Attach Fittings.</P>
            <HD SOURCE="HD1">(h) Material Incorporated by Reference.</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(i) Sikorsky Alert Service Bulletin No. 92-53-001, dated June 23, 2008.</P>
            <P>(ii) Sikorsky Alert Service Bulletin No. 92-53-004B, Revision B, dated June 21, 2011</P>

            <P>(3) For Sikorsky Aircraft Corporation service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) 562-4409; email<E T="03">tsslibrary@sikorsky.com;</E>or at<E T="03">http://www.sikorsky.com.</E>
            </P>
            <P>(4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. For information on the availability of this material at the FAA, call (817) 222-5110.</P>

            <P>(5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Fort Worth, Texas, on October 25, 2012.</DATED>
          <NAME>Lance T. Gant,</NAME>
          <TITLE>Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-26907 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <PRTPAGE P="68063"/>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 39</CFR>
        <DEPDOC>[Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-AD; Amendment 39-17252; AD 2012-22-15]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Fokker Services B.V. Airplanes</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>We are superseding an existing airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. That AD currently requires revising the airworthiness limitations section (ALS) of the instructions for continued airworthiness for certain airplanes, and the FAA-approved maintenance program for certain other airplanes, to incorporate new limitations. This new AD requires revising the maintenance program to incorporate the limitations, tasks, thresholds, and intervals specified in certain revised Fokker maintenance review board (MRB) documents. This AD was prompted by a revised Fokker 70/100 MRB document with revised limitations, tasks, thresholds, and intervals. We are issuing this AD to reduce the potential of structural failures or of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD becomes effective December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 20, 2012.</P>
          <P>The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of August 31, 2004 (69 FR 44586, July 27, 2004).</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov</E>or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Discussion</HD>

        <P>We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That SNPRM was published in the<E T="04">Federal Register</E>on August 14, 2012 (77 FR 48473), and proposed to supersede AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004). That SNPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:</P>
        
        <EXTRACT>
          <P>Fokker Services published issue 3 of report SE-672 dated 3 January 2012 and issue 9 of report SE-473 dated 11 January 2012, both part of the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness, referred to in Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review Board (MRB) document. The complete ALS currently consists of:</P>
          
          <FP SOURCE="FP-1">—Certification Maintenance Requirements (CMRs)—report SE-473, issue 9</FP>
          <FP SOURCE="FP-1">—Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs)—report SE-623, issue 8</FP>
          <FP SOURCE="FP-1">—Fuel ALIs and Critical Design Configuration Control Limitations (CDCCLs)—report SE-672, issue 3</FP>
          
          <P>The instructions contained in those reports have been identified as mandatory actions for continued airworthiness.</P>
          <P>For the reasons described above, this [European Aviation Safety Agency (EASA)] AD retains the requirements of EASA AD 2011-0157, which is superseded, and requires the implementation of the inspections and limitations as specified in the ALS of the Instructions for Continued Airworthiness, referred to in Section 06, Appendix 1 of the Fokker 70/100 MRB document, reports SE-473, SE-623 and SE-672 at the above-mentioned issues.</P>
        </EXTRACT>
        
        <FP>We have determined that the actions identified in this AD are necessary to reduce the potential of structural failures or of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. You may obtain further information by examining the MCAI in the AD docket.</FP>
        <HD SOURCE="HD1">Comments</HD>
        <P>We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM (77 FR 48473, August 14, 2012) or on the determination of the cost to the public.</P>
        <HD SOURCE="HD1">Conclusion</HD>
        <P>We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed, except for minor editorial changes. We have determined that these minor changes:</P>
        <P>• Are consistent with the intent that was proposed in the SNPRM (77 FR 48473, August 14, 2012) for correcting the unsafe condition; and</P>
        <P>• Do not add any additional burden upon the public than was already proposed in the SNPRM (77 FR 48473, August 14, 2012).</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>Based on the service information, we estimate that this AD will affect about 13 products of U.S. registry.</P>
        <P>The actions that are required by AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), and retained in this AD take about 1 work-hour per product, at an average labor rate of $85 per work hour. The actions that are required by AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008), and retained in this AD take about 1 work-hour per product, at an average labor rate of $85 per work hour. Based on these figures, the estimated cost of the currently required actions is $170 per product.</P>
        <P>We estimate that it would take about 1 work-hour per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $1,105, or $85 per product.</P>
        <HD SOURCE="HD1">Authority for This Rulemaking</HD>
        <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.</P>

        <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.<PRTPAGE P="68064"/>
        </P>
        <HD SOURCE="HD1">Regulatory Findings</HD>
        <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
        <P>
          <E T="03">For the reasons discussed above, I certify that this AD:</E>
        </P>
        <P>1. Is not a “significant regulatory action” under Executive Order 12866;</P>
        <P>2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
        <P>3. Will not affect intrastate aviation in Alaska; and</P>
        <P>4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
        <P>We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.</P>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the SNPRM (77 FR 48473, August 14, 2012), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the<E T="02">ADDRESSES</E>section. Comments will be available in the AD docket shortly after receipt.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
          <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
        <REGTEXT PART="39" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40113, 44701.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="39" TITLE="14">
          <SECTION>
            <SECTNO>§ 39.13</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), and adding the following new AD:</AMDPAR>
          
          <EXTRACT>
            <FP SOURCE="FP-2">
              <E T="04">2012-22-15Fokker Services B.V.:</E>Amendment 39-17252. Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-AD.</FP>
            <HD SOURCE="HD1">(a) Effective Date</HD>
            <P>This airworthiness directive (AD) becomes effective December 20, 2012.</P>
            <HD SOURCE="HD1">(b) Affected ADs</HD>
            <P>This AD supersedes AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004). This AD also affects AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008).</P>
            <HD SOURCE="HD1">(c) Applicability</HD>
            <P>(1) This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes, certificated in any category, all serial numbers.</P>

            <P>(2) This AD requires revisions to certain operator maintenance documents to include new actions (<E T="03">e.g.,</E>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 (n) 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>Air Transport Association (ATA) of America Code 28, Fuel.</P>
            <HD SOURCE="HD1">(e) Reason</HD>
            <P>This AD was prompted by a revised Fokker 70/100 maintenance review board (MRB) document with revised limitations, tasks, thresholds, and intervals. We are issuing this AD to reduce the potential of structural failures or of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.</P>
            <HD SOURCE="HD1">(f) Compliance</HD>
            <P>You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.</P>
            <HD SOURCE="HD1">(g) Retained Airworthiness Limitations Revision</HD>
            <P>This paragraph restates the requirements of paragraph (c) of AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004). Within 6 months after August 31, 2004 (the effective date of AD 2004-15-08), revise the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness by incorporating Fokker Services B.V. Report SE-623, “Fokker 70/100 Airworthiness Limitations Items and Safe Life Items,” Issue 2, dated September 1, 2001; and Fokker Services B.V. Report SE-473, “Fokker 70/100 Certification Maintenance Requirements,” Issue 5, dated July 16, 2001; into Section 6 of the Fokker 70/100 MRB document. (These reports are already incorporated into Fokker 70/100 MRB document, Revision 10, dated October 1, 2001.) Once the actions required by this paragraph have been accomplished, the original issue of Fokker Services B.V. Report SE-623, “Fokker 70/100 Airworthiness Limitations Items and Safe Life Items,” dated June 1, 2000, may be removed from the ALS of the Instructions for Continued Airworthiness. Doing the actions specified in paragraph (i) of this AD terminates the requirements of paragraph (g) of this AD.</P>
            <HD SOURCE="HD1">(h) Retained Requirement for No Alternative Inspections or Intervals</HD>
            <P>This paragraph restates the requirements of paragraph (e) of AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004).</P>
            <P>(1) After the actions required by paragraph (g) of this AD have been accomplished, no alternative inspections or inspection intervals may be approved for the structural elements specified in the documents identified in paragraph (g) of this AD, except as required by paragraph (k) of this AD.</P>
            <P>(2) Notwithstanding any other maintenance or operational requirements, components that have been identified as airworthy or installed on the affected airplanes before the revision of the ALS for certain airplanes, and the maintenance program for certain other airplanes, as required by paragraph (i) of this AD, do not need to be reworked in accordance with the critical design configuration control limitations (CDCCLs). However, once the ALS for certain airplanes, and the maintenance program for certain other airplanes, has been revised, future maintenance actions on these components must be done in accordance with the CDCCLs.</P>
            <HD SOURCE="HD1">(i) New Maintenance Program Revision</HD>
          </EXTRACT>
          <EXTRACT>
            <P>Within 3 months after the effective date of this AD, revise the maintenance program to incorporate the airworthiness limitations specified in the Fokker MRB documents identified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. For all tasks and retirement lives identified in the Fokker MRB documents identified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, the initial compliance times start from the later of the times specified in paragraphs (i)(1) and (i)(2) of this AD, and the repetitive inspections must be accomplished thereafter at the applicable interval specified in the Fokker MRB documents identified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD.</P>
            <P>(1) Within 3 months after the effective date of this AD.</P>
            <P>(2) At the time specified in the documents identified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD.</P>
            <P>(3) Fokker Report SE-473, “Fokker 70/100 Certification Maintenance Requirements,” Issue 9, released January 11, 2012.</P>
            <P>(4) Fokker Report SE-623, “Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,” Issue 8, released March 17, 2011.</P>

            <P>(5) Fokker Report SE-672, “Fokker 70/100 Fuel Airworthiness Limitation Items (ALI)<PRTPAGE P="68065"/>and Critical Design Configuration Control Limitations (CDCCL),” Issue 3, released January 4, 2012.</P>
            <HD SOURCE="HD1">(j) New Corrective Actions</HD>
            <P>If any discrepancy (as defined in the documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD) is found during accomplishment of any task specified in the documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD: Within the applicable compliance time specified in the applicable documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, accomplish the corrective actions in accordance with the applicable documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. If no compliance time is identified in the applicable documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, accomplish the applicable corrective actions before further flight. If any discrepancy is found and there is no corrective action specified in the applicable documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD: Before further flight contact the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, or the European Aviation Safety Agency (EASA) (or its delegated agent), for approved corrective actions, and accomplish those actions before further flight.</P>
            <HD SOURCE="HD1">(k) No Alternative Actions, Intervals, and/or CDCCLs</HD>

            <P>After accomplishing the revision required by paragraph (i) of this AD, no alternative actions (<E T="03">e.g.,</E>inspections), intervals, or CDCCLs may be used unless the actions, intervals, or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (n)(1) of this AD.</P>
            <HD SOURCE="HD1">(l) Terminating Action</HD>
            <P>Accomplishing the actions specified in paragraph (i) of this AD terminates the requirements of paragraph (g) of this AD.</P>
            <HD SOURCE="HD1">(m) Method of Compliance With AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008)</HD>
            <P>Accomplishing the actions specified in paragraph (i) of this AD terminates the requirements of paragraphs (f)(1) through (f)(5) of AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008).</P>
            <HD SOURCE="HD1">(n) Other FAA AD Provisions</HD>
            <P>The following provisions also apply to this AD:</P>
            <P>
              <E T="03">(1) Alternative Methods of Compliance (AMOCs):</E>The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. Information may be emailed to:<E T="03">9-ANM-116-AMOC-REQUESTS@faa.gov.</E>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. The AMOC approval letter must specifically reference this AD.</P>
            <P>
              <E T="03">(2) Airworthy Product:</E>For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.</P>
            <HD SOURCE="HD1">(o) Material Incorporated by Reference</HD>
            <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
            <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
            <P>(3) The following service information was approved for IBR on December 20, 2012.</P>
            <P>(i) Fokker Report SE-473, “Fokker 70/100 Certification Maintenance Requirements,” Issue 9, released January 11, 2012.</P>
            <P>(ii) Fokker Report SE-623, “Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,” Issue 8, released March 17, 2011.</P>
            <P>(iii) Fokker Report SE-672, “Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and Critical Design Configuration Control Limitations (CDCCL),” Issue 3, released January 4, 2012.</P>
            <P>(4) The following service information was approved for IBR on August 31, 2004 (69 FR 44586, July 27, 2004).</P>
            <P>(i) Fokker Services B.V. Report SE-473, “Fokker 70/100 Certification Maintenance Requirements,” Issue 5, dated July 16, 2001.</P>
            <P>(ii) Fokker Services B.V. Report SE-623, “Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,” Issue 2, dated September 1, 2001.</P>

            <P>(5) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email<E T="03">technicalservices@fokker.com;</E>Internet<E T="03">http://www.myfokkerfleet.com.</E>
            </P>
            <P>(6) You may review copies of the 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>

            <P>(7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Renton, Washington, on October 30, 2012.</DATED>
          <NAME>Ali Bahrami,</NAME>
          <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27057 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Docket No. FAA-2012-0384; Airspace Docket No. 12-ANM-9]</DEPDOC>
        <SUBJECT>Amendment of Class D and Class E Airspace; Lewiston, ID</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action modifies the Class D and Class E airspace areas at Lewiston, ID, to accommodate aircraft using Area Navigation (RNAV) (GPS) standard instrument approach procedures at Lewiston-Nez Perce County Airport. Also, the geographic coordinates are updated for the airport and navigational aids. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective date, 0901 UTC, January10, 2013. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4537.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">History</HD>
        <P>On June 4, 2012, the FAA published in the<E T="04">Federal Register</E>a notice of proposed rulemaking (NPRM) to amend controlled airspace at Lewiston-Nez Perce County Airport, Lewiston, ID (77 FR 32921). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. The FAA received one comment from the National Business Aviation Association (NBAA).</P>

        <P>The NBAA recommended making the Class E airspace area extending upward from 1,200 feet above the surface larger by lowering some of the adjacent Class E airspace, which begins from between<PRTPAGE P="68066"/>10,000 Mean Sea Level (MSL) and 14,500 MSL, for aircraft safety. The FAA found merit in this comment and further amended the NPRM with a supplemental NPRM (SNPRM) published in the<E T="04">Federal Register</E>of August 21, 2012 (77 FR 50417). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.</P>
        <P>Class D and Class E airspace designations are published in paragraphs, 5000, 6002, 6004 and 6005, respectively, of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR Part 71.1. The Class D airspace and Class E airspace designations listed in this document will be published subsequently in that Order.</P>
        <HD SOURCE="HD1">The Rule</HD>
        <P>This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying the Class E airspace area extending upward from 700 and 1,200 feet above the surface at Lewiston-Nez Perce County Airport, Lewiston, ID, to accommodate aircraft using RNAV (GPS) standard instrument approach procedures at the airport. This action also updates the geographic coordinates of the airport, the Nez Perce VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), and the Lewiston-Nez Perce Instrument Landing System (ILS) Localizer navigation aids to coincide with the FAA's aeronautical database. This action is necessary for the safety and management of IFR operations.</P>
        <P>The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Lewiston-Nez Perce County Airport, Lewiston, ID.</P>
        <HD SOURCE="HD1">Environmental Review</HD>
        <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
          <P>Airspace, Incorporation by reference, Navigation (air).</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>In consideration of the foregoing, the Federal Aviation Administration amends14 CFR Part 71 as follows:</P>
        <REGTEXT PART="71" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 14 CFR part 71 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="71" TITLE="14">
          <SECTION>
            <SECTNO>§ 71.1</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012 is amended as follows:</AMDPAR>
          
          <EXTRACT>
            <HD SOURCE="HD2">Paragraph 5000Class D airspace.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM ID DLewiston, ID [Modified]</HD>
            <FP SOURCE="FP-2">Lewiston-Nez Perce County Airport, ID</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′28″ N., long. 117°00′55″ W.)</FP>
            
            <P>That airspace extending upward from the surface to and including 3,900 feet MSL within a 4.1-mile radius of the Lewiston-Nez Perce County Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.</P>
            <HD SOURCE="HD2">Paragraph 6002Class E airspace designated as surface areas.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM ID E2Lewiston, ID [Modified]</HD>
            <FP SOURCE="FP-2">Lewiston-Nez Perce County Airport, ID</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′28″ N.,  long. 117°00′55″ W.)</FP>
            
            <P>Within a 4.1-mile radius of the Lewiston-Nez Perce County Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.</P>
            <HD SOURCE="HD2">Paragraph 6004Class E airspace designated as an extension to a Class D surface area.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM ID E4Lewiston, ID [Modified]</HD>
            <FP SOURCE="FP-2">Lewiston-Nez Perce County Airport, ID</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′28″ N., long. 117°00′55″ W.)</FP>
            <FP SOURCE="FP-2">Nez Perce VOR/DME</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′54″ N., long. 116°52′10″ W.)</FP>
            <FP SOURCE="FP-2">Lewiston-Nez Perce ILS Localizer</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′27″ N., long. 117°01′54″ W.)</FP>
            
            <P>That airspace extending upward from the surface within 2.7 miles each side of the Lewiston-Nez Perce ILS localizer course extending from the 4.1-mile radius of the airport to 14 miles east of the airport and within 3.5 miles each side of the Nez Perce VOR/DME 266° radial extending from the 4.1-mile radius of the airport to 13.1 miles west of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.</P>
            <HD SOURCE="HD2">Paragraph 6005Class E airspace areas extending upward from 700 feet or more above the surface of the earth.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM ID E5Lewiston, ID [Modified]</HD>
            <FP SOURCE="FP-2">Lewiston-Nez Perce County Airport, ID</FP>
            <FP SOURCE="FP1-2">(Lat. 46°22′28″ N., long. 117°00′55″ W.)</FP>
            
            <P>That airspace extending upward from 700 feet above the surface bounded by a line beginning at lat. 46°33′00″ N., long. 117°38′00″ W.; to lat. 46°31′30″  N., long 117°14′00″ W.; to lat. 46°40′00″ N., long. 116°48′00″ W.; to lat. 46°26′00″ N., long. 116°26′00″ W.; to lat. 46°13′00″ N., long. 116°30′00″ W.; to lat. 46°14′00″ N., long. 116°35′00″ W.; to lat. 46°06′00″ N., long. 116°47′00″ W.; to lat. 46°17′00″ N., long. 116°49′00″ W.; to lat. 46°18′00″ N., long 117°00′00″ W.; to lat. 46°17′30″ N., long. 117°22′00″ W.; to lat. 46°10′30″ N., long. 117°26′30″ W.; to lat. 46°12′00″ N., long. 117°36′00″ W.; thence to the point of origin; that airspace extending upward from 1,200 feet above the surface within a 62-mile radius of the Lewiston-Nez Perce County Airport, and within 24 miles each side of the 056° bearing of the airport, extending from the 62-mile radius to 92 miles northeast of the airport.</P>
          </EXTRACT>
          
        </REGTEXT>
        <SIG>
          <PRTPAGE P="68067"/>
          <DATED>Issued in Seattle, Washington, on October 23, 2012.</DATED>
          <NAME>Vered Lovett,</NAME>
          <TITLE>Acting Manager, Operations Support Group, Western Service Center.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27659 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Docket No. FAA-2012-0705; Airspace Docket No. 12-AWP-4]</DEPDOC>
        <SUBJECT>Establishment of Class E Airspace; Coaldale, NV</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action establishes Class E airspace at Coaldale VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC), Coaldale, NV to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). This action enhances the safety and management of IFR operations within the National Airspace System.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective date, 0901 UTC, January 10, 2013. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4537.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">History</HD>
        <P>On July 24, 2012, the FAA published in the<E T="04">Federal Register</E>a notice of proposed rulemaking (NPRM) to establish controlled airspace at Coaldale, NV (77 FR 43181). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. The FAA received one comment from the National Business Aviation Association (NBAA).</P>
        <P>The NBAA felt the reasons put forth in the NPRM for lowering the Class E airspace down to 1,200 feet above the surface was vague and did not name the terminal areas specifically that would benefit from lowering the Class E airspace. The commenter also recommended that the FAA lower the Class E airspace in a much larger area pushing the airspace north to the boundaries of Oakland ARTCC and Seattle ARTCC airspace, and east to the boundaries of Oakland ARTCC and Salt Lake City ARTCC airspace.</P>
        <P>The FAA is creating this airspace at the request of the Oakland ARTCC to aid with the navigation of aircraft within the ARTCC's airspace area by assisting aircraft arriving and departing numerous terminal areas. The FAA feels that making the area larger is not needed at this time and is outside the scope of this rulemaking. Further widening of the airspace would not serve the immediate purpose of establishing the Class E-6 en route airspace area to assist Oakland ARTCC.</P>
        <P>Class E airspace designations are published in paragraph 6006, of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.</P>
        <HD SOURCE="HD1">The Rule</HD>
        <P>This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 1,200 feet above the surface, in the vicinity of the Coaldale VORTAC navigation aid, Coaldale, NV, to accommodate IFR aircraft under control of the Oakland ARTCC by vectoring aircraft from en route airspace to terminal areas. This action is necessary for the safety and management of IFR operations.</P>
        <P>The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at the Coaldale VORTAC, Coaldale, NV.</P>
        <HD SOURCE="HD1">Environmental Review</HD>
        <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
          <P>Airspace, Incorporation by reference, Navigation (air).</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:</P>
        <REGTEXT PART="71" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 14 CFR Part 71 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
          </AUTH>
          
        </REGTEXT>
        <REGTEXT PART="71" TITLE="14">
          <SECTION>
            <SECTNO>§ 71.1</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
          <AMDPAR>2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012 is amended as follows:</AMDPAR>
          <EXTRACT>
            <HD SOURCE="HD2">Paragraph 6006En Route Domestic Airspace Areas.</HD>
            <STARS/>
            <HD SOURCE="HD1">AWP NV E6Coaldale, NV [New]</HD>
            <FP SOURCE="FP-2">Coaldale VORTAC</FP>
            <FP SOURCE="FP1-2">(Lat. 38°00′12″ N., long. 117°46′14″ W.)</FP>
            

            <P>That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 38°55′20″ N., long. 119°22′42″ W.; to lat. 38°57′46″ N., long. 119°14′44″ W.; to lat. 38°41′13″ N., long. 118°53′31″ W.; to lat. 38°44′27″ N., long.<PRTPAGE P="68068"/>118°48′52″ W.; to lat. 38°37′03″ N., long. 118°40′45″ W.; to lat. 38°23′17″ N., long. 118°20′35″ W.; to lat. 38°16′55″ N., long. 118°13′39″ W.; to lat. 38°02′23″ N., long. 117°56′00″ W.; to lat. 37°45′08″ N., long. 117°41′19″ W.; to lat. 37°45′58″ N., long. 117°39′55″ W.; to lat. 37°29′37″ N., long. 117°25′57″ W.; to lat. 37°15′12″ N., long. 117°13′46″ W.; to lat. 37°12′00″ N., long. 117°20′00″ W.; to lat. 37°12′02″ N., long. 117°38′40″ W.; to lat. 37°19′09″ N., long. 117°58′15″ W.; to lat. 37°28′23″ N., long. 117°54′28″ W.; to lat. 37°55′00″ N., long. 118°10′30″ W.; to lat. 38°04′06″ N., long. 119°15′00″ W.; thence to the point of origin.</P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Seattle, Washington, on October 23, 2012.</DATED>
          <NAME>Vered Lovett,</NAME>
          <TITLE>Acting Manager, Operations Support Group, Western Service Center.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27666 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Aviation Administration</SUBAGY>
        <CFR>14 CFR Part 71</CFR>
        <DEPDOC>[Docket No. FAA-2012-0648; Airspace Docket No. 12-ANM-19]</DEPDOC>
        <SUBJECT>Modification of Class E Airspace; Pullman, WA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Aviation Administration (FAA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action modifies Class E airspace at Pullman/Moscow Regional Airport, Pullman, WA. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Pullman/Moscow Regional Airport. This action also makes a minor change to the legal description in reference to Class E airspace extending upward from 700 feet above the surface. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective date, 0901 UTC, January 10, 2013. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4537.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">History</HD>
        <P>On August 21, 2012, the FAA published in the<E T="04">Federal Register</E>a notice of proposed rulemaking (NPRM) to modify controlled airspace at Pullman, WA (77 FR 50419). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.</P>
        <P>The FAA's Aeronautical Products Office requested the legal description for the Class E airspace extending upward from 700 feet above the surface be rewritten for clarity. With the exception of editorial changes and the changes described above, this rule is the same as that proposed in the NPRM.</P>
        <P>Class E airspace designations are published in paragraphs 6002 and 6005, respectively, of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.</P>
        <HD SOURCE="HD1">The Rule</HD>
        <P>This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying Class E surface airspace, and Class E airspace extending upward from 700 feet above the surface, at Pullman/Moscow Regional Airport, to accommodate IFR aircraft executing RNAV (GPS) standard instrument approach procedures at the airport. This action is necessary for the safety and management of IFR operations.</P>
        <P>The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Pullman/Moscow Regional Airport, Pullman, WA.</P>
        <HD SOURCE="HD1">Environmental Review</HD>
        <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
          <P>Airspace, Incorporation by reference, Navigation (air).</P>
        </LSTSUB>
        <HD SOURCE="HD1">Adoption of the Amendment</HD>
        <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:</P>
        <REGTEXT PART="71" TITLE="14">
          <PART>
            <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
          </PART>
          <AMDPAR>1. The authority citation for 14 CFR Part 71 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 71.1</SECTNO>
            <SUBJECT>[Amended]</SUBJECT>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="71" TITLE="14">
          <AMDPAR>2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012 is amended as follows:</AMDPAR>
          
          <EXTRACT>
            <HD SOURCE="HD2">Paragraph 6002Class E airspace designated as surface areas.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM WA E2Pullman, WA [Modified]</HD>
            <FP SOURCE="FP-2">Pullman/Moscow Regional Airport, WA</FP>
            <FP SOURCE="FP1-2">(Lat. 46°44′38″ N., long. 117°06′35″ W.)</FP>
            

            <P>Within a 4-mile radius of Pullman/Moscow Regional Airport, and within 1.7 miles each side of the Pullman/Moscow Regional Airport 046° bearing extending from the 4-mile radius to 8 miles northeast of the airport, and within 1.7 miles each side of the Pullman/Moscow Regional Airport 227°<PRTPAGE P="68069"/>bearing extending from the 4-mile radius to 6 miles southwest of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.</P>
            <HD SOURCE="HD2">Paragraph 6005Class E airspace areas extending upward from 700 feet or more above the surface of the earth.</HD>
            <STARS/>
            <HD SOURCE="HD1">ANM WA E5Pullman, WA [Modified]</HD>
            <FP SOURCE="FP-2">Pullman/Moscow Regional Airport, WA</FP>
            <FP SOURCE="FP1-2">(Lat. 46°44′38″ N., long. 117°06′35″ W.)</FP>
            
            <P>That airspace extending upward from 700 feet above the surface within a 10-mile radius of the Pullman/Moscow Regional Airport, and within 1.7 miles each side of the Pullman/Moscow Regional Airport 229° bearing extending from the 10-mile radius to 13 miles southwest of the airport, and that airspace bounded by a line beginning at the intersection of the 10-mile radius of the airport and the Pullman/Moscow Regional Airport 307° bearing to the intersection of the of the 23-mile radius of the airport and the Pullman/Moscow Regional Airport 328° bearing extending clockwise within a 23-mile radius of the Pullman/Moscow Regional Airport; thence to the intersection of the 23-mile radius of the airport and the Pullman/Moscow Regional Airport 064° bearing of the airport to the intersection of the 10-mile radius of the airport and the Pullman/Moscow Regional Airport 066° bearing of the airport; thence clockwise along the 10-mile radius to the point of origin. That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 46°46′00″ N., long. 117°51′00″ W.; to lat. 47°06′00″ N., long. 117°29′00″ W.; to lat. 47°10′00″ N., long. 117°13′00″ W.; to lat. 47°07′00″ N., long. 116°50′00″ W.; to lat. 46°57′00″ N., long. 116°28′00″ W.; to lat. 46°38′00″ N., long. 116°41′00″ W.; to lat. 46°31′00″ N., long. 116°23′00″ W., to lat. 46°12′00″ N., long. 116°25′00″ W.; to lat. 46°19′00″ N., long. 116°57′00″ W.; to lat. 46°24′00″ N., long. 117°30′00″ W.; thence to the point of origin.</P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Seattle, Washington, on October 23, 2012.</DATED>
          <NAME>Vered Lovett,</NAME>
          <TITLE>Manager, Operations Support Group,</TITLE>
          <P>Western Service Center.</P>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27668 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
        <CFR>39 CFR Part 20</CFR>
        <SUBJECT>Outbound International Mailings of Lithium Batteries</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Postal Service<E T="51">TM</E>.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Postal Service is revising the<E T="03">Mailing Standards of the United States Postal Service,</E>International Mail Manual (IMM®) to new standards when mailing primary and secondary lithium cells or lithium batteries internationally, or to and from an APO, FPO, or DPO destinations.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective date:</E>November 15, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rick Klutts at 813-877-0372.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>In the final rule published on May 14, 2012, (77 FR 28259-28261), the Postal Service implemented new international standards effective May 16, 2012, that prohibited the mailing of lithium batteries and cells internationally and when sent to and from any Army Post Office<E T="51">TM</E>(APO), Fleet Post Office (FPO), or Diplomatic Post Office (DPO) location. The Postal Service took this action to bring its international mailing standards into compliance with international standards for the acceptance of dangerous goods in international mail. We also stated in that notice that we anticipated on January 1, 2013, customers would be able to mail specific quantities of lithium batteries internationally (including to and from an APO, FPO, or DPO location) when the batteries are properly installed in the personal electronic devices they are intended to operate. Through recent discussions with the Federal Aviation Administration (FAA), the International Civil Aviation Organization (ICAO) and the Universal Postal Union (UPU), we are pleased to announce that we will be able to implement the following changes effective November 15, 2012. In addition, we will also make parallel changes to other USPS publications that make reference to the international mailing of lithium batteries such as<E T="03">Mailing Standards of the United States Postal Service,</E>Domestic Mail Manual (DMM) and Publication 52,<E T="03">Hazardous, Restricted, and Perishable Mail.</E>
        </P>
        <P>The Postal Service hereby adopts the following changes to<E T="03">Mailing Standards of the United States Postal Service,</E>International Mail Manual (IMM), which is incorporated by reference in the<E T="03">Code of Federal Regulations.</E>See 39 CFR 20.1.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 39 CFR Part 20</HD>
          <P>Foreign relations, International postal services.</P>
        </LSTSUB>
        
        <P>Accordingly, 39 CFR part 20 is revised to read as follows:</P>
        <REGTEXT PART="20" TITLE="39">
          <PART>
            <HD SOURCE="HED">PART 20—[AMENDED]</HD>
          </PART>
          <AMDPAR>1. The authority citation for 39 CFR part 20 continues to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737; 39 U.S.C. 101, 401, 403, 404, 407, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.</P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="20" TITLE="39">
          <AMDPAR>2. Revise the following sections of Mailing Standards of the United States Postal Service, International Mail Manual (IMM), as follows:</AMDPAR>
          <HD SOURCE="HD1">Mailing Standards of the United States Postal Service, International Mail Manual (IMM)</HD>
          <HD SOURCE="HD1">1International Mail Services</HD>
          <STARS/>
          <HD SOURCE="HD1">130Mailability</HD>
          <STARS/>
          <HD SOURCE="HD1">135Mailable Dangerous Goods</HD>
          <STARS/>
          <P>
            <E T="03">[Insert new 135.6 to read as follows:]</E>
          </P>
          <HD SOURCE="HD1">135.6Batteries</HD>
          <HD SOURCE="HD1">135.61General</HD>

          <P>Only lithium cells and batteries under 135.62 and 135.63 that are properly installed<E T="03">in</E>the equipment they are intended to operate may be sent internationally or to APO, FPO, or DPO locations when not restricted or prohibited by the destination country or APO, FPO, or DPO location. For specific country restrictions, see the applicable Individual Country Listing. For specific APO, FPO, or DPO restrictions, see the information for the destination ZIP Code in the article titled “Overseas Military/Diplomatic Mail” published in each issue of the<E T="03">Postal Bulletin.</E>
          </P>
          <P>Lithium batteries packed<E T="03">with</E>equipment and lithium batteries sent<E T="03">separate</E>from equipment are prohibited. Damaged or recalled batteries are prohibited and may not be mailed internationally under any circumstances.</P>
          <HD SOURCE="HD1">135.62Primary Lithium (Non-Rechargeable) Cells and Batteries</HD>
          <P>Small consumer-type primary lithium cells and batteries (lithium metal or lithium alloy) like those used to power cameras and flashlights are mailable in a single shipment with the following restrictions:</P>
          <P>a. The batteries must be installed<E T="03">in</E>the equipment being shipped.</P>
          <P>b. Each shipment may contain a maximum of only four lithium cells or two lithium batteries.</P>
          <P>c. The lithium content must not exceed 1 gram (g) per cell.</P>
          <P>d. The total aggregate lithium content must not exceed 2 g per battery.</P>

          <P>e. The batteries installed in the equipment must be protected from damage and short circuit.<PRTPAGE P="68070"/>
          </P>
          <P>f. The equipment must be equipped with an effective means of preventing it from being turned on or activated.</P>
          <P>g. The equipment must be contained in a strong sealed package and cushioned to prevent movement or damage.</P>
          <HD SOURCE="HD1">135.63Secondary Lithium-ion (Rechargeable) Cells and Batteries</HD>
          <P>Small consumer-type lithium-ion cells and batteries like those used to power cell phones and laptop computers are mailable in a single shipment with the following restrictions:</P>
          <P>a. The batteries must be installed<E T="03">in</E>the equipment being shipped.</P>
          <P>b. Each shipment may contain a maximum of only four lithium-ion cells or two lithium-ion batteries.</P>
          <P>c. The lithium content must not exceed 20 Watt-hour rating (Wh) per cell.</P>
          <P>d. The total aggregate lithium content must not exceed 100 Wh per battery.</P>
          <P>e. Each battery must bear the Wh marking on the battery to determine if it is within the limits defined in 123.63c and 123.63d.</P>
          <P>f. The batteries installed in the equipment must be protected from damage and short circuit.</P>
          <P>g. The equipment must be equipped with an effective means of preventing it from being turned on or activated.</P>
          <P>h. The equipment must be contained in a strong sealed package and cushioned to prevent movement or damage.</P>
          <HD SOURCE="HD1">136Nonmailable Goods</HD>
          <HD SOURCE="HD1">136.1Dangerous Goods</HD>
          <P>* * * Some examples of dangerous goods include the following:</P>
          <STARS/>
          <P>
            <E T="03">[Delete item “i” in its entirety.]</E>
          </P>
          <STARS/>
          <P>We will publish an amendment to 39 CFR part 20 to reflect these changes.</P>
        </REGTEXT>
        <SIG>
          <NAME>Stanley F. Mires,</NAME>
          <TITLE>Attorney, Legal Policy &amp; Legislative Advice.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27842 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 7710-12-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Parts 85, 86, and 600</CFR>
        <AGENCY TYPE="O">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>National Highway Traffic Safety Administration</SUBAGY>
        <CFR>49 CFR Parts 523, 531, 533, 536, and 537</CFR>
        <DEPDOC>[EPA-HQ-OAR-2010-0799; FRL-9706-5; NHTSA-2010-0131]</DEPDOC>
        <RIN>RIN 2060-AQ54; RIN 2127-AK79</RIN>
        <SUBJECT>2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards</SUBJECT>
        <HD SOURCE="HD2">Correction</HD>
        <P>In rule document 2012-21972 appearing on pages 62623-63200 in the issue of Monday, October 15, 2012, make the following correction:</P>
        <REGTEXT PART="533" TITLE="49">
          <SECTION>
            <SECTNO>§ 533.5</SECTNO>
            <SUBJECT>Requirements [Corrected]</SUBJECT>
          </SECTION>
          <AMDPAR>1. On page 63195, Figure 4, an equation, is corrected to appear as set forth below:</AMDPAR>
          <GPH DEEP="66" SPAN="3">
            <GID>ER15NO12.102</GID>
          </GPH>
        </REGTEXT>
        
      </PREAMB>
      <FRDOC>[FR Doc. C1-2012-21972 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
        <CFR>47 CFR Part 90</CFR>
        <DEPDOC>[PS Docket 12-94; PS Docket No. 06-229; WT Docket 06-150; DA 12-1462]</DEPDOC>
        <SUBJECT>Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Communications Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; announcement of effective date.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>On October 15, 2012, the Public Safety and Homeland Security Bureau (Bureau) of the Commission published a document announcing that a<E T="03">Report and Order</E>implementing public safety broadband provisions of the Middle Class Tax Relief and Job Creation Act of 2012, adopted as DA 12-1462, would become effective November 14, 2012, except for the removal of certain sections. The Bureau explained that it would publish a separate document in the<E T="04">Federal Register</E>announcing the subsequent effective date of the removal of these two rule provisions. In this document we announce the effective date of the removal of these two rule provisions.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The amendments removing 47 CFR 90.18 and 90.528, published October 15, 2012, at 77 FR 62461, are effective November 15, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Gene Fullano, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Room 7-C747, Washington, DC 20554. Telephone: (202)-418-0492, email:<E T="03">genaro.fullano@fcc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On October 15, 2012, the Public Safety and Homeland Security Bureau (Bureau) of the Commission published a document announcing that the<E T="03">Report and Order</E>adopted in PS Dockets 06-229 and 12-94 and WT Docket 06-150 on September 7, 2012, DA 12-1462, would become effective November 14, 2012, except for the removal of §§ 90.18 and 90.528.</P>
        <P>In this document we announce the effective date of the removal of these two rule provisions, November 15, 2012. This date will be the date of issuance of a license to the First Responder Network Authority (FirstNet) pursuant to Section 6201(a) of the Middle Class Tax Relief and Job Creation Act of 2012.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 47 CFR Part 90</HD>
          <P>Administrative practice and procedure, Business and industry, Civil defense, Common carriers, Communications equipment, Emergency medical services, Incorporation by reference, Individuals with disabilities, Radio, Reporting and recordkeeping requirements.</P>
        </LSTSUB>
        <SIG>
          <PRTPAGE P="68071"/>
          <FP>Federal Communications Commission.</FP>
          <NAME>Timothy A. Peterson,</NAME>
          <TITLE>Chief of Staff, Public Safety and Homeland Security Bureau.</TITLE>
        </SIG>
        
        <P>For the reasons discussed in the preamble, the amendments removing 47 CFR 90.18 and 90.528, published October 15, 2012, at 77 FR 62461 are effective November 15, 2012.</P>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27912 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6712-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <CFR>50 CFR Part 622</CFR>
        <DEPDOC>[Docket Nos. 120709225-2365-01 and 0907271173-0629-03]</DEPDOC>
        <RIN>RIN 0648-XC332</RIN>
        <SUBJECT>Snapper-Grouper Fishery of the South Atlantic; Reopening of the 2012 Commercial Sector for South Atlantic Red Snapper, Gag, and South Atlantic Shallow-Water Grouper</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary rule; reopening.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NMFS reopens the 2012 commercial sector for red snapper, gag, and all other South Atlantic Shallow-Water Grouper (SASWG) in the South Atlantic exclusive economic zone (EEZ). NMFS previously determined the commercial annual catch limit (ACL) for red snapper would be reached by September 24, 2012, and closed the commercial sector for red snapper in the South Atlantic at 12:01 a.m., local time, on September 24, 2012. Additionally, NMFS previously determined the commercial ACL for gag would be reached by October 20, 2012, and closed the commercial sector for gag and all other SASWG in the South Atlantic at 12:01 a.m., local time, on October 20, 2012. However, updated landings estimates indicate neither the commercial red snapper nor the commercial gag ACL has been reached at this time. Therefore, NMFS is reopening the commercial sector for red snapper, gag, and all other SASWG in the South Atlantic. The commercial sector for all of these species will reopen at 12:01 a.m., on November 13, 2012, and close at 12:01 a.m. on November 21, 2012. The intended effect of this temporary rule is to maximize harvest benefits for commercial red snapper, gag, and all other SASWG fishermen. Additionally, this reopening for red snapper provides an opportunity to collect fishery-dependent data that could be useful for the 2014 red snapper stock assessment.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This temporary rule is effective 12:01 a.m., local time, November 13, 2012, until 12:01 a.m., local time, November 21, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Catherine Hayslip, telephone: 727-824-5305, or email:<E T="03">catherine.hayslip@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>NMFS and the South Atlantic Fishery Management Council (Council) manage South Atlantic snapper-grouper including red snapper, gag, and all other SASWG under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). In the South Atlantic, SASWG means gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney. The Council prepared the FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).</P>
        <HD SOURCE="HD1">Background</HD>
        <HD SOURCE="HD2">Red Snapper</HD>
        <P>Red snapper are overfished and undergoing overfishing. The harvest and possession of red snapper has been prohibited since January 4, 2010, initially through temporary rules (74 FR 63673, December 4, 2009, and 75 FR 27658, May 18, 2010), and then through the final rule to implement Amendment 17A to the FMP (75 FR 76874, December 9, 2010). Amendment 17A continued the prohibition on a permanent basis by implementing an ACL for red snapper of zero (landings only). Amendment 17A also implemented a rebuilding plan for red snapper, which specifies that red snapper biomass must increase to the target rebuilt level in 35 years, starting from 2010. At its June 2012 meeting, the Council received new information regarding discard estimates for red snapper. Using these data, the Council and NMFS determined that a limited season for red snapper would be possible in 2012. Therefore, the Council voted for, and NMFS implemented, emergency rulemaking to allow for the limited harvest and possession of red snapper in or from the South Atlantic EEZ in 2012 (77 FR 51939, August 28, 2012).</P>
        <P>Through the emergency rule, NMFS implemented an ACL of 20,818 lb (9,443 kg), gutted weight, for the commercial sector. A commercial trip limit of 50-lb (22.7-kg), gutted weight, no size limit, and a 7-day commercial fishing season were implemented to constrain harvest to the ACL. The commercial fishing season opened at 12:01 a.m., local time, September 17, 2012, and closed at 12:01 a.m., local time, September 24, 2012. The Southeast Fisheries Science Center (SEFSC) monitored commercial landings during the 7-day season to determine whether the commercial ACL had been harvested. The AMs specified in 50 CFR 622.49(b)(25)(i) state that if the SEFSC determines the ACL has not been harvested during the 7-day season, the Regional Administrator may reopen the commercial sector for an additional limited time. The SEFSC has determined that the ACL was not harvested during the first 7-day season, therefore, NMFS is reopening the commercial sector for red snapper beginning at 12:01 a.m., on November 13, 2012, and closing at 12:01 a.m., on November 21, 2012. During the reopening, harvest will again be limited to the 50-lb (22.7-kg), gutted weight, daily trip limit and there will be no size limit.</P>

        <P>After the commercial sector closes, an operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having red snapper onboard must have landed and bartered, traded or sold such red snapper prior to 12:01 a.m., local time, November 21, 2012. During the closure, all sale or purchase of red snapper is prohibited and, because the recreational sector is also closed, the bag and possession limit of red snapper is zero. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested,<E T="03">i.e.,</E>in state or Federal waters. The prohibition on sale or purchase does not apply to the sale or purchase of red snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, November 21, 2012, and were held in cold storage by a dealer or processor.</P>
        <HD SOURCE="HD2">Gag and SASWG</HD>
        <P>The commercial ACL (commercial quota) for gag in the South Atlantic is 352,940 lb (160,091 kg), gutted weight, for the current fishing year, as specified in 50 CFR 622.42(e)(7).</P>

        <P>In accordance with regulations at 50 CFR 622.49(b)(3)(i), NMFS is required to close the commercial sector for gag and all other SASWG when the commercial ACL (commercial quota) for gag has<PRTPAGE P="68072"/>been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS determined that the commercial ACL (commercial quota) for South Atlantic gag was reached and published a temporary rule on October 15, 2012 (77 FR 62463) to close gag and all other SASWG on October 20, 2012. Accordingly, the commercial sector for South Atlantic gag and all other SASWG closed effective 12:01 a.m., local time, October 20, 2012, until the new fishing year begins at 12:01 a.m., local time, January 1, 2013. However, since that closure, the SEFSC has received additional landings data and has determined that the ACL was not harvested prior to October 20, 2012. Therefore, in accordance with 50 CFR 622.43(c), NMFS is reopening the commercial sector for gag and all other SASWG beginning at 12:01 a.m., on November 13, 2012, and closing at 12:01 a.m., on November 21, 2012. The recreational sectors for gag and for all other SASWG are not closed and continue to remain open until December 31, 2012.</P>
        <P>Additionally, a seasonal closure is in place for the recreational and commercial sectors for gag and all other SASWG from January through April each fishing year as specified in 50 CFR 622.35(j). Therefore, after the commercial sector for gag and all other SASWG close at 12:01 a.m., on November 21, 2012, the commercial harvest of gag and all other SASWG will not commence until May 1, 2013.</P>
        <P>The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having gag or other SASWG onboard must have landed and bartered, traded, or sold such gag or other SASWG prior to 12:01 a.m., local time, November 21, 2012. During this commercial closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1) and (d)(2), respectively, apply to all harvest or possession of gag or other SASWG in or from the South Atlantic EEZ, and the sale or purchase of gag or other SASWG taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of gag or other SASWG that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, November 21, 2012, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for gag or other SASWG would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.43(a)(5)(iii).</P>

        <P>During the seasonal closure for the recreational and commercial sectors for gag and all other SASWG from January through April each fishing year, no person may fish for, harvest, or possess in or from the South Atlantic EEZ any SASWG. In addition, for a person on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, the provisions of this closure apply in the South Atlantic, regardless of where such fish are harvested,<E T="03">i.e.,</E>in state or Federal waters as specified in 50 CFR 622.35(j).</P>
        <HD SOURCE="HD1">Classification</HD>
        <P>The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic red snapper, gag, and all other SASWG and is consistent with the Magnuson-Stevens Act and other applicable laws.</P>
        <P>This action is taken under 50 CFR 622.49(b)(25)(i) and is exempt from review under Executive Order 12866.</P>
        <P>These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment.</P>
        <P>This action responds to the best available information recently obtained from the snapper-grouper fishery. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the requirements to provide prior notice and the opportunity for public comment on this temporary rule. Such procedures are unnecessary and contrary to the public interest regarding red snapper because the commercial ACL and AMs for red snapper were established in emergency rulemaking to allow for the limited harvest and possession of red snapper in 2012 (77 FR 51939, August 28, 2012), and the AMs allow the Regional Administrator to reopen the commercial sector if the ACL has been determined to have not been reached during the first 7-day commercial season. Such procedures are unnecessary and contrary to the public interest regarding gag because NMFS previously determined the commercial ACL for gag would be reached by October 20, 2012, and closed the commercial sector for gag and all other SASWG in the South Atlantic at 12:01 a.m., local time, on October 20, 2012. However, updated landings estimates indicate the ACL for the commercial sector for gag has not been reached at this time, and therefore additional harvest is available in order to achieve optimum yield. All that remains is to notify the public that additional harvest is available under the established ACLs and, therefore, the commercial sector for red snapper, gag, and all other SASWG will reopen.</P>
        <P>Additionally, reopening the commercial sector for red snapper, gag, and all other SASWG will likely result in revenue increases to commercial vessels. Fishermen will be able to keep the red snapper, gag, and all other SASWG that they are currently required to discard. Additionally, reopening the commercial sector for red snapper will provide an opportunity to collect fishery-dependent data that will likely be useful for the 2014 red snapper stock assessment. Delaying the implementation of this rulemaking to provide prior notice and the opportunity for public comment would reduce the likelihood of reopening the commercial sector for red snapper, gag, and all other SASWG in the 2012 fishing year.</P>
        <P>For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>16 U.S.C. 1801<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 9, 2012.</DATED>
          <NAME>Emily H. Menashes,</NAME>
          <TITLE>Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27786 Filed 11-9-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>221</NO>
  <DATE>Thursday, November 15, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="68073"/>
        <AGENCY TYPE="F">OFFICE OF PERSONNEL MANAGEMENT</AGENCY>
        <CFR>5 CFR Part 532</CFR>
        <RIN>RIN 3206-AM70</RIN>
        <SUBJECT>Prevailing Rate Systems; Redefinition of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, Appropriated Fund  Federal Wage System Wage Areas</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Office of Personnel Management.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule with request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Office of Personnel Management is issuing a proposed rule that would redefine the geographic boundaries of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, appropriated fund Federal Wage System wage areas. The proposed rule would redefine Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern Missouri wage area to the St. Louis wage area and Mercer County, PA, from the Pittsburgh wage area to the Cleveland wage area. These changes are based on recent consensus recommendations of the Federal Prevailing Rate Advisory Committee to best match the counties proposed for redefinition to a nearby FWS survey area. This proposed rule makes two additional corrections. It renames the Champaign-Urbana, IL, wage area as the Central Illinois wage area and updates the name of the White Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage areas to White Sands Missile Range.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>We must receive comments on or before December 17, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send or deliver comments to Jerome D. Mikowicz, Deputy Associate Director for Pay and Leave, Employee Services, U.S. Office of Personnel Management, Room 7H31, 1900 E Street NW., Washington, DC 20415-8200; email<E T="03">pay-leave-policy@opm.gov;</E>or FAX: (202) 606-4264.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Madeline Gonzalez, (202) 606-2838; email<E T="03">pay-leave-policy@opm.gov;</E>or FAX: (202) 606-4264.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The U.S. Office of Personnel Management is issuing a proposed rule that would redefine the geographic boundaries of the St. Louis, MO; Southern Missouri; Cleveland, OH; and Pittsburgh, PA, appropriated fund Federal Wage System (FWS) wage areas. The proposed rule would redefine Bollinger, Cape Girardeau, and Perry Counties, MO, from the Southern Missouri wage area to the St. Louis wage area and Mercer County, PA, from the Pittsburgh wage area to the Cleveland wage area.</P>
        <P>OPM considers the following regulatory criteria under 5 CFR 532.211 when defining FWS wage area boundaries:</P>
        <P>(i) Distance, transportation facilities, and geographic features;</P>
        <P>(ii) Commuting patterns; and</P>
        <P>(iii) Similarities in overall population, employment, and the kinds and sizes of private industrial establishments.</P>
        <P>In addition, OPM regulations at 5 CFR 532.211 do not permit splitting Metropolitan Statistical Areas (MSAs) for the purpose of defining a wage area, except in very unusual circumstances.</P>
        <P>OPM recently completed reviews of the definitions of the Cape Girardeau-Jackson,  MO-IL and Youngstown-Warren-Boardman, OH-PA MSAs and, based on analyses of the regulatory criteria for defining wage areas, is proposing the changes described below. The Federal Prevailing Rate Advisory Committee (FPRAC), the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, recommended these changes by consensus. These changes would be effective on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. FPRAC recommended no other changes in the geographic definitions of the  St. Louis, Southern Missouri, Cleveland, and Pittsburgh wage areas.</P>
        <HD SOURCE="HD1">Cape Girardeau-Jackson, MO-IL Metropolitan Statistical Area</HD>
        <P>Alexander County, IL, and Bollinger and Cape Girardeau Counties, MO, comprise the Cape Girardeau-Jackson, MO-IL MSA. The Cape Girardeau-Jackson MSA is currently split between the St. Louis, MO, and Southern Missouri wage areas. Alexander County is part of the area of application of the St. Louis wage area and Bollinger and Cape Girardeau Counties are part of the area of application of the Southern Missouri wage area.</P>
        <P>Based on an analysis of the regulatory criteria for Cape Girardeau County, the core county in the Cape Girardeau-Jackson MSA, we recommend that the entire Cape Girardeau-Jackson MSA be defined to the St. Louis area of application. The distance criterion for Cape Girardeau County favors the St. Louis wage area more than the Southern Missouri wage area. The commuting patterns criterion does not favor one wage area more than another. Cape Girardeau County does not resemble one survey area more than another survey area in terms of the overall population, employment, and the kinds and sizes of private industrial establishments criteria. Based on this analysis, we find that Cape Girardeau County would be more appropriately defined to the St. Louis wage area. Since there appear to be no unusual circumstances that would permit splitting the Cape Girardeau-Jackson MSA, OPM proposes to also redefine Bollinger County to the St. Louis wage area so that the entire Cape Girardeau-Jackson MSA is in one wage area. There are currently nine FWS employees working in Cape Girardeau County. There are currently no FWS employees working in Bollinger County.</P>

        <P>Because Perry County, MO, borders Bollinger and Cape Girardeau Counties to the north and is located in between the Cape Girardeau-Jackson MSA and the St. Louis wage area, Perry County would be redefined to the St. Louis wage area. The distance criterion for Perry County favors the St. Louis wage area more than the Southern Missouri wage area. The commuting patterns criterion favors the St. Louis wage area more than the Southern Missouri wage area. Perry County does not resemble one survey area more than another survey area in terms of the overall population, employment, and the kinds and sizes of private industrial establishments criteria. Based on this analysis, we find that Perry County would be more appropriately defined to the St. Louis wage area. There are<PRTPAGE P="68074"/>currently no FWS employees working in Perry County.</P>
        <HD SOURCE="HD1">Youngstown-Warren-Boardman, OH-PA Metropolitan Statistical Area</HD>
        <P>Trumbull and Mahoning Counties, OH, and Mercer County, PA, comprise the Youngstown-Warren-Boardman, OH-PA MSA. The Youngstown-Warren-Boardman MSA is currently split between the Cleveland, OH, and Pittsburgh, PA, wage areas. Trumbull and Mahoning Counties are part of the area of application of the Cleveland wage area, and Mercer County is part of the area of application of the Pittsburgh wage area.</P>
        <P>Based on an analysis of the regulatory criteria for Mahoning County, the core county in the Youngstown-Warren-Boardman MSA, the entire Youngstown-Warren-Boardman MSA would be defined to the Cleveland wage area. The distance criterion does not favor one wage area more than another. We believe distance is not a determining factor in this case. The commuting patterns criterion does not favor one wage area more than another. The difference between the resident workforce commuting to work in the Cleveland and Pittsburgh survey areas is insignificant; however, marginally more people commute into the Cleveland survey area  (1.23 percent) than into the Pittsburgh survey area (0.76 percent). The overall population and employment and the kinds and sizes of private industrial establishments criteria do not favor one wage area more than another.</P>
        <P>Based on the mixed nature of the regulatory analysis findings, we believe the fact that the city of Youngstown in Mahoning County is generally considered to be part of the greater Cleveland area provides sufficient evidence that Mahoning County is appropriately defined to the Cleveland wage area. OPM regulations at 5 CFR 532.211 permit splitting MSAs only in very unusual circumstances. Since there appear to be no unusual circumstances that would permit splitting the Youngstown-Warren-Boardman MSA, OPM proposes to redefine Mercer County to the Cleveland wage area so that the entire Youngstown-Warren-Boardman MSA is in one wage area. The remaining county in the Youngstown-Warren-Boardman MSA, Trumbull County, is already defined to the Cleveland wage area. There are currently two FWS employees working in Mercer County.</P>
        <HD SOURCE="HD1">CFR Corrections</HD>
        <P>In addition, this proposed rule renames the Champaign-Urbana, IL, FWS wage area as the Central Illinois FWS wage area because this name better describes the boundaries of the wage area. This proposed rule also updates the name of the White Sands Proving Ground in the Albuquerque, NM, and El Paso, TX, wage areas because the Department of Defense now refers to it as that White Sands Missile Range. OPM announced these changes in interim (65 FR 48641) and final (65 FR 64337) rules published in 2000. However, Champaign-Urbana and White Sands Proving Ground continue to appear incorrectly in Appendix A to Subpart B of Part 532 and/or Appendix C to Subpart B of Part 532.</P>
        <HD SOURCE="HD1">Regulatory Flexibility Act</HD>
        <P>I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would affect only Federal agencies and employees.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 5 CFR Part 532</HD>
          <P>Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages.</P>
        </LSTSUB>
        <SIG>
          <FP>U.S. Office of Personnel Management.</FP>
          <NAME>John Berry,</NAME>
          <TITLE>Director.</TITLE>
        </SIG>
        
        <P>Accordingly, the U.S. Office of Personnel Management is proposing to amend 5 CFR part 532 as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 532—PREVAILING RATE SYSTEMS</HD>
          <P>1. The authority citation for part 532 continues to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552.</P>
          </AUTH>
          <HD SOURCE="HD1">Appendix A to Subpart B of Part 532 [Amended]</HD>
          <P>2. In appendix A to subpart B of part 532, under the State of Illinois, revise the wage-area entry “Champaign-Urbana” to read “Central Illinois”.</P>
          <P>3. In appendix C to subpart B of part 532, under the State of Illinois, revise the wage-area entry “Champaign-Urbana” to read “Central Illinois” and revise the wage area listings for the Southern Missouri; St. Louis, MO; Albuquerque, NM; Cleveland, OH; Pittsburgh, PA; and El Paso, TX, wage areas to read as follows:</P>
          <APPENDIX>
            <HD SOURCE="HED">Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas</HD>
            <GPOTABLE CDEF="xl100" COLS="1" OPTS="L0,tp0,p1,8/9,g1,t1,i1">
              <TTITLE/>
              <BOXHD>
                <CHED H="1"/>
              </BOXHD>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">MISSOURI</E>
                </ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">St. Louis</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Illinois:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clinton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Madison</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Monroe</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Clair</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Missouri: (city)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Louis</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Missouri: (counties)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Franklin</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jefferson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Charles</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Louis</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Illinois:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Alexander</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Bond</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Calhoun</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clay</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Effingham</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Fayette</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Franklin</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Greene</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Hamilton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jackson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jefferson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jersey</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Johnson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Macoupin</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Marion</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Massac</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Montgomery</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Morgan</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Perry</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Pike</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Pope</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Pulaski</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Randolph</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Saline</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Scott</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Union</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Washington</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Wayne</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Williamson</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Missouri:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Audrain</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Bollinger</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Boone</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Callaway</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cape Girardeau</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clark</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cole</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Crawford</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Gasconade</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Knox</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lewis</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lincoln</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Marion</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Moniteau</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Monroe</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Montgomery</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Osage</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Perry</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Pike</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ralls</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Randolph</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Francois</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ste. Genevieve</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Scotland</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Shelby</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Warren</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Washington</ENT>
              </ROW>
              
              <ROW>
                <PRTPAGE P="68075"/>
                <ENT I="21">
                  <E T="04">Southern Missouri</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Missouri:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Christian</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Greene</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Laclede</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Phelps</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Pulaski</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Webster</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Kansas:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cherokee</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Crawford</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Missouri:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Barry</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Barton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Benton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Butler</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Camden</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Carter</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cedar</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Dade</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Dallas</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Dent</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Douglas</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Hickory</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Howell</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Iron</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jasper</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lawrence</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Madison</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Maries</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Miller</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Mississippi</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Morgan</ENT>
              </ROW>
              <ROW>
                <ENT I="02">New Madrid</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Newton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Oregon</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ozark</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Polk</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Reynolds</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ripley</ENT>
              </ROW>
              <ROW>
                <ENT I="02">St. Clair</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Scott</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Shannon</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Stoddard</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Stone</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Taney</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Texas</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Vernon</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Wayne</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Wright</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">NEW MEXICO</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">Albuquerque</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">New Mexico:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Bernalillo</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Sandoval</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">New Mexico:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Catron</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cibola</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Colfax</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Curry</ENT>
              </ROW>
              <ROW>
                <ENT I="02">De Baca</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Guadalupe</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Harding</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lincoln (Does not include White Sands Missile Range portion)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Los Alamos</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Mora</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Quay</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Rio Arriba</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Roosevelt</ENT>
              </ROW>
              <ROW>
                <ENT I="02">San Miguel</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Santa Fe</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Socorro (Does not include White Sands Missile Range portion)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Taos</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Torrance</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Union</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Valencia</ENT>
              </ROW>
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">OHIO</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">Cleveland</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Ohio:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cuyahoga</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Geauga</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lake</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Medina</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Ohio:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ashland</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ashtabula</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Carroll</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Columbiana</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Erie</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Huron</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lorain</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Mahoning</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ottawa</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Portage</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Sandusky</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Seneca</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Stark</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Summit</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Trumbull</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Wayne</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Pennsylvania:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Mercer</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">PENNSYLVANIA</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">Pittsburgh</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Pennsylvania:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Allegheny</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Beaver</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Butler</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Washington</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Westmoreland</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Ohio:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Belmont</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Harrison</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jefferson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Tuscarawas</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Pennsylvania:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Armstrong</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Bedford</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Blair</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cambria</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Cameron</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Centre</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clarion</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clearfield</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Clinton</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Crawford</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Elk (Does not include the Allegheny National Forest portion)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Erie</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Fayette</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Forest (Does not include the Allegheny National Forest portion)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Greene</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Huntingdon</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Indiana</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Jefferson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lawrence</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Potter</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Somerset</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Venango</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">West Virginia:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Brooke</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Hancock</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Marshall</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Ohio</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">TEXAS</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="04">El Paso</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Survey Area</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">New Mexico:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Dona Ana</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Otero</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Texas:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">El Paso</ENT>
              </ROW>
              
              <ROW>
                <ENT I="21">
                  <E T="03">Area of Application. Survey area plus:</E>
                </ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">New Mexico:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Chaves</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Eddy</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Grant</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Hidalgo</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Lincoln (Only White Sands Missile Range portion)</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Luna</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Sierra</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Socorro (Only White Sands Missile Range portion)</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22">Texas:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Culberson</ENT>
              </ROW>
              <ROW>
                <ENT I="02">Hudspeth</ENT>
              </ROW>
              
              <ROW>
                <ENT I="22"/>
              </ROW>
              <ROW>
                <ENT I="28">*****</ENT>
              </ROW>
            </GPOTABLE>
          </APPENDIX>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27671 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6325-39-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">LIBRARY OF CONGRESS</AGENCY>
        <SUBAGY>Copyright Office</SUBAGY>
        <CFR>37 CFR Part 201 and 210</CFR>
        <DEPDOC>[Docket No. 2012-7]</DEPDOC>
        <SUBJECT>Mechanical and Digital Phonorecord Delivery Compulsory License</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Copyright Office, Library of Congress.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of proposed rulemaking: Extension of reply comment periods.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Copyright Office is extending the deadline for filing reply comments regarding its Notice of Proposed Rulemaking concerning<PRTPAGE P="68076"/>regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under a compulsory license.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Reply comments on the proposed regulation must be received in the Office of the General Counsel of the Copyright Office no later than 5 p.m. Eastern Daylight Time (EDT) on December 10, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The Copyright Office strongly prefers that reply comments be submitted electronically. A comment submission page is posted on the Copyright Office Web site at<E T="03">http://www.copyright.gov/docs/section115/soa/comments/.</E>The Web site interface requires submitters to complete a form specifying name and other required information, and to upload comments as an attachment. To meet accessibility standards, all comments must be uploaded in a single file in either the Adobe Portable Document File (PDF) format that contains searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a scanned document). The maximum file size is 6 megabytes (MB). The name of the submitter and organization should appear on both the form and the face of the comments. All comments will be posted publicly on the Copyright Office Web site exactly as they are received, along with names and organizations if provided. If electronic submission of comments is not feasible, please contact the Copyright Office at (202) 707-8380 for special instructions.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Tanya Sandros, Deputy General Counsel, or Stephen Ruwe, Attorney Advisor, Copyright GC/I&amp;R, P.O. Box 70400, Washington, DC 20024.<E T="03">Telephone:</E>(202) 707-8380.<E T="03">Telefax:</E>(202) 707-8366.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On July 27, 2012, the Copyright Office published a notice of proposed rulemaking and request for comments concerning a new regulation that would amend the regulations for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license, 17 U.S.C. 115, to bring the regulations up-to-date to reflect recent and pending rate determinations by the Copyright Royalty Judges, which among other things provide new rates for limited downloads, interactive streaming and incidental digital phonorecord deliveries, and to harmonize these reporting requirements with the existing regulations for reporting the making and distribution of physical phonorecords, permanent downloads and ringtones. The notice of proposed rulemaking stated that comments would be due no later than September 25, 2012 and that reply comments would be due October 25, 2012. Upon the request of several active institutional participants in the mechanical compulsory license system, the Copyright Office extended the comment deadline, making the comments due on October 25, 2012 and reply comments due on November 26, 2012. 77 FR 55783 (September 11, 2012). The Copyright Office posted all comments received by the October 25, 2012 deadline on the Copyright Office Web site at<E T="03">http://www.copyright.gov/docs/docket2012-7/comments/initial/.</E>
        </P>

