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  <VOL>77</VOL>
  <NO>226</NO>
  <DATE>Friday, November 23, 2012</DATE>
  <UNITNAME>Contents</UNITNAME>
  <CNTNTS>
    <AGCY>
      <EAR>Agency</EAR>
      <PRTPAGE P="iii"/>
      <HD>Agency for International Development</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Privacy Act; Systems of Records,</DOC>
          <PGS>70136-70137</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28412</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Agriculture</EAR>
      <HD>Agriculture Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Forest Service</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Consumer Financial Protection</EAR>
      <HD>Bureau of Consumer Financial Protection</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Delayed Implementation of Certain New Mortgage Disclosures,</DOC>
          <PGS>70105-70114</PGS>
          <FRDOCBP D="9" T="23NOR1.sgm">2012-28341</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Centers Medicare</EAR>
      <HD>Centers for Medicare &amp; Medicaid Services</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Medicare Program; FY 2014 Applications for New Medical Services and Technology Add-On Payments,</SJDOC>
          <PGS>70163-70165</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28478</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Children</EAR>
      <HD>Children and Families Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Title IV-E Programs Quarterly Financial Report,</SJDOC>
          <PGS>70165-70166</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28340</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Coast Guard</EAR>
      <HD>Coast Guard</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Special Local Regulations:</SJ>
        <SJDENT>
          <SJDOC>Annual Marine Events on the Colorado River Between Davis Dam (Bullhead City, AZ) and Headgate Dam (Parker, AZ),</SJDOC>
          <PGS>70121</PGS>
          <FRDOCBP D="0" T="23NOR1.sgm">2012-28395</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Offshore Facilities and Mobile Offshore Drilling Units Operating on the U.S. Outer Continental Shelf:</SJ>
        <SJDENT>
          <SJDOC>Onboard Lifesaving and Fire-Fighting Equipment, Training, and Drills,</SJDOC>
          <PGS>70172-70174</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28487</FRDOCBP>
        </SJDENT>
        <SJ>Waterway Suitability Assessments for Expansion of Liquefied Gas Terminals:</SJ>
        <SJDENT>
          <SJDOC>Houston and Texas City, TX,</SJDOC>
          <PGS>70174-70175</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28498</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>Industry and Security Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>International Trade Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Oceanic and Atmospheric Administration</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>70138-70139</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28343</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28346</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Defense Department</EAR>
      <HD>Defense Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Navy Department</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Arms Sales,</DOC>
          <PGS>70151-70155</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28415</FRDOCBP>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28418</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Drug</EAR>
      <HD>Drug Enforcement Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Importers of Controlled Substances; Registrations:</SJ>
        <SJDENT>
          <SJDOC>Cerilliant Corp.,</SJDOC>
          <PGS>70186-70187</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28482</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Lipomed, Inc.,</SJDOC>
          <PGS>70187</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28484</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Mylan Technologies, Inc.,</SJDOC>
          <PGS>70187-70188</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28485</FRDOCBP>
        </SJDENT>
        <SJ>Manufacturers of Controlled Substances; Applications:</SJ>
        <SJDENT>
          <SJDOC>Alltech Associates, Inc.,</SJDOC>
          <PGS>70188</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28493</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Cayman Chemical Co.,</SJDOC>
          <PGS>70188</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28486</FRDOCBP>
        </SJDENT>
        <SJ>Manufacturers of Controlled Substances; Registrations:</SJ>
        <SJDENT>
          <SJDOC>Boehringer Ingelheim Chemicals, Inc.,</SJDOC>
          <PGS>70188</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28496</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Cambrex Charles City, Inc.,</SJDOC>
          <PGS>70189-70190</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28499</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Cayman Chemical Co.,</SJDOC>
          <PGS>70189</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28500</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Energy Department</EAR>
      <HD>Energy Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Energy Regulatory Commission</P>
      </SEE>
      <CAT>
        <HD>RULES</HD>
        <SJ>Energy Conservation Program:</SJ>
        <SJDENT>
          <SJDOC>Test Procedures for Residential Dishwashers, Dehumidifiers, and Conventional Cooking Products; Correction,</SJDOC>
          <PGS>70105</PGS>
          <FRDOCBP D="0" T="23NOR1.sgm">2012-28451</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Environmental Protection</EAR>
      <HD>Environmental Protection Agency</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Approvals and Promulgations of Air Quality Implementation Plans:</SJ>
        <SJDENT>
          <SJDOC>Ohio; PBR and PTIO, Withdrawal,</SJDOC>
          <PGS>70121-70122</PGS>
          <FRDOCBP D="1" T="23NOR1.sgm">2012-28329</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Environmental Impact Statements; Availability,</DOC>
          <PGS>70160-70161</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28483</FRDOCBP>
        </DOCENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>National Environmental Education Advisory Council,</SJDOC>
          <PGS>70161</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28474</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Export Import</EAR>
      <HD>Export-Import Bank</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Applications for Final Commitment for Long-Term Loans or Financial Guarantees in Excess of $100 million,</DOC>
          <PGS>70161-70162</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28413</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Aviation</EAR>
      <HD>Federal Aviation Administration</HD>
      <CAT>
        <HD>RULES</HD>
        <SJ>Airworthiness Directives:</SJ>
        <SJDENT>
          <SJDOC>Cessna Aircraft Company Airplanes,</SJDOC>
          <PGS>70114-70116</PGS>
          <FRDOCBP D="2" T="23NOR1.sgm">2012-26500</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Deposit</EAR>
      <HD>Federal Deposit Insurance Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>FDIC Systemic Resolution Advisory Committee,</SJDOC>
          <PGS>70162</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28399</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Energy</EAR>
      <HD>Federal Energy Regulatory Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Combined Filings,</DOC>
          <PGS>70157-70159</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28401</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28404</FRDOCBP>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28405</FRDOCBP>
        </DOCENT>
        <SJ>Complaints:</SJ>
        <SJDENT>
          <SJDOC>Marble River, LLC v. Noble Clinton Windpark I, LLC, et al.,</SJDOC>
          <PGS>70159</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28406</FRDOCBP>
        </SJDENT>
        <SJ>Filings:</SJ>
        <SJDENT>
          <SJDOC>Henry W. Knueppel,</SJDOC>
          <PGS>70159</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28402</FRDOCBP>
        </SJDENT>
        <SJ>Motions Requesting Extensions of Time:</SJ>
        <SJDENT>
          <SJDOC>New York Independent System Operator, Inc.,</SJDOC>
          <PGS>70159-70160</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28400</FRDOCBP>
        </SJDENT>
        <SJ>Petitions for Declaratory Orders:</SJ>
        <SJDENT>
          <SJDOC>California Independent System Operator Corp.,</SJDOC>
          <PGS>70160</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28407</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Staff Attendances,</DOC>
          <PGS>70160</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28403</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Highway</EAR>
      <HD>Federal Highway Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>70205-70206</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28448</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28450</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Final Federal Agency Actions on Proposed Highway in California; Correction,</DOC>
          <PGS>70206</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28409</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Maritime</EAR>
      <PRTPAGE P="iv"/>
      <HD>Federal Maritime Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Ocean Transportation Intermediary License Applicants,</DOC>
          <PGS>70162-70163</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28475</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Ocean Transportation Intermediary License Revocations,</DOC>
          <PGS>70163</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28476</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Federal Reserve</EAR>
      <HD>Federal Reserve System</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Policy Statement on the Scenario Design Framework for Stress Testing,</DOC>
          <PGS>70124-70135</PGS>
          <FRDOCBP D="11" T="23NOP1.sgm">2012-28207</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Fish</EAR>
      <HD>Fish and Wildlife Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Authorization for Incidental Take and Implementation of the Stanford University Habitat Conservation Plan,</SJDOC>
          <PGS>70147-70149</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28488</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Incidental Take Permit for Mendocino Redwood Co. Habitat Conservation Plan, Mendocino County, CA,</SJDOC>
          <PGS>70145-70147</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28489</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Food and Drug</EAR>
      <HD>Food and Drug Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Docket Establishment for Provisions of the Food and Drug Administration Safety and Innovation Act Related to Medical Gases,</DOC>
          <PGS>70166-70167</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28431</FRDOCBP>
        </DOCENT>
        <SJ>Draft Guidances for Industry; Availability:</SJ>
        <SJDENT>
          <SJDOC>Vaginal Microbicides; Development for the Prevention of Human Immunodeficiency Virus Infection,</SJDOC>
          <PGS>70167-70168</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28430</FRDOCBP>
        </SJDENT>
        <SJ>Guidances for Industry and Staff:</SJ>
        <SJDENT>
          <SJDOC>Content of Investigational Device Exemption and Premarket Approval Applications for Artificial Pancreas Device Systems,</SJDOC>
          <PGS>70168-70169</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28339</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Assets</EAR>
      <HD>Foreign Assets Control Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Blocked Persons and Property:</SJ>
        <SJDENT>
          <SJDOC>Designation of Seven Entities and Amendment of Existing Specially Designated National Listing Related to Burma,</SJDOC>
          <PGS>70209-70210</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28360</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Foreign Trade</EAR>
      <HD>Foreign-Trade Zones Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Authorizations of Production Activities:</SJ>
        <SJDENT>
          <SJDOC>Whirlpool Corp., Foreign-Trade Zone 8, Toledo, OH,</SJDOC>
          <PGS>70139-70140</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28479</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Forest</EAR>
      <HD>Forest Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Okanogan-Wenatchee National Forest, Okanogan County, WA, Bannon, Aeneas, Revis, and Tunk Grazing Allotments,</SJDOC>
          <PGS>70137-70138</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28420</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Geological</EAR>
      <HD>Geological Survey</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Requests for Nominations; Extensions:</SJ>
        <SJDENT>
          <SJDOC>Advisory Committee on Climate Change and Natural Resource Science,</SJDOC>
          <PGS>70182</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28414</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health and Human</EAR>
      <HD>Health and Human Services Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Centers for Medicare &amp; Medicaid Services</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Children and Families Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Food and Drug Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Health Resources and Services Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Institutes of Health</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Recognition of Entities for the Accreditation of Qualified Health Plans,</DOC>
          <PGS>70163</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28440</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Health Resources</EAR>
      <HD>Health Resources and Services Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Advisory Commission on Childhood Vaccines,</SJDOC>
          <PGS>70169-70170</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28377</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Advisory Committee on Interdisciplinary, Community-Based Linkages,</SJDOC>
          <PGS>70169</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28378</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Homeland</EAR>
      <HD>Homeland Security Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Coast Guard</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Housing</EAR>
      <HD>Housing and Urban Development Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Application for the Transfer of Physical Assets,</SJDOC>
          <PGS>70178-70179</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28366</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Multifamily Housing Mortgage and Housing Assistance Restructuring Program (Mark to Market),</SJDOC>
          <PGS>70177-70178</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28372</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Previous Participation Certification,</SJDOC>
          <PGS>70176-70177</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28375</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Public Housing Mortgage Program and Section 30,</SJDOC>
          <PGS>70175-70176</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28364</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Requirements for Lead-Based Paint Hazards in Federally Owned Residential Properties and Housing Receiving Federal Assistance,</SJDOC>
          <PGS>70179</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28376</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Federal Property Suitable as Facilities to Assist the Homeless,</DOC>
          <PGS>70179</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28194</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>HUD Held Multifamily and Healthcare Loan Sale,</DOC>
          <PGS>70179-70181</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28502</FRDOCBP>
        </DOCENT>
        <SJ>Requests for Information:</SJ>
        <SJDENT>
          <SJDOC>Adopting Smoke-Free Policies in Public Housing Agencies and Multifamily Housing,</SJDOC>
          <PGS>70181-70182</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28519</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Industry</EAR>
      <HD>Industry and Security Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Emerging Technology and Research Advisory Committee,</SJDOC>
          <PGS>70140</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28497</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Interior</EAR>
      <HD>Interior Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Fish and Wildlife Service</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Geological Survey</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Land Management Bureau</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>National Park Service</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>Antidumping Duty Orders; Results, Extensions, Amendments, etc.:</SJ>
        <SJDENT>
          <SJDOC>Steel Concrete Reinforcing Bars from Belarus, Indonesia, Latvia, Moldova, Poland, People's Republic of China and Ukraine,</SJDOC>
          <PGS>70140-70141</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28480</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Applications for Duty-Free Entry of Scientific Instruments,</DOC>
          <PGS>70141-70142</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28523</FRDOCBP>
        </DOCENT>
        <SJ>Initialed Draft Revision to the Agreement Suspending the Antidumping Investigation:</SJ>
        <SJDENT>
          <SJDOC>Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from the Russian Federation,</SJDOC>
          <PGS>70142-70144</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28452</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>International Trade Com</EAR>
      <HD>International Trade Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Investigations:</SJ>
        <SJDENT>
          <SJDOC>Silica Bricks and Shapes from China,</SJDOC>
          <PGS>70185-70186</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28419</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Justice Department</EAR>
      <PRTPAGE P="v"/>
      <HD>Justice Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Drug Enforcement Administration</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Land</EAR>
      <HD>Land Management Bureau</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Proposed Stateline Solar Farm, San Bernardino County, CA, and Draft California Desert Conservation Area Land Use Plan Amendments,</SJDOC>
          <PGS>70182-70183</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28392</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Legal</EAR>
      <HD>Legal Services Corporation</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Meetings; Sunshine Act,</DOC>
          <PGS>70190</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28599</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Institute</EAR>
      <HD>National Institutes of Health</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Center for Scientific Review,</SJDOC>
          <PGS>70170</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28368</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Cancer Institute,</SJDOC>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28369</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28370</FRDOCBP>
          <PGS>70170-70171</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28373</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>National Institute on Alcohol Abuse and Alcoholism,</SJDOC>
          <PGS>70171-70172</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28367</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28371</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28374</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Oceanic</EAR>
      <HD>National Oceanic and Atmospheric Administration</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Authorization for Incidental Take and Implementation of the Stanford University Habitat Conservation Plan,</SJDOC>
          <PGS>70147-70149</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28488</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Incidental Take Permit for Mendocino Redwood Co. Habitat Conservation Plan, Mendocino County, CA,</SJDOC>
          <PGS>70145-70147</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28489</FRDOCBP>
        </SJDENT>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review; Cancellation,</SJDOC>
          <PGS>70149</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28389</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Mid-Atlantic Fishery Management Council,</SJDOC>
          <PGS>70149-70150</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28438</FRDOCBP>
        </SJDENT>
        <SJ>Public Workshops:</SJ>
        <SJDENT>
          <SJDOC>Fisheries of the Exclusive Economic Zone Off Alaska Recordkeeping and Reporting Requirements,</SJDOC>
          <PGS>70150-70151</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28490</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>National Park</EAR>
      <HD>National Park Service</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Boston Harbor Islands National Recreation Area Advisory Council,</SJDOC>
          <PGS>70183-70184</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28397</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Navy</EAR>
      <HD>Navy Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
        <SJDENT>
          <SJDOC>Disposal and Reuse of the Former Naval Air Station Joint Reserve Base Willow Grove, Horsham, PA,</SJDOC>
          <PGS>70155-70156</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28408</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Nuclear Regulatory</EAR>
      <HD>Nuclear Regulatory Commission</HD>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <DOCENT>
          <DOC>Retrospective Review of Existing Rules,</DOC>
          <PGS>70123-70124</PGS>
          <FRDOCBP D="1" T="23NOP1.sgm">2012-28436</FRDOCBP>
        </DOCENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>70190-70192</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28442</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28443</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28444</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Appointments to Performance Review Boards for Senior Executive Service,</DOC>
          <PGS>70192-70193</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28426</FRDOCBP>
        </DOCENT>
        <SJ>Atomic Safety and Licensing Board Reconstitutions:</SJ>
        <SJDENT>
          <SJDOC>Shaw Areva Mox Services Mixed Oxide Fuel Fabrication Facility,</SJDOC>
          <PGS>70193</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28441</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Securities</EAR>
      <HD>Securities and Exchange Commission</HD>
      <CAT>
        <HD>RULES</HD>
        <DOCENT>
          <DOC>Disclosure of Payments by Resource Extraction Issuers; Correction,</DOC>
          <PGS>70116-70117</PGS>
          <FRDOCBP D="1" T="23NOR1.sgm">2012-28455</FRDOCBP>
        </DOCENT>
        <SJ>Purchase of Certain Debt Securities:</SJ>
        <SJDENT>
          <SJDOC>Business and Industrial Development Companies Relying on an Investment Company Act Exemption,</SJDOC>
          <PGS>70117-70121</PGS>
          <FRDOCBP D="4" T="23NOR1.sgm">2012-28456</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>PROPOSED RULES</HD>
        <SJ>Capital, Margin, and Segregation Requirements:</SJ>
        <SJDENT>
          <SJDOC>Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers,</SJDOC>
          <PGS>70214-70354</PGS>
          <FRDOCBP D="140" T="23NOP2.sgm">2012-26164</FRDOCBP>
        </SJDENT>
      </CAT>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Applications and Temporary Orders:</SJ>
        <SJDENT>
          <SJDOC>Wells Fargo Bank, N.A., et al.,</SJDOC>
          <PGS>70193-70195</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28385</FRDOCBP>
        </SJDENT>
        <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
        <SJDENT>
          <SJDOC>Chicago Board Options Exchange, Inc,</SJDOC>
          <PGS>70201-70202</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28383</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>ICE Clear Credit LLC,</SJDOC>
          <PGS>70202-70203</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28384</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NASDAQ Stock Market LLC,</SJDOC>
          <PGS>70198-70200</PGS>
          <FRDOCBP D="2" T="23NON1.sgm">2012-28390</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>New York Stock Exchange LLC,</SJDOC>
          <PGS>70195-70196</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28352</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NYSE MKT LLC,</SJDOC>
          <PGS>70197-70198</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28353</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; Amendment 1,</SJDOC>
          <PGS>70203-70204</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28358</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>Rhode Island,</SJDOC>
          <PGS>70203</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28356</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>West Virginia; Amendment 1,</SJDOC>
          <PGS>70204</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28359</FRDOCBP>
        </SJDENT>
        <DOCENT>
          <DOC>Senior Executive Service Performance Review Board Members,</DOC>
          <PGS>70204</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28242</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Mining</EAR>
      <HD>Surface Mining Reclamation and Enforcement Office</HD>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>70184-70185</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28410</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28411</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Surface Transportation</EAR>
      <HD>Surface Transportation Board</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Acquisition and Operation Exemptions:</SJ>
        <SJDENT>
          <SJDOC>Eastside Community Rail, LLC from GNP RLY, Inc.,</SJDOC>
          <PGS>70206-70207</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28391</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Susquehanna</EAR>
      <HD>Susquehanna River Basin Commission</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Meetings:</SJ>
        <SJDENT>
          <SJDOC>Susquehanna River Basin Commission,</SJDOC>
          <PGS>70204-70205</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28355</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Transportation Department</EAR>
      <HD>Transportation Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Aviation Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Federal Highway Administration</P>
      </SEE>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Surface Transportation Board</P>
      </SEE>
    </AGCY>
    <AGCY>
      <EAR>Treasury</EAR>
      <HD>Treasury Department</HD>
      <SEE>
        <HD SOURCE="HED">See</HD>
        <P>Foreign Assets Control Office</P>
      </SEE>
      <CAT>
        <HD>NOTICES</HD>
        <DOCENT>
          <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals,</DOC>
          <PGS>70207-70208</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28388</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28423</FRDOCBP>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28429</FRDOCBP>
        </DOCENT>
        <DOCENT>
          <DOC>Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits,</DOC>
          <PGS>70208-70209</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28398</FRDOCBP>
        </DOCENT>
      </CAT>
    </AGCY>
    <AGCY>
      <EAR>Veteran Affairs</EAR>
      <HD>Veterans Affairs Department</HD>
      <CAT>
        <HD>NOTICES</HD>
        <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
        <SJDENT>
          <SJDOC>Call Center Satisfaction Survey,</SJDOC>
          <PGS>70211</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28447</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>NCA Emerging Burial Survey Needs,</SJDOC>
          <PGS>70211-70212</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28453</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>VA MATIC Enrollment/Change,</SJDOC>
          <PGS>70212</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28454</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <SJDOC>VA Subcontracting Report for Service Disabled Veteran-Owned Small Business and Veteran-Owned Small Business Concerns,</SJDOC>
          <PGS>70210-70211</PGS>
          <FRDOCBP D="1" T="23NON1.sgm">2012-28446</FRDOCBP>
        </SJDENT>
        <SJDENT>
          <PRTPAGE P="vi"/>
          <SJDOC>Veteran's Application for Compensation and/or Pension,</SJDOC>
          <PGS>70210</PGS>
          <FRDOCBP D="0" T="23NON1.sgm">2012-28445</FRDOCBP>
        </SJDENT>
      </CAT>
    </AGCY>
    <PTS>
      <HD SOURCE="HED">Separate Parts In This Issue</HD>
      <HD>Part II</HD>
      <DOCENT>
        <DOC>Securities and Exchange Commission,</DOC>
        <PGS>70214-70354</PGS>
        <FRDOCBP D="140" T="23NOP2.sgm">2012-26164</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>226</NO>
  <DATE>Friday, November 23, 2012</DATE>
  <UNITNAME>Rules and Regulations</UNITNAME>
  <RULES>
    <RULE>
      <PREAMB>
        <PRTPAGE P="70105"/>
        <AGENCY TYPE="F">DEPARTMENT OF ENERGY</AGENCY>
        <CFR>10 CFR Parts 429 and 430</CFR>
        <DEPDOC>[Docket No. EERE-2010-BT-TP-0039]</DEPDOC>
        <RIN>RIN 1904-AC01</RIN>
        <SUBJECT>Energy Conservation Program: Test Procedures for Residential Dishwashers, Dehumidifiers, and Conventional Cooking Products; Correction.</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Energy Efficiency and Renewable Energy, Department of Energy.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Department of Energy is correcting a final rule that appeared in the<E T="04">Federal Register</E>of October 31, 2012. The rule established new test procedures for residential dishwashers and dehumidifiers, and amended the currently applicable test procedure for conventional cooking products under the Energy Policy and Conservation Act.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The effective date of this rule is December 17, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          