        <P>On November 7, 2012, the Copyright Office received a joint motion filed on behalf of the Recording Industry Association of America, Inc., National Music Publishers Association, Digital Media Association, and Music Reports, Inc., (“Joint Requestors”) to extend the reply comment period by two weeks (<E T="03">i.e.</E>until December 10, 2012). The Joint Requestors stated that they hope to be in a position to suggest specific certification language in their reply comments. However, they note that several key individuals involved in the Joint Requesters' discussions were adversely affected by Hurricane Sandy, and that discussions have been disrupted for over a week. They stated that a two week extension would allow them to discuss consensus positions and prepare a written submission setting forth whatever consensus positions are able to be reached.</P>
        <P>In the interest of giving the Joint Requestors, the necessary time to conclude the process of formulating consensus positions, the progress of which was interrupted by Hurricane Sandy, the Copyright Office has decided to grant the request and extend the reply comment period by two weeks, making the reply comments due on December 10, 2012).</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Maria Pallante,</NAME>
          <TITLE>Register of Copyrights.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27774 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 1410-30-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Parts 52 and 81</CFR>
        <DEPDOC>[EPA-R03-OAR-2012-0174; FRL-9752-1]</DEPDOC>

        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the West Virginia Portion of the Huntington-Ashland, WV-KY-OH 1997 Annual PM<E T="52">2.5</E>Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>EPA is proposing to approve a redesignation request and State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) is requesting that the West Virginia portion of the Huntington-Ashland,WV-KY-OH-fine particulate matter (PM<E T="52">2.5</E>) nonattainment area (“Huntington-Ashland Area” or “Area”) be redesignated as attainment for the 1997 annual PM<E T="52">2.5</E>national ambient air quality standard (NAAQS). The Huntington-Ashland Area is comprised of Cabell and Wayne Counties and a portion of Mason County in West Virginia (West Virginia portion of the Area); Boyd County and a portion of Lawrence County in Kentucky; and Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio. In this rulemaking action, EPA is proposing to approve the PM<E T="52">2.5</E>redesignation request for the West Virginia portion of the Area. EPA is also proposing to approve the maintenance plan SIP revision that the State submitted in conjunction with its redesignation request. The maintenance plan provides for continued attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS for 10 years after redesignation of the West Virginia portion of the Area. The maintenance plan includes an insignificance determination for the on-road motor vehicle contribution of PM<E T="52">2.5</E>, nitrogen oxides (NO<E T="52">x</E>), and sulfur dioxide (SO<E T="52">2</E>) for the West Virginia portion of the Area for purposes of transportation conformity. EPA is proposing to find that West Virginia's insignificance determination for transportation conformity is adequate.<SU>1</SU>
            <FTREF/>
            <PRTPAGE P="68077"/>EPA is also proposing to find that the Area continues to attain the standard. This action to propose approval of the 1997 annual PM<E T="52">2.5)</E>NAAQS redesignation request, maintenance plan, and insignificance determination for transportation conformity for the West Virginia portion of the Area is based on EPA's determination that the Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is taking separate action to propose redesignation of the Kentucky and Ohio portions of the Huntington-Ashland Area.</P>
          <FTNT>
            <P>

              <SU>1</SU>On November 5, 2012, EPA initiated the comment period for this proposed insignificance determination on the Office of Transportation and Air Quality (OTAQ) Web site (<E T="03">http://www.epa.gov/otaq/stateresources/transconf/currsips</E>) in order to<PRTPAGE/>allow for a full 30 day public comment period in conjunction with this proposed rulemaking.</P>
          </FTNT>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be received on or before December 6, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID Number EPA-R03-OAR-2012-0174 by one of the following methods:</P>
          <P>A.<E T="03">www.regulations.gov.</E>Follow the on-line instructions for submitting comments.</P>
          <P>B.<E T="03">Email:</E>
            <E T="03">mastro.donna@epa.gov</E>
          </P>
          <P>C.<E T="03">Mail:</E>EPA-R03-OAR-2012-0174, Donna Mastro, Acting Associate Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.</P>
          <P>D.<E T="03">Hand Delivery:</E>At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No. EPA-R03-OAR-2012-0174. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at<E T="03">www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through<E T="03">www.regulations.gov</E>or email. The<E T="03">www.regulations.gov</E>Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">www.regulations.gov,</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.</P>
          <P>
            <E T="03">Docket:</E>All documents in the electronic docket are listed in the<E T="03">www.regulations.gov</E>index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in<E T="03">www.regulations.gov</E>or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Marilyn Powers, (215) 814-2308, or by e-mail at<E T="03">powers.marilyn@epa.gov</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.</P>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. Summary of Actions</FP>
          <FP SOURCE="FP-2">II. Background</FP>
          <FP SOURCE="FP-2">III. Criteria for Redesignation to Attainment</FP>
          <FP SOURCE="FP-2">IV. Reasons for Proposing These Actions</FP>
          <FP SOURCE="FP-2">V. Effect of These Proposed Actions</FP>
          <FP SOURCE="FP-2">VI. Analysis of West Virginia's Redesignation Request</FP>
          <FP SOURCE="FP-2">VII. Analysis of West Virginia's Transportation Conformity Insignificance Determination for the Huntington-Ashland Area</FP>
          <FP SOURCE="FP-2">VIII. Proposed Actions</FP>
          <FP SOURCE="FP-2">IX. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. Summary of Actions</HD>

        <P>On June 30, 2011, the State of West Virginia through WVDEP formally submitted a request to redesignate the West Virginia portion of the Area from nonattainment to attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS. Concurrently, West Virginia submitted a maintenance plan for the Area as a SIP revision to ensure continued attainment throughout the Area over the next 10 years.</P>

        <P>EPA is proposing to take several actions related to redesignation of the West Virginia portion of the Area to attainment for the 1997 annual PM<E T="52">2.5</E>NAAQS. EPA is proposing to find that the West Virginia portion of the Area meets the requirements for redesignation of the PM<E T="52">2.5</E>NAAQS under section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve West Virginia's request to change the legal definition of the West Virginia portion of the Area from nonattainment to attainment for the 1997 annual PM<E T="52">2.5</E>NAAQS. This action does not impact the legal definition of the Kentucky or Ohio portions of the Area. EPA is taking separate action to redesignate these portions.</P>

        <P>EPA is also proposing to approve the maintenance plan for the West Virginia portion of the Area as a revision to the West Virginia SIP. Such approval is one of the CAA criteria for redesignation of an area to attainment. The maintenance plan is designed to ensure continued attainment in the West Virginia portion of the Area for 10 years after redesignation. The maintenance plan includes an insignificance determination for the on-road motor vehicle contribution of PM<E T="52">2.5</E>, NO<E T="52">x</E>and SO<E T="52">2</E>in the West Virginia portion of the Area for transportation conformity purposes. EPA has determined that the on-road motor vehicle insignificance finding that is included as part of West Virginia's maintenance plan for the 1997 annual PM<E T="52">2.5</E>NAAQS is adequate, and is proposing to approve the insignificance determination. EPA's analysis of these proposed actions is discussed in Sections VI and VII of today's proposed rulemaking action.</P>
        <HD SOURCE="HD1">II. Background</HD>
        <HD SOURCE="HD2">A. General</HD>
        <P>The first air quality standards for PM<E T="52">2.5</E>were established on July 16, 1997. 62 FR 38652 (July 18, 1997). EPA promulgated an annual standard at a level of 15 micrograms per cubic meter (μg/m<SU>3</SU>), based on a three-year average of annual mean PM<E T="52">2.5</E>concentrations. In the same rulemaking action, EPA promulgated a 24-hour standard of 65 μg/m<SU>3</SU>, based on a three-year average of the 98th percentile of 24-hour concentrations. On October 17, 2006, at 71 FR 61144, EPA retained the annual average standard at 15 μg/m<SU>3</SU>but revised the 24-hour standard to 35 μg/m<SU>3</SU>, based again on the three-year average of the 98th percentile of 24-hour concentrations.</P>

        <P>On January 5, 2005 at 70 FR 944, as supplemented on April 14, 2005 at 70 FR 19844, EPA designated the<PRTPAGE P="68078"/>Huntington-Ashland Area as nonattainment for the 1997 p.m.<E T="52">2.5</E>air quality NAAQS. The Huntington-Ashland Area is comprised of Cabell and Wayne Counties and the Graham tax district in Mason County, West Virginia; Boyd County and the portion of Lawrence County described by U.S. Census 2000 block group identifier 21-127-9901-6 in Kentucky; and Lawrence and Scioto Counties, Monroe and Sprigg Townships in Adams County, and Addison and Cheshire Townships in Gallia County in Ohio. On November 13, 2009 at 74 FR 58688, EPA promulgated designations for the 24-hour standard set in 2006, designating the Huntington-Ashland Area as attaining this standard. In that action, EPA also clarified the designations for the NAAQS promulgated in 1997, stating that the Huntington-Ashland Area remained designated nonattainment for the 1997 annual PM<E T="52">2.5</E>standard, but was designated attainment for the 1997 24-hour standard. Today's action therefore does not address attainment of either the 1997 or the 2006 24-hour NAAQS.</P>

        <P>In response to legal challenges of the annual standard promulgated in 2006, the DC Circuit remanded this standard to EPA for further consideration.<E T="03">See American Farm Bureau Federation and National Pork Producers Council, et al.</E>v.<E T="03">EPA,</E>559 F.3d 512 (DC Cir. 2009). However, given that the 1997 and 2006 annual standards are essentially identical, attainment of the 1997 annual standard would also indicate attainment of the remanded 2006 annual standard. Since the Huntington-Ashland Area is designated nonattainment only for the annual standard promulgated in 1997, today's action addresses redesignation to attainment only for this standard.</P>

        <P>In a final rulemaking action dated September 7, 2011 at 76 FR 55542, EPA determined, pursuant to 40 CFR 51.1004(c), that the entire Huntington-Ashland Area is attaining the 1997 annual PM<E T="52">2.5</E>NAAQS. This determination of attainment was based upon complete, quality-assured and certified ambient air quality monitoring data for the period of 2007-2009 showing that the Area had attained the NAAQS by its applicable attainment date of April 5, 2010.</P>
        <HD SOURCE="HD2">B. Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule (CSAPR or the Transport Rule)</HD>

        <P>On May 12, 2005, EPA published CAIR, which requires significant reductions in emissions of SO<E T="52">2</E>and NO<E T="52">x</E>from electric generating units to limit the interstate transport of these pollutants and the ozone and fine particulate matter they form in the atmosphere.<E T="03">See</E>70 FR 25162. The DC Circuit initially vacated CAIR,<E T="03">North Carolina</E>v.<E T="03">EPA,</E>531 F.3d 896 (DC Cir. 2008), but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR,<E T="03">North Carolina</E>v.<E T="03">EPA,</E>550 F.3d 1176, 1178 (DC Cir. 2008). In response to the court's decision, EPA issued the Transport Rule, also known as CSAPR, to address interstate transport of NO<E T="52">x</E>and SO<E T="52">2</E>in the eastern United States.<E T="03">See</E>76 FR 48208 (August 8, 2011). On August 21, 2012, the DC Circuit issued a decision to vacate the Transport Rule. In that decision, it also ordered EPA to continue administering CAIR “pending the promulgation of a valid replacement.”<E T="03">EME Homer City Generation, L.P.</E>v.<E T="03">EPA,</E>No. 11-1302 (DC Cir., August 21, 2012).<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>2</SU>The court's judgment is not final, as of November 7, 2012, as the mandate has not yet been issued.</P>
        </FTNT>

        <P>In light of the above and as explained below, EPA proposes to approve the redesignation request and the related SIP revision for Cabell and Wayne Counties and the Graham tax district in Mason County in West Virginia, including West Virginia's plan for maintaining attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS standard in the West Virginia portion of the Area. The air quality modeling analysis conducted for the Transport Rule demonstrates that the Huntington-Ashland Area would be able to attain the 1997 annual PM<E T="52">2.5</E>NAAQS even in the absence of either CAIR or the Transport Rule.<E T="03">See</E>“Air Quality Modeling Final Rule Technical Support Document,” App. B, B-115 to B-134. This modeling is available in the docket for the Transport Rule rulemaking action.<E T="03">See</E>Docket ID No. EPA-HQ-OAR-2009-0491. Nothing in the DC Circuit's August 2012 decision disturbs or calls into question that conclusion or the validity of the air quality analysis on which it is based.</P>

        <P>In addition, CAIR remains in place and enforceable until substituted by a “valid” replacement rule. West Virginia's SIP revision lists CAIR as a control measure that became state-effective on May 1, 2008 and was approved by EPA on August 4, 2009 for the purpose of reducing SO<E T="52">2</E>and NO<E T="52">x</E>emissions. The monitoring data used to demonstrate the Area's attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS by the April 2010 attainment deadline was also impacted by CAIR. To the extent that the State is relying on CAIR in its maintenance plan, the recent directive from the DC Circuit in<E T="03">EME Homer</E>ensures that the reductions associated with CAIR will be permanent and enforceable for the necessary time period. EPA has been ordered by the Court to develop a new rule, and the opinion makes clear that after promulgating that new rule EPA must provide states an opportunity to draft and submit SIPs to implement that rule. CAIR thus cannot be replaced until EPA has promulgated a final rule through a notice-and-comment rulemaking process, states have had an opportunity to draft and submit SIPs, EPA has reviewed the SIPs to determine if they can be approved, and EPA has taken action on the SIPs, including promulgating a FIP if appropriate. These steps alone will take many years, even with EPA and the states acting expeditiously. The Court's clear instruction to EPA that it must continue to administer CAIR until a “valid replacement” exists provides an additional backstop; by definition, any rule that replaces CAIR and meets the Court's direction would require upwind states to eliminate significant downwind contributions.</P>

        <P>Further, in vacating the Transport Rule and requiring EPA to continue administering CAIR, the DC Circuit emphasized that the consequences of vacating CAIR “might be more severe now in light of the reliance interests accumulated over the intervening four years.”<E T="03">EME Homer,</E>slip op. at 60. The accumulated reliance interests include the interests of states who reasonably assumed they could rely on reductions associated with CAIR which brought certain nonattainment areas into attainment with the NAAQS. If EPA were prevented from relying on reductions associated with CAIR in redesignation actions, states would be forced to impose additional, redundant reductions on top of those achieved by CAIR. EPA believes this is precisely the type of irrational result the court sought to avoid by ordering EPA to continue administering CAIR. For these reasons also, EPA believes it is appropriate to allow states to rely on CAIR, and the existing emissions reductions achieved by CAIR, as sufficiently permanent and enforceable pending a valid replacement rule for purposes such as redesignation. Following promulgation of the replacement rule, EPA will review SIPs as appropriate to identify whether there are any issues that need to be addressed.</P>
        <HD SOURCE="HD1">III. Criteria for Redesignation to Attainment</HD>

        <P>The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing that:<PRTPAGE P="68079"/>
        </P>
        <P>1. EPA determines that the area has attained the applicable NAAQS;</P>
        <P>2. EPA has fully approved the applicable implementation plan for the area under section 110(k);</P>
        <P>3. EPA determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP and applicable Federal air pollutant control regulations and other permanent and enforceable reductions;</P>
        <P>4. EPA has fully approved a maintenance plan for the area as meeting the requirements of CAA section 175A; and</P>
        <P>5. The state containing such area has met all requirements applicable to the area under CAA section 110 and Part D.</P>
        <P>EPA has provided guidance on redesignation in the General Preamble for the Implementation of title I of the CAA Amendments of 1990 (April 16, 1992, 57 FR 13498) (supplemented on April 28, 1992, 57 FR 18070) and has provided further guidance on processing redesignation requests in the following documents:</P>
        <P>1. “Procedures for Processing Requests to Redesignate Areas to Attainment,” Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (hereafter referred to as the “Calcagni Memorandum”);</P>
        <P>2. “State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,” Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992; and</P>
        <P>3. “Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,” Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994.</P>
        <HD SOURCE="HD1">IV. Reasons for Proposing These Actions</HD>

        <P>On June 30, 2011, the WVDEP requested redesignation of the West Virginia portion of the Area to attainment for the 1997 annual PM<E T="52">2.5</E>standard. As a part of the redesignation request, WVDEP submitted a maintenance plan for the West Virginia portion of the Area as a SIP revision, to ensure continued attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS over the next 10 years until 2022. EPA has determined that the Huntington-Ashland Area has attained the 1997 annual PM<E T="52">2.5</E>standard and that West Virginia has met the requirements set forth in CAA section 107(d)(3)(E) for redesignation of the West Virginia portion of the Area.</P>
        <HD SOURCE="HD1">V. Effects of These Proposed Actions</HD>

        <P>Final approval of the redesignation request would change the official designation of the West Virginia portion of the Area for the 1997 annual PM<E T="52">2.5</E>NAAQS, found at 40 CFR part 81, from nonattainment to attainment. It would incorporate into the West Virginia SIP a maintenance plan ensuring continued attainment of the 1997 annual PM<E T="52">2.5</E>NAAQS in the Area for the next 10 years until 2022. The maintenance plan includes, among other components, contingency measures to remedy any future violations of the 1997 annual PM<E T="52">2.5</E>NAAQS (should they occur). Approval of the maintenance plan would also result in approval of the insignificance determination for PM<E T="52">2.5</E>, NO<E T="52">x</E>, and SO<E T="52">2</E>for transportation conformity purposes in the West Virginia portion of the Area.</P>
        <HD SOURCE="HD1">VI. Analysis of West Virginia's Redesignation Request</HD>

        <P>EPA proposes to redesignate the West Virginia portion of the Area to attainment for the 1997 annual PM<E T="52">2.5</E>NAAQS and to approve into the West Virginia SIP the 1997 annual PM<E T="52">2.5</E>NAAQS maintenance plan for the West Virginia portion of the Area. These actions are based upon EPA's determination that the Area continues to attain the 1997 annual PM<E T="52">2.5</E>NAAQS and that all other redesignation criteria have been met for the West Virginia portion of the Area, provided EPA approves the base year emissions inventory that has been proposed in a separate rulemaking action.<E T="03">See</E>77 FR 60085 (Oct. 2, 2012). The following is a description of how the WVDEP June 30, 2011 submittal satisfies the requirements of section 107(d)(3)(E) of the CAA.</P>
        <HD SOURCE="HD2">1. Attainment</HD>

        <P>As noted above, in a final rulemaking action dated September 7, 2011, at 76 FR 55542, EPA determined, pursuant to 40 CFR 51.1004(c), that the entire Huntington-Ashland Area is attaining the 1997 annual PM<E T="52">2.5</E>NAAQS. This determination of attainment was based upon complete, quality-assured and certified ambient air quality monitoring data for the period of 2007-2009 showing that the Area had attained the NAAQS by its applicable attainment date of April 5, 2010. Further discussion of pertinent air quality issues underlying this determination was provided in the notice of proposed rulemaking action for EPA's determination of attainment for this Area, published on May 11, 2011 (76 FR 27290). EPA has reviewed more recent data in its Air Quality System (AQS) database, including certified, quality-assured data for the periods from 2008-2010 and 2009-2011. This data, shown in Table 1, shows that the Huntington-Ashland Area continues to attain the 1997 annual PM<E T="52">2.5</E>NAAQS. In addition, as discussed below with respect to the maintenance plan, WVDEP has committed to continue monitoring air quality in accordance with 40 CFR part 58. In summary, EPA has determined that the data submitted by West Virginia, as well as data taken from AQS, indicate that the Huntington-Ashland Area has attained and continues to attain the 1997 annual PM<E T="52">2.5</E>NAAQS.</P>
        <GPOTABLE CDEF="s50,15,15,15" COLS="4" OPTS="L2,i1">

          <TTITLE>Table 1—Design Value Concentrations for the Huntington-Ashland Area for the 1997 Annual PM<E T="52">2.5</E>NAAQS (μ<E T="01">g</E>/<E T="01">m</E>
            <SU>3</SU>) for 2008-2010 and 2009-2011</TTITLE>
          <BOXHD>
            <CHED H="1">County</CHED>
            <CHED H="1">Monitor ID</CHED>
            <CHED H="1">3-Year annual design values</CHED>
            <CHED H="2">2008-2010</CHED>
            <CHED H="2">2009-2011</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Cabell, WV</ENT>
            <ENT>54-011-0006</ENT>
            <ENT>13.1</ENT>
            <ENT>12.3</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Boyd, KY</ENT>
            <ENT>21-019-0017</ENT>
            <ENT>11.4</ENT>
            <ENT>10.8</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Scioto, OH</ENT>
            <ENT>39-145-0013</ENT>
            <ENT>11.6</ENT>
            <ENT>10.9</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lawrence, OH</ENT>
            <ENT>39-087-0012</ENT>
            <ENT>12.2</ENT>
            <ENT>11.4</ENT>
          </ROW>
          <TNOTE>
            <E T="02">Note:</E>Monitor 39-087-0010 in Lawrence, Ohio was shut down in February 2008 due to demolition of the building. It was replaced by monitor 39-087-0012 located approximately one mile away and began monitoring in February 2008.</TNOTE>
        </GPOTABLE>
        <PRTPAGE P="68080"/>
        <HD SOURCE="HD2">2. The Area Has Met All Applicable Requirements Under Section 110 and Part D of the CAA and Has a Fully Approved SIP Under Section 110(k) of the CAA</HD>
        <P>EPA has determined that the West Virginia portion of the Area has met all SIP requirements applicable for purposes of this redesignation under section 110 of the CAA (General SIP Requirements) and that, upon final approval of the 2002 base year inventory as discussed in section VI, it will have met all applicable SIP requirements under Part D of Title I of the CAA, in accordance with CAA section 107(d)(3)(E)(v). In addition, EPA is proposing to find that all applicable requirements of the West Virginia SIP for purposes of redesignation have been approved in accordance with CAA section 107(d)(3)(E)(ii). In making these proposed determinations, EPA ascertained which SIP requirements are applicable for purposes of redesignation of this area, and concluded that the applicable portions of the SIP meeting these requirements are fully approved under CAA section 110(k). We note that SIPs must be fully approved only with respect to applicable requirements.</P>
        <HD SOURCE="HD3">a. CAA Section 110 General SIP Requirements</HD>
        <P>Section 110(a)(2) of Title I of the CAA delineates the general requirements for a SIP, which include enforceable emissions limitations and other control measures, means, or techniques, provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality, and programs to enforce the limitations. The general SIP elements and requirements set forth in CAA section 110(a)(2) include, but are not limited to the following:</P>
        <P>• Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing;</P>
        <P>• Provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality;</P>
        <P>• Implementation of a source permit program; provisions for the implementation of Part C requirements (Prevention of Significant Deterioration (PSD));</P>
        <P>• Provisions for the implementation of Part D requirements for New Source Review (NSR) permit programs;</P>
        <P>• Provisions for air pollution modeling; and</P>
        <P>• Provisions for public and local agency participation in planning and emission control rule development.</P>

        <P>Section 110(a)(2)(D) of the CAA requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision for various NAAQS, EPA has required certain states to establish programs to address transport of air pollutants in accordance with the NO<E T="52">x</E>SIP Call, October 27, 1998 (63 FR 57356), amendments to the NO<E T="52">x</E>SIP Call, May 14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and CAIR, May 12, 2005 (70 FR 25162). However, the CAA section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a particular nonattainment area's designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, we do not believe that these requirements are applicable requirements for purposes of redesignation.</P>

        <P>In addition, EPA believes that the other CAA section 110(a)(2) elements not connected with nonattainment plan submissions and not linked with an area's attainment status are not applicable requirements for purposes of redesignation. The Area will still be subject to these requirements after it is redesignated. We conclude that the CAA section 110(a)(2) and Part D requirements which are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request, and that CAA section 110(a)(2) elements not linked to the area's nonattainment status are not applicable for purposes of redesignation. This approach is consistent with EPA's existing policy on applicability of conformity (i.e., for redesignations) and oxygenated fuels requirement.<E T="03">See</E>Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See also, the discussion on this issue in the Cincinnati redesignation (65 FR at 37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR at 53099, October 19, 2001).</P>

        <P>We have reviewed the West Virginia SIP and have concluded that it meets the general SIP requirements under section 110(a)(2) of the CAA to the extent they are applicable for purposes of redesignation. EPA has previously approved provisions of West Virginia's SIP addressing CAA section 110(a)(2) requirements, including provisions addressing PM<E T="52">2.5</E>.<E T="03">See</E>76 FR 47062 (August 4, 2011). These requirements are, however, statewide requirements that are not linked to the PM<E T="52">2.5</E>nonattainment status of the Huntington-Ashland Area. Therefore, EPA believes that these SIP elements are not applicable requirements for purposes of review of the State's PM<E T="52">2.5</E>redesignation request.</P>
        <HD SOURCE="HD3">b. Part D Nonattainment Requirements Under the Standard</HD>

        <P>Subpart 1 of part D, sections 172 to 175 of the CAA, sets forth the basic nonattainment plan requirements applicable to PM<E T="52">2.5</E>nonattainment areas. Under CAA section 172, states with nonattainment areas must submit plans providing for timely attainment and must meet a variety of other requirements. On May 28, 2009, WVDEP submitted an attainment plan and base year inventory for the West Virginia portion of the Area. On September 7, 2011 (76 FR 55542), EPA made a determination that the Huntington-Ashland Area is attaining the 1997 Annual PM<E T="52">2.5</E>NAAQS. Pursuant to 40 CFR 51.1004(c), upon a determination by EPA that an area designated nonattainment for the PM<E T="52">2.5</E>NAAQS has attained the standard, the requirement for such an area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress plan (RFP), contingency measures, and other planning SIPs related to the attainment of the PM<E T="52">2.5</E>NAAQS are suspended until the area is redesignated to attainment or EPA determines that the area has again violated the PM<E T="52">2.5</E>NAAQS, at which time such plans are required to be submitted. The May 28, 2009 submittal is relevant to this proposed action to redesignate the West Virginia portion of the Area only with respect to the base year inventory that was submitted with the attainment plan. In a separate rulemaking action, as detailed below, EPA has proposed approval of the base year inventory, which, upon final approval, will meet the requirements of CAA section 172(c)(3), one of the criteria for redesignation.<E T="03">See</E>77 FR 60085 (Oct. 2, 2012).</P>

        <P>The General Preamble for Implementation of Title I also discusses the evaluation of these requirements in the context of EPA's consideration of a redesignation request. The General Preamble sets forth EPA's view of applicable requirements for purposes of evaluating redesignation requests when<PRTPAGE P="68081"/>an area is attaining the standard.<E T="03">See</E>General Preamble for Implementation of Title I (57 FR 13498 (April 16, 1992)).</P>

        <P>Because attainment has been reached for the Area, no additional measures are needed to provide for attainment, and CAA section 172(c)(1) requirements for an attainment demonstration and RACM are no longer considered to be applicable for purposes of redesignation as long as the area continues to attain the standard until redesignation.<E T="03">See</E>40 CFR 51.1004(c). The RFP requirement under CAA section 172(c)(2) and contingency measures requirement under CAA section 172(c)(9) are similarly not relevant for purposes of redesignation.</P>

        <P>Section 172(c)(3) of the CAA requires submission of a comprehensive, accurate, and current inventory of actual emissions. As part of West Virginia's attainment plan submittal, the State submitted a 2002 emissions inventory. As previously noted, on September 7, 2011 (76 FR 55542), EPA determined that the Huntington-Ashland Area attained the 1997 annual PM<E T="52">2.5</E>NAAQS, based on complete, quality-assured data for the period of 2007-2009. That rulemaking action suspended certain planning requirements related to attainment, including the RACT/RACM requirement of section 172(c)(1), the RFP requirement of CAA section 172(c)(2), the attainment demonstration requirement of CAA section 172(c)(3), and the requirement for contingency measures in CAA section 172(c)(9). As a result of the determination of attainment, the only remaining requirement under CAA section 172 to be considered for purposes of redesignation of the West Virginia portion of the Area is the emissions inventory required under CAA section 172(c)(3). On October 2, 2012 (77 FR 60085), EPA proposed approval of the base year inventory for the West Virginia portion of the Area for the 1997 annual PM<E T="52">2.5</E>NAAQS. An evaluation of West Virginia's 2002 base year inventory for the West Virginia portion of the Area is provided in the Technical Support Document (TSD) prepared by EPA for that rulemaking action. In that action, EPA determined that the emissions inventory and emissions statement requirements for the West Virginia portion of the Area have been satisfied, and proposed to approve the inventory as meeting the requirements of CAA section 172. Final approval of the emissions inventory in that action will satisfy the emissions inventory requirement for redesignation under CAA section 172(c)(3).</P>

        <P>Section 172(c)(4) of the CAA requires the identification and quantification of allowable emissions for major new and modified stationary sources in an area, and CAA section 172(c)(5) requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. EPA has determined that, since prevention of significant deterioration (PSD) requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a nonattainment new source review (NSR) program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Asssistant Administrator for Air and Radiation, dated October 14, 1994, entitled,<E T="03">“Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.”</E>Nevertheless, West Virginia currently has an approved NSR program, codified in 45 CSR 19.<E T="03">See</E>71 FR 64468 (November 2, 2006) (approving NSR program into the SIP) and 77 FR 63736 (October 17, 2012) (approving revisions to West Virginia's PSD program). However, the State's PSD program for annual PM<E T="52">2.5</E>will become effective in the Huntington-Ashland Area upon redesignation to attainment.</P>
        <P>Section 172(c)(6) of the CAA requires the SIP to contain control measures necessary to provide for attainment of the standard. Because attainment has been reached for the Area, no additional measures are needed to provide for attainment.</P>
        <P>Section 172(c)(7) of the CAA requires the SIP to meet the applicable provisions of CAA section 110(a)(2). As noted previously, we believe the West Virginia SIP meets the requirements of CAA section 110(a)(2) that are applicable for purposes of redesignation.</P>
        <P>Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded or approved under title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other Federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability which EPA promulgated pursuant to its authority under the CAA.</P>

        <P>EPA interprets the conformity SIP requirements as not applying for purposes of evaluating a redesignation request under CAA section 107(d) because state conformity rules are still required after redesignation, and Federal conformity rules apply where state rules have not been approved.<E T="03">See Wall</E>v.<E T="03">EPA,</E>265 F. 3d 426 (6th Cir. 2001) (upholding this interpretation);<E T="03">see also</E>60 FR 62748 (Dec. 7, 1995) (discussing Tampa, Florida). Thus, EPA determines that the Huntington-Ashland Area has satisfied all applicable requirements for purposes of redesignation under CAA section 110 and, upon final approval of the 2002 base year inventory proposed on October 2, 2012, will have satisfied all applicable requirements under part D of title I of the CAA.</P>
        <HD SOURCE="HD3">c. The West Virginia Portion of the Area Has a Fully Approved Applicable SIP Under Section 110(k) of the CAA</HD>

        <P>Upon final approval of the 2002 base year inventory, as proposed in the October 2, 2012 rulemaking action, EPA will have fully approved the West Virginia portion of the Area under section 110(k) of the CAA for all requirements applicable for purposes of redesignation to attainment for the 1997 annual PM<E T="52">2.5</E>standard. Therefore, upon final approval of the 2002 base year emissions inventory, EPA will have approved all part D subpart 1 requirements applicable for purposes of this redesignation.</P>
        <HD SOURCE="HD2">3. The Air Quality Improvement in the West Virginia Portion of the Area Is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the SIP and Applicable Federal Air Pollution Control Regulations and Other Permanent and Enforceable Reductions</HD>

        <P>For redesignating a nonattainment area to attainment, CAA section 107(d)(3)(E)(iii) requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable Federal air pollution control regulations and other permanent and enforceable reductions. EPA believes that West Virginia has demonstrated that the observed air quality improvement in the West Virginia portion of the Area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, Federal measures, and other/state-adopted measures. In making this<PRTPAGE P="68082"/>demonstration, West Virginia has calculated the change in emissions between 2005, one of the years used to designate the Huntington-Ashland Area as nonattainment, and 2008, one of the years for which the Huntington-Ashland Area monitored attainment. The reduction in emissions and the corresponding improvement in air quality over this time period can be attributed to a number of regulatory control measures that the Huntington-Ashland Area and contributing areas have implemented in recent years.</P>
        <HD SOURCE="HD3">a. Federal Measures Implemented</HD>
        <P>Reductions in fine particulate precursor emissions have occurred statewide and in upwind states as a result of Federal emission control measures with additional emission reductions expected to occur in the future. Federal emission control measures include the following:</P>
        <HD SOURCE="HD3">(1) Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards</HD>
        <P>These emission control requirements result in lower NO<E T="52">X</E>and SO<E T="52">2</E>emissions from new cars and light duty trucks, including sport-utility vehicles. The Federal rules were phased in between 2004 and 2009. EPA has estimated that, after phasing in the new requirements, new vehicles emit less NO<E T="52">X</E>in the following percentages: Passenger cars (light duty vehicles—77%); light duty trucks, minivans, and sports utility vehicles—86%; and, larger sports utility vehicles, vans, and heavier trucks—69-95%. EPA expects fleet wide average emissions to decline by similar percentages as new vehicles replace older vehicles. The Tier 2 standards also reduced the sulfur content of gasoline to 30 parts per million (ppm) beginning in January 2006, up to a 90 percent reduction.</P>
        <HD SOURCE="HD3">(2) Heavy-Duty Diesel Engine Rule</HD>

        <P>EPA issued this rule in July 2000. This rule includes standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase took effect in 2007 which reduced fine particulate emissions from heavy-duty highway engines and further reduced the highway diesel fuel sulfur content to 15 ppm. The total program is estimated to achieve a 90% reduction in direct PM<E T="52">2.5</E>emissions and a 95% reduction in NO<E T="52">X</E>emissions for these new engines using low sulfur diesel, compared to existing engines using higher sulfur diesel fuel. The reduction in fuel sulfur content also yielded an immediate reduction in particulate sulfate emissions from all diesel vehicles.</P>
        <HD SOURCE="HD3">(3) Nonroad Diesel Rule</HD>
        <P>In May 2004, EPA promulgated a new rule for large nonroad diesel engines, such as those used in construction, agriculture, and mining, to be phased in between 2008 and 2014. The rule also reduces the sulfur content in nonroad diesel fuel by over 99%. Prior to 2006, nonroad diesel fuel averaged approximately 3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to 500 ppm by 2006, with a further reduction to 15 ppm by 2010.</P>
        <HD SOURCE="HD3">b. Controls on PM<E T="52">2.5</E>Precursors</HD>

        <P>The Area's air quality is strongly affected by regulation of SO<E T="52">2</E>and NO<E T="52">X</E>from power plants. EPA promulgated the NO<E T="52">X</E>SIP Call, CAIR, and CSAPR to address SO<E T="52">2</E>and NO<E T="52">X</E>emissions from EGUs and certain non-EGUs across the eastern United States. The affected EGUs in the West Virginia portion of the Area are two American Electric Power (AEP) generating stations in Mason County.</P>
        <HD SOURCE="HD3">(1) NO<E T="52">X</E>SIP Call</HD>
        <P>EPA issued the NO<E T="52">X</E>SIP Call in 1998 to require 22 states and the District of Columbia to reduce NO<E T="52">X</E>emissions from large EGUs and large non-EGUs such as industrial boilers, internal combustion engines, and cement kilns. (63 FR 57356, October 27, 1998). EPA approved West Virginia's Phase I NO<E T="52">X</E>SIP Call rule in 2002 and its Phase II rule in 2006. Emission reductions resulting from regulations developed in response to the NO<E T="52">X</E>SIP Call are permanent and enforceable.</P>
        <HD SOURCE="HD3">(2) CAIR and CSAPR</HD>

        <P>EPA approved West Virginia's CAIR rules in 2009 (74 FR 38536, August 4, 2009). The maintenance plan for the West Virginia portion of the Area thus lists CAIR as a control measure for the purpose of reducing SO<E T="52">2</E>and NO<E T="52">X</E>emissions from EGUs. Because the Transport Rule had not been finalized and CAIR was in place when West Virginia submitted its redesignation request and maintenance plan, inclusion of CAIR as a control measure was consistent with EPA policy at that time.</P>
        <P>As previously discussed, the D.C. Circuit's 2008 remand of CAIR left the rule in place to “temporarily preserve the environmental values covered by CAIR” until EPA replaced it with a rule consistent with the Court's opinion, and the court's August 2012 decision on the Transport Rule also left CAIR in effect until the legal challenges to the Transport Rule are resolved. As noted, EPA believes it is appropriate to allow states to rely on CAIR, and the existing emissions reductions achieved by CAIR, as sufficiently permanent and enforceable pending a valid replacement rule, for purposes such as redesignation.</P>

        <P>Furthermore, as previously discussed, the air quality modeling analysis conducted for the Transport Rule demonstrates that the Huntington-Ashland Area would be able to attain the 1997 annual PM<E T="52">2.5</E>NAAQS even in the absence of either CAIR or the Transport Rule. EPA's modeling projections show that all ambient monitors in the Area are expected to continue to maintain compliance in the 2012 and 2014 “no CAIR” base cases. Therefore, none of the ambient monitoring sites in the Huntington-Ashland Area are “receptors” that EPA projects will have future nonattainment problems or difficulty maintaining the NAAQS.</P>
        <HD SOURCE="HD3">c. Federal Consent Decrees</HD>

        <P>EGUs in this Area are subject to Federal consent decrees that have reduced emissions of NO<E T="52">X</E>and SO<E T="52">2</E>in the Area. There are two AEP EGUs in Mason County, the partial county portion of the West Virginia portion of the Area. These are the Mountaineer Power Station (Mountaineer) and the Philip Sporn Power Station (Philip Sporn). As part of a Federally enforceable consent decree, Mountaineer was required, starting in January 2008, to operate its selective catalytic reduction (SCR) continuously to control NO<E T="52">X</E>emissions, and to operate continuously its Flue Gas Desulfurization (FGD) to reduce SO<E T="52">2</E>emissions starting in December 2007.</P>

        <P>Since 2008, additional controls have or will be installed on EGUs within the West Virginia portion of the Area and in Kentucky and Ohio, which will continue to contribute to the reductions in precursor pollutants for PM<E T="52">2.5</E>. Pursuant to the Federally enforceable consent decree, Philip Sporn installed and began operation of selective non-catalytic reduction (SNCR) to control NO<E T="52">X</E>emissions on Units 3 and 4 starting in January 2009 and is required to retire, retrofit, or repower Unit 5 by December 31, 2013. Several EGUs in Gallia and Adams Counties in Ohio have installed controls as a result of Federally enforceable consent decrees. Two units at the General J. M. Gavin Station (owned or operated by AEP) in Gallia County, Ohio were required to continuously operate SNCR starting in December 2009, and five units at the Kyger Creek Station in Gallia County have installed and continuously operated SNCRs since January, 2009. Additionally, Kyger Creek Station plans to install and operate FGDs in 2012.<PRTPAGE P="68083"/>Also, four units at the J.M. Stuart DP&amp;L Station in Adams County, Ohio have been operating year round SNCR since 2009, and one unit at Big Sandy Power Station (owned and/or operated by AEP) in Lawrence County, KY was required by consent decree to install and continuously operate SCR starting in January 2009 and a FGD starting in December 2015.</P>

        <P>A summary of the emissions reductions from 2005 to 2009 for the entire Huntington-Ashland Area is provided in Table 2 below. As discussed below, West Virginia's maintenance plan provides for verification of continued attainment by performing triennial reviews of emissions inventories for all PM<E T="52">2.5</E>precursors, as well as contingency measures to ensure that the NAAQS is maintained into the future if monitored increases in ambient PM<E T="52">2.5</E>concentrations occur.</P>
        <GPOTABLE CDEF="s50,12,12,12,12" COLS="5" OPTS="L2,i1">
          <TTITLE>Table 2—Actual Emission Reductions From Coal Fired Utilities in the Huntington-Ashland Area for the Period 2005-2009</TTITLE>
          <BOXHD>
            <CHED H="1">Facility—county</CHED>
            <CHED H="1">Emission differences from 2005-2009 (tpy)</CHED>
            <CHED H="2">SO<E T="52">2</E>
            </CHED>
            <CHED H="2">Percent reduction</CHED>
            <CHED H="2">NO<E T="52">X</E>
            </CHED>
            <CHED H="2">Percent reduction</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">Kentucky</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Big Sandy—Lawrence County</ENT>
            <ENT>9,783</ENT>
            <ENT>20</ENT>
            <ENT>7,624</ENT>
            <ENT>61</ENT>
          </ROW>
          <ROW>
            <ENT I="22">West Virginia</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Mountaineer—Mason County</ENT>
            <ENT>40,214</ENT>
            <ENT>94</ENT>
            <ENT>10,073</ENT>
            <ENT>79</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Philip Sporn—Mason County</ENT>
            <ENT>22,433</ENT>
            <ENT>57</ENT>
            <ENT>5,020</ENT>
            <ENT>56</ENT>
          </ROW>
          <ROW>
            <ENT I="22">Ohio</ENT>
          </ROW>
          <ROW>
            <ENT I="03">JM Stuart—Adams County</ENT>
            <ENT>42,224</ENT>
            <ENT>40</ENT>
            <ENT>16,124</ENT>
            <ENT>66</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Killen Station—Adams County</ENT>
            <ENT>17,592</ENT>
            <ENT>90</ENT>
            <ENT>3,083</ENT>
            <ENT>52</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Gen JM Gavin—Gallia County</ENT>
            <ENT>1,701</ENT>
            <ENT>6</ENT>
            <ENT>31,800</ENT>
            <ENT>82</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Kyger Creek—Gallia County</ENT>
            <ENT>16,032</ENT>
            <ENT>22</ENT>
            <ENT>15,209</ENT>
            <ENT>82</ENT>
          </ROW>
          <TNOTE>Source: Clean Air Markets Data and Maps database (<E T="03">http://camddataandmaps.epa.gov/</E>).</TNOTE>
        </GPOTABLE>

        <P>Based on the information summarized above, West Virginia has adequately demonstrated that the improvement in air quality is due to permanent and enforceable emissions reductions. The reductions result from Federal requirements, regulation of precursors under the NO<E T="52">X</E>SIP Call and CAIR, and Federal consent decrees affecting EGUs in the Huntington-Ashland Area, which are permanent and enforceable.</P>
        <P>Additionally, because PM<E T="52">2.5</E>concentrations in the Huntington-Ashland Area are impacted by the transport of sulfates and nitrates, as noted previously, the Area's air quality is strongly affected by regulation of SO<E T="52">2</E>and NO<E T="52">X</E>emissions from EGUs in states in the region that significantly contribute to the Area. Table 3 shows statewide EGU emissions data for the years 2002, 2008 and 2010 for the states that are significantly contributing to the air quality in the Huntington-Ashland Area. Emissions for 2008 and 2010 reflect the implementation of CAIR.</P>
        <GPOTABLE CDEF="s25,10,10,10,10,10,10,10,10" COLS="9" OPTS="L2,i1">
          <TTITLE>Table 3—Comparison of 2002, 2008, and 2010 EGU NO<E T="52">X</E>and SO<E T="52">2</E>Emissions for States That Contribute to the Huntington-Ashland Area</TTITLE>
          <BOXHD>
            <CHED H="1">State</CHED>
            <CHED H="1">NO<E T="52">X</E>(tpy)</CHED>
            <CHED H="2">2002</CHED>
            <CHED H="2">2008</CHED>
            <CHED H="2">2010</CHED>
            <CHED H="2">Net change 2002-2008 (percent)</CHED>
            <CHED H="1">SO<E T="52">2</E>(tpy)</CHED>
            <CHED H="2">2002</CHED>
            <CHED H="2">2008</CHED>
            <CHED H="2">2010</CHED>
            <CHED H="2">Net change 2002-2008 (percent)</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Alabama</ENT>
            <ENT>161,559</ENT>
            <ENT>112,625</ENT>
            <ENT>63,289</ENT>
            <ENT>−30</ENT>
            <ENT>448,248</ENT>
            <ENT>357,546</ENT>
            <ENT>204,189</ENT>
            <ENT>−20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Georgia</ENT>
            <ENT>146,456</ENT>
            <ENT>105,894</ENT>
            <ENT>60,521</ENT>
            <ENT>−27</ENT>
            <ENT>512,654</ENT>
            <ENT>514,539</ENT>
            <ENT>218,836</ENT>
            <ENT>&lt;1</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Illinois</ENT>
            <ENT>174,247</ENT>
            <ENT>119,976</ENT>
            <ENT>76,299</ENT>
            <ENT>−31</ENT>
            <ENT>353,699</ENT>
            <ENT>257,431</ENT>
            <ENT>220,092</ENT>
            <ENT>−27</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Indiana</ENT>
            <ENT>281,146</ENT>
            <ENT>196,580</ENT>
            <ENT>120,924</ENT>
            <ENT>−30</ENT>
            <ENT>778,868</ENT>
            <ENT>595,966</ENT>
            <ENT>414,764</ENT>
            <ENT>−23</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Kentucky</ENT>
            <ENT>198,599</ENT>
            <ENT>157,847</ENT>
            <ENT>91,824</ENT>
            <ENT>−20</ENT>
            <ENT>482,653</ENT>
            <ENT>344,356</ENT>
            <ENT>266,204</ENT>
            <ENT>−22</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Michigan</ENT>
            <ENT>132,624</ENT>
            <ENT>103,473</ENT>
            <ENT>76,130</ENT>
            <ENT>−20</ENT>
            <ENT>342,999</ENT>
            <ENT>326,501</ENT>
            <ENT>242,188</ENT>
            <ENT>−4</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Missouri</ENT>
            <ENT>139,799</ENT>
            <ENT>88,600</ENT>
            <ENT>58,364</ENT>
            <ENT>−36</ENT>
            <ENT>235,532</ENT>
            <ENT>258,269</ENT>
            <ENT>236,216</ENT>
            <ENT>9</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ohio</ENT>
            <ENT>370,497</ENT>
            <ENT>235,018</ENT>
            <ENT>104,839</ENT>
            <ENT>−36</ENT>
            <ENT>1,132,069</ENT>
            <ENT>709,444</ENT>
            <ENT>572,126</ENT>
            <ENT>−37</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pennsylvania</ENT>
            <ENT>200,909</ENT>
            <ENT>175,219</ENT>
            <ENT>125,486</ENT>
            <ENT>−12</ENT>
            <ENT>889,766</ENT>
            <ENT>631,915</ENT>
            <ENT>393,196</ENT>
            <ENT>−28</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tennessee</ENT>
            <ENT>155,996</ENT>
            <ENT>85,543</ENT>
            <ENT>31,073</ENT>
            <ENT>−43</ENT>
            <ENT>336,995</ENT>
            <ENT>208,069</ENT>
            <ENT>119,023</ENT>
            <ENT>−38</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">West Virginia</ENT>
            <ENT>225,371</ENT>
            <ENT>97,331</ENT>
            <ENT>51,393</ENT>
            <ENT>−56</ENT>
            <ENT>507,110</ENT>
            <ENT>301,574</ENT>
            <ENT>106,087</ENT>
            <ENT>−40</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT>2,025,644</ENT>
            <ENT>1,478,106</ENT>
            <ENT>860,142</ENT>
            <ENT>−27</ENT>
            <ENT>5,785,061</ENT>
            <ENT>4,505,610</ENT>
            <ENT>2,992,921</ENT>
            <ENT>−22</ENT>
          </ROW>
          <TNOTE>Source: Clean Air Markets Data and Maps database (<E T="03">http://camddataandmaps.epa.gov/</E>).</TNOTE>
        </GPOTABLE>

        <P>Table 3 shows that the states impacting the Huntington-Ashland Area reduced NO<E T="52">X</E>and SO<E T="52">2</E>emissions from EGUs by 547,538 tpy and 979,451 tpy, respectively, between 2002 and 2008. This table also includes emissions from the contributing states in 2010, which shows the continuing, generally downward trend of NO<E T="52">X</E>and SO<E T="52">2</E>emissions from these states.</P>
        <HD SOURCE="HD2">4. The West Virginia Portion of the Area Has a Fully Approvable Maintenance Plan Pursuant to Section 175A of the CAA</HD>

        <P>In conjunction with its request to redesignate the West Virginia portion of the Area to attainment status, West<PRTPAGE P="68084"/>Virginia submitted a SIP revision to provide for maintenance of the 1997 annual PM<E T="52">2.5</E>NAAQS in the Area for at least 10 years after redesignation. West Virginia is requesting that EPA approve this SIP revision as meeting the requirement of CAA section 175A. Once approved, the maintenance plan for the West Virginia portion of the Area will ensure that the SIP for West Virginia meets the requirements of the CAA regarding maintenance of the 1997 annual PM<E T="52">2.5</E>NAAQS for this area.</P>
        <HD SOURCE="HD3">a. Requirements of a Maintenance Plan</HD>

        <P>Section 175 of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under CAA section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after approval of a redesignation of an area to attainment. Eight years after the redesignation, West Virginia must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the 10 years following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain such contingency measures, with a schedule for implementation, as EPA deems necessary to assure prompt correction of any future PM<E T="52">2.5</E>violations. The John Calcagni memorandum entitled<E T="03">“Procedures for Processing Requests to Redesignate Areas to Attainment,”</E>dated September 4, 1992, provides additional guidance on the content of a maintenance plan. The memorandum states that a PM<E T="52">2.5</E>maintenance plan should address the following provisions:</P>
        <P>(1) An attainment emissions inventory;</P>
        <P>(2) A maintenance demonstration showing maintenance for 10 years;</P>
        <P>(3) A commitment to maintain the existing monitoring network;</P>
        <P>(4) Verification of continued attainment; and</P>
        <P>(5) A contingency plan to prevent or correct future violations of the NAAQS.</P>
        <HD SOURCE="HD3">b. Analysis of the Maintenance Plan</HD>
        <HD SOURCE="HD3">(1) Attainment Emissions Inventory</HD>

        <P>An attainment inventory is comprised of the emissions during the time period associated with the monitoring data showing attainment. WVDEP developed emissions inventories for NO<E T="52">X</E>, direct PM<E T="52">2.5</E>, and SO<E T="52">2</E>for 2008, one of the years in the period during which the Huntington-Ashland Area monitored attainment of the 1997 annual PM<E T="52">2.5</E>standard, as described previously. The 2008 point source inventory contained emissions for EGUs and non-EGUs in Cabell and Wayne Counties. For the portion of Mason County that is part of this nonattainment area, the Mountaineer Plant, Sporn Plant, and New Haven Plant are included in the inventory. WVDEP used data from EPA's CAMD database to compile the EGU and non-EGU inventory. For the 2008 Area and Nonroad Mobile source emissions, WVDEP used the 2008 National Emissions Inventory (NEI) version 1.5 data developed by EPA. The 2008 Onroad Mobile source inventory was developed using the most current version of EPA's highway mobile source emissions model MOVES2010a. WVDEP used the Kentucky, Ohio, and West Virginia (KYOVA) Travel Demand Model, which is the most recent travel demand model provided by the KYOVA Interstate Planning Commission that covers the nonattainment counties in WV. Information from the travel demand models combined with Highway Performance Monitoring Systems (HPMS) county-level data from each area were used in the emissions analysis. Additional data needed for input into the MOVES2010a model was provided by the Ohio Department of Transportation (ODOT), Ohio EPA, West Virginia Department of Transportation (WVDOT), WVDEP, Kentucky Transportation Cabinet (KYTC) and the Kentucky Division of Air Quality (KDAQ).</P>
        <HD SOURCE="HD3">(2) Maintenance Demonstration</HD>

        <P>On June 30, 2011, the WVDEP submitted a maintenance plan for the West Virginia portion of the Area as required by section 175A of the CAA. WVDEP uses projection inventories to show that the Area will remain in attainment and developed projection inventories for an interim year of 2015 and a maintenance plan end year of 2022 to show that future emissions of NO<E T="52">X</E>, SO<E T="52">2</E>, and direct PM<E T="52">2.5</E>will remain at or below the attainment year 2008 emissions levels throughout the West Virginia portion of the Area through the year 2022. A maintenance demonstration need not be based on modeling.<E T="03">See Wall</E>v.<E T="03">EPA, supra; Sierra Club</E>v.<E T="03">EPA, supra. See also</E>66 FR at 53099-53100; 68 FR at 25430-32. The projection inventories for the 2015 and 2022 point, area, and nonroad sources were based on the 2012 and 2018 Visibility Improvement State and Tribal Assoiation of the Southeast (VISTAS)/Association of Southeastern Integrated Planning (ASIP) modeling inventory.</P>
        <HD SOURCE="HD3">(a) Point Sources</HD>

        <P>West Virginia developed the 2015 point source inventory by interpolation between VISTAS/ASIP 2012 and 2018 modeling inventory. The 2022 EGU inventory for PM<E T="52">2.5</E>, NO<E T="52">X</E>, and SO<E T="52">2</E>was kept the same as the VISTAS/ASIP 2018 inventory. The 2022 non-EGU inventory was extrapolated from the 2012 and 2018 inventory. Point source emissions for 2012 and 2018 were developed for EGUs and non-EGUs. For EGUs, WVDEP used the projection inventory developed by VISTAS/ASIP. VISTAS/ASIP analysis was based on EPA's IPM model. The VISTAS/ASIP analysis projected future year emissions for EGUs under several scenarios based on the best information available at the time of the analysis. WVDEP used the “on the way” (OTW) projections, which took into account the reductions required by CAIR, as a basis for 2012 and 2018 EGU emissions. VISTAS/ASIP used EPA's EGAS, Version 4.0 to make the projections for non-EGUs, incorporating the growth factors suggested in the reports entitled Development of Growth Factors for Future Year Modeling Inventories (April 30, 2004) and CAIR Emission Inventory Overview (July 23, 2004). EPA has reviewed the VISTAS documentation provided by WVDEP and found the methodologies acceptable.</P>
        <HD SOURCE="HD3">(b) Area Sources</HD>
        <P>Area source emissions for 2015 were interpolated from the VISTAS/ASIP 2012 and 2018 inventories. The 2022 emissions were extrapolated from the VISTAS/ASIP 2012 and 2018 inventories. Growth and controls for emissions were based on the methodologies applied by EPA for the CAIR analysis.</P>
        <HD SOURCE="HD3">(c) Nonroad Sources</HD>

        <P>Nonroad source emissions, including aircraft, locomotives, and commercial marine vessels (CMV) for 2015 were interpolated from the VISTAS/ASIP 2012 and 2018 inventories. CMV source emissions for SO<E T="52">2</E>included in the 2022 inventory were held constant at 2018 levels because no further reduction in fuel sulfur content is expected. All other nonroad source emissions for 2022 were extrapolated from the VISTAS/ASIP 2012 and 2018 inventories.</P>
        <HD SOURCE="HD3">(d) Onroad Mobile Sources</HD>
        <P>The 2015 and 2022 onroad mobile source emissions were prepared using MOVES2010a following the same procedure as the 2008 inventory as described previously.</P>

        <P>EPA has determined that the emissions inventories provided by<PRTPAGE P="68085"/>WVDEP are approvable. For more information on EPA's analysis of the emissions inventories, see the TSD dated April 9, 2012, available in the docket for this rulemaking action at<E T="03">www.regulations.gov.</E>Table 4 shows the inventories for the 2008 attainment base year, the 2015 interim year, and the 2022 maintenance plan end year for the entire nonattainment area.</P>
        <GPOTABLE CDEF="s50,15,15,15,15" COLS="5" OPTS="L2,i1">
          <TTITLE>Table 4—Comparison of 2008, 2015, 2022 SO<E T="52">2</E>, NO<E T="52">X</E>, and Direct PM<E T="52">2.5</E>Emission Totals, in tpy for the Entire Huntington-Ashland Area WV-KY-OH</TTITLE>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">2008</CHED>
            <CHED H="1">2015</CHED>
            <CHED H="1">2022</CHED>
            <CHED H="1">Decrease from 2008 to 2022</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">SO<E T="52">2</E>(tpy)</ENT>
            <ENT>221,210</ENT>
            <ENT>139,263</ENT>
            <ENT>88,432</ENT>
            <ENT>132,778</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NO<E T="52">X</E>(tpy)</ENT>
            <ENT>145,527</ENT>
            <ENT>94,932</ENT>
            <ENT>68,313</ENT>
            <ENT>77,214</ENT>
          </ROW>
          <ROW>
            <ENT I="01">PM<E T="52">2.5</E>(tpy)</ENT>
            <ENT>11,701</ENT>
            <ENT>11,262</ENT>
            <ENT>11,317</ENT>
            <ENT>384</ENT>
          </ROW>
        </GPOTABLE>

        <P>Table 4 shows that, between 2008 and 2015, the entire Huntington-Ashland Area is projected to reduce SO<E T="52">2</E>emissions by 81,947 tpy, NO<E T="52">X</E>emissions by 50,595 tpy, and direct PM<E T="52">2.5</E>emissions by 439 tons. Between 2008 and 2022, the area is projected to reduce SO<E T="52">2</E>emissions by 77,214 tpy, NO<E T="52">X</E>emissions by 132,778 tpy, and direct PM<E T="52">2.5</E>emissions by 384 tpy. Thus, the projected emissions inventories show that the area will continue to maintain the 1997 annual PM<E T="52">2.5</E>NAAQS during the 10 year maintenance period.</P>
        <HD SOURCE="HD3">(3) Maintenance Demonstration Through 2023</HD>

        <P>As noted in section 4.a of this document, CAA section 175A requires a State seeking redesignation to attainment to submit a SIP revision to provide for the maintenance of the NAAQS in the area “for at least 10 years after the redesignation.” EPA has interpreted this as a showing of maintenance “for a period of ten years following redesignation.” September 4, 1992 Memorandum from John Calcagni, Director, AQMD,<E T="03">“Procedures for Processing Requests to Redesignate Areas to Attainment,”</E>p. 9. Where the emissions inventory method of showing maintenance is used, its purpose is to show that emissions during the maintenance period will not increase over the attainment year inventory. Calcagni Memorandum, pp. 9-10.</P>

        <P>As discussed in detail above, the State's maintenance plan submission expressly documents that the Area's emissions inventories will remain below the attainment year inventories through 2022. In addition, for the reasons set forth below, EPA believes that the State's submission, in conjunction with additional supporting information, further demonstrates that the Area will continue to maintain the 1997 annual PM<E T="52">2.5</E>NAAQS at least through 2023:</P>

        <P>• Significant emissions controls remain in place, and will continue to provide reductions that keep the Area in attainment. The Mountaineer Power Station was required by a permanent and enforceable consent decree to install SCR for NO<E T="52">X</E>in 2008 and to operate its FGD continuously for SO<E T="52">2</E>in 2007. Philip Sporn Power Station installed SNCR to control NO<E T="52">X</E>in 2009, and must retire, retrofit, or repower Unit 5 by the end of 2013.</P>
        <P>• West Virginia has committed to maintain all of the control measures that are relied on, and will submit any changes to EPA for approval as a SIP revision.</P>
        <P>• Emissions inventory levels for SO<E T="52">2</E>and NO<E T="52">X</E>in 2022 are well below the attainment year inventory levels (see Table 4), and it is highly improbable that sudden increases would occur that could exceed the attainment year inventory levels in 2023.</P>
        <P>• The mobile source contribution has been determined to be insignificant, and is expected to remain insignificant in 2023 with fleet turnover in upcoming years that will result in cleaner vehicles and cleaner fuels.</P>
        <P>• Air quality concentrations well below the standard, coupled with the emissions inventory projections through 2022 show that it would be very unlikely for a violation to occur in 2023. The 2009-2011 design value of 12.1 μg/m<SU>3</SU>provides a sufficient margin in the event emissions increase, and continues the downward trend of monitored data in this Area for the last several years.</P>
        <P>Thus, if EPA finalizes its proposed approval of the redesignation request and maintenance plans in 2013, it is based on a showing, in accordance with CAA section 175A, that the State's maintenance plan provides for maintenance for at least ten years after redesignation, and into 2023.</P>
        <HD SOURCE="HD3">(4) Monitoring Network</HD>

        <P>West Virginia's maintenance plan includes a commitment to continue to operate its EPA-approved monitoring network, as necessary to demonstrate ongoing compliance with the NAAQS. West Virginia currently operates a PM<E T="52">2.5</E>monitor in Cabell County. Two of the remaining monitors are located in Ohio, and one monitor is located in Kentucky. West Virginia will consult with EPA prior to making any necessary changes to the network and will continue to quality assure the monitoring data in accordance with the requirements of 40 CFR part 58.</P>
        <HD SOURCE="HD3">(5) Verification of Continued Attainment</HD>

        <P>To provide for tracking of the emission levels in the area, WVDEP requires major point sources to submit air emissions information annually and prepares a new periodic inventory for all PM<E T="52">2.5</E>precursors every three years in accordance with EPA's Air Emissions Reporting Requirements (AERR). Emissions information will be compared to the attainment year inventory to assure continued attainment with the 1997 annual PM<E T="52">2.5</E>NAAQS and will be used to assess emissions trends, as necessary.</P>
        <HD SOURCE="HD3">(6) The Maintenance Plan's Contingency Measures</HD>
        <P>The contingency plan provisions are designed to promptly correct a violation of the NAAQS that occurs after redesignation. Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to ensure that West Virginia will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the events that would “trigger” the adoption and implementation of a contingency measure(s), the contingency measure(s) that would be adopted and implemented, and the schedule indicating the time frame by which the state would adopt and implement the measure(s).</P>

        <P>The ability of the West Virginia portion of the Area to stay in compliance with the 1997 annual PM<E T="52">2.5</E>NAAQS after redesignation depends upon NO<E T="52">X</E>and SO<E T="52">2</E>emissions in the Huntington-Ashland Area remaining at<PRTPAGE P="68086"/>or below 2008 levels. West Virginia's maintenance plan projects NO<E T="52">X</E>and SO<E T="52">2</E>emissions to decrease and stay below 2008 levels through at least the year 2022. West Virginia's maintenance plan outlines the procedures for the adoption and implementation of contingency measures to further reduce emissions should a violation occur.</P>
        <P>West Virginia's contingency measures include a Warning Level Response and an Action Level response. An initial Warning Level Response is triggered when the average weighted annual mean for a single calendar year exceeds 15.5 ug/m3 within the maintenance area. In that case, a study will be conducted to determine if the emissions trends show increases; if action is necessary to reverse emissions increases, West Virginia will follow the same procedures for control selection and implementation as for an Action Level Response, and implementation of necessary controls will take place as expeditiously as possible, but no later than 12 months from the end of the most recent calendar year.</P>
        <P>The Action Level Response will be prompted by any one of the following: A Warning Level Response study that shows emissions increases; a weighted annual mean over a two-year average that exceeds the standard; or a violation of the standard in the maintenance area. If an Action Level Response is triggered, West Virginia will adopt and implement appropriate control measures within 18 months from the end of the year in which monitored air quality triggering a response occurs. West Virginia will also consider whether additional regulations that are not a part of the maintenance plan can be implemented in a timely manner to respond to the trigger.</P>

        <P>West Virginia's candidate contingency measures include the following: (1) Diesel reduction emission strategies, (2) alternative fuels and diesel retrofit programs for fleet vehicle operations, (3) PM<E T="52">2.5</E>, SO<E T="52">2</E>, and NO<E T="52">X</E>emissions offsets for new and modified major sources, (4) concrete manufacturing controls, and (5) additional NO<E T="52">X</E>reductions. Additionally, West Virginia has identified a list of sources that could potentially be controlled. These include: Industrial, commercial and institutional (ICI) boilers for SO<E T="52">2</E>and NO<E T="52">X</E>controls, EGUs, process heaters, internal combustion engines, combustion turbines, other sources greater than 100 tons per year, fleet vehicles, and aggregate processing plants.</P>

        <P>For all of the reasons discussed above, EPA is proposing to approve West Virginia's 1997 annual PM<E T="52">2.5</E>maintenance plan for the West Virginia portion of the Area as meeting the requirements of CAA section 175A.</P>
        <HD SOURCE="HD1">VII. Analysis of West Virginia's Transportation Conformity Insignificance Determination for the Huntington-Ashland Area</HD>
        <P>Under section 176(c) of the CAA, new transportation projects, such as the construction of new highways, must “conform” to (i.e., be consistent with) the part of the state's air quality plan that addresses pollution from mobile sources. “Conformity” to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of a NAAQS or an interim milestone. This is typically determined by showing that estimated emissions from existing and planned highway and transit systems are less than or equal to the motor vehicle emissions budgets (MVEBs) contained in a SIP. If a transportation plan does not “conform,” most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and ensuring conformity of such transportation activities to a SIP.</P>

        <P>When reviewing submitted “control strategy” SIPs or maintenance plans containing MVEBs, EPA must affirmatively find the MVEBs contained therein “adequate” for use in determining transportation conformity. The process for determining adequacy is set forth in the guidance<E T="03">“Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM</E>
          <E T="54">2.5</E>
          <E T="03">National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments; Response to Court Decision and Additional Rule Changes.”</E>69 FR 40004 (July 1, 2004). After EPA affirmatively finds the submitted MVEBs are adequate for transportation conformity purposes, in accordance with the guidance, the MVEBs can be used by state and Federal agencies in determining whether proposed transportation projects “conform” to the SIP as required by section 176(c) of the CAA.</P>
        <P>For budgets to be approvable, they must meet, at a minimum, EPA's adequacy criteria in 40 CFR 93.118(e)(4). However, the transportation conformity rule at 40 CFR 93.109(f) allows areas to forego establishment of MVEBs where it is demonstrated that the regional motor vehicle emissions for a particular pollutant or precursor are an insignificant contributor to the air quality problem in an area. EPA's rationale for providing for insignificance determinations may be found in the July 1, 2004 revision to the Transportation Conformity Rule. The general criteria for insignificance determinations, per 40 CFR 93.109(f), are based on a number of factors, including the percentage of motor vehicle emissions in the context of the total SIP inventory; the current state of air quality as determined by monitoring data for the relevant NAAQS; the absence of SIP motor vehicle control measures; and the historical trends and future projections of the growth of motor vehicle emissions in the area.</P>

        <P>In West Virginia's June 30, 2011 submittal, the State provided information that projects that onroad mobile source NO<E T="52">X</E>constitutes six percent or less of the Area's total NO<E T="52">X</E>emissions in 2015 and 2022 due to continuing fleet turnover and that onroad mobile source PM<E T="52">2.5</E>emissions constitute less than three percent of the Area's total PM<E T="52">2.5</E>emissions. Both projections took into consideration future vehicle miles traveled (VMT) growth. In addition, neither EPA nor the State has made any findings that volatile organic compounds (VOCs), SO<E T="52">2</E>, or ammonia (NH<E T="52">3</E>) are significant contributors to PM<E T="52">2.5</E>mobile emissions. The submittal meets the criteria in the relevant portions of 40 CFR 93.102 and 93.118 for an insignificance finding, and EPA agrees with the determination of insignificance for both NO<E T="52">X</E>and PM<E T="52">2.5</E>for the West Virginia portion of the Area. For more information on EPA's review of the determination of insignificance, see the TSD dated May 30, 2012, available in the docket for this rulemaking action at<E T="03">www.regulations.gov.</E>
        </P>
        <HD SOURCE="HD1">VIII. Proposed Actions</HD>

        <P>EPA is proposing to approve the redesignation of the West Virginia portion of the Area from nonattainment to attainment for the 1997 annual PM<E T="52">2.5</E>NAAQS. EPA has evaluated West Virginia's redesignation request and determined that, upon approval of the base year emissions inventory in the separate rulemaking action noted previously, it would meet the redesignation criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes that the monitoring data demonstrate that the Huntington-Ashland Area has attained the 1997 annual PM<E T="52">2.5</E>NAAQS and will continue to attain the standard. Final approval of this redesignation request would change the designation of the West Virginia portion of the Area from nonattainment to attainment for the 1997 annual PM<E T="52">2.5</E>standard. EPA is also proposing to approve the associated<PRTPAGE P="68087"/>maintenance plan for the West Virginia portion of the Area, submitted on June 30, 2011, as a revision to the West Virginia SIP because it meets the requirements of CAA section 175A as described previously in this notice. EPA is also proposing to approve the insignificance determination for on-road motor vehicle contribution of PM<E T="52">2.5</E>, NO<E T="52">X</E>, and SO<E T="52">2,</E>submitted by West Virginia for the West Virginia portion of the Area in conjunction with its redesignation request. As noted previously, the 30 day public comment period for the proposed insignificance determination started on November 5, 2012 and will end on December 4, 2012. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.</P>
        <HD SOURCE="HD1">IX. Statutory and Executive Order Reviews</HD>
        <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>

        <P>In addition, this rule proposing approval of West Virginia's redesignation request, maintenance plan, and transportation conformity insignificance determination for the Huntington-Ashland Area for the 1997 annual PM<E T="52">2.5</E>NAAQS does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>40 CFR Part 52</CFR>

          <P>Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, PM<E T="52">2.5</E>, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.</P>
          <CFR>40 CFR Part 81</CFR>
          <P>Air pollution control, National parks, Wilderness Areas.</P>
        </LSTSUB>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>42 U.S.C. 7401<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>W.C. Early,</NAME>
          <TITLE>Acting Regional Administrator, Region III.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27785 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Parts 52 and 81</CFR>
        <DEPDOC>[EPA-R04-OAR-2012-0327; FRL-9751-9]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; South Carolina; Redesignation of the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-Hour Ozone Moderate Nonattainment Area to Attainment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>On June 1, 2011, the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), submitted a request for EPA to redesignate the portion of York County, South Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 8-hour ozone nonattainment area (hereafter referred to as the “bi-state Charlotte Area,” or “Area”) to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the South Carolina portion of the bi-state Charlotte Area (hereafter referred to as “the York County Area”). The bi-state Charlotte Area consists of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell County (Davidson and Coddle Creek Townships) in North Carolina; and a portion of York County in South Carolina (including the Catawba Indian Nation reservation lands). EPA is proposing to approve the redesignation request for the York County Area, along with the related SIP revision, including South Carolina's plan for maintaining attainment of the ozone standard in the York County Area. EPA is also proposing to approve the motor vehicle emission budgets (MVEB) for nitrogen oxides (NO<E T="52">X</E>) and volatile organic compounds (VOC) for the years 2013 and 2022 for the York County Area. Additionally, EPA is proposing that the 2022 MVEB are consistent with maintenance in 2023. These actions are being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. EPA will take action on the North Carolina submission for the 1997 8-hour ozone redesignation request and maintenance plan for its portion of the bi-state Charlotte Area in a separate action.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before December 6, 2012.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments, identified by Docket ID No. EPA-R04-OAR-2012-0327, by one of the following methods:</P>
          <P>1.<E T="03">www.regulations.gov:</E>Follow the on-line instructions for submitting comments.</P>
          <P>2.<E T="03">Email: R4-RDS@epa.gov</E>.</P>
          <P>3.<E T="03">Fax:</E>(404) 562-9019.</P>
          <P>4.<E T="03">Mail:</E>EPA-R04-OAR-2012-0327, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency,<PRTPAGE P="68088"/>Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.</P>
          <P>5.<E T="03">Hand Delivery or Courier:</E>Ms. Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.</P>
          <P>
            <E T="03">Instructions:</E>Direct your comments to Docket ID No. EPA-R04-OAR-2012-0327. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at<E T="03">www.regulations.gov,</E>including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through<E T="03">www.regulations.gov</E>or email, information that you consider to be CBI or otherwise protected. The<E T="03">www.regulations.gov</E>Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through<E T="03">www.regulations.gov,</E>your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at<E T="03">http://www.epa.gov/epahome/dockets.htm</E>.</P>
          <P>
            <E T="03">Docket:</E>All documents in the electronic docket are listed in the<E T="03">www.regulations.gov</E>index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in<E T="03">www.regulations.gov</E>or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 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>Jane Spann or Sara Waterson of the Regulatory Development Section, in the Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann may be reached by phone at (404) 562-9029, or via electronic mail at<E T="03">spann.jane@epa.gov</E>. Ms. Waterson may be reached by phone at (404) 562-9061, or via electronic mail at<E T="03">waterson.sara@epa.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. What are the actions EPA is proposing to take?</FP>
          <FP SOURCE="FP-2">II. What is the background for EPA's proposed actions?</FP>
          <FP SOURCE="FP-2">III. What are the criteria for redesignation?</FP>
          <FP SOURCE="FP-2">IV. Why is EPA proposing these actions?</FP>
          <FP SOURCE="FP-2">V. What is EPA's analysis of the request?</FP>

          <FP SOURCE="FP-2">VI. What is EPA's analysis of South Carolina's proposed NO<E T="52">X</E>and VOC MVEB for the York County area?</FP>

          <FP SOURCE="FP-2">VII. What is the status of EPA's adequacy determination for the proposed NO<E T="52">X</E>and VOC MVEB for 2013 and 2022 for the York County area?</FP>
          <FP SOURCE="FP-2">VIII. What is the effect of EPA's proposed actions?</FP>

          <FP SOURCE="FP-2">IX. Proposed Action on the Redesignation Request and Maintenance Plan SIP Revision Including Proposed Approval of the 2013 and 2022 NO<E T="52">X</E>and VOC MVEB for the York County Area</FP>
          <FP SOURCE="FP-2">X. Statutory and Executive Order Reviews</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. What are the actions EPA is proposing to take?</HD>
        <P>EPA is proposing to take the following two separate but related actions, one of which involves multiple elements: (1) To redesignate the York County Area (including the Catawba Indian Nation reservation lands) to attainment for the 1997 8-hour ozone NAAQS and (2) to approve into the South Carolina SIP, under section 175A of the CAA, South Carolina's 1997 8-hour ozone NAAQS maintenance plan, including the associated MVEB. EPA is also notifying the public of the status of EPA's adequacy determination for the York County Area MVEB. These actions are summarized below and described in greater detail throughout this notice of proposed rulemaking.</P>
        <P>First, EPA proposes to determine that the York County Area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. In this action, EPA is proposing to approve a request to change the legal designation of the portion of York County (including the Catawba Indian Nation reservation lands) in the bi-state Charlotte Area from nonattainment to attainment for the 1997 8-hour ozone NAAQS.</P>

        <P>Second, EPA is proposing to approve South Carolina's 1997 8-hour ozone NAAQS maintenance plan for the York County Area as meeting the requirements of section 175A (such approval being one of the CAA criteria for redesignation to attainment status). The maintenance plan is designed to help keep the York County Area in attainment of the 1997 8-hour ozone NAAQS through 2022. As explained in Section V, EPA is also proposing to approve that attainment can be maintained through 2023. Consistent with the CAA, the maintenance plan that EPA is proposing to approve today also includes NO<E T="52">X</E>and VOC MVEB for the years 2013 and 2022 for the York County Area. EPA is proposing to approve (into the South Carolina SIP) the 2013 and 2022 MVEB that are included as part of South Carolina's maintenance plan for the 1997 8-hour ozone NAAQS. As explained in Sections V and VI, EPA is also proposing that the MVEB are consistent with maintenance through 2023.</P>

        <P>EPA is also notifying the public of the status of EPA's adequacy process for the newly-established NO<E T="52">X</E>and VOC MVEB for 2013 and 2022 for the York County Area. The Adequacy comment period for the York County Area 2013 and 2022 MVEB began on October 28, 2011, with EPA's posting of the availability of this submittal on EPA's Adequacy Web site (<E T="03">http://www.epa.gov/otaq/stateresources/transconf/currsips.htm</E>). The Adequacy comment period for these MVEB closed on November 28, 2011. No comments, adverse or otherwise, were received during EPA's adequacy process for the MVEB associated with South Carolina's 1997 8-hour ozone maintenance plan. Please see section VII of this proposed rulemaking for further explanation of this process and for more details on the MVEB.<PRTPAGE P="68089"/>
        </P>
        <P>Today's notice of proposed rulemaking is in response to South Carolina's June 1, 2011, SIP revision. That document addresses the specific issues summarized above and the necessary elements described in section 107(d)(3)(E) of the CAA for redesignation of the York County Area to attainment of the 1997 8-hour ozone NAAQS.</P>
        <HD SOURCE="HD1">II. What is the background for EPA's proposed actions?</HD>
        <P>On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of 0.08 parts per million (ppm) (62 FR 38856, July 18, 1997). Under EPA's regulations at 40 CFR part 50, the 1997 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). 69 FR 23857 (April 30, 2004). Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50.</P>

        <P>Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS, based on the three most recent years of ambient air quality data at the conclusion of the designation process. The bi-state Charlotte Area was designated nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004 (effective June 15, 2004) using 2001-2003 ambient air quality data (69 FR 23857, April 30, 2004). At the time of designation the bi-state Charlotte Area was classified as a moderate nonattainment area for the 1997 8-hour ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation Rule, EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA. This established an attainment date six years after the June 15, 2004, effective date for areas classified as moderate areas for the 1997 8-hour ozone nonattainment designations. Section 181 of the CAA explains that the attainment date for moderate nonattainment areas shall be as expeditiously as practicable, but no later than six years after designation, or June 15, 2010. Therefore, the bi-state Charlotte Area's original attainment date was June 15, 2010.<E T="03">See</E>69 FR 23951, April 30, 2004.</P>
        <P>On April 29, 2010,<SU>1</SU>
          <FTREF/>South Carolina submitted an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, emissions statement, a 2002 base year emissions inventory and other planning SIP revisions related to attainment of the 1997 8-hour ozone NAAQS in the York County Area.</P>
        <FTNT>
          <P>

            <SU>1</SU>South Carolina withdrew an August 31, 2007, attainment demonstration SIP for its portion of the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone area on December 22, 2008. EPA issued a finding of failure to submit for the attainment demonstration for the Charlotte NC-SC Area on May 8, 2009.<E T="03">See</E>74 FR 21550. On April 29, 2010, South Carolina resubmitted the attainment demonstration SIP with an updated supplement for the South Carolina portion of the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone area.</P>
        </FTNT>

        <P>The bi-state Charlotte Area did not attain the 1997 8-hour ozone NAAQS by June 15, 2010 (the applicable attainment date for moderate nonattainment areas); however, the Area qualified for an extension of the attainment date. Under certain circumstances, the CAA allows for extensions of the attainment dates prescribed at the time of the original nonattainment designation. In accordance with CAA section 181(a)(5), EPA may grant up to 2 one-year extensions of the attainment date under specified conditions. On May 31, 2011, EPA determined that the Area met the CAA requirements to obtain a one-year extension of the attainment date for the 1997 8-hour ozone NAAQS.<E T="03">See</E>76 FR 31245. As a result, EPA extended the bi-state Charlotte Area's attainment date from June 15, 2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS.</P>
        <P>On June 1, 2011, South Carolina requested redesignation of the York County Area to attainment for the 1997 8-hour ozone NAAQS. The redesignation request included three years of complete, quality-assured ambient air quality data for the 1997 8-hour ozone NAAQS for 2008-2010, indicating that the 1997 8-hour ozone NAAQS had been achieved for the bi-state Charlotte Area. Under the CAA, nonattainment areas may be redesignated to attainment if sufficient, complete, quality-assured data is available for the Administrator to determine that the area has attained the standard and the area meets the other CAA redesignation requirements in section 107(d)(3)(E).</P>

        <P>Subsequently, on March 7, 2012 (77 FR 13493), EPA determined that the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS by its applicable attainment date. The determination of attaining data was based upon complete, quality-assured and certified ambient air monitoring data for the 2008-2010 period, showing that the Area had monitored attainment of the 1997 8-hour ozone NAAQS. The requirements for the Area to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and other planning SIP revisions related to attainment of the standard were suspended as a result of the determination of attainment, so long as the Area continues to attain the 1997 8-hour ozone NAAQS.<E T="03">See</E>40 CFR 52.2125(a). The Area continues to attain the standard with 2009-2011 data.</P>
        <P>On January 12, 2012, South Carolina withdrew the York County portion of the Area's attainment demonstration (except RFP, emissions statements, and the emissions inventory) as allowed by 40 CFR 51.918. EPA approved the baseline emissions inventory portion of the attainment demonstration SIP revision on May 18, 2012 (77 FR 29540). Additionally, EPA approved the emissions statements portion of the attainment demonstration SIP revision on June 25, 2012 (77 FR 37812). No comments were received on either action. EPA is considering action on South Carolina's RFP plan in a separate action; however, as mentioned previously, the determination of attainment suspended South Carolina's obligation to meet this requirement for the 1997 8-hour ozone NAAQS.</P>
        <HD SOURCE="HD1">III. What are the criteria for redesignation?</HD>
        <P>The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing that: (1) The Administrator determines that the area has attained the applicable NAAQS; (2) the Administrator has fully approved the applicable implementation plan for the area under section 110(k); (3) the Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP and applicable federal air pollutant control regulations and other permanent and enforceable reductions; (4) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A; and, (5) the state containing such area has met all requirements applicable to the area for purposes of redesignation under section 110 and part D of the CAA.</P>

        <P>On April 16, 1992, EPA provided guidance on redesignation in the General Preamble for the<PRTPAGE P="68090"/>Implementation of title I of the CAA Amendments of 1990 (57 FR 13498), and supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has provided further guidance on processing redesignation requests in the following documents:</P>
        <P>1. “Ozone and Carbon Monoxide Design Value Calculations,” Memorandum from Bill Laxton, Director, Technical Support Division, June 18, 1990;</P>
        <P>2. “Maintenance Plans for Redesignation of Ozone and Carbon Monoxide Nonattainment Areas,” Memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, April 30, 1992;</P>
        <P>3. “Contingency Measures for Ozone and Carbon Monoxide (CO) Redesignations,” Memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, June 1, 1992;</P>
        <P>4. “Procedures for Processing Requests to Redesignate Areas to Attainment,” Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (hereafter referred to as the “Calcagni Memorandum”);</P>
        <P>5. “State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,” Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992;</P>
        <P>6. “Technical Support Documents (TSDs) for Redesignation of Ozone and Carbon Monoxide (CO) Nonattainment Areas,” Memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;</P>
        <P>7. “State Implementation Plan (SIP) Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or After November 15, 1992,” Memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation, September 17, 1993;</P>
        <P>8. “Use of Actual Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment Areas,” Memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, November 30, 1993;</P>
        <P>9. “Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,” Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994; and</P>
        <P>10. “Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard,” Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, May 10, 1995.</P>
        <HD SOURCE="HD1">IV. Why is EPA proposing these actions?</HD>
        <P>On June 1, 2011, the State of South Carolina, through SC DHEC, requested the redesignation of the York County Area to attainment for the 1997 8-hour ozone NAAQS. EPA's evaluation indicates that the entire bi-state Charlotte Area (including the York County Area as part of the bi-State Charlotte Area) has attained the 1997 8-hour ozone NAAQS, and that the York County Area meets the requirements for redesignation set forth in section 107(d)(3)(E), including the maintenance plan requirements under section 175A of the CAA. As a result, EPA is proposing to take the two related actions summarized in section I of this notice.</P>
        <HD SOURCE="HD1">V. What is EPA's analysis of the request?</HD>
        <P>As stated above, in accordance with the CAA, EPA proposes in today's action to: (1) Redesignate the York County Area (including the Catawba Indian Nation reservation lands) to attainment for the 1997 8-hour ozone NAAQS; and (2) approve the York County Area's 1997 8-hour ozone NAAQS maintenance plan, including the associated MVEB, into the South Carolina SIP. These actions are based upon EPA's preliminary determinations that the bi-state Charlotte Area (including the York County Area as part of the bi-State Charlotte Area) continues to attain the 1997 8-hour ozone NAAQS, and EPA's preliminary determination that South Carolina has met all other redesignation criteria for the York County Area. The five redesignation criteria provided under CAA section 107(d)(3)(E) are discussed in greater detail for the York County Area in the following paragraphs of this section.</P>
        <HD SOURCE="HD2">Criteria (1)—<E T="03">The Bi-State Charlotte Area</E>(Including the York County Area as Part of the Bi-State Charlotte Area) Has Attained the 1997 8-Hour Ozone NAAQS</HD>
        <P>For ozone, an area may be considered to be attaining the 1997 8-hour ozone NAAQS if it meets the 1997 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.10 and Appendix I of part 50, based on three complete, consecutive calendar years of quality-assured air quality monitoring data. To attain these NAAQS, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each monitor within an area over each year must not exceed 0.08 ppm. Based on the data handling and reporting convention described in 40 CFR part 50, Appendix I, the NAAQS are attained if the design value is 0.084 ppm or below. The data must be collected and quality-assured in accordance with 40 CFR part 58, and recorded in the EPA Air Quality System (AQS). The monitors generally should have remained at the same location for the duration of the monitoring period required for demonstrating attainment.</P>
        <P>On November 15, 2011, at 76 FR 70656, EPA determined that the bi-state Charlotte Area was attaining the 1997 8-hour ozone NAAQS. For that action EPA reviewed ozone monitoring data from monitoring stations in the bi-state Charlotte Area for the 1997 8-hour ozone NAAQS for 2008-2010. These data have been quality-assured and are recorded in AQS. EPA has reviewed the 2009-2011 data, which indicate that the Area continues to attain the 1997 8-hour ozone NAAQS beyond the submitted 3-year attainment period of 2008-2010. The fourth-highest 8-hour ozone average for 2008, 2009 and 2010, and the 3-year average of these values (i.e., design values), are summarized in the following Table 1 of this proposed rulemaking.</P>
        <GPOTABLE CDEF="s50,r50,12,10,10,10,10,10,10" COLS="9" OPTS="L2,i1">
          <TTITLE>Table 1—Design Value Concentrations for the Bi-State Charlotte 1997 8-Hour Ozone Area</TTITLE>
          <BOXHD>
            <CHED H="1">Location</CHED>
            <CHED H="1">County</CHED>
            <CHED H="1">Monitor ID</CHED>
            <CHED H="1">Annual arithmetic mean concentrations (ppm)</CHED>
            <CHED H="2">2008</CHED>
            <CHED H="2">2009</CHED>
            <CHED H="2">2010</CHED>
            <CHED H="2">2011</CHED>
            <CHED H="1">3-Year design values (ppm)</CHED>
            <CHED H="2">2008-2010</CHED>
            <CHED H="2">2009-2011</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Lincoln County Replacing Iron Station</ENT>
            <ENT>Lincoln</ENT>
            <ENT>37-109-0004</ENT>
            <ENT>0.079</ENT>
            <ENT>0.065</ENT>
            <ENT>0.072</ENT>
            <ENT>0.077</ENT>
            <ENT>0.072</ENT>
            <ENT>0.071</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="68091"/>
            <ENT I="01">Garinger High School</ENT>
            <ENT>Mecklenburg</ENT>
            <ENT>37-119-0041</ENT>
            <ENT>0.085</ENT>
            <ENT>0.069</ENT>
            <ENT>0.082</ENT>
            <ENT>0.088</ENT>
            <ENT>0.078</ENT>
            <ENT>0.079</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Westinghouse Blvd</ENT>
            <ENT>Mecklenburg</ENT>
            <ENT>37-119-1005</ENT>
            <ENT>0.073</ENT>
            <ENT>0.068</ENT>
            <ENT>0.078</ENT>
            <ENT>0.082</ENT>
            <ENT>0.073</ENT>
            <ENT>0.076</ENT>
          </ROW>
          <ROW>
            <ENT I="01">29 N at Mecklenburg Cab Co</ENT>
            <ENT>Mecklenburg</ENT>
            <ENT>37-119-1009</ENT>
            <ENT>0.093</ENT>
            <ENT>0.071</ENT>
            <ENT>0.082</ENT>
            <ENT>0.083</ENT>
            <ENT>0.082</ENT>
            <ENT>0.078</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Rockwell</ENT>
            <ENT>Rowan</ENT>
            <ENT>37-159-0021</ENT>
            <ENT>0.084</ENT>
            <ENT>0.071</ENT>
            <ENT>0.077</ENT>
            <ENT>0.077</ENT>
            <ENT>0.077</ENT>
            <ENT>0.075</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Enochville School</ENT>
            <ENT>Rowan</ENT>
            <ENT>37-159-0022</ENT>
            <ENT>0.082</ENT>
            <ENT>0.073</ENT>
            <ENT>0.078</ENT>
            <ENT>0.078</ENT>
            <ENT>0.077</ENT>
            <ENT>0.076</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Monroe Middle School</ENT>
            <ENT>Union</ENT>
            <ENT>37-179-0003</ENT>
            <ENT>0.08</ENT>
            <ENT>0.067</ENT>
            <ENT>0.071</ENT>
            <ENT>0.073</ENT>
            <ENT>0.072</ENT>
            <ENT>0.070</ENT>
          </ROW>
          <TNOTE>* An ozone monitor is located in York County, South Carolina; however, it is outside of the nonattainment area. This monitor is monitoring attainment of the 1997 8-hour ozone NAAQS.</TNOTE>
        </GPOTABLE>
        <P>The 3-year design value for 2008-2010 submitted by South Carolina for redesignation of the bi-state Charlotte Area is 0.082 ppm, which meets the NAAQS as described above. As mentioned above, on November 15, 2011 (76 FR 70656), EPA published a clean data determination for the bi-state Charlotte Area for the 1997 8-hour ozone NAAQS. The 2009-2011 certified data show that the bi-state Charlotte Area continues to attain the 1997 8-hour ozone NAAQS with a design value of 0.079 ppm at the Garinger High School monitor. In today's action, EPA is proposing to determine that the Area is attaining the 1997 8-hour ozone NAAQS. EPA will not go forward with the redesignation if the Area does not continue to attain until the time that EPA finalizes the redesignation. As discussed in more detail below, the State of South Carolina has committed to continue monitoring in this Area in accordance with 40 CFR part 58.</P>
        <HD SOURCE="HD2">Criteria (2)—South Carolina Has a Fully Approved SIP Under Section 110(k) for the York County Area; and Criteria (5)—South Carolina Has Met All Applicable Requirements Under Section 110 and Part D of Title I of the CAA</HD>
        <P>For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the state has met all applicable requirements under section 110 and part D of title I of the CAA (CAA section 107(d)(3)(E)(v)) and that the state has a fully approved SIP under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA proposes to find that South Carolina has met all applicable SIP requirements for the York County Area under section 110 of the CAA (general SIP requirements) for purposes of redesignation. Additionally, EPA proposes to find that the South Carolina SIP satisfies the criterion that it meets applicable SIP requirements for purposes of redesignation under part D of title I of the CAA (requirements specific to 1997 8-hour ozone nonattainment areas) in accordance with section 107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is fully approved with respect to all requirements applicable for purposes of redesignation in accordance with section 107(d)(3)(E)(ii). In making these proposed determinations, EPA ascertained which requirements are applicable to the Area and, if applicable, that they are fully approved under section 110(k). SIPs must be fully approved only with respect to requirements that were applicable prior to submittal of the complete redesignation request.</P>
        <HD SOURCE="HD3">a. The York County Area Has Met All Applicable Requirements Under Section 110 and Part D of the CAA</HD>
        <P>
          <E T="03">General SIP requirements.</E>Section 110(a)(2) of title I of the CAA delineates the general requirements for a SIP, which include enforceable emissions limitations and other control measures, means, or techniques; provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality; and programs to enforce the limitations. General SIP elements and requirements are delineated in section 110(a)(2) of title I, part A of the CAA. These requirements include, but are not limited to, the following: submittal of a SIP that has been adopted by the state after reasonable public notice and hearing; provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality; implementation of a source permit program; provisions for the implementation of part C requirements (Prevention of Significant Deterioration (PSD)) and provisions for the implementation of part D requirements (New Source Review (NSR) permit programs); provisions for air pollution modeling; and provisions for public and local agency participation in planning and emission control rule development.</P>

        <P>Section 110(a)(2)(D) requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision, EPA has required certain states to establish programs to address the interstate transport of air pollutants (e.g., NO<E T="52">X</E>SIP Call<SU>2</SU>
          <FTREF/>and the Clean Air Interstate Rule (CAIR)<SU>3</SU>

          <FTREF/>). The section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a<PRTPAGE P="68092"/>particular nonattainment area's designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, EPA does not believe that the CAA's interstate transport requirements should be construed to be applicable requirements for purposes of redesignation. However, as discussed later in this notice, addressing pollutant transport from other states is an important part of an area's maintenance demonstration.</P>
        <FTNT>
          <P>

            <SU>2</SU>On October 27, 1998 (63 FR 57356), EPA issued a NO<E T="52">X</E>SIP Call requiring the District of Columbia and 22 states to reduce emissions of NO<E T="52">X</E>in order to reduce the transport of ozone and ozone precursors. In compliance with EPA's NO<E T="52">X</E>SIP Call, South Carolina developed rules governing the control of NO<E T="52">X</E>emissions from electric generating units (EGU), major non-EGU industrial boilers, major cement kilns, and internal combustion engines. On June 28, 2002, EPA approved South Carolina's rules as fulfilling Phase I of the NO<E T="52">X</E>SIP Call (67 FR 43546).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>3</SU>On May 12, 2005 (70 FR 25162), EPA promulgated CAIR, which required 28 upwind States and the District of Columbia to revise their SIPs to include control measures that would reduce emissions of SO<E T="52">2</E>and NO<E T="52">X</E>. Various aspects of CAIR rule were petitioned in court and on December 23, 2008, the U.S. Court of Appeals for the District of Columbia Circuit remanded CAIR to EPA (<E T="03">see North Carolina</E>v.<E T="03">EPA,</E>550 F.3d 1176 (DC Circuit, December 23, 2008)), which left CAIR in place to “temporarily preserve the environmental values covered by CAIR” until EPA replaces it with a rule consistent with the Court's ruling. In response to the court's decision, EPA issued a new rule to address interstate transport of NO<E T="52">X</E>and SO<E T="52">2</E>in the eastern United States (i.e., the Transport Rule, also known as the Cross-State Air Pollution Rule).<E T="03">See</E>76 FR 48208, August 8, 2011. In a ruling on August 21, 2012, the court vacated the Transport Rule and reiterated its expectation for EPA to continue to administer CAIR until a replacement rule is in place. Therefore, CAIR is currently in effect in South Carolina.</P>
        </FTNT>

        <P>In addition, EPA believes other section 110 elements that are neither connected with nonattainment plan submissions nor linked with an area's attainment status are applicable requirements for purposes of redesignation. The area will still be subject to these requirements after the area is redesignated. The section 110 and part D requirements which are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request. This approach is consistent with EPA's existing policy on applicability (i.e., for redesignations) of conformity and oxygenated fuels requirements, as well as with section 184 ozone transport requirements.<E T="03">See</E>Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, December 7, 1995).<E T="03">See also</E>the discussion on this issue in the Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 2001).</P>

        <P>EPA completed rulemaking on a submittal from South Carolina dated December 13, 2007, addressing “infrastructure SIP” elements required for the 1997 8-hour ozone NAAQS under CAA section 110(a)(2) on July 13, 2011.<E T="03">See</E>76 FR 41111. However, these are statewide requirements that are not a consequence of the nonattainment status of the York County Area. As stated above, EPA believes that section 110 elements not linked to an area's nonattainment status are not applicable for purposes of redesignation. Therefore, EPA believes it has approved all SIP elements under section 110 that must be approved as a prerequisite for redesignating the York County Area to attainment.</P>
        <P>
          <E T="03">Title I, Part D, subpart 1 applicable SIP requirements.</E>Subpart 1 of part D, found in sections 172(c)(1) through (9) and in section 176 of the CAA, sets forth the basic nonattainment requirements applicable to all nonattainment areas. A thorough discussion of the requirements contained in section 172 can be found in the General Preamble for Implementation of title I (57 FR 13498, April 16, 1992). Subpart 2 of part D, which includes section 182 of the CAA, establishes additional specific requirements depending on the area's ozone nonattainment classification. A thorough discussion of the requirements contained in section 182 can be found in the General Preamble for Implementation of Title I (57 FR 13498).</P>
        <P>
          <E T="03">Part D Subpart 1 Section 172 Requirements and Part D, Subpart 2 Section 182 Requirements.</E>Section 172(c)(1) requires the plans for all nonattainment areas to provide for the implementation of all RACM as expeditiously as practicable and to provide for attainment of the national primary ambient air quality standards. EPA interprets this requirement to impose a duty on all nonattainment areas to consider all available control measures and to adopt and implement such measures as are reasonably available for implementation in each area as components of the area's attainment demonstration. Under section 172, states with nonattainment areas must submit plans providing for timely attainment and meeting a variety of other requirements. Section 182 of the CAA, found in subpart 2 of part D, establishes additional specific requirements depending on the area's ozone nonattainment classification. For purposes of evaluating this redesignation request, the applicable part D, subpart 2 SIP requirements for all moderate nonattainment areas are contained in sections 182(b)(1)-(5). However, pursuant to 40 CFR 51.918, EPA's November 15, 2011, determination that the Area was attaining the 8-hour ozone NAAQS suspended South Carolina's obligation to submit most of the attainment planning requirements that would otherwise apply. Specifically, the determination of attainment suspended South Carolina's obligation to submit an attainment demonstration and planning SIPs to provide for RFP, RACM, and contingency measures under sections 172(c)(9) and 182(b)(1) of the CAA.</P>
        <P>The General Preamble for Implementation of Title I (57 FR 13498, April 16, 1992) also discusses the evaluation of these requirements in the context of EPA's consideration of a redesignation request. The General Preamble sets forth EPA's view of applicable requirements for purposes of evaluating redesignation requests when an area is attaining a standard (General Preamble for Implementation of Title I (57 FR 13498, April 16, 1992)).</P>
        <P>Because attainment has been reached in the bi-state Charlotte Area, no additional measures are needed to provide for attainment for the 1997 8-hour ozone NAAQS,<SU>4</SU>
          <FTREF/>and section 172(c)(1) requirements for an attainment demonstration and RACM are no longer considered to be applicable for purposes of redesignation as long as the Area continues to attain the 1997 8-hour ozone NAAQS until redesignation. See also 40 CFR 51.918.</P>
        <FTNT>
          <P>
            <SU>4</SU>Effective July 20, 2012, EPA designated a portion of York County (excluding the Catawba Indian Nation reservation lands) as nonattainment for the 2008 8-hour ozone NAAQS. This rulemaking does not address requirements for the portion of York County that was designated nonattainment for the 2008 8-hour ozone NAAQS. Requirements for the portion of York County that was designated nonattainment for the 2008 8-hour ozone NAAQS will be addressed in the future.</P>
        </FTNT>

        <P>The RFP plan requirements under sections 172(c)(2) and 182(b)(1) are defined as progress that must be made toward attainment for the 1997 8-hour ozone NAAQS. These requirements are not relevant for purposes of redesignation because EPA has determined that the entire bi-state Charlotte Area has monitored attainment of the 1997 8-hour ozone NAAQS.<E T="03">See</E>General Preamble, 57 FR 13564.<E T="03">See</E>also 40 CFR 51.1004 (c). While it is not a requirement for redesignation, EPA is considering taking action on South Carolina's RFP plan for the 1997 8-hour ozone NAAQS separate from today's proposed action.</P>

        <P>Section 172(c)(3) and section 182(b) requires submission and approval of a comprehensive, accurate, and current inventory of actual emissions. Section 182(b) references section 182(a) of the CAA which requires, in part, for states to submit a current inventory of actual emissions (182(a)(1)). As part of South Carolina's attainment demonstration for the York County Area, South Carolina submitted a 2002 base year emissions inventory. EPA approved the 2002 base year inventory on May 18, 2012, as meeting the section 172(c)(3) and section 182(a)(1) emissions inventory requirement.<E T="03">See</E>77 FR 29540.</P>

        <P>Section 172(c)(4) requires the identification and quantification of emissions for major new and modified stationary sources to be allowed in an area, and section 172(c)(5) and section 182(b) require source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area.<PRTPAGE P="68093"/>EPA has determined that, since PSD requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, “Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.” South Carolina has demonstrated that the York County Area will be able to maintain the NAAQS without part D NSR in effect, and therefore South Carolina need not have fully approved part D NSR programs prior to approval of the redesignation request. Nonetheless, South Carolina currently has a fully-approved part D NSR program in place. South Carolina's PSD program will become applicable in the York County Area upon redesignation to attainment. Section 172(c)(6) requires the SIP to contain control measures necessary to provide for attainment of the NAAQS. Because attainment has been reached, no additional measures are needed to provide for attainment.</P>
        <P>Section 172(c)(7) requires the SIP to meet the applicable provisions of section 110(a)(2). As noted above, EPA believes the South Carolina SIP meets the requirements of section 110(a)(2) applicable for purposes of redesignation.</P>

        <P>Section 182(b) references, in part, section 182(a)(3), which requires states to submit periodic inventories and emissions statements. Section 182(a)(3)(A) of the CAA requires states to submit a periodic inventory every 3 years. The periodic emissions inventory is discussed in more detail in Criteria (4)(e),<E T="03">Verification of Continued Attainment.</E>
        </P>

        <P>Section 182(a)(3)(B) of the CAA requires states with areas designated nonattainment for the ozone NAAQS to submit a SIP revision to require emissions statements to be submitted to the state by sources within that nonattainment area. EPA approved South Carolina's emissions statements requirement, which is part of the attainment plan submittal, on June 25, 2012.<E T="03">See</E>77 FR 37812. EPA believes the South Carolina SIP meets the requirements of section 182(a)(3)(B) applicable for purposes of redesignation.</P>

        <P>Section 182(b)(2) of the CAA requires states with areas designated nonattainment for the ozone NAAQS to submit a SIP revision to require reasonably available control technology (RACT) for all major VOC and NO<E T="52">X</E>sources and for each category of VOC sources in the Area covered by a Control Techniques Guidelines (CTG) document.</P>

        <P>The CTGs established by EPA are guidance to the states and provide recommendations only. A state can develop its own strategy for what constitutes RACT for the various CTG categories, and EPA will review that strategy in the context of the SIP process and determine whether it meets the RACT requirements of the CAA and its implementing regulations. If no major sources of VOC or NO<E T="52">X</E>emissions (which should be considered separately) or no sources in a particular source category exist in an applicable nonattainment area, a state may submit a negative declaration for that category.</P>
        <P>South Carolina did a RACT analysis for major VOC and NO<E T="52">X</E>sources in the York County Area and determined that these sources met RACT. EPA approved South Carolina's RACT submittal on November 28, 2011.<E T="03">See</E>76 FR 72844. SC DHEC provided certifications to this effect to EPA within the original August 31, 2007, attainment demonstration and on February 23, 2009, for Group III, and on July, 9, 2009, for Group IV. On November 28, 2011, EPA approved South Carolina's SIP revisions in support of the negative declarations for Groups I, II, III and IV CTG, and concluded that the York County Area has met all the statutory and regulatory requirements for making a negative declaration regarding Groups I, II, III and IV CTG.<E T="03">See</E>76 FR 72844. EPA believes the South Carolina SIP meets the requirements of section 182(b)(2) applicable for purposes of redesignation.</P>

        <P>Originally, the section 182(b)(3) Stage II requirement also applied in all moderate ozone nonattainment areas. However, under section 202(a)(6) of the CAA, 42 U.S.C. 7521(a)(6), the requirements of section 182(b)(3) no longer apply in moderate ozone nonattainment areas after EPA promulgated the onboard refueling vapor recovery standards on April 6, 1994, 59 FR 16262, codified at 40 CFR parts 86 (including 86.098-8), 88 and 600. Under implementation rules issued in 2002 for the 1997 8-hour ozone NAAQS, EPA retained the Stage II-related requirements under section 182(b)(3) as they applied for the now-revoked 1-hour ozone NAAQS.<E T="03">See</E>40 CFR 51.900(f)(5) and 40 CFR 51.916(a). Therefore, the York County Area is not subject to the Stage 2 vapor recovery program requirements.</P>
        <P>Section 182(b)(4) of the CAA requires states with areas designated nonattainment for the ozone NAAQS to submit SIPs requiring inspection and maintenance of vehicles (I/M). Even though a portion of York County was designated as part of the moderate bi-state Charlotte Area for the 1997 8-hour ozone NAAQS, applicability of the I/M regulations to areas outside the Ozone Transport Region is based on the population of the urbanized area as defined by the 1990 census. As defined by the 1990 census, York County and Charlotte urbanized areas were distinct and were not contiguous. Although the Charlotte urbanized portion of the metropolitan statistical area is contiguous to the North Carolina/South Carolina border, it did not extend into South Carolina. In 1990, the York County urbanized area was totally contained within South Carolina and did not touch the State line. Therefore, the applicability level of a 1990 census population of 200,000 or more in an urbanized area (40 CFR 51.350(a)(1)) applies to each of the two urbanized areas separately. Since the York County urbanized area had a population less than 200,000, the I/M requirement in section 182(b)(4) of the CAA is not applicable to the York County Area. EPA believes the South Carolina SIP meets the requirements of section 182(b)(3) and 182(b)(4) applicable for purposes of redesignation.</P>
        <P>Section 182(b)(5) of the CAA requires that for purposes of satisfying the general emission offset requirement, the ratio of total emission reductions to total increase emissions shall be at least 1.15 to 1. South Carolina currently requires these offsets. EPA believes the South Carolina SIP meets the requirements of section 182(b)(5) applicable for purposes of redesignation.</P>
        <P>
          <E T="03">Section 176 Conformity Requirements.</E>Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs and projects that are developed, funded or approved under title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with federal conformity regulations relating to consultation, enforcement and enforceability that EPA promulgated pursuant to its authority under the CAA.<PRTPAGE P="68094"/>
        </P>
        <P>EPA interprets the conformity SIP requirements<SU>5</SU>

          <FTREF/>as not applying for purposes of evaluating a redesignation request under section 107(d) because state conformity rules are still required after redesignation and federal conformity rules apply where state rules have not been approved.<E T="03">See Wall</E>v.<E T="03">EPA,</E>265 F.3d 426 (6th Cir. 2001) (upholding this interpretation);<E T="03">see also</E>60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). Nonetheless, South Carolina has an approved conformity SIP for the York County Area.<E T="03">See</E>74 FR 37168, July 28, 2009. Thus, the York County Area has satisfied all applicable requirements for purposes of redesignation under section 110 and part D of title I of the CAA.</P>
        <FTNT>
          <P>
            <SU>5</SU>CAA section 176(c)(4)(E) requires states to submit revisions to their SIPs to reflect certain Federal criteria and procedures for determining transportation conformity. Transportation conformity SIPs are different from the MVEBs that are established in control strategy SIPs and maintenance plans.</P>
        </FTNT>
        <HD SOURCE="HD3">b. The York County Area Has a Fully Approved Applicable SIP Under Section 110(k) of the CAA</HD>

        <P>EPA has fully approved the applicable South Carolina SIP for the York County Area under section 110(k) of the CAA for all requirements applicable for purposes of redesignation. EPA may rely on prior SIP approvals in approving a redesignation request (<E T="03">see</E>Calcagni Memorandum at p. 3;<E T="03">Southwestern Pennsylvania Growth Alliance</E>v.<E T="03">Browner,</E>144 F.3d 984, 989-90 (6th Cir. 1998);<E T="03">Wall,</E>265 F.3d 426) plus any additional measures it may approve in conjunction with a redesignation action (<E T="03">see</E>68 FR 25426 (May 12, 2003) and citations therein). Following passage of the CAA of 1970, South Carolina has adopted and submitted, and EPA has fully approved at various times, provisions addressing the various 1997 8-hour ozone NAAQS SIP elements applicable in the York County Area (May 31, 1972, 37 FR 10842; 110(a)(1) and (2) for 1997 8-hour ozone NAAQS, July 13, 2011, 76 FR 41111; RACT, November 16, 2011, 76 FR 72884; emissions inventory, May 18, 2012, 77 FR 29540; emissions statement, June 25, 2012, 77 FR 37812).</P>
        <P>As indicated above, EPA believes that the section 110 elements that are neither connected with nonattainment plan submissions nor linked to an area's nonattainment status are not applicable requirements for purposes of redesignation. EPA has approved all part D subpart 1 requirements applicable for purposes of this redesignation.</P>
        <HD SOURCE="HD2">Criteria (3)<E T="03">—The Air Quality Improvement in the Bi-State Charlotte 1997 8-Hour Ozone NAAQS Nonattainment Area Is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the SIP and Applicable Federal Air Pollution Control Regulations and Other Permanent and Enforceable Reductions</E>
        </HD>
        <P>For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable federal air pollution control regulations and other permanent and enforceable reductions (CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that South Carolina has demonstrated that the observed air quality improvement in its portion of the bi-state Charlotte Area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, federal measures, and other state adopted measures. EPA does not have any information to suggest that the decrease in ozone concentrations in the York County Area is due to unusually favorable meteorological conditions.</P>
        <P>State, local and federal measures enacted in recent years have resulted in permanent emission reductions. Most of these emission reductions are enforceable through regulations. A few non-regulatory measures also result in emission reductions.</P>

        <P>The state and local measures, some of which implement federal requirements, that have been implemented to date and relied upon by South Carolina to demonstrate attainment and/or maintenance include: NSR regulations, NO<E T="52">X</E>regulations, VOC regulations, emissions inventory, emissions statements, and RACT.</P>

        <P>The Celanese Acetate Celriver Plant closed in 2006. This plant, which included six coal-fired boilers, the largest of which was rated at 320 million metric British thermal units per hour, was the largest stationary source of NO<E T="52">X</E>in the York County Area. As a result, South Carolina retired 2,493 tons of NO<E T="52">X</E>and 1,686 tons of VOC.</P>

        <P>Additionally, South Carolina identified other areas of potential reductions. North Carolina has implemented measures in the North Carolina portion of the bi-state Charlotte Area, such as North Carolina's Clean Smokestacks Act (CSA), which helps to improve air quality in the Area. EPA approved the CSA into the North Carolina SIP on September 26, 2011.<E T="03">See</E>76 FR 59250. Closures of certain facilities have resulted in continued reductions of local NO<E T="52">X</E>and VOC emissions in the bi-state Charlotte Area.</P>
        <P>The federal measures that have been implemented include the following:</P>
        <P>
          <E T="03">Tier 2 vehicle standards.</E>Implementation began in 2004 and will require all passenger vehicles in any manufacturer's fleet to meet an average standard of 0.07 grams of NO<E T="52">X</E>per mile. The Tier 2 rule also reduced the sulfur content of gasoline to 30 ppm starting in January of 2006.</P>
        <P>
          <E T="03">Large Non-road Diesel Engines rule.</E>EPA issued this rule in June 2004 (69 FR 38958), which applies to diesel engines used in industries, such as construction, agriculture, and mining. It is estimated that compliance with this rule will cut NO<E T="52">X</E>emissions from non-road diesel engines by up to 90 percent nationwide. The non-road diesel rule was fully implemented by 2010.</P>
        <P>
          <E T="03">Control Technique Guidelines.</E>South Carolina listed CTGs under federal measures implemented in the York County Area. See criteria 2(a) of section V of this action for more information.</P>
        <P>
          <E T="03">Heavy-duty gasoline and diesel highway vehicle standards.</E>EPA issued this rule in January 2001 (66 FR 5002). This rule includes standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase took effect in 2007, which further reduced the highway diesel fuel sulfur content to 15 ppm, leading to additional reductions in combustion NO<E T="52">X</E>and VOC emissions. This rule is expected to achieve a 95 percent reduction in NO<E T="52">X</E>emissions from diesel trucks and buses.</P>
        <P>
          <E T="03">Nonroad spark-ignition engines and recreational engines standards.</E>This rule was effective in 2003 and will reduce NO<E T="52">X</E>and hydrocarbon emissions.</P>
        <P>
          <E T="03">NO</E>
          <E T="54">X</E>
          <E T="03">SIP Call.</E>The NO<E T="52">X</E>SIP Call created the NO<E T="52">X</E>Budget Trading Program designed to reduce the amount of ozone that crosses state lines. By the end of 2008, ozone season emissions dropped by 62 percent from 2000 at all sources subject to the NO<E T="52">X</E>SIP Call (EPA, NO<E T="52">X</E>Budget Trading Program: 2008 Highlights, October 2009, page 3, available at<E T="03">http://www.epa.gov/airmarkets/progress/NBP_4/NBP_2008_Highlights.pdf).</E>It follows that the bi-state Charlotte nonattainment area (including the York County Area) benefited from these overall reductions, since it is part of the larger NO<E T="52">X</E>SIP Call area. The NO<E T="52">X</E>Budget Trading Program also reduced local emissions. The one source subject to the NO<E T="52">X</E>SIP Call in the York County Area, AbitibiBowater Inc.—Catawba Operations, reduced<PRTPAGE P="68095"/>ozone season NO<E T="52">X</E>emissions from 36 tons in 2003, the first year of the NO<E T="52">X</E>Budget Trading Program, to 14 tons in 2008, the final year of the NO<E T="52">X</E>Budget Trading Program.</P>

        <P>EPA has considered the relationship of the York County Area's maintenance plan to the reductions currently required pursuant to CAIR. Although CAIR was remanded to EPA, the remand of CAIR does not alter the requirements of the NO<E T="52">X</E>SIP Call and the State has now demonstrated that the bi-state Charlotte Area can maintain without any additional requirements (beyond those required by the NO<E T="52">X</E>SIP Call). Therefore, EPA has made the preliminary determination that the State's demonstration of maintenance under sections 175A and 107(d)(3)(E) remains valid based on reductions from the NO<E T="52">X</E>SIP Call.</P>
        <P>The NO<E T="52">X</E>SIP Call required states to make emissions reductions. It also provided a mechanism, the NO<E T="52">X</E>Budget Trading Program, that states could use to achieve those reductions. When EPA promulgated CAIR, it discontinued (starting in 2009) the NO<E T="52">X</E>Budget Trading Program, 40 CFR 51.121(r), but established another mechanism—the CAIR ozone season trading program—which states could use to meet their NO<E T="52">X</E>SIP Call obligations, 70 FR 25289-90. EPA notes that a number of states, when submitting SIP revisions to require sources to participate in the CAIR ozone season trading program, removed the SIP provisions that required sources to participate in the NO<E T="52">X</E>Budget Trading Program. In addition, because the provisions of CAIR including the ozone season NO<E T="52">X</E>trading program have remained in place during the remand, EPA is not currently administering the NO<E T="52">X</E>Budget Trading Program. Nonetheless, all states regardless of the current status of their regulations that previously required participation in the NO<E T="52">X</E>Budget Trading Program, will remain subject to all of the requirements in the NO<E T="52">X</E>SIP Call even if the existing CAIR ozone season trading program is withdrawn or altered. In addition, the anti-backsliding provisions of 40 CFR 51.905(f) specifically provide that the provisions of the NO<E T="52">X</E>SIP Call, including the statewide NO<E T="52">X</E>emission budgets, continue to apply after revocation of the 1-hour NAAQS. Thus, for purposes of today's action, emissions reductions associated with the NO<E T="52">X</E>SIP Call are “permanent and enforceable.”</P>
        <P>All NO<E T="52">X</E>SIP Call states have SIPs that currently satisfy their obligations under the NO<E T="52">X</E>SIP Call; the NO<E T="52">X</E>SIP Call reduction requirements are being met; and EPA will continue to enforce the requirements of the NO<E T="52">X</E>SIP Call even after any response to the CAIR remand. For these reasons, EPA believes that regardless of the status of the CAIR program, the NO<E T="52">X</E>SIP Call requirements can be relied upon in demonstrating maintenance. Here, the State has demonstrated maintenance based in part on those requirements.</P>

        <P>Additionally, EPA has preliminarily determined that South Carolina has demonstrated that attainment of the 1997 8-hour ozone NAAQS will be maintained in the York County Area with or without the implementation of CAIR or the Transport Rule. In addition, modeling conducted by EPA during the Transport Rule rulemaking process also demonstrates that the portion of York County, South Carolina that is in the Charlotte NC-SC ozone nonattainment area will have ozone levels below the 1997 8-hour standard in both 2012 and 2014 without taking into account emissions reductions from CAIR or the Transport Rule. See “Air Quality Modeling Final Rule Technical Support Document”, App. B, B-28, B-29. This modeling is available in the docket for this rulemaking. Moreover, in its August 2012 decision, the Court also ordered EPA to continue implementing CAIR. See<E T="03">EME Homer Generation LP</E>v.<E T="03">EPA,</E>slip op. at 60. In sum, neither the current status of CAIR nor the current status of the Transport Rule affects any of the criteria for proposed approval of this redesignation request for the South Carolina portion of the bi-state Charlotte Area.</P>
        <HD SOURCE="HD2">Criteria (4)<E T="03">—The York County Area Has a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA</E>
        </HD>
        <P>For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the area has a fully approved maintenance plan pursuant to section 175A of the CAA (CAA section 107(d)(3)(E)(iv)). In conjunction with its request to redesignate the York County Area to attainment for the 1997 8-hour ozone NAAQS, SC DHEC submitted a SIP revision to provide for the maintenance of the 1997 8-hour ozone NAAQS for at least 10 years after the effective date of redesignation to attainment. EPA has interpreted this as a showing of maintenance “for a period of ten years following redesignation.” (September 4, 1992 Memorandum from John Calcagni, Director, AQMD, “Procedures for Processing Requests to Redesignate Areas to Attainment,” p. 9) where the emissions inventory method of showing maintenance is used, its purpose is to show that emissions during the maintenance period will not increase over the attainment year inventory. Calcagni Memorandum, pp. 9-10.</P>

        <P>As discussed in detail in the section below, the State's maintenance plan submission expressly documents that the Area's emissions inventories will remain below the attainment year inventories through 2022. In addition, for the reasons set forth below, EPA believes that the State's submission, in conjunction with additional supporting information, further demonstrates that the Area will continue to maintain the 8-hour ozone NAAQS at least through 2023. In summary, as discussed in under “Criteria 3,” the reductions that have been realized are due to federal, state and local control measures that are anticipated to remain in place. For example, there have been local reductions attributable to North Carolina' CSA, the NO<E T="52">X</E>SIP Call, and from local plant closures. A review of the reductions achieved and the projected emissions inventories as seen in Tables 2 and 3 below, it is not anticipated that emissions in the York County Area will significantly increase between 2022 and 2023, such that these emissions would be above the 2010 attainment level emissions. For example, mobile NO<E T="52">X</E>emissions between 2010 and 2022, are estimated to be reduced by 63 percent, and it is not expected that mobile NO emissions between 2022 and 2023 will increase by 63 percent. Likewise, mobile VOC emissions between 2010 and 2022, are estimated to be reduced by 45 percent, and it is not expected that mobile VOC emissions between 2022 and 2023 will increase by 45 percent. Thus, if EPA finalizes its proposed approval of the redesignation request and maintenance plan in 2013, it is based on a showing, in accordance with section 175A, that the State's maintenance plan provides for maintenance for at least ten years after redesignation. Therefore, EPA has made the preliminary determination that this maintenance plan meets the requirements for approval under section 175A of the CAA.</P>
        <HD SOURCE="HD3">a. What is required in a maintenance plan?</HD>

        <P>Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan which demonstrates that attainment will continue to be maintained for the<PRTPAGE P="68096"/>remainder of the 20-year period following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain contingency measures as EPA deems necessary to assure prompt correction of any future 1997 8-hour ozone violations. The Calcagni Memorandum provides further guidance on the content of a maintenance plan, explaining that a maintenance plan should address five requirements: the attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a contingency plan. As is discussed more fully below, EPA proposes to find that South Carolina's maintenance plan includes all the necessary components and is thus proposing to approve it as a revision to the South Carolina SIP.</P>
        <HD SOURCE="HD3">b. Attainment Emissions Inventory</HD>

        <P>The bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS based on monitoring data for the 3-year period from 2008-2010. South Carolina selected 2010 as the attainment emissions inventory year. The attainment inventory identifies a level of emissions in the Area that is sufficient to attain the 1997 8-hour ozone NAAQS. South Carolina began development of the attainment inventory by first generating a baseline emissions inventory for the York County Area. As noted above, the year 2010 was chosen as the base year for developing a comprehensive emissions inventory for NO<E T="52">X</E>and VOC, for which projected emissions could be developed for 2013, 2016, 2019, and 2022. All large permitted sources defined as Inventory Type A sources under EPA's Air Emissions Reporting Rule are required to report emissions annually and other title V sources are required to report every three years to SC DHEC. Additionally, EPA requires SC DHEC to submit this data to the EPA Emissions Inventory System (EIS) on the same schedule. The latest year available for the Inventory Type A point source inventory submitted to EPA is 2010. For the smaller sources that report emissions every three years, the most recent emissions inventory available (2008) was used as representative of 2010 emissions. The emissions data upon which SC DHEC's maintenance plan is based were from files maintained by the SC DHEC. In addition to comparing the final year of the plan, 2022, to the base year, 2010, South Carolina compared interim years to the baseline to demonstrate that these years are also expected to show continued maintenance of the 8-hour ozone NAAQS. As mentioned above, emissions inventory levels in 2022 are well below the attainment year inventory levels, and it is highly improbable that they will suddenly increase and exceed attainment year inventory levels in 2023.</P>

        <P>The emissions inventory is composed of four major types of sources: point, area, on-road mobile and non-road mobile. The emissions inventory was projected to future years by utilizing EPA's Economic Growth Analysis System (E-GAS) version 5 software. There are two major data sources that are used as growth indicators in EGAS 5.0: the Department of Energy's (DOE) Annual Energy Outlook and version 6.0 of state-level economic models from Regional Economic Models, Inc. (REMI). In general, DOE data are expected to be used as growth indicators for fuel combustion/production categories, while REMI data will be used for all other source categories. The complete descriptions of how the inventories were developed are discussed in the appendices of the June 2, 2011, SIP revision, which can be found in the docket for this action. Non-road mobile emissions estimates were based on the EPA's NONROAD2008a non-road mobile model, with the exception of the railroad locomotives, commercial marine, and aircraft engine. These emissions are estimated by taking activity data, such as landings and takeoffs, and multiplying by an EGAS 5.0 emissions factor. On-road mobile source emissions were calculated using EPA's MOVES2010a mobile emission factors model. The 2010 NO<E T="52">X</E>and VOC emissions for the bi-state Charlotte Area, as well as the emissions for other years, were developed consistent with EPA guidance and are summarized in Tables 2 through 4 of the following subsection discussing the maintenance demonstration.</P>
        <HD SOURCE="HD3">c. Maintenance Demonstration</HD>
        <P>The June 2, 2011, final SIP revision includes a maintenance plan for the York County Area. The maintenance plan:</P>

        <P>(i) Shows compliance with and maintenance of the 8-hour ozone standard by providing information to support the demonstration that current and future emissions of NO<E T="52">X</E>and VOC remain at or below 2010 emissions levels.</P>
        <P>(ii) Uses 2010 as the attainment year and includes future emissions inventory projections for 2013, 2016, 2019, 2022.</P>

        <P>(iii) Identifies an “out year” at least 10 years (and beyond) after the time necessary for EPA to review and approve the maintenance plan. Per 40 CFR part 93, NO<E T="52">X</E>and VOC MVEB were established for an interim year (2013) and the last year (2022) of the maintenance plan (see section VI below).</P>
        <P>(iv) Provides actual and projected emissions inventories, in tons per day (tpd), for the York County Area, as shown in Tables 2 through 4 below.</P>
        <GPOTABLE CDEF="s50,8.4,8.4,8.4,8.4,8.4" COLS="6" OPTS="L2,i1">
          <TTITLE>Table 2—Actual and Projected Annual NO<E T="52">X</E>Emissions (tpd) for the York County Area*</TTITLE>
          <BOXHD>
            <CHED H="1">Sector</CHED>
            <CHED H="1">2010</CHED>
            <CHED H="1">2013</CHED>
            <CHED H="1">2016</CHED>
            <CHED H="1">2019</CHED>
            <CHED H="1">2022</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Point</ENT>
            <ENT>4.54</ENT>
            <ENT>4.64</ENT>
            <ENT>4.91</ENT>
            <ENT>5.19</ENT>
            <ENT>5.48</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Area</ENT>
            <ENT>1.1733</ENT>
            <ENT>1.2219</ENT>
            <ENT>1.2665</ENT>
            <ENT>1.3183</ENT>
            <ENT>1.3641</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Nonroad</ENT>
            <ENT>3.209</ENT>
            <ENT>2.686</ENT>
            <ENT>2.174</ENT>
            <ENT>1.817</ENT>
            <ENT>1.595</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Mobile</ENT>
            <ENT>12.05</ENT>
            <ENT>8.73</ENT>
            <ENT>6.52</ENT>
            <ENT>5.16</ENT>
            <ENT>4.42</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT>20.97</ENT>
            <ENT>17.28</ENT>
            <ENT>14.87</ENT>
            <ENT>13.49</ENT>
            <ENT>12.86</ENT>
          </ROW>
          <TNOTE>* Portion of York County within the nonattainment area.</TNOTE>
        </GPOTABLE>
        <GPOTABLE CDEF="s50,8.4,8.4,8.4,8.4,8.4" COLS="6" OPTS="L2,i1">
          <TTITLE>Table 3—Actual and Projected Annual VOC Emissions (tpd) for the York County Area*</TTITLE>
          <BOXHD>
            <CHED H="1">Sector</CHED>
            <CHED H="1">2010</CHED>
            <CHED H="1">2013</CHED>
            <CHED H="1">2016</CHED>
            <CHED H="1">2019</CHED>
            <CHED H="1">2022</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Point</ENT>
            <ENT>2.07</ENT>
            <ENT>2.06</ENT>
            <ENT>2.2</ENT>
            <ENT>2.34</ENT>
            <ENT>2.49</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Area</ENT>
            <ENT>7.1645</ENT>
            <ENT>7.3870</ENT>
            <ENT>7.5672</ENT>
            <ENT>7.7027</ENT>
            <ENT>7.8311</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Nonroad</ENT>
            <ENT>2.149</ENT>
            <ENT>1.776</ENT>
            <ENT>1.541</ENT>
            <ENT>1.438</ENT>
            <ENT>1.407</ENT>
          </ROW>
          <ROW RUL="n,s">
            <PRTPAGE P="68097"/>
            <ENT I="01">Mobile</ENT>
            <ENT>3.92</ENT>
            <ENT>3.14</ENT>
            <ENT>2.61</ENT>
            <ENT>2.29</ENT>
            <ENT>2.14</ENT>
          </ROW>
          <ROW>
            <ENT I="03"/>
            <ENT I="03">Total</ENT>
            <ENT>15.30</ENT>
            <ENT>14.36</ENT>
            <ENT>13.92</ENT>
            <ENT>13.77</ENT>
            <ENT>13.87</ENT>
          </ROW>
          <TNOTE>* Portion of York County within the nonattainment area.</TNOTE>
        </GPOTABLE>
        <GPOTABLE CDEF="s30,6,6" COLS="3" OPTS="L2,i1">
          <TTITLE>Table 4—Emission Estimates for the York County Area</TTITLE>
          <BOXHD>
            <CHED H="1">Year</CHED>
            <CHED H="1">VOC (tpd)</CHED>
            <CHED H="1">NO<E T="52">X</E>(tpd)</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">2010</ENT>
            <ENT>15.30</ENT>
            <ENT>20.97</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2013</ENT>
            <ENT>14.36</ENT>
            <ENT>17.28</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2016</ENT>
            <ENT>13.92</ENT>
            <ENT>14.87</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2019</ENT>
            <ENT>13.77</ENT>
            <ENT>13.49</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2022</ENT>
            <ENT>13.87</ENT>
            <ENT>12.86</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Difference from 2010 to 2022</ENT>
            <ENT>−1.43</ENT>
            <ENT>−8.11</ENT>
          </ROW>
        </GPOTABLE>