          <FP SOURCE="FP-1">Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email:<E T="03">Ashley.Armstrong@ee.doe.gov.</E>
          </FP>

          <FP SOURCE="FP-1">Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7796. Email:<E T="03">Elizabeth.Kohl@hq.doe.gov.</E>
          </FP>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Procedural Issues and Regulatory Review</HD>
        <P>The regulatory reviews conducted for this rulemaking are those set forth in the October 31, 2012 final rule. (77 FR 65941)</P>
        <P>Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE has determined that notice and prior opportunity for comment on this rule are unnecessary and contrary to the public interest. The instruction is being revised to delete reference to adding section 3.1.3.3 because there is no accompanying text for such a section; the insertion was made in error. DOE has determined that there is good cause to waive the 30-day delay in effective date for these same reasons.</P>
        <HD SOURCE="HD1">Correction</HD>
        <REGTEXT PART="430" TITLE="10">

          <AMDPAR>In FR Doc. 2012-25645, appearing on page 65941 in the<E T="04">Federal Register</E>of Wednesday, October 31, 2012, the following correction is made:</AMDPAR>
          <HD SOURCE="HD1">Appendix I to Subpart B of Part 430 [Corrected]</HD>
          <AMDPAR>On page 65987, in the second column, the language of amendatory instruction 11.d.4, “Adding sections 3.1.3, 3.1.3.1, 3.1.3.2, and 3.1.3.3;” is corrected to read as follows: “Adding sections 3.1.3, 3.1.3.1, and 3.1.3.2;”</AMDPAR>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Washington, DC, on November 16, 2012.</DATED>
          <NAME>Kathleen B. Hogan,</NAME>
          <TITLE>Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28451 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6450-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">BUREAU OF CONSUMER FINANCIAL PROTECTION</AGENCY>
        <CFR>12 CFR Part 1026</CFR>
        <DEPDOC>[Docket No. CFPB-2012-0045]</DEPDOC>
        <RIN>RIN 3170-AA32</RIN>
        <SUBJECT>Delayed Implementation of Certain New Mortgage Disclosures</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Consumer Financial Protection.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; official interpretation.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Bureau of Consumer Financial Protection (Bureau) is amending Regulation Z (Truth in Lending) to, in effect, delay implementation of certain new mortgage disclosure requirements in title XIV of the Dodd-Frank Wall Street Reform and Consumer Protection Act that would otherwise take effect on January 21, 2013. Instead, to avoid potential consumer confusion and reduce compliance burden for industry, the Bureau plans to implement these disclosures as part of the integrated mortgage disclosure forms proposed earlier this year, which combine certain disclosures that consumers receive in connection with applying for and closing on a mortgage loan under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Accordingly, this rulemaking exempts persons from complying with these mortgage disclosure requirements and provides that such exemptions are intended to last only until the integrated mortgage disclosure forms take effect.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The rule is effective on November 23, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Michael G. Silver, Counsel; and Richard B. Horn, Senior Counsel, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552 at (202) 435-7700.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Overview</HD>
        <HD SOURCE="HD2">A. Dodd-Frank Act</HD>
        <P>The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Public Law 111-203, amended the Real Estate Settlement Procedures Act of 1974 (RESPA) and the Truth in Lending Act (TILA) to mandate that the Bureau of Consumer Financial Protection (Bureau) establish a single disclosure scheme for use by lenders or creditors in complying with certain mortgage disclosure requirements under both statutes.<SU>1</SU>

          <FTREF/>Sections 1098 and 1100A of the Dodd-Frank Act amended RESPA section 4(a) and TILA section 105(b), respectively, to require that the Bureau publish a single, integrated disclosure for mortgage loan transactions (including real estate settlement cost statements) which includes the disclosure requirements of TILA and sections 4 and 5 of RESPA that, taken<PRTPAGE P="70106"/>together, may apply to a transaction that is subject to both or either provisions of law. 12 U.S.C. 2603(a); 15 U.S.C. 1604(b). Section 1032(f) of the Dodd-Frank Act mandated that the Bureau propose for public comment rules and model disclosures that integrate the TILA and RESPA disclosures by July 21, 2012. 12 U.S.C. 5532(f). As noted below, the Bureau satisfied this statutory mandate and issued proposed rules and forms on July 9, 2012.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>RESPA and TILA historically have been implemented by regulations of the Department of Housing and Urban Development (HUD) under Regulation X and the Board of Governors of the Federal Reserve System (the Board) under Regulation Z, respectively. The Dodd-Frank Act generally consolidated and transferred these rulemaking authorities to the Bureau.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See</E>the Bureau's press release<E T="03">Consumer Financial Protection Bureau proposes “Know Before You Owe” mortgage forms</E>(July 9, 2012), available at<E T="03">http://www.consumerfinance.gov/pressreleases/consumer-financial-protection-bureau-proposes-know-before-you-owe-mortgage-forms/;</E>the Bureau's blog post<E T="03">Know Before You Owe: Introducing our proposed mortgage disclosure forms</E>(July 9, 2012), available at<E T="03">http://www.consumerfinance.gov/blog/know-before-you-owe-introducing-our-proposed-mortgage-disclosure-forms/.</E>
          </P>
        </FTNT>

        <P>In addition to the integrated disclosure requirements in title X of the Dodd-Frank Act, various provisions of title XIV of the Dodd-Frank Act amend TILA, RESPA, and other consumer financial laws to impose new disclosure requirements for mortgage transactions (the Title XIV Disclosures). These provisions generally require disclosure of certain information when a consumer applies for a mortgage loan or shortly before consummation of the loan, around the same time that consumers will receive the TILA-RESPA integrated disclosures required by sections 1032(f), 1098, and 1100A of the Dodd-Frank Act (the TILA-RESPA integrated disclosures), and after consummation of the loan if certain events occur. Dodd-Frank Act title XIV provisions generally take effect within 18 months after the designated transfer date (<E T="03">i.e.,</E>by January 21, 2013) unless final rules implementing those requirements are issued on or before that date and provide for a different effective date pursuant to Dodd-Frank Act section 1400(c)(3).<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>Dodd-Frank Act section 1400(c)(3) is codified at 15 U.S.C. 1601 note.</P>
        </FTNT>
        <P>The Title XIV Disclosures generally include the following:</P>
        <P>• Warning regarding negative amortization features. Dodd-Frank Act section 1414(a); TILA section 129C(f)(1).<SU>4</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>4</SU>Dodd-Frank Act section 1414(a) also added to TILA new section 129C(f)(2), which requires first-time borrowers for certain residential mortgage loans that could result in negative amortization to provide the creditor with documentation to demonstrate that the consumer received homeownership counseling from organizations or counselors certified as competent to provide such counseling by HUD. That provision is implemented in the Bureau's proposal to implement Dodd-Frank Act requirements expanding protections for “high-cost” mortgage loans under the Home Ownership and Equity Protection Act of 1994 (HOEPA), pursuant to TILA sections 103(bb) and 129, as amended by Dodd-Frank Act sections 1431 through 1433 (the 2012 HOEPA Proposal). 77 FR 49090 (Aug. 15, 2012). The 2012 HOEPA Proposal also implements the requirement of RESPA section 5(c), added by section 1450 of the Dodd-Frank Act, that lenders provide borrowers with a list of certified homeownership counselors. The Bureau expects to issue a final rule related to the 2012 HOEPA Proposal on or before January 21, 2013.</P>
        </FTNT>
        <P>• Disclosure of State law anti-deficiency protections. Dodd-Frank Act section 1414(c); TILA section 129C(g)(2) and (3).</P>
        <P>• Disclosure regarding creditor's partial payment policy prior to consummation and, for new creditors, after consummation. Dodd-Frank Act section 1414(d); TILA section 129C(h).</P>
        <P>• Disclosure regarding mandatory escrow or impound accounts. Dodd-Frank Act section 1461(a); TILA section 129D(h).</P>
        <P>• Disclosure prior to consummation regarding waiver of escrow in connection with the transaction. Dodd-Frank Act section 1462; TILA section 129D(j)(1)(A).</P>
        <P>• Disclosure regarding cancellation of escrow after consummation. Dodd-Frank Act section 1462; TILA section 129D(j)(1)(B).</P>
        <P>• Disclosure of monthly payment, including escrow, at initial and fully-indexed rate for variable-rate residential mortgage loan transactions. Dodd-Frank Act section 1419; TILA section 128(a)(16).</P>
        <P>• Repayment analysis disclosure to include amount of escrow payments for taxes and insurance. Dodd-Frank Act section 1465; TILA 128(b)(4).</P>
        <P>• Disclosure of aggregate amount of settlement charges, amount of charges included in the loan and the amount of such charges the borrower must pay at closing, the approximate amount of the wholesale rate of funds, and the aggregate amount of other fees or required payments in connection with a residential mortgage loan. Dodd-Frank Act section 1419; TILA section 128(a)(17).</P>
        <P>• Disclosure of aggregate amount of mortgage originator fees and the amount of fees paid by the consumer and the creditor. Dodd-Frank Act section 1419; TILA section 128(a)(18).</P>
        <P>• Disclosure of total interest as a percentage of principal. Dodd-Frank Act section 1419; TILA section 128(a)(19).</P>
        <P>• Optional disclosure of appraisal management company fees. Dodd-Frank Act section 1475; RESPA section 4(c).</P>
        <P>• Disclosure regarding notice of reset of hybrid adjustable rate mortgage. Dodd-Frank Act section 1418(a); TILA section 128A(b).</P>
        <P>• Loan originator identifier requirement. Dodd-Frank section 1402(a)(2); TILA section 129B(b)(1)(B).</P>
        <P>• Consumer notification regarding appraisals for higher-risk mortgages. Dodd-Frank Act section 1471; TILA section 129H(d).</P>
        <P>• Consumer notification regarding the right to receive an appraisal copy. Dodd-Frank Act section 1474; Equal Credit Opportunity Act (ECOA) section 701(e)(5).</P>
        <P>As noted in the list above, the Title XIV Disclosures include certain disclosures that may need to be given both before and after consummation. For example, the Title XIV Disclosures include disclosures regarding a creditor's policy for acceptance of partial loan payments both before consummation and, for persons who subsequently become creditors for the transaction, after consummation as required by new TILA section 129C(h), added by Dodd-Frank Act section 1414(d).<SU>5</SU>

          <FTREF/>In addition, the Title XIV Disclosures include disclosures for consumers who waive or cancel escrow services both before and after consummation, added by Dodd-Frank Act section 1462. Specifically, new TILA section 129D(j)(1)(A) requires a creditor or servicer to provide a disclosure with the information set forth under TILA section 129D(j)(2) when an impound, trust, or other type of account for the payment of property taxes, insurance premiums, or other purposes relating to real property securing a consumer credit transaction is not established in connection with the transaction (the Pre-Consummation Escrow Waiver Disclosure). New TILA section 129D(j)(1)(B) requires a creditor or servicer to provide disclosures post-consummation with the information set forth under TILA section 129D(j)(2) when a consumer chooses, and provides written notice of the choice, to close his or her escrow account established in connection with a consumer credit transaction secured by real property in accordance with any statute, regulation, or contractual agreement (the Post-Consummation Escrow Cancellation Disclosure). 15 U.S.C. 1639d(j)(1)(A),<PRTPAGE P="70107"/>1639d(j)(1)(B). The statute sets forth an identical set of information for both of these disclosures.<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>5</SU>As it stated in the TILA-RESPA Integration Proposal, the Bureau believes that to give effect to the legislative purpose of section 1414(d) of the Dodd-Frank Act, the disclosure requirements of TILA section 129C(h) should apply without regard to whether the person would be a “creditor” under TILA and Regulation Z.<E T="03">See</E>77 FR 51116, 51265. For these reasons, in the TILA-RESPA Integration Proposal, the Bureau proposed to retain the term “covered person” under § 1026.39(a)(1) and its definition, which would subject such covered persons to the proposed disclosure requirements.<E T="03">Id.</E>As in the TILA-RESPA Integration Proposal, in this final rule the Bureau is temporarily exempting “persons” (as defined in Regulation Z) rather than “creditors” from compliance with the provisions of TILA section 129C(h), which includes covered persons.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>The information set forth under TILA section 129D(j)(2) includes information concerning any applicable fees or costs associated with either the non-establishment of the escrow account at the time of the transaction, or any subsequent closure of the account; a clear and prominent statement that the consumer is responsible for personally and directly paying the non-escrowed items, in addition to paying the mortgage loan payment, in the absence of any such account, and the fact that the costs for taxes, insurance, and related fees can be substantial; a clear explanation of the consequences of any failure to pay non-escrowed items, including the possible requirement for the forced placement of insurance by the creditor or servicers and the potentially higher cost (including any potential commission payments to the servicer) or reduced coverage for the consumer in the event of any such creditor-placed insurance; and other information the Bureau determines is necessary for consumer protection. 15 U.S.C. 1639d(j)(2).</P>
        </FTNT>
        <HD SOURCE="HD2">B. TILA-RESPA Integration Proposal</HD>
        <P>On July 9, 2012, the Bureau issued a proposal requesting comment on proposed rules and forms to integrate certain disclosure requirements of TILA and RESPA for most closed-end consumer credit transactions secured by real property (the TILA-RESPA Integration Proposal), as required by sections 1032(f), 1098, and 1100A of the Dodd-Frank Act.<SU>7</SU>

          <FTREF/>The proposed rule would amend the Bureau's Regulation X, 12 CFR part 1024, and Regulation Z, 12 CFR part 1026. The proposal was published in the<E T="04">Federal Register</E>on August 23, 2012. 77 FR 51116 (Aug. 23, 2012).</P>
        <FTNT>
          <P>
            <SU>7</SU>
            <E T="03">See</E>the Bureau's press release<E T="03">Consumer Financial Protection Bureau proposes “Know Before You Owe” mortgage forms</E>(July 9, 2012), available at<E T="03">http://www.consumerfinance.gov/pressreleases/consumer-financial-protection-bureau-proposes-know-before-you-owe-mortgage-forms/;</E>the Bureau's blog post<E T="03">Know Before You Owe: Introducing our proposed mortgage disclosure forms</E>(July 9, 2012), available at<E T="03">http://www.consumerfinance.gov/blog/know-before-you-owe-introducing-our-proposed-mortgage-disclosure-forms/.</E>
          </P>
        </FTNT>
        <P>Among other things, the TILA-RESPA Integration Proposal requested comment on an amendment to § 1026.1(c) of Regulation Z that would temporarily exempt persons from compliance with the following Title XIV Disclosures (collectively, the Affected Title XIV Disclosures) so that the disclosures could instead be incorporated into the TILA-RESPA integrated disclosures that would be finalized in the future:</P>
        <P>• Warning regarding negative amortization features. Dodd-Frank Act section 1414(a); TILA section 129C(f)(1).</P>
        <P>• Disclosure of State law anti-deficiency protections. Dodd-Frank Act section 1414(c); TILA section 129C(g)(2) and (3).</P>
        <P>• Disclosure regarding creditor's partial payment policy prior to consummation and, for new creditors, after consummation. Dodd-Frank Act section 1414(d); TILA section 129C(h).</P>
        <P>• Disclosure regarding mandatory escrow or impound accounts. Dodd-Frank Act section 1461(a); TILA section 129D(h).</P>
        <P>• Disclosure prior to consummation regarding waiver of escrow in connection with the transaction. Dodd-Frank Act section 1462; TILA section 129D(j)(1)(A).</P>
        <P>• Disclosure of monthly payment, including escrow, at initial and fully-indexed rate for variable-rate residential mortgage loan transactions. Dodd-Frank Act section 1419; TILA section 128(a)(16).</P>
        <P>• Repayment analysis disclosure to include amount of escrow payments for taxes and insurance. Dodd-Frank Act section 1465; TILA 128(b)(4).</P>
        <P>• Disclosure of aggregate amount of settlement charges, amount of charges included in the loan and the amount of such charges the borrower must pay at closing, the approximate amount of the wholesale rate of funds, and the aggregate amount of other fees or required payments in connection with a residential mortgage loan. Dodd-Frank Act section 1419; TILA section 128(a)(17).</P>
        <P>• Disclosure of aggregate amount of mortgage originator fees and the amount of fees paid by the consumer and the creditor. Dodd-Frank Act section 1419; TILA section 128(a)(18).</P>
        <P>• Disclosure of total interest as a percentage of principal. Dodd-Frank Act section 1419; TILA section 128(a)(19).</P>
        <P>• Optional disclosure of appraisal management company fees. Dodd-Frank Act section 1475; RESPA section 4(c).</P>
        <P>The TILA-RESPA Integration Proposal provided for a bifurcated comment process. Comments regarding the proposed amendments to § 1026.1(c) were required to have been received on or before September 7, 2012. For all other proposed amendments and comments pursuant to the Paperwork Reduction Act, comments were required to have been received on or before November 6, 2012.<SU>8</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>8</SU>In its initial<E T="04">Federal Register</E>notice, the Bureau also applied the September 7, 2012 deadline to comments on the proposed amendments to the definition of finance charge in § 1026.4. On August 31, 2012, however, the Bureau issued a notice extending the deadline for such comments to November 6, 2012.<E T="03">See</E>the Bureau's blog post,<E T="03">More time for comments on proposed changes to the definition of the finance charge</E>(August 31, 2012), available at<E T="03">http://www.consumerfinance.gov/blog/more-time-for-comments-on-proposed-changes-to-the-definition-of-the-finance-charge/.</E>The extension was published in the<E T="04">Federal Register</E>on September 6, 2012.<E T="03">See</E>77 FR 54843 (Sept. 6, 2012). It did not change the comment period for any other aspects of the TILA-RESPA Integration Proposal, which, as noted above, ended November 6, 2012.</P>
        </FTNT>
        <HD SOURCE="HD2">C. 2011 Escrows Proposal</HD>
        <P>Sections 1461 and 1462 of the Dodd-Frank Act create new TILA section 129D, which substantially codifies requirements that the Board had previously adopted in Regulation Z regarding escrow requirements for higher-priced mortgage loans, but also adds disclosure requirements and lengthens the period for which escrow accounts are required. 15 U.S.C. 1639d. On March 2, 2011, the Board proposed amendments to Regulation Z implementing certain requirements of sections 1461 and 1462 of the Dodd-Frank Act. 76 FR 11598 (Mar. 2, 2011) (2011 Escrows Proposal). The Board proposed, among other things, to implement the disclosure requirements under TILA section 129D(j)(1) in Regulation Z under a new § 226.19(f)(2)(ii) and § 226.20(d) of the Board's Regulation Z, including both the Pre-Consummation Escrow Waiver Disclosure and the Post-Consummation Escrow Cancellation Disclosure.</P>
        <P>The comment period for the 2011 Escrows Proposal closed on May 2, 2011. The Board did not finalize the 2011 Escrows Proposal. Subsequent to the issuance of the 2011 Escrows Proposal, the authority for finalizing the proposal was transferred to the Bureau pursuant to the Dodd-Frank Act.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>9</SU>Effective July 21, 2011, the Dodd-Frank Act generally transferred rulemaking authority for TILA to the Bureau (except for certain rulemaking authority over motor vehicle dealers that remains with the Board).<E T="03">See</E>sections 1061 and 1100A of the Dodd-Frank Act.</P>
        </FTNT>
        <HD SOURCE="HD1">II. Summary of Proposed Rule and Comments</HD>
        <HD SOURCE="HD2">A. Affected Title XIV Disclosures</HD>
        <P>As described above, the Affected Title XIV Disclosures impose certain new disclosure requirements for mortgage transactions. Section 1400(c)(3) of the Dodd-Frank Act<SU>10</SU>

          <FTREF/>provides that, if regulations implementing the Affected Title XIV Disclosures are not issued on the date that is 18 months after the designated transfer date (<E T="03">i.e.,</E>by January 21, 2013), the statutory requirements will take effect on that date.</P>
        <FTNT>
          <P>
            <SU>10</SU>Codified at 15 U.S.C. 1601 note.</P>
        </FTNT>