        <P>Tables 2 through 4 summarize the 2010 and future projected emissions of NO<E T="52">X</E>and VOC from York County. In situations where local emissions are the primary contributor to nonattainment, the ambient air quality standard should not be violated in the future as long as emissions from within the nonattainment area remain at or below the baseline with which attainment was achieved. South Carolina has projected emissions as described previously and determined that emissions in the York County Area will remain below those in the attainment year inventory for the duration of the maintenance plan.</P>

        <P>As discussed in section VI of this proposed rulemaking, a safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. The attainment level of emissions is the level of emissions during one of the years in which the area met the NAAQS. South Carolina selected 2010 as the attainment emissions inventory year for the York County Area. South Carolina calculated safety margins for years 2013 and 2022 in its submittal for years 2013, 2016, 2019, and 2022. The State has decided to allocate a safety margin to the 2013 and 2022 MVEB for the bi-state Charlotte Area. For the year 2013, the NO<E T="52">X</E>safety margin was calculated as 3,348 kilograms per day (kg/day)<SU>6</SU>

          <FTREF/>and for VOC as 853 kg/day. For the year 2022, the safety margin was calculated as 7,357 for kg/day for NO<E T="52">X</E>and 1,297 kg/day for VOC. The State has decided to allocate the full safety margin amounts to the MVEB for these years. Therefore, no remaining safety margin will be available for VOC and NO<E T="52">X</E>for the years 2013 and 2022. The MVEB to be used for transportation conformity proposes is discussed in section VI. This allocation and the resulting available safety margin for the York County Area are discussed further in section VI of this proposed rulemaking.</P>
        <FTNT>
          <P>
            <SU>6</SU>Conversion factor from kilograms to tons is 0.0011023.</P>
        </FTNT>
        <HD SOURCE="HD3">d. Monitoring Network</HD>
        <P>There is currently one monitor measuring ozone in York County. However, this monitor is not located within the nonattainment area boundary. The State of South Carolina, through SC DHEC, has committed to continue operation of the monitor in York County in compliance with 40 CFR part 58 and have thus addressed the requirement for monitoring. EPA approved South Carolina's 2011 monitoring plan on October 12, 2011.</P>
        <HD SOURCE="HD3">e. Verification of Continued Attainment</HD>
        <P>The State of South Carolina, through SC DHEC, has the legal authority to enforce and implement the requirements of the 1997 8-hour ozone maintenance plan for the York County Area. This includes the authority to adopt, implement and enforce any subsequent emissions control contingency measures determined to be necessary to correct future ozone attainment problems.</P>
        <P>South Carolina will continue to update its emissions inventory at least once every three years. In addition to the emissions inventory for 2010, the emissions inventory base year, and the last year of the maintenance plan, 2022, interim years of 2013, 2016 and 2019 were selected to show a trend analysis for maintenance of the 1997 8-hour ozone NAAQS. Tracking the progress of the maintenance plan also includes performing reviews of the updated emissions inventories for the area using the latest emissions factors, models, and methodologies. For these periodic inventories, SC DHEC will review the assumptions made for the purpose of the maintenance demonstration concerning projected growth of activity levels. In addition, SC DHEC will continue to work with local stakeholders to maintain the NAAQS as required.</P>
        <HD SOURCE="HD3">f. Contingency Measures in the Maintenance Plan</HD>
        <P>The contingency measures are designed to promptly correct a violation of the NAAQS that occurs after redesignation. Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the contingency measures to be adopted, a schedule and procedure for adoption and implementation, and a time limit for action by the state. A state should also identify specific indicators to be used to determine when the contingency measures need to be implemented. The maintenance plan must include a requirement that a state will implement all measures with respect to control of the pollutant that were contained in the SIP before redesignation of the area to attainment in accordance with section 175A(d).</P>
        <P>In the June 1, 2011, SIP revision, South Carolina affirms that all programs instituted by the State and EPA will remain enforceable and that sources are prohibited from reducing emissions controls following the redesignation of the Area. The contingency plan portion of the maintenance determination was further clarified with a July 8, 2011, letter. This letter can be found in the docket for today's action using Docket ID No. EPA-R04-OAR-2012-0327.</P>
        <P>The contingency plan included in South Carolina's June 1, 2011, SIP revision includes a triggering mechanism to determine when contingency measures are needed and a process of developing and implementing appropriate control measures. The State of South Carolina will use actual ambient monitoring data as the triggering event to determine when contingency measures should be implemented.</P>

        <P>South Carolina has identified a primary trigger as occurring when a quality assured/quality controlled (QA/QC) design value exceeds the 1997 8-hour ozone NAAQS at any monitor in the Area. In the event that the trigger is activated, SC DHEC will verify the data through QA/QC and certification;<PRTPAGE P="68098"/>analyze the data to verify monitored ozone data, meteorology, transport, and related activities to determine the possible cause of the violation; consult with North Carolina Department of Air Quality<SU>7</SU>
          <FTREF/>to determine which state will implement a contingency measure(s) within a time frame specified in the respective maintenance plan to bring the Area back into attainment; if necessary, select a contingency measure within three months after verification of an exceedance of the 1997 8-hour ozone NAAQS; and develop and implement necessary regulations as soon as practicable and within the in guidelines established in the South Carolina Administrative Procedures Act or no more than two years after selection of the appropriate measure. South Carolina further clarified this statement in the July 8, 2011, letter to EPA by defining the triggering event as the date of the design value violation, and not the final QA/QC date, such that appropriate measures would be implemented within 24 months of activating the primary trigger. Further, the guidelines set forth in the South Carolina Administrative Procedures Act state the selection of a measure and the development and implementation of necessary regulations would be expected to be completed within 24 months of activating the primary trigger. However, if it is determined that a longer schedule is required to implement specific contingency measures, then, upon selection of appropriate measures, SC DHEC will notify EPA, for approval, of the proposed schedule and provide sufficient information to demonstrate that the proposed measures are a prompt correction of the triggering event.</P>
        <FTNT>
          <P>
            <SU>7</SU>As stated earlier, there is currently one monitor measuring ozone in York County. This monitor is not located in the bi-state Charlotte Area.</P>
        </FTNT>
        <P>At least one of the following contingency measures will be adopted and implemented upon a primary triggering event:</P>
        <P>• RACT for NO<E T="52">X</E>on existing stationary sources not subject to existing requirements;</P>
        <P>• Implementation of diesel retrofit programs, including incentives for performing retrofits for fleet vehicle operations;</P>
        <P>• Alternative fuel programs for fleet vehicle operations;</P>
        <P>• Gas can and lawnmower replacement programs;</P>
        <P>• Voluntary engine idling reduction programs;</P>
        <P>• SC DHEC's<E T="03">Take a Break from the Exhaust</E>program; and</P>
        <P>• Other measures deemed appropriate at the time as a result of advances in control technologies.</P>
        <P>In addition to the trigger indicated above, as a secondary trigger South Carolina will monitor periodic emissions inventory updates and compare to actual emissions. As stated in the June 1, 2011, SIP revision, and further explained in the July 8, 2011, clarification letter, if actual emissions are greater than 10 percent of the projected emissions in the maintenance plan, SC DHEC will investigate the differences and develop an appropriate strategy for addressing the differences.</P>
        <P>EPA has concluded that the maintenance plan adequately addresses the five basic components of a maintenance plan: attainment inventory, monitoring network, verification of continued attainment, and a contingency plan. Therefore, the maintenance plan SIP revision submitted by the State of South Carolina for the York County Area meets the requirements of section 175A of the CAA, and thus EPA is proposing approval of the plan.</P>

        <HD SOURCE="HD1">VI. What is EPA's analysis of South Carolina's proposed NO<E T="52">X</E>and VOC MVEB for the York County area?</HD>
        <P>Under section 176(c) of the CAA, new transportation plans, programs, and projects, such as the construction of new highways, must “conform” to (i.e., be consistent with) the part of the state's air quality plan that addresses pollution from cars and trucks. Conformity to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS or any interim milestones. If a transportation plan does not conform, most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of such transportation activities to a SIP. The regional emissions analysis is one, but not the only, requirement for implementing transportation conformity. Transportation conformity is a requirement for nonattainment and maintenance areas. Maintenance areas are areas that were previously nonattainment for a particular NAAQS but have since been redesignated to attainment with an approved maintenance plan for that NAAQS.</P>

        <P>Under the CAA, states are required to submit, at various times, control strategy SIPs and maintenance plans for nonattainment areas. These control strategy SIPs (including RFP and attainment demonstration) and maintenance plans create MVEB for criteria pollutants and/or their precursors to address pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be established for the last year of the maintenance plan. A state may adopt MVEB for other years as well. The MVEB is the portion of the total allowable emissions in the maintenance demonstration that is allocated to highway and transit vehicle use and emissions.<E T="03">See</E>40 CFR 93.101. The MVEB serves as a ceiling on emissions from an area's planned transportation system. The MVEB concept is further explained in the preamble to the November 24, 1993, Transportation Conformity Rule (58 FR 62188). The preamble also describes how to establish the MVEB in the SIP and how to revise the MVEB.</P>

        <P>After interagency consultation with the transportation partners for the York County Area, South Carolina has developed MVEB for NO<E T="52">X</E>and VOC for the York County Area. South Carolina is developing these MVEB, as required, for the last year of its maintenance plan, 2022. Through the interagency consultation process, MVEB were also set for the interim year 2013. The MVEB reflect the total on-road emissions for 2013 and 2022, plus an allocation from the available NO<E T="52">X</E>and VOC safety margin. Under 40 CFR 93.101, the term “safety margin” is the difference between the attainment level (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. The safety margin can be allocated to the transportation sector; however, the total emissions must remain below the attainment level. The NO<E T="52">X</E>and VOC MVEB and allocation from the safety margin were developed in consultation with the transportation partners and were added to account for uncertainties in population growth, changes in model vehicle miles traveled and new emission factor models. The NO<E T="52">X</E>and VOC MVEB for the York County Area are defined in Table 5 below.<PRTPAGE P="68099"/>
        </P>
        <GPOTABLE CDEF="s100,12,12" COLS="3" OPTS="L2,i1">

          <TTITLE>Table 5—York County Portion of the Bi-State Charlotte Area<E T="52">X</E>and VOC MVEB (kg/day)</TTITLE>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">2013</CHED>
            <CHED H="1">2022</CHED>
          </BOXHD>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">NO</E>
              <E T="0732">X</E>
              <E T="02">Emissions</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Base Emissions</ENT>
            <ENT>7,924</ENT>
            <ENT>4,011</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Safety Margin Allocated to MVEB</ENT>
            <ENT>3,348</ENT>
            <ENT>7,357</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">NO<E T="52">X</E>Conformity MVEB</ENT>
            <ENT>11,272</ENT>
            <ENT>11,368</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">VOC Emissions</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">Base Emissions</ENT>
            <ENT>2,846</ENT>
            <ENT>1,939</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Safety Margin Allocated to MVEB</ENT>
            <ENT>853</ENT>
            <ENT>1,297</ENT>
          </ROW>
          <ROW>
            <ENT I="01">VOC Conformity MVEB</ENT>
            <ENT>3,699</ENT>
            <ENT>3,236</ENT>
          </ROW>
        </GPOTABLE>

        <P>As mentioned above, South Carolina has chosen to allocate a portion of the available safety margin to the NO<E T="52">X</E>and VOC MVEB for 2013 and 2022 for the York County Area. This allocation is 3,348 kg/day and 853 kg/day for NO<E T="52">X</E>and VOC, respectively for 2013 and 7,357 kg/day and 1,297 kg/day for NO<E T="52">X</E>and VOC, respectively for 2022. Thus, the remaining safety margins for 2013 and 2022 are 0 kg/day for NO<E T="52">X</E>and VOC.</P>

        <P>Through this rulemaking, EPA is proposing to approve the MVEB for NO<E T="52">X</E>
          <E T="52"/>and VOC for 2013 and 2022 for the York County Area because EPA has preliminarily determined that the Area maintains the 1997 8-hour ozone NAAQS with the emissions at the levels of the budgets. Once the MVEB for the York County Area are approved or found adequate (whichever is completed first), they must be used for future conformity determinations. After thorough review, EPA has preliminarily determined that the budgets meet the adequacy criteria, as outlined in 40 CFR 93.118(e)(4), and is proposing to approve the budgets because they are consistent with maintenance of the 1997 8-hour ozone NAAQS through 2022. As discussed in section V, EPA is proposing that if this approval is finalized in 2013, the Area will continue to maintain the 1997 8-hour ozone NAAQS through at least 2023. Consistent with this proposal, EPA is proposing to approve the MVEB submitted by the State in its June 1, 2011, maintenance plan for the York County Area. EPA is proposing that the submitted MVEB are consistent with maintenance of the 1997 8-hour ozone NAAQS through 2023.</P>

        <HD SOURCE="HD1">VII. What is the status of EPA's adequacy determination for the proposed NO<E T="52">X</E>and VOC MVEB for 2013 and 2022 for the York County area?</HD>
        <P>When reviewing submitted “control strategy” SIPs or maintenance plans containing MVEB, EPA may affirmatively find the MVEB contained therein adequate for use in determining transportation conformity. Once EPA affirmatively finds the submitted MVEB is adequate for transportation conformity purposes, that MVEB must be used by state and federal agencies in determining whether proposed transportation projects conform to the SIP as required by section 176(c) of the CAA.</P>

        <P>EPA's substantive criteria for determining adequacy of a MVEB are set out in 40 CFR 93.118(e)(4). The process for determining adequacy consists of three basic steps: public notification of a SIP submission, a public comment period, and EPA's adequacy determination. This process for determining the adequacy of submitted MVEB for transportation conformity purposes was initially outlined in EPA's May 14, 1999, guidance, “Conformity Guidance on Implementation of March 2, 1999, Conformity Court Decision.” EPA adopted regulations to codify the adequacy process in the Transportation Conformity Rule Amendments for the “New 8-Hour Ozone and PM<E T="52">2.5</E>National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments—Response to Court Decision and Additional Rule Change,” on July 1, 2004 (69 FR 40004). Additional information on the adequacy process for transportation conformity purposes is available in the proposed rule entitled, “Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes,” 68 FR 38974, 38984 (June 30, 2003).</P>

        <P>As discussed earlier, South Carolina's maintenance plan submission includes NO<E T="52">x</E>and VOC MVEB for the York County Area for 2013, an interim year of the maintenance plan, and 2022, the last year of the maintenance plan. EPA reviewed the NO<E T="52">x</E>and VOC MVEB through the adequacy process. The South Carolina SIP submission, including the bi-state Charlotte Area NO<E T="52">x</E>and VOC MVEB, was open for public comment on EPA's adequacy Web site on October 28, 2011, found at:<E T="03">http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.</E>The EPA public comment period on adequacy for the MVEB for 2013 and 2022 for the York County Area closed on November 28, 2011. No comments, adverse or otherwise, were received during EPA's adequacy process for the MVEB associated with South Carolina's 1997 8-hour ozone maintenance plan.</P>
        <P>The 2013 and 2022 NO<E T="52">x</E>and VOC MVEB must be used for future transportation conformity determinations. For required regional emissions analysis years that involve 2013 through 2021, the applicable 2013 MVEB will be used and for 2022 and beyond, the applicable budgets will be the 2022 MVEB established in the maintenance plan, as defined in section VI of this proposed rulemaking.</P>
        <HD SOURCE="HD1">VIII. What is the effect of EPA's proposed actions?</HD>
        <P>EPA's proposed actions establish the basis upon which EPA may take final action on the issues being proposed for approval today. Approval of South Carolina's redesignation request would change the legal designation of the designated portion of York County in South Carolina (including the Catawba Indian Nation reservation lands) for the 1997 8-hour ozone NAAQS, found at 40 CFR part 81, from nonattainment to attainment.<SU>8</SU>

          <FTREF/>Approval of South Carolina's request would also incorporate a plan for maintaining the 1997 8-hour ozone NAAQS in the York County Area through 2022 into the South Carolina SIP. This maintenance plan includes contingency measures to remedy any future violations of the 1997 8-hour ozone NAAQS and procedures for evaluation of potential violations. The maintenance plan also establishes<PRTPAGE P="68100"/>NO<E T="52">x</E>and VOC MVEB for the York County Area. The NO<E T="52">x</E>MVEB for 2013 and 2022 for the York County Area are 11,272 kg/day and 11,368 kg/day, respectively. The VOC MVEB for 2013 and 2022 for the York County Area are 3,699 kg/day and 3,236 kg/day, respectively. Additionally, EPA is notifying the public of the status of EPA's adequacy determination for the newly-established NO<E T="52">x</E>and VOC MVEB for 2013 and 2022 for the York County Area, and is notifying the public that the 2022 MVEB are consistent with maintenance in the Area through 2023 as well.</P>
        <FTNT>
          <P>
            <SU>8</SU>This proposed action does not proposed to change the Area's designation for the 2008 8-hour ozone NAAQS.</P>
        </FTNT>

        <HD SOURCE="HD1">IX. Proposed Actions on the Redesignation Request and Maintenance Plan SIP Revisions Including Approval of the NO<E T="52">x</E>and VOC MVEB for 2013 and 2022 for the York County Area</HD>
        <P>EPA previously determined that the entire bi-state Charlotte Area (including the portion of York County that is a part of this Area) was attaining the 1997 8-hour ozone NAAQS on November 15, 2011, at 76 FR 70656. EPA is now proposing to take two separate but related actions regarding the York County Area's redesignation and maintenance of the 1997 8-hour ozone NAAQS.</P>
        <P>First, EPA is proposing to determine, based on complete, quality-assured and certified monitoring data for the 2009-2011 monitoring period that the entire bi-state Charlotte Area (including the portion of York County that is a part of this Area) is attaining the 1997 8-hour ozone NAAQS. EPA is proposing to determine that South Carolina has met the criteria under CAA section 107(d)(3)(E) for the York County Area for redesignation from nonattainment to attainment for the 1997 8-hour ozone NAAQS. On this basis, EPA is proposing to approve South Carolina's redesignation request for the 1997 8-hour ozone NAAQS for the York County Area.</P>

        <P>Second, EPA is proposing to approve the maintenance plan for the York County Area, including the NO<E T="52">x</E>and VOC MVEB for 2013 and 2022, into the South Carolina SIP (under CAA section 175A). The maintenance plan demonstrates that the Area will continue to maintain the 1997 8-hour ozone NAAQS, and the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of today's action, EPA is describing the status of its adequacy determination for the NO<E T="52">x</E>and VOC MVEB for 2013 and 2022 in accordance with 40 CFR 93.118(f)(1). On September 24, 2012, at 77 FR 58829, EPA announced the adequacy of the MVEB would take effect on October 9, 2012. Within 24 months from this effective date, the transportation partners will need to demonstrate conformity to the new NO<E T="52">x</E>and VOC MVEB pursuant to 40 CFR 93.104(e).</P>
        <P>As discussed in section V, EPA is proposing that if this approval is finalized in 2013 the area will continue to maintain the 1997 8-hour ozone NAAQS through at least 2023. Consistent with this proposal, EPA is proposing to approve the MVEB submitted by the State in its June 1, 2011, maintenance plan for the York County Area. EPA is proposing that the submitted MVEB are consistent with maintenance of the 1997 8-hour ozone NAAQS through 2023.</P>
        <P>If finalized, approval of the redesignation request would change the official designation of the nonattainment portion of York County (including the Catawba Indian Nation reservation lands) in the Area for the 1997 8-hour ozone NAAQS, found at 40 CFR part 81, from nonattainment to attainment.</P>
        <HD SOURCE="HD1">X. Statutory and Executive Order Reviews</HD>
        <P>Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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, these proposed actions merely approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For this reason, these proposed actions:</P>
        <P>• Are not “significant regulatory action[s]” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>

        <P>• Do 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>• Are 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>• Do 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>• Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
        <P>• Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
        <P>• Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</P>
        <P>• Are 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>• Do not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
        <P>In addition, the redesignation for the York County Area does have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it may have substantial direct effects on the Catawba Indian Nation as the Tribe's reservation lands are within the York County Area for the 1997 8-hour ozone NAAQS. As such, today's proposal to redesignate the York County Area to attainment for the 1997 8-hour ozone NAAQS includes the Catawba Indian Nation reservation lands. Accordingly, EPA and the Catawba Indian Nation consulted on this redesignation prior to today's proposed action. EPA's consultation on this and other ozone SIP matters for the York County Area with the Catawba Indian Nation commenced on October 14, 2011, and concluded on October 31, 2012. EPA further notes that today's action is not anticipated to impose substantial direct costs on Tribal governments or preempt Tribal law.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects</HD>
          <CFR>40 CFR Part 52</CFR>

          <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.<PRTPAGE P="68101"/>
          </P>
          <CFR>40 CFR Part 81</CFR>
          <P>Environmental protection, Air pollution control.</P>
        </LSTSUB>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>42 U.S.C. 7401<E T="03">et seq.</E>
          </P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 6, 2012.</DATED>
          <NAME>A. Stanley Meiburg,</NAME>
          <TITLE>Acting Regional Administrator, Region 4.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27807 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>221</NO>
  <DATE>Thursday, November 15, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68102"/>
        <AGENCY TYPE="F">ARCTIC RESEARCH COMMISSION</AGENCY>
        <SUBJECT>Programs and Research Projects Affecting the Arctic; 99th Meeting</SUBJECT>
        <P>Notice is hereby given that the U.S. Arctic Research Commission will hold its 99th meeting in Vancouver, British Columbia, Canada, on December 10-11, 2012. The business sessions, open to the public, will convene at 9 a.m. on December 10 and December 11. An afternoon meeting on December 10 from 2:15-5:30 p.m. will be closed to the public.</P>
        <P>The Agenda items include:</P>
        
        <FP SOURCE="FP-1">(1) Call to order and approval of the agenda</FP>
        <FP SOURCE="FP-1">(2) Approval of the minutes from the 98th meeting</FP>
        <FP SOURCE="FP-1">(3) Commissioners and staff reports</FP>
        <FP SOURCE="FP-1">(4) Discussion and presentations concerning Arctic research activities</FP>
        
        <P>The focus of the meeting will be reports and updates on programs and research projects affecting the Arctic.</P>
        <P>If you plan to attend this meeting, please notify us via the contact information below. Any person planning to attend who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission of those needs in advance of the meeting.</P>
        <FURINF>
          <HD SOURCE="HED">Contact Person For Further Information:</HD>
          <P>John Farrell, Executive Director, U.S. Arctic Research Commission, 703-525-0111 or TDD 703-306-0090.</P>
          <SIG>
            <NAME>John Farrell,</NAME>
            <TITLE>Executive Director.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27531 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <P>The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).</P>
        <P>
          <E T="03">Agency:</E>Bureau of Industry and Security (BIS).</P>
        <P>
          <E T="03">Title:</E>License Transfer and Duplicate License Services.</P>
        <P>
          <E T="03">OMB Control Number:</E>0694-0126.</P>
        <P>
          <E T="03">Form Number(s):</E>N/A.</P>
        <P>
          <E T="03">Type of Request:</E>Regular submission (extension of a currently approved information collection).</P>
        <P>
          <E T="03">Burden Hours:</E>38.</P>
        <P>
          <E T="03">Number of Respondents:</E>110.</P>
        <P>
          <E T="03">Average Hours per Response:</E>16 to 66 minutes.</P>
        <P>
          <E T="03">Needs and Uses:</E>This collection is needed to provide services to exporters who have either lost their original license and require a duplicate, or who wish to transfer their ownership of an approved license to another party.</P>
        <P>
          <E T="03">Affected Public:</E>Business and other for-profit organizations</P>
        <P>
          <E T="03">Frequency:</E>On occasion.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Required to obtain benefits.</P>
        <P>
          <E T="03">OMB Desk Officer:</E>Jasmeet Seehra, (202) 395-3123.</P>

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

        <P>Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Jasmeet Seehra, OMB Desk Officer, Fax no. (202) 395-5167 or via email to<E T="03">Jasmeet_K._Seehra@omb.eop.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Gwellnar Banks,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27711 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-33-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[B-81-2012]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 163—Ponce, PR;Application for Subzone;Zimmer Manufacturing BV;Ponce, PR</SUBJECT>
        <P>An application has been submitted to the Foreign-Trade Zones Board (the Board) by CODEZOL, C.D., grantee of FTZ 163, requesting special-purpose subzone status for the facility of Zimmer Manufacturing BV located in Ponce, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on November 8, 2012.</P>
        <P>The proposed subzone (14.34 acres) is located at State Road 1 Km 123.4, Mercedita Ward, Ponce, Puerto Rico. A notification of proposed production activity has been submitted and will be published separately for public comment.</P>
        <P>In accordance with the Board's regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Board.</P>
        <P>Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is December 26, 2012. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to January 9, 2013.</P>

        <P>A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via<E T="03">www.trade.gov/ftz.</E>For further information, contact Camille Evans at<E T="03">Camille.Evans@trade.gov</E>or (202) 482-2350.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27780 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68103"/>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[B-80-2012]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 163—Ponce, PR;Notification of Proposed Production Activity;Zimmer Manufacturing BV(Medical Devices);Ponce, PR</SUBJECT>
        <P>CODEZOL, C.D., grantee of FTZ 163, submitted a notification of proposed production activity on behalf of Zimmer Manufacturing BV (Zimmer), located in Ponce, Puerto Rico. The notification conforming to the requirements of the regulations of the Board (15 CFR 400.22) was received on November 1, 2012.</P>
        <P>A separate application for subzone status at the Zimmer facility was submitted and will be processed under Section 400.31 of the Board's regulations. The facility is used for the production, warehousing and distribution of orthopedic implants for knee and hip reconstruction as well as trauma devices. Production under FTZ procedures could exempt Zimmer from customs duty payments on the foreign status components used in export production. On its domestic sales, Zimmer would be able to choose the duty rates during customs entry procedures that apply to the finished products (duty-free) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment.</P>
        <P>Components and materials sourced from abroad include: polymers of ethylene in primary forms; acrylic polymers in primary forms; silicones in primary forms; self-adhesive shapes of plastics; other shapes of plastics; packaging; bars, rods, angles shapes and sections of stainless steel; articles of iron or steel; and, artificial joints, parts and accessories (duty rate ranges from duty-free to 6.5%).</P>
        <P>Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is December 26, 2012.</P>

        <P>A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via<E T="03">www.trade.gov/ftz.</E>
        </P>
        <P>For further information, contact Elizabeth Whiteman at<E T="03">Elizabeth.Whiteman@trade.gov</E>or (202) 482-0473.</P>
        <SIG>
          <DATED>Dated: November 5, 2012.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27776 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Michigan State University, et al.; Notice of Decision on Applications 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. .106-36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5:00 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC.</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>See notice at 77 FR 61739, October 11, 2012.<E T="03">Comments:</E>None received.<E T="03">Decision:</E>Approved. We know of no instruments of equivalent scientific value to the foreign instruments described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of its order.<E T="03">Reasons:</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 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.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Gregory W. Campbell,</NAME>
          <TITLE>Director, Subsidies Enforcement Office, Import Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27782 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Institute of Standards and Technology</SUBAGY>
        <SUBJECT>National Construction Safety Team Advisory Committee Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Institute of Standards and Technology, Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The National Construction Safety Team (NCST) Advisory Committee (Committee) will meet on Monday, December 10, 2012 from 8:30 to 5:00 p.m. Eastern time. The primary purpose of this meeting is to update the Committee on the status of the National Institute of Standards and Technology (NIST) Disaster and Failure Studies Program, receive NIST's response to the Committee's 2011 annual report recommendations, update the Committee on the progress of the NIST Technical Investigation of the May 22, 2011 Tornado in Joplin, MO, and gather information for the Committee's 2012 Annual Report to Congress. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at<E T="03">http://www.nist.gov/el/disasterstudies/ncst/.</E>
          </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The NCST Advisory Committee will meet on Monday, December 10, 2012 from 8:30 a.m. until 5:00 p.m. Eastern time. The meeting will be open to the public.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The meeting will be held in Lecture Room B, Administration Building, National Institute of Standards and Technology (NIST), 100 Bureau Drive, Gaithersburg, Maryland 20899. Please note admittance instructions under the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this notice.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Eric Letvin, Director, Disaster and Failure Studies Program, 100 Bureau Drive, Mail Stop 8600, Gaithersburg, Maryland 20899-8600. Mr. Letvin's email address is<E T="03">eric.letvin@nist.gov</E>and his phone number is (301) 975-5412.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The Committee was established pursuant to Section 11 of the NCST Act (15 U.S.C. 7310). The Committee is composed of ten members, appointed by the Director of NIST, who were selected for their technical expertise and experience,<PRTPAGE P="68104"/>established records of distinguished professional service, and their knowledge of issues affecting teams established under the NCST Act. The Committee will advise the Director of NIST on carrying out studies of building failures conducted under the authorities of the NCST Act and will review the procedures developed to implement the NCST Act and reports issued under section 8 of the NCST Act (15 U.S.C. 7307). Background information on the NCST Act and information on the NCST Advisory Committee is available at<E T="03">http://www.nist.gov/el/disasterstudies/ncst/.</E>
        </P>
        <P>Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the NCST Advisory Committee will meet on Monday, December 10, 2012 at 8:30 a.m. and will adjourn at 5:00 p.m. Eastern time. The meeting will be open to the public.</P>

        <P>The primary purpose of this meeting is to update the Committee on the status of the National Institute of Standards and Technology (NIST) Disaster and Failure Studies Program, receive NIST's response to the Committee's 2011 annual report recommendations, update the Committee on the progress of the NIST Technical Investigation of the May 22, 2011 Tornado in Joplin, MO, and gather information for the Committee's 2012 Annual Report to Congress. The final agenda will be posted on the NIST Web site at<E T="03">http://www.nist.gov/el/disasterstudies/ncst/.</E>
        </P>

        <P>Individuals and representatives of organizations who would like to offer comments and suggestions related to items on the Committee's agenda for this meeting are invited to request a place on the agenda. Approximately fifteen minutes will be reserved for public comments, and speaking times will be assigned on a first-come, first-served basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be 5 minutes each. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to attend in person are invited to submit written statements to the National Construction Safety Team Advisory Committee, National Institute of Standards and Technology, 100 Bureau Drive, MS 8600, Gaithersburg, Maryland 20899-8600, via fax at (301) 975-4032, or electronically by email to<E T="03">ncstac@nist.gov.</E>
        </P>

        <P>All those wishing to speak must submit their request by email to the attention of Mr. Eric Letvin,<E T="03">eric.letvin@nist.gov</E>by 5:00 p.m. Eastern time, Monday, December 3, 2012.</P>

        <P>All visitors to the NIST site are required to pre-register to be admitted. Anyone wishing to attend this meeting must register by 5:00 p.m. Eastern time, Monday, December 3, 2012, in order to attend. Please submit your full name, email address, and phone number to Michelle Harman. Non-U.S. citizens must also submit their country of citizenship, title, and employer/sponsor. Mrs. Harman's email address is<E T="03">michelle.harman@nist.gov,</E>and her phone number is (301) 975-5324.</P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Willie E. May,</NAME>
          <TITLE>Associate Director for Laboratory Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27689 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <SUBJECT>Proposed Information Collection; Comment Request; Socio-Economic Profile of Small-Scale Commercial Fisheries in the U.S. Caribbean</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Oceanic and Atmospheric Administration (NOAA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Commerce, 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.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments must be submitted on or before January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at<E T="03">JJessup@doc.gov</E>).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Requests for additional information or copies of the information collection instrument and instructions should be directed to Dr. Juan J. Agar, (305) 361-4218 or<E T="03">Juan.Agar@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Abstract</HD>
        <P>This request is for a new information collection.</P>

        <P>The National Marine Fisheries Service (NMFS) proposes to collect socio-economic data about small scale fishermen and seafood dealers operating in the U.S. Caribbean. The survey intends to collect information on demographics, fishing practices, costs and earnings (revenues, variable and fixed costs), market and distribution channels, capital investment, attitudes and perceptions about the performance management actions and the health of local fisheries, including the impact of invasive species. The data gathered will be used to describe U.S. Caribbean fisheries, assess socio-economic performance of small-scale fleets, and evaluate the socio-economic impacts of Federal regulatory actions. In addition, the information will be used to strengthen and improve fishery management decision-making, satisfy legal mandates under Executive Order 12866, the Magnuson-Stevens Fishery Conservation and Management Act (U.S.C. 1801<E T="03">et seq.</E>), the Regulatory Flexibility Act, the Endangered Species Act, and the National Environmental Policy Act, and other pertinent statues.</P>
        <HD SOURCE="HD1">II. Method of Collection</HD>
        <P>The socio-economic information sought will be collected via in-person, telephone and mail surveys.</P>
        <HD SOURCE="HD1">III. Data</HD>
        <P>
          <E T="03">OMB Control Number:</E>None.</P>
        <P>
          <E T="03">Form Number:</E>None.</P>
        <P>
          <E T="03">Type of Review:</E>Regular submission (request for a new information 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>2,000.</P>
        <P>
          <E T="03">Estimated Time per Response:</E>1 hr.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>2,000.</P>
        <P>
          <E T="03">Estimated Total Annual Cost to Public:</E>$ 0 in recordkeeping/reporting costs.</P>
        <HD SOURCE="HD1">IV. Request for Comments</HD>

        <P>Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.<PRTPAGE P="68105"/>
        </P>
        <P>Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Gwellnar Banks,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27707 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <SUBJECT>Fisheries of the Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meetings</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 cancellation for SEDAR Review Workshop for Caribbean blue tang and queen triggerfish.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The SEDAR assessments of the Caribbean stocks of blue tang and queen triggerfish will no longer have an in-person Review Workshop. See<E T="02">SUPPLEMENTARY INFORMATION</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The Review Workshop originally scheduled for February 4-7, 2013 has been cancelled. See<E T="02">SUPPLEMENTARY INFORMATION</E>.</P>
        </DATES>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The original notice published in the<E T="04">Federal Register</E>on May 7, 2012 (77 FR 26746).</P>
        <P>The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR includes three workshops: (1) Data Workshop; (2) Stock Assessment Workshop; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Stock Assessment Workshop is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Consensus Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and the NOAA Fisheries Southeast Regional Office and Southeast Fisheries Science Center. Participants include: data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.</P>
        <HD SOURCE="HD1">February 4-7, 2013; SEDAR 30 Review Workshop—CANCELLED</HD>
        <P>The in-person Review Workshop, scheduled for 4-7 February 2013 to review the 2012 assessments of blue tang and queen triggerfish, has been cancelled. At the Assessment workshop, held October 16-17, 2012 in Miami, FL, the Assessment Panel decided not to move forward with the blue tang assessment due to data issues and determined that little could be accomplished for queen triggerfish beyond what had been completed to date.</P>
        <P>Given the reduced scope of assessment products in need of review, the in-person workshop is being cancelled in favor of a Desk Review. The Desk Review would still utilize Center for Independent Experts (CIE) Reviewers. The Reviewers would be provided the assessment reports of each species, review them according to the Terms of Reference (TOR), and provide an individual independent review report. Those reports would be made available to the analysts, as well as to the Scientific and Statistical Committee (SSC), for their review and discussion before the SSC makes any management recommendations. The timing of the Desk Review would be similar to the timing already in place for the project, with the plan to have the material imparted to the SSC by early March 2013.</P>
        <P>All other previously-published information remains unchanged.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Tracey L. Thompson,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27682 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration (NOAA)</SUBAGY>
        <SUBJECT>Marine Protected Areas Federal Advisory Committee; Public Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Santa Cruz, California.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held Tuesday, December 5, 2012, from 9 a.m. to 5 p.m., Wednesday, December 6, from 8:30 a.m. to 4:30 p.m., and Thursday, December 7, from 8:30 a.m. to 2 p.m. These times and the agenda topics described below are subject to change. Refer to the web page listed below for the most up-to-date meeting agenda.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held at the Hotel Paradox, 611 Ocean Street, Santa Cruz, CA, 95060.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kara Yeager, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway, Silver Spring, Maryland 20910. (Phone: 301-713-7242, Fax: 301-713-3110); email:<E T="03">kara.yeager@noaa.gov;</E>or visit the National MPA Center Web site at<E T="03">http://www.mpa.gov</E>).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Committee, composed of external, knowledgeable representatives of stakeholder groups, was established by the Department of Commerce (DOC) to provide advice to the Secretaries of Commerce and the Interior on implementation of Section 4 of Executive Order 13158, which calls for the development of a National System of Marine Protected Areas (MPAs). The National System aims to strengthen existing MPAs and MPA programs through national and regional coordination, capacity building, science and analysis. The meeting is open to the public, and public comment will be accepted from 4:15 p.m. to 5 p.m. on Tuesday, November 15, 2011. In general, each individual or group will be limited to a total time of five (5) minutes. If members of the public wish to submit written statements, they should be submitted to the Designated Federal Official by November 30, 2012.</P>
        <P>
          <E T="03">Matters to be Considered:</E>The focus of the Committee's meeting will be the development of workplans by the Subcommittees (Jobs, Recreation and<PRTPAGE P="68106"/>Tourism Subcommittee and Stakeholder Engagement Subcommittee) to address the Committee's charge. The Committee will also hear from two panels of experts: One on successful ocean engagement initiatives, and one from MPA managers on engaging with the travel, recreation and tourism industries. On Wednesday, December 5, the Committee will meet with representatives from National Marine Sanctuary Advisory Councils to discuss fostering links between MPAs and the recreation, travel and tourism industries. The agenda is subject to change. The latest version will be posted at<E T="03">http://www.mpa.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Daniel J. Basta,</NAME>
          <TITLE>Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27735 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-NK-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC352</RIN>
        <SUBJECT>Second Fishing Capacity Reduction Program for the LonglineCatcher Processor Subsector of the Bering Sea and Aleutian IslandsNon-Pollock Groundfish Fishery</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of reduction payment tender and industry fee collection system effective date.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The FY 2005 Appropriations Act (the Appropriations Act) authorized a capacity reduction program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands non-pollock groundfish fishery (Reduction Fishery). Pursuant to this authorization, the Freezer Longline Conservation Cooperative (FLCC) conducted the bid selection process and submitted a reduction plan to NMFS to purchase a single latent permit within the Reduction Fishery. On September 24, 2012, the National Marine Fisheries Service published regulations for the second fishing capacity reduction program for this Reduction Fishery. NMFS conducted a successful referendum approving the reduction loan repayment fees of $2,700,000 which post-reduction harvesters will repay over a 30-year period. Accordingly, NMFS is preparing to tender a reduction payment to the accepted bidder and implement an industry fee collection system to repay the loan.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The public has until December 17, 2012 to inform NMFS of any holding, owning, or retaining claims that conflict with the representations of bids as presented by the FLCC. Fee collection will begin on January 1, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send comments about this notice to Paul Marx, Chief, Financial Services Division, NMFS, Attn: Second Non-Pollock Groundfish Longline Catcher Processor Buyback, 1315 East-West Highway, Silver Spring, MD 20910 (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Michael A. Sturtevant at (301) 427-8799, fax (301) 713-1306, or<E T="03">michael.a.sturtevant@noaa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>
        <P>In 2007, NMFS approved and implemented a $35.7 million fishing capacity reduction loan program for the Longline Catcher Processor Subsector, which represented the full amount authorized for that subsector of the $75 million authorized for the entire BSAI non-pollock groundfish fishery. The initial program removed three fishing vessels and 12 fishing licenses and permits for a loan amount of $35 million. All long-line catcher processors harvesting non-pollock groundfish were required to pay and forward a fee to NMFS to repay the loan. The original fee assessment was $0.02 per pound caught with payment and collection beginning on October 24, 2007. That rate has since been reduced to $0.0145 per pound.</P>
        <P>None of the other BSAI non-pollock groundfish subsectors have expressed an interest in implementing a capacity reduction program for their subsector. A provision in the Appropriations Act permits the Secretary of Commerce to make available any of the unused loan amounts, originally allocated for each subsector, for capacity reduction programs in any of the subsectors after January 1, 2009.</P>
        <P>Members of the BSAI Longline Catcher Processor Subsector informed NMFS that they wished to access the remaining loan amounts to undertake a second buyback. To implement this next buyback, the FLCC on behalf of the Reduction Fishery was required by the Appropriations Act to draft and submit a Reduction Plan to NMFS. On August 27, 2010, the FLCC submitted a Reduction Plan to access $2.7 million of the total remaining $39,105,450 funds to purchase a single latent permit.</P>
        <P>NMFS published proposed program regulations on July 30, 2012 (77 FR 44572), and final program regulations on September 24, 2012 (77 FR 58775), to implement the second reduction program. Interested persons should review these for further program details.</P>
        <HD SOURCE="HD1">II. Present Status</HD>
        <P>NMFS conducted a referendum to determine the industry's willingness to repay a fishing capacity reduction loan to purchase the permit identified in the reduction plan. NMFS mailed ballots to 37 holders of record of LLP licenses in the fishery who were eligible to vote in the referendum. The voting period opened on October 24, 2012, and closed on November 7, 2012. NMFS received 32 timely and valid votes; all 32 of the votes approved the fees. This exceeded majority of permit holders (19) required for industry fee system approval. Consequently, the referendum was successful and permit holders approved the industry fee system. Accordingly, the reduction contract is in full force and effect and NMFS is preparing to tender and disburse a reduction payment to the selected bidder.</P>
        <HD SOURCE="HD1">III. Reduction Payment Tender</HD>
        <P>NMFS publishes this notice to inform the public before tendering the reduction payment to Permit Holding LLC (the selected bidder), for LLP license LLG2085 with area endorsements for Bering Sea Catcher/Processor Hook and Longline and Aleutian Islands Catcher/Processor Hook and Longline. NMFS will tender the reduction payment on or about December 17, 2012. When NMFS tenders the reduction payment to Permit Holding LLC, the selected bidder must permanently stop all further fishing with the reduction permit it has relinquished. The selected bidder, in accordance with section 5 of the relinquishment contract, must notify all creditors or other parties with security interests in the reduction permit.</P>
        <P>This notice provides the public (including creditors or other parties) 30 days from publication of this notice to advise NMFSin writing of any holding, owning, or retaining claims that conflict with the representations of the bid as presented by the FLCC.</P>
        <HD SOURCE="HD1">IV. Fee System Effective Date</HD>

        <P>This notice also establishes the reduction loan repayment fee's effective date in accordance with subpart M to 50 CFR 600.1108.The second BSAI non-pollock groundfish longline catcher processor program fee payment and<PRTPAGE P="68107"/>collection will begin on January 1, 2013. Starting on this date, additional fees will be assessed and collected on all harvested Pacific cod, including that used for bait or discarded, on all members of this subsector. The initial fee applicable to this second loan in the BSAI longline program's reduction fishery is $0.001 per pound. Subsector members must pay and collect the fee in the manner set out in 50 CFR 600.1108 and the framework rule. Consequently, all subsector members may wish to readsubpart L to 50 CFR 600.1013 to understand how fish harvesters mustpay and fish buyers must collect the fee.</P>
        <SIG>
          <P>Dated: November 9, 2012.</P>
          <NAME>Dana Flowerlake,</NAME>
          <TITLE>Acting Deputy Director, Office of Management and Budget,National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27820 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC153</RIN>
        <SUBJECT>Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys on the South Farallon Islands, CA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; issuance of an incidental harassment authorization.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the National Ocean Service's Office of National Marine Sanctuaries Gulf of the Farallones National Marine Sanctuary (GFNMS) to take marine mammals, by harassment, incidental to rocky intertidal monitoring work and searching for black abalone, components of the Sanctuary Ecosystem Assessment Surveys.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Effective November 8, 2012, through November 7, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>A copy of the authorization, application, and associated Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) and Biological Opinion may be obtained by writing to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910, telephoning the contact listed below (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>), or visiting the Internet at:<E T="03">http://www.nmfs.noaa.gov/pr/permits/incidental.htm.</E>Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Candace Nachman, Office of Protected Resources, NMFS, (301) 427-8401.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>
        <P>Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361<E T="03">et seq.</E>) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.</P>
        <P>Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking, other means of effecting the least practicable impact on the species or stock and its habitat, and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”</P>
        <P>Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].”</P>
        <HD SOURCE="HD1">Summary of Request</HD>

        <P>On May 13, 2012, NMFS received an application from GFNMS for the taking of marine mammals incidental to rocky intertidal monitoring work and searching for black abalone. NMFS determined that the application was adequate and complete on July 20, 2012. On August 23, 2012, we published a notice in the<E T="04">Federal Register</E>of our proposal to issue an IHA with preliminary determinations and explained the basis for the proposal and preliminary determinations (77 FR 50990). The notice initiated a 30-day public comment period. Responses are discussed below.</P>
        <P>GFNMS proposes to continue rocky intertidal monitoring work and the search for black abalone in areas previously unexplored for black abalone for periods of 4-8 days in November 2012 and February 2013. All work will be done only during daylight minus low tides. This is a long-term study that began in 1992 and at present is anticipated to continue beyond November 2013. This IHA is only effective for a 12-month period. In future years (depending on funding), survey activities may occur in February, August, and November. For purposes of the present request, four sites will be sampled during both November and February, with two additional sites to be sampled in February only. The following specific aspects of the activities are likely to result in the take of marine mammals: presence of survey personnel near pinniped haulout sites and approach of survey personnel towards hauled out pinnipeds. Take, by Level B harassment only, of individuals of five species of marine mammals is anticipated to result from the specified activity.</P>
        <HD SOURCE="HD1">Description of the Specified Activity and Specified Geographic Region</HD>

        <P>Since the listing of black abalone as “endangered” under the U.S. Endangered Species Act (ESA; 16 U.S.C. 1531<E T="03">et seq.</E>), NMFS has requested that GFNMS explore as much of the shoreline as possible, as well as document and map the location of quality habitat for black abalone and the location of known animals. This listing<PRTPAGE P="68108"/>prompted the need to expand the search for black abalone into other areas on the South Farallon Islands (beyond those that have been studied since 1992) to gain a better understanding of the abundance and health of the black abalone population in this remote and isolated location. The monitoring is planned to remain ongoing, and efforts to assess the status and health of the black abalone population on the South Farallon Islands may take several years, and perhaps decades, because black abalone tend to be very cryptic and difficult to find, especially when they are sparse and infrequent in occurrence. In order for the assessment of black abalone to be more comprehensive, GFNMS needs to expand shore searches in areas beyond the proximity of their quantitative quadrat sampling areas and also into new areas on Southeast Farallon and Maintop (West End) Islands. Additional information regarding the purpose of the research is contained in the Notice of Proposed IHA (77 FR 50990, August 23, 2012).</P>
        <P>Routine shore activity will continue to involve the use of only non-destructive sampling methods to monitor rocky intertidal algal and invertebrate species abundances (see Figure 2 in GFNMS' application). The sampling, photographic documentation, and shore walks for the period of this IHA have been scheduled to occur in November 2012 and February 2013. (In future years, surveys conducted under separate IHA(s) may occur 3 times annually: February, August, and November, based on funding.) Each survey will last for approximately 4 to 8 days. All work will be done only during daylight minus, low tides. Each location (as listed in Tables 2 and 3 in GFNMS' application) will be visited/sampled by three to four biologists, for a duration of 3-4 hours, one to two times each minus tide cycle, during November and February. The Notice of Proposed IHA contains additional information on the survey methodology (77 FR 50990, August 23, 2012). That information has not changed and is therefore not repeated here.</P>
        <P>PRBO Conservation Science (PRBO) continues its year round pinniped and seabird research and monitoring efforts on the South Farallon Islands, which began in 1968, under MMPA scientific research permits and IHAs. GFNMS biologists will gain access to the sites via boats operated by PRBO, with disturbance and incidental take authorized via IHAs issued to PRBO. For this reason, GFNMS has not requested authorization for take from disturbance by boat, as incidental take from that activity is authorized in a separate IHA.</P>
        <HD SOURCE="HD2">Specified Geographic Location and Activity Timeframe</HD>
        <P>The Farallon Islands consists of a chain of seven islands located approximately 48 km (30 mi) west of San Francisco, near the edge of the continental shelf and in the geographic center of the GFNMS (see Figure 1 in GFNMS' application). The nearshore and offshore waters are foraging areas for pinniped species discussed in this document. The two largest islands of the seven islands are the Southeast Farallon and Maintop (aka West End) Islands. These and several smaller rocks are collectively referred to as the South Farallon Islands and are the subject of this IHA.</P>
        <P>Current areas that are sampled during November and February are: Blow Hole Peninsula; Mussel Flat; Dead Sea Lion Flat; and Low Arch (see Figure 2 in GFNMS' application). Current areas that are sampled only during February are: Raven's Cliff and Drunk Uncle Islet. Areas to be added for intensive black abalone assessment and habitat mapping sampling during November and February include: East Landing; North Landing; Fisherman's Bay; and Weather Service Peninsula on Southeast Farallon Island. Areas to be added for intensive black abalone assessment and habitat mapping during February only include: Ravens' Cliff; Indian Head; Shell Beach; and Drunk Uncle Islet (see Figure 2 in GFNMS' application). Specific dates of sampling in February and November of each year will vary, as in the past, dependent on tide conditions, boat logistics to the island, staff schedules, island housing availability, seabird breeding cycles, and at the discretion of Refuge management. Each visit will last approximately 4-8 days in November 2012 and February 2013. Additional information on the specified geographic location is contained in the Notice of Proposed IHA (77 FR 50990, August 23, 2012).</P>

        <P>Accessing portions of the intertidal habitat may cause incidental Level B (behavioral) harassment of pinnipeds through some unavoidable approaches if pinnipeds are hauled out directly in the study plots or while biologists walk from one location to another. No motorized equipment is involved in conducting these surveys. The species for which Level B harassment is requested are: California sea lions (<E T="03">Zalophus californianus californianus</E>); harbor seals (<E T="03">Phoca vitulina richardii</E>); northern elephant seals (<E T="03">Mirounga angustirostris</E>); Stellar sea lions (<E T="03">Eumetopias jubatus</E>); and northern fur seals (<E T="03">Callorhinus ursinus</E>).</P>
        <HD SOURCE="HD1">Comments and Responses</HD>
        <P>A Notice of Proposed IHA was published in the<E T="04">Federal Register</E>on August 23, 2012 (77 FR 50990) for public comment. During the 30-day public comment period, NMFS received one letter from the Marine Mammal Commission. No other organizations or private citizens provided comments on the proposed issuance of an IHA for this activity. The Marine Mammal Commission recommended that NMFS issue the IHA, subject to inclusion of the proposed mitigation and monitoring measures. NMFS has included all of the mitigation and monitoring measures proposed in the Notice of Proposed IHA (77 FR 50990, August 23, 2012) in the issued IHA.</P>
        <HD SOURCE="HD1">Description of Marine Mammals in the Area of the Specified Activity</HD>
        <P>Many of the shores of the two South Farallon Islands provide resting, molting, and breeding habitat for pinniped species: northern elephant seals; harbor seals; California sea lions; northern fur seals; and Steller sea lions. California sea lion is the species anticipated to be encountered most frequently during the specified activity. The other four species are only anticipated to be encountered at some of the sites. Tables 2 and 3 in GFNMS' application outline the average and maximum expected occurrences of each species at each sampling location in November and February, respectively. Numbers are based on weekly surveys conducted by PRBO. The data in these tables are from counts conducted in February and November 2010 and 2011. Figures 3, 4, and 5 in GFNMS' application depict the overlap between pinniped haulouts and abalone sampling sites. Of the five species noted here, only the eastern stock of Stellar sea lion (which is the stock found in the activity area) is listed as threatened under the ESA and as depleted under the MMPA.</P>
        <P>We refer the public to Carretta<E T="03">et al.,</E>(2011) for general information on these species. The publication is available on the Internet at:<E T="03">http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf.</E>Additional information on the status, distribution, seasonal distribution, and life history can also be found in GFNMS' application and NMFS' Notice of Proposed IHA (77 FR 50990, August 23, 2012). The information has not changed and is therefore not repeated here.</P>
        <P>California (southern) sea otters (<E T="03">Enhydra lutris nereis</E>), listed as<PRTPAGE P="68109"/>threatened under the ESA and categorized as depleted under the MMPA, usually range in coastal waters within 2 km (1.2 mi) of shore. PRBO has not encountered California sea otters on Southeast Farallon Island during the course of seabird or pinniped research activities over the past five years. This species is managed by the USFWS and is not considered further in this notice.</P>
        <HD SOURCE="HD1">Potential Effects of the Specified Activity on Marine Mammals</HD>
        <P>The appearance of researchers may have the potential to cause Level B harassment of any pinnipeds hauled out on Southeast Farallon and Maintop (West End) Islands. Although marine mammals are never deliberately approached by abalone survey personnel, approach may be unavoidable if pinnipeds are hauled out in the immediate vicinity of the permanent abalone study plots. Disturbance may result in reactions ranging from an animal simply becoming alert to the presence of researchers (e.g., turning the head, assuming a more upright posture) to flushing from the haul-out site into the water. NMFS does not consider the lesser reactions to constitute behavioral harassment, or Level B harassment takes, but rather assumes that pinnipeds that move greater than 1 m (3.3 ft) or change the speed or direction of their movement in response to the presence of researchers are behaviorally harassed, and thus subject to Level B taking. Animals that respond to the presence of researchers by becoming alert, but do not move or change the nature of locomotion as described, are not considered to have been subject to behavioral harassment. NMFS' Notice of Proposed IHA (77 FR 50990, August 23, 2012) contains information regarding potential impacts to marine mammals from the specified activity. The information has not changed and is therefore not repeated here.</P>
        <P>Typically, even those reactions constituting Level B harassment would result at most in temporary, short-term disturbance. In any given study season (i.e., November 2012 and February 2013), the researchers will visit the islands for a total of 4-8 days each of the two months, and each site is not visited during both months. Visits to each site are thus separated by several months. Each site visit typically lasts 3-4 hours. Therefore, disturbance of pinnipeds resulting from the presence of researchers lasts only for short periods of time and is separated by significant amounts of time in which no disturbance occurs. Because such disturbance is sporadic, rather than chronic, and of low intensity, individual marine mammals are unlikely to incur any detrimental impacts to vital rates or ability to forage and, thus, loss of fitness. Correspondingly, even local populations, much less the overall stocks of animals, are extremely unlikely to accrue any significantly detrimental impacts.</P>
        <P>NMFS does not anticipate that the activities would result in the injury, serious injury, or mortality of pinnipeds because (1) the timing of research visits would preclude separation of mothers and pups for four of the pinniped species, as activities occur outside of the pupping/breeding season and (2) elephant seals are generally not susceptible to disturbance as a result of researchers' presence. In addition, researchers will exercise appropriate caution approaching sites, especially when pups are present and will redirect activities when pups are present.</P>
        <HD SOURCE="HD1">Anticipated Effects on Marine Mammal Habitat</HD>
        <P>The only habitat modification associated with the activity is the quadrat locations being marked with marine epoxy. The plot corners are marked with a 3x3 cm (1.2x1.2 in) patch of marine epoxy glued to the benchrock for relocating the quadrat sites. Markers have been in place since 1993, and pinniped populations have increased throughout the islands during this time. Maintenance is sometimes required, which consists of replenishing worn markers with fresh epoxy or replacing markers that have become dislodged. No gas power tools are used, so there is no potential for noise or accidental fuel spills disturbing animals and impacting habitats. Thus, the activity is not expected to have any habitat-related effects, including to marine mammal prey species, that could cause significant or long-term consequences for individual marine mammals or their populations.</P>
        <HD SOURCE="HD1">Mitigation</HD>
        <P>In order to issue an incidental take authorization (ITA) under Section 101(a)(5)(D) of the MMPA, NMFS must, where applicable, set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses (where relevant).</P>
        <P>GFNMS shall implement several mitigation measures to reduce potential take by Level B (behavioral disturbance) harassment. Measures include: (1) Coordinating sampling efforts with other permitted activities (i.e., PRBO and USFWS); (2) conducting slow movements and staying close to the ground to prevent or minimize stampeding; (3) avoiding loud noises (i.e., using hushed voices); (4) vacating the area as soon as sampling of the site is completed; (5) monitoring the offshore area for predators (such as killer whales and white sharks) and avoid flushing of pinnipeds when predators are observed in nearshore waters; (6) using binoculars to detect pinnipeds before close approach to avoid being seen by animals; and (7) rescheduling work at sites where pups are present, unless other means to accomplishing the work can be done without causing disturbance to mothers and dependent pups.</P>
        <P>The methodologies and actions noted in this section will be utilized and are included as mitigation measures in the IHA to ensure that impacts to marine mammals are mitigated to the lowest level practicable. The primary method of mitigating the risk of disturbance to pinnipeds, which will be in use at all times, is the selection of judicious routes of approach to abalone study sites, avoiding close contact with pinnipeds hauled out on shore, and the use of extreme caution upon approach. In no case will marine mammals be deliberately approached by abalone survey personnel, and in all cases every possible measure will be taken to select a pathway of approach to study sites that minimizes the number of marine mammals potentially harassed. In general, researchers will stay inshore of pinnipeds whenever possible to allow maximum escape to the ocean. Each visit to a given study site will last for approximately 4 hours, after which the site is vacated and can be re-occupied by any marine mammals that may have been disturbed by the presence of abalone researchers. By arriving before low tide, worker presence will tend to encourage pinnipeds to move to other areas for the day before they haul out and settle onto rocks at low tide.</P>

        <P>The following measures will be implemented to avoid disturbances to elephant seal pups. Disturbances to females with dependent pups can be mitigated to the greatest extent practicable by avoiding visits to those intertidal sites with pinnipeds that are actively nursing, with the exception of northern elephant seals. The time of year when GFNMS plans to sample avoids disturbance to young, dependent pups, with the exception of northern elephant seals. Thus, early February and<PRTPAGE P="68110"/>November, at minimum, are preferable for the intertidal survey work in order to minimize the risk of harassment. Harassment of nursing northern elephant seal pups may occur but only to a limited extent. Disruption of nursing to northern elephant seal pups will occur only as biologists pass by the area. No flushing of nursing northern elephant seal pups is anticipated, and no disturbance to newborn northern elephant seals (pups less than 1 week old) is anticipated. Moreover, elephant seals have a much higher tolerance of nearby human activity than sea lions or harbor seals. In the event of finding pinnipeds breeding and nursing, the intertidal monitoring activities will be re-directed to sites where these activities and behaviors are not occurring. This mitigation measure will reduce the possibility of takes by harassment and further reduce the remote possibility of serious injury or mortality of dependent pups.</P>
        <P>GFNMS will suspend sampling and monitoring operations immediately if an injured marine mammal is found in the vicinity of the project area and the abalone site sampling activities could aggravate its condition.</P>
        <P>NMFS has carefully evaluated GFNMS' proposed mitigation measures and considered a range of other measures in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another:</P>
        <P>• The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals;</P>
        <P>• The proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and</P>
        <P>• The practicability of the measure for applicant implementation.</P>
        <P>Based on our evaluation of the final mitigation measures, NMFS has determined that they provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.</P>
        <HD SOURCE="HD1">Monitoring and Reporting</HD>
        <P>In order to issue an ITA for an activity, Section 101(a)(5)(D) of the MMPA states that NMFS must, where applicable, set forth “requirements pertaining to the monitoring and reporting of such taking”. The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the action area.</P>
        <P>Currently many aspects of pinniped research are being conducted by PRBO scientists on the Farallon Islands, which includes elephant seal pup tagging and behavior observations with special notice to tagged animals. Additional observations are always desired, such as observations of pinniped carcasses bearing tags, as well as any rare or unusual marine mammal occurrences. GFNMS' observations and reporting will add to the observational database and on-going marine mammal assessments on the Farallon Islands.</P>
        <P>GFNMS can add to the knowledge of pinnipeds on the South Farallon Islands by noting observations of: (1) Unusual behaviors, numbers, or distributions of pinnipeds, such that any potential follow-up research can be conducted by the appropriate personnel; (2) tag-bearing carcasses of pinnipeds, allowing transmittal of the information to appropriate agencies and personnel; and (3) rare or unusual species of marine mammals for agency follow-up.</P>
        <P>Monitoring requirements in relation to GFNMS' abalone research surveys include observations made by the applicant. Information recorded will include species counts (with numbers of pups/juveniles), numbers of observed disturbances, and descriptions of the disturbance behaviors during the abalone surveys. Observations of unusual behaviors, numbers, or distributions of pinnipeds on the South Farallon Islands will be reported to NMFS and PRBO so that any potential follow-up observations can be conducted by the appropriate personnel. In addition, observations of tag-bearing pinniped carcasses as well as any rare or unusual species of marine mammals will be reported to NMFS and PRBO.</P>
        <P>If at any time injury, serious injury, or mortality of the species for which take is authorized should occur, or if take of any kind of any other marine mammal occurs, and such action may be a result of the abalone research, GFNMS will suspend research activities and contact NMFS immediately to determine how best to proceed to ensure that another injury or death does not occur and to ensure that the applicant remains in compliance with the MMPA.</P>
        <P>A draft final report must be submitted to NMFS Office of Protected Resources within 60 days after the conclusion of the 2012-2013 field season or 60 days prior to the start of the next field season if a new IHA will be requested. The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in the IHA. A final report must be submitted to the Director of the NMFS Office of Protected Resources and to the NMFS Southwest Office Regional Administrator within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered to be the final report.</P>
        <HD SOURCE="HD1">Estimated Take by Incidental Harassment</HD>
        <P>Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].</P>
        <P>All anticipated takes would be by Level B harassment, involving temporary changes in behavior. The mitigation and monitoring measures are expected to minimize the possibility of injurious or lethal takes such that take by injury, serious injury, or mortality is considered remote. Animals hauled out close to the actual survey sites may be disturbed by the presence of biologists and may alter their behavior or attempt to move away from the researchers. No motorized equipment is involved in conducting the abalone monitoring surveys.</P>

        <P>As discussed earlier, NMFS considers an animal to have been harassed if it moved greater than 1 m (3.3 ft) in response to the researcher's presence or if the animal was already moving and changed direction and/or speed, or if the animal flushed into the water. Animals that became alert without such movements were not considered harassed. The distribution of pinnipeds hauled out on beaches is not consistent throughout the year. The number of marine mammals disturbed will vary by month and location. PRBO obtains weekly counts of pinnipeds on the South Farallon Islands, dating back to the early 1970s. GFNMS used data collected by PRBO in February and November 2010 and 2011 (since those are the months they propose to conduct their abalone monitoring in 2012 and<PRTPAGE P="68111"/>2013) to estimate the number of pinnipeds that may potentially be taken by Level B (behavioral) harassment. Table 3 in GFNMS' IHA application and Table 1 here present the maximum numbers of California sea lions, harbor seals, northern elephant seals, northern fur seals, and Steller sea lions that may be present at the various sampling sites in November and February. As indicated in the table, some sites will be sampled in both months and others only in one of the two survey months. Based on this information, NMFS has authorized the take, by Level B harassment only, of 6,850 California sea lions, 175 harbor seals, 225 northern elephant seals, 20 northern fur seals, and 95 Steller sea lions. These numbers are considered to be maximum take estimates; therefore, actual take may be slightly less if animals decide to haul out at a different location for the day or animals are out foraging at the time of the survey activities.</P>
        <HD SOURCE="HD1">Negligible Impact and Small Numbers Analysis and Determination</HD>
        <P>NMFS has defined “negligible impact” in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” In making a negligible impact determination, NMFS considers a variety of factors, including but not limited to: (1) The number of anticipated mortalities; (2) the number and nature of anticipated injuries; (3) the number, nature, intensity, and duration of Level B harassment; and (4) the context in which the take occurs.</P>
        <P>No injuries, serious injuries, or mortalities are anticipated to occur as a result of GFNMS' rocky intertidal monitoring surveys, and none are authorized. The behavioral harassments that could occur would be of limited duration, as researchers only conduct sampling two times per year for a total of 4-8 days each time. Additionally, each site is sampled for approximately 3-4 hours before moving to the next sampling site. Therefore, disturbance will be limited to a short duration, allowing pinnipeds to reoccupy the sites within a short amount of time.</P>
        <P>Some of the pinniped species use the islands to conduct pupping and/or breeding. However, with the exception of northern elephant seals, GFNMS will conduct its abalone site sampling outside of the pupping/breeding seasons. GFNMS will implement measures to minimize impacts to northern elephant seals nursing or tending to dependent pups. Such measures will likely avoid mother/pup separation or trampling of pups.</P>
        <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        <GPH DEEP="475" SPAN="3">
          <PRTPAGE P="68112"/>
          <GID>EN15NO12.103</GID>
        </GPH>
        <BILCOD>BILLING CODE 3510-22-C</BILCOD>
        <P>Of the five marine mammal species anticipated to occur in the activity areas, only the Steller sea lion is listed as threatened under the ESA. The species is also designated as depleted under the MMPA. Table 2 in this document presents the abundance of each species or stock, the authorized take estimates, and the percentage of the affected populations or stocks that may be taken by harassment. Based on these estimates, GFNMS would take less than 1% of each species or stock, with the exception of the California sea lion, which would result in an estimated take of 2.3% of the stock. Because these are maximum estimates, actual take numbers are likely to be lower, as some animals may select other haulout sites the day the researchers are present.</P>