        <P>The Bureau provided in the TILA-RESPA Integration Proposal that it believed that implementing integrated disclosures that satisfy the applicable sections of TILA and RESPA and the Affected Title XIV Disclosures would benefit consumers and facilitate compliance for industry with TILA and RESPA. The Bureau provided further that consumers would benefit from a consolidated disclosure that conveys loan terms and costs to consumers in a<PRTPAGE P="70108"/>coordinated way, and industry would benefit by integrating two sets of overlapping disclosures into a single form and by avoiding regulatory burden associated with revising systems and practices multiple times. 77 FR 51116, 51133.</P>
        <P>However, given the broad scope and complexity of TILA-RESPA Integration Proposal and the 120-day comment period provided, the Bureau stated that it believed a final rule would not be issued by January 21, 2013. The Bureau was concerned that absent a final rule implementing the Affected Title XIV Disclosures, institutions would have to comply with those disclosures beginning January 21, 2013 due to the statutory requirement that any section of Dodd-Frank Act title XIV for which regulations have not been issued by January 21, 2013 are self-effectuating as of that date. The Bureau stated that this likely would result in widely varying approaches to compliance in the absence of regulatory guidance, creating confusion for consumers, and would impose a significant burden on industry. For example, this could result in a consumer who shops for a mortgage loan receiving different disclosures from different creditors. The Bureau noted that it believed such disclosures would not only be unhelpful to consumers, but likely would be confusing since the same disclosures would be provided in widely different ways, and, moreover, implementing the Affected Title XIV Disclosures separately from the TILA-RESPA integrated disclosures would increase compliance costs and burdens on industry. The Bureau also noted in the TILA-RESPA Integration Proposal that nothing in the Dodd-Frank Act itself or its legislative history suggests that Congress contemplated how the separate requirements in titles X and XIV would work together.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>As the Bureau stated in the TILA-RESPA Integration Proposal, certain of the Affected Title XIV Disclosures indicate that Congress did not intend for those disclosure requirements and the TILA-RESPA integrated disclosures to operate independently. For example, Dodd-Frank Act section 1419 amended paragraphs (a)(16) through (19) of TILA section 128 to require additional content on the disclosure provided to consumers within three days of application and in final form at or before consummation. 15 U.S.C. 1638(a)(16) through (19). Pursuant to TILA section 128(b)(1), for residential mortgage transactions, all disclosures required by TILA section 128(a) must be “conspicuously segregated” from all other information provided in connection with the transaction. 15 U.S.C. 1638(b)(1). Therefore, the Bureau stated that these sections are directly implicated by the integrated TILA-RESPA requirement. 77 FR 51116, 51133.</P>
        </FTNT>
        <P>Accordingly, in the TILA-RESPA Integration Proposal, the Bureau proposed to implement the Affected Title XIV Disclosures for purposes of Dodd-Frank Act section 1400(c) by providing a temporary exemption from the requirement to comply with such requirements such that they would not become self-effective on January 21, 2013, and instead would be required at the time the TILA-RESPA integrated disclosure requirements become effective.<SU>12</SU>
          <FTREF/>The Bureau proposed such temporary exemption pursuant to its authority under TILA sections 105(a) and 105(f), RESPA section 19(a), Dodd-Frank Act section 1032(a) and, for residential mortgage loans, Dodd-Frank Act section 1405(b). The Bureau explained that fully implementing the Affected Title XIV Disclosures as part of the broader integrated TILA-RESPA rulemaking, rather than issuing rules implementing each requirement individually or allowing those statutory provisions to take effect by operation of law, will improve the overall effectiveness of the integrated disclosures for consumers and reduce burden on industry.</P>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <P>Specifically, as set forth in the section-by-section analysis to proposed § 1026.1(c) in the TILA-RESPA Integration Proposal, the Bureau proposed to delay those requirements by temporarily exempting persons from the requirement to comply on January 21, 2013.<SU>13</SU>
          <FTREF/>The Bureau stated in the TILA-RESPA Integration Proposal that it would remove this regulatory exemption in the final rule implementing the TILA-RESPA integrated disclosures. The proposed exemption would be, in effect, a delay of the effective date of the Affected Title XIV Disclosures.</P>
        <FTNT>
          <P>
            <SU>13</SU>77 FR 51116, 51134.</P>
        </FTNT>
        <HD SOURCE="HD2">B. Other Title XIV Disclosures</HD>
        <P>The Bureau proposed to exclude the following Title XIV Disclosures from the list of Affected Title XIV Disclosures in the TILA-RESPA Integration Proposal, stating they would be implemented in separate rulemakings:</P>
        <P>• Disclosure regarding notice of reset of hybrid adjustable rate mortgage. Dodd-Frank Act section 1418(a); TILA section 128A(b).</P>
        <P>• Loan originator identifier requirement. Dodd-Frank section 1402(a)(2); TILA section 129B(b)(1)(B).</P>
        <P>• Consumer notification regarding appraisals for higher-risk mortgages. Dodd-Frank Act section 1471; TILA section 129H(d).</P>
        <P>• Consumer notification regarding the right to receive an appraisal copy. Dodd-Frank Act section 1474; ECOA section 701(e)(5).</P>
        <P>• Post-Consummation Escrow Cancellation Disclosure. Dodd-Frank Act section 1462; TILA section 129D(j)(1)(B).</P>
        <P>The Bureau stated generally that these disclosures were expected to be proposed separately in summer 2012 and finalized by January 21, 2013. However, the Post-Consummation Escrow Cancellation Disclosure was excluded from the list of Affected Title XIV Disclosures, in part, because the Bureau stated it “will be implemented by final rule pursuant to an outstanding proposal published by the Board,” referring to the Board's 2011 Escrows Proposal.<SU>14</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>14</SU>77 FR 51116, 51134.</P>
        </FTNT>
        <P>The Bureau proposed to delay the Affected Title XIV Disclosures to the fullest extent those requirements could apply under the statutory provisions, including to transactions not covered by the proposed integrated disclosure provisions, including open-end credit plans, transactions secured by dwellings that are not real property, and reverse mortgages. The Bureau specifically solicited comment on this scope of the exemption of the Affected Title XIV Disclosures. The Bureau also solicited comment on whether the regulatory exemption should sunset on a specific date, rather than provide an exemption until a final rule for the integrated disclosures becomes effective.</P>
        <HD SOURCE="HD2">C. Comments on the Proposed Amendments to Section 1026.1(c)</HD>

        <P>As of September 7, 2012, the Bureau had received nearly 500 comments on the TILA-RESPA Integration Proposal from depository institutions, credit unions, settlement agents, mortgage brokers, mortgage brokerage companies, industry trade groups, consumers, consumer advocacy organizations, a State attorney general, Government-Sponsored Enterprises (GSEs), and other sources. More than 20 of these comments specifically addressed the Bureau's proposed delay of the Affected Title XIV Disclosures, and those commenters were unanimously supportive of a temporary exemption from the Affected Title XIV Disclosures until the TILA-RESPA integrated disclosure rulemaking is finalized. Several industry commenters and their trade groups stated that this approach would result in disclosures that are more useful for consumers and would facilitate compliance for financial institutions by delaying compliance until a comprehensive implementation of all such rules could be accomplished. A State attorney general commented in support of this delayed implementation<PRTPAGE P="70109"/>of the Affected Title XIV Disclosures, stating that it would allow business entities the time to make extensive changes to their software and retrain staff in order to comply with the new integrated disclosure requirements.</P>
        <P>A number of commenters urged the Bureau to delay implementation of other Title XIV Disclosures or otherwise addressed the Title XIV Disclosures more generally. One mortgage company expressly urged the Bureau to delay implementation of the other Title XIV Disclosures (which include the Post-Consummation Escrow Cancellation Disclosure) in addition to the Affected Title XIV Disclosures. A national trade association for credit unions encouraged the Bureau to use its exemption authority under the Dodd-Frank Act, TILA, and RESPA to the fullest extent permissible to relieve regulatory burdens for credit unions. Several state-level trade associations for credit unions urged the Bureau to finalize all Regulation Z rulemakings at the same time. A GSE noted the benefits of implementing rules in a manner that would necessitate only a one-time change for software and other systems. One trade association supported the proposal to delay implementation of the Affected Title XIV Disclosures and urged the Bureau to clarify in the final rule its reasoning for exercising its exemption authority under section 1032(a) of the Dodd-Frank Act to specifically incorporate the considerations in section 1032(c) of the Dodd-Frank Act. Two trade associations commented that the Bureau should make clear that proposed § 1026.1(c) is a rule in “final form” pursuant to section 1400(c)(1) of the Dodd-Frank Act and that such a rule prevents the triggering of section 1400(c)(3) of the Dodd-Frank Act.</P>
        <P>Several industry trade associations were opposed to a sunset of the regulatory exemption on a specific date and instead, were in favor of the exemption existing until the TILA-RESPA integrated disclosures final rule becomes effective. These industry trade group commenters were concerned that a specific sunset date may precede the effective date for the TILA-RESPA integration final rule. Removing the exemption at the same time as implementing the TILA-RESPA integrated disclosures would, in their view, reduce unnecessary disruption and provide regulatory certainty.</P>
        <P>In addition, the Bureau did not receive any comments in favor of limiting the scope of the temporary exemptions, such that the disclosure requirements would become self-effective for the types of loans that are not subject to the TILA-RESPA integrated disclosure requirements in the TILA-RESPA Integration Proposal. One national trade association representing the reverse mortgage industry commented in support of exemptions from the Affected Title XIV Disclosures for reverse mortgage loans. A national trade association representing banks and bank holding companies that provide retail financial services commented that the exemption should also apply to the fullest extent under the statute, and not be limited to the loans subject the TILA-RESPA integrated disclosure requirements as proposed. The trade association specifically stated that many banks use similar systems for home equity lines of credit, reverse mortgages, and loans secured by dwellings that are not real property and noted that including them in the exemption would allow banks to implement the disclosure requirements in a coordinated manner. A trade association representing financial institutions in a particular State also commented in favor of the full scope of the temporary exemption.</P>
        <HD SOURCE="HD2">D. Board's 2011 Escrows Proposal for the Post-Consummation Escrow Cancellation Disclosure</HD>
        <P>The 2011 Escrows Proposal proposed to implement the Pre-Consummation Escrow Waiver Disclosure required under TILA section 129D(j)(1)(A) and the Post-Consummation Escrow Cancellation Disclosure required under TILA section 129D(j)(1)(B).<SU>15</SU>
          <FTREF/>The content requirements set forth in TILA section 129D(j)(2) are the same for the Pre-Consummation Escrow Waiver Disclosure and the Post-Consummation Escrow Cancellation Disclosure. The 2011 Escrows Proposal proposed model forms for both disclosures. Under the 2011 Escrows Proposal, the disclosures would be required to be delivered at least three business days before consummation or cancellation of the existing escrow account after consummation, as applicable. The proposed disclosures would explain what an escrow account is; how it works; and the risk of not having an escrow account. It also would state the potential consequences of failing to pay home-related costs such as taxes and insurance in the absence of an escrow account. In addition, it would state why there will be no escrow account or why it is being cancelled, as applicable; the amount of any fee imposed for not having an escrow account; and how the consumer can request that an escrow account be established or left in place, along with any deadline for such requests.<SU>16</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>15</SU>76 FR 11598.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>16</SU>76 FR 11598, 11599.</P>
        </FTNT>
        <P>The Board received approximately 70 comments to the 2011 Escrows Proposal, of which roughly a dozen addressed the timing of the implementation of the Post-Consummation Escrow Cancellation Disclosure. Specifically, national industry trade associations, State industry trade associations, large depository institutions, and community banks urged the Board to delay implementation of the Dodd-Frank Act escrow disclosure requirements until the Bureau had authority over the disclosures or until the Bureau could finalize the escrow disclosure requirements along with the TILA-RESPA integrated disclosures. These commenters stated that harmonizing the rulemakings would allow for a comprehensive approach and avoid duplicative forms and repetitive rulemakings. One industry trade association commented that it would be “premature” and “potentially counterproductive” to issue new escrow rules prior to the completion of the TILA-RESPA integrated disclosures, and therefore recommended that the Board delay finalizing the escrow rules to allow the Bureau to incorporate the Dodd-Frank Act's escrow amendments into the TILA-RESPA integrated disclosures.</P>
        <P>As noted above, the Bureau proposed, as part of the TILA-RESPA Integration Proposal, to provide a temporary exemption from compliance with the TILA section 129D(j)(1)(A), which requires the Pre-Consummation Escrow Waiver Disclosure. The Bureau did not propose to effectively delay the Post-Consummation Escrow Cancellation Disclosure in the TILA-RESPA Integration Proposal, and instead stated it would implement the statute, TILA section 129D(j)(1)(B), by final rule pursuant to the Board's 2011 Escrows Proposal. Absent the Bureau's issuance of a final rule implementing TILA section 129D(j)(1)(B) by January 21, 2013, the provision would go into effect as of such date by operation of law under the Dodd-Frank Act section 1400(c)(3).<SU>17</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>17</SU>As described under part IV below, the Bureau considers an exemption from the disclosure requirement under TILA section 129D(j)(1)(B), such as that proposed in the TILA-RESPA Integration Proposal for the Affected Title XIV Disclosures, to be the issuance of a regulation implementing that provision for purposes of Dodd-Frank Act section 1400(c)(3).</P>
        </FTNT>
        <PRTPAGE P="70110"/>
        <HD SOURCE="HD1">III. Summary of the Final Rule</HD>
        <P>The final rule implements the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure in § 1026.1(c) of Regulation Z and provides for a temporary exemption for persons from these statutory disclosure requirements. The Bureau is issuing this final rule implementing the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure prior to the statutory provisions becoming self-effectuating on January 21, 2013. Accordingly, persons will not be required to comply with these statutory disclosure requirements until such time as the Bureau removes the exemption, which it plans to do in the final rule for the TILA-RESPA integrated disclosures, and such removal takes effect.</P>
        <HD SOURCE="HD1">IV. Legal Authority</HD>
        <P>The Bureau is exercising its authority under and consistent with TILA section 105(a) and (f), RESPA section 19(a), Dodd-Frank section 1032(a), and, for residential mortgage loans, Dodd-Frank Act section 1405(b) to, in effect, delay the effective date of the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure by exempting regulated persons from these provisions until a final rule for the TILA-RESPA integrated disclosures mandated by Dodd-Frank Act sections 1032(f), 1098 and 1100A takes effect. 15 U.S.C. 1604(a), 1604(f); 12 U.S.C. 2617(a); 12 U.S.C. 5532(a); 15 U.S.C. 1601 note. TILA section 105(a) gives the Bureau authority to adjust or except from the disclosure requirements of TILA all or any class of transactions to effectuate the purposes of TILA, to prevent circumvention or evasion thereof, or facilitate compliance therewith. As set forth above and below, delaying the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure until such time as a final rule implementing the TILA-RESPA integrated disclosures takes effect achieves the purpose of TILA to promote the informed use of credit through a more effective, consolidated disclosure, and facilitates compliance by reducing regulatory burden associated with revising systems and practices multiple times and providing multiple disclosures to consumers.</P>
        <P>The Bureau is also exercising exemption authority pursuant to TILA section 105(f). The Bureau has considered the factors in TILA section 105(f) and believes that an exemption is appropriate under that provision. Specifically, the Bureau believes that the exemption is appropriate for all affected borrowers, regardless of their other financial arrangements and financial sophistication and the importance of the loan to them. Similarly, the Bureau believes that the exemption is appropriate for all affected loans, regardless of the amount of the loan and whether the loan is secured by the principal residence of the consumer. Furthermore, the Bureau believes that, on balance, the exemption will simplify the credit process without undermining the goal of consumer protection or denying important benefits to consumers.</P>
        <P>As discussed above, the Bureau believes that the exemption overall provides a benefit to consumers by facilitating a more effective, consolidated disclosure scheme. Absent an exemption, the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure would complicate and hinder the mortgage lending process because consumers would receive inconsistent disclosures and, likely, numerous additional pages of Federal disclosures that do not work together in a meaningful, synchronized way. The Bureau also believes that the credit process could be more expensive and complicated if the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure take effect independent of the larger TILA-RESPA integration rulemaking because industry would be required to revise systems and practices multiple times. The Bureau has also considered the status of mortgage borrowers in issuing the exemptions, and believes the exemption is appropriate to improve the informed use of credit. The Bureau does not believe that the goal of consumer protection would be undermined by the exemption, because of the risk that layering the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure on top of existing mandated disclosures would lead to consumer confusion. The exemption allows the Bureau to coordinate the changes in a way that improves overall consumer understanding of the disclosures.</P>
        <P>RESPA section 19(a) provides the Bureau with authority to grant reasonable exemptions for classes of transactions from the requirements of RESPA as necessary to achieve the purposes of RESPA. 12 U.S.C. 2617(a). As discussed above, one purpose of RESPA is to achieve more effective advance disclosure to home buyers and sellers of settlement costs. RESPA section 2(b)(1); 12 U.S.C. 2601(b). Delaying the optional disclosure of the appraisal management company fee and the fee paid to the appraiser provided for by Dodd-Frank Act section 1475 (amending RESPA section 4(c)) until such time as a final rule implementing the TILA-RESPA integrated disclosures takes effect will result in a more effective disclosure and improve consumer understanding, as discussed above.</P>
        <P>Section 1405(b) of the Dodd-Frank Act additionally gives the Bureau authority to exempt from or modify disclosure requirements, in whole or in part, for any class of residential mortgage loans if the Bureau determines that the exemption or modification is in the interest of consumers and the public. 15 U.S.C. 1601 note. As discussed above, implementing the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure with the TILA-RESPA integrated disclosures is in the interest of consumers because it allows the Bureau to coordinate the changes mandated by the Dodd-Frank Act in a way that synchronizes and harmonizes the disclosures, which in turn will improve overall consumer understanding of the disclosures. Further, implementing the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure as part of the integrated disclosure rulemaking is in the public interest because it produces a more efficient regulatory scheme by incorporating multiple, potentially confusing disclosures into clear and understandable forms through consumer testing.</P>
        <P>Consistent with section 1032(a) of the Dodd-Frank Act,<SU>18</SU>

          <FTREF/>implementing the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure together with<PRTPAGE P="70111"/>the TILA-RESPA integrated disclosures would ensure that the features of consumer credit transactions secured by real property are fully, accurately, and effectively disclosed to consumers in a manner that permits consumers to understand the costs, benefits, and risks associated with the product or service, in light of the facts and circumstances. 12 U.S.C. 5532(a). The Bureau believes that implementing a single, consolidated disclosure will benefit consumers and facilitate compliance with TILA and RESPA.</P>
        <FTNT>
          <P>

            <SU>18</SU>As the Bureau stated in the TILA-RESPA Integration Proposal, Dodd-Frank Act section 1032(c) provides that, in prescribing rules pursuant to section 1032, the Bureau “shall consider available evidence about consumer awareness, understanding of, and responses to disclosures or communications about the risks, costs, and benefits of consumer financial products or services.” 12 U.S.C. 5532(c). Consistent with Dodd-Frank Act section 1032(a), in developing this final rule to delay implementation of the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure, the Bureau considered available studies, reports, and other evidence about consumer awareness, understanding of, and responses to disclosures or communications about the risks, costs, and benefits of consumer financial products or services, including the evidence developed through its consumer testing of the TILA-RESPA integrated disclosures as well as prior testing done by the Board and HUD regarding TILA and RESPA disclosures.<E T="03">See</E>parts II and III of the TILA-RESPA Integration Proposal. For the reasons discussed in this final rule, the Bureau has considered available evidence pursuant to Dodd-Frank Act section 1032(c).</P>
        </FTNT>
        <P>For these reasons, the Bureau is issuing this final rule to delay the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure until the Bureau issues a final rule implementing the TILA-RESPA integrated disclosures required by sections 1032(f), 1098, and 1100A of the Dodd-Frank Act and such rule takes effect. The Bureau considers the adoption of these amendments to § 1026.1(c) as prescribing the rules in final form for the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure pursuant to Dodd-Frank Act section 1400(c)(1)(A), to the extent regulations are required to be prescribed, and the effective date of the final rule as satisfying Dodd-Frank Act section 1400(c)(1)(B). The Bureau views this final rule as issuing regulations for purposes of Dodd-Frank Act section 1400(c)(3); therefore, the Affected Title XIV Disclosures and Post-Consummation Escrow Cancellation Disclosure do not take effect by operation of law with respect to any transaction covered by TILA or RESPA on January 21, 2013.</P>

        <P>This final rule will be effective on the date of publication in the<E T="04">Federal Register</E>. Under section 553(d) of the Administrative Procedure Act (APA), the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except for (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. 5 U.S.C. 553(d). As discussed in part III above and part V below, this final rule provides for a temporary exemption from the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure such that they would not become self-effective on January 21, 2013, and instead would be required at the time the TILA-RESPA integrated disclosures become effective. Therefore, under section 553(d)(1) of the APA, the Bureau is publishing this final rule less than 30 days before its effective date because it is a substantive rule which grants or recognizes an exemption or relieves a restriction. 5 U.S.C. 553(d)(1).</P>
        <HD SOURCE="HD1">V. Section-by-Section Analysis of Final Rule</HD>

        <P>In the TILA-RESPA Integration Proposal, the Bureau proposed to exempt persons temporarily from the disclosure requirements of the Affected Title XIV Disclosures (<E T="03">i.e.,</E>sections 128(a)(16) through (19), 128(b)(4), 129C(f)(1), 129C(g)(2) and (3), 129C(h), 129D(h), and 129D(j)(1)(A) of TILA and section 4(c) of RESPA), until regulations implementing the integrated disclosures required by sections 1032(f), 1098, and 1100A of the Dodd-Frank Act take effect. 15 U.S.C. 1638(a)(16)-(19), 1638(b)(4), 1639c(f)(1), 1639c(g), 1639c(h), 1639d(h), and 1639d(j)(1)(A); 12 U.S.C. 2604(c); 12 U.S.C. 5532(f); 12 U.S.C. 2603; 15 U.S.C. 1604. The TILA-RESPA Integration Proposal provided for implementation of the exemption in proposed § 1026.1(c)(5) by stating that no person is required to provide the disclosures required by the statutory provisions listed above. Proposed comment 1(c)(5)-1 explained that § 1026.1(c)(5) implements the above-listed provisions of TILA and RESPA added by the Dodd-Frank Act by exempting persons from the disclosure requirements of those sections. The comment proposed to clarify that the exemptions provided in proposed § 1026.1(c)(5) are intended to be temporary and will apply only until compliance with the regulations implementing the integrated disclosures required by section 1032(f) of the Dodd-Frank Act become mandatory. Proposed comment 1(c)(5)-1 also clarified that the exemption in proposed § 1026.1(c)(5) does not exempt any person from any other requirement of Regulation Z, Regulation X, or of TILA or RESPA.</P>
        <P>The Bureau has considered the comments addressing the proposed amendments to § 1026.1(c), which are summarized in part II.C, above. Based on those comments and its own analysis, the Bureau has determined that it will adopt the proposed amendments to § 1026.1(c), with only one substantive change and the technical changes described below.</P>
        <HD SOURCE="HD2">1. Post-Consummation Escrow Cancellation Disclosure</HD>
        <P>Although the Post-Consummation Escrow Cancellation Disclosure was not included in the Affected Title XIV Disclosures in the TILA-RESPA Integration Proposal, the Bureau nevertheless received comment requesting that it delay implementation of this disclosure, as described above. Furthermore, as discussed above, the Board received similar requests from commenters on its 2011 Escrows Proposal, which is now the Bureau's responsibility.</P>
        <P>The Bureau has considered the comments received by the Board and the Bureau and believes that, for the reasons given by the commenters and the reasons described in part II above, delaying implementation of the Post-Consummation Escrow Cancellation Disclosure and coordinating such implementation with that of the TILA-RESPA integrated disclosures is in the interest of industry and consumers alike. As discussed in part II above, the Dodd-Frank Act statutory requirements for the content of the Pre-Consummation Escrow Waiver Disclosure and the Post-Consummation Escrow Cancellation Disclosure are the same, and the model forms proposed in the Board's 2011 Escrows Proposal contained similar language for both disclosures. The Bureau tested language for the Pre-Consummation Escrow Waiver Disclosure at its consumer testing conducted in connection with the TILA-RESPA Integration Proposal and proposed to integrate this disclosure into the Closing Disclosure (which integrates the final TILA disclosure and the RESPA settlement statement).<SU>19</SU>