        <P>Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the required mitigation and monitoring measures, NMFS finds that the rocky intertidal monitoring program will result in the incidental take of small numbers of marine mammals, by Level B harassment only, and that the total taking from the rocky intertidal monitoring program will have a negligible impact on the affected species or stocks.<PRTPAGE P="68113"/>
        </P>
        <GPOTABLE CDEF="s50,14,14,14" COLS="4" OPTS="L2,i1">
          <TTITLE>Table 2—Population Abundance Estimates, Total Authorized Level B Take, and Percentage of Population That May Be Taken for the Potentially Affected Species During the Proposed Rocky Intertidal Monitoring Program</TTITLE>
          <BOXHD>
            <CHED H="1">Species</CHED>
            <CHED H="1">Abundance*</CHED>
            <CHED H="1">Total authorized level B take</CHED>
            <CHED H="1">Percentage of stock or<LI>population</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Harbor Seal</ENT>
            <ENT>30,196</ENT>
            <ENT>175</ENT>
            <ENT>0.6</ENT>
          </ROW>
          <ROW>
            <ENT I="01">California Sea Lion</ENT>
            <ENT>296,750</ENT>
            <ENT>6,850</ENT>
            <ENT>2.3</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Northern Elephant Seal</ENT>
            <ENT>124,000</ENT>
            <ENT>225</ENT>
            <ENT>0.2</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Steller Sea Lion</ENT>
            <ENT>58,334-72,223</ENT>
            <ENT>95</ENT>
            <ENT>0.1-0.2</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Northern Fur Seal</ENT>
            <ENT>9,968</ENT>
            <ENT>20</ENT>
            <ENT>0.2</ENT>
          </ROW>

          <TNOTE>* Abundance estimates are taken from the 2011 U.S. Pacific Marine Mammal Stock Assessments (Carretta<E T="03">et al.,</E>2012).</TNOTE>
        </GPOTABLE>
        <HD SOURCE="HD1">Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses</HD>
        <P>There are no relevant subsistence uses of marine mammals implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.</P>
        <HD SOURCE="HD1">Endangered Species Act (ESA)</HD>
        <P>There is one marine mammal species listed as threatened under the ESA with confirmed or possible occurrence in the project area: the eastern U.S. stock of Steller sea lion. NMFS' Permits and Conservation Division conducted consultation with NMFS' Endangered Species Division, Southwest Regional Office, under section 7 of the ESA on the issuance of an IHA to GFNMS under section 101(a)(5)(D) of the MMPA for this activity. In October 2012, NMFS finished conducting its section 7 consultation and issued a Biological Opinion, and concluded that the issuance of the IHA associated with GFNMS' rocky intertidal monitoring program is not likely to jeopardize the continued existence of the threatened eastern U.S. stock of Steller sea lion or result in the destruction or adverse modification of critical habitat for the species. The mitigation measures included in the final IHA have also been included in the Incidental Take Statement provided with the Biological Opinion.</P>
        <HD SOURCE="HD1">National Environmental Policy Act (NEPA)</HD>
        <P>NMFS has prepared an EA that includes an analysis of potential environmental effects associated with NMFS' issuance of an IHA to GFNMS to take marine mammals incidental to conducting rocky intertidal monitoring surveys on the South Farallon Islands, California. NMFS has finalized the EA and prepared a FONSI for this action. Therefore, preparation of an Environmental Impact Statement is not necessary.</P>
        <HD SOURCE="HD1">Authorization</HD>
        <P>As a result of these determinations, NMFS has authorized the take of marine mammals incidental to GFNMS' rocky intertidal and black abalone monitoring research activities, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Helen M. Golde,</NAME>
          <TITLE>Acting Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27817 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">COMMISSION OF FINE ARTS</AGENCY>
        <SUBJECT>Notice of Meeting</SUBJECT>
        <P>The next meeting of the U.S. Commission of Fine Arts is scheduled for 15 November 2012, at 9:00 a.m. in the Commission offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street NW., Washington DC, 20001-2728. Items of discussion may include buildings, parks, and memorials.</P>

        <P>Draft agendas and additional information regarding the Commission are available on our Web site:<E T="03">www.cfa.gov.</E>Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address; by emailing<E T="03">CFAStaff@cfa.gov;</E>or by calling 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.</P>
        <SIG>
          <DATED>Dated: October 31, 2012, in Washington DC.</DATED>
          <NAME>Thomas Luebke, AIA,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27532 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6331-01-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Intent To Prepare a Supplement to the 2008 Environmental Impact Statement for Introduction of the P-8A Multi-Mission Maritime Aircraft Into the U.S. Navy Fleet</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 of 1969 and regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations parts 1500-1508), the Department of the Navy (DoN) announces its intent to prepare a Supplement to the Environmental Impact Statement (EIS) for the Introduction of the P-8A Multi-Mission Maritime Aircraft (MMA) to the U.S. Navy Fleet. The Supplemental EIS will address the potential environmental impacts of new homebasing alternatives and updated P-8A MMA program information.</P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In September 2008, the DoN completed the Final EIS for the Introduction of the P-8A MMA into the U.S. Navy Fleet, which evaluated the environmental impacts of homebasing 12 P-8A MMA fleet squadrons (72 aircraft) and one Fleet Replacement Squadron (FRS) (12 aircraft) at established maritime patrol homebases. The Final EIS analyzed transitioning personnel, new construction or renovation of structures, and all airfield operations necessary to accommodate the P-8A MMA as the DoN phases the P-3C Orion out of service.</P>

        <P>The Assistant Secretary of the Navy for Installations and Environment reviewed the Final EIS, and after carefully weighing the operational, social, and environmental impacts of the proposed action, determined the DoN would homebase five fleet squadrons and the FRS at Naval Air<PRTPAGE P="68114"/>Station (NAS) Jacksonville, four fleet squadrons at NAS Whidbey Island, and three fleet squadrons at Marine Corps Base (MCB) Hawaii Kaneohe Bay, with periodic squadron detachments at NAS North Island (Alternative 5). A notice of the Record of Decision (ROD) was published in the<E T="04">Federal Register</E>on January 2, 2009 (74 FR 100). At the time, Alternative 5 was considered to best meet mission requirements because it optimized operational efficiencies related to training and contractor logistics support functions at the three established maritime patrol homebase locations.</P>
        <P>To meet the DoN's current and future requirements and maximize the efficiency of support facilities, simulation training equipment, and on-site support personnel, the DoN proposes to analyze additional alternatives for P-8A aircraft homebasing. The DoN has determined that a dual-siting alternative, rather than homebasing the aircraft at three locations, now best meets current requirements. The two potential homebase locations for the P-8A MMA are NAS Jacksonville, located in Duval County, Florida, and NAS Whidbey Island, located in Island County, Washington.</P>
        <P>Homebasing the P-8A MMA at two locations would result in differences in numbers of aircraft and personnel, as well as associated facility requirements at several Naval installations when compared to the 2008 ROD. For NAS Jacksonville, this would mean an increase in P-8A MMA aircraft and personnel permanently assigned, but would require no new facilities. For NAS Whidbey Island, this would mean an increase in P-8A MMA aircraft and personnel permanent assigned, as well as an expanded facility footprint. For MCB Hawaii Kaneohe Bay, the proposed dual-siting would result in the new assignment of two rotating P-8A MMA detachments, the elimination of permanently assigned P-8A MMA aircraft and personnel, and a reduced facility footprint. For NAS North Island, there would be no change in P-8A MMA aircraft, personnel or facility requirements from the 2008 ROD.</P>
        <P>The environmental analysis in the Supplemental EIS will focus on several aspects of the proposed action: facility and infrastructure renovation and construction, personnel changes, and aircraft operations at the homebase airfields. Resource areas to be addressed in the Supplemental EIS will include, but not be limited to: air quality, noise environment, land use, socioeconomic, infrastructure and community services, natural resources, biological resources, cultural resources, safety and environmental hazards. The analysis will evaluate direct and indirect impacts, and will account for cumulative impacts from other relevant activities near the installations. Relevant and reasonable measures that could avoid or mitigate environmental effects will also be analyzed. Additionally, the DoN will undertake any consultation applicable by law and regulation. No decision will be made to implement any alternative for homebasing the P-8A aircraft until the Supplemental EIS process is completed and a new ROD is signed by the DoN.</P>

        <P>During the 45-day public comment and agency review period following release of the Draft Supplemental EIS, anticipated in Summer 2013, the DoN will schedule public meetings to discuss findings of the Draft Supplemental EIS and to receive public comments. The public meetings will be held near each of the homebasing locations. Dates, locations, and times for the public meetings will be announced in the<E T="04">Federal Register</E>and local media at the appropriate time.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>The DoN has established a public Web site for the Supplemental EIS:<E T="03">http://www.mmaseis.com.</E>This public web site includes up-to-date information on the project and schedule, as well as related documents associated with the Supplemental EIS and 2008 Final EIS. To be included on the DoN's mailing list for the Supplemental EIS (or to receive a copy of the Draft Supplemental EIS), submit an electronic request through the project Web site under “mailing list” or a written request to: P-8A MMA EIS Project Manager (Code EV21/CZ); Naval Facilities Engineering Command (NAVFAC) Atlantic, 6506 Hampton Blvd., Norfolk, VA 23508.</P>
          <SIG>
            <DATED>Dated: November 8, 2012.</DATED>
            <NAME>S.F. Thompson,</NAME>
            <TITLE>Captain, Office of the Judge Advocate General, U.S. Navy, Alternate Federal Register Liaison Officer.</TITLE>
          </SIG>
        </FURINF>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27762 Filed 11-14-12; 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 Extension of Comment Period for the Draft Environmental Impact Statement for Military Training Activities at the Naval Weapons Systems Training Facility Boardman, OR</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>A notice of availability was published by the U.S. Environmental Protection Agency (EPA) in the<E T="04">Federal Register</E>(77 FR 55213) on September 7, 2012 for Draft Environmental Impact Statement (EIS) for Military Training Activities at the Naval Weapons Systems Training Facility. The public comment period ended on November 6, 2012. This notice confirms a 30 day extension of the public comment period until December 6, 2012 as announced by EPA in the<E T="04">Federal Register</E>on November 9, 2012.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mrs. Amy Burt, Naval Facilities Engineering Command Northwest, 1101 Tautog Circle Suite 203, Silverdale, Washington, 98315-1101, Attn: NWSTF Boardman Project Manager; or<E T="03">http://www.NWSTFBoardmanEIS.com.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The public comment period on the NWSTF Boardman EIS will be extended until December 6, 2012. Comments may be submitted in writing to Naval Facilities Engineering Command Northwest, Attention: Mrs. Amy Burt, NWSTF Boardman EIS Project Manager, 1101 Tautog Circle Suite 203, Silverdale, Washington, 98315-1101. In addition, comments may be submitted online at<E T="03">http://www.NWSTFBoardmanEIS.com</E>during the comment period. All written comments must be postmarked by December 6, 2012, to ensure they become part of the official record. All written comments will be addressed in the Final EIS.</P>
        <P>Copies of the Draft EIS are available for public review at the following libraries:</P>
        <P>1. Multnomah County Library—Central Library, 801 Southwest 10th Avenue, Portland, Oregon.</P>
        <P>2. Oregon Trail Library District—Boardman Library, 200 South Main Street, Boardman, Oregon.</P>
        <P>3. Oregon Trail Library District—Heppner Branch, 444 North Main Street, Heppner, Oregon.</P>
        <P>4. Salem Public Library—Central Branch, 585 Liberty Street Southeast, Salem, Oregon.</P>
        <P>5. Salem Public Library—West Salem Branch, 395 Glen Creek Road Northwest, Salem, Oregon.</P>
        <P>6. Stafford Hansell Government Center, 915 Southeast Columbia Drive, Hermiston, Oregon.</P>

        <P>Copies of the Draft EIS are available for electronic viewing at<E T="03">http://www.NWSTFBoardmanEIS.com.</E>
        </P>
        <SIG>
          <PRTPAGE P="68115"/>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>S.F. Thompson,</NAME>
          <TITLE>Captain, Office of the Judge Advocate General, U.S. Navy, Alternate Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27764 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket Nos. CP13-14-000; PF12-10-000]</DEPDOC>
        <SUBJECT>Millennium Pipeline Company, L.L.C.; Notice of Application</SUBJECT>

        <P>Take notice that on November 1, 2012, Millennium Pipeline Company, L.L.C. (Millennium), One Blue Hill Plaza, Seventh Floor, P.O. Box 1565, Pearl River, New York 10965, filed an application pursuant to Section 7 of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, for authorization to construct, own, and operate the Hancock Compressor Station and related facilities (Project) located in the Town of Hancock, Delaware County, New York. This filing may also be viewed on the Commission's Web site at<E T="03">http://www.ferc.gov</E>using the “eLibrary” link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, call (866) 208-3676 or TTY, (202) 502-8659.</P>
        <P>The Project will consist of a new 15,900 horsepower gas-fired turbine compressor and related facilities located on a 35.8 acre parcel of land (Millennium owns 10.8 acres and has an option to purchase the remaining 25 acres). The purpose of the Project is to provide 107,500 dekatherms per day (Dth/d) of firm transportation service on Millennium's system to the existing interconnection with Algonquin Gas Transmission, L.L.C. in Ramapo, New York and points further east. In addition, depending upon election of primary receipt points by Millennium's shippers, up to an additional 115,000 Dth/d of firm transportation service could be created between a recently completed interconnection with Laser Gathering and an existing interconnection with Columbia Gas Transmission, L.L.C. at Wagoner in Deerpark, New York. Millennium estimates that the project facilities will cost approximately $45.8 million and proposes to charge its existing system rates as recourse rates for the project. However, Millennium specifically does not seek a pre-determination of rolled-in rate treatment for the project's costs. The expansion shippers have elected to pay negotiated rates for the service.</P>

        <P>Any questions regarding this application should be directed to Gary A. Kruse, Vice President—General Counsel &amp; Secretary, Millennium Pipeline Company, L.L.C., One Blue Hill Plaza, Seventh Floor, P.O. Box 1565, Pearl River, New York 10965, by telephone at (845) 620-1300, by facsimile at (845) 620-1320, or by email at<E T="03">kruse@millenniumpipeline.com,</E>or Jessica Fore, Baker Botts L.L.P., 1299 Pennsylvania Avenue NW., Washington, DC 20004-2400, by telephone at (202) 639-7727, by facsimile at (202) 585-1080, or by email at<E T="03">Jessica.fore@bakerbotts.com.</E>
        </P>
        <P>On May 1, 2012, the Commission staff granted Millennium's request to use the pre-filing process and assigned Docket No. PF12-10-000 to staff activities involving the Project. Now, as of the filing of this application on November 1, 2012, the NEPA Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP13-14-000, as noted in the caption of this Notice.</P>
        <P>Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.</P>
        <P>There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.</P>
        <P>However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.</P>
        <P>Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.</P>
        <P>Motions to intervene, protests and comments may be filed electronically via the internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings.</P>
        <P>Comment Date: November 29, 2012.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27734 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68116"/>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Project No. 6952-008]</DEPDOC>
        <SUBJECT>Water Wheel Ranch; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, Protests, Recommendations, and Terms and Conditions</SUBJECT>
        <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
        <P>a.<E T="03">Type of Application:</E>Amendment of Exemption.</P>
        <P>b.<E T="03">Project No.:</E>6952-008.</P>
        <P>c.<E T="03">Date filed:</E>December 12, 2011, and supplemented on October 8, 2012.</P>
        <P>d.<E T="03">Applicant:</E>Water Wheel Ranch.</P>
        <P>e.<E T="03">Name of Project:</E>Water Wheel Ranch Hydroelectric Project.</P>
        <P>f.<E T="03">Location:</E>The Water Wheel Ranch Hydroelectric Project would be located on the North Fork Little Cow Creek in Shasta County, California. The land on which all the project structures are located is owned by the applicant.</P>
        <P>g.<E T="03">Filed Pursuant to:</E>Federal Power Act 16 U.S.C. 791a—825r.</P>
        <P>h.<E T="03">Applicant Contact:</E>Mr. Finley McMillan, P.O. Box 130, Round Mountain, CA 96084. Phone (530) 337-6581.</P>
        <P>i.<E T="03">FERC Contact:</E>Robert Bell, (202) 502-6062,<E T="03">robert.bell@ferc.gov.</E>
        </P>
        <P>j.<E T="03">Status of Environmental Analysis:</E>This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions.</P>
        <P>k.<E T="03">Deadline for filing responsive documents:</E>All comments, motions to intervene, protests, recommendations, terms and conditions, and prescriptions due within<E T="03">30 days</E>from the issuance date of this notice. All reply comments filed in response to comments submitted by any resource agency, Indian tribe, or person, must be filed with the Commission within 15 days from the issuance date of this notice.</P>

        <P>Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at<E T="03">http://www.ferc.gov/docs-filing/efiling.asp.</E>The Commission strongly encourages electronic filings.</P>
        <P>The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
        <P>l.<E T="03">Description of the project:</E>The amended Water Wheel Ranch Hydroelectric Project would consist of: (1) Relocating powerhouse No. 2, which was destroyed by a forest fire, 850 feet closer to the dam, up the existing penstock, (2) installing a new 100-foot-long tailrace which would discharge into Cedar Creek, 1,400 feet upstream of the current discharge location and (3) appurtenant facilities. The applicant states there would be no change in project capacity.</P>

        <P>m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at<E T="03">http://www.ferc.gov/docs-filing/elibrary.asp</E>using the “eLibrary” link. Enter the docket number, P-6952, in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email<E T="03">FERCOnlineSupport@ferc.gov.</E>For TTY, call (202) 502-8659. A copy is also available for review and reproduction at the address in item h above.</P>
        <P>n. Protests or Motions to Intervene—Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application.</P>
        <P>q. All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS”, “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;” (2) set forth in the heading, the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and seven copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Office of Energy Projects, Federal Energy Regulatory Commission, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27731 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. PR13-5-000]</DEPDOC>
        <SUBJECT>TEAK Texana Transmission Company, LP; Notice of Petition for Rate Approval</SUBJECT>
        <P>Take notice that on November 2, 2012, TEAK Texana Transmission Company, LP (TEAK) filed a Petition for Rate Approval pursuant to 284.123(b)(2) of the Commissions regulations for firm and interruptible natural gas transportation services, as more fully detailed in the petition.</P>

        <P>Any person desiring to participate in this rate filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest<PRTPAGE P="68117"/>date need not serve motions to intervene or protests on persons other than the Applicant.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at<E T="03">http://www.ferc.gov.</E>Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>This filing is accessible on-line at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <P>Comment Date: 5:00 p.m. Eastern Time on Friday, November 16, 2012.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27730 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. EL13-18-000]</DEPDOC>
        <SUBJECT>Electric Transmission Texas, LLC; Notice of Petition for Declaratory Order</SUBJECT>
        <P>Take notice that on November 6, 2012, pursuant to section 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure 18 CFR 385.207(a)(2), Electric Transmission Texas, LLC (ETT) filed a petition for declaratory order requesting that the Commission disclaim Federal Power Act (FPA) jurisdiction over (1) the transmission lines that ETT, an electric utility in the Electric Reliability Council of Texas (ERCOT) region that is not a public utility, will own and operate within ERCOT, (2) transmission service over those transmission facilities, and (3) sales of electric energy over the lines by companies that are not public utility companies under the FPA.</P>
        <P>Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at<E T="03">http://www.ferc.gov.</E>Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>This filing is accessible on-line at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <P>
          <E T="03">Comment Date:</E>5:00 p.m. Eastern Time on November 27, 2012.</P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27708 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Docket No. EL13-17-000]</DEPDOC>
        <SUBJECT>Blue Summit Wind, LLC; Notice of Petition for Declaratory Order</SUBJECT>
        <P>Take notice that on November 6, 2012, pursuant to section 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure 18 CFR 385.207(a)(2), Blue Summit Wind, LLC (Blue Summit) filed a petition for declaratory order requesting that the Commission disclaim jurisdiction over (1) interconnection facilities that deliver power from the Blue Summit's wind energy generator (Blue Summit Facility) located within the Southwest Power Pool region to an interconnection point on the transmission system of American Electric Power Company, Inc. and Electric Transmission Texas, LLC, within the Electric Reliability Council of Texas (ERCOT) region, (2) transmission and sales of energy over these interconnection facilities, and (3) the electric utilities in ERCOT that are not public utilities under the Federal Power Act as a result of the interconnection of Blue Summit.</P>
        <P>Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at<E T="03">http://www.ferc.gov.</E>Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>This filing is accessible on-line at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistancewith any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <P>Comment Date: 5:00 p.m. Eastern Time on November 27, 2012.</P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27710 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68118"/>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[ Docket No. PR13-4-000]</DEPDOC>
        <SUBJECT>TexStar Transmission, LP; Notice of Petition for Rate Approval</SUBJECT>
        <P>Take notice that on November 2, 2012, TexStar Transmission, LP (TexStar) filed a Petition for Rate Approval pursuant to 284.123(b)(2) of the Commissions regulations for firm and interruptible natural gas transportation services, as more fully detailed in the petition.</P>
        <P>Any person desiring to participate in this rate filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant.</P>

        <P>The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at<E T="03">http://www.ferc.gov.</E>Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>
        <P>This filing is accessible on-line at<E T="03">http://www.ferc.gov,</E>using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email<E T="03">FERCOnlineSupport@ferc.gov,</E>or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <P>Comment Date: 5:00 p.m. Eastern Time on Friday, November 16, 2012.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27733 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <DEPDOC>[Project No. 13314-001]</DEPDOC>
        <SUBJECT>Corral Creek South Hydro, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications</SUBJECT>
        <P>On April 3, 2012, Corral Creek South Hydro, LLC filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Corral Creek South Pumped Storage Project (project) to be located near Twin Falls in Twin Falls County, Idaho. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.</P>
        <P>The Commission issued a notice on May 11, 2012, accepting the application and soliciting comments, motions to intervene, and competing applications within a 60-day period. On July 10, 2012, the U.S. Department of the Interior filed a comment letter with the Commission stating the Shoshone-Paiute Tribe was not identified in the preliminary permit application as an Indian tribe that may be affected by the project (section 4.32(a)(2)). This notice is extending to the Shoshone-Paiute Tribe a 30-day period for filing comments, motions to intervene, and competing applications.</P>
        <P>The proposed project would consist of: (1) A 180-foot-high, 8,400-foot-long upper earthen dam; (2) an upper reservoir with surface area of 118 acres, storage capacity of 9,120 acre-feet, and maximum pool elevation of 6,620 feet mean sea level (msl); (3) a 200-foot-high, 4,140-foot-long lower earthen dam; (4) a lower reservoir with surface area of 113 acres, storage capacity of 10,880 acre-feet, and maximum pool elevation of 5,500 feet msl; (5) a 30-foot-diameter, 4,710-foot-long steel penstock; (6) a powerhouse containing 4 pump/turbine units with a total installed capacity of 1,100 megawatts; (7) a 10.6-mile-long, 500-kilovolt transmission line; and (8) appurtenant facilities. The estimated annual generation of the project would be 3,212 gigawatt-hours.</P>
        <P>
          <E T="03">Applicant Contact:</E>Mr. Brent L. Smith, COO, Symbiotics LLC, 811 SW Naito Parkway Ste. 120, Portland, OR 97204; phone: (503) 235-3424.</P>
        <P>
          <E T="03">FERC Contact:</E>Kelly Wolcott (202) 502-6480, or by email at<E T="03">kelly.wolcott@ferc.gov.</E>
        </P>
        <P>
          <E T="03">Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications:</E>30 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site<E T="03">http://www.ferc.gov/docs-filing/efiling.asp.</E>Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at<E T="03">http://www.ferc.gov/docs-filing/ecomment.asp.</E>You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.</P>

        <P>More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at<E T="03">http://www.ferc.gov/docs-filing/elibrary.asp.</E>Enter the docket number (P-13314-001) in the docket number field to access the document. For assistance, contact FERC Online Support.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Kimberly D. Bose,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27732 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68119"/>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[EPA-HQ-OECA-2012-0532; FRL-9524-3]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Beverage Can Surface Coating (Renewal)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Additional comments may be submitted on or before December 17, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit your comments, referencing docket ID number EPA-HQ-OECA-2012-0532, to: (1) EPA online, using<E T="03">www.regulations.gov</E>(our preferred method), or by email to:<E T="03">docket.oeca@epa.gov,</E>or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW., Washington, DC 20503.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 564-4113; fax number: (202) 564-0050; email address:<E T="03">williams.learia@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On August 9, 2012 (77 FR 47631), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to both EPA and OMB within 30 days of this notice.</P>

        <P>EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2012-0532, which is available for either public viewing online at<E T="03">http://www.regulations.gov,</E>or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566-1752.</P>
        <P>Use EPA's electronic docket and comment system at<E T="03">http://www.regulations.gov,</E>either to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at<E T="03">http://www.regulations.gov</E>as EPA receives them and without change, unless the comment contains copyrighted material, Confidentiality of Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to<E T="03">www.regulations.gov.</E>
        </P>
        <P>
          <E T="03">Title:</E>NSPS for Beverage Can Surface Coating (Renewal).</P>
        <P>
          <E T="03">ICR Numbers:</E>EPA ICR Number 0663.11, OMB Control Number 2060-0001.</P>
        <P>
          <E T="03">ICR Status:</E>This ICR is scheduled to expire on December 31, 2012. Under OMB regulations, the Agency may continue to either conduct or sponsor the collection of information while this submission is pending at OMB.</P>
        <P>
          <E T="03">Abstract:</E>The affected entities are subject to the General Provisions of the NSPS at 40 CFR part 60, subpart A and any changes, or additions to the Provisions specified at 40 CFR part 60, subpart WW. Owners or operators of the affected facilities must make an initial notification, performance tests, periodic reports, and maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports are also required semiannually.</P>
        <P>
          <E T="03">Burden Statement:</E>The annual public reporting and recordkeeping burden for this collection of information is estimated to average 43 hours per response. “Burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously- applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.</P>
        <P>
          <E T="03">Respondents/Affected Entities:</E>Owners or operators of beverage can surface coating facilities.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>48.</P>
        <P>
          <E T="03">Frequency of Response:</E>Initially, occasionally, and semiannually.</P>
        <P>
          <E T="03">Estimated Total Annual Hour Burden:</E>5,134.</P>
        <P>
          <E T="03">Estimated Total Annual Cost:</E>$597,892, which includes $497,092 in labor costs, no capital/startup costs, and $100,800 in operation and maintenance (O&amp;M) costs.</P>
        <P>
          <E T="03">Changes in the Estimates:</E>There is no change in labor hours in this ICR compared to the previous ICR. This is due to two considerations: (1) The regulations have not changed over the past three years and are not anticipated to change over the next three years; and (2) the growth rate for the industry is very low, negative or non-existent, so there is no significant change in the overall burden. However, there is an increase in the total labor and Agency costs as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in cost estimates reflects updated labors rates available from the Bureau of Labor Statistics.</P>
        <SIG>
          <NAME>John Moses,</NAME>
          <TITLE>Director, Collection Strategies Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27787 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68120"/>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[EPA-HQ-RCRA-2011-0280; FRL-9524-2]</DEPDOC>
        <SUBJECT>Information Collection Request Submitted to OMB for Review and Approval; Comment Request; 2013 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification (Revision)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Environmental Protection Agency has submitted an information collection request (ICR), “2013 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification (Revision)”. (EPA ICR No. 0976.16, OMB Control No. 2050-0024) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501<E T="03">et seq.</E>). This is a proposed amendment of the ICR, which is currently approved through December 31, 2014. Public comments were previously requested via the<E T="04">Federal Register</E>(77 FR 31005) on May 24, 2012 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Additional comments may be submitted on or before December 17, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-2011-0280, to (1) EPA, either online using<E T="03">www.regulations.gov</E>(our preferred method), or by email to<E T="03">rcra-docket@epa.gov,</E>or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB via email to<E T="03">oira_submission@omb.eop.gov.</E>Address comments to OMB Desk Officer for EPA.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Peggy Vyas, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 703-308-5477; fax number: 703-308-8433; email address:<E T="03">vyas.peggy@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at<E T="03">www.regulations.gov</E>or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit<E T="03">http://www.epa.gov/dockets.</E>
        </P>
        <P>
          <E T="03">Abstract:</E>The Hazardous Waste Report Instructions and Forms booklet is updated every two years, to comply with the statutory mandate that EPA conduct a survey of hazardous waste generation at least every two years. The report, known as the “Biennial Report,” has been conducted since 1989, every odd-numbered year, known as the data collection year. The even-numbered years are known as the reporting years. The ICR has been renewed every data collection year, and the forms have been made available to respondents at the beginning of the reporting year. However, EPA is amending the current ICR this year so that the booklet for the next cycle, the 2013 cycle, will be available at the beginning of the data collection year. This change is in response to many requests by States.</P>
        <P>The proposed changes to the 2013 booklet include: (1) Some management method codes will be consolidated in order to ease reporting, (2) the waste minimization codes will be revised in order to assist filers with reporting their waste minimization activities, and (3) editorial changes will be made to the description of some source codes in order to improve clarity for filers.</P>
        <P>This amendment will not affect the Notification booklet or the Part A Permit Application booklet, which are both part of this ICR.</P>
        <P>
          <E T="03">Form Numbers:</E>8700-13 A/B.</P>
        <P>
          <E T="03">Respondents/affected entities:</E>Business or other for-profit as well as State, Local, or Tribal governments.</P>
        <P>
          <E T="03">Respondent's obligation to respond:</E>mandatory (RCRA sections 3002 and 3004).</P>
        <P>
          <E T="03">Estimated number of respondents:</E>56,672.</P>
        <P>
          <E T="03">Frequency of response:</E>Biennially.</P>
        <P>
          <E T="03">Total estimated burden:</E>432,903 hours per year. Burden is defined at 5 CFR 1320.03(b).</P>
        <P>T<E T="03">otal estimated cost:</E>$18,404,963 (per year), includes $18,153,496 annualized labor and $251,467 annualized capital or operation &amp; maintenance costs.</P>
        <P>
          <E T="03">Changes in the Estimates:</E>There is a decrease of 7,341 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due to changes in the waste minimization data reported in Form GM (i.e., use of a revised set of waste minimization codes for which the requirement to submit comments is optional).</P>
        <SIG>
          <NAME>John Moses,</NAME>
          <TITLE>Director, Collection Strategies Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27788 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK</AGENCY>
        <DEPDOC>[Public Notice 2012-0540]</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>AP087225XX.</P>
        <P>
          <E T="03">Purpose and Use:</E>Brief description of the purpose of the transaction:</P>
        <P>To support the export of goods and design, engineering and construction services utilized in the rehabilitation and expansion of a hospital in Ghana.</P>
        <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
        <P>Goods and services will be utilized for the rehabilitation and expansion of a hospital in Ghana.</P>
        <P>To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported are not expected 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>Principal Supplier: Americaribe Inc., USA.<PRTPAGE P="68121"/>
        </P>
        <P>Obligor: Republic of Ghana acting through its Ministry of Finance and Economic Planning.</P>
        <P>Guarantor: N/A.</P>
        <P>
          <E T="03">Description of Items Being Exported:</E>Design, engineering and construction services and related equipment for the rehabilitation and expansion of a hospital.</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 December 10, 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>Sharon A. Whitt,</NAME>
          <TITLE>Agency Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27736 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL DEPOSIT INSURANCE CORPORATION</AGENCY>
        <SUBJECT>Notice of Sunshine Act Meeting</SUBJECT>
        <P>Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:01 a.m. on Tuesday, November 13, 2012, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision, corporate, and resolution activities.</P>
        <P>In calling the meeting, the Board determined, on motion of Director Richard Cordray (Director, Consumer Financial Protection Bureau), seconded by Director Thomas M. Hoenig (Appointive), concurred in by Director Jeremiah O. Norton (Appointive), Director Thomas J. Curry (Comptroller of the Currency), and Acting Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)).</P>
        <P>The meeting was held in the Board Room of the FDIC Building located at 550-17th Street NW., Washington, DC.</P>
        <SIG>
          <DATED>Dated: November 13, 2012.</DATED>
          
          <FP>Federal Deposit Insurance Corporation.</FP>
          <NAME>Robert E. Feldman,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27926 Filed 11-13-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 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>011275-034.</P>
        <P>
          <E T="03">Title:</E>Australia and New Zealand-United States Discussion Agreement.</P>
        <P>
          <E T="03">Parties:</E>ANL Singapore Pte Ltd.; CMA CGM, S.A.; Hamburg-Süd KG; Hapag-Lloyd AG; and Mediterranean Shipping Company S.A.</P>
        <P>
          <E T="03">Filing Party:</E>Wayne R. Rohde, Esq.; Cozen O'Connor LLP; 1627 I Street NW.; Suite 1100; Washington, DC 20006-4007.</P>
        <P>
          <E T="03">Synopsis:</E>The amendment would add A.P. Moller-Maersk AS, trading under the name Maersk Line, as a party to the agreement.</P>
        
        <P>
          <E T="03">Agreement No.:</E>012185.</P>
        <P>
          <E T="03">Title:</E>Priority/Marine Express Space Charter, Sailing and Cooperative Working Agreement.</P>
        <P>
          <E T="03">Parties:</E>Priority RoRo Services, LLC and Marine Express, Inc.</P>
        <P>
          <E T="03">Filing Party:</E>Carlos E. Bayron; Bayron Law Offices, P.S.C.; P.O. Box 6461, Mayaguez, PR 00681.</P>
        <P>
          <E T="03">Synopsis:</E>The agreement would authorize the parties to share vessels and charter space to each other in the trade between Puerto Rico and the Dominican Republic.</P>
        
        <P>
          <E T="03">Agreement No.:</E>012186.</P>
        <P>
          <E T="03">Title:</E>Crowley/Priority Ro/Ro Space Charter and Sailing Agreement.</P>
        <P>
          <E T="03">Parties:</E>Crowley Latin America Services, LLC and Priority Ro/Ro Services, Inc.</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 Priority to charter space to Crowley in the trade between Puerto Rico and the Dominican Republic for cargo originating in Puerto Rico as well as for cargo being transshipped in Puerto Rico.</P>
        <SIG>
          <P>By Order of the Federal Maritime Commission.</P>
          
          <DATED>Dated: November 9, 2012.</DATED>
          <NAME>Rachel E. Dickon,</NAME>
          <TITLE>Assistant Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27833 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company</SUBJECT>
        <P>The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).</P>
        <P>The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 29, 2012.</P>
        <P>A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:</P>
        <P>1.<E T="03">The Selken Family (Teresa L. Selken Revocable Trust #2, Teresa L. Selken, Keystone, Iowa, Trustee; William D. Selken and Teresa A. Selken, both of Keystone, Iowa; Ronald J. Selken, Council Bluffs, Iowa; Ryan J. Selken, Keystone, Iowa; and Renae C. McKay, Iowa City, Iowa)</E>together as a group, to gain control of Keystone Community Bancorporation, Keystone, Iowa, and thereby indirectly control Keystone Savings Bank, Keystone, Iowa.</P>
        <SIG>
          <PRTPAGE P="68122"/>
          <DATED>Board of Governors of the Federal Reserve System, November 9, 2012.</DATED>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27744 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL RESERVE SYSTEM</AGENCY>
        <SUBJECT>Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies</SUBJECT>

        <P>The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461<E T="03">et seq.</E>) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a savings association and nonbanking companies owned by the savings and loan 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 application also will 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 HOLA (12 U.S.C. 1467a(e)). 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 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). 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 December 10, 2012.</P>
        <P>A. Federal Reserve Bank of Minneapolis (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:</P>
        <P>1<E T="03">. The Miller Family 2012 Trust U/A Dated December 21, 2012, St. Cloud, Minnesota;</E>to become a savings and loan holding company and acquire 31.14 percent of Liberty Financial Services of Saint Cloud, Inc., Saint Cloud, MN, and thereby indirectly acquire control of Liberty Savings Bank, FSB, Saint Cloud, Minnesota.</P>
        <SIG>
          <DATED>Board of Governors of the Federal Reserve System, November 9, 2012.</DATED>
          <NAME>Robert deV. Frierson,</NAME>
          <TITLE>Secretary of the Board.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27745 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <DEPDOC>[Document Identifier HHS-OS-17883-30D]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Secretary, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, has submitted an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB) for review and approval. The ICR is for a new collection. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public on this ICR during the review and approval period.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on the ICR must be received on or before December 17, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit your comments to<E T="03">OIRA_submission@omb.eop.gov</E>or via facsimile to (202) 395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Information Collection Clearance staff,<E T="03">Information.CollectionClearance@hhs.gov</E>or (202) 690-6162.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>When submitting comments or requesting information, please include the Information Collection Request Title and document identifier HHS-OS-17883-30D for reference.</P>
        <P>
          <E T="03">Information Collection Request Title:</E>Teen Pregnancy Prevention Replication Evaluation Study: Follow-up Data Collection.</P>
        <P>
          <E T="03">Abstract:</E>The Office of Adolescent Health (OAH), Office of the Assistant Secretary for Health (OASH), Office of the Secretary (OS), U.S. Department of Health and Human Services (HHS), is overseeing and coordinating adolescent pregnancy prevention evaluation efforts as part of the Teen Pregnancy Prevention Initiative. OAH is working collaboratively with the Office of the Assistant Secretary for Planning and Evaluation (ASPE), the Centers for Disease Control and Prevention (CDC), and the Administration for Children and Families (ACF) on adolescent pregnancy prevention evaluation activities.</P>
        <P>OAH will jointly oversee with ASPE the Teen Pregnancy Prevention Replication Evaluation Study (TPP Replication Study). The TPP Replication Study will be a random assignment evaluation which will determine the extent to which evidence-based program models that have been shown to be effective in an earlier trial, demonstrate effects on adolescent sexual risk behavior and teenage pregnancy when they are replicated with different populations.</P>
        <P>OAH and ASPE are proposing follow-up data collection activity as part of the TPP Replication Evaluation. Specifically, there will be two follow-up data collection points: (1) Short-term follow-up data collection 6 to 12 months post-baseline; and (2) longer-term follow-up data collection 18-24 months post-baseline. Respondents will be asked to answer carefully selected questions about risk and protective factors related to teen pregnancy, intermediate outcomes, and behavioral outcomes.</P>
        <P>The survey data will be collected through private, self-administered questionnaires completed by study participants, i.e. adolescents assigned to a select school or community teen pregnancy prevention program or a control group. Surveys will be distributed and collected by trained professional staff.</P>
        <P>
          <E T="03">Need and Proposed Use of the Information:</E>Information from this data collection will be used to perform meaningful analysis to determine significant program effects. The findings from this evaluation will be of interest to the general public, to policy-makers, and to organizations interested in teen pregnancy prevention.</P>
        <P>
          <E T="03">Likely Respondents:</E>Adolescents, either assigned to teen pregnancy preview programs or part of a control group.</P>
        <P>
          <E T="03">Burden Statement:</E>Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. This includes the time needed to review instructions, to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information, to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review<PRTPAGE P="68123"/>the collection of information, and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.</P>
        <GPOTABLE CDEF="s50,r50,12,12,12,12" COLS="6" OPTS="L2,i1">
          <TTITLE>Total Estimated Annualized Burden—Hours</TTITLE>
          <BOXHD>
            <CHED H="1">Form name</CHED>
            <CHED H="1">Type of respondents</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses per respondent</LI>
            </CHED>
            <CHED H="1">Average<LI>burden per</LI>
              <LI>response</LI>
              <LI>(in hours)</LI>
            </CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Safer Sex Intervention</ENT>
            <ENT>Sexually active youth</ENT>
            <ENT>1,900</ENT>
            <ENT>2</ENT>
            <ENT>0.5</ENT>
            <ENT>1,900</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Reducing the Risk</ENT>
            <ENT>Sexually active youth</ENT>
            <ENT>1,900</ENT>
            <ENT>2</ENT>
            <ENT>0.5</ENT>
            <ENT>1,900</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Reducing the Risk</ENT>
            <ENT>Sexually inexperienced youth</ENT>
            <ENT>1,900</ENT>
            <ENT>2</ENT>
            <ENT>0.5</ENT>
            <ENT>1,900</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT/>
            <ENT>5,700</ENT>
            <ENT/>
            <ENT/>
            <ENT>5,700</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <NAME>Keith A. Tucker,</NAME>
          <TITLE>Information Collection Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27770 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4168-11-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBJECT>Privacy Act of 1974; System of Records Notice</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Minority Health (OMH), Office of the Assistant Secretary for Health (OASH), Office of the Secretary (OS), Department of Health and Human Services (HHS).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice to establish a new Privacy Act system of records notice (SORN).</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the requirements of the Privacy Act of 1974, the Office of Minority Health, Office of the Assistant Secretary for Health, Office of the Secretary of Health and Human Services (HHS/OS/OASH/OMH) is establishing a new system of records, “Think Cultural Health,” to support its Think Cultural Health Web site Program. The system will provide educational information, training, best practices, and tools to health professionals as one initiative to help them accomplish cultural competency in accordance with national Culturally and Linguistically Appropriate Services (CLAS) Standards. The CLAS standards were originally promulgated by OMH in 2001 and are being revised and enhanced in order to guide health and health care organizations in the provision of culturally and linguistically appropriate services that will improve the health care of all Americans.</P>

          <P>The system will maintain registration and training records containing personally identifiable information (PII) about individual health professionals who are registrants/users of the Think Cultural Health Web site. The program and the system of records are more thoroughly described in the<E T="02">Supplementary Information</E>section and System of Records Notice (SORN) below.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Dates:</E>Effective 30 days after publication. Written comments should be submitted on or before the effective date. HHS/OS/OASH/OMH may publish an amended SORN in light of any comments received.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The public should address written comments to Mr. Guadalupe Pacheco, Senior Health Advisor to the Director, Office of Minority Health, by mail or email, at 1101 Wootton Parkway, Suite 600, Rockville, MD 20852 or<E T="03">guadalupe.pacheco@hhs.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mr. Guadalupe Pacheco, Senior Health Advisor to the Director, Office of Minority Health, 1101 Wootton Parkway, Suite 600, Rockville, MD 20852. He can be reached by telephone at (240) 453-6174 or via email at<E T="03">guadalupe.pacheco@hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. The Think Cultural Health Web Site Program</HD>
        <P>The Think Cultural Health Web site Program was created in recognition of the effectiveness of on-line distance learning. It supports the HHS/OS/OASH/OMH in complying with the cultural competency requirements of the Affordable Care Act of 2010 (Pub. L. 111-148), as well as the HHS Action Plan to Reduce Racial and Ethnic Health Disparities, the National Stakeholder Strategy for Achieving Health Equity, Healthy People 2020, the Secretary's Strategic Plan priorities, and the Assistant Secretary for Health's Public Health Quality Agenda. The program will use a Web site to post information such as cultural competency, language access and health disparities articles, and notices of health disparities conferences for viewing by any visitors to the site. Other resources, consisting of training and newsletters, will be available through the Web site to health professionals who register to use those resources. The Think Cultural Health system will not collect PII about visitors, but will collect PII about registrants/users. Use of the resources offered on the site is voluntary, but registration information is required to determine if the site is used by variety of health professionals, representing different disciplines, skill sets, and demographic locations. The provision of data concerning the registrant's gender and race is optional. Additionally, training and test records are needed for reports to accrediting bodies.</P>
        <HD SOURCE="HD1">II. The Privacy Act</HD>

        <P>The Privacy Act (5 U.S.C. 552a) governs the means by which the United States Government collects, maintains, and uses PII in a system of records. A “system of records” is a group of any records under the control of a Federal agency from which information about individuals is retrieved by name or other personal identifier. The Privacy Act requires each agency to publish in the<E T="04">Federal Register</E>a SORN identifying and describing each system of records the agency maintains, including the purposes for which the agency uses PII in the system, the routine uses for which the agency discloses such information outside the agency, and how individual record subjects can exercise their rights under the Privacy Act (e.g., to determine if the system contains information about them).</P>
        <PRIACT>
          <HD SOURCE="HD1">SYSTEM NUMBER:</HD>
        </PRIACT>
        <FP>09-90-1202</FP>
        <PRIACT>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
        </PRIACT>
        <FP>Think Cultural Health</FP>
        <PRIACT>
          <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
        </PRIACT>
        <FP>Unclassified</FP>
        <PRIACT>
          <HD SOURCE="HD2">SYSTEM LOCATION:</HD>

          <P>Servers: The servers hosting the system will be housed at Equinix Data Center 2, Ashburn, VA. Portals: This<PRTPAGE P="68124"/>system will be accessed via the Internet at<E T="03">www.ThinkCulturalHealth.hhs.gov.</E>System Software: System software is maintained by Astute Technology in Reston, Virginia.</P>
          <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
          <P>The system will contain PII about individual health professionals who register to receive a monthly newsletter distributed via email through the site or to take training offered on the site.</P>
          <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
          <P>The system will contain the following categories of records and PII data elements:</P>
          <P>•<E T="03">Newsletter registration records and E-learning registration records,</E>including registrant's first and last name, email address, User ID number, user name, street address, degree, certificate type, gender, age, race/ethnicity, practice setting, level of seniority, primary role, years in profession, notification information, and current and future contact information.</P>
          <P>•<E T="03">E-learning training and test records,</E>including registrant's first and last name, evaluation data, pretest and posttest scores, and E-learning registration information.</P>
          <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
          <P>The statutory authority for maintenance of the system is Section 5307 of the Affordable Care Act of 2010, Public Law 111-148, codified at 42 U.S.C. 293e and 42 U.S.C. 296e-1.</P>
          <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
          <P>HHS/OS/OASH/OMH personnel will use PII in the system, on a “need to know” basis, for the following purposes:</P>
          <P>• To identify individuals who request to receive the Think Cultural Health newsletter;</P>
          <P>• To identify individuals who enroll in the Think Cultural Health E-learning program and receive continuing education credits;</P>
          <P>• To report the fulfillment of continuing education credits to the accrediting bodies; and</P>
          <P>• To evaluate statistics showing how, where, and by whom the program is utilized; for HHS research, marketing, and quality improvement purposes directed at ensuring the site is used by individuals representing a variety of skills and backgrounds.</P>
          <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
          <P>The system may disclose records containing PII to parties outside HHS for the following routine uses:</P>
          <P>1. Certain E-learning test records, consisting of the registrant's name, evaluation data, pretest and posttest scores, and registration information, will be disclosed to accrediting bodies (such as Cine-Med and Indian Health Services), for their use in reporting continuing education credits for health professionals who complete all or part of the training program.</P>
          <P>2. Records may be disclosed to agency contractors, consultants, or HHS grantees who have been engaged by the agency to assist in accomplishment of an HHS function relating to the purposes of this system of records and who need to have access to the records in order to assist HHS.</P>
          <P>3. Records may be disclosed to the Department of Justice (DOJ), a court, or an adjudicatory body when:</P>
          <P>• The agency or any component thereof; or</P>
          <P>• Any employee of the agency in his or her official capacity, or</P>
          <P>• Any employee of the agency in his or her individual capacity where DOJ has agreed to represent the employee, or</P>
          <P>• The United States Government,</P>
        </PRIACT>
        
        <FP>is a party to litigation or has an interest in such litigation and, by careful review, HHS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court, or adjudicatory body is compatible with the purpose for which the agency collected the records.</FP>
        <PRIACT>
          <P>4. Records may be disclosed to another Federal agency or an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local governmental agency) that administers, or that has the authority to investigate potential fraud, waste, or abuse in federally funded programs, when disclosure is deemed reasonably necessary by HHS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste or abuse in such programs.</P>
          <P>5. Records may be disclosed to appropriate Federal agencies and Department contractors that have a need to know the information for the purpose of assisting the Department's efforts to respond to a suspected or confirmed breach of the security or confidentiality of information maintained in this system of records, when the information disclosed is relevant and necessary for that assistance.</P>

          <P>6. Records may become accessible to U.S. Department of Homeland Security (DHS) cyber security personnel, if captured in an intrusion detection system used by HHS and DHS pursuant to the Einstein 2 program. Under Einstein 2, DHS uses intrusion detection systems to monitor Internet traffic to and from federal computer networks to prevent malicious computer code from reaching the networks. According to DHS' Privacy Impact Assessment for Einstein 2 (available on the DHS Cybersecurity privacy Web site,<E T="03">http://www.dhs.gov/files/publications/editorial_0514.shtm#4</E>), only PII that is directly related to a malicious code security incident is captured and accessible to DHS, and DHS does not access any captured PII; however, accessibility alone may constitute a disclosure under the Privacy Act.</P>
          <P>The system may also disclose PII data for any of the uses authorized directly in the Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11).</P>
          <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM</HD>
          <HD SOURCE="HD2">STORAGE:</HD>
          <P>Information will be collected via email, web form, or telephone. Electronic records are stored in databases on magnetic tape, on magnetic disk and in secure electronic files at the contractor's location (Astute Technology, Reston, VA), the data center (Equinix, Ashburn, VA) and at the tape storage facility (GRM, Capital Heights, MD).</P>
          <HD SOURCE="HD2">RETRIEVABILITY:</HD>
          <P>Registration and training records will be retrieved by registrant/user name, email address, or User ID number.</P>
          <HD SOURCE="HD2">SAFEGUARDS:</HD>
          <P>Access to the records in the Think Cultural Health database will be limited to agency contractors, consultants, or HHS grantees who have been engaged by the agency to assist in accomplishment of an HHS function utilizing password security, encryption, firewalls and secured operating system.</P>
          <HD SOURCE="HD2">RETENTION AND DISPOSAL:</HD>
          <P>Information about newsletter recipients will be maintained until requested to be removed by the individual on whom the information is maintained. Information about training registrants will be maintained for a minimum of six years after the contract is no longer funded.</P>
          <HD SOURCE="HD2">SYSTEM MANAGER AND ADDRESS:</HD>

          <P>Guadalupe Pacheco, Senior Health Advisor to the Director, Office of Minority Health, 1101 Wootton Parkway, Suite 600, Rockville, MD 20852.<PRTPAGE P="68125"/>
          </P>
          <HD SOURCE="HD2">NOTIFICATION PROCEDURE:</HD>
          <P>Individuals wishing to know if this system contains records about them should write to the System Manager and include the email address used for registration.</P>
          <HD SOURCE="HD2">RECORD ACCESS PROCEDURE:</HD>
          <P>Individuals seeking access to records about them in this system should follow the same instructions indicated under “Notification Procedure” and indicate the record(s) to which access is sought (e.g., newsletter registration, E-learning registration, or training record).</P>
          <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
          <P>Individuals seeking to contest the content of information about them in this system should follow the same instructions indicated under “Notification Procedure.” The request should reasonably identify the record, specify the information contested, state the corrective action sought, and provide the reasons for the correction, with supporting justification.</P>
          <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
          <P>All information will be collected directly from the Web site registrants/users themselves when they complete one or more than one of the following information collection forms:</P>
          <P>• Center for Linguistic and Cultural Competency in Health Care (CLCCHC) Registration Form</P>
          <P>• A Physician's Practical Guide to Culturally Competent Care Registration Form</P>
          <P>• Culturally Competent Nursing Care: A Cornerstone of Caring Registration Form</P>
          <P>• Cultural Competency Curriculum for Disaster Preparedness and Crisis Response Registration Form</P>
          <P>• Health Care Language Services Implementation Guide Registration Form</P>
          <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THIS SYSTEM:</HD>
        </PRIACT>
        <FP>None</FP>
        <SIG>
          <DATED>Dated: May 15, 2012.</DATED>
          <NAME>J. Nadine Gracia,</NAME>
          <TITLE>Deputy Assistant Secretary for Minority Health (Acting), Office of Minority Health, U.S. Department of Health and Human Services.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27699 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4150-29-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Agency for Toxic Substances and Disease Registry</SUBAGY>
        <SUBJECT>Statement of Organization, Functions, and Delegations of Authority</SUBJECT>
        <P>Part J (Agency for Toxic Substances and Disease Registry) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (50 FR 25129-25130, dated June 17, 1985, as amended most recently at 75 FR 70276, dated November 17, 2010) is amended to reflect the reorganization of the Agency for Toxic Substances and Disease Registry (ATSDR).</P>
        <P>Section T-B, Organization and Functions, is hereby amended as follows:</P>
        <P>Delete in their entirety the titles and functional statements for the Division of Regional Operations (JAAB), Division of Health Assessment and Consultation (JAAC), Division of Health Studies (JAAE), and the Division of Toxicology and Environmental Medicine (JAAG), and insert the following:</P>
        <P>
          <E T="03">Division of Community Health Investigations (JAAM).</E>(1) Conducts public health assessments, health consultations, and other related public health activities to determine the health implications of releases or threatened releases of toxic substances into the environment; in particular, such activities are conducted for Superfund and Resource Conservation and Recovery Act (RCRA) sites, petition requests, and other sites or instances where communities have been or may have been exposed to toxic substances in the environment; (2) plans, manages, directs, and conducts the regional operations of the Agency; (3) provides liaison, technical advice, and consultation to the Environmental Protection Agency, other federal, tribal, state, and local agencies, private organizations, community groups, and individuals on eliminating or mitigating public health problems resulting from the release of hazardous substances into the environment; (4) conducts and evaluates exposure pathways analyses and other exposure screening analyses to identify impacted communities, to include exposure investigations (biologic sampling, personal monitoring, etc.), exposure-dose reconstruction, and related environmental assessments, as appropriate; (5) identifies appropriate interventions for impacted communities to prevent exposures and/or adverse health effects; (6) issues public health advisories when a release or threatened release of a toxic substance poses an imminent health hazard; (7) plans, prepares, and executes appropriate community involvement and health educational strategies/activities/programs for communities affected or potentially affected by toxic substances released into the environment; (8) manages the ATSDR-mandated program for conducting site-specific activities at petitioned sites; (9) manages and implements ATSDR's Site-Specific Cooperative Agreement Program; (10) coordinates the Agency's environmental public health training program; (11) provides technical support and field presence for routine emergency and disaster response as appropriate; and (12) engages with regional partners to accomplish special programs that promote environmental health (i.e., brownfields/land reuse activities and environmental justice).</P>
        <P>
          <E T="03">Office of the Director (JAAM1).</E>(1) Provides overall leadership in directing, coordinating, evaluating, and managing all programmatic and administrative operations of the division; (2) develops programmatic goals and objectives and provides leadership, policy formation, and guidance in program planning, development, and evaluation; (3) coordinates division activities with other components of ATSDR and other federal, tribal, state and local agencies; (4) provides overall leadership and management of division activities pertaining to federal facilities response, petition coordination, special environmental public health programs (i.e., brownfields/land reuse), and community involvement/health education; (5) ensures regional offices have support for timely responses to regional partners; (6) ensures support for regional emergency response activities; (7) works with the Washington, D.C. regional office to ensure coordination with the Environmental Protection Agency at the national level; (8) assesses the need and develops training for public health professionals conducting site-specific activities, and coordinates the delivery of these courses for the training of federal staff, American Indian/Alaska Native tribal members, and state partners; (9) plans, directs, coordinates, and manages ATSDR's Site-Specific Cooperative Agreement Program; (10) reviews and evaluates the scientific accuracy and clarity of public health assessments, health consultations, and community outreach and health education materials; (11) ensures the quality and consistency in the science and format used in the development of<PRTPAGE P="68126"/>divisional products and materials; (12) develops outreach messages following the procedures and policies of the Agency's Office of Communication; (13) provides timely responses to policy activities (i.e., Freedom of Information Act (FOIA), congressional inquiries, budget formulation, and briefings); and (14) develops measures of divisional productivity and reports to the Agency and CDC director.</P>
        <P>
          <E T="03">Eastern Branch (JAAMB).</E>The branch serves regions 1-3 by performing the following: (1) Manages a wide range of public health assessment requests, including private-sector petitions and regional-led activities, that are assigned based on branch staff expertise; (2) monitors the progress of work plan activities, and reviews and evaluates the scientific accuracy and clarity of public health assessments, health consultations, and related materials; (3) plans, directs, coordinates, evaluates, conducts, and manages operations and activities at National Priorities List sites, federal sites, and RCRA sites; (4) issues public health assessments, health consultations, public health advisories, and provides technical assistance; (5) establishes working relationships with regional partners to ensure hazardous chemical exposures are addressed regionally; (6) operates regional offices providing liaison, technical advice, and consultation to the Environmental Protection Agency, other federal, tribal, state, and local agencies, private organizations, community groups, and individuals on eliminating or mitigating public health problems resulting from the release of hazardous substances into the environment; (7) ensures regional offices have adequate support to provide timely responses to external partners; (8) ensures regional offices have continued support for emergency response and removal activities; (9) participates in regional initiatives to ensure prevention and reduction of hazardous waste exposures; (10) plans, coordinates, implements, and evaluates ATSDR's health promotion, health education, and community involvement site-specific programs; (11) communicates the agency's roles, responsibilities, and public health information to public and professional audiences to mitigate health effects from potential and actual exposures to toxic substances; (12) advocates for the public health needs of communities affected by environmental hazards; (13) links members of the public in communities affected by hazardous waste with technical and scientific staff and resources, where appropriate; (14) collaborates with other ATSDR program areas and partners to ensure cultural awareness and respect are observed and practiced in all activities that involve communities, American Indian/Alaska Native tribes, tribal governments and tribal organizations; (15) develops programmatic goals and objectives, and contributes to policy formation and guidance in program planning, development and evaluation; and (16) provides health physics expertise for all division public health assessment activities and serves as the division's liaison to radiation disaster response teams.</P>
        <P>
          <E T="03">Central Branch (JAAMC).</E>The branch serves regions 4-6 by performing the following: (1) Manages a wide range of public health assessment requests, including private-sector petitions and regional-led activities, that are assigned based on branch staff expertise; (2) monitors the progress of work plan activities, and reviews and evaluates the scientific accuracy and clarity of public health assessments, health consultations, and related materials; (3) plans, directs, coordinates, evaluates, conducts, and manages operations and activities at National Priorities List sites, federal sites, and RCRA sites; (4) issues public health assessments, health consultations, public health advisories, and provides technical assistance; (5) establishes working relationships with regional partners to ensure hazardous chemical exposures are addressed regionally; (6) operates regional offices providing liaison, technical advice, and consultation to the Environmental Protection Agency, other federal, tribal, state, and local agencies, private organizations, community groups, and individuals on eliminating or mitigating public health problems resulting from the release of hazardous substances into the environment; (7) ensures regional offices have adequate support to provide timely responses to external partners; (8) ensures regional offices have continued support for emergency response and removal activities; (9) participates in regional initiatives to ensure prevention and reduction of hazardous waste exposures; (10) plans, coordinates, implements, and evaluates ATSDR's health promotion, health education, and community involvement site-specific programs; (11) communicates the agency's roles, responsibilities, and public health information to public and professional audiences to mitigate health effects from potential and actual exposures to toxic substances; (12) advocates for the public health needs of communities affected by environmental hazards; (13) links members of the public in communities affected by hazardous waste with technical and scientific staff and resources, where appropriate; (14) collaborates with other ATSDR program areas and partners to ensure cultural awareness and respect are observed and practiced in all activities that involve communities, American Indian/Alaska Native tribes, tribal governments and tribal organizations; (15) develops programmatic goals and objectives, and contributes to policy formation and guidance in program planning, development and evaluation; and (16) provides health physics expertise for all division public health assessment activities and serves as the division's liaison to radiation disaster response teams.</P>
        <P>
          <E T="03">Western Branch (JAAMD).</E>The branch serves regions 7-10 by performing the following: (1) Manages a wide range of public health assessment requests, including private-sector petitions and regional-led activities, that are assigned based on branch staff expertise; (2) monitors the progress of work plan activities, and reviews and evaluates the scientific accuracy and clarity of public health assessments, health consultations, and related materials; (3) plans, directs, coordinates, evaluates, conducts, and manages operations and activities at National Priorities List sites, federal sites, and RCRA sites; (4) issues public health assessments, health consultations, public health advisories, and provides technical assistance; (5) establishes working relationships with regional partners to ensure hazardous chemical exposures are addressed regionally; (6) operates regional offices providing liaison, technical advice, and consultation to the Environmental Protection Agency, other federal, tribal, state, and local agencies, private organizations, community groups, and individuals on eliminating or mitigating public health problems resulting from the release of hazardous substances into the environment; (7) ensures regional offices have adequate support to provide timely responses to external partners; (8) ensures regional offices have continued support for emergency response and removal activities; (9) participates in regional initiatives to ensure prevention and reduction of hazardous waste exposures; (10) plans, coordinates, implements, and evaluates ATSDR's health promotion, health education, and community involvement site-specific programs; (11) communicates the agency's roles, responsibilities, and public health information to public and professional audiences to mitigate health effects from potential and actual exposures to toxic<PRTPAGE P="68127"/>substances; (12) advocates for the public health needs of communities affected by environmental hazards; (13) links members of the public in communities affected by hazardous waste with technical and scientific staff and resources, where appropriate; (14) collaborates with other ATSDR program areas and partners to ensure cultural awareness and respect are observed and practiced in all activities that involve communities, American Indian/Alaska Native tribes, tribal governments and tribal organizations; (15) develops programmatic goals and objectives, and contributes to policy formation and guidance in program planning, development and evaluation; and (16) provides health physics expertise for all division public health assessment activities and serves as the division's liaison to radiation disaster response teams.</P>
        <P>
          <E T="03">Science Support Branch (JAAME).</E>(1) Serves as the lead branch for planning, directing, coordinating, evaluating, conducting, and managing the division's operations and activities for exposure investigations, exposure-dose reconstruction, and modeling; (2) coordinates within and across branch and divisional units to provide technical expertise for a wide-range of activities that support the division and agency's public health mandates and priorities; and (3) provides modeling and other analytic expertise to analyze the impact of exposures.</P>
        <P>
          <E T="03">Division of Toxicology and Human Health Sciences (JAAN).</E>The Division of Toxicology and Human Health Sciences develops and coordinates a research agenda and program that integrates epidemiology and environmental medicine with toxicology. This includes investigating the relationships between exposures to hazardous substances and adverse health effects. In order to do this, the division: (1) coordinates all activities associated with human health studies, surveillance activities, and registries; (2) provides epidemiologic, toxicologic, geospatial, and biostatistical assistance and consultation to site-specific activities across ATSDR including chemical-specific consultations as needed; (3) coordinates all activities associated with toxicological profiles including associated research; (4) develops and applies science-based health education tools, methods and strategies to deliver messages, education, and training; and (5) provides technical expertise and site specific support in addressing the health issues presented by emergency or acute release events and threatened releases of hazardous materials.</P>
        <P>
          <E T="03">Office of the Director (JAAN1).</E>(1) Plans, directs, coordinates, and manages the operations of the division; (2) provides leadership in the development of goals and objectives, policy formulation, and program planning, development and evaluation; (3) facilitates the science, including analytic support, of the division and undertakes special scientific activities; (4) coordinates division activities with other components of ATSDR, CDC, and other federal agencies; (5) ensures the quality and consistency in the science and format used in the development of divisional products and materials; (6) develops outreach messages following the procedures and policies of the Agency's Office of Communication; (7) provides timely responses to policy activities (i.e., FOIA inquiries, congressional inquiries, budget formulation, and briefings); and (8) develops measures of divisional productivity and reports to the Agency and CDC director.</P>
        <P>
          <E T="03">Geospatial Research, Analysis and Services Program (JAAN12).</E>(1) Researches and analyzes geospatial trends and patterns relevant to environmental health and emergency preparedness and response; (2) promotes and integrates the use of geospatial science and systems with data and technology; and (3) collaborates with scientists at CDC/ATSDR and public health partners on geospatial research and service needs.</P>
        <P>
          <E T="03">Emergency Response Program (JAAN13).</E>(1) Provides technical expertise and site-specific support in addressing the health issues presented by emergency or acute release events and threatened releases of hazardous materials; (2) provides remote and on-site support during chemical emergencies to federal, tribal, state, and local agencies, and the general public, with emphasis on preparing for and preventing emergency events; (3) develops information resources and guidance for first responders and health care providers for use in responding to unplanned releases and spills; and (4) works with the National Response Program and CDC guidelines to collaborate with other federal, tribal, state, and local agencies during emergency response situations.</P>
        <P>
          <E T="03">Environmental Epidemiology Branch (JAANB).</E>(1) Provides scientific expertise in environmental epidemiology; (2) designs and conducts human health, including epidemiologic, studies to evaluate the association between exposure to hazardous substances and adverse health effects; (3) provides expert medical and environmental epidemiologic consultation; and (4) implements extramural research programs that involve human health investigations.</P>
        <P>
          <E T="03">Environmental Health Surveillance Branch (JAANC).</E>(1) Provides scientific expertise in surveillance of hazardous substances; (2) designs and conducts surveillance and registry programs to evaluate the adverse health effects on persons exposed to hazardous substances; (3) conducts health follow-up activities resulting from surveillance and registries; and (4) implements extramural research programs that involve surveillance and registries.</P>
        <P>
          <E T="03">Environmental Medicine Branch (JAAND).</E>(1) Provides scientific expertise for environmental medicine and health education; (2) develops, disseminates, and applies science-based health education strategies, services, and tools to deliver key messages, education, and training to state and other public health partners; and (3) provides leadership in development, implementation, and evaluation of internal and external professional health education and environmental medicine activities.</P>
        <P>
          <E T="03">Environmental Toxicology Branch (JAANE).</E>(1) Provides scientific expertise for the development and dissemination of toxicological information; (2) develops and disseminates toxicological profiles; (3) develops, implements, and coordinates a program of research designed to identify priority data needs and associated health effects for various hazardous substances; (4) coordinates toxicological information and research activities with the Environmental Protection Agency, the National Toxicology Program, the Interagency Testing Committee, other appropriate federal, tribal, state, and local programs and other public and private concerns; and (5) develops and applies, through consultations, a program of computational toxicology research to enhance traditionally based approaches using modeling tools and techniques.</P>
        <SIG>
          <DATED>Dated: October 29, 2012.</DATED>
          <NAME>Sherri A. Berger,</NAME>
          <TITLE>Chief Operating Officer, Centers for Disease Control and Prevention.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27533 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4160-70-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68128"/>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Food and Drug Administration</SUBAGY>
        <DEPDOC>[Docket No. FDA-2012-N-1106]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors With Interest in Exporting to Chile</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of the guidance document entitled “Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors With Interest in Exporting to Chile.”</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on the collection of information by January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit electronic comments on the collection of information to<E T="03">http://www.regulations.gov.</E>Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document.</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