          <FTREF/>Implementing the Post-Consummation Escrow Cancellation Disclosure along with the TILA-RESPA integrated disclosures will allow the Bureau to use feedback it has received from consumer testing conducted prior to the TILA-RESPA Integration Proposal, the comments on that proposal, and any consumer testing conducted subsequent to the proposal to harmonize the content and format of the Post-Consummation Escrow Cancellation Disclosure, the Pre-Consummation Escrow Waiver Disclosure, and the TILA-RESPA integrated disclosures. Consumers, therefore, would benefit from a more fully integrated and synchronized overall mortgage disclosure scheme, and industry would benefit from a more coordinated implementation of the overall mortgage disclosure scheme mandated by the Dodd-Frank Act and implemented by the Bureau. The Bureau also notes that no commenters supported the finalization of the Post-Consummation Escrow Cancellation<PRTPAGE P="70112"/>Disclosure with the planned finalization of the Board's 2011 Escrows Proposal on or before January 21, 2013, and no commenters supported allowing the Post-Consummation Escrow Cancellation Disclosure to take effect by operation of law on that date.</P>
        <FTNT>
          <P>

            <SU>19</SU>For a report on the Bureau's consumer testing, see Kleimann Communication Group, Inc.,<E T="03">Know Before You Owe: Evolution of the Integrated TILA-RESPA Disclosures</E>(July 2012), available at<E T="03">http://files.consumerfinance.gov/f/201207_cfpb_report_tila-respa-testing.pdf.</E>
          </P>
        </FTNT>
        <P>In light of the considerations discussed above, including the comments submitted to the Board and the Bureau in support of a temporary exemption from compliance, the Bureau is modifying the proposed amendments to § 1026.1(c) to exempt persons from compliance with the Post-Consummation Escrow Cancellation Disclosure in addition to the Affected Title XIV Disclosures. Accordingly, the Bureau is adding a reference in § 1026.1(c)(5) and associated commentary to TILA section 129D(j)(1)(B).</P>
        <HD SOURCE="HD2">2. Technical Changes</HD>
        <P>In addition, in the final rule the Bureau is making three technical changes to § 1026.1 and its commentary. First, in § 1026.1(a), reference has been added to reflect the implementation of certain provisions of RESPA. This technical change relates to the fact that the optional disclosure of appraisal management company fees and fees paid to appraisers under RESPA section 4(c) (as added by Dodd-Frank Act section 1475) is being implemented in Regulation Z, rather than Regulation X, by exempting persons from the disclosure requirements of that section.</P>
        <P>Second, in comment 1(c)(5)-1, references have been added to Dodd-Frank Act sections 1098 and 1100A, which amend RESPA section 4(a) and TILA section 105(b), respectively, in addition to the proposed comment's reference to Dodd-Frank Act section 1032(f). This technical change reflects the fact that sections 1098 and 1100A of the Dodd-Frank Act also mandate the TILA-RESPA integrated disclosures. Third, the Bureau has amended § 1026.1(a) to make clear that the Office of Management and Budget control number listed applies only to Bureau respondents.</P>
        <HD SOURCE="HD1">VI. Section 1022(b)(2) Analysis</HD>
        <P>Section VII of the TILA-RESPA Integration Proposal contained the Bureau's preliminary analysis under section 1022(b)(2)(A) of the Dodd-Frank Act of the potential benefits and costs of the proposed rule to consumers and covered persons (as defined in Dodd-Frank Act section 1002(6), 12 U.S.C. 5481(6)), including the potential reduction of access by consumers to consumer financial products or services; the impact on depository institutions and credit unions with $10 billion or less in total assets as described in section 1026 of the Dodd-Frank Act; and the impact on consumers in rural areas (the Preliminary Section 1022(b)(2) Analysis).<SU>20</SU>

          <FTREF/>In the Preliminary Section 1022(b)(2) Analysis, the Bureau addressed the impact of the proposed delay of the Affected Title XIV Disclosures on covered persons and consumers.<E T="03">See</E>section VII.D.8 of the TILA-RESPA Integration Proposal. There, the Bureau noted that the proposed rule would exempt creditors temporarily from compliance with certain new disclosure requirements added to TILA and RESPA by the Dodd-Frank Act until such final rule takes effect. Although the Dodd-Frank Act does not specifically require inclusion of the Affected Title XIV Disclosures in the TILA-RESPA integrated disclosures, the Bureau stated in the TILA-RESPA Integration Proposal that it believes these disclosures should be included in the integrated disclosures because doing so would improve the overall effectiveness of the integrated disclosures, which may benefit consumers and covered persons, and also reduce burden on covered persons.<E T="03">See</E>77 FR 51116, 51279. The Bureau further stated that making the requirements to provide the Affected Title XIV Disclosures become effective simultaneously with the TILA-RESPA integrated disclosures would avoid unnecessary regulatory burden by preventing creditors from having to implement multiple iterations of disclosure rules. Lastly, the Bureau stated that it did not anticipate additional costs to covered persons as a result of delayed implementation of the Affected Title XIV Disclosures, although covered persons may incur additional recurring costs associated with calculating and disclosing this additional information to consumers once the implementing rules take effect.<E T="03">See</E>77 FR 51116, 51279-80. As discussed above, this final rule effectively delays implementation of certain disclosure requirements and thus, consumers will not receive the information provided in such disclosures as early as they would have if the statutory requirements had become self-effective pursuant to Dodd-Frank Act section 1400(c). However, the Bureau believes that these disclosures are of lesser value to consumers without the comprehensive reform of the integrated TILA-RESPA disclosures. In addition, any benefits that consumers would derive from allowing the statutory requirements to take effect prior to the TILA-RESPA integrated disclosures would only accrue during the time between when the requirements would take effect and when the TILA-RESPA integrated disclosure requirements would be finalized.</P>
        <FTNT>
          <P>

            <SU>20</SU>See 77 FR 51116, 51267. The Bureau stated that in developing the proposed rule, the Bureau had considered potential benefits, costs, and impacts, and had consulted or offered to consult with the prudential regulators, the Department of Housing and Urban Development, and the Federal Trade Commission, including regarding consistency with any prudential, market, or systemic objectives administered by such agencies. The Bureau also held discussions with or solicited feedback from the United States Department of Agriculture Rural Housing Service, the Farm Credit Administration, the Federal Housing Administration, the Federal Housing Finance Agency, and the Department of Veterans Affairs regarding the potential impacts of the proposed rule on those entities' loan programs.<E T="03">Id.</E>In addition, prior to finalizing the rule, the Bureau consulted or offered to consult with the appropriate prudential regulators and Federal agencies regarding this final rule.</P>
        </FTNT>

        <P>The baseline for analysis in this final Dodd-Frank Act section 1022(b)(2) analysis is a post-statutory baseline analysis. The Preliminary Section 1022(b)(2) Analysis used a pre-statutory baseline,<E T="03">i.e.,</E>it analyzed the benefits, costs, and impacts of the proposed temporary exemption against a pre-statutory baseline. The Bureau believes a post-statutory baseline more fully informs the rulemaking and is more appropriate for the distinct nature of this final rule—to prevent effectively certain statutory disclosure requirements from becoming self-effective. The Bureau has discretion in future rulemakings to choose the most appropriate baseline for each particular rulemaking.</P>
        <P>The Bureau did not receive any comments on the Bureau's Preliminary Section 1022(b)(2) Analysis regarding the effect of the proposed delay of implementing the Affected Title XIV Disclosures on covered persons and consumers. The Bureau also believes that delaying implementation of the Post-Consummation Escrow Cancellation Disclosure and, instead, implementing the disclosure along with the TILA-RESPA integrated disclosures would avoid unnecessary regulatory burden by preventing covered persons from having to implement multiple iterations of disclosure rules. The Bureau does not anticipate additional costs to covered persons as a result of such delayed implementation of the Post-Consummation Escrow Cancellation Disclosure, although covered persons may incur additional recurring costs associated with calculating and disclosing this additional information to consumers once the implementing rules take effect.</P>

        <P>In light of this, the Bureau concludes, using a post-statutory baseline, that the<PRTPAGE P="70113"/>final rule will have the benefits, costs, and impacts on covered persons and consumers that were discussed in the Preliminary Section 1022(b)(2) Analysis. This final rule does not have the potential to reduce access by consumers to consumer financial products or services, as it will not increase costs on covered persons. In addition, as noted above, because this rule effectively delays the implementation of disclosure requirements, it will cause no additional costs on depository institutions and credit unions with $10 billion or less in total assets, as described in section 1026 of the Dodd-Frank Act. Further, it will have no significant or adverse impact on consumers in rural areas, as it does not increase costs for covered persons or consumers. The Bureau believes that delaying the implementation of the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure will eliminate the costs that covered persons would have incurred if they had to implement the disclosure provisions multiple times,<E T="03">i.e.,</E>if these statutory provisions had taken effect by operation of law pursuant to Dodd-Frank Act section 1400(c)(3) and were also later implemented through the TILA-RESPA integration final rule (including potential increased compliance costs due to uncertainty of complying with statutory provisions without implementing regulations).</P>
        <HD SOURCE="HD1">VII. Regulatory Flexibility Act</HD>

        <P>The Bureau's TILA-RESPA Integration Proposal included an initial regulatory flexibility analysis (IRFA) discussing the potential impact of the Bureau's regulations on small entities, including small businesses, under the Regulatory Flexibility Act (RFA).<E T="03">See</E>77 FR 51116, 51282. Among other issues, the IRFA discussed how the proposed rule would exempt creditors temporarily from compliance with certain new disclosure requirements added to TILA and RESPA by the Dodd-Frank Act until the integrated TILA-RESPA rule takes effect.<E T="03">See</E>77 FR 51116, 51293. The Bureau stated in the IRFA that, although the Dodd-Frank Act does not specifically require inclusion of all of these new disclosures in the integrated disclosures, the Bureau believes these disclosures should be included in the integrated disclosures because doing so would improve the overall effectiveness of the integrated disclosures, which may benefit consumers and covered persons that are small entities, and also reduce burden on covered persons that are small entities. The Bureau provided in the IRFA that finalizing the rules implementing these title XIV disclosures simultaneously with the final TILA-RESPA rule would avoid unnecessary regulatory burden by preventing creditors that are small entities from having to implement multiple iterations of disclosure rules. The Bureau stated in the IRFA that it does not anticipate additional costs to covered persons as a result of delayed implementation of the new disclosure requirements, although small entities may incur additional recurring costs associated with calculating and disclosing this additional information to consumers once the implementing rules take effect.<E T="03">Id.</E>The Bureau also noted in the IRFA that incorporating the Affected Title XIV Disclosures into the TILA-RESPA integrated disclosures was being proposed to avoid duplication, overlaps, and conflicts.<E T="03">See</E>77 FR 51116, 51294.</P>

        <P>The Bureau did not receive any comments on the conclusions that the Bureau made in the IRFA regarding the effect on small entities of the proposed delay of implementing the Affected Title XIV Disclosures. The Bureau also believes that delaying implementation of the Post-Consummation Escrow Cancellation Disclosure to implement it simultaneously with the TILA-RESPA integration final rulemaking will avoid unnecessary regulatory burden by preventing covered persons that are small entities from having to implement multiple iterations of disclosure rules. The Bureau does not anticipate additional costs as a result of delayed implementation of the Post-Consummation Escrow Cancellation Disclosure, although small entities may incur additional recurring costs associated with calculating and disclosing this additional information to consumers once the implementing rules take effect.<E T="03">Id.</E>The Bureau also believes that synchronizing the format and content of the Post-Consummation Escrow Cancellation Disclosure with the Pre-Consummation Escrow Waiver Disclosure and the integrated TILA-RESPA disclosures avoids duplication, overlaps, and conflicts with other Federal rules.<E T="03">See</E>77 FR 51116, 51294.</P>
        <P>Accordingly, because this final rule, which the Bureau is issuing separately from the other parts of the TILA-RESPA Integration Proposal, will not create additional costs for covered persons that are small entities, the undersigned certifies that it will not have a significant economic impact on a substantial number of small entities. Therefore, an analysis under the RFA is not required for this final rule. However, the factors required in such an analysis are addressed below for informational purposes.</P>
        <P>The Bureau has concluded that the final rule will impose, subject to a post-statutory baseline, the impacts on small entities that were discussed in the IRFA. The delay of the implementation of the Affected Title XIV Disclosures and the Post-Consummation Escrow Cancellation Disclosure, so that they may be implemented with the integrated TILA-RESPA disclosures, will improve the integrated disclosures, which may benefit consumers and small entities, and avoid unnecessary regulatory burden by preventing covered persons that are small entities from having to implement multiple iterations of disclosure rules.</P>
        <P>As described in the TILA-RESPA Integration Proposal, the Bureau estimates the final rule to affect small entities that are engaged in closed-end mortgage transactions that are commercial banks and savings associations, credit unions, non-bank mortgage lenders, mortgage brokers, and settlement agents, totaling about 26,000 small entities.<SU>21</SU>
          <FTREF/>This rule provides an exemption and, therefore, does not contain any reporting, recordkeeping, or other requirements. The Bureau has reviewed possible steps to minimize the impact on small entities in connection with the TILA-RESPA Integration Proposal. As the nature of this final rule is an exemption, it is itself a step taken to minimize impact on small entities (as opposed to the alternative of letting the statutory disclosure provisions become self-effective). The final rule covers all small entities subject to the statutory provisions, because the final rule applies to persons generally.</P>
        <FTNT>
          <P>
            <SU>21</SU>
            <E T="03">See</E>77 FR 51116, 51285-6.</P>
        </FTNT>

        <P>In sum, this final rule will eliminate the costs that covered small entities would have incurred if they had to implement the disclosure provisions multiple times,<E T="03">i.e.,</E>if these statutory provisions had taken effect by operation of law pursuant to Dodd-Frank Act section 1400(c)(3) and were also later implemented through the TILA-RESPA integration final rule (including potential increased compliance costs due to uncertainty of complying with statutory provisions without implementing regulations).</P>
        <HD SOURCE="HD1">VIII. Paperwork Reduction Act</HD>

        <P>The Bureau has determined that this final rule does not impose any new recordkeeping, reporting, or disclosure requirements on covered persons or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501,<E T="03">et seq.</E>Rather, the final rule defers certain<PRTPAGE P="70114"/>information collection requirements subject to the PRA until such time as the TILA-RESPA integrated disclosure final rule, and the corresponding information collection requirements, becomes effective. The Bureau did not receive any comments related to this exemption under the PRA.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 12 CFR Part 1026</HD>
          <P>Advertising, Consumer protection, Credit, Credit unions, Mortgages, National banks, Recordkeeping requirements, Reporting, Savings associations, Truth in lending.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Authority and Issuance</HD>
        <P>For the reasons stated in the preamble, the Bureau amends Regulation Z, 12 CFR part 1026, as set forth below:</P>
        <REGTEXT PART="1026" TITLE="12">
          <PART>
            <HD SOURCE="HED">PART 1026—TRUTH IN LENDING (REGULATION Z)</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 1026 is revised to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>

            <P>12 U.S.C. 2601; 2603-2605, 2607, 2609, 2617, 5511, 5512, 5532, 5581; 15 U.S.C. 1601<E T="03">et seq.</E>
            </P>
          </AUTH>
        </REGTEXT>
        
        <REGTEXT PART="1026" TITLE="12">
          
          <AMDPAR>2. Section 1026.1 is amended by revising paragraph (a) and adding paragraph (c)(5) to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 1026.1</SECTNO>
            <SUBJECT>Authority, purpose, coverage, organization, enforcement, and liability.</SUBJECT>
            <P>(a)<E T="03">Authority.</E>This part, known as Regulation Z, is issued by the Bureau of Consumer Financial Protection to implement the Federal Truth in Lending Act, which is contained in title I of the Consumer Credit Protection Act, as amended (15 U.S.C. 1601<E T="03">et seq.</E>). This part also implements title XII, section 1204 of the Competitive Equality Banking Act of 1987 (Pub. L. 100-86, 101 Stat. 552). Furthermore, this part implements certain provisions of the Real Estate Settlement Procedures Act of 1974, as amended (12 U.S.C. 2601<E T="03">et seq.</E>). The Bureau's information-collection requirements contained in this part have been approved by the Office of Management and Budget under the provisions of 44 U.S.C. 3501<E T="03">et seq.</E>and have been assigned OMB No. 3170-0015 (Truth in Lending).</P>
            <STARS/>
            <P>(c) * * *</P>
            <P>(5) No person is required to provide the disclosures required by sections 128(a)(16) through (19), 128(b)(4), 129C(f)(1), 129C(g)(2) and (3), 129C(h), 129D(h), 129D(j)(1)(A), or 129D(j)(1)(B) of the Truth in Lending Act or section 4(c) of the Real Estate Settlement Procedures Act.</P>
            <STARS/>
          </SECTION>
        </REGTEXT>
        <REGTEXT PART="1026" TITLE="12">
          <AMDPAR>3. In Supplement I to Part 1026:</AMDPAR>
          <P>A. Under<E T="03">Section 1026.1—Authority, Purpose, Coverage, Organization, Enforcement and Liability,</E>under subheading<E T="03">1(c) Coverage,</E>add in alphanumerical order the subheading<E T="03">Paragraph 1(c)(5)</E>and paragraph 1. under that subheading.</P>
          <P>The additions read as follows:</P>
          <HD SOURCE="HD1">Supplement I to Part 1026—Official Interpretations</HD>
          <STARS/>
          <SUBPART>
            <HD SOURCE="HED">Subpart A—General</HD>
            <HD SOURCE="HD2">Section 1026.1—Authority, Purpose, Coverage, Organization, Enforcement and Liability 1(c) Coverage</HD>
            <STARS/>
          </SUBPART>
          <P>
            <E T="03">Paragraph 1(c)(5).</E>
          </P>
          <P>1.<E T="03">Temporary exemption.</E>Section 1026.1(c)(5) implements sections 128(a)(16) through (19), 128(b)(4), 129C(f)(1), 129C(g)(2) and (3), 129C(h), 129D(h), 129D(j)(1)(A), and 129D(j)(1)(B) of the Truth in Lending Act and section 4(c) of the Real Estate Settlement Procedures Act, by exempting persons from the disclosure requirements of those sections. These exemptions are intended to be temporary, lasting only until regulations implementing the integrated disclosures required by sections 1032(f), 1098, and 1100A of the Dodd-Frank Act (12 U.S.C. 5532(f), 12 U.S.C. 2603(a), 15 U.S.C. 1604(b)) become mandatory. Section 1026.1(c)(5) does not exempt any person from any other requirement of this part, Regulation X (12 CFR part 1024), the Truth in Lending Act, or the Real Estate Settlement Procedures Act.</P>
          <STARS/>
        </REGTEXT>
        <SIG>
          <DATED>Dated: November 13, 2012.</DATED>
          <NAME>Richard Cordray,</NAME>
          <TITLE>Director, Bureau of Consumer Financial Protection.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28341 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-AM-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-2012-0846; Directorate Identifier 2012-CE-021-AD; Amendment 39-17237; AD 2012-22-01]</DEPDOC>
        <RIN>RIN 2120-AA64</RIN>
        <SUBJECT>Airworthiness Directives; Cessna Aircraft Company 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 Cessna Aircraft Company Models 172R and 172S airplanes. This AD was prompted by reports of chafed fuel return line assemblies, which were caused by the fuel return line assembly rubbing against the right steering tube assembly during full rudder pedal actuation. This AD requires you to inspect the fuel return line assembly for chafing; replace the fuel return line assembly if chafing is found; inspect the clearance between the fuel return line assembly and both the right steering tube assembly and the airplane structure; and adjust as necessary. We are issuing this AD to correct the unsafe condition on these products.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>This AD is effective December 28, 2012.</P>
          <P>Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of March 13, 2012 (77 FR 6003, February 7, 2012).</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>For service information identified in this AD, contact Cessna Aircraft Company, Customer service, P.O. Box 7706, Wichita, KS 67277; telephone: (316) 517-5800; fax: (316) 517-7271; Internet:<E T="03">http://www.cessnasupport.com.</E>You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (816) 329-4148.</P>
        </ADD>
        <HD SOURCE="HD1">Examining the AD Docket</HD>
        <P>You may examine the AD docket on the Internet at<E T="03">http://www.regulations.gov;</E>or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.</P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jeff Janusz, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 S. Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4148; fax: (316) 946-4107; email:<E T="03">jeff.janusz@faa.gov.</E>
          </P>
          
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <PRTPAGE P="70115"/>
        <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 August 20, 2012 (77 FR 50054). That NPRM proposed to require you to inspect the fuel return line assembly for chafing; replace the fuel return line assembly if chafing is found; inspect the clearance between the fuel return line assembly and both the right steering tube assembly and the airplane structure; and adjust as necessary.</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 50054, August 20, 2012) or on the determination of the cost to the public.</P>
        <HD SOURCE="HD1">Conclusion</HD>
        <P>We reviewed the relevant 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 50054, August 20, 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 50054, August 20, 2012).</P>
        <HD SOURCE="HD1">Costs of Compliance</HD>
        <P>We estimate that this AD affects 55 airplanes of U.S. registry.</P>
        <P>We estimate the following costs to comply with this AD:</P>
        <GPOTABLE CDEF="s50,r50,r50,12C,12C" COLS="5" OPTS="L1,i1">
          <TTITLE>Estimated Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Action</CHED>
            <CHED H="1">Labor cost</CHED>
            <CHED H="1">Parts cost</CHED>
            <CHED H="1">Cost per<LI>product</LI>
            </CHED>
            <CHED H="1">Cost on U.S.<LI>operators</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Inspection of the fuel return line assembly for chafing and clearance</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>Not applicable</ENT>
            <ENT>$85</ENT>
            <ENT>$4,675</ENT>
          </ROW>
        </GPOTABLE>
        <P>We estimate the following costs to do any necessary replacements and adjustments that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these replacements:</P>
        <GPOTABLE CDEF="s100,r50,12C,12C" COLS="4" OPTS="L1,i1">
          <TTITLE>On-Condition Costs</TTITLE>
          <BOXHD>
            <CHED H="1">Action</CHED>
            <CHED H="1">Labor cost</CHED>
            <CHED H="1">Parts cost</CHED>
            <CHED H="1">Cost per<LI>product</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Replacement of the fuel return line assembly and adjustment of the clearance between the fuel return line assembly and both the steering tube assembly and the airplane structure</ENT>
            <ENT>1 work-hour × $85 per hour = $85</ENT>
            <ENT>$123</ENT>
            <ENT>$208</ENT>
          </ROW>
        </GPOTABLE>
        <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, 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">2012-22-01Cessna Aircraft Company:</E>Amendment 39-17237; Docket No. FAA-2012-0846; Directorate Identifier 2012-CE-021-AD.</FP>
            <HD SOURCE="HD1">(a) Effective Date</HD>
            <P>This AD is effective December 28, 2012.</P>
            <HD SOURCE="HD1">(b) Affected ADs</HD>
            <P>None.</P>
            <HD SOURCE="HD1">(c) Applicability</HD>
            <P>This AD applies to the following Cessna Aircraft Company (Cessna) airplanes, certificated in any category:</P>

            <P>(1) Model 172R, serial numbers (S/N) 17280001 through 17281187, that have<PRTPAGE P="70116"/>incorporated Cessna Aircraft Company Service Bulletin SB04-28-03, dated August 30, 2004, and Engine Fuel Return System, Modification Kit MK172-28-01, dated August 30, 2004; and</P>
            <P>(2) Model 172S, S/N l72S8001 through 172S9490, that have incorporated Cessna Aircraft Company Service Bulletin SB04-28-03, dated August 30, 2004, and Engine Fuel Return System, Modification Kit MK172-28-01; dated August 30, 2004.</P>
            <HD SOURCE="HD1">(d) Subject</HD>
            <P>Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 2820, Aircraft Fuel Distribution System.</P>
            <HD SOURCE="HD1">(e) Unsafe Condition</HD>
            <P>This AD was prompted by reports of chafed fuel return line assemblies caused by the fuel return line assembly rubbing against the right steering tube assembly during full rudder pedal actuation. We are issuing this AD to correct the unsafe condition on these products.</P>
            <HD SOURCE="HD1">(f) Compliance</HD>
            <P>Comply with this AD within the compliance times specified, unless already done.</P>
            <HD SOURCE="HD1">(g) Inspect the Fuel Return Line Assembly</HD>
            <P>At whichever of the following that occurs later, inspect the fuel return line assembly (Cessna part number (P/N) 0500118-49) for chafing following Cessna Service Bulletin SB07-28-01, Revision 1, dated September 22, 2011.</P>
            <P>(1) At the next annual inspection after December 28, 2012 (the effective date of this AD); or</P>
            <P>(2) Within the next 100 hours time-in-service (TIS) after December 28, 2012 (the effective date of this AD); or</P>
            <P>(3) Within the next 12 calendar months after December 28, 2012 (the effective date of this AD).</P>
            <HD SOURCE="HD1">(h) Replace the Fuel Line Assembly</HD>
            <P>If you find evidence of chafing of the fuel return line assembly (Cessna P/N 0500118-49) as a result of the inspection required by paragraph (g) of this AD, then before further flight, replace the fuel return line assembly (Cessna P/N 0500118-49) following Cessna Service Bulletin SB07-28-01, Revision 1, dated September 22, 2011.</P>
            <HD SOURCE="HD1">(i) Inspect for a Minimum Clearance Between Certain Parts</HD>
            <P>After any inspection required by paragraph (g) of this AD and no chafing of the fuel return line assembly (Cessna P/N 0500118-49) is found or after replacement of the fuel return line assembly (Cessna P/N 0500118-49) required by paragraph (h) of this AD, before further flight, inspect for a minimum clearance between the following parts throughout the range of copilot pedal travel:</P>
            <P>(1) A minimum clearance of 0.5 inch between the fuel return line assembly (Cessna P/N 0500118-49) and the right steering tube assembly (Cessna P/N MC0543022-2C); and</P>
            <P>(2) Visible positive clearance between the fuel return line assembly (Cessna P/N 0500118-49) and the airplane structure.</P>
            <HD SOURCE="HD1">(j) Adjust Clearance for Fuel Return Line Assembly</HD>
            <P>If the clearance between the fuel return line assembly and the right steering tube assembly and the clearance between the fuel return line assembly and the aircraft structure do not meet the minimums as specified in paragraphs (i)(l) and (i)(2) of this AD, before further flight, adjust the clearances to meet the required minimums following the Instructions paragraph of Cessna Service Bulletin SB07-28-01, Revision 1, dated September 22, 2011.</P>
            <HD SOURCE="HD1">(k) Engine Fuel Return System Modification</HD>
            <P>Do not incorporate Cessna Aircraft Company Engine Fuel Return System Modification Kit MK 172-28-01 as referenced in Service Bulletin SB 04-28-03, both dated August 30, 2004, without performing the actions in this AD before further flight after installation.</P>
            <HD SOURCE="HD1">(l) Alternative Methods of Compliance (AMOCs)</HD>
            <P>(1) The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.</P>
            <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.</P>
            <HD SOURCE="HD1">(m) Related Information</HD>

            <P>For more information about this AD, contact Jeff Janusz, Aerospace Engineer, Wichita ACO, FAA, 1801 S. Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4148; fax: (316) 946-4107; email:<E T="03">jeff.janusz@faa.gov.</E>
            </P>
            <HD SOURCE="HD1">(n) 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 March 13, 2012 (77 FR 6003, February 7, 2012).</P>
            <P>(i) Cessna Aircraft Company Cessna Service Bulletin SB07-28-01, Revision 1, dated September 22, 2011.</P>
            <P>(ii) Reserved.</P>

            <P>(4) For Cessna Aircraft Company service information identified in this AD, contact Cessna Aircraft Company, Customer service, P.O. Box 7706, Wichita, KS 67277; telephone: (316) 517-5800; fax: (316) 517-7271; Internet:<E T="03">http://www.cessnasupport.com.</E>
            </P>
            <P>(5) You may view this service information at FAA, Small Airplane Directorate, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (816) 329-4148.</P>

            <P>(6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:<E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
            </P>
          </EXTRACT>
        </REGTEXT>
        <SIG>
          <DATED>Issued in Kansas City, Missouri, on October 22, 2012.</DATED>
          <NAME>James E. Jackson,</NAME>
          <TITLE>Acting Manager, Small Airplane Directorate, Aircraft Certification Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-26500 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-13-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <CFR>17 CFR Parts 240 and 249</CFR>
        <DEPDOC>[Release No. 34-67717A; File No. S7-42-10]</DEPDOC>
        <RIN>RIN 3235-AK85</RIN>
        <SUBJECT>Disclosure of Payments by Resource Extraction Issuers</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>This release makes a technical correction to Release No. 34-67717 (August 22, 2012), which adopted disclosure rules for resource extraction issuers and was published in the<E T="04">Federal Register</E>on September 12, 2012 (77 FR 56365). We are correcting the release to include the text of a footnote that was omitted when published.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>November 23, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tamara Brightwell, Senior Special Counsel, or Eduardo Aleman, Special Counsel, Division of Corporation Finance, at 202-551-3290, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>We are making the following correction to Release No. 34-67717 (August 22, 2012), which was published in FR Doc. 2012-21155 and appeared on page 56365 of the<E T="04">Federal Register</E>on September 12, 2012:</P>

        <P>On page 56395, above the last line of the second column, the following footnote text is inserted: “471<E T="03">See</E>letters from Bon Secours, Calvert, CRS, Earthworks, EIWG, ERI, ERI 2, Global Financial 2, Global Witness 1, Greenpeace, HII, HURFOM 1, HURFOM 2, Newground, ONE, Oxfam 1, PGGM, PWYP 1, RWI 1, Sanborn, Sen. Cardin<E T="03">et al.</E>1, Sen. Cardin<E T="03">et al.</E>2, Sen. Levin 1, Soros 1, TIAA, USAID, USW, and WRI.”</P>
        <SIG>
          <PRTPAGE P="70117"/>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Elizabeth M. Murphy,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28455 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <CFR>17 CFR Part 270</CFR>
        <DEPDOC>[Release No. IC-30268; File No. S7-07-11]</DEPDOC>
        <RIN>RIN 3235-AL02</RIN>
        <SUBJECT>Purchase of Certain Debt Securities by Business and Industrial Development Companies Relying on an Investment Company Act Exemption</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Securities and Exchange Commission (“Commission”) is adopting a new rule under the Investment Company Act of 1940 (“Investment Company Act”) to establish a standard of credit-worthiness in place of a statutory reference to credit ratings that the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) removes. The rule will establish the standard of credit quality that must be met by certain debt securities purchased by entities relying on the Investment Company Act exemption for business and industrial development companies.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective date:</E>December 24, 2012.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Anu Dubey, Senior Counsel, or Penelope Saltzman, Assistant Director (202) 551-6792, Office of Regulatory Policy, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-8549.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Commission is adopting new rule 6a-5 [17 CFR 270.6a-5] under the Investment Company Act.<SU>1</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>15 U.S.C. 80a-1. Unless otherwise noted, all references to statutory sections are to the Investment Company Act, and all references to rules under the Investment Company Act are to Title 17, Part 270 of the Code of Federal Regulations [17 CFR part 270].</P>
        </FTNT>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. Background</FP>
          <FP SOURCE="FP-2">II. Discussion</FP>
          <FP SOURCE="FP-2">III. Paperwork Reduction Act</FP>
          <FP SOURCE="FP-2">IV. Economic Analysis</FP>
          <FP SOURCE="FP-2">V. Final Regulatory Flexibility Analysis</FP>
          <FP SOURCE="FP-2">Statutory Authority</FP>
          <FP SOURCE="FP-2">Text of Rule</FP>
        </EXTRACT>
        
        <HD SOURCE="HD1">I. Background</HD>
        <P>The Dodd-Frank Act was enacted on July 21, 2010.<SU>2</SU>
          <FTREF/>Section 939(c) of the Dodd-Frank Act removes a reference to credit ratings from section 6(a)(5) of the Investment Company Act and replaces it with a reference to “such standards of credit-worthiness as the Commission shall adopt.”<SU>3</SU>
          <FTREF/>To implement this mandate, last year the Commission proposed new rule 6a-5 under the Investment Company Act that would establish a credit-worthiness standard to replace the credit rating reference in section 6(a)(5) of that Act that the Dodd-Frank Act eliminates.<SU>4</SU>
          <FTREF/>We received one comment letter regarding proposed rule 6a-5, which we discuss below.<SU>5</SU>
          <FTREF/>Today, we are adopting new rule 6a-5, which implements section 939(c) of the Dodd-Frank Act.</P>
        <FTNT>
          <P>
            <SU>2</SU>Public Law 111-203, 124 Stat. 1376 (2010).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>3</SU>Section 939(c) of the Dodd-Frank Act (amending section 6(a)(5)(A)(iv)(I) of the Investment Company Act). This amendment to the Investment Company Act becomes effective on July 21, 2012.<E T="03">See</E>section 939(g) of the Dodd-Frank Act.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>References to Credit Ratings in Certain Investment Company Act Rules and Forms, Investment Company Act Release No. 29592 (Mar. 3, 2011) [76 FR 12896 (Mar. 9, 2011)] (“2011 Proposing Release”). In that release, we also proposed amendments to replace references to credit ratings in rules 2a-7 and 5b-3 under the Investment Company Act and Forms N-1A, N-2, N-3 and N-MFP under the Investment Company Act and the Securities Act of 1933 (15 U.S.C. 77a). Those proposed amendments would implement section 939A of the Dodd-Frank Act, which requires the Commission to review its regulations for any references to or requirements regarding credit ratings that require the use of an assessment of the credit-worthiness of a security or money market instrument, remove these references or requirements, and substitute in those regulations other standards of credit-worthiness that we determine to be appropriate. We intend to address the proposed amendments to rule 2a-7, rule 5b-3 and Forms N-1A, N-2, N-3 and N-MFP separately. Rule 3a-7 under the Investment Company Act also contains a reference to ratings. In August 2011, in a concept release soliciting comment on the treatment of asset-backed issuers under the Investment Company Act, we sought comment on the role, if any, that credit ratings should continue to play in the context of rule 3a-7.<E T="03">See</E>Treatment of Asset-Backed Issuers under the Investment Company Act, Investment Company Act Release No. 29779 (Aug. 31, 2011) [76 FR 55308 (Sept. 7, 2011)] at Section III.A.1.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>5</SU>The comment letters on the 2011 Proposing Release (File No. S7-07-11) are available at<E T="03">http://www.sec.gov/comments/s7-07-11/s70711.shtml.</E>In addition, to facilitate public input on the Dodd-Frank Act, we provided a series of email links, organized by topic on our Web site at<E T="03">http://www.sec.gov/spotlight/regreformcomments.shtml.</E>The public comments we received in response to our solicitation for comment on Title IX of the Dodd-Frank Act (which includes sections 939 and 939A) are available on our Web site at<E T="03">http://www.sec.gov/comments/df-title-ix/credit-rating-agencies/credit-rating-agencies.shtml.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD1">II. Discussion</HD>
        <P>Business and industrial development companies (“BIDCOs”) are companies that operate under state statutes that provide direct investment and loan financing, as well as managerial assistance, to state and local enterprises.<SU>6</SU>
          <FTREF/>Because they invest in securities, BIDCOs frequently meet the definition of “investment company” under the Investment Company Act.<SU>7</SU>
          <FTREF/>In 1996, the Investment Company Act was amended to add section 6(a)(5) to exempt these companies from most provisions of the Act subject to certain conditions.<SU>8</SU>
          <FTREF/>The statutory exemption was premised on states having a strong interest in overseeing the structure and operations of these companies, thus rendering regulation under the Investment Company Act largely duplicative and unnecessary.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>Report of the Senate Committee on Banking, Housing and Urban Affairs to Accompany S. 479, S. Rep. No. 103-166, at 11 (1993) (“1993 Senate Report”).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>For purposes of the Investment Company Act, an “investment company” means any issuer that: (A) Is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, or trading in securities; (B) is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or has been engaged in such business and has any such certificate outstanding; or (C) is engaged or proposes to engage in the business of investing, reinvesting, owning, holding, or trading in securities, and owns or proposes to acquire investment securities having a value exceeding 40 per centum of the value of such issuer's total assets (exclusive of government securities and cash items) on an unconsolidated basis. 15 U.S.C. 80a-3(a)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 80a-6(a)(5); Public Law 104-290 § 501, 110 Stat. 3416, 3444 (1996). Section 6(a)(5)(B) provides that section 9 and, to the extent necessary to enforce section 9, sections 38 through 51, apply to a BIDCO as though the company were a registered investment company. Among other conditions to reliance on the exemption in section 6(a)(5), a BIDCO may not issue redeemable securities.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See</E>1993 Senate Report,<E T="03">supra</E>note 6, at 19 (further stating that states are well positioned to monitor these companies and address the needs of resident investors). Prior to the addition of section 6(a)(5), the Commission had granted orders to exempt BIDCOs from regulation under the Act.<E T="03">See, e.g.,</E>The Idaho Company, Investment Company Release Nos. 18926 (Sept. 3, 1992) (notice) and 18985 (Sept. 30, 1992) (order).</P>
        </FTNT>

        <P>BIDCOs that seek to rely on the exemption in section 6(a)(5) are limited with respect to the types of securities issued by investment companies and companies exempt from the definition of investment company under section 3(c)(1) or 3(c)(7) of the Investment Company Act (“private funds”) that they may purchase. Specifically, section 6(a)(5)(A)(iv) prohibits these BIDCOs from purchasing securities issued by investment companies and private funds other than debt securities that are rated investment grade by at least one NRSRO and securities issued by registered open-end investment companies that invest at least 65 percent of their assets in investment grade<PRTPAGE P="70118"/>securities or securities that the fund determines are comparable in quality.<SU>10</SU>
          <FTREF/>This provision was intended to provide limited flexibility to invest capital not immediately needed for the company's long-term commitments.<SU>11</SU>
          <FTREF/>Although the legislative history of the provision does not specifically explain why Congress restricted BIDCOs to acquiring “investment grade” debt of investment companies and private funds, as we noted in the 2011 Proposing Release, it may have been designed to limit BIDCOs to investing in debt securities of sufficiently high credit quality that they are likely to maintain a fairly stable market value and that could be liquidated easily, as appropriate, for the BIDCO to support its investment and financing activities.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>10</SU>15 U.S.C. 80a-6(a)(5)(A), as in effect prior to July 21, 2012 (exempting any company that is not engaged in the business of issuing redeemable securities, the operations of which are subject to regulation by the State in which the company is organized under a statute governing entities that provide financial or managerial assistance to enterprises doing business, or proposing to do business in that state if, among other things, the company does not purchase any security issued by an investment company or by any company that would be an investment company except for the exclusions from the definition of the term “investment company” under sections 3(c)(1) or 3(c)(7), other than (I) any debt security that is rated investment grade by not less than 1 nationally recognized statistical rating organization; or (II) any security issued by a registered open-end fund that is required by its investment policies to invest not less than 65% of its total assets in securities described in subclause (I) or securities that are determined by such registered open-end fund to be comparable in quality to securities described in subclause (I)).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">See</E>1993 Senate Report,<E T="03">supra</E>note 6, at 20.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>12</SU>
            <E T="03">See</E>2011 Proposing Release,<E T="03">supra</E>note 4, at Section II.D.</P>
        </FTNT>
        <P>As described above, section 939(c) of the Dodd-Frank Act eliminates the credit rating reference in section 6(a)(5)(A)(iv) of the Investment Company Act. Instead of limiting BIDCOs to purchasing debt securities issued by investment companies and private funds that are rated “investment grade,” the amendment requires such debt securities to meet “such standards of credit-worthiness as the Commission shall adopt.”</P>
        <P>We do not understand that the statutory amendment was intended to change the standard of credit quality represented by an investment grade rating. Accordingly, we are adopting rule 6a-5, as proposed, to establish a standard of credit-worthiness designed to achieve the same degree of risk limitation as the credit rating it replaces. Rule 6a-5 deems a BIDCO to have met the requirements for credit-worthiness of certain debt securities under section 6(a)(5)(A)(iv)(I) if the board of directors or members of the company (or its or their delegate) determines, at the time of purchase, that the debt security is (i) subject to no greater than moderate credit risk and (ii) sufficiently liquid that the security can be sold at or near its carrying value within a reasonably short period of time.<SU>13</SU>
          <FTREF/>The board of directors or members of a BIDCO (or its or their delegate) would have to make this determination at the time of acquisition of the securities.<SU>14</SU>
          <FTREF/>As a result of rule 6a-5, section 6(a)(5) of the Investment Company Act will also limit a BIDCO's investments in registered open-end funds to those funds that invest at least 65 percent of their assets in debt securities that meet our standard.<SU>15</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>13</SU>Rule 6a-5. The standard for credit-worthiness that we are adopting in rule 6a-5 is similar to the standard that we adopted in rule 10f-3 under the Investment Company Act. Rule 10f-3 defines eligible municipal securities as securities that are sufficiently liquid that they can be sold at or near their carrying value within a reasonably short period of time and either are subject to no greater than moderate credit risk or, if the issuer has been in operation for less than three years, the securities are subject to a minimal or low amount of credit risk.<E T="03">See</E>rule 10f-3(a)(3).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>14</SU>Rule 6a-5.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>15</SU>Section 6(a)(5)(A)(iv)(II) (permitting a BIDCO to purchase any security issued by a registered open-end fund that is required by its investment policies to invest not less than 65% of its total assets in securities described in subclause (I) (<E T="03">i.e.,</E>securities that meet the standards of credit-worthiness that the Commission adopts) or securities that are determined by such registered open-end fund to be comparable in quality to securities described in subclause (I)).</P>
        </FTNT>
        <P>The final rule does not, as one commenter suggested, include specific factors or tests that the board must apply in performing its credit analysis.<SU>16</SU>
          <FTREF/>We believe that the new credit quality standards (that the debt security be subject to no greater than moderate credit risk and be sufficiently liquid that it can be sold at or near its carrying value within a reasonably short period of time) are clear enough for a BIDCO's board or members (or its or their delegate) to understand the risks acceptable under the rule. We note that the number and scope of factors that may be appropriate to making a credit quality determination with respect to a security may vary significantly depending on the particular security. We are concerned that prescribing a list of specific factors in a rule today might function as a limit to the credit quality analysis that boards or members would undertake and may not address information that would be relevant to credit quality determinations regarding new types of debt securities that investment companies or private funds may issue and in which BIDCOs may invest in the future.<SU>17</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>16</SU>
            <E T="03">See</E>Better Markets Comment Letter (Apr. 25, 2011) (“Better Markets Comment Letter”) (asserting that the proposed standard is vague and would undermine the reliability of a board's credit risk determinations and the board's accountability for such determinations).</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>17</SU>We also agree with this commenter, who acknowledged that a reliable and objective shorthand measure of credit risk that could be incorporated into Commission regulations is currently unavailable.<E T="03">See</E>Better Markets Comment Letter.</P>
        </FTNT>
        <P>The standard we are adopting is designed to limit BIDCOs to purchasing debt securities issued by investment companies or private funds of sufficiently high credit quality that they are likely to maintain a fairly stable market value and may be liquidated easily, as appropriate, for the BIDCO to support its investment and financing activities.<SU>18</SU>
          <FTREF/>Debt securities (or their issuers) subject to a moderate level of credit risk would demonstrate at least average credit-worthiness relative to other similar debt issues (or issuers of similar debt).<SU>19</SU>
          <FTREF/>Moderate credit risk would denote current low expectations of default risk associated with the security, with an adequate capacity for payment by the issuer of principal and interest.<SU>20</SU>
          <FTREF/>In making their credit quality determinations, a BIDCO's board of directors or members (or its or their delegate) can also consider credit quality reports prepared by outside sources, including NRSRO ratings, that the BIDCO board or members conclude are credible and reliable for this purpose.</P>
        <FTNT>
          <P>
            <SU>18</SU>
            <E T="03">See supra</E>note 12 and accompanying text.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>19</SU>
            <E T="03">See</E>References to Ratings of Nationally Recognized Statistical Rating Organizations, Investment Company Act Release No. 28939 (Oct. 5, 2009) [74 FR 52358 (Oct. 9, 2009)] at n.86 (release adopting amendments to rule 10f-3).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>20</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <HD SOURCE="HD1">III. Paperwork Reduction Act</HD>
        <P>The Paperwork Reduction Act of 1995 (“PRA”) imposes certain requirements on federal agencies in connection with their conducting or sponsoring any collection of information as defined by the PRA. Rule 6a-5 does not create any new collections of information.</P>
        <HD SOURCE="HD1">IV. Economic Analysis</HD>
        <P>As discussed above, we are adopting a new rule to implement section 939(c) of the Dodd-Frank Act to replace a statutory reference to a credit rating with an alternative credit-worthiness standard. We considered the economic effects, including costs and benefits, of our proposed new rule in the 2011 Proposing Release and we discuss below the comment received related to our analysis.</P>