        <P>Domini Bean, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T, Rockville, MD 20850,<E T="03">domini.bean@fda.hhs.gov.</E>
        </P>
        <SUPLHD>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

          <P>Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.</P>
          <P>With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.</P>
        </SUPLHD>
        <HD SOURCE="HD1">Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors With Interest in Exporting to Chile (OMB Control Number 0910-0509)—Extension</HD>

        <P>As a direct result of discussions that have been adjunct to the U.S./Chile Free Trade Agreement, Chile has recognized FDA as the competent U.S. food safety authority and has accepted the U.S. regulatory system for dairy inspections. Chile has concluded that it will not require individual inspections of U.S. firms by Chile as a prerequisite for trade, but will accept firms identified by FDA as eligible to export to Chile. Therefore, inthe<E T="04">Federal Register</E>of June 22, 2005 (70 FR 36190), FDA announced the availability of a revised guidance document entitled “Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors With Interest in Exporting to Chile.” The guidance can be found at<E T="03">http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/ImportsExports/ucm078936.htm.</E>The guidance document explains that FDA has established a list that is provided to the government of Chile and posted on<E T="03">http://www.fda.gov/Food/InternationalActivities/Exports/ucm120245.htm,</E>which identifies U.S. dairy product manufacturers/processors that have expressed interest to FDA in exporting dairy products to Chile, are subject to FDA jurisdiction, and are not the subject of a pending judicial enforcement action (i.e., an injunction or seizure) or a pending warning letter. The term “dairy products,” for purposes of this list, is not intended to cover the raw agricultural commodity raw milk. Application for inclusion on the list is voluntary. However, Chile has advised that dairy products from firms not on this list could be delayed or prevented by Chilean authorities from entering commerce in Chile. The guidance explains what information firms should submit to FDA in order to be considered for inclusion on the list and what criteria FDA intends to use to determine eligibility for placement on the list. The document also explains how FDA intends to update the list and how FDA intends to communicate any new information to Chile. Finally, the guidance notes that FDA considers the information on this list, which is provided voluntarily with the understanding that it will be posted on FDA's Web site and communicated to, and possibly further disseminated by, Chile, to be information that is not protected from disclosure under 5 U.S.C. 552(b)(4). Under the guidance, FDA recommends that U.S. firms that want to be placed on the list send the following information to FDA: Name and address of the firm and the manufacturing plant; name, telephone number, and email address (if available) of the contact person; a list of products presently shipped and expected to be shipped in the next 3 years; identities of agencies that inspect the plant and the date of last inspection; plant number and copy of last inspection notice; and, if other than an FDA inspection, copy of last inspection report. FDA requests that this information be updated every 2 years.</P>

        <P>FDA estimates the burden of this collection of information as follows:<PRTPAGE P="68129"/>
        </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 respondent</LI>
            </CHED>
            <CHED H="1">Total annual responses</CHED>
            <CHED H="1">Average<LI>burden per</LI>
              <LI>response</LI>
            </CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">New written requests to be placed on the list</ENT>
            <ENT>25</ENT>
            <ENT>1</ENT>
            <ENT>25</ENT>
            <ENT>1.5</ENT>
            <ENT>38</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Biannual update</ENT>
            <ENT>88</ENT>
            <ENT>1</ENT>
            <ENT>88</ENT>
            <ENT>1.0</ENT>
            <ENT>88</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Occasional updates</ENT>
            <ENT>25</ENT>
            <ENT>1</ENT>
            <ENT>25</ENT>
            <ENT>0.5</ENT>
            <ENT>13</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>139</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>There are no capital costs or operating and maintenance costs associated with this collection of information.</TNOTE>
        </GPOTABLE>
        <P>The estimate of the number of firms that will submit new written requests to be placed on the list, biannual updates, and occasional updates is based on FDA's experience maintaining the list over the past 7 years. The estimate of the number of hours that it will take a firm to gather the information needed to be placed on the list or update its information is based on FDA's experience with firms submitting similar requests. FDA believes that the information to be submitted will be readily available to the firms.</P>
        <P>On average, over the last 3 years, the list contained approximately 176 firms. FDA estimates that, each year, approximately 25 new firms will apply to be added to the list. In any given year, some firms choose not to resubmit their information. These firms are removed from the list quarterly. This occurrence results in the number of firms to remain at approximately 176. We estimate that a firm will require 1.5 hours to read the guidance, gather the information needed, and to prepare a communication to FDA that contains the information and requests that the firm be placed on the list for a total of 37.5 hours, rounded to 38. Under the guidance, every 2 years each producer on the list must provide updated information in order to remain on the list. FDA estimates that each year approximately half of the firms on the list, 88 firms (176 × 0.5 = 88), will resubmit the information to remain on the list. We estimate that a firm already on the list will require 1.0 hours to biannually update and resubmit the information to FDA, including time reviewing the information and corresponding with FDA, for a total of 88 hours. In addition, FDA expects that, each year, approximately 25 firms will need to submit an occasional update and each firm will require 0.5 hours to prepare a communication to FDA reporting the change, for a total of 12.5 hours, rounded to 13.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27723 Filed 11-14-12; 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-1108]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Comment Request; Interstate Shellfish Dealer's Certificate</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of the Interstate Shellfish Dealer's Certificate.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on the collection of information by January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit electronic comments on the collection of information to<E T="03">http://www.regulations.gov.</E>Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Domini Bean, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T, Rockville, MD 20850,<E T="03">domini.bean@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.</P>

        <P>With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.<PRTPAGE P="68130"/>
        </P>
        <HD SOURCE="HD1">Interstate Shellfish Dealer's Certificate (OMB Control Number 0910-0021)—Extension</HD>
        <P>Under 42 U.S.C. 243, FDA is required to cooperate with and aid State and local authorities in the enforcement of their health regulations and is authorized to assist States in the prevention and suppression of communicable diseases. Under this authority, FDA participates with State regulatory agencies, some foreign nations, and the molluscan shellfish industry in the National Shellfish Sanitation Program (NSSP).</P>
        <P>NSSP is a voluntary, cooperative program to promote the safety of molluscan shellfish by providing for the classification and patrol of shellfish growing waters and for the inspection and certification of shellfish processors. Each participating State and foreign nation monitors its molluscan shellfish processors and issues certificates for those that meet the State or foreign shellfish control authority's criteria. Each participating State and nation provides a certificate of its certified shellfish processors to FDA on Form FDA 3038, “Interstate Shellfish Dealer's Certificate.” FDA uses this information to publish the “Interstate Certified Shellfish Shippers List,” a monthly comprehensive listing of all molluscan shellfish processors certified under the cooperative program. If FDA did not collect the information necessary to compile this list, participating States would not be able to identify and keep out shellfish processed by uncertified processors in other States and foreign nations. Consequently, NSSP would not be able to control the distribution of uncertified and possibly unsafe shellfish in interstate commerce, and its effectiveness would be nullified.</P>
        <P>FDA estimates the burden of this collection of information as follows:</P>
        <GPOTABLE CDEF="s50,10C,12C,12C,10C,10C,10C" COLS="7" OPTS="L2,i1">
          <TTITLE>Table 1—Estimated Annual Reporting Burden<SU>1</SU>
          </TTITLE>
          <BOXHD>
            <CHED H="1">Activity</CHED>
            <CHED H="1">FDA Form No.</CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Number of<LI>responses</LI>
              <LI>per</LI>
              <LI>respondent</LI>
            </CHED>
            <CHED H="1">Total annual responses</CHED>
            <CHED H="1">Average burden per response</CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Submission of Interstate Shellfish Dealer's Certificate</ENT>
            <ENT>3038</ENT>
            <ENT>40</ENT>
            <ENT>57</ENT>
            <ENT>2,280</ENT>
            <ENT>0.10</ENT>
            <ENT>228</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>There are no capital costs or operating and maintenance costs associated with this collection of information.</TNOTE>
        </GPOTABLE>
        <P>FDA estimates that 40 respondents will submit 2,280 Interstate Shellfish Dealer's Certificates annually, for a total burden of 228 hours (2,280 submissions × 0.10 hours = 228 hours). This estimate is based on FDA's experience and the number of certificates received in the past 3 years.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27722 Filed 11-14-12; 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-1105]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Hazard Analysis and Critical Control Point Manuals for Operators and Regulators of Retail and Food Service Establishments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection associated with FDA's technical assistance reference manuals provided to State, local, territorial, and tribal jurisdictions, and other Federal Agencies to interpret and promote the application of Hazard Analysis and Critical Control Point (HACCP) principles to reduce the risk of foodborne illness in the operation of retail and food service establishments.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on the collection of information by January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit electronic comments on the collection of information to<E T="03">http://www.regulations.gov.</E>Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Domini Bean, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T, Rockville, MD 20850,<E T="03">domini.bean@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the<E T="04">Federal Register</E>concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.</P>

        <P>With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the<PRTPAGE P="68131"/>collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.</P>
        <HD SOURCE="HD1">Voluntary Hazard Analysis and Critical Control Point Manuals for Operators and Regulators of Retail and Food Service Establishments (OMB Control Number 0910-0578)—Extension</HD>
        <P>HACCP principles are designed to reduce the occurrence of foodborne illness risk factors through preventive controls. FDA has developed two technical assistance reference manuals that interpret and promote the application of HACCP principles to reduce the risk of foodborne illness in the operation of retail and food service establishments.</P>
        <P>The responsibility and authority for regulating retail and food service establishments lie primarily with State and local governments. Officials in State, local, territorial, and tribal agencies inspect these food facilities, license establishments, issue permits, and enforce their State or local government's laws and regulations. FDA's Retail Food Protection Program provides assistance to the more than 3,000 State and local government agencies that regulate the retail food industry nationally. The primary objective of the Retail Food Protection Program is to prevent foodborne illness at the retail level of the food industry by directing activities toward promotion of effective State and local regulatory programs. FDA provides assistance to State, local, territorial, and tribal regulatory jurisdictions through multiple means including, but not limited to, training and technical assistance. Authority for providing such assistance is derived from section 311 of the Public Health Service Act (42 U.S.C. 243). In addition, FDA's mission under section 903(b)(2)(A) of the Federal Food, Drug, and Cosmetic Act (the FD&amp;C Act) (21 U.S.C. 393(b)(2)(A)) includes ensuring that foods are safe, wholesome, and sanitary, and section 903(b)(4) of the FD&amp;C Act directs FDA to cooperate with food retailers, among others, in carrying out this part of its mission.</P>

        <P>The first manual, entitled “Managing Food Safety: A Manual for the Voluntary Use of HACCP Principles for Operators of Food Service and Retail Establishments” (Operator's Manual) (available at<E T="03">http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/ManagingFoodSafetyHACCPPrinciples/Operators/default.htm</E>), provides operators of retail and food service establishments a roadmap for developing a food safety management system based on HACCP principles. Food safety management systems allow establishment operators to take a proactive role in ensuring that the food served or sold in their establishment is safe. Rather than responding to a foodborne illness when it occurs, they can prevent it by taking active steps to eliminate, prevent, or reduce to an acceptable level food safety hazards that may cause someone to become sick or injured.</P>

        <P>The second manual, entitled “Managing Food Safety: A Regulator's Manual for Applying HACCP Principles to Risk-based Retail and Food Service Inspections and Evaluating Voluntary Food Safety Management Systems” (Regulator's Manual) (available at<E T="03">http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/ManagingFoodSafetyHACCPPrinciples/Regulators/default.htm</E>), provides State, local, territorial, and tribal regulatory authorities with a model for prioritizing inspections using a risk-based approach. The Regulator's Manual provides a roadmap for evaluating retail and food service establishments based on the application of HACCP principles.</P>
        <P>FDA developed the manuals as technical assistance reference resources for regulators and operators to help reduce the risk of foodborne illness. There is no Federal requirement that retail and food service establishments implement food safety management systems based on HACCP principles. State, local, territorial, and tribal regulatory authorities decide whether to require food safety management systems in the operation of retail and food service establishments. Regulators and operators will not submit information to FDA based on these manuals.</P>
        <P>Regulators and retail and food service operators use the manuals as technical assistance reference resources. The Regulator's Manual contains information, recommendations and model documents for State, local, territorial, and tribal regulators who wish to develop practices for risk-based inspections of retail and food service establishments based on the application of HACCP principles. The Operator's Manual contains information, recommendations and model documents for operators of retail and food service establishments who wish to develop and/or validate the practices used in a food safety management system based on HACCP principles.</P>
        <P>
          <E T="03">Description of Respondents:</E>The respondents are State, local, territorial, and tribal regulatory jurisdictions and operators of retail and food service establishments in the United States. Respondents are from both the public sector (State, local, territorial, and tribal governments) and the private sector (for-profit businesses).</P>
        <P>FDA estimates the burden of this collection of information as follows:</P>
        <GPOTABLE CDEF="s50,12,12,10,xs68,10" COLS="6" OPTS="L2,i1">
          <TTITLE>Table 1—Estimated Annual Recordkeeping Burden<SU>1</SU>
          </TTITLE>
          <BOXHD>
            <CHED H="1">Activity</CHED>
            <CHED H="1">Number of<LI>recordkeepers</LI>
            </CHED>
            <CHED H="1">Annual frequency per recordkeeping</CHED>
            <CHED H="1">Total annual records</CHED>
            <CHED H="1">Hours per record</CHED>
            <CHED H="1">Total hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reference of Technical Assistance Manuals by Operators</ENT>
            <ENT>25,000</ENT>
            <ENT>1</ENT>
            <ENT>25,000</ENT>
            <ENT>0.2 (12 minutes)</ENT>
            <ENT>5,000</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Reference of Technical Assistance Manuals by Regulators</ENT>
            <ENT>1,500</ENT>
            <ENT>1</ENT>
            <ENT>1,500</ENT>
            <ENT>0.25  (15 minutes)</ENT>
            <ENT>375</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Total</ENT>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT/>
            <ENT>5,375</ENT>
          </ROW>
          <TNOTE>
            <SU>1</SU>There are no capital costs or operating and maintenance costs associated with this collection of information.</TNOTE>
        </GPOTABLE>

        <P>The number of operator recordkeepers estimated in column 2 of Table 1 is based on FDA's goal to have 50,000 (<FR>1/2</FR>of 1 percent) of the approximately one million U.S. retail and food service operators implement the recommendations outlined in the two manuals, as estimated in 2009 (73 FR 77721, at 77722). FDA's estimate of the total number of retail and food service establishments is based on numbers obtained from the two major trade organizations representing these industries, the Food Marketing Institute and the National Restaurant Association. Gathering reference material to develop and/or validate food safety management system practices is a one-time burden. We assume that those 50,000 operators have utilized FDA's technical assistance manuals to the<PRTPAGE P="68132"/>degree that they chose to do so over the past 3 years and over the next 3 years will only need to reference these manuals on an as-needed basis. FDA estimates that, annually, approximately one half of the operators, 25,000, will choose to reference FDA's information, recommendations or model documents.</P>
        <P>The number of regulator recordkeepers estimated in column 2 of Table 1 is based on FDA's estimate that there are approximately 3,000 State, local, territorial, and tribal regulatory jurisdictions. Gathering and reviewing reference material to develop practices for risk-based inspections of retail and food service establishments based on HACCP principles is a one-time burden. We assume that those 3,000 regulatory jurisdictions have utilized FDA's technical assistance manuals to the degree that they chose to do so over the past 3 years and over the next 3 years will only need to reference these manuals on an as-needed basis. FDA estimates that, annually, approximately one half of the regulatory jurisdictions (1,500) will choose to reference FDA's information, recommendations or model documents.</P>
        <P>The hours per record estimated in column 2 of Table 1 are based on FDA's experience with similar technical assistance materials offered by the Agency. FDA estimates that over the next 3 years regulators and operators will only need to reference these manuals on an as needed basis. We estimate that it will take an operator with a specific need for information approximately 12 minutes (0.2 hour) to gather and record the data from the manuals. We estimate that it will take a regulator with a specific need for information approximately 15 minutes (0.25 hour) to gather and record the data from the manuals.</P>
        <P>The total recordkeeping burden of the technical assistance manuals is 5,375 hours, as shown in Table 1.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27721 Filed 11-14-12; 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-1995-N-0031; (formerly Docket No. 1995N-0205) ]</DEPDOC>
        <SUBJECT>Compliance Guidance for Small Business Entities on Labeling for Bronchodilators: Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Availability</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is announcing the availability of a compliance guidance for small business entities entitled “Labeling for Bronchodilators: Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Small Entity Compliance Guide.” This guidance is intended to help small businesses understand and comply with the requirements of the final rule that provides new labeling applicable to all over-the-counter (OTC) bronchodilator drug products marketed without an approved application. The guidance describes the bronchodilator labeling requirements in plain language and provides answers to common questions on how to comply with the rule. This guidance was prepared in accordance with the Small Business Regulatory Fairness Act.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on Agency guidances at any time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for electronic access to the guidance document.</P>
          <P>Submit electronic comments on the guidance to<E T="03">http://www.regulations.gov.</E>Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Elaine Abraham, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 22, Rm. 5410, Silver Spring, MD 20993-0002, 301-796-2090.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>
        <P>FDA is announcing the availability of a compliance guidance for small business entities entitled “Labeling for Bronchodilators: Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Small Entity Compliance Guide.” This small entity compliance guide applies to OTC bronchodilator drug products used to treat asthma that are marketed without an approved application (i.e., under the OTC bronchodilator monograph) (21 CFR part 341). OTC bronchodilators are those that contain any of the ephedrine ingredients (i.e., ephedrine, ephedrine hydrochloride, ephedrine sulfate, and racephedrine hydrochloride) or epinephrine ingredients (i.e., epinephrine, epinephrine bitartrate, and racepinephrine hydrochloride) listed under 21 CFR 341.16.</P>
        <P>This guidance summarizes the July 26, 2011, final rule (76 FR 44475) regarding OTC bronchodilator drug products, which makes the following changes to the OTC regulations:</P>
        <P>• Sets forth a new use statement, warnings (including an Asthma Alert warning), and directions that are required in the labeling of OTC bronchodilator drug products under 21 CFR 341.76.</P>
        <P>• Revises labeling requirements for OTC bronchodilator drug products to ensure consistency with the standardized Drug Facts content and formatting requirements set forth in 21 CFR 201.66.</P>
        <P>Manufacturers must be in compliance with the rule beginning on January 23, 2012.</P>
        <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the Agency's current thinking on labeling for OTC bronchodilator drug products. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations.</P>
        <HD SOURCE="HD1">II. Comments</HD>

        <P>Interested persons may submit either written comments regarding this document to the Division of Dockets Management (see<E T="02">ADDRESSES</E>) or electronic comments to<E T="03">http://www.regulations.gov.</E>It is only necessary to send one set of comments. Identify comments with the docket<PRTPAGE P="68133"/>number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at<E T="03">http://www.regulations.gov.</E>
        </P>
        <HD SOURCE="HD1">III. Electronic Access</HD>

        <P>Persons with access to the Internet may obtain the document at either<E T="03">http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm</E>or<E T="03">http://www.regulations.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27724 Filed 11-14-12; 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-2011-D-0799]</DEPDOC>
        <SUBJECT>Guidance for Industry: Use of Nucleic Acid Tests on Pooled and Individual Samples From Donors of Whole Blood and Blood Components, Including Source Plasma, To Reduce the Risk of Transmission of Hepatitis B Virus; Availability</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is announcing the availability of a document entitled “Guidance for Industry: Use of Nucleic Acid Tests on Pooled and Individual Samples from Donors of Whole Blood and Blood Components, including Source Plasma, to Reduce the Risk of Transmission of Hepatitis B Virus,” dated October 2012. The guidance document provides recommendations on the use of FDA-licensed nucleic acid tests (NAT) to screen blood donors for hepatitis B virus (HBV) deoxyribonucleic acid (DNA) and recommendations for product testing and disposition, donor management, methods for donor requalification, and product labeling. In addition, the guidance provides notification that FDA considers the use of an FDA-licensed HBV NAT to be necessary to reduce adequately and appropriately the risk of transmission of HBV. The guidance is intended for blood establishments that collect Whole Blood and blood components for transfusion or for further manufacture, including recovered plasma, Source Plasma and Source Leukocytes. The guidance announced in this notice finalizes the draft guidance of the same title, dated November 2011. The guidance also supplements previous memoranda and guidance from FDA concerning the testing of donations for hepatitis B surface antigen (HBsAg) and antibody to hepatitis B core antigen (anti-HBc) and the management of donors and donations mentioned in those documents.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on Agency guidances at any time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written requests for single copies of the guidance to the Office of Communication, Outreach and Development (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for electronic access to the guidance document.</P>
          <P>Submit electronic comments on the guidance to<E T="03">http://www.regulations.gov.</E>Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Paul E. Levine, Jr.,Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-6210.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Background</HD>
        <P>FDA is announcing the availability of a document entitled “Guidance for Industry: Use of Nucleic Acid Tests on Pooled and Individual Samples from Donors of Whole Blood and Blood Components, including Source Plasma, to Reduce the Risk of Transmission of Hepatitis B Virus,” dated October 2012. FDA is providing blood establishments that collect Whole Blood and blood components for transfusion or for further manufacture, including recovered plasma, Source Plasma and Source Leukocytes, with recommendations concerning the use of FDA-licensed NAT to screen blood donors for HBV DNA. FDA is also providing these blood establishments with recommendations for product testing and disposition, donor management, methods for donor requalification, and product labeling.</P>
        <P>In addition, FDA is notifying those blood establishments that FDA considers the use of an FDA-licensed HBV NAT to be necessary to reduce adequately and appropriately the risk of transmission of HBV. FDA-licensed HBV NAT can detect evidence of infection at an earlier stage than is possible using previously approved HBsAg and anti-HBc tests. Therefore, FDA is recommending the use FDA-licensed HBV NAT, in accordance with the requirements under Title 21 Code of Federal Regulations, 610.40(a) and (b) (21 CFR 610.40(a) and (b)).</P>
        <P>The guidance supplements previous memoranda and guidance from FDA to blood establishments concerning the testing of donations for HBsAg and anti-HBc, and the management of donors and donations mentioned in those documents. Note that testing Whole Blood and blood components for transfusion and Source Leukocytes for further manufacture for HBsAg and anti-HBc, and Source Plasma for HBsAg, should continue when a blood establishment implements HBV NAT. FDA may consider advancements in technology for testing blood donations, as well as data obtained following the implementation of HBV NAT, to make future recommendations on adequate and appropriate testing for HBV.</P>
        <P>In the<E T="04">Federal Register</E>of November 28, 2011 (76 FR 72950), FDA announced the availability of the draft guidance of the same title, dated November 2011. FDA received several comments on the draft guidance and those comments were considered as the guidance was finalized. In addition to minor editorial changes made to improve clarity, changes to the draft guidance include revised labeling recommendations and an extension of the time for implementation of the guidance to 6 months after publication of the final guidance. The guidance announced in this notice finalizes the draft guidance dated November 2011.</P>
        <P>The guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents FDA's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirement of the applicable statutes and regulations.</P>
        <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>

        <P>This guidance refers to previously approved collections of information found in FDA regulations. These<PRTPAGE P="68134"/>collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in § 601.12 and in §§ 606.121 and 610.40 have been approved under OMB control numbers 0910-0338 and 0910-0116, respectively.</P>
        <HD SOURCE="HD1">III. Comments</HD>

        <P>Interested persons may submit either written comments regarding this document to the Division of Dockets Management (see<E T="02">ADDRESSES</E>) or electronic comments to<E T="03">http://www.regulations.gov.</E>It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at<E T="03">http://www.regulations.gov.</E>
        </P>
        <HD SOURCE="HD1">IV. Electronic Access</HD>

        <P>Persons with access to the Internet may obtain the guidance at either<E T="03">http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm</E>or<E T="03">http://www.regulations.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27783 Filed 11-14-12; 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>Submission for OMB Review; Comment Request (30-day): National Institute of Nursing Research (NINR) Summer Genetics Institute Alumni Survey</SUBJECT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This information collection was previously published in the<E T="04">Federal Register</E>on June 29, 2012, page 38840 and allowed 60-days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.</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: Office of Management and Budget, Office of Regulatory Affairs,<E T="03">OIRA_submission@omb.eop.gov</E>or by fax to 202-395-6974, Attention: Desk Officer for NIH. To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Dr. Amanda Greene, Office of Science Policy and Public Liaison, NINR, NIH, Democracy One, 6701 Democracy Blvd., Suite 700, Bethesda, MD 20892 or call non-toll-free number (301) 496-9601 or Email your request, including your address to:<E T="03">amanda.greene@nih.gov.</E>
          </P>
          <P>Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.</P>
          <HD SOURCE="HD1">Proposed Collection: National Institute of Nursing Research (NINR) Summer Genetics Institute Alumni Survey, -0925-New</HD>
          <P>
            <E T="03">Need and Use of Information Collection:</E>The NINR Summer Genetics Institute Alumni Survey will obtain information on the long-term outcomes of the NINR Summer Genetics Institute training program for nurse scientists and faculty. Target participants are alumni of this training institute which began in 2000. The survey inquires about career activities, including research, clinical, teaching and educational activities, since completion of the NINR Summer Genetics Institute. This is a 39-item survey that takes an average of 30 minutes to complete. The findings will provide valuable information on the influence of the Institute in developing genetics research capability among Institute alumni, and development and expansion of clinical practice in genetics among alumni who are nurse clinicians.</P>
          <P>OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 75.</P>
        </SUM>
        <GPOTABLE CDEF="s50,12C,12C,12C,12C" COLS="5" OPTS="L2,i1">
          <TTITLE>Estimated Annualized Burden Hours</TTITLE>
          <BOXHD>
            <CHED H="1">Type of<LI>respondent</LI>
            </CHED>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Frequency of response</CHED>
            <CHED H="1">Average time per response (in hours)</CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Researchers</ENT>
            <ENT>150</ENT>
            <ENT>1</ENT>
            <ENT>30/60</ENT>
            <ENT>75</ENT>
          </ROW>
        </GPOTABLE>
        <SIG>
          <DATED>Dated: November 2, 2012.</DATED>
          <NAME>Amanda Greene,</NAME>
          <TITLE>Project Clearance Liaison, NINR, National Institutes of Health.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27578 Filed 11-14-12; 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 Mental Health; Notice of Meeting</SUBJECT>
        <P>Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Interagency Autism Coordinating Committee (IACC) Subcommittee for Services Research and Policy.</P>
        <P>The IACC Subcommittee for Services Research and Policy will be having a webinar/conference call on Tuesday, November 27, 2012. The Subcommittee will discuss and vote on draft Updates for Chapters 5 and 6 of the 2012 IACC Strategic Plan, which include services and lifespan issues. These Updates will describe recent progress that has been made in the autism field as well as any new gap areas in research that have emerged since the previously released 2011 Strategic Plan. The meeting will be open to the public and accessible by webinar and conference call.</P>
        
        <EXTRACT>
          <PRTPAGE P="68135"/>
          <P>
            <E T="03">Name of Committee:</E>Interagency Autism Coordinating Committee (IACC).</P>
          <P>
            <E T="03">Type of meeting:</E>Subcommittee for Services Research and Policy.</P>
          <P>
            <E T="03">Date:</E>November 27, 2012.</P>
          <P>
            <E T="03">Time:</E>11:00 a.m. to 2:00 p.m. Eastern Time.</P>
          <P>
            <E T="03">Agenda:</E>The Subcommittee will discuss and vote on 2012 IACC Strategic Plan Updates for Chapters 5 and 6 that will describe recent progress that has been made in the autism field and identify new gap areas in research that have emerged.</P>
          <P>
            <E T="03">Webinar: https://www2.gotomeeting.com/register/949976034.</E>
          </P>
          <P>
            <E T="03">Conference Call:</E>Dial: 888-390-0854, Access code: 9876377.</P>
          <P>
            <E T="03">Cost:</E>The conference call and webinar is free.</P>
          <P>
            <E T="03">Contact Person:</E>Ms. Lina Perez, Office of Autism Research Coordination, National Institute of Mental Health, NIH, 6001 Executive Boulevard, NSC, Room 6182A, Rockville, MD 20852, Phone: 301-443-6040, Email:<E T="03">IACCPublicInquiries@mail.nih.gov.</E>
          </P>
          <P>Please Note:</P>

          <P>The webinar and conference call will be open to the public. Members of the public who participate using the conference call phone number will be able to listen to the meeting but will not be heard. If you experience any technical problems with the conference call, please email<E T="03">iacchelpdesk2012@gmail.com.</E>
          </P>
          <P>If you experience any technical problems with the web presentation tool, please contact GoToWebinar at (800) 263-6317. To access the web presentation tool on the Internet the following computer capabilities are required: (A) Internet Explorer 5.0 or later, Netscape Navigator 6.0 or later or Mozilla Firefox 1.0 or later; (B) Windows® 2000, XP Home, XP Pro, 2003 Server or Vista; (C) Stable 56k, cable modem, ISDN, DSL or better Internet connection; (D) Minimum of Pentium 400 with 256 MB of RAM (Recommended); (E) Java Virtual Machine enabled (Recommended).</P>
          <P>Individuals who participate by using this electronic service and who need special assistance such as captioning or other reasonable accommodations should submit a request to the Contact Person listed on this notice at least 5 days prior to the meeting.</P>
          <P>This notice is being published less than 15 days prior to the meeting due to the urgent need for the Subcommittee to discuss the update of the IACC Strategic Plan prior to the IACC meeting scheduled for December 18, 2012.</P>
          <P>Schedule is subject to change.</P>

          <P>Information about the IACC and a registration link for this meeting are available on the Web site:<E T="03">http://www.iacc.hhs.gov.</E>
          </P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27685 Filed 11-14-12; 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 Mental Health; Notice of Meeting</SUBJECT>
        <P>Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Interagency Autism Coordinating Committee (IACC) Subcommittee for Basic and Translational Research.</P>
        <P>The IACC Subcommittee for Basic and Translational Research will be having a webinar/conference call on Monday, November 26, 2012. The Subcommittee will discuss and vote on draft Updates for Chapters 1, 2, 3, 4 and 7 of the 2012 IACC Strategic Plan, which include the diagnosis, underlying biology, risk factors, treatments and interventions, and infrastructure and surveillance needs and advances in autism research. These Updates will describe recent progress that has been made in the autism field as well as any new gap areas in research that have emerged since the previously released 2011 Strategic Plan. The meeting will be open to the public and accessible by webinar and conference call.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Interagency Autism Coordinating Committee (IACC).</P>
          <P>
            <E T="03">Type of meeting:</E>Subcommittee for Basic and Translational Research.</P>
          <P>
            <E T="03">Date:</E>November 26, 2012.</P>
          <P>
            <E T="03">Time:</E>12:00 p.m. to 3:00 p.m. Eastern Time.</P>
          <P>
            <E T="03">Agenda:</E>The Subcommittee will discuss and vote on 2012 IACC Strategic Plan Updates for Chapters 1, 2, 3, 4, and 7 that will describe recent progress that has been made in the autism field and identify new gap areas in research that have emerged.</P>
          <P>
            <E T="03">Webinar: https://www2.gotomeeting.com/register/425502082.</E>
          </P>
          <P>
            <E T="03">Conference Call:</E>Dial: 888-790-1866, Access code: 1503040.</P>
          <P>
            <E T="03">Cost:</E>The conference call and webinar is free.</P>
          <P>
            <E T="03">Contact Person:</E>Ms. Lina Perez, Office of Autism Research Coordination, National Institute of Mental Health, NIH, 6001 Executive Boulevard, NSC, Room 6182A, Rockville, MD 20852, Phone: 301-443-6040, Email:<E T="03">IACCPublicInquiries@mail.nih.gov.</E>
          </P>
          <P>Please Note:</P>

          <P>The webinar and conference call will be open to the public. Members of the public who participate using the conference call phone number will be able to listen to the meeting but will not be heard. If you experience any technical problems with the conference call, please email<E T="03">iacchelpdesk2012@gmail.com.</E>
          </P>
          <P>If you experience any technical problems with the web presentation tool, please contact GoToWebinar at (800) 263-6317. To access the web presentation tool on the Internet the following computer capabilities are required: (A) Internet Explorer 5.0 or later, Netscape Navigator 6.0 or later or Mozilla Firefox 1.0 or later; (B) Windows® 2000, XP Home, XP Pro, 2003 Server or Vista; (C) Stable 56k, cable modem, ISDN, DSL or better Internet connection; (D) Minimum of Pentium 400 with 256 MB of RAM (Recommended); (E) Java Virtual Machine enabled (Recommended).</P>
          <P>Individuals who participate by using this electronic service and who need special assistance such as captioning or other reasonable accommodations should submit a request to the Contact Person listed on this notice at least 5 days prior to the meeting.</P>
          <P>This notice is being published less than 15 days prior to the meeting due to the urgent need for the Subcommittee to discuss the update of the IACC Strategic Plan prior to the IACC meeting scheduled for December 18, 2012.</P>
          <P>Schedule is subject to change.</P>

          <P>Information about the IACC and a registration link for this meeting are available on the Web site:<E T="03">http://www.iacc.hhs.gov.</E>
          </P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27686 Filed 11-14-12; 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 Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council on Alcohol Abuse and Alcoholism.</P>
        <P>The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and 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 Advisory Council on Alcohol Abuse and Alcoholism.<PRTPAGE P="68136"/>
          </P>
          <P>
            <E T="03">Date:</E>February 6-7, 2013.</P>
          <P>
            <E T="03">Closed:</E>February 6, 2013, 5:30 p.m. to 7:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 5635 Fishers Lane, T-508, Rockville, MD 20852.</P>
          <P>
            <E T="03">Closed:</E>February 7, 2013, 8:00 to 8:45 a.m.</P>
          <P>
            <E T="03">Agenda:</E>Presentation of the IC Intramural Program Evaluation to Council.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 5635 Fishers Lane, T-508, Rockville, MD 20852.</P>
          <P>
            <E T="03">Open:</E>February 7, 2013, 9:00 a.m. to 1:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>Presentations and other business of the council.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 5635 Fishers Lane, T-508, Rockville, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Abraham P. Bautista, Ph.D., Executive Secretary, National Institute on Alcohol Abuse &amp; Alcoholism National Institutes of Health, 5635 Fishers Lane, Room 2085, Rockville, MD 20852, 301-443-9737,<E T="03">bautista@mail.nih.gov.</E>
          </P>

          <P>Information is also available on the Institute's/Center's home page:<E T="03">http://www.niaaa.nih.gov/Pages/default.aspx,</E>where an agenda and any additional information for the meeting will be posted when available.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.273, Alcohol Research Programs, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        
        <SIG>
          <DATED>Dated: November 2, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27688 Filed 11-14-12; 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 Cancer Institute Amended; Notice of Meeting</SUBJECT>

        <P>Notice is hereby given of a change in the meeting of the National Cancer Advisory Board, November 28, 2012, 6:30 p.m. to November 29, 2012, 5:00 p.m., National Institutes of Health, Building 31C, Wing C, Conference Room 10, 31 Center Drive, Bethesda, MD 20892 which was published in the<E T="04">Federal Register</E>on October 22, 2012, 77FR64526.</P>
        <P>This notice is being amended to add the NCAB ad hoc Subcommittee on Global Cancer Research Meeting on November 28, 2012, 5:00 p.m. to 6:30 p.m. at the Hyatt Regency Bethesda Hotel, Old Georgetown Room, One Metro Center, Bethesda, MD 20814. The NCAB ad hoc Subcommittee on Communications will convene at the same location on November 28, 2012, however, the start and end times have been changed to 7:00 p.m. to 8:30 p.m.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27729 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meetings.</P>
        <P>The meetings will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special Emphasis Panel;NIH Support for Conferences and Scientific Meetings.</P>
          <P>
            <E T="03">Date:</E>December 11-13, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,3254,6700-B Rockledge Drive,Bethesda, MD 20892,(Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Nancy Lewis Ernst, Ph.D.,Scientific Review Officer,Scientific Review Program,Division of Extramural Activities,National Institutes of Health/NIAID,6700B Rockledge Drive, MSC 7616,Bethesda, MD 20892-7616,301-451-7383,<E T="03">nancy.ernst@nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>National Institute of Allergy and Infectious Diseases Special Emphasis Panel;Leadership Group for a Clinical Research Network on Antibacterial Resistance(UM1).</P>
          <P>
            <E T="03">Date:</E>January 17-18, 2013.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>Hilton Washington/Rockville,Roosevelt Room,1750 Rockville Pike,Rockville, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Annie Walker-Abbey, Ph.D.,Scientific Review Officer,Scientific Review Program,NIAID/NIH/DHHS,6700B Rockledge Drive, RM 3126, MSC-7616,Bethesda, MD 20892-7616,301-451-2671,<E T="03">aabbey@niaid.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>David Clary,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27728 Filed 11-14-12; 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 Dental &amp; Craniofacial Research; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, National Institute of Dental and Craniofacial Research.</P>
        <P>The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Institute of Dental &amp; Craniofacial Research, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Board of Scientific Counselors, National Institute of Dental and Craniofacial Research.</P>
          <P>
            <E T="03">Date:</E>November 26-28, 2012.</P>
          <P>
            <E T="03">Time:</E>7:00 a.m. to 4:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate personal qualifications and performance, and competence of individual investigators.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, Building 30, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Alicia J. Dombroski, Ph.D., Director, Division of Extramural Activities, National Institute of Dental and Craniofacial Research, National Institutes of Health, Bethesda, MD 20892.</P>
          <P>This notice is being published less than 15 days prior to the meeting due to the urgent need to meet timing limitations imposed by the intramural research review cycle.</P>

          <P>Information is also available on the Institute's/Center's home page:<E T="03">http://www.nidcr.nih.gov/about/Council Committees.asp,</E>where an agenda and any additional information for the meeting will be posted when available.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <PRTPAGE P="68137"/>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>David Clary,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27727 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and thediscussions could disclose confidential trade secrets or commercial property such as patentablematerial, and personal information concerning individuals associated with the grant applications,the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel NIDDK Look Ahead Ancillary Study Applications</P>
          <P>
            <E T="03">Date:</E>December 5, 2012.</P>
          <P>
            <E T="03">Time:</E>1:00 p.m. to 2:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health,Two Democracy Plaza,6707 Democracy Boulevard,Bethesda, MD 20892(Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Elena Sanovich, Ph.D.,Scientific Review Officer,Review Branch, DEA, NIDDK,National Institutes of Health,Room 750, 6707 Democracy Boulevard,Bethesda, MD 20892-2542,301-594-8886,<E T="03">sanoviche@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology andMetabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, KidneyDiseases, Urology and Hematology Research, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>David Clary,</NAME>
          <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27726 Filed 11-14-12; 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 Genetics and Genomics.</P>
          <P>
            <E T="03">Date:</E>November 27, 2012.</P>
          <P>
            <E T="03">Time:</E>10:15 a.m. to 12:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Cheryl M Corsaro, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2204, MSC 7890, Bethesda, MD 20892, (301) 435-1045,<E T="03">corsaroc@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>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel Member Conflict: AIDS and AIDS Related Research.</P>
          <P>
            <E T="03">Date:</E>December 3, 2012.</P>
          <P>
            <E T="03">Time:</E>3:00 p.m. to 5:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Eduardo A Montalvo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5108, MSC 7852, Bethesda, MD 20892, (301) 435-1168,<E T="03">montalve@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>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel Member Conflict: Child Psychopathology and Developmental Disabilities.</P>
          <P>
            <E T="03">Date:</E>December 10, 2012.</P>
          <P>
            <E T="03">Time:</E>3:00 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Melissa Gerald, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3172, MSC 7848, Bethesda, MD 20892, (301) 408-9107,<E T="03">geraldmel@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel Small Business: Digestive Sciences.</P>
          <P>
            <E T="03">Date:</E>December 12-13, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Patricia Greenwel, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2178, MSC 7818, Bethesda, MD 20892, 301-435-1169,<E T="03">greenwep@csr.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel Small Business: Digestive Sciences.</P>
          <P>
            <E T="03">Date:</E>December 12-13, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Bonnie L Burgess-Beusse, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2182, MSC 7818, Bethesda, MD 20892, 301-435-1783,<E T="03">beusseb@mail.nih.gov.</E>
          </P>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel RFA AI12-033: U.S. India Bilateral Collaborative Research Partnerships (CRP) on the Prevention of HIV/AIDS and CO-Morbidities.</P>
          <P>
            <E T="03">Date:</E>December 13, 2012.</P>
          <P>
            <E T="03">Time:</E>10:00 a.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.</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: November 8, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27690 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68138"/>
        <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; Member Conflict: Nucleic Acid Metabolism.</P>
          <P>
            <E T="03">Date:</E>November 13, 2012.</P>
          <P>
            <E T="03">Time:</E>2:00 p.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Richard Panniers, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2212, MSC 7890, Bethesda, MD 20892, (301) 435-1741,<E T="03">pannierr@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>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; Translational Research in Diabetes, Obesity and Endocrine Disorders.</P>
          <P>
            <E T="03">Date:</E>November 14-15, 2012.</P>
          <P>
            <E T="03">Time:</E>8:00 a.m. to 5:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Nancy Sheard, SCD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6046-E, MSC 7892, Bethesda, MD 20892, 301-408-9901,<E T="03">sheardn@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>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; Immune Mechanisms of Autoimmunity.</P>
          <P>
            <E T="03">Date:</E>November 14, 2012.</P>
          <P>
            <E T="03">Time:</E>4:00 p.m. to 5:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).</P>
          <P>
            <E T="03">Contact Person:</E>Jin Huang, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4095G, MSC 7812, Bethesda, MD 20892, 301-435-1230,<E T="03">jh377p@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>
          
          <P>
            <E T="03">Name of Committee:</E>Center for Scientific Review Special Emphasis Panel; PAR12-155 Integrative Omics Data Analysis for Discovery in Lung Diseases.</P>
          <P>
            <E T="03">Date:</E>November 16, 2012.</P>
          <P>
            <E T="03">Time:</E>1:00 p.m. to 6:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To review and evaluate grant applications.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).</P>
          <P>
            <E T="03">Contact Person:</E>Richard Panniers, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2212, MSC 7890, Bethesda, MD 20892, (301) 435-1741,<E T="03">pannierr@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: November 8, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27694 Filed 11-14-12; 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; Notice of Meeting</SUBJECT>
        <P>Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Advisory Committee to the Director, National Institutes of Health.</P>
        <P>The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>Advisory Committee to the Director, National Institutes of Health.</P>
          <P>
            <E T="03">Date:</E>December 6-7, 2012.</P>
          <P>
            <E T="03">Time:</E>9:00 a.m. to 1:00 p.m.</P>
          <P>
            <E T="03">Agenda:</E>NIH Director's Report, ACD Working Group Implementation Team reports, NIH.</P>
          <P>
            <E T="03">Place:</E>Updates and other business of the Committee, National Institutes of Health, Building 31, C-Wing 6th Floor, Conference Room 6, 31 Center Drive, Bethesda, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Gretchen Wood, Staff Assistant, National Institutes of Health, Office of the Director, One Center Drive, Building 1, Room 103, Bethesda, MD 20892, 301-496-4272,<E T="03">woodgs@od.nih.gov.</E>
          </P>

          <P>Information is also available on the Institute's/Center's home page:<E T="03">http://acd.od.nih.gov,</E>where an agenda and any additional information for the meeting will be posted when available.</P>
          <P>Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.</P>
          <P>In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government issued photo ID, driver's license, or passport) and to state the purpose of their visit.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.14, 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: November 8, 2012.</DATED>
          <NAME>Anna Snouffer,</NAME>
          <TITLE>Deputy Director, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27687 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5607-N-35]</DEPDOC>
        <SUBJECT>Notice of Proposed InformationCollection: Comment Request; Eligibility of a Nonprofit Corporation/Housing Consultant Certification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The proposed information collection requirement described below<PRTPAGE P="68139"/>will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410 or the number for the Federal Information Relay Service (1-800-877-8339).</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Dan Sullivan, Director, Office of Multifamily Housing Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 402-6130(this is not a toll free number) for copies of the proposed forms and other available information.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether theproposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Eligibility of a Nonprofit Corporation/Housing Consultant Certification.</P>
        <P>
          <E T="03">OMB Control Number, if applicable:</E>2502-0057.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>The information collected on the “Eligibility of a Nonprofit Corporation/Housing Consultant Certification” form provides HUD with information to determine whether the sponsor has qualifications necessary for successful sponsorship of housing projects. HUD Program Offices use the data to evaluate a potential sponsor's/mortgagor's qualifications at the pre-application stage to determine that all the documentation required by Chapter 8 of the MAP and Chapter 14 of Handbook 4470.1</P>
        <P>
          <E T="03">Agency form numbers, if applicable:</E>HUD-3433, HUD-3434, HUD-3435, andHUD-92531.</P>
        <P>
          <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>The number of burden hours is 43. The number of respondents is 100; the number of responses is 110. The frequency of response is on occasion; and the hourly burden is 1hour and 45 minutes.</P>
        <P>
          <E T="03">Status of the proposed information collection:</E>This is an extension of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Laura M. Marin,</NAME>
          <TITLE>Acting General Deputy Assistant Secretary forHousing—Deputy Federal Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27799 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5607-N-34 ]</DEPDOC>
        <SUBJECT>Notice of Proposed Information Collection: Comment Request; Multifamily Housing Service Coordinator Grant</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATE:</HD>
          <P>
            <E T="03">Comments Due Date:</E>January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email<E T="03">Colette.Pollard@HUD.gov.</E>
          </P>
        </ADD>
        <PREAMHD>
          <HD SOURCE="HED">For Further Information and Copies of the Proposed Forms Contact:</HD>

          <P>Carissa L. Janis, Housing Program Manager, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, email<E T="03">Carissa.L.Janis@hud.gov</E>and telephone (202) 708-3000. (This is not a toll free number.)</P>
        </PREAMHD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).</P>
        <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:</P>
        <P>1. Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
        <P>2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;</P>
        <P>3. Enhance the quality, utility, and clarity of the information to be collected; and minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This Notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposal:</E>Multifamily Housing Service Coordinator Program.</P>
        <P>
          <E T="03">OMB Control Number:</E>2502-0447.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>
        </P>
        <P>1. HUD uses the grant applications (SF-424, HUD-91186, and other related documents) to assess the need and proposed use of grant funds and owners' ability to administer those funds.</P>
        <P>2. HUD staff will use requests for extensions (HUD-91186-A) to evaluate anticipated program costs and the continued need for the program.</P>
        <P>3. The LOCCS Payment Voucher (HUD-50080-SCMF) is used to monitor release of grant funds to reimburse eligible program costs over the term of the grant. Grant recipients will similarly use this voucher to track and record their requests for payment reimbursement for grant-funded expenses.</P>

        <P>4. The Department is revising the Semi-Annual Performance Report, HUD-92456. Changes include the following:<PRTPAGE P="68140"/>
        </P>
        <P>A. Additional sources of funding;</P>
        <P>B. Modification of resident statistics and the numbers of project tenants and neighborhood residents served by the Service Coordinator during the reporting period;</P>
        <P>C. Adding hire date for the Service Coordinator and date of program inception;</P>
        <P>D. Adding number of contacts to number of residents that the Service Coordinator links to various supportive services;</P>
        <P>E. Providing a glossary of definitions of supportive service types;</P>
        <P>F. Modifying the section for reporting time allocation of monthly work responsibilities;</P>
        <P>G. Adding a new item to highlight community engagement; including meetings with community agencies and residents and Attendance at or planning of community events, and</P>
        <P>H. Adding a new section to track aging in place statistics.</P>
        <P>The semi-annual Performance Reports will be used to gauge program performance and effective use of Federal funds to meet stated program goals. The Department proposes the new changes to obtain more specific, accurate, and relevant data. To complete the form, Housing owners and Service Coordinators will develop and maintain meaningful data that reflect the efficacy of the Service Coordinator program. The Burden Hours per Response remains the same at six hours. (Previous requests had overstated the amount of time required to complete the report.)</P>
        <P>5. The Department is proposing a new form to be used by field office staff to perform Service Coordinator program reviews. This proposed form is provided in this Notice to solicit comments from the public, even though the form is designed for use by HUD field office staff. The Department requires a consistent protocol to review and evaluate Service Coordinator programs. The use of this form will allow for consistent and thorough program assessment. It will also inform housing owners, management agents, and Service Coordinators about program requirements and expected performance.</P>
        <P>6. SF-425</P>
        <P>7. HUD-96010</P>
        <P>
          <E T="03">Agency Form Numbers, If Applicable:</E>HUD-2880, HUD-50080-SCMF, HUD-91186, HUD-91186-A, HUD-92455, HUD-92456, HUD-96010, SF-424, SF-424-Supp, SF-425, and SF-LLL.</P>
        <P>
          <E T="03">Estimation of the Total Numbers of Hours Needed to Prepare The Information Collection Including Number of Respondents, Frequency of Response, and Hours of Response:</E>The number of respondents is 10,290; the frequency of responses is quarterly, semi-annually, and annually, with a total of 22,070 total annual responses. The estimated time to prepare collection varies from 15 minutes to 40 hours, with a total of 74,800 annual burden hours.</P>
        <P>
          <E T="03">Status of the Proposed Information Collection:</E>This is a revision of a previously approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Laura M. Marin,</NAME>
          <TITLE>Acting General Deputy Assistant Secretary for Housing—Acting General Deputy Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27802 Filed 11-14-12; 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-5613-N-06-B]</DEPDOC>
        <SUBJECT>Privacy Act of 1974; New System of Records, Office of General Counsel E-Discovery Management System: Republication of System Description and Solicitation of Comment</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>This notice solicits additional comment on a new system of records for the Office of General Counsel (OGC) E- Discovery Management System (EDMS). EDMS was first announced and described in a July 17, 2012,<E T="04">Federal Register</E>notice, in which HUD solicited comment. Based on comment received, this notice makes certain revisions to the description of EDMS in the July 17, 2012, notice and solicits additional comment. Additional clarification is provided regarding the system of records: Category of Individuals Covered by the System; the Purpose Category; Retention Use and Disposal of Records Category, and System Location Category.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 17, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments regarding this notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.</P>
          <P>1.<E T="03">Submission of Comments by Mail.</E>Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.</P>
          <P>2.<E T="03">Electronic Submission of Comments.</E>Interested persons may submit comments electronically through the Federal eRulemaking Portal at<E T="03">http://www.regulations.gov.</E>HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the<E T="03">http://www.regulations.gov</E>Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that Web site to submit comments electronically.</P>
        </ADD>
        <NOTE>
          <HD SOURCE="HED">
            <E T="03">Note:</E>
          </HD>
          <P>To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule.</P>
        </NOTE>
        <P>
          <E T="03">No Facsimile Comments.</E>Facsimile (FAX) comments are not acceptable.</P>
        <P>
          <E T="03">Public Inspection of Public Comments.</E>All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at (202) 708-3055 (this is not a toll-free number).Individuals with speech or hearing impairments may access this number through TTY by calling the Federal Relay Service at (800) 877- 8339. Copies of all comments submitted are available for inspection and downloading at<E T="03">www.regulations.gov.</E>
        </P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For inquiries pertaining to Privacy Act records, contact Donna Robinson-Staton, Chief Privacy Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410 (Attention: Capitol ViewBuilding, 4th Floor) telephone number (202) 402-8073 (this telephone number is not toll free). A telecommunications device for hearing- and speech-impaired persons (TTY) is available by calling the Federal Relay Service's toll-free telephone number (800) 877-8339.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <PRTPAGE P="68141"/>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>

        <P>Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) (Privacy Act), HUD published in the<E T="04">Federal Register</E>on July 17, 2012, at 77 FR 41997, a notice that announced a new system of records for OGC's E-Discovery Management System (OGC-EDMS), a system expected to significantly improve the efficiency of OGC's processing of records during the preservation, discovery, and processing of litigation requests when litigation is “reasonably anticipated”<SU>1</SU>
          <FTREF/>and reduce the time HUD staff spend on the document review and production process. OGC-EDMS is in response to and consistent with e-discovery preservation and production requirements in the Federal Rules of Civil Procedure.</P>
        <FTNT>
          <P>

            <SU>1</SU>“Reasonably anticipated” is the legal test articulating the standard for when the duty to preserve electronically stored information begins. A key case is<E T="03">Pension Comm. of the Univ. of Montreal Pension Plan</E>v.<E T="03">Banc of Am. Secs.,</E>
            <E T="03">LLC,</E>05 Civ. 9016 (SAS), 2010 U.S. Dist. LEXIS 4546, at * 14-15 (S.D.N.Y. Jan. 15, 2010).</P>
        </FTNT>
        <P>The July 17, 2012, notice solicited public comment on OGC-EDMS for a period of 30 days. The notice advised that EDMS would carry a final effective date of August 16, 2012, unless HUD received comments which would result in a contrary determination. HUD received public comment in response to the July 17, 2012, notice. On August 15, 2012, at 77 FR 49011, HUD published a notice advising of a change the final effective date of OGC-EDMS, the commitment to re-publish the description of OGC-EDMS with certain clarifications, respond topublic comments received in response to the July 17, 2012, notice, and seek additional public comment.</P>
        <P>The system report was submitted to the Office of Management and Budget (OMB), the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Government Reform pursuant to Paragraph 4c of Appendix l to OMB Circular No. A-130, “Federal Agencies Responsibilities for Maintaining Records About Individuals,” July 25, 1994 (59 FR 37914).</P>
        <HD SOURCE="HD1">Discussion of Public Comments</HD>
        <P>In response to the July 17, 2012, notice, HUD received comments from a national professional association representing trial lawyers, and a coalition consisting of advocacy groups representing consumers, as well as advocacy groups fighting racial injustice and housing discrimination.</P>
        <P>
          <E T="03">Comment: HUD should comply with the Federal Rules of Civil Procedure and should not destroy original documents.</E>The commenters stated that OGC-EDMS should be regulated by the Federal Rules of Civil Procedure. The commenters further stated that they had significant concerns about the proposed retention and disposal policy which allowed HUD's OGC to destroy litigation data when closing a case. The commenters requested that original documents not be destroyed as part of an electronic data purge, and that copies of the case data be made available in the event of a Freedom of Information Act (FOIA) request or the need to revisit a particular case or series of cases.</P>
        <P>
          <E T="03">HUD Response:</E>In response to the commenters' concerns about the consistency of HUD's policies with the Federal Rules of Civil Procedure, HUD is providing additional operational information about EDMS and the other HUD electronic information systems. HUDis also clarifying that when litigation is “reasonably anticipated,” related electronic data is forensically copied and maintained in a secure server environment separate from HUD's network servers as part of the OGC-EDMS. In this secure server environment, electronic data is preserved in a way that prevents metadata spoliation by the system or the owner of the data. As part of the Electronic Discovery Reference Model, HUD users are able to review and analyze the relevant electronic data that has been forensically copied and maintained as part of the EDMS. Reviewing the forensically copied electronic data within the EDMS prevents users from altering or improperly handling original documents, which is in all parties' interests.</P>
        <P>After authorization from an OGC manager, such as an Associate General Counsel or Regional Counsel, is received, OGC requests a case to be closed within the EDMS. The case and related electronic litigation data that has been copied and secured in a production environment for the purposes of litigation, is purged electronically from the EDMS. This purging does not include purging of electronic data from its original source such as network servers. Electronic data is properly retained on network servers and other sources as mandated by the HUD's Office of General Counsel Records Disposition Schedule 2—Legal Records, 2225.6 REV-1, CHG-APPENDIX 2<SU>2</SU>
          <FTREF/>and HUD's Office of the Chief Information Officer Electronic Mail Policy, 2400.1 REV01, CHG.<SU>3</SU>
          <FTREF/>These handbooks are available on HUD's web pages through hudclips.</P>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6</E>.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">http://www.hud.gov/offices/adm/hudclips/handbooks/cioh/</E>.</P>
        </FTNT>
        <P>In response to commenters' concerns, HUD is revising its System of Records notice for the EDMS to clarify that original documents are not destroyed as part of HUD's E-Discovery efforts. Revisions to the text of the Retention and Disposal Section that follows should clarify the process. For the convenience of the public, HUD is providing a complete summary within this notice of the location, purposes, and operational description of EDMS to facilitate comment.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Jerry E. Williams,</NAME>
          <TITLE>Chief Information Officer.</TITLE>
        </SIG>
        <PRIACT>
          <HD SOURCE="HD1">SUMMARY DESCRIPTION OF EDMS</HD>
          
          <HD SOURCE="HD1">OGC.CAGC.01</HD>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
          <P>Office General Counsel Electronic Discovery Management System. (OGC-EDMS)</P>
          <HD SOURCE="HD2">SYSTEM LOCATIONS:</HD>
          <P>The EDMS application will be stored on servers located at 4701 Forbes Boulevard, Lanham, MD 20706. Custodian data to be retrieved is stored on servers and HUD workstations located throughout the country.<SU>4</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>4</SU>
              <E T="03">http://portal.hud.gov/hudportal/documents/huddoc?id=append2.pdf</E>.</P>
          </FTNT>
          <HD SOURCE="HD2">PURPOSES:</HD>

          <P>OGC-EDMS provides OGC with a method to initiate, track, and manage the collection, organization, and production of paper and electronic documents for discovery requests, such as litigation hold memoranda, E-Discovery certifications, electronically stored information (ESI) search requests, closure letters, and any other documents and data relevant to the discovery process requiring analysis, review, redaction, and production to respond to litigation discovery requirements. The purpose of this system is to assist HUD to collect electronically stored information and data of any individual who is, or will be, in litigation with HUD, as well as the attorneys representing the plaintiff(s) and defendant(s) in response to claims by<PRTPAGE P="68142"/>employees, former employees, and other individuals; to assist in the settlement of claims against the government; to represent HUD during litigation, and to maintain internal statistics. A new software component is being added to HUD's EDMS process that will streamline the collection, storage, and analysis of case data to be responsive to requests to HUD.</P>
          <P>On December 1, 2006, the Federal Rules of Civil Procedure were amended to create and clarify responsibility for preserving and accessing ESI. The obligation to preserve ESI, as well as paper records, begins when an individual “reasonably anticipates” litigation and concludes that the evidence may be relevant to such future litigation. Once an individual “reasonably anticipates” litigation, he/she must suspend any document alteration or destruction to ensure the preservation of relevant documents and electronically stored information, including emails.</P>
          <P>EDMS and its various capabilities will allow OGC to streamline and automate the document and data reviews it conducts, allow the attorneys to analyze the information in different formats, conduct the analysis in bulk more efficiently, and protect unwarranted disclosure of information by flagging files that contain information therein that is protected from disclosure.</P>
          <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
          <P>The federal regulation(s)/statute(s) that gives OGC the authority to collect and store this information is Federal Rules of Civil Procedure (FRCP) 16(b) which allows the court to establish rules around disclosure, privilege, methods and work product prior to electronic discovery commencing. In this context, disclosure is the collection of data. Other relevant regulations surrounding the collection and management of electronic discovery are FRCP 26(b)(2), 26(b)(5)(B), 26(f), 33(d), 34(a), 34(b), 37(f), and 45.</P>
          <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
          <P>Categories of individuals covered by this system include: (1) All persons subject to a litigation hold due to a “reasonable anticipation of litigation” as determined by HUD's OGC; (2) all persons deemed a participant of past or present litigation, investigations, or arbitration where HUD is involved; and (3) specified individuals impacted by FOIA requests, litigation, and other cases in HUD.</P>
          <P>A wide variety of individuals are covered by the system including: individuals who either file administrative complaints with HUD or are the subject of administrative complaints initiated by HUD; individuals who are named parties in cases in which HUD believes it will or may become involved; individuals involved in matters within the jurisdiction of HUD either as plaintiffs or as defendants in both civil and criminal matters; witnesses, and to the extent not covered by any other system, tort and property claimants who have filed claims against the Government; individuals who are the subject of an action requiring approval or action by a HUD official, such as appeals, actions, training, awards, promotions, selections, grievances and delegations, including the OGC attorneys to whom cases are assigned, and attorneys and authorized representatives for whom HUD has received complaints regarding their practices before HUD.</P>
          <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
          <P>Categories of records in this system include: (1) Custodian name; (2) Custodian work address; (3) Custodian email address; (4) Case Name; (5) Case number; (6) Custodian email data, including messages among other HUD employees and/or personnel of other federal agencies or outside entities, and attachments; (7) Custodian local/shared drive data of information collected or compiled from law enforcement or other agency databases; (8) Spreadsheets including data collections, often including personally identifiable information and sensitive law enforcement data used to track the process or investigations or focus investigative priorities; records relating to litigation by or against the U.S. Government (or litigation in which the U.S. Government is not a party, but has an interest) resulting from questions concerning HUD cases and legal actions that HUD either is involved in or in which it believes it will or may become involved; claims by or against the U.S. Government, other than litigation cases, arising from a transaction with HUD, and documents related thereto, including demographic information, vouchers, witness statements, legal decisions, and related material pertaining to such claims; investigation reports; legal authority; legal opinions and memoranda; criminal actions; criminal conviction records; claims and records regarding discrimination, including employment and sex discrimination; claims and records regarding the Rehabilitation Act of 1973 (26 U.S.C. 701); personnel matters; contracts; foreclosures; actions against HUD officials; records relating to requests for HUD records other than requests under the Freedom of Information Act and the Privacy Act of 1974; testimonies of HUD employees in federal, state, local, or administrative criminal or civil litigation; documentary evidence; supporting documents including the legal and programmatic issues of the case, correspondence, legal opinions and memoranda and related records; security clearance information; any type of legal document, including but not limited to complaints, summaries, affidavits, litigation reports, motions, subpoenas, and any other court filing or administrative filing or evidence; employee and former employee ethics question forms and responses; and court transcripts.</P>
          <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:</HD>
          <P>1. To a Congressional office from the record of an individual in response to an inquiry from that Congressional office made at the request of the individual to whom the records pertain;</P>
          <P>2. To the National Archives and Records Administration for use in its records management inspections and its role as an Archivist;</P>
          <P>3. To the Department of Justice (DOJ) when seeking legal advice for a HUD initiative or in response to DOJ's request for the information, after either HUD or DOJ determine that such information is relevant to DOJ's representatives of the United States or any other component in legal proceedings before a court or adjudicative body, provided that, in each case, the agency also determines prior to disclosure that disclosure of the records to the DOJ is a use of the information contained in the records that is compatible with the purpose for which HUD collected the records. HUD on its own may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which HUD collected the records; or to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;</P>