        <P>The Commission has discretion in adopting the alternative standard of credit-worthiness, and we undertake<PRTPAGE P="70119"/>below to discuss the economic effects of the new rule that are within our discretion under the Dodd-Frank Act, in addition to the economic effects of removing rating references from statutory provisions, as mandated by the Dodd-Frank Act itself. The two types of costs and benefits may not be entirely separable to the extent that our discretion is exercised to realize the benefits intended by the Dodd-Frank Act. In evaluating the economic effects of new rule 6a-5, we compare section 6(a)(5) of the Investment Company Act, as currently in effect (which includes a reference to a rating), with the new rule we are adopting.</P>
        <P>Rule 6a-5 establishes a credit-worthiness standard under section 6(a)(5)(A)(iv)(I) of the Investment Company Act. BIDCOs that seek to rely on the exemption in section 6(a)(5) of the Act are limited to investing in debt securities issued by investment companies and private funds if, at the time of purchase, the board of directors or members of the BIDCO (or its or their delegate) determines that the debt security is (i) subject to no greater than moderate credit risk and (ii) sufficiently liquid that the security can be sold at or near its carrying value within a reasonably short period of time.</P>
        <P>We anticipate that the adoption of rule 6a-5 may result in certain benefits. First, we do not understand that by amending section 6(a)(5), Congress intended to change the credit quality of the debt securities that BIDCOs may purchase and our rule is designed to establish a similar credit quality standard in order to achieve the same limitation on risk as the credit rating it replaces. In particular, the amended standard is designed to limit BIDCOs to purchasing debt securities issued by investment companies or private funds of sufficiently high credit quality that they are likely to maintain a fairly stable market value and may be liquidated easily, as appropriate, for the BIDCO to support its investment and financing activities. Second, the subjective credit quality standard in amended rule 6a-5 may provide BIDCOs greater flexibility in determining the pool of eligible debt securities in which they may invest. Finally, the credit quality standard in new rule 6a-5 may further Congress' stated purpose of reducing reliance on ratings in the context of a BIDCO's purchase of certain debt securities.<SU>21</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>21</SU>
            <E T="03">See</E>Report of the House of Representatives Financial Services Committee to Accompany H.R. 4173, H. Rep. No. 111-517, at 871 (2010).</P>
        </FTNT>
        <P>We also recognize that BIDCOs may incur some costs as a result of the adoption of new rule 6a-5. These may be internal costs or costs to consult outside legal counsel to evaluate whether changes to any policies and procedures the BIDCOs may have currently for acquiring debt securities issued by investment companies or private funds may be appropriate in light of the new rule. We expect that, although not required by the Investment Company Act, as a matter of good business practice, directors or members of most BIDCOs that do not currently have them may prepare policies and procedures to make the credit quality and liquidity determinations required by the new rule. Staff estimates that BIDCOs will incur the costs of preparing the procedures for making determinations of credit quality and liquidity under the rule once, and directors and members of BIDCOs (or their delegates) will be able to follow these procedures for purposes of making future determinations under the rule. Commission staff estimated in the 2011 Proposing Release that each BIDCO would incur, on average, an initial one-time cost of $1000 to prepare policies and procedures and an average of $1000 in annual costs for making credit determinations with respect to the acquisition of debt securities.<SU>22</SU>
          <FTREF/>We received no comments on those estimates. We note however, that under rule 6a-5, in evaluating whether debt securities issued by investment companies and private funds present moderate credit risk, boards of directors and members of BIDCOs (or its or their delegates) can consider credit quality determinations prepared by outside sources, including NRSRO ratings, that they conclude are credible and reliable for purposes of making these determinations, and we anticipate that many BIDCOs that invest cash in these types of debt securities will continue to do so. We expect that the ability to consider outside assessments will help minimize the burden on BIDCOs and contribute to a BIDCO's ability to make consistent and reliable credit quality determinations. Nevertheless, we recognize that some BIDCO boards or members may choose to hire consultants to assist in developing procedures and to make or oversee the determinations. Staff estimated in the 2011 Proposing Release that the cost to hire such consultants would be, on average, $8000 for each BIDCO.<SU>23</SU>
          <FTREF/>We received no comments on this estimate.</P>
        <FTNT>
          <P>
            <SU>22</SU>
            <E T="03">See</E>2011 Proposing Release, supra note 4, at n.112. Staff does not have reliable data and is not aware of any databases that compile information regarding the number of existing BIDCOs. Moreover, we received no data from commenters. We note that some state regulators disclose the number of BIDCOs registered in the state on the regulators' Web sites. Of those that do, the number of registered BIDCOs ranges from one to 10.<E T="03">See, e.g.,</E>Louisiana Office of Financial Institutions at<E T="03">http://www.ofi.state.la.us/</E>(listing 10 BIDCOs in a directory of active BIDCOs); California Department of Financial Institutions at<E T="03">http://www.dfi.ca.gov/directory/bidco.asp</E>(listing one BIDCO in a directory of BIDCOs). We estimate that each BIDCO would incur on average a one-time burden of 4 hours for a senior business analyst (under board or member delegation) to develop policies and procedures for evaluating credit and liquidity risk (4 hours × $237 per hour = $948). The staff estimates that the internal cost for time spent by a senior business analyst is $237 per hour. This estimate, as well as other internal time cost estimates made in this analysis, are derived from SIFMA's Management and Professional Earnings in the Securities Industry 2011, modified by Commission staff to account for an 1800-hour work week and multiplied by 5.35 to account for bonuses, firm size, employee benefits and overhead. Commission staff believes that additional costs incurred by boards or members for review of procedures would be incorporated into BIDCOs' overall board or member costs and would not add any particular costs. In addition, Commission staff estimates that a BIDCO board or member is likely to delegate the credit risk determinations, and that such determinations would take on average 1 hour of a senior business analyst's time (at $237 per hour) to evaluate the credit quality for each of an average of four investment company or private fund debt securities that a BIDCO would purchase each year (4 hours × $237 per hour) for a total cost of $948 per year. Staff has calculated these estimates using an internal cost estimate for a business analyst's time that is updated from the one used in calculating the estimates in the 2011 Proposing Release.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>23</SU>
            <E T="03">See</E>2011 Proposing Release,<E T="03">supra</E>note 4, at n.114 and accompanying text. Staff estimates that a BIDCO may need up to 16 hours of consulting advice to assist in developing procedures and to make or oversee the proposed determinations. Staff estimates that this advice would cost a BIDCO $500 per hour based on an understanding of the rates typically charged by outside consulting firms resulting in an average cost of $8000 for each BIDCO.</P>
        </FTNT>

        <P>Adopting a new credit quality standard in place of the ratings requirement in section 6(a)(5)(A)(iv) of the Investment Company Act may result in other costs for BIDCOs and their investors. The minimum rating requirement in section 6(a)(5)(A)(iv) of the Act, before it was amended by the Dodd-Frank Act, established an objective standard that is easy to apply and may have limited BIDCOs from investing in securities that posed greater credit risks. The new rule instead requires BIDCO boards or members to assess credit quality by applying a subjective standard. We acknowledge that a BIDCO could invest in lower quality debt securities that it determines meets the standard in new rule 6a-5, and that it may be difficult for the Commission to challenge the determination of a BIDCO's directors or members (or their delegates). In addition, because credit quality assessments could differ across BIDCOs, the range of risk of investments may be broader than it is currently. We do not,<PRTPAGE P="70120"/>however, believe that the new rule is likely to lead BIDCOs to invest in riskier securities because the standard we are adopting is very similar to the standard articulated by the rating agencies for investment grade securities.<SU>24</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>24</SU>
            <E T="03">See</E>Moody's Investor Service, Ratings Symbols and Definitions (June 2012),<E T="03">http://www.moodys.com/researchdocumentcontentpage.aspx?docid=PBC_79004,</E>at 5 (“Obligations rated Baa are judged to be medium-grade and subject to moderate credit risk and as such may possess certain speculative characteristics.”); FitchRatings, Definitions of Ratings and Other Forms of Opinion (Apr. 2012),<E T="03">http://www.fitchratings.com/web_content/ratings/fitch_ratings_definitions_and_scales.pdf,</E>at 12 (“`BBB' ratings indicate that expectations of credit risk are currently low. The capacity for payment of financial commitments is considered adequate but adverse business or economic conditions are more likely to impair this capacity.”) The term “investment grade” is generally used to describe the categories `BBB' (or comparable) or above.<E T="03">See id.,</E>at 6.</P>
        </FTNT>
        <P>As part of our economic analysis, we considered alternatives to the standard that we are adopting in rule 6a-5. In particular, we considered including specific factors or tests that a fund board must apply in performing its credit analysis in the rule. As noted above, we believe that this alternative could function as a limit to a fund's credit quality analysis<SU>25</SU>
          <FTREF/>and thus might result in a less effective credit quality determination than a BIDCO would perform under the credit quality standard in the new rule, which could result in investments that expose the BIDCO to greater risk.</P>
        <FTNT>
          <P>
            <SU>25</SU>
            <E T="03">See supra</E>paragraph accompanying note 17.</P>
        </FTNT>
        <HD SOURCE="HD1">V. Final Regulatory Flexibility Analysis</HD>
        <P>The Commission has prepared the following Final Regulatory Flexibility Analysis (“FRFA”) in accordance with section 4(a) of the Regulatory Flexibility Act regarding new rule 6a-5, which we are adopting today to give effect to provisions of the Dodd-Frank Act.<SU>26</SU>
          <FTREF/>We prepared an Initial Regulatory Flexibility Analysis (“IRFA”) in conjunction with the 2011 Proposing Release in March 2011.<SU>27</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>26</SU>5 U.S.C. 604(a).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>27</SU>
            <E T="03">See</E>2011 Proposing Release,<E T="03">supra</E>note 4, at Section VIII.</P>
        </FTNT>
        <HD SOURCE="HD2">A. Need for and Objectives of the Rule and Form Amendments and New Rule</HD>
        <P>As described more fully in Sections I and II of this Release, the Commission is adopting new rule 6a-5 to set forth a standard of credit-worthiness for purposes of section 6(a)(5)(A)(iv) of the Investment Company Act, as anticipated by section 939(c) the Dodd Frank Act, which eliminates the investment grade standard from section 6(a)(5) of the Investment Company Act.</P>
        <HD SOURCE="HD2">B. Significant Issues Raised by Public Comment</HD>
        <P>In the Proposing Release, we requested comment on the IRFA. In particular, we sought comment on how many small entities would be subject to the proposed new rule and whether the effect of the proposed new rule on small entities subject to it would be economically significant. None of the comment letters we received specifically addressed the IRFA. None of the comment letters specifically addressed the effect of the new rule on small BIDCOs.</P>
        <HD SOURCE="HD2">C. Small Entities Subject to the Rule and Form Amendments and New Rule</HD>
        <P>New rule 6a-5 under the Investment Company Act would affect BIDCOs, including entities that are considered to be a small business or small organization (collectively, “small entity”) for purposes of the Regulatory Flexibility Act. Under the standards adopted by the Small Business Administration, small entities in the financial investment industry include entities with $7 million or less in annual receipts.<SU>28</SU>
          <FTREF/>We do not have any data and are not aware of any databases that compile information regarding how many BIDCOs would be small entities under this definition. We also did not receive any comments from BIDCOs.</P>
        <FTNT>
          <P>
            <SU>28</SU>13 CFR 121.201.</P>
        </FTNT>
        <HD SOURCE="HD2">D. Projected Reporting, Recordkeeping, and Other Compliance Requirements</HD>
        <P>Rule 6a-5 imposes no reporting, recordkeeping or other compliance requirements.</P>
        <HD SOURCE="HD2">E. Agency Action To Minimize Effect on Small Entities</HD>
        <P>The Regulatory Flexibility Act directs us to consider significant alternatives that would accomplish our stated objectives, while minimizing any significant adverse effect on small entities. In connection with the new rule, the Commission considered the following alternatives: (i) Establishing different compliance standards or timetables that take into account the resources available to small entities; (ii) clarifying, consolidating, or simplifying compliance and reporting requirements under the rule for small entities; (iii) use of performance rather than design standards; and (iv) exempting small entities from all or part of the requirements.</P>
        <P>We believe that special compliance or reporting requirements for small entities, or an exemption from coverage for small entities, is not appropriate or consistent with investor protection or section 939(c) of the Dodd-Frank Act, which rule 6a-5 implements. With respect to rule 6a-5, we believe that special compliance requirements or timetables for small entities, or an exemption from coverage for small entities, may create a risk that those BIDCOs could acquire debt securities that are not of sufficiently high credit quality that they would be likely to maintain a fairly stable market value or be liquidated easily, as we believe may have been intended for the BIDCO to support its long-term commitments. Further consolidation or simplification of rule 6a-5 for BIDCOs that are small entities is inconsistent with the Commission's goals of fostering investor protection. Finally, rule 6a-5 uses performance rather than design standards for determining the credit quality of specific debt securities.</P>
        <HD SOURCE="HD1">Statutory Authority</HD>
        <P>The Commission is adopting new rule 6a-5 under the authority set forth in section 38(a) of the Investment Company Act [15 U.S.C. 80a-37(a)] and section 939 of the Dodd-Frank Act, to be codified at section 6(a)(5)(A)(iv)(I) of the Investment Company Act [15 U.S.C. 80a-6(a)(5)(A)(iv)(I)].</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 17 CFR Part 270</HD>
          <P>Investment companies, Reporting and recordkeeping requirements, Securities.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Text of Rule</HD>
        <REGTEXT PART="270" TITLE="17">
          <PART>
            <HD SOURCE="HED">PART 270—RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940</HD>
          </PART>
          <AMDPAR>1. The authority citation for part 270 is amended by adding a sub-authority in numerical order to read as follows:</AMDPAR>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>15 U.S.C. 80a-1<E T="03">et seq.,</E>80a-34(d), 80a-37, and 80a-39, unless otherwise noted.</P>
          </AUTH>
        </REGTEXT>
        <REGTEXT PART="270" TITLE="17">
          <STARS/>
          <EXTRACT>
            
            <P>Section 270.6a-5 is also issued under 15 U.S.C. 80a-6(a)(5)(A)(iv)(I).</P>
          </EXTRACT>
          
          <STARS/>
          <AMDPAR>2. Section 270.6a-5 is added to read as follows:</AMDPAR>
          <SECTION>
            <SECTNO>§ 270.6a-5</SECTNO>
            <SUBJECT>Purchase of certain debt securities by companies relying on section 6(a)(5) of the Act.</SUBJECT>

            <P>For purposes of reliance on the exemption for certain companies under section 6(a)(5)(A) of the Act (15 U.S.C. 80a-6(a)(5)(A)), a company shall be deemed to have met the requirement for credit-worthiness of certain debt securities under section 6(a)(5)(A)(iv)(I) of the Investment Company Act (15 U.S.C. 80a-6(a)(5)(A)(iv)(I)) if, at the time of purchase, the board of directors<PRTPAGE P="70121"/>(or its delegate) determines or members of the company (or their delegate) determine that the debt security is:</P>
            <P>(a) Subject to no greater than moderate credit risk; and</P>
            <P>(b) Sufficiently liquid that it can be sold at or near its carrying value within a reasonably short period of time.</P>
          </SECTION>
        </REGTEXT>
        <SIG>
          <P>By the Commission.</P>
          
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Elizabeth M. Murphy,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28456 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <CFR>33 CFR Part 100</CFR>
        <DEPDOC>[Docket No. USCG-2012-0954]</DEPDOC>
        <SUBJECT>Special Local Regulation; Annual Marine Events on the Colorado River Between Davis Dam (Bullhead City, AZ) and Headgate Dam (Parker, AZ) Within the San Diego Captain of the Port Zone</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of enforcement of regulation.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Coast Guard will enforce special local regulations during the Lake Havasu City Boat Parade of Lights on December 01, 2012 from 5 p.m. to 9 p.m. This event occurs on Lake Havasu on the Bridgwater Channel. These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the regatta, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>The regulations in 33 CFR 100.1102 will be enforced on December 1, 2012 from 5 p.m. until 9 p.m.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this notice, call or email Petty Officer Bryan Gollogly, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email<E T="03">D11-PF-MarineEventsSanDiego@uscg.mil</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Coast Guard will enforce the special local regulations in 33 CFR 100.1102 in support of the Lake Havasu City Boat Parade of Lights (Item 10 on Table 1 of 33 CFR 100.1102). The Coast Guard will enforce the special local regulations between Thompson Bay and Windsor State Beach on December 01, 2012 from 5 p.m. to 9 p.m. The event will include approximately fifty powerboats and sailboats participating in a follow-the-leader style parade. The vessels will be decorated in Christmas lights according to a predetermined theme. The route will begin in Thompson Bay, proceed through the channel, make a large circle in Windsor bay, and return to Thompson Bay along the same route.</P>
        <P>Under the provisions of 33 CFR 100.1102, persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.</P>

        <P>This notice is issued under authority of 33 CFR 100.1102 and 5 U.S.C. 552(a). In addition to this notice in the<E T="04">Federal Register,</E>the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners, state, or local agencies.</P>
        <SIG>
          <DATED>Dated: November 5, 2012.</DATED>
          <NAME>S.M. Mahoney,</NAME>
          <TITLE>Captain of the Port San Diego, United States Coast Guard.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28395 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </RULE>
    <RULE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <CFR>40 CFR Part 52</CFR>
        <DEPDOC>[EPA-R05-OAR-2007-1102; EPA-R05-OAR-2008-0782; FRL-9753-7]</DEPDOC>
        <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; Ohio; PBR and PTIO</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Environmental Protection Agency (EPA).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Withdrawal of direct final rule.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Due to the approval of certain terms that were not meant to be approved, EPA is withdrawing the October 1, 2012 direct final rule approving a revision to the Ohio State Implementation Plan (SIP). EPA will address the revision in a subsequent final action based upon the proposed rulemaking action, which was also published on October 1, 2012. EPA does not expect to institute a second comment period on this action.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The direct final rule published at 77 FR 59751 on October 1, 2012, is withdrawn as of November 23, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Kaushal Gupta, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6803,<E T="03">gupta.kaushal@epa.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>EPA is withdrawing the October 1, 2012 direct final rule (77 FR 59751) approving six Permit-by-Rule (PBR) provisions, a Permit to Install and Operate (PTIO) program, two permanent exemptions from the Permit to Install (PTI) requirement and a general permit program as additions to Ohio's SIP. After publication of the direct final rule, it came to EPA's attention that the following had been inadvertently included in the rulemaking action:</P>
        <P>• The SIP revision classified municipal incinerators capable of charging more than 250 tons of refuse per day as having a major stationary source emission threshold of 100 tons per year or more. Ohio Administrative Code (OAC) 3745-31-01(LLL)(2)(ix).</P>
        <P>• The SIP revision allowed Director's discretion for complying with the public participation notification requirements for Federal Land Managers. OAC 3745-31-06(H)(2)(d).</P>
        <P>• The SIP revision allowed Director's discretion and specific exemptions with regard to preconstruction activities. OAC 3745-31-33.</P>
        <P>EPA did not intend to act on the above provisions when approving the PBR and PTIO rules and is therefore withdrawing the direct final rule. EPA will publish a subsequent final action based upon the proposed rulemaking action, also published on October 1, 2012 (77 FR 59879), that excludes the above provisions. EPA does not expect to institute a second comment period on this action.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
          <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.</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 8, 2012.</DATED>
          <NAME>Susan Hedman,</NAME>
          <TITLE>Regional Administrator, Region 5.</TITLE>
        </SIG>
        
        <REGTEXT PART="52" TITLE="40">
          
          <PART>
            <PRTPAGE P="70122"/>
            <HD SOURCE="HED">PART 52-—[AMENDED]</HD>

            <P>Accordingly, the amendments to 40 CFR 52.1870 published in the<E T="04">Federal Register</E>on October 1, 2012 (77 FR 59751) on pages 59754-59755 are withdrawn as of November 23, 2012.</P>
          </PART>
        </REGTEXT>
        
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28329 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </RULE>
  </RULES>
  <VOL>77</VOL>
  <NO>226</NO>
  <DATE>Friday, November 23, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <PRORULES>
    <PRORULE>
      <PREAMB>
        <PRTPAGE P="70123"/>
        <AGENCY TYPE="F">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <CFR>2 CFR Chapter XX</CFR>
        <CFR>5 CFR Chapter XLVIII</CFR>
        <CFR>10 CFR Chapter I</CFR>
        <DEPDOC>[NRC-2011-0246]</DEPDOC>
        <SUBJECT>Retrospective Review Under Executive Order 13579</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Plan for retrospective analysis of existing rules; request for comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Nuclear Regulatory Commission (NRC or the Commission) is making available its draft Plan for the retrospective analysis of its existing regulations. The draft Plan describes the processes and activities that the NRC uses to determine whether any of its regulations should be modified, streamlined, expanded, or repealed. This action is part of the NRC's voluntary implementation of Executive Order (E.O.) 13579, “Regulation and Independent Regulatory Agencies,” issued by the President on July 11, 2011. The NRC is requesting public comment on the draft Plan at this time. This request for comment is solely for information and program-planning purposes. The NRC will consider the comments submitted and may use them, as appropriate, in the preparation of a final retrospective review plan; however, the NRC does not anticipate responding to individual comments.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit comments by February 6, 2013. Comments received after this date will be considered if it is practical to do so, but the Commission is able to only ensure consideration only of comments received before this date. Requests for extension of the comment period will not be granted.</P>
        </EFFDATE>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>You may access information and comment submissions related to this draft plan, which the NRC possesses and is publicly available, by searching on<E T="03">http://www.regulations.gov</E>under Docket ID NRC-2011-0246. You may submit comments by 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-2011-0246. 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">Email comments to: Rulemaking.Comments@nrc.gov.</E>If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.</P>
          <P>•<E T="03">Fax comments to:</E>Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.</P>
          <P>•<E T="03">Mail comments to:</E>Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.</P>
          <P>•<E T="03">Hand deliver comments to:</E>11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.</P>

          <P>For additional direction on accessing information and submitting comments, see “Accessing Information and Submitting Comments” in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this document.</P>

          <P>The NRC's draft Plan may be viewed online on the NRC's Public Web site at the following locations: 1) On the NRC's Open Government Web page at<E T="03">http://www.nrc.gov/public-involve/open.html</E>(under the tabs entitled “Selected NRC Resources” and “Rulemaking”); and 2) on the NRC's plans, budget, and performance Web page at<E T="03">http://www.nrc.gov/about-nrc/plans-performance.html</E>). The NRC's draft Plan may also be viewed online at<E T="03">http://www.regulations.gov</E>.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-492-3667 or email:<E T="03">Cindy.Bladey@nrc.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">I. Accessing Information and Submitting Comments</HD>
        <HD SOURCE="HD2">A. Accessing Information</HD>
        <P>Please refer to Docket ID NRC-2011-0246 when contacting the NRC about the availability of information for this draft Plan. You may access information related to this action, which the NRC possesses and is publicly available, by 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-2011-0246.</P>
        <P>•<E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>You may access publicly available documents online in the NRC Library at<E T="03">http://www.nrc.gov/reading-rm/adams.html.</E>To begin the search, select “ADAMS Public Documents” and then select<E T="03">“Begin Web-based ADAMS Search.”</E>For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to<E T="03">pdr.resource@nrc.gov</E>. The NRC's draft Plan for public comment is in ADAMS under Accession No. ML12305A373.</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-2011-0246 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission available to the public in this docket.</P>

        <P>The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will 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 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 will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.</P>
        <HD SOURCE="HD1">II. Background</HD>

        <P>On January 18, 2011, President Obama issued E.O. 13563, “Improving<PRTPAGE P="70124"/>Regulation and Regulatory Review.” Executive Order 13563 directs Federal agencies to develop and submit a preliminary plan “under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.” Executive Order 13563 did not, however, apply to independent regulatory agencies. Subsequently, on July 11, 2011, the President issued E.O. 13579, which recommends that independent regulatory agencies also develop retrospective plans similar to those required of other agencies under E.O. 13563. In the spirit of cooperation, in November 2011, in response to E.O. 13579, the NRC made available an initial Plan on the NRC's Public Web site. The NRC has now updated its initial Plan and has created a draft Plan. The draft Plan is available at the following locations: (1) On the NRC's Open Government Web page at<E T="03">http://www.nrc.gov/public-involve/open.html</E>(under the tabs entitled “Selected NRC Resources” and “Rulemaking”); (2) on the NRC's plans, budget, and performance Web page at<E T="03">http://www.nrc.gov/about-nrc/plans-performance.html</E>); and (3) on<E T="03">http://www.regulations.gov</E>. The NRC is accepting public comment on this draft Plan.</P>
        <HD SOURCE="HD1">III. Plan for Retrospective Review</HD>
        <P>The NRC's draft Plan describes the NRC's processes and activities relating to retrospective review of existing regulations, including discussions of the: (1) Efforts to incorporate risk assessments into regulatory decisionmaking; (2) efforts to address the cumulative effects of regulation; (3) the NRC's methodology for prioritizing its rulemaking activities; (4) rulemaking initiatives arising out of the NRC's ongoing review of its regulations related to the recent events at the Fukushima Dai-ichi Nuclear Power Plant in Japan; and (5) the NRC's previous and ongoing efforts to update its regulations in a systematic, ongoing basis.</P>
        <SIG>
          <P>For the Nuclear Regulatory Commission.</P>
          
          <DATED>Dated at Rockville, Maryland, this 16th day of November 2012.</DATED>
          <NAME>Annette L. Vietti-Cook,</NAME>
          <TITLE>Secretary of the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28436 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </PRORULE>
    <PRORULE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
        <CFR>12 CFR Part 252</CFR>
        <DEPDOC>[Regulation YY; Docket No. OP-1452]</DEPDOC>
        <RIN>RIN 7100-AD-86</RIN>
        <SUBJECT>Policy Statement on the Scenario Design Framework for Stress Testing</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Board of Governors of the Federal Reserve System (Board).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Proposed policy statement with request for public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Board is requesting public comment on a policy statement on the approach to scenario design for stress testing that would be used in connection with the supervisory and company-run stress tests conducted under the Board's Regulations pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or Act) and the Board's capital plan rule.</P>
        </SUM>
        <EFFDATE>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received by February 15, 2013.</P>
        </EFFDATE>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Tim Clark, Senior Associate Director, (202) 452-5264, Lisa Ryu, Assistant Director, (202) 263-4833, or David Palmer, Senior Supervisory Financial Analyst, (202) 452-2904, Division of Banking Supervision and Regulation; Benjamin W. McDonough, Senior Counsel, (202) 452-2036, or Christine Graham, Senior Attorney, (202) 452-3099, Legal Division; or Andreas Lehnert, Deputy Director, (202) 452-3325, or Rochelle Edge, Adviser, (202) 452-2339, Office of Financial Stability Policy and Research.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Table of Contents</HD>
        <EXTRACT>
          <FP SOURCE="FP-2">I. Background</FP>
          <FP SOURCE="FP-2">II. Administrative Law Matters</FP>
          <FP SOURCE="FP1-2">A. Use of Plain Language</FP>
          <FP SOURCE="FP1-2">B. Paperwork Reduction Act Analysis</FP>
          <FP SOURCE="FP1-2">C. Regulatory Flexibility Act Analysis</FP>
        </EXTRACT>
        <HD SOURCE="HD1">I. Background</HD>
        <P>Stress testing is a tool that helps both bank supervisors and a banking organization measure the sufficiency of capital available to support the banking organization's operations throughout periods of stress.<SU>1</SU>
          <FTREF/>The Board and the other federal banking agencies previously have highlighted the use of stress testing as a means to better understand the range of a banking organization's potential risk exposures.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>A full assessment of a company's capital adequacy must take into account a range of risk factors, including those that are specific to a particular industry or company.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">See, e.g., Supervisory Guidance on Stress Testing for Banking Organizations With More Than $10 Billion in Total Consolidated Assets,</E>77 FR 29458 (May 17, 2012), available at<E T="03">http://www.federalreserve.gov/bankinforeg/srletters/sr1207a1.pdf;</E>Supervision and Regulation Letter SR 10-6,<E T="03">Interagency Policy Statement on Funding and Liquidity Risk Management</E>(March 17, 2010), available at<E T="03">http://www.federalreserve.gov/boarddocs/srletters/2010/sr1006a1.pdf;</E>Supervision and Regulation Letter SR 10-1,<E T="03">Interagency Advisory on Interest Rate Risk</E>(January 11, 2010), available at<E T="03">http://www.federalreserve.gov/boarddocs/srletters/2010/SR1001.pdf;</E>Supervision and Regulation Letter SR 09-4,<E T="03">Applying Supervisory Guidance and Regulations on the Payment of Dividends, Stock Redemptions, and Stock Repurchases at Bank Holding Companies</E>(revised March 27, 2009), available at<E T="03">http://www.federalreserve.gov/boarddocs/srletters/2009/SR0904.htm;</E>Supervision and Regulation Letter SR 07-1,<E T="03">Interagency Guidance on Concentrations in Commercial Real Estate</E>(Jan. 4, 2007), available at<E T="03">http://www.federalreserve.gov/boarddocs/srletters/2007/SR0701.htm;</E>Supervision and Regulation Letter SR 12-7,<E T="03">Supervisory Guidance on Stress Testing for Banking Organizations with More Than $10 Billion in Total Consolidated Assets</E>(May 14, 2012), available at<E T="03">http://www.federalreserve.gov/bankinforeg/srletters/sr1207.htm;</E>Supervision and Regulation Letter SR 99-18,<E T="03">Assessing Capital Adequacy in Relation to Risk at Large Banking Organizations and Others with Complex Risk Profiles</E>(July 1, 1999), available at<E T="03">http://www.federalreserve.gov/boarddocs/srletters/1999/SR9918.htm; Supervisory Guidance: Supervisory Review Process of Capital Adequacy (Pillar 2) Related to the Implementation of the Basel II Advanced Capital Framework,</E>73 FR 44620 (July 31, 2008);<E T="03">The Supervisory Capital Assessment Program: SCAP Overview of Results</E>(May 7, 2009), available at<E T="03">http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20090507a1.pdf;</E>and<E T="03">Comprehensive Capital Analysis and Review: Objectives and Overview</E>(Mar. 18, 2011), available at<E T="03">http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20110318a1.pdf.</E>
          </P>
        </FTNT>
        <P>In particular, as part of its effort to stabilize the U.S. financial system during the 2007-2009 financial crisis, the Board and the Federal Reserve banks, along with other federal financial regulatory agencies, conducted stress tests of large, complex bank holding companies through the Supervisory Capital Assessment Program (SCAP). The SCAP was a forward-looking exercise designed to estimate revenue, losses, and capital needs under an adverse economic and financial market scenario. By looking at the broad capital needs of the financial system and the specific needs of individual companies, these stress tests provided valuable information to market participants, reduced uncertainty about the financial condition of the participating bank holding companies under a scenario that was more adverse than that which was anticipated to occur at the time, and had an overall stabilizing effect.</P>

        <P>Building on the SCAP and other supervisory work coming out of the crisis, the Board initiated the annual Comprehensive Capital Analysis and Review (CCAR) in late 2010 to assess the capital adequacy and the internal capital planning processes of the same large, complex bank holding companies<PRTPAGE P="70125"/>that participated in SCAP and to incorporate stress testing as part of the Board's regular supervisory program for assessing capital adequacy and capital planning practices at these large bank holding companies. The CCAR represents a substantial strengthening of previous approaches to assessing capital adequacy and promotes thorough and robust processes at large banking organizations for measuring capital needs and for managing and allocating capital resources. The CCAR focuses on the risk measurement and management practices supporting organizations' capital adequacy assessments, including their ability to deliver credible inputs to their loss estimation techniques, as well as the governance processes around capital planning practices. On November 22, 2011, the Board issued an amendment (capital plan rule) to its Regulation Y to require all U.S. bank holding companies with total consolidated assets of $50 billion or more to submit annual capital plans to the Board to allow the Board to assess whether they have robust, forward-looking capital planning processes and have sufficient capital to continue operations throughout times of economic and financial stress.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>
            <E T="03">See</E>Capital Plans, 76 FR 74631 (Dec. 1, 2011) (codified at 12 CFR 225.8).</P>
        </FTNT>
        <P>In the wake of the financial crisis, Congress enacted the Dodd-Frank Act, which requires the Board to implement enhanced prudential supervisory standards, including requirements for stress tests, for covered companies to mitigate the threat to financial stability posed by these institutions.<SU>4</SU>
          <FTREF/>Section 165(i)(1) of the Dodd-Frank Act requires the Board to conduct an annual stress test of each bank holding company with total consolidated assets of $50 billion or more and each nonbank financial company that the Council has designated for supervision by the Board (covered company) to evaluate whether the covered company has sufficient capital, on a total consolidated basis, to absorb losses as a result of adverse economic conditions (supervisory stress tests).<SU>5</SU>
          <FTREF/>The Act requires that the supervisory stress test provide for at least three different sets of conditions—baseline, adverse, and severely adverse conditions—under which the Board would conduct its evaluation. The Act also requires the Board to publish a summary of the supervisory stress test results.</P>
        <FTNT>
          <P>
            <SU>4</SU>
            <E T="03">See</E>section 165(i) of the Dodd-Frank Act; 12 U.S.C. 5365(i).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>12 U.S.C. 5365(i)(1).</P>
        </FTNT>
        <P>In addition, section 165(i)(2) of the Dodd-Frank Act requires the Board to issue regulations that require covered companies to conduct stress tests semi-annually and require financial companies with total consolidated assets of more than $10 billion that are not covered companies and for which the Board is the primary federal financial regulatory agency to conduct stress tests on an annual basis (collectively, company-run stress tests).<SU>6</SU>
          <FTREF/>The Board issued final rules implementing the stress test requirements of the Act on October 12, 2012 (stress test rules).<SU>7</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>12 U.S.C. 5365(i)(2).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>77 FR 62398 (October 12, 2012); 12 CFR part 252, subparts F-H.</P>
        </FTNT>
        <P>The Board's stress test rules provide that the Board will notify covered companies, by no later than November 15 of each year of a set of conditions (each set, a scenario), it will use to conduct its annual supervisory stress tests.<SU>8</SU>
          <FTREF/>The rules further establish that the Board will provide, also by no later than November 15, covered companies and other banking organizations subject to the final rule the scenarios they must use to conduct their annual company-run stress tests.<SU>9</SU>
          <FTREF/>Under the stress test rules, the Board may require certain companies to use additional components in the adverse or severely adverse scenario or additional scenarios.<SU>10</SU>
          <FTREF/>For example, the Board expects to require large banking organizations with significant trading activities to include global market shock components (described in the following sections) in their adverse and severely adverse scenarios. The Board will provide any additional components or scenarios by no later than December 1 of each year.<SU>11</SU>
          <FTREF/>The Board expects that the scenarios it will require the companies to use will be the same as those the Board will use to conduct its supervisory stress tests (together, stress test scenarios).</P>
        <FTNT>
          <P>
            <SU>8</SU>
            <E T="03">See id.;</E>12 CFR 252.134(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>
            <E T="03">See id.;</E>12 CFR 252.144(b), 154(b). The annual company-run stress tests use data as of September 30 of each calendar year.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>12 CFR 252.144(b), 154(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <P>Stress tests required under the stress test rules and under the Board's capital plan rule require the Board and financial institutions to calculate pro-forma capital levels—rather than “current” or actual levels—over a specified planning horizon under baseline and stressed scenarios. This approach integrates key lessons of the 2007-2009 financial crisis into the Board's supervisory framework. In the financial crisis, investor and counterparty confidence in the capitalization of financial institutions eroded rapidly in the face of changes in the current and expected economic and financial conditions, and this loss in market confidence imperiled institutions' ability to access funding, continue operations, serve as a credit intermediary, and meet obligations to creditors and counterparties. Importantly, such a loss in confidence occurred even when a financial institution's capital ratios exceeded the regulatory minimums. This is because the institution's capital ratios were perceived as lagging indicators of its financial condition, particularly when conditions were changing.</P>
        <P>The stress tests required under the stress test rules and capital plan rule are a valuable supervisory tool that provides a forward-looking assessment of large financial institutions' capital adequacy under hypothetical economic and financial market conditions. Currently, these stress tests primarily focus on credit risk and market risk—that is, risk of mark-to-market losses associated with firms' trading and counterparty positions—and not on other types of risk, such as liquidity risk or operational risk unrelated to the macroeconomic environment. Pressures stemming from these sources are considered in separate supervisory exercises. No single supervisory tool, including the stress tests, can provide an assessment of an institution's ability to withstand every potential source of risk.</P>
        <P>Selecting appropriate scenarios is an especially significant consideration for stress tests required under the capital plan rule, which ties the review of a bank holding company's performance under stress scenarios to its ability to make capital distributions. More severe scenarios, all other things being equal, generally translate into larger projected declines in a company's capital. Thus, a company would need more capital today to meet its minimum capital requirements in more stressful scenarios and have the ability to continue making capital distributions, such as common dividend payments. This translation is far from mechanical; it will depend on factors that are specific to a given company, such as underwriting standards and the banking organization's business model, which would also greatly affect projected revenue, losses, and capital.</P>

        <P>To enhance the transparency of the scenario design process, the Board is requesting public comment on a proposed policy statement (Policy Statement) that would be used to develop scenarios for annual supervisory and company-run stress tests under the stress testing rules<PRTPAGE P="70126"/>issued under the Act and the capital plan rule. The Board plans to develop the annual set of scenarios, as outlined below, in consultation with the Office of the Comptroller of the Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) to reduce the burden that could arise from having the agencies establish inconsistent scenarios.</P>
        <P>The proposed Policy Statement outlines the characteristics of the stress test scenarios and explains the considerations and procedures that underlie the formulation of these scenarios. The considerations and procedures described in this policy statement would apply to the Board's stress testing framework, including to the stress tests required under 12 CFR part 252, subparts F, G, and H, as well as the Board's capital plan rule (12 CFR 225.8). The Board may determine that material modifications to the Policy Statement would be appropriate if the supervisory stress test framework expands materially to include additional components or other scenarios that are currently not captured.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>12</SU>Before requiring a company to include additional components or other scenarios in its company-run stress tests, the Board would follow the notice procedures set forth in the stress test rules.<E T="03">See</E>12 CFR 252.144(b), 154(b).</P>
        </FTNT>
        <P>Although the Board does not envision that the approach used to develop scenarios would change from year to year, the characteristics of the scenarios provided to companies would reflect changes in the outlook for economic and financial conditions and changes to specific risks or vulnerabilities that the Board, in consultation with the other federal banking agencies, determines should be considered in the annual stress tests. The stress test scenarios should not be regarded as forecasts; rather, they are hypothetical paths of economic variables that would be used to assess the strength and resilience of the companies' capital in various economic and financial environments.</P>
        <P>The proposed Policy Statement is organized as follows. Section 1 provides background on the proposed Policy Statement. Section 2 is an outline of the proposed Policy Statement and describes its scope. Section 3 provides a broad description of the baseline, adverse, and severely adverse scenarios and describes the types of variables that the Board expects to include in the macro scenarios and the market shock component of the stress test scenarios applicable to firms with significant trading activity.<SU>13</SU>
          <FTREF/>The proposed approach for the macro scenarios differs considerably from that for the market shocks, and, therefore, they are described separately. Section 4 describes the Board's proposed approach for developing the macro scenarios, and section 5 describes the proposed approach for the market shock components. Section 6 describes the relationship between the macro scenario and the market shock components. Section 7 provides a timeline for the formulation and publication of the macroeconomic assumptions and market shocks.</P>
        <FTNT>
          <P>
            <SU>13</SU>Currently, the firms subject to the market shock component include the six bank holding companies that are subject to the market risk rule and have total consolidated assets greater than $500 billion, as reported on their FR Y-9C. However, the set of companies subject to the market shock could change over time as the size, scope, and complexity of the banking organization's trading activities evolve.</P>
        </FTNT>
        <P>Consistent with the stress testing rules and the Act, the Board will issue a minimum of three different scenarios, including baseline, adverse, and severely adverse scenarios, for use under the stress test rules. Specific circumstances or vulnerabilities, over which the Board determines, in any given year, require particular vigilance to ensure the resilience of the banking sector, will be captured in either the adverse or severely adverse scenarios. A greater number of scenarios could be needed in some years—for example, because the Board identifies a large number of unrelated and uncorrelated but nonetheless significant risks.</P>
        <P>While the Board generally expects to use the same scenarios for all companies subject to the stress testing rules, it may require a subset of companies—depending on a company's financial condition, size, complexity, risk profile, scope of operations, or activities, or risks to the U.S. economy—to include additional scenario components or additional scenarios that are designed to capture different effects of adverse events on revenue, losses, and capital. One example of such components is the market shock that applies only to trading companies. Additional components or scenarios may also include other stress factors that may not necessarily be directly correlated to macroeconomic or financial assumptions but nevertheless can materially affect companies' risks, such as the unexpected default of a major counterparty.</P>
        <P>Early in each stress testing cycle, the Board plans to publish the macro scenarios along with a brief narrative summary that explains how these scenarios have changed relative to the previous year. In cases where scenarios are modified to reflect particular risks and vulnerabilities, the narrative would also explain the underlying motivation for these changes. The Board also plans to release a broad description of the market shock component.</P>
        <P>The Board seeks comment on all aspects of the proposed Policy Statement. The Board notes that it will not revise the baseline, adverse, and severely adverse scenarios or market shock component that were recently issued under the Board's stress test rules and the capital plan rule for CCAR 2013 in light of any comments on the proposed policy statement but will consider the comments in developing future macro scenarios.</P>
        <P>
          <E T="03">Question 1.</E>In what ways could the Board improve its approach to scenario design? What additional economic or financial variables should the Board consider in developing scenarios?</P>
        <P>
          <E T="03">Question 2.</E>In addition to the trading shock, what additional components should the Board include in its stress testing framework? What additional scenarios should the Board consider using in connection with the stress testing framework?</P>
        <P>
          <E T="03">Question 3.</E>The policy statement proposes a number of different methods for developing the adverse scenarios. What additional ways might the Board consider specifying the adverse scenario?</P>
        <P>
          <E T="03">Question 4.</E>Does the approach for specifying the severely adverse scenarios—specifically, that of featuring a severe recession along with any salient risks to the economic and financial outlook—capture the relevant macroeconomic risks that firms face? Should there be additional features added to the scenario, either in specific circumstances or more generally?</P>
        <HD SOURCE="HD1">II. Administrative Law Matters</HD>
        <HD SOURCE="HD2">A. Use of Plain Language</HD>
        <P>Section 722 of the Gramm-Leach-Bliley Act (Pub. L. 106-102, 113 Stat. 1338, 1471, 12 U.S.C. 4809) requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The Board has sought to present the proposed rule in a simple and straightforward manner, and invites comment on the use of plain language.</P>
        <HD SOURCE="HD2">B. Paperwork Reduction Act Analysis</HD>