          <P>4. To third parties during the course of a law enforcement investigation to<PRTPAGE P="68143"/>the extent necessary to obtain information pertinent to the investigation;</P>
          <P>5. To contractors, grantees, experts, consultants, and the agents thereof, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for HUD, when necessary to accomplish an agency function related to its system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to HUD officers and employees;</P>
          <P>6. To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure;</P>
          <P>7. To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena;</P>
          <P>8. To a grand jury agent pursuant either to a federal or state grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, where the subpoena or request has been specifically approved by a court; and</P>
          <P>9. To appropriate agencies, entities, and persons when: (a) HUD suspects or has confirmed that the security or confidentiality of information in a system of records has been compromised; (b) HUD has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of systems or programs (whether maintained by HUD or another agency or entity) that rely upon the compromised information; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with HUD's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm for purposes of facilitating responses and remediation efforts in the event of a data breach.</P>
          <HD SOURCE="HD2">POLICIES FOR STORING, RETRIEVING, AND DISPOSING OF SYSTEM RECORDS:</HD>
          <HD SOURCE="HD2">STORAGE:</HD>
          <P>Data collected by OGC-EDMS is stored electronically in a Storage Area Network/Network Attached. There are no manual records stored or maintained outside the system. Storage is at a secure Lockheed Martin facility, and backed up via an Avamar Backup Storage system.</P>
          <HD SOURCE="HD2">RETRIEVABILITY:</HD>
          <P>Records will be retrieved by the (1) Custodian name; (2) Work address; (3) Custodian email address; (4) Case name; (5) Case number; (6) Custodian email data; (7) Custodian local drive data; (8) Custodian home/shared drive data; (9) Litigation hold closures; (10) Litigation hold memoranda; (11) Litigation preservation notices; (12) Litigation hold reminder notices; and (13) ESI identification email notifications. E-Discovery notifications data is only accessed by individually assigned legal counsel on a case by case basis.</P>
          <HD SOURCE="HD2">SAFEGUARDS:</HD>
          <P>Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who are authorized to access by appropriate security clearances and user ID/password permissions. Only assigned users with a need-to-know are allowed access, on a case-by-case basis after going through HUD's background investigation process.</P>
          <HD SOURCE="HD2">RETENTION AND DISPOSAL:</HD>
          <P>In response to the FRCP 16(b), when litigation is “reasonably anticipated,” related electronic data is copied and maintained in a secure server environment separate from HUD's network servers as part of the EDMS.<SU>5</SU>
            <FTREF/>Upon authorization from a HUD Associate General Counsel, Regional Counsel, or other designated official, OGC closes a case. The closed case and related electronic litigation data that has been copied and secured in a production environment for the purposes of litigation is purged electronically from the EDMS. The purging process does not extend to purging electronic data from its original source, such as network servers. Electronic data is properly retained on network servers and other sources as required by HUD's Office of General Counsel Records Disposition Schedule 2—Legal Records, 2225.6 REV-1, CHG-APPENDIX 2<SU>6</SU>
            <FTREF/>and the Electronic Mail Policy, 2400.1 REV01, CHG.<SU>7</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>5</SU>Other relevant regulations surrounding the collection and management of electronic discovery are FRCP 26(b)(2), 26(b)(5)(B), 26(f), 33(d), 34(a), 34(b), 37(f), and 45.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>6</SU>
              <E T="03">http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6</E>.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>7</SU>
              <E T="03">http://www.hud.gov/offices/adm/hudclips/handbooks/cioh/</E>.</P>
          </FTNT>
          <HD SOURCE="HD2">SYSTEM MANAGERS AND ADDRESSES:</HD>
          <P>Office of General Counsel (OGC) Tenille Washburn, Assistant General Counsel, Field Management and IT Division, Department of Housing and Urban Development, 1250 Maryland Avenue SW., Suite 200, Washington, DC 20024. The phone contact information is (202) 402-6536. This is not a toll free number.</P>
          <HD SOURCE="HD2">NOTIFICATION AND RECORD ACCESS PROCEDURES:</HD>
          <P>Individuals seeking to determine whether this system of records contains information about them, or those seeking access to such records, should address inquiries to Donna Staton-Robinson, Chief Privacy Officer, Department of Housing and Urban Development, 451 7th Street SW., Room 4156, Washington, DC 20410. (Attention: Capitol View Building, 4th Floor.) The phone contact information is (202) 708-5495. This is not a toll free number. Provide verification of your identity by providing two proofs of official identification. Your verification of identity must include your original signature and must be notarized.</P>
          <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
          <P>HUD's rules for contesting the contents of records and appealing initial denials by the individual concerned appear in 24 CFR part 16. If additional information or assistance is needed, it may be obtained by contacting HUD officials as follows:</P>
          <P>(i) Contesting contents of records: The Department of Housing and Urban Development, Chief Privacy Officer, 451 Seventh Street SW., Washington, DC 20410;</P>
          <P>(ii) Appeals of initial HUD determinations: In relation to contesting contents of records, the HUD Departmental Privacy Appeals Officers, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410.</P>
          <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>

          <P>Documents and records in this system originate from HUD and its components, courts, subpoenas, law enforcement agencies, other federal, state, and local agencies, inquiries and/or complaints from witnesses or members of the general public.<PRTPAGE P="68144"/>
          </P>
          <HD SOURCE="HD2">EXEMPTIONS:</HD>
          <P>The records in EDMS are maintained for use in civil rather than criminal actions. For that reason, the relevant provision of the Privacy Act is 5 U.S.C. 552a(d)(5) which states “nothing in this [Act] shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.” (See U.S. Department of Justice, Office of Privacy and Civil Liberties, Overview of the Privacy Act of 1974 (2010) 212.<SU>8</SU>
            <FTREF/>)</P>
          <FTNT>
            <P>
              <SU>8</SU>
              <E T="03">http://www.justice.gov/opcl/1974tenexemp.htm#one</E>.</P>
          </FTNT>
        </PRIACT>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27806 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Safety and Environmental Enforcement (BSEE)</SUBAGY>
        <DEPDOC>[Docket ID BSEE-2012-0018; OMB Control Number 1014-0002]</DEPDOC>
        <SUBJECT>Information Collection Activities: Oil and Gas Production Measurement, Surface Commingling, and Security; Proposed Collection; Comment Request</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>60-day Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>To comply with the Paperwork Reduction Act of 1995 (PRA), BSEE is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns a renewal to the paperwork requirements in the regulations under Subpart L,<E T="03">Oil and Gas Production Measurement, Surface Commingling, and Security.</E>
          </P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>You must submit comments by January 14, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments by either of the following methods listed below.</P>
          <P>• Electronically: go to<E T="03">http://www.regulations.gov.</E>In the entry titled<E T="03">Enter Keyword or ID,</E>enter BSEE-2012-0018 then click search. Follow the instructions to submit public comments and view all related materials. We will post all comments.</P>
          <P>• Email<E T="03">nicole.mason@bsee.gov.</E>Mail or hand-carry comments to the Department of the Interior; BSEE; Regulations and Standards Branch; ATTN: Nicole Mason; 381 Elden Street, HE 3313; Herndon, Virginia 20170-4817. Please reference ICR 1014-0002 in your comment and include your name and return address.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Nicole Mason, Regulations and Standards Branch at (703) 787-1605 to request additional information about this ICR.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>30 CFR Part 250, subpart L, Oil and Gas Production Measurement, Surface Commingling, and Security.</P>
        <P>
          <E T="03">OMB Control Number:</E>1014-0002.</P>
        <P>
          <E T="03">Abstract:</E>The Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. 1331<E T="03">et seq.</E>and 43 U.S.C. 1801<E T="03">et seq.</E>), authorizes the Secretary of the Interior (Secretary) to prescribe rules and regulations necessary for the administration of the leasing provisions of the Act related to the mineral resources on the OCS. Such rules and regulations will apply to all operations conducted under a lease. Operations on the OCS must preserve, protect, and develop oil and natural gas resources in a manner that is consistent with the need to make such resources available to meet the Nation's energy needs as rapidly as possible; to balance orderly energy resource development with protection of human, marine, and coastal environments; to ensure the public a fair and equitable return on the resources of the OCS; and to preserve and maintain free enterprise competition.</P>

        <P>The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701,<E T="03">et seq.</E>) at section 1712(b)(2) prescribes that an operator will “develop and comply with such minimum site security measures as the Secretary deems appropriate, to protect oil or gas produced or stored on a lease site or on the Outer Continental Shelf from theft.”</P>
        <P>The Independent Offices Appropriations Act (31 U.S.C. 9701), the Omnibus Appropriations Bill (Pub. L. 104-133, 110 Stat. 1321, April 26, 1996), and OMB Circular A-25, authorize Federal agencies to recover the full cost of services that confer special benefits. Under the Department of the Interior's (DOI) implementing policy, BSEE is required to charge fees for services that provide special benefits or privileges to an identifiable non-Federal recipient above and beyond those which accrue to the public at large. Applications for surface commingling and measurement applications are subject to cost recovery and BSEE regulations specify service fees for these requests.</P>
        <P>Regulations at 30 CFR Part 250, subpart L, implement these statutory requirements. We use the information to ensure that the volumes of hydrocarbons produced are measured accurately, and royalties are paid on the proper volumes. Specifically, we need the information to:</P>
        <P>• Determine if measurement equipment is properly installed, provides accurate measurement of production on which royalty is due, and is operating properly;</P>
        <P>• Obtain rates of production data in allocating the volumes of production measured at royalty sales meters, which can be examined during field inspections;</P>
        <P>• Ascertain if all removals of oil and condensate from the lease are reported;</P>
        <P>• Determine the amount of oil that was shipped when measurements are taken by gauging the tanks rather than being measured by a meter;</P>
        <P>• Ensure that the sales location is secure and production cannot be removed without the volumes being recorded; and</P>
        <P>• Review proving reports to verify that data on run tickets are calculated and reported accurately.</P>

        <P>We will protect information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2), and under regulations at 30 CFR 250.197,<E T="03">Data and information to be made available to the public or for limited inspection.</E>No items of a sensitive nature are collected. Responses are mandatory.</P>
        <P>
          <E T="03">Frequency:</E>Varies by section, but primarily monthly, or on occasion.</P>
        <P>
          <E T="03">Description of Respondents:</E>Potential respondents comprise Federal oil, gas and sulphur lessees and/or operators.</P>
        <P>
          <E T="03">Estimated Reporting and Recordkeeping Hour Burden:</E>The currently approved annual reporting burden for this collection is a total of 32,957 hours. The following chart details the individual components and estimated hour burdens. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden.<PRTPAGE P="68145"/>
        </P>
        <GPOTABLE CDEF="s60,r100,r60" COLS="3" OPTS="L2,tpo,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Citation 30 CFR part 250 subpart L</CHED>
            <CHED H="1">Reporting or recordkeeping requirement</CHED>
            <CHED H="1">Hour burden</CHED>
            <CHED H="2">Non-hour cost burdens</CHED>
          </BOXHD>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">Liquid Hydrocarbon Measurement</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1202(a)(1), (b)(1); 1203(b)(1); 1204(a)(1)</ENT>
            <ENT>Submit application for liquid hydrocarbon or gas measurement procedures or changes; or for commingling of production or changes</ENT>
            <ENT>24.5</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Simple</ENT>
            <ENT/>
            <ENT>$1,271 simple fee</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Complex</ENT>
            <ENT/>
            <ENT>$3,760 complex</ENT>
          </ROW>
          <ROW>
            <ENT I="01">No fee</ENT>
            <ENT>Submit meter status and replacement notifications</ENT>
            <ENT>5</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(a)(4)</ENT>
            <ENT>Copy &amp; send pipeline (retrograde) condensate volumes upon request</ENT>
            <ENT>1.2</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(c)(1), (2); 1202(e)(4); 1202(h)(1), (2), (3), (4); 1202(i)(1)(iv), (2)(iii); 1202(j)</ENT>
            <ENT>Record observed data, correction factors &amp; net standard volume on royalty meter and tank run tickets<LI>Record master meter calibration runs</LI>
              <LI>Record mechanical-displacement prover, master meter, or tank prover proof runs</LI>
              <LI>Record liquid hydrocarbon royalty meter malfunction and repair or adjustment on proving report; record unregistered production on run ticket</LI>
              <LI>List Cpl and Ctl factors on run tickets</LI>
            </ENT>
            <ENT>Respondents record these items as part of normal business records &amp; practices to verify accuracy of production measured for sale purposes.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(c)(4)*</ENT>
            <ENT>Copy &amp; send all liquid hydrocarbon run tickets monthly</ENT>
            <ENT>10 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(d)(4); 1204(b)(1)</ENT>
            <ENT>Request approval for proving on a schedule other than monthly; request approval for well testing on a schedule other than every 60 days</ENT>
            <ENT>2</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(d)(5)*</ENT>
            <ENT>Copy &amp; submit liquid hydrocarbon royalty meter proving reports monthly &amp; request waiver as needed</ENT>
            <ENT>15 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(f)(2)*</ENT>
            <ENT>Copy &amp; submit mechanical-displacement prover &amp; tank prover calibration reports</ENT>
            <ENT>16.5 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(l)(2)*</ENT>
            <ENT>Copy &amp; submit royalty tank calibration charts before using for royalty measurement</ENT>
            <ENT>45 minutes</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">1202(l)(3)*</ENT>
            <ENT>Copy &amp; submit inventory tank calibration charts upon request; retain charts for as long as tanks are in use</ENT>
            <ENT>45 minutes; 10 minutes</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">Gas Measurement</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1203(b)(6), (8), (9)*</ENT>
            <ENT>Copy &amp; submit gas quality and volume statements monthly or as requested (most will be routine; few will take longer)</ENT>
            <ENT>15 minutes; 36 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1203(c)(1)</ENT>
            <ENT>Request approval for proving on a schedule other than monthly</ENT>
            <ENT>1.2</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1203(c)(4)*</ENT>
            <ENT>Copy &amp; submit gas meter calibration reports upon request; retain for 2 years</ENT>
            <ENT>13 minutes; 7.5 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1203(e)(1)*</ENT>
            <ENT>Copy &amp; submit gas processing plant records upon request</ENT>
            <ENT>1.2</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">1203(f)(5)</ENT>
            <ENT>Copy &amp; submit measuring records of gas lost or used on lease upon request</ENT>
            <ENT>42 minutes</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">Surface Commingling</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1204(a)(2)</ENT>
            <ENT>Provide state production volumetric and/or fractional analysis data upon request</ENT>
            <ENT>6</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1205(a)(2)</ENT>
            <ENT>Post signs at royalty or inventory tank used in royalty determination process</ENT>
            <ENT>2</ENT>
          </ROW>
          <ROW RUL="s">
            <ENT I="01">1205(a)(4)</ENT>
            <ENT>Report security problems (telephone)</ENT>
            <ENT>18 minutes</ENT>
          </ROW>
          <ROW EXPSTB="02" RUL="s">
            <ENT I="21">
              <E T="02">Miscellaneous and Recordkeeping</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">1200 thru 1205</ENT>
            <ENT>General departure and alternative compliance requests not specifically covered elsewhere in subpart L</ENT>
            <ENT>1.3</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(e)(6)</ENT>
            <ENT>Retain master meter calibration reports for 2 years</ENT>
            <ENT>23 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1202(k)(5)</ENT>
            <ENT>Retain liquid hydrocarbon allocation meter proving reports for 2 years</ENT>
            <ENT>10 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1203(f)(4)</ENT>
            <ENT>Document &amp; retain measurement records on gas lost or used on lease for 2 years at field location and minimum 7 years at location of respondent's choice</ENT>
            <ENT>15 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1204(b)(3)</ENT>
            <ENT>Retain well test data for 2 years</ENT>
            <ENT>6.7 minutes</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1205(b)(3), (4)</ENT>
            <ENT>Retain seal number lists for 2 years</ENT>
            <ENT>5 minutes</ENT>
          </ROW>
          <TNOTE>*Respondents gather this information as part of their normal business practices. The BSEE only requires copies of readily available documents. There is no burden for testing, meter reading, etc.</TNOTE>
        </GPOTABLE>
        <P>
          <E T="03">Estimated Reporting and Recordkeeping Non-Hour Cost Burden:</E>We have identified two non-hour cost burdens, both of which are cost recovery fees. Note that the actual fee amounts are specified in 30 CFR 250.125, which provide a consolidated table of all the fees required under the 30 CFR 250 regulations. The currently approved non-hour cost burden total in this collection of information is an estimated $600,065. The cost burdens are for: (1)<PRTPAGE P="68146"/>Filing fees associated with submitting requests for approval of simple applications (applications to temporarily reroute production (for a duration not to exceed 6 months); production tests prior to pipeline construction; departures related to meter proving, well testing, or sampling frequency ($1,271 per application)) or, (2) submitting a request for approval of a complex application (creation of new facility measurement points (FMPs); association of leases or units with existing FMPs; inclusion of production from additional structures; meter updates which add buyback gas meters or pigging meters; other applications which request deviations from the approved allocation procedures ($3,760 per application)).</P>
        <P>
          <E T="03">Public Disclosure Statement:</E>The PRA (44 U.S.C. 3501,<E T="03">et seq.</E>) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond.</P>
        <P>
          <E T="03">Comments:</E>Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *”. Agencies must specifically solicit comments to: (a) Evaluate whether the collection is necessary or useful; (b) evaluate the accuracy of the burden of the proposed collection of information; (c) enhance the quality, usefulness, and clarity of the information to be collected; and (d) minimize the burden on the respondents, including the use of technology.</P>
        <P>Agencies must also estimate the non-hour paperwork cost burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have other than hour burden costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. For further information on this burden, refer to 5 CFR 1320.3(b)(1) and (2), or contact the Bureau representative listed previously in this notice.</P>
        <P>We will summarize written responses to this notice and address them in our submission for OMB approval. As a result of your comments, we will make any necessary adjustments to the burden in our submission to OMB.</P>
        <P>
          <E T="03">Public Comment Procedures:</E>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment-including your personal identifying information-may be made publicly available at any time. While you 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>
        <P>
          <E T="03">Acting BSEE Information Collection Clearance Officer:</E>Cheryl Blundon (703) 787-1607.</P>
        <SIG>
          <DATED>Dated: November 6, 2012.</DATED>
          <NAME>Robert W. Middleton,</NAME>
          <TITLE>Deputy Chief, Office of Offshore Regulatory Programs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27773 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-VH-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[LLIDB00100 L17110000.PH0000 4500043075]</DEPDOC>
        <SUBJECT>Notice of Intent To Prepare an Environmental Assessment To Amend Bureau of Land Management, Boise District, Land Use Plans To Clarify Lands Eligible for Disposal; Correction</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This action corrects the ZIP code referenced in the<E T="02">ADDRESSES</E>section and the spelling of the name in the signature block in a notice published in the<E T="04">Federal Register</E>on Thursday, October 18, 2012 (77 FR 64124).</P>
          <P>On page 64124, column 2, line 14 of the notice, which reads “District Office at 3894 Development” is hereby corrected to read, “District Office at 3948 Development.”</P>
          <P>On page 64124, column 2, line 15 of the notice, which reads “Ave., Boise, ID 38705” is hereby corrected to read, “Ave., Boise, ID 83705.”</P>
          <P>On page 64124, column 2, line 20 of the notice, which reads “3339; address: 3894 Development Ave.,” is hereby corrected to read “3339; address: 3948 Development Ave.”</P>
          <P>On page 64124, column 2, line 21 of the notice, which reads “Boise, ID 38705; email:” is hereby corrected to read Boise, ID 83705; email:.”</P>
          <P>On page 64125, column 2, line 9 of the notice, which reads “Allen Sieglitz” is hereby corrected to read, “Aden Seidlitz”.</P>
        </SUM>
        <SIG>
          <NAME>James M. Fincher,</NAME>
          <TITLE>Boise District Manager.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27772 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-GG-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-SERO-SAJU-11286; 5331-0901-630]</DEPDOC>
        <SUBJECT>Notice of Intent To Prepare an Environmental Impact Statement for the Paseo del Morro National Recreational Trail Extension, San Juan National Historic Site, San Juan, Puerto Rico</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Intent.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4332) (2) (C), the National Park Service (NPS) will prepare an Environmental Impact Statement for the Paseo del Morro National Recreational Trail Extension (EIS). The EIS will include the involvement of multiple entities, including the Municipality of San Juan and the Commonwealth of Puerto Rico and neighborhoods along the trail corridor. Segments of the extension within and outside of the NPS boundary might include several amenities such as: Pedestrian trails, bicycle trail, Plaza, access to the Santa Maria Magdalena Cemetery, viewpoints, pocket seating areas, and drinking fountains. The project would be constructed in four phases according to the segments within the project extension. The first segment would run parallel to the Santa Maria Magdalena Cemetery, the second segment parallel to the community of La Perla, the third segment along the coastal area of Castillo San Cristobal, and the fourth segment through the “Lomita de Los Vientos”. The characteristics of the trail, such as width of the primary and secondary trails, amenities, complementary programs, activities and methods of construction, would vary in the different segments of the projects.</P>

          <P>The objectives of the project are: To create public access to the North Coast of the Old San Juan Islet and create recreational public space along coastal area in front of Old San Juan, protect the historic walls of El Morro, encourage educational tourism within the area. The DEIS will assess potential environmental impacts associated with a range of reasonable alternatives for extension of the Paseo del Morro on<PRTPAGE P="68147"/>park resources such as existing flora and fauna, soils, cultural resources, and public safety. Socioeconomic impacts and effects on visitor experience will also be analyzed.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Interested individuals, organizations, and agencies are encouraged to provide written comments or suggestions to assist the NPS in determining the scope of issues to be addressed in the EIS, identifying significant issues, and identifying reasonable alternatives. The NPS will accept comments from the public for January 14, 2013. The NPS will conduct a public scoping meeting in San Juan, Puerto Rico. When the public scoping meeting has been scheduled, its location, date, and time will be published in local media and on the NPS's Planning, Environment and Public Comment Web site:<E T="03">http://parkplanning.nps.gov/saju.</E>Written comments must be received prior to the close of the scoping period or 15 days after the last public meeting, whichever is later. The NPS will provide additional opportunities for public participation upon publication of the draft EIS.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>If you wish to provide scoping comments or suggestions, you may submit your comments by any one of several methods. The preferred method for submitting comments is via the internet at<E T="03">http://parkplanning.nps.gov/saju.</E>Select “Paseo del Morro National Recreational Trail Extension” to reach the comment site. Written comments may also be sent to: Walter Chavez, Superintendent, San Juan National Historic Site, 501 Calle Norzagaray, San Juan, Puerto Rico 00901.</P>
          <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Information about the proposed action, the EIS, and the scoping process may be obtained from Mr. Walter Chavez at San Juan National Historic Site by phone at (787) 729-6777; or email<E T="03">walter_chavez@nps.gov.</E>Additional information can be found on the NPS Planning, Environment, and Public Comment (PEPC) Web site,<E T="03">http://parkplanning.nps.gov/saju.</E>Select “Paseo del Morro National Recreational Trail Extension.”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>The park has involved the community in information gathering for developing a shared vision for the Paseo del Morro National Recreational Trail Extension as part of an effort led by the NPS Rivers, Trails, and Conservation Assistance (RTCA) Program. Meetings were held with the community in January 2010, August 2010, March 2011, and October 2011, to begin discussions on trail extension and connectivity. The development of the Draft EIS will use the information gathered in those meetings, along with future meetings in collaboration with the RTCA Program, to assist with alternative development.</P>
        <P>The NPS will provide additional opportunities for the public to provide written comments upon publication of the Draft EIS. The NPS welcomes public participation by Federal, State, and local agencies as well as other concerned organizations and private citizens throughout the preparation process of the EIS.</P>
        <P>The responsible official for this EIS is David Vela, Regional Director, Southeast Region, National Park Service, 100 Alabama Street SW., 1924 Building, Atlanta, Georgia 30303.</P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Gordon Wissinger,</NAME>
          <TITLE>Acting Regional Director, Southeast Region.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27758 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-JD-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Ocean Energy Management</SUBAGY>
        <SUBJECT>Gulf of Mexico, Outer Continental Shelf (OCS), Western Planning Area (WPA), Oil and Gas Lease Sale 229</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Ocean Energy Management (BOEM), Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Availability (NOA) of a Record of Decision (ROD) for WPA Lease Sale 229 in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2012-2017 Western Planning Area Lease Sales 229, 233, 238, 246, and 248, and Central Planning Area Lease Sales 227, 231, 235, 241, and 247 Final Environmental Impact Statement (Multisale FEIS).</P>
        </ACT>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>

          <P>This NOA is published pursuant to the regulations (40 CFR 1506) implementing the provisions of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321<E T="03">et seq.</E>(1988)).</P>
        </AUTH>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>BOEM has prepared a ROD for oil and gas WPA Lease Sale 229 scheduled for November 28, 2012. WPA Lease Sale 229 is the first WPA lease sale in the 2012-2017 OCS Oil and Gas Leasing Program. The proposed lease sale is in the Gulf of Mexico's WPA off the States of Texas and Louisiana. In making its decision, BOEM considered alternatives to the proposed action and the potential impacts as presented in the Multisale FEIS and all comments received throughout the NEPA process. The Multisale FEIS evaluated the environmental and socioeconomic impacts for WPA Lease Sale 229.</P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In the Multisale FEIS, BOEM evaluated three alternatives, which are summarized below:</P>
        <P>
          <E T="03">Alternative A—The Proposed Action:</E>This is BOEM's preferred alternative identified in the Multisale FEIS. This alternative would offer for lease all unleased blocks within the WPA for oil and gas operations, with the following exceptions:</P>
        <P>(1) Whole and partial blocks within the boundary of the Flower Garden Banks National Marine Sanctuary (i.e., the boundary as of the publication date of the Multisale FEIS); and</P>
        <P>(2) whole and partial blocks that lie within the 1.4 nautical mile buffer zone north of the maritime boundary between the United States and Mexico.</P>
        <P>The proposed WPA lease sale area encompasses virtually all of the WPA's 28.58 million acres. As of August 2012, approximately 20.8 million acres of the WPA lease sale area are currently unleased. The estimated amount of resources projected to be developed as a result of proposed WPA Lease Sale 229 is 0.116-0.200 BBO and 0.538-0.938 Tcf of gas.</P>
        <P>
          <E T="03">Alternative B—The Proposed Action Excluding the Unleased Blocks Near Biologically Sensitive Topographic Features:</E>This alternative would offer for lease all unleased blocks in the WPA, as described for the proposed action (Alternative A), with the exception of any unleased blocks subject to the Topographic Features Stipulation.</P>
        <P>
          <E T="03">Alternative C—No Action:</E>This alternative would cancel the proposed WPA Lease Sale 229 and is identified as the environmentally preferred alternative.</P>

        <P>After careful consideration, BOEM has selected the proposed action, identified as BOEM's preferred alternative (Alternative A) in the Multisale FEIS. BOEM's selection of the preferred alternative reflects an orderly resource development with protection<PRTPAGE P="68148"/>of the human, marine, and coastal environments, while also ensuring that the public receives an equitable return for these resources and that free-market competition is maintained.</P>
        <P>
          <E T="03">Record of Decision Availability:</E>To obtain a single printed or CD-ROM copy of the ROD for proposed WPA Lease Sale 229, you may contact the BOEM, Gulf of Mexico OCS Region, Public Information Office (GM 250I), 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394 (1-800-200-GULF). An electronic copy of the ROD is available on BOEM's Internet Web site at<E T="03">http://boem.gov/Environmental-Stewardship/Environmental-Assessment/NEPA/nepaprocess.aspx.</E>
        </P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>For more information on the ROD, you may contact Mr. Gary D. Goeke, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard (GM 623E), New Orleans, Louisiana 70123-2394. You may also contact Mr. Goeke by telephone at (504) 736-3233.</P>
          <SIG>
            <DATED>Dated: November 8, 2012.</DATED>
            <NAME>Tommy P. Beaudreau,</NAME>
            <TITLE>Director, Bureau of Ocean Energy Management.</TITLE>
          </SIG>
        </FURINF>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27755 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-MR-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Office of Surface Mining Reclamation and Enforcement</SUBAGY>
        <SUBJECT>Notice of Proposed Information Collection: Permanent Regulatory Program Requirements—Standards for Certification of Blasters</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Surface Mining Reclamation and Enforcement, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collection of information for its regulations regarding the standards for certification of blasters. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned control number 1029-0080.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments on the proposed information collection activity must be received by January 14, 2013, to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments may be mailed to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203—SIB, Washington, DC 20240. Comments may also be submitted electronically to<E T="03">jtrelease@osmre.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>To receive a copy of the information collection request, contact John Trelease at (202) 208-2783 or by email.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub .L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8 (d)]. This notice identifies an information collection that OSM will be submitting to OMB for renewed approval. This collection is contained in 30 CFR Part 850—Permanent Regulatory Program Requirements—Standards for Certification of Blasters. The information submitted by respondents is required to obtain a benefit. OSM will request a 3-year term of approval for this information collection activity.</P>
        <P>Comments are invited on: (1) The need for the collection of information for the performance of the functions of the agency; (2) the accuracy of the agency's burden estimates; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information. A summary of the public comments will accompany OSM's submission of the information collection request to OMB.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <P>
          <E T="03">Title:</E>30 CFR Part 850—Permanent Regulatory Program Requirements—Standards for Certification of Blasters.</P>
        <P>
          <E T="03">OMB Control Number:</E>1029-0080.</P>
        <P>
          <E T="03">Summary:</E>The information is used to identify and evaluate new blaster certification programs. Part 850 implements Section 719 of the Surface Mining Control and Reclamation Act (SMCRA). Section 719 requires the Secretary of the Interior to issue regulations which provide for each State regulatory authority to train, examine and certify persons for engaging in blasting or use of explosives in surface coal mining operations. Each State that wishes to certify blasters must submit a blasters certification program to OSM for approval.</P>
        <P>
          <E T="03">Bureau Form Numbers:</E>None.</P>
        <P>
          <E T="03">Frequency of Collection:</E>Once.</P>
        <P>
          <E T="03">Description of Respondents:</E>State regulatory authorities and Indian tribes.</P>
        <P>
          <E T="03">Total Annual Responses:</E>1.</P>
        <P>
          <E T="03">Total Annual Burden Hours:</E>267 hours.</P>
        <SIG>
          <DATED>Dated: November 7, 2012.</DATED>
          <NAME>Andrew F. DeVito,</NAME>
          <TITLE>Chief, Division of Regulatory Support.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27560 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-05-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[USITC SE-12-032]</DEPDOC>
        <SUBJECT>Government In the Sunshine Act Meeting Notice</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">AGENCY HOLDING THE MEETING:</HD>
          <P>United States International Trade Commission.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>November 19, 2012 at 1:00 p.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Open to the public.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P SOURCE="NPAR">1. Agendas for future meetings: none.</P>
          <P>2. Minutes.</P>
          <P>3. Ratification List.</P>
          <P>4. Vote in Inv. No. 731-TA-893 (Second Review) (Honey from China). The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before November 29, 2012.</P>
          <P>5. Outstanding action jackets: none.</P>
          <P>In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Earlier notification of this meeting was not possible.</P>
        </PREAMHD>
        <SIG>
          <P>By order of the Commission:</P>
          <DATED>Issued: November 13, 2012.</DATED>
          <NAME>William R. Bishop,</NAME>
          <TITLE>Supervisory Hearings and Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27981 Filed 11-13-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 7020-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68149"/>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <DEPDOC>[OMB Number 1103-NEW]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities; Proposed New Collection; Comments Requested: COPS Comparative Assessment of Cost Reduction by Agencies Survey</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>60-Day Notice of Information Collection Under Review.</P>
        </ACT>
        <P>The Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. The purpose of this notice is to allow for 60 days for public comment until January 14, 2013. This process is conducted in accordance with 5 CFR 1320.10.</P>
        <P>If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Danielle Ouellette, Department of Justice, Office of Community Oriented Policing Services, 145 N Street NE., Washington, DC 20530.</P>
        <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:</P>
        
        <FP SOURCE="FP-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;</FP>
        <FP SOURCE="FP-1">—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;</FP>
        <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and</FP>

        <FP SOURCE="FP-1">—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 T="03">e.g.,</E>permitting electronic submission of responses.</FP>
        <HD SOURCE="HD1">Overview of This Information Collection</HD>
        <P>(1)<E T="03">Type of Information Collection:</E>Proposed new collection; comments requested.</P>
        <P>(2)<E T="03">Title of the Form/Collection:</E>COPS Comparative Assessment of Cost Reduction by Agencies Survey.</P>
        <P>(3)<E T="03">Agency form number, if any, and the applicable component of the Department sponsoring the collection:</E>None. U.S. Department of Justice Office of Community Oriented Policing Services.</P>
        <P>(4)<E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>Law enforcement agencies and other public and private entities that apply for COPS Office grants or cooperative agreements will be asked complete the COPS Comparative Assessment of Cost Reduction Survey. The survey will be used to review the approaches currently adopted by police agencies that reduce organizational and operational costs and will provide information about how these strategies have been implemented and evaluated. The survey allows for the identification of agencies that have undertaken extensive changes in programs to maintain their service delivery levels or to increase service efficiency and effectiveness while facing budget restraints.</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/reply:</E>It is estimated that 268 respondents annually will complete the form within .42 hours (25 minutes).</P>
        <P>(6)<E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>There are an estimated 113 total annual burden hours associated with this collection.</P>
        <P>If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, 145 N Street NE., Room 3W-1407B, Washington, DC 20530.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Jerri Murray,</NAME>
          <TITLE>Department Clearance Officer for PRA, Department of Justice.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27691 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-AT-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <DEPDOC>[Docket No. 12-51]</DEPDOC>
        <SUBJECT>Karen Paul Holley, M.D.; Decision and Order</SUBJECT>
        <P>On July 27, 2012, Chief Administrative Law Judge John J. Mulrooney, Jr., issued the attached Recommended Decision. Neither party filed exceptions to the Recommended Decision.</P>
        <P>Having reviewed the entire record, I have decided to adopt the ALJ's findings of fact, conclusions of law, and recommended order. According, I will order that Respondent's DEA Certificate of Registration be revoked and that any pending application to renew or modify her registration be denied.</P>
        <HD SOURCE="HD1">Order</HD>
        <P>Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of Registration Number BH8988339, issued to Karen P. Holley, M.D., be, and it hereby is, revoked. I further order that any pending application of Karen P. Holley, M.D., to renew or modify her registration, be, and it hereby is, denied. This Order is effective December 17, 2012.</P>
        <SIG>
          <DATED>Dated: October 26, 2012.</DATED>
          <NAME>Michele M. Leonhart,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
        <FP>
          <E T="03">Theresa Krause, Esq.,</E>for the Government</FP>
        <FP>
          <E T="03">John H. Musser, IV, Esq.,</E>for the Respondent</FP>
        <HD SOURCE="HD1">Order Granting the Government's Motion for Summary Disposition and Recommended Decision</HD>
        <P>Chief Administrative Law Judge John J. Mulrooney, Jr. The Deputy Assistant Administrator, Drug Enforcement Administration (Government), issued an Order to Show Cause (OSC), dated May 21, 2012, proposing to revoke the DEA Certificate of Registration (COR), Number BH8988339, of Karen Paul Holley, M.D. (Respondent), pursuant to 21 U.S.C. 824(a)(3) and (4) (2006), and to deny any pending applications for renewal or modification of such registration, pursuant to 21 U.S.C. 823(f). In the OSC, the Government alleges that revocation is necessary because the Respondent is “without authority to handle controlled substances in the State of Louisiana,” the state of the Respondent's registration. OSC, at 1-2.</P>

        <P>On July 3, 2012, the DEA Office of Administrative Law Judges (OALJ)<PRTPAGE P="68150"/>received from the Respondent, through counsel, a timely filed request for hearing (Hearing Request) which, concedes that the Respondent lacks authority to handle controlled substances in the State of Louisiana. The same day, this tribunal issued an order: (1) Directing the Government to “provide evidence to support the allegation that the Respondent lacks state authority to handle controlled substances” on or before July 13, 2012; (2) setting a deadline of July 13, 2012, for the Government to file a motion for summary disposition; and (3) setting a deadline of July 25, 2012, for the Respondent to respond to any motion for summary disposition. Briefing Schedule, at 1-2.</P>
        <P>On July 6, 2012, the Government filed a Motion for Summary Disposition (“MSD”), seeking: (1) Summary disposition; and (2) a recommendation that “the Respondent's DEA COR as a practitioner be revoked, based on the Respondent's lack of a state license.” MSD, at 5. A copy of an April 21, 2012, Order for Summary Suspension of Medical License issued by the Louisiana State Board of Medical Examiners (Louisiana Board Order) was attached to the motion. The Respondent did not file a response to the Government's motion within the time allowed. Accordingly, the motion will be deemed unopposed.</P>

        <P>The Controlled Substances Act (CSA) requires that, in order to maintain a DEA registration, a practitioner must be authorized to handle controlled substances in “the jurisdiction in which he practices.”<E T="03">See</E>21 U.S.C. 802(21) (“[t]he term `practitioner' means a physician * * * licensed, registered, or otherwise permitted, by * * * the jurisdiction in which he practices * * * to distribute, dispense, [or] administer * * * a controlled substance in the course of professional practice”);<E T="03">see also id.</E>§ 823(f) (“The Attorney General shall register practitioners * * * if the applicant is authorized to dispense * * * controlled substances under the laws of the State in which he practices.”). DEA has long held that possession of authority under state law to dispense controlled substances is an essential condition for obtaining and maintaining a DEA registration.<E T="03">Serenity Café,</E>77 FR 35027, 35028 (2012);<E T="03">David W. Wang,</E>72 FR 54297, 54298 (2007);<E T="03">Sheran Arden Yeates,</E>71 FR 39130, 39131 (2006);<E T="03">Dominick A. Ricci, M.D.,</E>58 FR 51104 (1993);<E T="03">Bobby Watts, M.D.,</E>53 FR 11919 (1988). Because “possessing authority under state law to handle controlled substances is an essential condition for holding a DEA registration,” this Agency has consistently held that “the CSA requires the revocation of a registration issued to a practitioner who lacks [such authority].”<E T="03">Roy Chi Lung,</E>74 FR 20346, 20347 (2009);<E T="03">see also Scott Sandarg, D.M.D.,</E>74 FR 17528, 174529 (2009);<E T="03">John B. Freitas, D.O.,</E>74 FR 17524, 17525 (2009);<E T="03">Roger A. Rodriguez, M.D.,</E>70 FR 33206, 33207 (2005);<E T="03">Stephen J. Graham, M.D.,</E>69 FR 11661 (2004);<E T="03">Abraham A. Chaplan, M.D.,</E>57 FR 55280 (1992);<E T="03">see also Harrell E. Robinson,</E>74 FR 61370, 61375 (2009). “[R]evocation is warranted even where a practitioner's state authority has been summarily suspended and the State has yet to provide the practitioner with a hearing to challenge the State's action at which he may ultimately prevail.”<E T="03">Kamal Tiwari, M.D.,</E>76 FR 71604, 71606, (2011);<E T="03">see also Bourne Pharmacy, Inc.,</E>72 FR 18273, 18274 (2007);<E T="03">Anne Lazar Thorn,</E>62 FR 12847 (1997).</P>

        <P>Congress does not intend for administrative agencies to perform meaningless tasks.<E T="03">See Philip E. Kirk, M.D.,</E>48 FR 32887 (1983),<E T="03">aff'd sub nom. Kirk</E>v.<E T="03">Mullen,</E>749 F.2d 297 (6th Cir. 1984);<E T="03">see also Puerto Rico Aqueduct &amp; Sewer Auth.</E>v.<E T="03">EPA,</E>35 F.3d 600, 605 (1st Cir. 1994);<E T="03">NLRB</E>v.<E T="03">Int'l Assoc. of Bridge, Structural &amp; Ornamental Ironworkers, AFL-CIO,</E>549 F.2d 634 (9th Cir. 1977);<E T="03">United States</E>v.<E T="03">Consol. Mines &amp; Smelting Co.,</E>455 F.2d 432, 453 (9th Cir. 1971). Thus, it is well-settled that, where no genuine question of fact is involved, or when the material facts are agreed upon, a plenary, adversarial administrative proceeding is not required.<E T="03">See Jesus R. Juarez, M.D.,</E>62 FR 14945 (1997);<E T="03">Dominick A. Ricci, M.D.,</E>58 FR 51104 (1993), Here, both parties agree, and the supplied Louisiana Board Order establishes, that the Respondent is without authorization to practice medicine or handle controlled substances in Louisiana, the jurisdiction where the Respondent holds the DEA COR that is the subject of this litigation.</P>

        <P>Summary disposition of an administrative case is warranted where, as here, “there is no factual dispute of substance.”<E T="03">See Veg-Mix, Inc.,</E>832 F.2d 601, 607 (D.C. Cir. 1987) (“an agency may ordinarily dispense with a hearing when no genuine dispute exists”).<SU>1</SU>

          <FTREF/>At this juncture, no genuine dispute exists over the fact that the Respondent lacks state authority to handle controlled substances in the State of Louisiana. Because the Respondent lacks such state authority, both the plain language of applicable federal statutory provisions and Agency interpretive precedent dictate that the Respondent is not entitled to maintain his DEA registration. Simply put, there is no contested factual matter adducible at a hearing that would provide DEA with the authority to allow the Respondent to continue to hold his COR. I therefore conclude that further delay in ruling on the Government's motion for summary disposition is not warranted.<E T="03">See Gregory F. Saric, M.D.,</E>76 FR 16821 (2011) (stay denied in the face of Respondent's petition based on pending state administrative action wherein he was seeking reinstatement of state privileges).</P>
        <FTNT>
          <P>
            <SU>1</SU>Even assuming<E T="03">arguendo</E>the possibility that the Respondent's state controlled substances privileges could be reinstated, summary disposition would still be warranted because “revocation is also appropriate when a state license has been suspended, but with the possibility of future reinstatement,”<E T="03">Rodriguez,</E>70 FR at 33207 (citations omitted), and even where there is a judicial challenge to the state medical board action actively pending in the state courts.<E T="03">Michael G. Dolin, M.D.,</E>65 FR 5661, 5662 (2000).</P>
        </FTNT>
        <P>Accordingly, I hereby</P>
        <P>
          <E T="03">Grant</E>the Government's Motion for Summary Disposition;and<E T="03">recommend</E>that the Respondent's DEA registration be<E T="03">revoked</E>forthwith and any pending applications for renewal be<E T="03">denied.</E>
        </P>
        
        <SIG>
          <DATED>Dated: July 27, 2012.</DATED>
          <NAME>John J. Mulrooney, II,</NAME>
          <TITLE>Chief Administrative Law Judge</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27692 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Office of Justice Programs</SUBAGY>
        <DEPDOC>[OJP (OVC) Docket No. 1609]</DEPDOC>
        <SUBJECT>Meeting of the SANE/SART AI/AN Initiative Committee</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office for Victims of Crime, Justice.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The National Coordination Committee on the Sexual Assault Nurse Examiner (SANE) Sexual Assault Response Team (SART) American Indian/Alaskan Native (AI/AN) Initiative (“SANE/SART AI/AN Initiative Committee” or “Committee”) will meet to carry out its mission to provide valuable advice to assist the Office for Victims of Crime (OVC) to promote culturally relevant, victim-centered responses to sexual violence within AI/AN communities.</P>
          <P>
            <E T="03">Dates and Locations:</E>The meeting will be held on the reservation of the Agua Caliente Band of Cahuilla Indians at the Agua Caliente Spa Hotel, located at E. Tahquitz Canyon Way and N. Calle Encilia, Palm Springs, California 92262, on Tuesday, December 4, 2012, and<PRTPAGE P="68151"/>Wednesday, December 5, 2012, from 9:00 a.m. to 5:00 p.m. PST.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kathleen Gless, Designated Federal Officer (DFO) for the SANE/SART AI/AN Initiative Committee, Office for Victims of Crime, Office of Justice Programs, 810 7th Street NW., Washington, DC 20531; Phone: (202) 307-6049 [note: this is not a toll-free number]; Email:<E T="03">kathleen.gless@usdoj.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The National Coordination Committee on the Sexual Assault Nurse Examiner (SANE) Sexual Assault Response Team (SART) American Indian/Alaskan Native (AI/AN) Initiative (“SANE/SART AI/AN Initiative Committee” or “Committee”) was established by the Attorney General to provide valuable advice to OVC to encourage the coordination federal, tribal, state, and local efforts to assist victims of sexual violence within AI/AN communities, and to promote culturally relevant, victim-centered responses to sexual violence within those communities.</P>
        <P>
          <E T="03">Meeting Agenda:</E>The agenda will include: (a) Traditional opening ceremonies, welcome, and introductions; (b) remarks from the Acting Director of OVC; (c) presentations by and about the AI/AN SANE-SART Initiative demonstration sites and federal Working Groups; (d) small and large group discussions; (e) the development of recommendations regarding the coordination of federal partners to address sexual violence; and (f) a closing ceremony and adjournment.</P>
        <P>The meeting is open to the public. Photo identification will be required. Space is limited.</P>
        <SIG>
          <NAME>Kathleen Gless,</NAME>
          <TITLE>Victim Justice Program Specialist, Designated Federal Official—SANE-SART AI/AN Initiative Committee, Office for Victims of Crime.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27789 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-18-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: Main Fan Operation and Inspection (I-A, II-A, III, and V-A Mines)</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 Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, “Main Fan Operation and Inspection (I-A, II-A, III, and V-A Mines),” 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 December 17, 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-MSHA, 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:</HD>

          <P>Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at<E T="03">DOL_PRA_PUBLIC@dol.gov.</E>
          </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>Potentially gassy (explosive) conditions underground are largely controlled by main fans. When accumulations of explosive gases, such as methane, are not swept from the mine by the main fans, they may reasonably be expected to contact an ignition source. The results of such contacts are usually disastrous, and multiple fatalities may be reasonably expected to occur. The Main Fan Operation and Inspection standard contains significantly more stringent requirements for main fans in gassy mines than for main fans in other mines. Regulations 30 CFR 57.22204, which only applies to gassy metal and nonmetal underground mines, requires main fans to have pressure-recording systems. The standard also requires main fans to be inspected daily while operating if persons are underground and certification made of such inspections by signature and date. Certifications and pressure recordings must be retained for one year and made available to authorized representatives of the Secretary.</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 1219-0030. The current approval is scheduled to expire on January 31, 2013; 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 July 17, 2012 (77 FR 42004).</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 1219-0030. 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-MSHA.</P>
        <P>
          <E T="03">Title of Collection:</E>Main Fan Operation and Inspection (I-A, II-A, III, and V-A Mines).</P>
        <P>
          <E T="03">OMB Control Number:</E>1219-0030.</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>7.<PRTPAGE P="68152"/>
        </P>
        <P>
          <E T="03">Total Estimated Number of Responses:</E>6,930.</P>
        <P>
          <E T="03">Total Estimated Annual Burden Hours:</E>2,386.</P>
        <P>
          <E T="03">Total Estimated Annual Other Costs Burden:</E>$2,800.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Michel Smyth,</NAME>
          <TITLE>Departmental Clearance Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27759 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-43-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
        <SUBAGY>Occupational Safety and Health Administration</SUBAGY>
        <SUBJECT>Preparations for the 24th Session of the UN Sub-committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) and Stakeholder Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Occupational Safety and Health Administration (OSHA), Labor.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Public Meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>OSHA invites interested parties to participate in an open, informal public meeting to discuss proposals in preparation for the 24th session of the United Nations Sub-committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). The UNSCEGHS meeting will be held December 12-14, 2012, in Geneva, Switzerland. OSHA, along with the U.S. Interagency GHS Coordinating Group, plans to consider the comments and information gathered at this public meeting when developing the U.S. Government positions for the UNSCEGHS meeting.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The date for the public meeting is as follows: November 28, 2012, beginning at 2 p.m., in Washington, DC.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The location for the public meeting is as follows: The U.S. Department of Labor, Francis Perkins Building, 200 Constitution Avenue NW., Washington, DC 20210, Room C5320, and Conference Room #6.</P>
          <P>
            <E T="03">Conference Call Information:</E>Conference call-in capability will be provided for this meeting. To participate by telephone, dial 1-800-369-1938, and enter participant passcode 12725. During the call, please press *6 to mute/unmute your individual lines.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Maureen Ruskin, Director, Office of Chemical Hazards-Metals, OSHA Directorate of Standards and Guidance, Room N-3718, U.S. Department of Labor, 200 Constitution Avenue NW., Washington DC 20210; telephone: (202) 693-1950;<E T="03">email: ruskin.maureen@dol.gov.</E>
          </P>
          <P>Copies of this<E T="04">Federal Register</E>notice can be obtained as follows: Electronic copies are available at<E T="03">http://www.regulations.gov.</E>This<E T="04">Federal Register</E>notice, as well as other relevant information, is available also on the OSHA Web page at<E T="03">http://www.osha.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Meeting</HD>
        <P>OSHA is hosting an open informal public meeting of the U.S. Interagency GHS Coordinating Group to provide interested groups and individuals with an update on GHS-related issues and an opportunity to express their views orally and in writing for consideration in developing U.S. Government positions for the upcoming UNSCEGHS meeting. The public is invited to attend without prior notification.</P>
        <P>The Meeting Agenda, in general, is as follows:</P>
        <P>• Discussion of working papers for the 24th Session of the UNSCEGHS</P>
        <P>• Update on UNSCEGHS correspondence group activity</P>
        <P>• Discussion of the program of work for the 2013-2014 biennium</P>
        <HD SOURCE="HD1">II. Background</HD>
        <P>The GHS was formally adopted by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals in December 2002. The GHS is a single, harmonized system for classification of chemicals according to their health, physical, and environmental effects. It also provides harmonized communication elements, including labels and safety data sheets. The GHS is considered to be a living document and is regularly revised and updated as necessary to reflect new technology and scientific developments or to provide additional explanatory text. OSHA incorporated the GHS 3rd revision into its Hazard Communication Standard on March 26th of this year, 77 FR 17574, and intends to update the standard from time to time through rulemaking in order to remain consistent with any revisions to the GHS as appropriate under the OSH Act.</P>
        <P>The UNSCEGHS is responsible for maintaining and updating the GHS. The U.S. has been an active member of the UNSCEGHS for many years, and OSHA currently serves as the head of the U.S. delegation for this Sub-committee.</P>
        <P>In preparation for the bi-annual meetings of the UNSCEGHS, the U.S. Interagency GHS Coordinating Group meets to discuss issues related to the GHS and to develop a coordinated U.S. position on issues and proposals regarding the GHS. The U.S. Interagency Coordinating Group consists of U.S. agencies that regulate in the area of chemical hazard communication and includes the Department of Transportation (DOT), the Environmental Protection Agency (EPA), the Consumer Product Safety Commission (CPSC), and OSHA.</P>

        <P>Information on the work of the UNSCEGHS, including meeting agendas, reports, and documents from previous sessions, can be found on the United Nations Economic Commission for Europe (UNECE) Transport Division Web site located at the following web address:<E T="03">http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html.</E>The UNSCEGHS bases its decisions on Working Papers. The Working Papers for the 24th session of the UNSCEGHS are located at<E T="03">http://www.unece.org/trans/main/dgdb/dgsubc4/c42012.html.</E>
        </P>

        <P>Informal Papers submitted to the UNSCEGHS provide information for the subcommittee and are used either as a mechanism to provide information to the subcommittee or as the basis for future Working Papers. Informal Papers for the 24th session of the UNSCEGHS are located at:<E T="03">http://www.unece.org/trans/main/dgdb/dgsubc4/c4inf24.html.</E>
        </P>
        <HD SOURCE="HD2">Authority and Signature</HD>
        <P>This document was prepared under the direction of David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), and Secretary's Order 1-2012 (77 FR 3912), (Jan. 25, 2012).</P>
        <SIG>
          <DATED>Signed at Washington, DC, on November 9, 2012.</DATED>
          <NAME>David Michaels,</NAME>
          <TITLE>Assistant Secretary of Labor for Occupational Safety and Health.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27751 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4510-26-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</AGENCY>
        <DEPDOC>[Notice (12-086)]</DEPDOC>
        <SUBJECT>NASA Advisory Council; Science Committee; Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Aeronautics and Space Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In accordance with the Federal Advisory committee Act, Public<PRTPAGE P="68153"/>Law 92-462, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Science Committee of the NASA Advisory Council (NAC). This Committee reports to the NAC. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Wednesday, November 14, 2012, 8:30 a.m. to 4:30 p.m., and Thursday, November 15, 2012, 8:30 a.m. to 3:00 p.m., Local Time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>NASA Headquarters, 300 E Street SW., Rooms 3H46 and 9H40, respectively, Washington, DC 20546.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-4452, fax (202) 358-4118, or<E T="03">mnorris@nasa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The meeting will be open to the public up to the capacity of the room. This meeting is also available telephonically and by WebEx. Any interested person may call the USA toll free conference call number (888) 606-5936; pass code “Science Committee”, to participate in this meeting by telephone. The WebEx link is<E T="03">https://nasa.webex.com/,</E>the meeting number on November 14 is 993 494 156, and the password is SC@Nov14; the meeting number on November 15 is 991 469 535, and the password is SC@Nov15. The agenda for the meeting includes the following topics:</P>
        
        <FP SOURCE="FP-1">—Science Mission Directorate Overview and Program Status—Subcommittee Reports</FP>
        <FP SOURCE="FP-1">—Joint Session with the NASA Advisory Council's Human Exploration and Operations Committee on the Mars Program Planning Group final report and Joint Robotics Precursor Activities</FP>
        

        <P>It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID to Security before access to NASA Headquarters. Foreign Nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 working days prior to the meeting: Full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee; and home address to Marian Norris via email at<E T="03">mnorris@nasa.gov</E>or by fax at (202) 358-4118. U.S. Citizens and Permanent Residents (green card holders) are requested to submit their name and affiliation 3 working days prior to the meeting to Marian Norris.</P>
        <SIG>
          <NAME>Patricia D. Rausch,</NAME>
          <TITLE>Advisory Committee Management Officer, National Aeronautics and Space Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27830 Filed 11-9-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 7510-13-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL ARCHIVES AND RECORDS ADMINISTRATION</AGENCY>
        <SUBJECT>Advisory Committee on Presidential Library-Foundation Partnerships</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Archives and Records Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), the National Archives and Records Administration (NARA) announces a meeting of the Advisory Committee on Presidential Library-Foundation Partnerships. The meeting will be held to discuss the Presidential Library program and topics related to the public-private partnership between the Presidential Libraries and their Presidential Foundations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The meeting will be held on November 29, 2012 from 9:00 a.m. to 12:00 noon.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The National Archives building at 700 Pennsylvania Avenue NW., Washington, DC, room 105.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Susan Donius, Director, Office of Presidential Libraries, at the National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740, telephone number (301) 837-3250. Contact the Presidential Libraries staff at<E T="03">denise.lebeck@nara.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The meeting will be open to the public. Meeting attendees may enter from the Pennsylvania Avenue entrance. Photo identification will be required. No visitor parking is available at the Archives building; however there are commercial parking lots and metered curb parking nearby.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Patrice Little Murray,</NAME>
          <TITLE>Acting Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27761 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7515-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES</AGENCY>
        <SUBJECT>Meetings of Humanities Panel</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Endowment for the Humanities.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Meetings.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given that 10 meetings of the Humanities Panel will be held during December, 2012 as follows. The purpose of the meetings is for panel review, discussion, evaluation, and recommendation of applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951-960, as amended).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>See<E T="02">SUPPLEMENTARY INFORMATION</E>section for meeting dates.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meetings will be held at the Old Post Office Building, 1100 Pennsylvania Ave. NW., Washington, DC 20506. See Supplementary Information section for meeting room numbers.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Lisette Voyatzis, Committee Management Officer, 1100 Pennsylvania Ave. NW., Room, 529, Washington, DC 20506, or call (202) 606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the National Endowment for the Humanities' TDD terminal at (202) 606-8282.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>Meetings:</P>
        <P>1. DATE: December 03, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Education, submitted to the Office of Digital Humanities.</P>
        <P>2. DATE: December 04, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Geospatial and Visualization Research, submitted to the Office of Digital Humanities.</P>
        <P>3. DATE: December 05, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.<PRTPAGE P="68154"/>
        </P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Archives and Digital Collections, submitted to the Office of Digital Humanities.</P>
        <P>4. DATE: December 06, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Computationally-Intensive Research, submitted to the Office of Digital Humanities.</P>
        <P>4. DATE: December 10, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Archives and Digital Collections, submitted to the Office of Digital Humanities.</P>
        <P>6. DATE: December 11, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 415.</P>
        <P>This meeting will discuss applications for the Humanities Collections and Reference Resources grant program on the subject of Music and Performing Arts, submitted to the Division of Preservation and Access.</P>
        <P>7. DATE: December 12, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Public Programs, submitted to the Office of Digital Humanities.</P>
        <P>8. DATE: December 12, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 315.</P>
        <P>This meeting will discuss applications for the Fellowship Programs at Independent Research Institutions grant program, submitted to the Division of Research Programs.</P>
        <P>9. DATE: December 13, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 402.</P>
        <P>This meeting will discuss applications for the Digital Humanities Start-Up Grants grant program on the subject of Scholarly Communications, submitted to the Office of Digital Humanities.</P>
        <P>10. DATE: December 13, 2012.</P>
        <P>TIME: 8:30 a.m. to 5:00 p.m.</P>
        <P>ROOM: 415.</P>
        <P>This meeting will discuss applications for the Humanities Collections and Reference Resources grant program on the subject of U.S. History and Culture, submitted to the Division of Preservation and Access.</P>
        <P>Because these meetings will include review of personal and/or proprietary financial and commercial information given in confidence to the agency by grant applicants, the meetings will be closed to the public pursuant to sections 552b(c)(4) and 552b(c)(6) of Title 5 U.S.C., as amended. I have made this determination pursuant to the authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee Meetings dated July 19, 1993.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Lisette Voyatzis,</NAME>
          <TITLE>Committee Management Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27746 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7536-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
        <SUBJECT>Notice of Permit Issued Under the Antarctic Conservation Act of 1978</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Science Foundation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of permit issued under the Antarctic Conservation of 1978, Public Law 95-541.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On August 8, 2012, the National Science Foundation published a notice in the<E T="04">Federal Register</E>of a permit application received. A Waste Management Permit was issued on November 8, 2012 to: Harry R. Anderson, Permit No. 2013 WM-003.</P>
        <SIG>
          <NAME>Nadene G. Kennedy,</NAME>
          <TITLE>Permit Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27681 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7555-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NATIONAL WOMEN'S BUSINESS COUNCIL</AGENCY>
        <SUBJECT>Data Collection Available for Public Comments and Recommendations</SUBJECT>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the Paperwork Reduction Act of 1995, this notice announces the National Women's Business Council's intentions to request approval on a new information collection activity that is part of an ongoing research program.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments on or before January 1, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Send all comments regarding whether these information collections are necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collections to Emily Bruno, Director of Research and Policy, National Women's Business Council, 409 3rd St. SW., Suite 210, Washington, DC 20416.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Emily Bruno, Director of Research and Policy, National Women's Business Council, 202-205-6826 (<E T="03">Emily.Bruno@nwbc.gov</E>) or Curtis B. Rich, Management Analyst, 202-205-7030,<E T="03">Curtis.Rich@sba.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The National Women's Business Council (NWBC) is a non-partisan federal advisory council that serves as an independent source of advice and counsel to the President, Congress, and the Small Business Administration on economic issues of importance to women business owners. Members of the Council are prominent women business owners and leaders of women's business organizations.</P>
        <P>One of NWBC's current research priorities is to segment the market of women entrepreneurs to understand differences in opportunities, challenges, motivations, and expectations they face in starting and growing their businesses. To NWBC's knowledge, no government agency has yet delineated a segmentation of women entrepreneurs. At the same time, NWBC would like to understand if and how the motivations and expectations of women entrepreneurs may result in self-limiting perceptions about the potential of their businesses and would like to assess which messaging is most effective in overcoming potential self-limiting perceptions.</P>

        <P>NWBC has acquired the services of a research firm to propose a segmentation of women entrepreneurs based on existing and available data and to conduct in-depth analysis of different segments of women entrepreneurs through qualitative research. The analysis will focus on how the expectations and motivations of each segment differs in order to provide insight into what messaging can best be used to help these different segments overcome potential self-limiting perceptions and grow their businesses. The research proposed would build knowledge about how women business owners view the potential for their<PRTPAGE P="68155"/>endeavors and provide guidance on how messages about entrepreneurship resonate with segments of women within this population. The resulting data can then inform the NWBC and other policymakers about how to reach out to women entrepreneurs to encourage maximum growth for their businesses.</P>
        <P>The qualitative research would consist of a set of twelve focus groups with up to 12 individuals in each focus group with different segments of women entrepreneurs. Questions asked during the focus groups would elicit information on motivations and expectations of women entrepreneurs, as well as any self-limiting perceptions that the respondents may hold about their businesses and the potential for growth. The questions will also elicit reactions to messaging that is commonly provided to women through public and private small business service providers to determine which segments of the population are more receptive to the different messages and to identify any new messages that should be deployed.</P>
        <P>
          <E T="03">Title:</E>Focus Group Research: Women Entrepreneurs, Self-Limiting Perceptions, and Segmentation.</P>
        <P>
          <E T="03">Description of Respondents:</E>Women entrepreneurs in a range of industries and sectors across the United States.</P>
        <P>
          <E T="03">Form Number:</E>n/a.</P>
        <P>
          <E T="03">Annual Responses:</E>144.</P>
        <P>
          <E T="03">Annual Burden:</E>144.</P>
        <SIG>
          <NAME>Anmari J. Borja,</NAME>
          <TITLE>Executive Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27784 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NEIGHBORHOOD REINVESTMENT CORPORATION</AGENCY>
        <SUBJECT>Finance, Budget &amp; Program Committee Meeting of the Board of Directors; Sunshine Act Meeting Notice</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">TIME and DATE:</HD>
          <P>9:00 a.m., Tuesday, November 20, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>1325 G Street NW., Suite 800, Boardroom, Washington, DC 20005.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>

          <P>Erica Hall, Assistant Corporate Secretary, (202) 220-2376;<E T="03">ehall@nw.org</E>.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">AGENDA:</HD>
          <P/>
          
        </PREAMHD>
        <FP SOURCE="FP-2">I. Call To Order</FP>
        <FP SOURCE="FP-2">II. Executive Session</FP>
        <FP SOURCE="FP-2">III. Budget Update</FP>
        <FP SOURCE="FP-2">IV. Committee Charter Review</FP>
        <FP SOURCE="FP-2">V. Financial Report</FP>
        <FP SOURCE="FP-2">VI. Corporate Investment Policy Review</FP>
        <FP SOURCE="FP-2">VII. DC Lease and Move Budget Update</FP>
        <FP SOURCE="FP-2">VIII. FY 12 &amp; FY 13 Corporate Milestone Report and Dashboard</FP>
        <FP SOURCE="FP-2">IX. NFMC and EHLP</FP>
        <FP SOURCE="FP-2">X. NeighborhoodLIFT &amp; CityLIFT</FP>
        <FP SOURCE="FP-2">XI. FY12 Grants Report</FP>
        <FP SOURCE="FP-2">XII. Adjournment</FP>
        <SIG>
          <NAME>Erica Hall,</NAME>
          <TITLE>Assistant Corporate Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27859 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 7570-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NEIGHBORHOOD REINVESTMENT CORPORATION</AGENCY>
        <SUBAGY>Audit Committee Meeting of the Board of Directors</SUBAGY>
        <SUBJECT>Sunshine Act Meeting Notice</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">TIME and DATE:</HD>
          <P>3:30 p.m., Thursday, November 15, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>1325 G Street NW., Suite 800, Boardroom, Washington, DC 20005.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>

          <P>Erica Hall, Assistant Corporate Secretary, (202) 220-2376;<E T="03">ehall@nw.org</E>.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">AGENDA:</HD>
          <P/>
          
        </PREAMHD>
        <FP SOURCE="FP-2">I. CALL TO ORDER</FP>
        <FP SOURCE="FP-2">II. Executive Session with Internal Audit Director</FP>
        <FP SOURCE="FP-2">III. Executive Session with Officers</FP>
        <FP SOURCE="FP-2">IV. Internal Audit Report with Management's Response</FP>
        <FP SOURCE="FP-2">V. Internal Audit Performance Scorecard</FP>
        <FP SOURCE="FP-2">VI. Internal Audit Status Reports</FP>
        <FP SOURCE="FP-2">VII. Internal Audit Response with Management's Response</FP>
        <FP SOURCE="FP-2">VIII. FY 2013 Risk Assessment &amp; Internal Audit Plan</FP>
        <FP SOURCE="FP-2">IX. Internal Audit Performance Scorecard</FP>
        <FP SOURCE="FP-2">X. Internal Audit Status Reports</FP>
        <FP SOURCE="FP-2">XI. Memo—EHLP/NFMC-Quality Control Compliance/3rd Party CPA</FP>
        <FP SOURCE="FP-2">XII. National Foreclosure Mitigation Counseling (NFMC) Compliance Update</FP>
        <FP SOURCE="FP-2">XIII. OHTS Watch List and Overview of Organizational Assessment Review Process</FP>
        <FP SOURCE="FP-2">XIV. Adjournment</FP>
        <SIG>
          <NAME>Erica Hall,</NAME>
          <TITLE>Assistant Corporate Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27862 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 7570-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. 50-170; NRC-2012-0272]</DEPDOC>
        <SUBJECT>The Armed Forces Radiobiology Research Institute TRIGA Reactor: Facility Operating License No. R-84</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>License renewal application; docketing; opportunity to comment; opportunity to request a hearing and petition for leave to intervene; order.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Nuclear Regulatory Commission (NRC) is considering an application for the renewal of Facility Operating License No. R-84 (Application), which currently authorizes the Armed Forces Radiobiology Research Institute (the licensee) to operate the Armed Forces Radiobiology Research Institute (AFFRI) TRIGA Reactor at a maximum steady-state thermal power of 1.1 megawatts (MW). The renewed license would authorize the licensee to operate the AFFRI TRIGA Reactor up to a steady-state thermal power of 1.1 MW for an additional 20 years from the date of issuance.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>Submit comments by December 17, 2012. Requests for a hearing or leave to intervene must be filed by January 14, 2013. Any potential party as defined in Section 2.4 of Title 10 of the<E T="03">Code of Federal Regulations</E>(10 CFR), who believes access to Sensitive Unclassified Non-Safeguards Information (SUNSI) is necessary to respond to this notice must request document access by November 26, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may access information and comment submissions related to this document, which the NRC possesses and are publically available, by searching on<E T="03">http://www.regulations.gov</E>under Docket ID NRC-2012-0272. You may submit comments by any of the following methods:</P>
          <P>•<E T="03">Federal Rulemaking Web site:</E>Go to<E T="03">http://www.regulations.gov</E>and search for Docket ID NRC-2012-0272. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; email:<E T="03">Carol.Gallagher@nrc.gov.</E>
          </P>
          <P>•<E T="03">Mail comments to:</E>Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
          <P>•<E T="03">Fax comments to:</E>RADB at 301-492-3446.</P>

          <P>For additional direction on accessing information and submitting comments,<PRTPAGE P="68156"/>see “Accessing Information and Submitting Comments” in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Cindy Montgomery, Project Manager, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3398; email:<E T="03">Cindy.Montgomery@nrc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Accessing Information and Submitting Comments</HD>
        <HD SOURCE="HD2">A. Accessing Information</HD>
        <P>Please refer to Docket ID NRC-2012-0272 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, by any of the following methods:</P>
        <P>•<E T="03">Federal Rulemaking Web Site:</E>Go to<E T="03">http://www.regulations.gov</E>and search for Docket ID NRC-2012-0272.</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 “<E T="03">ADAMS 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 document (if that document is available in ADAMS) is provided the first time that a document is referenced. In addition, for the convenience of the reader, the ADAMS accession numbers for documents that pertain to the AFRRI license renewal are provided in Section II, Availability of Documents, of this document.</P>
        <P>•<E T="03">NRC's PDR:</E>You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.</P>
        <HD SOURCE="HD2">B. Submitting Comments</HD>
        <P>Please include Docket ID NRC-2012-0272 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.</P>

        <P>The NRC cautions you not to include identifying or contact information that that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at<E T="03">http://www.regulations.gov</E>as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.</P>
        <P>If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.</P>
        <HD SOURCE="HD1">II. Availability of Documents</HD>
        <P>The following documents pertain to the AFRRI License Renewal: June 24, 2004, (ML041800067, ML041800068, ML101650415); March 4, 2010, (ML101650422);  August 13, 2010, (ML102310075); August 25, 2010, (ML102440034); September 27, 2010, (ML110260024); October 19, 2010, (ML103070125); October 21, 2010, (ML103070121); February 7, 2011, (ML110460687); June 3, 2011, (ML11165A016); June 20, 2011, (ML112232300); September 6, 2011, (ML11269A030); October 20, 2011, (ML113410120); November 28, 2011, (ML11341A133, ML113460085); January 17, 2012, (ML12032A054); April 20, 2012, (ML12122A146); September 21, 2012, (ML12272A303).</P>
        <HD SOURCE="HD1">III. Introduction</HD>
        <P>The NRC is considering an application for the renewal of Facility Operating License No. R-84, which currently authorizes the licensee to operate the AFFRI TRIGA Reactor at a maximum steady-state thermal power of 1.1 MW. The renewed license would authorize the licensee to operate the AFFRI TRIGA Reactor up to a steady-state thermal power of 1.1 MW for an additional 20 years from the date of issuance.</P>
        <P>On June 24, 2004, as supplemented by letters dated March 4, August 13, August 25, September 27, October 19, and October 21, 2010; February 7, June 3, June 20, September 6, October 20, and November 28, 2011; January 17, April 20, and September 21, 2012, the NRC received an application from the licensee filed pursuant to 10 CFR 50.51(a) to renew Facility Operating License No. R-84 for the AFFRI TRIGA Reactor.</P>
        <P>The application contains SUNSI.</P>
        <P>Based on its initial review of the application, the NRC staff determined that the licensee submitted sufficient information in accordance with 10 CFR 50.33 and 10 CFR 50.34 so that the application is acceptable for docketing. The current Docket No. 50-170 for Facility Operating License No. R-84 will be retained. The docketing of the renewal application does not preclude requests for additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Prior to a decision to renew the license, the Commission will make findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations.</P>

        <P>Detailed guidance which the NRC uses to review applications for the renewal of non-power reactor licenses can be found in NUREG-1537, “Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors.” The detailed review guidance (NUREG-1537) may be accessed online in the NRC Library at<E T="03">http://www.nrc.gov/reading-rm/adams.html</E>under ADAMS Accession No. ML042430055 for part one of NUREG-1537 and ADAMS Accession No. ML042430048 for part two of NUREG-1537.</P>
        <HD SOURCE="HD1">IV. Opportunity To Request a Hearing and Petitions for Leave To Intervene</HD>

        <P>Requirements for hearing requests and petitions for leave to intervene are found in 10 CFR 2.309, “Hearing requests, petitions to intervene, requirements for standing, and contentions.” Interested persons should consult 10 CFR 2.309, which is available at the NRC's Public Document Room (PDR), located at O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 1-800-397-4209 or 301-415-4737). The NRC's regulations are also accessible electronically from the NRC Library on the NRC's public Web site at<E T="03">http://www.nrc.gov/reading-rm/doc-collections/cfr/.</E>
        </P>

        <P>Any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding. The petition must provide the name, address, and telephone number of the petitioner and specifically explain the reasons why intervention should be permitted with<PRTPAGE P="68157"/>particular reference to the following factors: (1) The nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order that may be entered in the proceeding on the petitioner's interest.</P>
        <P>A petition for leave to intervene must also include a specification of the contentions that the petitioner seeks to have litigated in the hearing. For each contention, the petitioner must provide a specific statement of the issue of law or fact to be raised or controverted, as well as a brief explanation of the basis for the contention. Additionally, the petitioner must demonstrate that the issue raised by each contention is within the scope of the proceeding and is material to the findings the NRC must make to support the granting of a license renewal in response to the application. The petition must also include a concise statement of the alleged facts or expert opinions which support the position of the petitioner and on which the petitioner intends to rely at hearing, together with references to the specific sources and documents on which the petitioner intends to rely. Finally, the petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact, including references to specific portions of the application for license renewal that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the application for license renewal fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner's belief. Each contention must be one that, if proven, would entitle the petitioner to relief.</P>
        <P>Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that person's admitted contentions, including the opportunity to present evidence and to submit a cross-examination plan for cross-examination of witnesses, consistent with the NRC's regulations, policies, and procedures. The Atomic Safety and Licensing Board will set the time and place for any prehearing conferences and evidentiary hearings, and the appropriate notices will be provided.</P>
        <P>Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the following three factors in 10 CFR 2.309(c)(1): (i) The information upon which the filing is based was not previously available; (ii) the information upon which the filing is based is materially different from information previously available; and (iii) the filing has been submitted in a timely fashion based on the availability of the subsequent information.</P>
        <P>A State, county, municipality, Federally-recognized Indian tribe, or agencies thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(d)(2). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by January 14, 2013. The petition must be filed in accordance with the filing instructions in Section V of this document, and should meet the requirements for petitions for leave to intervene set forth in this section, except that State, local governmental bodies, and Federally-recognized Indian tribes do not need to address the standing requirements in 10 CFR 2.309(d)(1) if the facility is located within its boundaries. The entities listed above could also seek to participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).</P>
        <P>If a hearing is granted, any person who does not wish to become a party to the proceeding may, in the discretion of the presiding officer, be permitted to make a limited appearance under 10 CFR 2.315(a), by making an oral or written statement of his or her position on the issues at any session of the hearing or at any pre-hearing conference, within the limits and conditions fixed by the presiding officer. However, that person may not otherwise participate in the proceeding. A person making a limited appearance may make an oral or written statement of position on the issues, but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to such limits and conditions as may be imposed by the Atomic Safety and Licensing Board. Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission by January 14, 2013.</P>
        <HD SOURCE="HD1">V. Electronic Submissions (E-Filing)</HD>
        <P>All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.</P>

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

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

        <P>If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-<PRTPAGE P="68158"/>based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html.</E>
        </P>

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

        <P>A person filing electronically using the agency's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the “Contact Us” link located on the NRC's public Web site at<E T="03">http://www.nrc.gov/site-help/e-submittals.html,</E>by email to<E T="03">MSHD.Resource@nrc.gov,</E>or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.</P>
        <P>Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.</P>

        <P>Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at<E T="03">http://ehd1.nrc.gov/ehd/,</E>unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.</P>
        <HD SOURCE="HD1">Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation</HD>
        <P>A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI.</P>
        <P>B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A “potential party” is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.</P>

        <P>C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are<E T="03">Hearing.Docket@nrc.gov</E>and<E T="03">OGCmailcenter@nrc.gov,</E>respectively.<SU>1</SU>
          <FTREF/>The request must include the following information:</P>
        <FTNT>
          <P>
            <SU>1</SU>While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.</P>
        </FTNT>

        <P>1. A description of the licensing action with a citation to this<E T="04">Federal Register</E>notice;</P>
        <P>2. The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and</P>
        <P>3. The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.</P>
        <P>D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether:</P>
        <P>(1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and</P>
        <P>(2) The requestor has established a legitimate need for access to SUNSI.</P>

        <P>E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement<PRTPAGE P="68159"/>or Affidavit, or Protective Order<SU>2</SU>
          <FTREF/>setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.</P>
        <FTNT>
          <P>
            <SU>2</SU>Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.</P>
        </FTNT>
        <P>F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.</P>
        <P>G. Review of Denials of Access.</P>
        <P>(1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.</P>
        <P>(2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer.</P>
        <P>H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access.</P>
        <P>If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.</P>
        </FTNT>
        <P>I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR Part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures.</P>
        <P>
          <E T="03">It is so ordered.</E>
        </P>
        <SIG>
          <P>For the Nuclear Regulatory Commission.</P>
          
          <DATED>Dated at Rockville, Maryland, this 8th day of November 2012.</DATED>
          <NAME>Annette L. Vietti-Cook,</NAME>
          <TITLE>Secretary of the Commission.</TITLE>
        </SIG>
        <HD SOURCE="HD1">Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding</HD>
        <GPOTABLE CDEF="s50,r250" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Day</CHED>
            <CHED H="1">Event/activity</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">0</ENT>
            <ENT>Publication of<E T="04">Federal Register</E>notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">10</ENT>
            <ENT>Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">60</ENT>
            <ENT>Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">20</ENT>
            <ENT>Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">25</ENT>
            <ENT>If NRC staff finds no “need” or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">30</ENT>
            <ENT>Deadline for NRC staff reply to motions to reverse NRC staff determination(s).</ENT>
          </ROW>
          <ROW>
            <ENT I="01">40</ENT>
            <ENT>(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">A</ENT>
            <ENT>If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">A + 3</ENT>
            <ENT>Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">A + 28</ENT>
            <ENT>Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">A + 53</ENT>
            <ENT>(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">A + 60</ENT>
            <ENT>(Answer receipt +7) Petitioner/Intervenor reply to answers.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="68160"/>
            <ENT I="01">&gt;A + 60</ENT>
            <ENT>Decision on contention admission.</ENT>
          </ROW>
        </GPOTABLE>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-27757 Filed 11-14-12; 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 Planning and Procedures; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Planning and Procedures will hold a meeting on December 5, 2012, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The meeting will be open to public attendance with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Wednesday, December 5, 2012—12:00 p.m. Until 1:00 p.m.</HD>
        <P>The Subcommittee will discuss proposed ACRS activities and related matters. 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), Antonio Dias (Telephone 301-415-6805 or Email:<E T="03">Antonio.Dias@nrc.gov</E>) five days prior to the meeting, if possible, so that 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 18, 2012, (77 FR 64146-64147).</P>
        <P>Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained 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 the DFO 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 (240-888-9835) to be escorted to the meeting room.</P>
        <SIG>
          <DATED>Dated: November 6, 2012.</DATED>
          <NAME>Girija Shukla,</NAME>
          <TITLE>Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27741 Filed 11-14-12; 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 Regulatory Policies and Practices; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Regulatory Policies and Practices will hold a meeting on December 5, 2012, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Wednesday, December 5, 2012—8:30 a.m. Until 12:00 p.m.</HD>
        <P>The Subcommittee will review the staff's efforts to develop a revision to the Station Blackout Rule. The Subcommittee will hear presentations by and hold discussions with the NRC staff 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), Christina Antonescu (Telephone 301-415-6792 or Email:<E T="03">Christina.Antonescu@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 18, 2012, (77 FR 64146-64147).</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: November 6, 2012.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27750 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68161"/>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <SUBJECT>Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Fukushima; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Fukushima will hold a meeting on December 4, 2012, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Tuesday, December 4, 2012—8:30 a.m. Until 12:00 p.m.</HD>
        <P>The Subcommittee will review and discuss the development of a notation vote paper with possible options for addressing the Near-Term Task Force (NTTF) Recommendation 1: Enhanced Regulatory Framework. The Subcommittee will hear presentations by and hold discussions with the NRC staff 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), Antonio Dias (Telephone 301-415-6805 or Email:<E T="03">Antonio.Dias@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 18, 2012 (77 FR 64146-64147).</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: November 6, 2012.</DATED>
          <NAME>Girija Shukla,</NAME>
          <TITLE>Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27754 Filed 11-14-12; 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 Fukushima; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Fukushima will hold a meeting on December 5, 2012, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Wednesday, December 5, 2012—1:00 p.m. Until 5:00 p.m.</HD>
        <P>The Subcommittee will review guidance documents for conducting seismic and flooding reevaluations requested in the March 2012 10 CFR 50.54(f) letters to address Fukushima Near-Term Task Force Report, Task 2.1. The Subcommittee will hear presentations by and hold discussions with the NRC staff 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), Derek Widmayer (Telephone 301-415-7366 or Email:<E T="03">Derek.Widmayer@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 18, 2012, (77 FR 64146-64147).</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: November 8, 2012.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27769 Filed 11-14-12; 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 Radiation Protection and Nuclear Materials; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Radiation Protection and Nuclear Materials will hold a meeting on December 4, 2012, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.<PRTPAGE P="68162"/>
        </P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Tuesday, December 4, 2012—1:00 p.m. Until 4:00 p.m.</HD>
        <P>The Subcommittee will review Draft Final Regulatory Guide 4.22, “Decommissioning Planning During Operations.” The Subcommittee will hear presentations by and hold discussions with the NRC staff 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), Derek Widmayer (Telephone 301-415-7366 or Email:<E T="03">Derek.Widmayer@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 18, 2012, (77 FR 64146-64147).</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: November 8, 2012.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27767 Filed 11-14-12; 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 Regulatory Policies and Practices; Notice of Meeting</SUBJECT>
        <P>The ACRS Subcommittee on Regulatory Policies and Practices will hold a meeting on December 3, 2012, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.</P>
        <P>The entire meeting will be open to public attendance.</P>
        <P>The agenda for the subject meeting shall be as follows:</P>
        <HD SOURCE="HD1">Monday, December 3, 2012—1:00 p.m. Until 5:00 p.m.</HD>
        <P>The Subcommittee will review and discuss Regulatory Guide 1.79, “Preoperational Testing of Emergency Core Cooling Systems for Pressurized Water Reactors,” Revision 2, and Regulatory Guide 1.79.1, “Initial Test Program of Emergency Core Cooling Systems for New Boiling Water Reactors,” Revision 0 (DG-1277). The Subcommittee will hear presentations by and hold discussions with the NRC staff 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), Zena Abdullahi (Telephone 301-415-8716 or Email:<E T="03">Zena.Abdullahi@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 18, 2012 (77 FR 64146-64147).</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: November 6, 2012.</DATED>
          <NAME>Antonio Dias,</NAME>
          <TITLE>Technical Advisor, Advisory Committee on Reactor Safeguards.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27748 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">OVERSEAS PRIVATE INVESTMENT CORPORATION</AGENCY>
        <SUBJECT>Sunshine Act Meeting Notice—November 28, 2012 Public Hearing</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">TIME AND DATE:</HD>
          <P>2:00 p.m., Wednesday, November 28, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue NW., Washington, DC.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Hearing OPEN to the Public at 2:00 p.m.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PURPOSE:</HD>
          <P>Public Hearing in conjunction with each meeting of OPIC's Board of Directors, to afford an opportunity for any person to present views regarding the activities of the Corporation.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PROCEDURES:</HD>

          <P>Individuals wishing to address the hearing orally must provide advance notice to OPIC's Corporate Secretary no later than 5 p.m. Wednesday, November 21, 2012. The notice must include the individual's name, title, organization, address, and telephone number, and a concise<PRTPAGE P="68163"/>summary of the subject matter to be presented.</P>
          <P>Oral presentations may not exceed ten (10) minutes. The time for individual presentations may be reduced proportionately, if necessary, to afford all participants who have submitted a timely request an opportunity to be heard.</P>
          <P>Participants wishing to submit a written statement for the record must submit a copy of such statement to OPIC's Corporate Secretary no later than 5 p.m. Wednesday, November 21, 2012. Such statement must be typewritten, double-spaced, and may not exceed twenty-five (25) pages.</P>
          <P>Upon receipt of the required notice, OPIC will prepare an agenda, which will be available at the hearing, that identifies speakers, the subject on which each participant will speak, and the time allotted for each presentation.</P>
          <P>A written summary of the hearing will be compiled, and such summary will be made available, upon written request to OPIC's Corporate Secretary, at the cost of reproduction.</P>
          <P>Written summaries of the projects to be presented at the December 6, 2012 Board meeting will be posted on OPIC's Web site on or about Friday, November 16, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR INFORMATION:</HD>

          <P>Information on the hearing may be obtained from Connie M. Downs at (202) 336-8438, via facsimile at (202) 408-0297, or via email at<E T="03">Connie.Downs@opic.gov</E>.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: November 9, 2012.</DATED>
          <NAME>Connie M. Downs,</NAME>
          <TITLE>OPIC Corporate Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27853 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 3210-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
        <SUBJECT>Board of Governors; Sunshine Act Meeting</SUBJECT>
        <HD SOURCE="HD1">Board Votes To Close November 1, 2012, Meeting</HD>
        <P>By telephone vote on November 1, 2012, members of the Board of Governors of the United States Postal Service met and voted unanimously to close to public observation its meeting held in Washington, DC, via teleconference. The Board determined that no earlier public notice was possible.</P>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS CONSIDERED:</HD>
          <P SOURCE="NPAR">1. Strategic Issues</P>
          <P>2. Financial Matters.</P>
          <P>3. Pricing.</P>
          <P>4. Personnel Matters and Compensation Issues.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">GENERAL COUNSEL CERTIFICATION:</HD>
          <P>The General Counsel of the United States Postal Service has certified that the meeting was properly closed under the Government in the Sunshine Act.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
          <P>Requests for information about the meeting should be addressed to the Secretary of the Board, Julie S. Moore, at (202) 268-4800.</P>
        </PREAMHD>
        <SIG>
          <NAME>Julie S. Moore,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27840 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 7710-12-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <SUBJECT>Sunshine Act Meeting</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:</HD>
          <P>[77 FR 67408, November 9, 2012]</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS:</HD>
          <P>Closed Meeting.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PLACE:</HD>
          <P>100 F Street NE., Washington, DC.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING:</HD>
          <P>Friday, November 9, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CHANGE IN THE MEETING:</HD>
          <P>Cancellation of Meeting.</P>
          <P>The Closed Meeting scheduled for Friday, November 9, 2012 at 9:00 a.m. has been cancelled.</P>
          <P>For further information please contact the Office of the Secretary at (202) 551-5400.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: November 9, 2012.</DATED>
          <NAME>Elizabeth M. Murphy,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-27867 Filed 11-13-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-68179; File No. SR-NYSEARCA-2012-121]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fee Schedule Relating to Pricing Applicable to Electronic Transactions in Non-Penny Pilot Issues</SUBJECT>
        <DATE>November 8, 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 October 25, 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 Options Fee Schedule (“Fee Schedule”) to restructure the pricing applicable to electronic transactions in non-Penny Pilot issues. 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 restructure the pricing applicable to electronic transactions in non-Penny Pilot issues.<SU>4</SU>
          <FTREF/>The Exchange proposes to make the fee change operative on November 1, 2012.</P>
        <FTNT>
          <P>
            <SU>4</SU>As provided under NYSE Arca Options Rule 6.72, options on certain issues have been approved to trade with a minimum price variation of $0.01 as part of a pilot program that is currently scheduled to expire on December 31, 2012. The proposed change will not have an impact on pricing applicable to manual transactions in non-Penny Pilot issues, except that, as proposed, Marketing Charges would no longer apply. However, the Exchange does propose to amend the Fee Schedule to reflect that Firm, Broker Dealer and Customer electronic executions would become “N/A” with respect to standard executions.</P>
        </FTNT>

        <P>Currently, all transactions in non-Penny Pilot issues are considered “standard executions,” as opposed to the “Post-Take” pricing structure that<PRTPAGE P="68164"/>currently applies only to electronic executions in Penny Pilot issues.<SU>5</SU>
          <FTREF/>The Exchange now proposes to apply the Post-Take pricing structure to electronic executions in non-Penny Pilot issues. As a result, electronic transactions in non-Penny Pilot issues would be subject to Post-Take credits and fees, as is currently applicable for Penny Pilot issues. Under this structure, an electronic order or quote is charged a fee upon execution if it executes against a resting order or quote in the Consolidated Book (i.e., taking liquidity), or, alternatively, a resting electronic order or quote in the Consolidated Book (i.e., posted liquidity) generally receives a liquidity credit when an incoming order or quote executes against it.<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>5</SU>Manual transactions in Penny Pilot issues are considered standard executions and billed as such.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>As described below, a Firm or Broker Dealer electronic transaction in a non-Penny Pilot issue would be charged a fee, even if it is posting liquidity.</P>
        </FTNT>
        <P>To remain competitive, the Exchange is adopting Post-Take pricing for electronic transactions in all non-Penny Pilot issues, but the rates would be different than those that currently apply to Penny Pilot issues. To encourage greater Customer participation, the proposed new rates would provide a higher rebate to Customers that post liquidity, as compared to other market participants, and a rate for Customer orders that take liquidity that is comparable to other market participants. The proposed rates for Lead Market Makers (“LMMs”) and Market Makers for taking liquidity would be similar to each other, although not identical because of differing levels of obligations. The proposed rates also provide for higher rebates for posting liquidity for Market Makers, in order to offset the higher fees for taking liquidity. Firm and Broker Dealer electronic orders that are posted in the Consolidated Book will continue to be charged an execution fee, which would be the same as the current fee, despite such transactions posting liquidity.</P>
        <P>The proposed new fees would be as follows:</P>
        <GPOTABLE CDEF="s25,9,9" COLS="3" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Electronic executions in non-Penny Pilot issues</CHED>
            <CHED H="2">Post<LI>liquidity</LI>
            </CHED>
            <CHED H="2">Take<LI>liquidity</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Customer Electronic</ENT>
            <ENT>−$0.75</ENT>
            <ENT>$0.79</ENT>
          </ROW>
          <ROW>
            <ENT I="01">LMM</ENT>
            <ENT>−0.40</ENT>
            <ENT>0.78</ENT>
          </ROW>
          <ROW>
            <ENT I="01">NYSE Arca Market Maker</ENT>
            <ENT>−0.30</ENT>
            <ENT>0.80</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Firm and Broker Dealer Electronic</ENT>
            <ENT>0.50</ENT>
            <ENT>0.85</ENT>
          </ROW>
        </GPOTABLE>
        <P>As with the Penny Pilot issues, there would be no charges for executions in non-Penny Pilot issues on the opening auction. Also, orders originating from the Trading Floor that execute against the Consolidated Book so as to complete a manual transaction would continue to be charged manual order fees, as is currently the case for Penny Pilot issues, for which standard execution fees apply.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See</E>endnote 5 in the Fee Schedule.</P>
        </FTNT>
        <P>In addition, the Exchange proposes to eliminate Marketing Charges on the Exchange.<SU>8</SU>
          <FTREF/>Marketing Charges do not currently apply to transactions in Penny Pilot issues and, related to the proposal to apply Post-Take pricing to non-Penny Pilot issues, the Exchange has decided to eliminate Marketing Charges entirely.</P>
        <FTNT>
          <P>
            <SU>8</SU>A Marketing Charge of $0.65 currently applies to LMM and Market Maker transactions against Customers.</P>
        </FTNT>
        <P>The Exchange also proposes conforming changes to the endnotes in the Fee Schedule to account for the application of Post-Take pricing for non-Penny Pilot issues. Specifically, the Exchange proposes to amend endnote 5 to specify that only manual executions would be considered “standard executions” (i.e., they would not be subject to Post-Take pricing). The Exchange also proposes to amend endnote 6 to specify that, as is currently the case for Penny Pilot issues, transaction fees do not apply to executions occurring during the Opening Auction, as described above. The Exchange also proposes to amend endnote 6 to address the proposal that Firms and Broker Dealers be charged a fee for posting liquidity in non-Penny Pilot issues.</P>
        <P>The Exchange notes that the proposed fees are similar to those recently adopted by the NASDAQ Stock Market LLC (“NASDAQ”) for transactions on the NASDAQ Options Market (“NOM”) in non-Penny Pilot Options.<SU>9</SU>
          <FTREF/>Additionally, the proposed fees and credits for non-Penny Pilot issues are similar to fees and rebates currently in place at BATS Exchange, Inc. (“BATS”) Options (“BATS Options”).<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>Exchange Act Release No. 68029 (October 10, 2012), 77 FR 63384 (October 16, 2012) (SR-NASDAQ-2012-114).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>BATS assesses a Non-Penny Pilot Option Fee of $0.80 [sic] per contract for accessing liquidity for a Professional, Firm or Market Maker order that removes liquidity from the BATS Options order book and a $0.75 per contract rebate for a Customer order that removes liquidity from the BATS Options order book. Additionally, BATS pays a $0.70 per contract rebate for a Professional, Firm or Market Maker order that adds liquidity to the BATS Options order book and a $0.75 rebate per contract for a Customer order that adds liquidity to the BATS Options order book.</P>
        </FTNT>
        <P>The Exchange notes that the proposed changes are not otherwise intended to address any other issues surrounding fees for non-Penny Pilot issues and the Exchange is not aware of any problems that OTP Holders and OTP Firms would have in complying with the proposed change.</P>
        <P>The Exchange proposes to make the fee change operative on November 1, 2012.</P>
        <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>11</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4) of the Act,<SU>12</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>11</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <P>The Exchange operates in a highly competitive market, comprised of 10 U.S. options exchanges, in which sophisticated and knowledgeable market participants can and do send order flow to competing exchanges if they deem fee levels at a particular exchange to be excessive or the rebate offered to be inadequate. The Exchange believes that the proposed fee and rebate structure is competitive and similar to other fees and rebates in place on other exchanges.<SU>13</SU>
          <FTREF/>The Exchange believes that this competitive marketplace materially impacts the fees and rebates present on the Exchange today and substantially influences the proposal set forth herein. The Exchange believes that it is equitable and not unfairly discriminatory to apply the proposed non-Penny Pilot issue pricing to the various market participants, as noted in this proposal. In this regard, all market participants transacting in non-Penny Pilot issues would be subject to the fees and rebates proposed herein.</P>
        <FTNT>
          <P>
            <SU>13</SU>
            <E T="03">See supra</E>notes 9 and 10.</P>
        </FTNT>

        <P>The Exchange believes that the proposed Customer credit to post liquidity in non-Penny Pilot issues is reasonable because it would continue to incent OTP Holders and OTP Firms to transact Customer order flow on the Exchange. In this regard, Customer order flow benefits all market participants through the increased liquidity that it brings to the market. Customers would be subject to a $0.79 per contract fee to remove liquidity in non-Penny Pilot issues, as compared to<PRTPAGE P="68165"/>no fee today, which the Exchange believes is reasonable due to the opportunity to receive the proposed credit. The Exchange believes that its proposal to offer a Customer credit to post liquidity in non-Penny Pilot issues (from no credit today, to $0.75 per contract as proposed) is reasonable because other market participants will benefit from the increased order flow to the Exchange.</P>
        <P>The Exchange believes that charging a fee for Firm and Broker Dealer executions that post liquidity and increasing the fee for their executions that take liquidity in non-Penny Pilot issues is reasonable because the fees would enable the Exchange to incentivize Customers to post greater amounts of liquidity in non-Penny Pilot issues. The Exchange believes that its success at attracting Customer order flow benefits all market participants by improving the quality of order interaction and executions at the Exchange, including for Firms and Broker Dealers.</P>
        <P>The Exchange believes that it is equitable and not unfairly discriminatory to assess Firms and Broker Dealers a fee for posting liquidity in non-Penny Pilot issues, but to provide a credit to other market participants for posting liquidity in non-Penny Pilot issues. The Exchange notes that Firms and Broker Dealers would be assessed the same $0.50 per contract fee that they are currently assessed for posting liquidity in non-Penny Pilot issues. More specifically, the Exchange believes that not assessing a Customer, LMM or NYSE Arca Market Maker a fee for posting liquidity in non-Penny Pilot issues, as compared to Firms and Broker Dealers, is equitable and not unfairly discriminatory because Customers, LMMs, and NYSE Arca Market Makers differ from Firms and Broker Dealers. In this regard, the Exchange believes that Customer order flow benefits all market participants by improving liquidity and the quality of order interaction. Additionally, LMMs and Market Makers have obligations to the market and regulatory requirements,<SU>14</SU>
          <FTREF/>which normally do not apply to other market participants. For example, an LMM has the obligation to make continuous markets 90% of the time that the Exchange is open for trading, while other Market Makers have the obligation to make continuous markets 60% of the time that the Exchange is open for trading. Both LMMs and other Market Makers must also engage in a course of dealing that is consistent with the maintenance of a fair and orderly market. Accordingly, the Exchange believes that it is equitable and not unfairly discriminatory to charge Firms and Broker Dealers for posting liquidity but to not charge other market participants for doing so.</P>
        <FTNT>
          <P>
            <SU>14</SU>
            <E T="03">See</E>NYSE Arca Rules 6.32 (Market Maker Defined), 6.37 (Obligations of Market Makers), 6.37A (Obligations of Market Makers—OX) and 6.37B (Market Maker Quotations—OX).</P>
        </FTNT>
        <P>The proposed differentiation between pricing for Customers, LMMs, NYSE Arca Market Makers and other market participants is also equitable and not unfairly discriminatory because it reflects the differing contributions made to the liquidity and trading environment on the Exchange by Customers, LMMs, and NYSE Arca Market Makers, as well as the differing mix of orders entered. The Exchange believes that increasing the Firm and Broker Dealer fees for taking liquidity in non-Penny Pilot issues to $0.85 per contract is equitable and not unfairly discriminatory because Firms and Broker Dealers will be assessed the same fee. Further, the amount of the fee is reasonable because it is the same as the rate charged to Firms and Broker Dealers on other exchanges. For example, NOM charges Professionals, Non-NOM Market Makers and Firms $0.85 per contract to take liquidity in non-Penny Pilot issues. Customers, LMMs and Market Makers would be assessed a lower fee for taking liquidity in non-Penny Pilot issues, as compared to Firms and Broker Dealers, because, as mentioned above, the fees reflect the differing contributions made to the liquidity and trading environment on the Exchange by Customers, LMMs, and Market Makers, as well as the differing mix of orders.</P>
        <P>The Exchange believes that the rates proposed for LMMs and Market Makers are equitable and not unfairly discriminatory. In this regard, non-Penny Pilot issues are typically less liquid than Penny Pilot issues and thus the heightened quoting obligation of the LMM in these issues requires a differentiated posting incentive as compared to Penny Pilot issues. Accordingly, since there is much greater risk for a liquidity provider when posting versus taking in less liquid names and the LMM's quoting obligation is 50% higher than a regular Market Maker, they require a meaningfully higher posting rebate. Taking liquidity is not as much of the core function of the liquidity provider, thus the difference in take rates do not have to be as substantial, which the Exchange believes is reasonable.</P>
        <P>The Exchange also believes that, overall, the proposed fees for taking liquidity are reasonable because in the current U.S. options market, many of the contracts are quoted in pennies. Under this pricing structure, the minimum penny tick increment equates to a $1.00 economic value difference per contract, given that a single standardized U.S. option contract covers 100 shares of the underlying stock.</P>
        <P>For contracts that are quoted in $0.05 increments (non-pennies), the value per tick is $5.00 in proceeds to the investor transacting in these contracts. Liquidity rebate and access fee structures on the make-take exchanges, including the Exchange's Post-Take pricing structure, for securities quoted in penny increments are commonly in the $0.30 to $0.45 per contract range. A $0.30 per contract rebate in a penny quoted security is a rebate equivalent to 30% of the value of the minimum tick. A $0.45 per contract fee in a penny quoted security is a charge equivalent to 45% of the value of that minimum tick. In other words, in penny quoted securities, where the price is improved by one tick with an access fee of $0.45 per contract, an investor paying to access that quote is still $0.55 better off than trading at the wider spread, even without the access fee ($1.00 of price improvement less a $0.45 access fee equals $0.55 better economics). This computation is equally true for securities quoted in wider increments. Rebates and access fees near the $0.85 per contract level equate to only 17% of the value of the minimum tick in non-Penny Pilot issues, less than the experience today in Penny Pilot issues. For example, a retail investor transacting a single contract in a non-penny quoted security quoted a single tick tighter than the rest of the market, and paying an access fee of $0.79 per contract, is receiving an economic benefit of $4.21 ($0.05 improved tick equals $5.00 in proceeds less $0.79 access fee, which equals $4.21). The Exchange believes that encouraging LMMs and Market Makers to quote more aggressively by giving credits to post liquidity and incenting Customer orders to post on NYSE Arca will narrow the spread in non-Penny Pilot issues to the benefit of investors and all market participants by improving the overall economics of the resulting transactions that occur on the Exchange, even if the access fee paid in connection with such transactions is higher. Accordingly, the Exchange believes that the proposed fees and rebates for the non-Penny Pilot issues are reasonable, equitable and not unfairly discriminatory.</P>

        <P>As with Penny Pilot issues, there will be no fees for transactions on the Opening Auction. The Exchange believes that this is equitable and not unfairly discriminatory because it<PRTPAGE P="68166"/>would apply to trading interest from all market participants, and is reasonable because a determination of posting liquidity or taking liquidity is difficult prior to the establishment of the opening market.</P>
        <P>The Exchange believes the application of manual fees to orders represented by a Floor Broker and partially executed against the Consolidated Book are reasonable, equitable and not unfairly discriminatory, because the fees are those expected by the market participant that submits the order, and does not alter the fees or credits expected by the market participant whose order or quote is resting in the Consolidated Book.</P>
        <P>The Exchange believes that eliminating Marketing Charges on the Exchange is reasonable because it would eliminate a fee for Market Makers and LMMs that the Exchange has decided to no longer apply in light of the proposed application of Post-Take pricing to non-Penny Pilot issues—currently, Marketing Charges do not apply to Penny Pilot issues. This is equitable and not unfairly discriminatory because the charges are currently collected only from LMMs and Market Makers who interact with Customer orders, and, as a result of the proposed change, would no longer be collected from any participant on the Exchange. As a result, Customers would receive direct credit for posted liquidity, rather than a payment for order flow in an indirect manner.</P>
        <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>The Exchange received one unsolicited, written comment on the proposed rule change from an LMM on the Exchange. The LMM commented that the proposed pricing structure would negatively impact its business because it trades less liquid issues with wider markets, and that the restructuring of the fees will not provide a sufficient incentive to him to provide tighter markets to receive credits for posting liquidity. The LMM also stated that the proposed pricing structure will encourage order flow providers to send mid-market trades (orders between the bid and offer) to the Exchange to collect payment (posted liquidity credits) and gain priority, and then direct market-taking orders to other exchanges where the order flow provider would not be charged a market taker fee.</P>
        <P>Additionally, the LMM believed that the proposed pricing structure would encourage competition from Customers who would have an incentive to improve on the LMM's markets to collect posted liquidity credits and also gain priority, diminishing the value of being an OTP-holding market maker on the Exchange. Lastly, the LMM commented that there might or might not be an increase in order flow between the bid and offer, but that other, more sophisticated firms would be more competitive, and, therefore, the LMM would not see the benefits of the proposed pricing structure.</P>
        <P>In response to the LMM's statements, the Exchange believes, as described above, that the proposed fee and rebate structure is competitive and similar to other fees and rebates in place on other exchanges. The LMM's complaints are that he will not be able to compete against Customers or more sophisticated firms. The Exchange believes that attracting Customer order flow benefits all market participants by improving the quality of order interaction and executions at the Exchange, including for Firms and Broker Dealers. Encouraging LMMs and Market Makers to quote more aggressively by giving credits to post liquidity and incenting Customer orders to post on NYSE Arca will narrow the spread in non-Penny Pilot issues to the benefit of investors and all market participants by improving the overall economics of the resulting transactions that occur on the Exchange, and by increasing competition between the LMM and Customers and competing Market Makers, spreads will narrow and more attractive order flow will be available on the Exchange, enhancing the markets for all participants.</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>15</SU>
          <FTREF/>of the Act and subparagraph (f)(2) of Rule 19b-4<SU>16</SU>
          <FTREF/>thereunder, because it establishes a due, fee, or other charge imposed by the NYSE Arca.</P>
        <FTNT>
          <P>
            <SU>15</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>16</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-2012-121 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-2012-121. 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 20549-1090, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such<PRTPAGE P="68167"/>filing also will be available for inspection and copying at the NYSE's principal office and on its Internet Web site at<E T="03">www.nyse.com.</E>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-2012-121, and should be submitted on or before December 6, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>17</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>17</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. 2012-27712 Filed 11-14-12; 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. 34-68182; File No. SR-CHX-2012-16]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Single-Sided Orders Fees and Rebates</SUBJECT>
        <DATE>November 8, 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 November 2, 2012, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) 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 Exchange. CHX has filed the proposal pursuant to Section 19(b)(3)(A) 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).</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 the Substance of the Proposed Rule Change</HD>

        <P>The CHX proposes to amend its Schedule of Fees and Assessments (the “Fee Schedule”), effective November 2, 2012, to create a separate fee and rebate structure for each derivative and non-derivative Tape A, B and C security, with respect to single-sided order executions of 100 or more shares. The text of this proposed rule change is available on the Exchange's Web site at<E T="03">http://www.chx.com/rules/proposed_rules.htm</E>and in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549.</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 CHX included statements concerning the purpose of and basis for the proposed rule changes and discussed any comments it received regarding the proposal. The text of these statements may be examined at the places specified in Item IV below. The CHX 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>Through this filing, the Exchange proposes to amend its Schedule of Fees and Assessments (the “Fee Schedule”), effective November 2, 2012, to amend Section E.1 of the Fee Schedule, which concerns single-sided order executions of 100 or more shares, to establish fees and rebates specific to each derivative and non-derivative Tape A, B and C security type.</P>
        <HD SOURCE="HD3">Current Section E.1</HD>

        <P>On January 9, 2012, the Exchange adopted the current Fee Schedule that incorporated,<E T="03">inter alia,</E>a separate fee and rebate structure for Derivative Securities Products (“DSPs”)<SU>5</SU>
          <FTREF/>and removed references to Tape A, B and C securities throughout its Fee Schedule.<SU>6</SU>
          <FTREF/>Specifically, with respect to Section E.1, the Exchange eliminated the distinction in the fee and rebate structure for Tape A, B and C securities<SU>7</SU>
          <FTREF/>and replaced it with a structure based on DSPs and non-DSPs.</P>
        <FTNT>
          <P>

            <SU>5</SU>Per Section E.1 of the current Fee Schedule, “Derivative Securities Product” is defined as any type of option, warrant, hybrid securities product or any other security, other than a single equity option or a security futures product, whose value is based, in whole or in part, upon the performance of, or interest in, an underlying instrument. This definition is drawn from Rule 19b-4(e).<E T="03">See</E>17 CFR 240.19b-4(e).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>Exchange Act. Release No. 66139 (January 11, 2012), 77 F.R. 2583 (January 18, 2012) (SR-CHX-2012-01).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>Tape A securities are those securities for which the New York Stock Exchange, Inc. is the primary listing market. Tape C securities are those securities for which the NASDAQ Stock Exchange, Inc. is the primary listing center. Tape B securities are those securities for which some other national securities exchange is the primary listing market.</P>
        </FTNT>
        <P>With respect to the current fees and rebates of Section E.1, for transactions in DSPs priced greater than or equal to $1.00/share that are executed in the Regular Trading Session, the current Fee Schedule charges a fee of $0.003/share for removing liquidity and gives a rebate of $0.0022/share for providing liquidity. For transactions in non-DSPs priced equal to or greater than $1.00/share that are executed in the Regular Trading Session, the current Fee Schedule charges a fee of $0.003/share for removing liquidity, but gives no rebate for providing liquidity. For transactions in all securities priced equal to or less than $1.00/share that are executed in the Early and Late Trading Sessions, the current Fee Schedule charges a fee of $0.003/share for removing liquidity and gives a rebate of $0.0022/share for providing liquidity. For transactions in all securities priced less than $1.00/share, the current Fee Schedule charges a fee of 0.30% of trade value for removing liquidity and gives a rebate of $0.00009/share for providing liquidity.</P>
        <HD SOURCE="HD3">Proposed Section E.1</HD>
        <P>The Exchange now proposes to amend Section E.1 to reincorporate references to Tape A, B and C securities, while maintaining the distinction between DSPs and non-DSPs, so as to establish fees and rebates specific to each derivative and non-derivative Tape A, B and C security type and to maintain the current rebate and fee values, but for two exceptions. Specifically, the Exchange proposes to distinguish between “Regular” and “Early and Late” trading sessions. Each trading session will be further divided into six categories, one for each derivative and non-derivative Tape A, B and C security. Finally, each one of the six security-types will be then divided into securities priced greater than or equal to $1.00/share or priced less than $1.00/share. At this point, each security-type will be assigned a specific fee and rebate value, resulting in a total of twenty-four (24) distinct sets of fees and rebates.</P>

        <P>With respect to the actual values of the fees and rebates of proposed Section E.1, the Exchange proposes to mostly adopt the fee and rebate values currently in Section E.1. Specifically, for transactions in Tape A and B Non-DSP securities priced greater than or equal to $1.00/share executed during the Regular Trading Session, the<PRTPAGE P="68168"/>Exchange proposes to maintain no liquidity providing rebate and a $0.0030/share liquidity removing fee. Also, for transactions in Tapes A and B DSP securities priced greater than or equal to $1.00/share executed during the Regular Trading Session and all Tapes DSP and Non-DSP securities priced greater than or equal to $1.00 executed during the Early or Late Trading Session, the Exchange proposes to maintain a liquidity providing rebate of $0.0020/share and a liquidity removing fee of $0.0030/share. Furthermore, for transactions in all Tapes Non-DSP securities priced less than $1.00/share executed in the Regular, Early or Late Trading Sessions, the Exchange proposes to maintain a liquidity providing rebate of $0.00009/share and a liquidity removing fee of 0.30% of trade value.</P>
        <P>However, the Exchange proposes a new fee and rebate for Tape C DSP and Non-DSP securities priced greater than or equal to $1.00/share executed in the Regular Trading Session. Currently, for transactions in Tape C non-DSP securities priced greater than or equal to $1.00/share executed in the Regular Trading Session, there is no liquidity providing rebate and a $0.0030/share liquidity removing fee. Moreover, for transactions in Tape C DSP securities priced greater than or equal to $1.00/share executed in the Regular Trading Session, there is currently a liquidity providing rebate of $0.0020/share and a liquidity removing fee of $0.0030/share. In lieu of these current values, the Exchange now proposes a liquidity providing rebate of $0.00010/share and a liquidity removing fee of $0.0006/share, for both of these security types. The Exchange submits that the imposition of these new fee and rebate values is necessary to promote order flow in Tape C securities to the Exchange.</P>
        <P>Generally speaking, the purpose of this new fee and rebate structure is to create greater granularity in the Exchange's billing structure, which will in turn provide it with greater flexibility in setting fees and rebates.<SU>8</SU>
          <FTREF/>This granularity will allow the Exchange to make fine-tuned adjustments, through future proposed fee filings pursuant to Rule 19b-4, to incentivize order flow in a specific group of securities, such as in Tape C securities, without affecting other fees or rebates associated with orders in other groups of securities that the Exchange does not wish to impact. That is, such flexibility will allow the Exchange to adapt to fast-paced changes in today's orders marketplace and will, in turn, allow the Exchange to remain competitive for such orders.</P>
        <FTNT>
          <P>
            <SU>8</SU>The Exchange endeavors to incorporate this new security-type specific fee structure throughout its Fee Schedule, to the extent applicable, through proposed rule filings, such as this one and SR-CHX-2012-15. SR-CHX-2012-15 proposes the adoption of a similar security-type specific fee structure in the context of order cancellation fees.</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 Act<SU>9</SU>
          <FTREF/>in general, and furthers the objectives of Section 6(b)(4) of the Act<SU>10</SU>
          <FTREF/>in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and other persons using any facility or system which the Exchange operates or controls. Specifically, since the proposed fee and rebate structure will apply to all single-sided orders of 100 or more shares executed in the CHX Matching System, the Exchange believes that it will equitably allocate the fees and rebates among Participants in a non-discriminatory nature. In addition, because quoting and trading activity is different among certain categories of securities, such as DSPs, as well as those securities on different Tapes, the Exchange believes that it is fair and reasonable to impose specific fees and rebates for each of the six security-types in order to better incent activity by Participants on the Exchange's trading facilities in those particular categories. Furthermore, the proposed values for the liquidity removing fees for each of the security types are reasonable where such values will either remain the same as the current fees or will decrease (in the case of transactions in Tape C DSP and Non-DSP securities priced greater than or equal to $1.00/share executed in the Regular Trading Session) and where the proposed fee values are generally similar to the fees of other exchanges, such as NASDAQ.<SU>11</SU>
          <FTREF/>
        </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>
        <FTNT>
          <P>
            <SU>11</SU>NASDAQ pricing provides for a flat fee of $0.0030/share to remove liquidity for transactions in all Tape securities priced greater than or equal to $1.00/share and a fee of 0.30% of total dollar volume for transactions in securities priced less than $1.00/share.</P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>No written comments were solicited or received.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>The proposed rule change is to take effect pursuant to Section 19(b)(3)(A)(ii) of the Act<SU>12</SU>
          <FTREF/>and subparagraph (f)(2) of Rule 19b-4 thereunder<SU>13</SU>
          <FTREF/>because it establishes or changes a due, fee or other charge applicable to the Exchange's members and non-members, which renders the proposed rule change effective upon filing.</P>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78s(b)(3)(A)(ii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</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 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-CHX-2012-16 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-CHX-2012-16. This file number should be included on the subject line if email is used.</FP>

        <P>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<PRTPAGE P="68169"/>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 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the CHX. 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-CHX-2012-16, and should be submitted on or before December 6, 2012.</P>
        <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. 2012-27715 Filed 11-14-12; 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. 34-68196; File No. SR-Phlx-2012-128]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Fees Assessed Under Section VII. C. of the Pricing Schedule</SUBJECT>
        <DATE>November 8, 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 October 26, 2012, NASDAQ OMX PHLX LLC (“PHLX” or “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 the Substance of the Proposed Rule Change</HD>

        <P>The Exchange proposes to modify fees assessed under Section VII. C. of the PHLX Pricing Schedule relating to the Central Registration Depository (“CRD system”), which are collected by FINRA. PHLX is proposing that the implementation date of the proposed rule change will be January 2, 2013. The text of the proposed rule change is available at<E T="03">http://nasdaqomxphlx.cchwallstreet.com,</E>at PHLX's principal office, 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 those statements may be examined at the places specified in Item III [sic] 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>PHLX is amending its fees assessed under Section VII. C. of the PHLX Pricing Schedule to reflect a recent fee change made by FINRA,<SU>3</SU>
          <FTREF/>relating to the CRD system.<SU>4</SU>
          <FTREF/>The fees assessed under Section VII. C. are collected and retained by FINRA via the CRD system for the registration of associated persons of Exchange members that are not also FINRA members. The Exchange originally adopted the fees under Section VII. C. to mirror the fees assessed by FINRA on its members for use of the CRD system in connection with the Exchange's participation in Web CRD.<SU>5</SU>
          <FTREF/>FINRA recently amended the fees assessed for use of the CRD system, which will become effective January 2, 2013.<SU>6</SU>
          <FTREF/>The CRD system fees are use-based and there is no distinction in the cost incurred by FINRA if the user is a FINRA member or a member of an exchange that is not a FINRA member. Accordingly, the Exchange is proposing to amend the fees under Section VII. C. to mirror those assessed by FINRA, which will be implemented concurrently with the amended FINRA fees on January 2, 2013.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 67247 (June 25, 2012), 77 FR 38866 (June 29, 2012) (SR-FINRA-2012-030).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>The CRD system is the central licensing and registration system for the U.S. securities industry. The CRD system enables individuals and firms seeking registration with multiple states and self-regulatory organizations to do so by submitting a single form, fingerprint card and a combined payment of fees to FINRA. Through the CRD system, FINRA maintains the qualification, employment and disciplinary histories of registered associated persons of broker-dealers.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 53688 (April 20, 2006), 71 FR 24885 (April 27, 2006) (SR-Phlx-2006-24).<E T="03">See also,</E>Section 4(b)(3) of Schedule A to the FINRA By-Laws.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">Supra</E>note 3.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>The Exchange notes that it is not adopting all of the changes made in the FINRA filing. Certain fees and requirements are specific to FINRA and the Exchange elected to not adopt them because either such fees did not apply to Exchange-only members or such fees did not directly cover the costs associated with the use of the CRD system. For example, under FINRA Section 4(h) of Schedule A FINRA assesses a fee of $10 per day, up to $300 for each day that a new disclosure event or a change in the status of a previously reported disclosure event is not timely filed on an initial or amended Form U5 or an amended Form U4. [sic] This fee provides a financial incentive to a FINRA member to file its Forms U4 and U5 timely. The Exchange elected to not adopt such a fee applicable to its members that are not also FINRA members.</P>
        </FTNT>
        <P>In addition to increasing the existing CRD system fees, FINRA adopted a new fee for the additional processing of each initial or amended Form BD that includes the initial reporting, amendment, or certification of one or more disclosure events or proceedings.<SU>8</SU>
          <FTREF/>Member firms use the Form BD to, among other things, report disclosure matters in which they or a control affiliate have been involved. Prior to the adoption of the new fee, FINRA did not have a fee designed to cover the costs associated with the review of Form BD notwithstanding the review is similar to that performed of member firms' Forms U4 and U5. Such reviews include confirming that the matter is properly reported; reviewing any documentation submitted and determining whether additional documentation is required; conducting any necessary independent research; and, depending on the matter reported, analyzing whether the event or proceeding subjects the individual or member to a statutory disqualification pursuant to Section 3(a)(39) of the Act.<SU>9</SU>
          <FTREF/>FINRA adopted a $110 fee for the review of a Form BD, which mirrors the increased fee adopted for the review of Forms U4 and U5. As such, the Exchange is adopting the identical fee for FINRA's review of a Form BD submitted by Exchange members that are not members of FINRA.</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78c(a)(39).</P>
        </FTNT>

        <P>The Exchange is proposing that the implementation date of the proposed<PRTPAGE P="68170"/>rule change will be January 2, 2013. Specifically, the proposed initial/transfer registration, disclosure filing, and fingerprint fees would become effective for filings or fingerprints submitted on or after January 2, 2013. Lastly, the proposed system processing fee would become effective for the 2013 Renewal Program.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>As part of FINRA's 2013 Renewal Program, Preliminary Renewal Statements reflecting the proposed $45 system processing fee will be made available to members in the fourth quarter of 2012.</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,<SU>11</SU>
          <FTREF/>in general, and with Section 6(b)(4) of the Act<SU>12</SU>
          <FTREF/>and Section 6(b)(5) of the Act,<SU>13</SU>
          <FTREF/>in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which the Exchange operates or controls, and it does not unfairly discriminate between customers, issuers, brokers or dealers. All similarly situated members are subject to the same fee structure, and every member firm must use the CRD system for registration and disclosure.</P>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <P>The change is reasonable because the proposed fees are identical to those adopted by FINRA for use of the CRD system for disclosure and the registration of associated persons of FINRA members. As FINRA noted in amending its fees, it believed the fees are reasonable based on the increased costs associated with operating and maintaining the CRD system, and listed a number of enhancements made to the CRD system since the last fee increase, including: (1) Incorporation of various uniform registration form changes; (2) electronic fingerprint processing; (3) Web EFT<SU>TM</SU>, which allows subscribing firms to submit batch filings to the CRD system; (4) increases in the number and types of reports available through the CRD system; and (5) significant changes to BrokerCheck, including making BrokerCheck easier to use and expanding the amount of information made available through the system. These increased costs are similarly borne by FINRA when a member of the Exchange that is not a member of FINRA uses the CRD system. Accordingly, the fees collected for such use should likewise increase in lockstep with the fees assessed FINRA members, as is proposed by the Exchange.</P>
        <P>The proposed change, like FINRA's proposal, is consistent with an equitable allocation of fees because the fees will apply equally to all individuals and members required to report information to the CRD system. Thus, those members that register more individuals or submit more filings through the CRD system will generally pay more in fees than those members that use the CRD system to a lesser extent.</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 result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended.</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>Written comments were neither solicited nor received.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Pursuant to Section 19(b)(3)(A)(ii) of the Act,<SU>14</SU>
          <FTREF/>PHLX has designated this proposal as establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization, which renders the proposed rule change effective upon filing.</P>
        <FTNT>
          <P>
            <SU>14</SU>15 U.S.C. 78s(b)(3)(A)(ii).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the 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-Phlx-2012-128 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-Phlx-2012-128. 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 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices 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-Phlx-2012-128, and should be submitted on or before December 6, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>15</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>15</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. 2012-27779 Filed 11-14-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="68171"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-68195; File No. SR-BX-2012-070]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Fees Assessed Under Rule 7003(a)</SUBJECT>
        <DATE>November 8, 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 October 26, 2012, NASDAQ OMX BX, Inc. (“BX” or “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 the Substance of the Proposed Rule Change</HD>

        <P>The Exchange proposes to modify fees assessed under Rule 7003(a) relating to the Central Registration Depository (“CRD system”), which are collected by FINRA. BX is proposing that the implementation date of the proposed rule change will be January 2, 2013. The text of the proposed rule change is available at<E T="03">http://nasdaqomxbx.cchwallstreet.com,</E>at BX's principal office, 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 those statements may be examined at the places specified in Item III [sic] 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>BX is amending its fees assessed under Rule 7003(a) to reflect a recent fee change made by FINRA,<SU>3</SU>
          <FTREF/>relating to the CRD system.<SU>4</SU>
          <FTREF/>The fees assessed under Rule 7003(a) are collected and retained by FINRA via the CRD system for the registration of associated persons of Exchange members that are not also FINRA members. The Exchange originally adopted the fees under Rule 7003(a) to mirror the fees assessed by FINRA on its members for use of the CRD system in connection with the resumption of its cash equities trading business.<SU>5</SU>
          <FTREF/>FINRA recently amended the fees assessed for use of the CRD system, which will become effective January 2, 2013.<SU>6</SU>
          <FTREF/>The CRD system fees are use-based and there is no distinction in the cost incurred by FINRA if the user is a FINRA member or a member of an exchange that is not a FINRA member. Accordingly, the Exchange is proposing to amend the fees under Rule 7003(a) to mirror those assessed by FINRA, which will be implemented concurrently with the amended FINRA fees on January 2, 2013.<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 67247 (June 25, 2012), 77 FR 38866 (June 29, 2012) (SR-FINRA-2012-030).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>The CRD system is the central licensing and registration system for the U.S. securities industry. The CRD system enables individuals and firms seeking registration with multiple states and self-regulatory organizations to do so by submitting a single form, fingerprint card and a combined payment of fees to FINRA. Through the CRD system, FINRA maintains the qualification, employment and disciplinary histories of registered associated persons of broker-dealers.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 54264 [sic] (February 2, 2009), 74 FR 6441 (February 9, 2009) (SR-BX-2009-004).<E T="03">See also,</E>Section 4(b)(3) of Schedule A to the FINRA By-Laws.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">Supra</E>note 3.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>The Exchange notes that it is not adopting all of the changes made in the FINRA filing. Certain fees and requirements are specific to FINRA and the Exchange elected to not adopt them because either such a fee did not apply to Exchange-only members or such fees did not directly cover the costs associated with the use of the CRD system. For example, under FINRA Section 4(h) of Schedule A FINRA assesses a fee of $10 per day, up to $300 for each day that a new disclosure event or a change in the status of a previously reported disclosure event is not timely filed on an initial or amended Form U5 or an amended Form U4. [sic] This fee provides a financial incentive to a FINRA member to file its Forms U4 and U5 timely. The Exchange elected to not adopt such a fee applicable to its members that are not also FINRA members.</P>
        </FTNT>
        <P>In addition to increasing the existing CRD system fees, FINRA adopted a new fee for the additional processing of each initial or amended Form BD that includes the initial reporting, amendment, or certification of one or more disclosure events or proceedings.<SU>8</SU>
          <FTREF/>Member firms use the Form BD to, among other things, report disclosure matters in which they or a control affiliate have been involved. Prior to the adoption of the new fee, FINRA did not have a fee designed to cover the costs associated with the review of Form BD notwithstanding the review is similar to that performed of member firms' Forms U4 and U5. Such reviews include confirming that the matter is properly reported; reviewing any documentation submitted and determining whether additional documentation is required; conducting any necessary independent research; and, depending on the matter reported, analyzing whether the event or proceeding subjects the individual or member to a statutory disqualification pursuant to Section 3(a)(39) of the Act.<SU>9</SU>
          <FTREF/>FINRA adopted a $110 fee for the review of a Form BD, which mirrors the increased fee adopted for the review of Forms U4 and U5. As such, the Exchange is adopting the identical fee for FINRA's review of a Form BD submitted by Exchange members that are not members of FINRA.</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78c(a)(39).</P>
        </FTNT>
        <P>The Exchange is proposing that the implementation date of the proposed rule change will be January 2, 2013. Specifically, the proposed initial/transfer registration, disclosure filing, and fingerprint fees would become effective for filings or fingerprints submitted on or after January 2, 2013. Lastly, the proposed system processing fee would become effective for the 2013 Renewal Program.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>As part of FINRA's 2013 Renewal Program, Preliminary Renewal Statements reflecting the proposed $45 system processing fee will be made available to members in the fourth quarter of 2012.</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,<SU>11</SU>
          <FTREF/>in general, and with Section 6(b)(4) of the Act<SU>12</SU>
          <FTREF/>and Section 6(b)(5) of the Act,<SU>13</SU>

          <FTREF/>in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which the Exchange operates or controls, and it does not unfairly discriminate between customers, issuers, brokers or dealers. All similarly situated members are subject to the same fee structure, and<PRTPAGE P="68172"/>every member firm must use the CRD system for registration and disclosure.</P>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <P>The change is reasonable because the proposed fees are identical to those adopted by FINRA for use of the CRD system for disclosure and the registration of associated persons of FINRA members. As FINRA noted in amending its fees, it believed the fees are reasonable based on the increased costs associated with operating and maintaining the CRD system, and listed a number of enhancements made to the CRD system since the last fee increase, including: (1) Incorporation of various uniform registration form changes; (2) electronic fingerprint processing; (3) Web EFT<SU>TM</SU>, which allows subscribing firms to submit batch filings to the CRD system; (4) increases in the number and types of reports available t