        <P>In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), the Board has reviewed the proposed policy statement to assess any information collections. There are no collections of information as defined by the Paperwork Reduction Act in the proposal.<PRTPAGE P="70127"/>
        </P>
        <HD SOURCE="HD2">C. Regulatory Flexibility Act Analysis</HD>

        <P>In accordance with section 3(a) of the Regulatory Flexibility Act (RFA), the Board is publishing an initial regulatory flexibility analysis of the proposed policy statement. The RFA, 5 U.S.C. 601<E T="03">et seq.,</E>requires each federal agency to prepare an initial regulatory flexibility analysis in connection with the promulgation of a proposed rule, or certify that the proposed rule will not have a significant economic impact on a substantial number of small entities.<SU>14</SU>
          <FTREF/>The RFA requires an agency either to provide an initial regulatory flexibility analysis with a proposed rule for which a general notice of proposed rulemaking is required or to certify that the proposed rule will not have a significant economic impact on a substantial number of small entities. Based on its analysis and for the reasons stated below, the Board believes that the proposed policy statement will not have a significant economic impact on a substantial number of small entities.</P>
        <FTNT>
          <P>
            <SU>14</SU>
            <E T="03">See</E>5 U.S.C. 603, 604 and 605.</P>
        </FTNT>
        <P>Under regulations issued by the Small Business Administration (SBA), a “small entity” includes those firms within the “Finance and Insurance” sector with asset sizes that vary from $7 million or less in assets to $175 million or less in assets.<SU>15</SU>
          <FTREF/>The Board believes that the Finance and Insurance sector constitutes a reasonable universe of firms for these purposes because such firms generally engage in actives that are financial in nature. Consequently, bank holding companies or nonbank financial companies with assets sizes of $175 million or less are small entities for purposes of the RFA.</P>
        <FTNT>
          <P>
            <SU>15</SU>13 CFR 121.201.</P>
        </FTNT>
        <P>As discussed in the<E T="02">SUPPLEMENTARY INFORMATION</E>, the proposed policy statement generally would affect the scenario design framework used in regulations that apply to bank holding companies with $50 billion or more in total consolidated assets and nonbank financial companies that the Council has determined under section 113 of the Dodd-Frank Act must be supervised by the Board and for which such determination is in effect. Companies that are affected by the proposed policy statement therefore substantially exceed the $175 million asset threshold at which a banking entity is considered a “small entity'” under SBA regulations.<SU>16</SU>
          <FTREF/>The proposed policy statement would affect a nonbank financial company designated by the Council under section 113 of the Dodd-Frank Act regardless of such a company's asset size. Although the asset size of nonbank financial companies may not be the determinative factor of whether such companies may pose systemic risks and would be designated by the Council for supervision by the Board, it is an important consideration.<SU>17</SU>
          <FTREF/>It is therefore unlikely that a financial firm that is at or below the $175 million asset threshold would be designated by the Council under section 113 of the Dodd-Frank Act because material financial distress at such firms, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, are not likely to pose a threat to the financial stability of the United States.</P>
        <FTNT>
          <P>

            <SU>16</SU>The Dodd-Frank Act provides that the Board may, on the recommendation of the Council, increase the $50 billion asset threshold for the application of certain of the enhanced standards.<E T="03">See</E>12 U.S.C. 5365(a)(2)(B). However, neither the Board nor the Council has the authority to lower such threshold.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>17</SU>
            <E T="03">See</E>76 FR 4555 (January 26, 2011).</P>
        </FTNT>
        <P>As noted above, because the proposed policy statement is not likely to apply to any company with assets of $175 million or less, if adopted in final form, it is not expected to affect any small entity for purposes of the RFA. The Board does not believe that the proposed policy statement duplicates, overlaps, or conflicts with any other Federal rules. In light of the foregoing, the Board does not believe that the proposed policy statement, if adopted in final form, would have a significant economic impact on a substantial number of small entities supervised. Nonetheless, the Board seeks comment on whether the proposed policy statement would impose undue burdens on, or have unintended consequences for, small organizations, and whether there are ways such potential burdens or consequences could be minimized in a manner consistent its purpose.</P>
        <LSTSUB>
          <HD SOURCE="HED">List of Subjects in 12 CFR Part 252</HD>
          <P>Administrative practice and procedure, Banks, Banking, Federal Reserve System, Holding companies, Nonbank Financial Companies Supervised by the Board, Reporting and recordkeeping requirements, Securities, Stress Testing.</P>
        </LSTSUB>
        <HD SOURCE="HD1">Authority and Issuance</HD>
        <P>For the reasons stated in the<E T="02">SUPPLEMENTARY INFORMATION</E>, the Board of Governors of the Federal Reserve System proposes to add the Policy Statement as set forth at the end of the<E T="02">SUPPLEMENTARY INFORMATION</E>as part 252 to 12 CFR chapter II as follows:</P>
        <PART>
          <HD SOURCE="HED">PART 252—ENHANCED PRUDENTIAL STANDARDS (Regulation YY)</HD>
          <P>1. The authority citation for part 252 would continue to read as follows:</P>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>12 U.S.C. 321-338a, 1467a(g), 1818, 1831p-1, 1844(b), 1844(c), 5361, 5365, 5366.</P>
          </AUTH>
          
          <P>2. Appendix A to part 252 would be added to read as follows:</P>
          <APPENDIX>
            <HD SOURCE="HED">Appendix A—Policy Statement on the Scenario Design Framework for Stress Testing</HD>
            <HD SOURCE="HD1">1. Background</HD>
            <P>The Board has imposed stress testing requirements through its regulations implementing section 165(i) of the Dodd-Frank Act (stress test rules) and through its capital plan rule (12 CFR 225.8). Under the stress test rules issued under section 165(i)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or Act), the Board conducts an annual stress test (supervisory stress tests), on a consolidated basis, of each bank holding company with total consolidated assets of $50 billion or more and each nonbank financial company that the Financial Stability Oversight Council has designated for supervision by the Board (together, covered companies).<SU>18</SU>
              <FTREF/>In addition, under the stress test rules issued under section 165(i)(2) of the Act, covered companies must conduct stress tests semi-annually and other financial companies with total consolidated assets of more than $10 billion and for which the Board is the primary regulatory agency must conduct stress tests on an annual basis (together company-run stress tests).<SU>19</SU>
              <FTREF/>The Board will provide for at least three different sets of conditions (each set, a scenario), including baseline, adverse, and severely adverse scenarios for both supervisory and company-run stress tests.<SU>20</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>18</SU>12 U.S.C. 5365(i)(1); 77 FR 62378 (October 12, 2012), to be codified at  12 CFR part 252, subpart F.</P>
            </FTNT>
            <FTNT>
              <P>
                <SU>19</SU>12 U.S.C. 5365(i)(2); 77 FR 62378, 62396 (October 12, 2012), to be codified at 12 CFR part 252, subparts G and H.</P>
            </FTNT>
            <FTNT>
              <P>

                <SU>20</SU>The stress test rules define scenarios as “those sets of conditions that affect the U.S. economy or the financial condition of a [company] that the Board annually determines are appropriate for use in stress tests, including, but not limited to, baseline, adverse, and severely adverse scenarios.” The stress test rules define baseline scenario as a “set of conditions that affect the U.S. economy or the financial condition of a company and that reflect the consensus views of the economic and financial outlook.” The stress test rules define adverse scenario a “set of conditions that affect the U.S. economy or the financial condition of a company that are more adverse than those associated with the baseline scenario and may include trading or other additional components.” The stress test rules define severely adverse scenario as a “set of conditions that affect the U.S. economy or the financial condition of a company and that overall are more severe than those associated with the adverse scenario and may include trading or other additional components.”<E T="03">See</E>12 CFR 252.132(a), (d), (m), and (n); 12 CFR 252.142(a), (d), (o), and (p); 12 CFR 252.152(a), (e), (o), and (p).</P>
            </FTNT>
            <PRTPAGE P="70128"/>
            <P>The stress test rules provide that the Board will notify covered companies by no later than November 15 of each year scenarios it will use to conduct its annual supervisory stress tests and provide, also by no later than November 15, covered companies and other banking organizations subject to the final rules the set of scenarios they must use to conduct their annual company-run stress tests.<SU>21</SU>
              <FTREF/>Under the stress test rules, the Board may require certain companies to use additional components in the adverse or severely adverse scenario or additional scenarios.<SU>22</SU>
              <FTREF/>For example, the Board expects to require large banking organizations with significant trading activities to include a global market shock component (described in the following sections) in their adverse and severely adverse scenarios. The Board will provide any additional components or scenario by no later than December 1 of each year.<SU>23</SU>
              <FTREF/>The Board expects that the scenarios it will require the companies to use will be the same as those the Board will use to conduct its supervisory stress tests (together, stress test scenarios).</P>
            <FTNT>
              <P>
                <SU>21</SU>12 CFR 252.144(b), 12 CFR 252.154(b). The annual company-run stress tests use data as of September 30 of each calendar year.</P>
            </FTNT>
            <FTNT>
              <P>
                <SU>22</SU>12 CFR 252.144(b), 154(b).</P>
            </FTNT>
            <FTNT>
              <P>
                <SU>23</SU>
                <E T="03">Id.</E>
              </P>
            </FTNT>
            <P>In addition, section 225.8 of the Board's Regulation Y (capital plan rule) requires all U.S. bank holding companies with total consolidated assets of $50 billion or more to submit annual capital plans, including stress test results, to the Board to allow the Board to assess whether they have robust, forward-looking capital planning processes and have sufficient capital to continue operations throughout times of economic and financial stress.<SU>24</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>24</SU>
                <E T="03">See</E>Capital plans, 76 FR 74631 (Dec. 1, 2011) (codified at 12 CFR 225.8).</P>
            </FTNT>
            <P>Stress tests required under the stress test rules and under the capital plan rule require the Board and banking organizations to calculate pro-forma capital levels—rather than “current” or actual levels—over a specified planning horizon under baseline and stressful scenarios. This approach integrates on key lessons of the 2007-2009 financial crisis into the Board's supervisory framework. During the financial crisis, investor and counterparty confidence in the capitalization of financial institutions eroded rapidly in the face of changes in the current and expected economic and financial conditions, and this loss in market confidence imperiled institutions' ability to access funding, continue operations, serve as a credit intermediary, and meet obligations to creditors and counterparties. Importantly, such a loss in confidence occurred even when a financial institution's capital ratios were in excess of regulatory minimums. This is because the institution's capital ratios were perceived as lagging indicators of its financial condition, particularly when conditions were changing.</P>
            <P>The stress tests required under the stress test rules and capital plan rule are a valuable supervisory tool that provides a forward-looking assessment of large financial institutions' capital adequacy under hypothetical economic and financial market conditions. Currently, these stress tests primarily focus on credit risk and market risk—that is, risk of mark-to-market losses associated with firms' trading and counterparty positions—and not on other types of risk, such as liquidity risk or operational risk unrelated to the macroeconomic environment. Pressures stemming from these sources are considered in separate supervisory exercises. No single supervisory tool, including the stress tests, can provide an assessment of an institution's ability to withstand every potential source of risk.</P>
            <P>Selecting appropriate scenarios is an especially significant consideration, for stress tests required under the capital plan rule, which ties the review of a bank holding company's performance under stress scenarios to its ability to make capital distributions. More severe scenarios, all other things being equal, generally translate into larger projected declines in banks' capital. Thus, a company would need more capital today to meet its minimum capital requirements in more stressful scenarios and have the ability to continue making capital distributions, such as common dividend payments. This translation is far from mechanical; it will depend on factors that are specific to a given company, such as underwriting standards and the company's business model, which would also greatly affect projected revenue, losses, and capital.</P>
            <HD SOURCE="HD1">2. Overview and Scope</HD>
            <P>This policy statement provides more detail on the characteristics of the stress test scenarios and explains the considerations and procedures that underlie the approach for formulating these scenarios. The considerations and procedures described in this policy statement apply to the Board's stress testing framework, including to the stress tests required under 12 CFR part 252, subparts F, G, and H, as well as the Board's capital plan rule (12 CFR 225.8).<SU>25</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>25</SU>The Board may determine that modifications to the approach are appropriate, for instance, to address a broader range of risks, such as, operational risk.</P>
            </FTNT>
            <P>Although the Board does not envision that the broad approach used to develop scenarios will change from year to year, the stress test scenarios will reflect changes in the outlook for economic and financial conditions and changes to specific risks or vulnerabilities that the Board, in consultation with the other federal banking agencies, determines should be considered in the annual stress tests. The stress test scenarios should not be regarded as forecasts; rather, they are hypothetical paths of economic variables that will be used to assess the strength and resilience of the companies' capital in various economic and financial environments.</P>
            <P>The remainder of this policy statement is organized as follows. Section 3 provides a broad description of the baseline, adverse, and severely adverse scenarios and describes the types of variables that the Board expects to include in the macro scenarios and the market shock component of the stress test scenarios applicable to firms with significant trading activity. Section 4 describes the Board's approach for developing the macro scenarios, and section 5 describes the approach for the market shocks. Section 6 describes the relationship between the macro scenario and the market shock components. Section 7 provides a timeline for the formulation and publication of the macroeconomic assumptions and market shocks.</P>
            <HD SOURCE="HD1">3. Content of the Stress Test Scenarios</HD>
            <P>The Board will publish a minimum of three different scenarios, including baseline, adverse, and severely adverse conditions, for use in stress tests required in the stress test rules.<SU>26</SU>
              <FTREF/>In general, the Board anticipates that it will not issue additional scenarios. Specific circumstances or vulnerabilities that in any given year the Board determines require particular vigilance to ensure the resilience of the banking sector will be captured in either the adverse or severely adverse scenarios. A greater number of scenarios could be needed in some years—for example, because the Board identifies a large number of unrelated and uncorrelated but nonetheless significant risks.</P>
            <FTNT>
              <P>
                <SU>26</SU>12 CFR 252.134(b), 12 CFR 252.144(b), 12 CFR 252.154(b).</P>
            </FTNT>
            <P>While the Board generally expects to use the same scenarios for all companies subject to the final rule, it may require a subset of companies—depending on a company's financial condition, size, complexity, risk profile, scope of operations, or activities, or risks to the U.S. economy—to include additional scenario components or additional scenarios that are designed to capture different effects of adverse events on revenue, losses, and capital. One example of such components is the market shock that applies only to companies with significant trading activity. Additional components or scenarios may also include other stress factors that may not necessarily be directly correlated to macroeconomic or financial assumptions but nevertheless can materially affect companies' risks, such as the unexpected default of a major counterparty.</P>
            <P>Early in each stress testing cycle, the Board plans to publish the macro scenarios along with a brief narrative summary that explains how these scenarios have changed relative to the previous year. In cases where scenarios are changed to reflect particular risks and vulnerabilities, the narrative will also explain the underlying motivation for these changes. The Board also plans to release a broad description of the market shock components.</P>
            <HD SOURCE="HD1">3.1Macro Scenarios</HD>
            <P>The macro scenarios will consist of the future paths of a set of economic and financial variables.<SU>27</SU>
              <FTREF/>The economic and financial variables included in the scenarios will likely comprise those included in the 2012 Comprehensive Capital Analysis and Review (CCAR).<SU>28</SU>
              <FTREF/>The domestic U.S.<PRTPAGE P="70129"/>variables provided for in the 2012 CCAR included:</P>
            <FTNT>
              <P>
                <SU>27</SU>The future path of a variable refers to its specification over a given time period. For example, the path of unemployment can be described in percentage terms on a quarterly basis over the stress testing time horizon.</P>
            </FTNT>
            <FTNT>
              <P>
                <SU>28</SU>
                <E T="03">See</E>Appendix III of the 2012 CCAR Instructions and Guidance<E T="03">(www.federalreserve.gov/newsevents/press/bcreg/bcreg20111122d1.pdf)</E>.</P>
            </FTNT>
            <P>• Five measures of economic activity and prices: real and nominal gross domestic product (GDP) growth, the unemployment rate of the civilian non-institutional population aged 16 and over, nominal disposable personal income growth, and the Consumer Price Index (CPI) inflation rate;</P>
            <P>• Four measures of developments in equity and property markets: The Core Logic National House Price Index, the National Council for Real Estate Investment Fiduciaries Commercial Real Estate Price Index, the Dow Jones Total Stock Market Index, and the Chicago Board Options Exchange Market Volatility Index; and</P>
            <P>• Four measures of interest rates: the rate on the three-month Treasury bill, the yield on the 10-year Treasury bond, the yield on a 10-year BBB corporate security, and the interest rate associated with a conforming, conventional, fixed-rate, 30-year mortgage.</P>
            <P>The international variables provided for in the 2012 CCAR included, for the euro area, the United Kingdom, developing Asia, and Japan:</P>
            <P>• Percent change in real GDP;</P>
            <P>• Percent change in the Consumer Price Index or local equivalent; and</P>
            <P>• The U.S./foreign currency exchange rate.<SU>29</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>29</SU>The Board may increase the range of countries or regions included in future scenarios, as appropriate.</P>
            </FTNT>
            <P>The economic variables included in the scenarios influence key items affecting banking organizations' net income, including pre-provision net revenue and credit losses on loans and securities. Moreover, these variables exhibit fairly typical trends in adverse economic climates that can have unfavorable implications for banks' net income and, thus, capital positions.</P>

            <P>The economic variables included in the scenario may change over time. For example, the Board may add variables to a scenario if the international footprint of companies that are subject to the stress testing rules changed notably over time such that the variables already included in the scenario no longer sufficiently capture the material risks of these companies. Alternatively, historical relationships between macroeconomic variables could change over time such that one variable (<E T="03">e.g.,</E>disposable personal income growth) that previously provided a good proxy for another (<E T="03">e.g.,</E>light vehicle sales) in modeling banks' pre-provision net revenue or credit losses ceases to do so, resulting in the need to create a separate path, or alternative proxy, for the other variable. However, recognizing the amount of work required for companies to incorporate the scenario variables into their stress testing models, the Board expects to eliminate variables from the scenarios only in rare instances.</P>
            <P>The Board expects that the company may not use all of the variables provided in the scenario, if those variables are not appropriate to the company's line of business, or may add additional variables, as appropriate.<SU>30</SU>
              <FTREF/>The Board expects the companies will ensure that the paths of such additional variables are consistent with the scenarios the Board provided. For example, the companies may use, as part of their internal stress test models, local-level, such as state-level unemployment rates or city-level house prices. While the Board does not plan to include local-level macro variables in the stress test scenarios it provides, it expects the companies to evaluate the paths of local-level macro variables as needed for their internal models, and ensure internal consistency between these within-country variables and their aggregate, macro-economic counterparts. The Board will provide the macro scenario component of the stress test scenarios for a period that spans a minimum of 13 quarters. The scenario horizon reflects the supervisory stress test approach that the Board plans to use. Under the stress test rules, the Board will assess the effect of different scenarios on the consolidated capital of each company over a forward-looking planning horizon of at least nine quarters.</P>
            <FTNT>
              <P>
                <SU>30</SU>The Board expects banking organizations will ensure that the paths of such additional variables are consistent with the scenarios the Board provided.</P>
            </FTNT>
            <HD SOURCE="HD1">3.2Market Shock Component</HD>
            <P>The market shock component of the stress test scenarios will only apply to companies with significant trading activity and their subsidiaries.<SU>31</SU>

              <FTREF/>The component consists of large moves in market prices and rates that would be expected to generate losses. Market shocks differ from macro scenarios in a number of ways, both in their design and application. For instance, market shocks that might typically be observed over an extended period (<E T="03">e.g.,</E>6 months) are assumed to be an instantaneous event which immediately affects the market value of the companies' trading assets and liabilities. In addition, under the stress test rules, the as-of date for market shocks will differ from the quarter-end, and the Board will provide the as-of date for market shocks no later than December 1 of each year. Finally, as described in section 4, market shocks include a much larger set of risk factors than the set of economic and financial variables included in macro scenarios. Broadly, these risk factors include shocks to financial market variables that affect asset prices, such as a credit spread or the yield on a bond, and, in some cases, the value of the position itself (<E T="03">e.g.,</E>the market value of private equity positions).</P>
            <FTNT>
              <P>
                <SU>31</SU>Currently, companies with significant trading activity include the six bank holding companies that are subject to the market risk rule and have total consolidated assets greater than $500 billion, as reported on their FR Y-9C. The Board may also subject a state member bank subsidiary of any such bank holding company to the market shock component. The set of companies subject to the market shock component could change over time as the size, scope, and complexity of banking organization's trading activities evolve.</P>
            </FTNT>
            <P>The Board envisions that the market shocks will include shocks to a broad range of risk factors that are similar in granularity to those risk factors trading companies use internally to produce profit and loss estimates, under stressful market scenarios, for all asset classes that are considered trading assets, including equities, credit, interest rates, foreign exchange rates, and commodities. For example, risk factor shocks for interest rates would capture changes in the level, correlation, and volatility, by country and maturity. Risk factors will be specified separately by currency or geographic region, and include key sub-categories relevant to each asset class. For example, the risk factor shocks applied to credit spreads will differ by risk category and the risk factor shocks for spot oil prices will vary by grade and type of crude oil.</P>
            <P>Examples of risk factors include, but are not limited to:</P>
            <P>• Equity indices of all developed markets, and of developing and emerging market nations to which companies with significant trading activity may have exposure, along with term structures of implied volatilities;</P>
            <P>• Cross-currency FX rates of all major and many minor currencies, along term structures of implied volatilities;</P>
            <P>• Term structures of government rates (<E T="03">e.g.,</E>U.S. Treasuries), interbank rates (<E T="03">e.g.,</E>swap rates) and other key rates (<E T="03">e.g.,</E>commercial paper) for all developed markets and for developing and emerging market nations to which banks may have exposure;</P>
            <P>• Term structures of implied volatilities that are key inputs to the pricing of interest rate derivatives;</P>
            <P>• Term structures of futures prices for energy products including crude oil (differentiated by country of origin), natural gas, and power;</P>
            <P>• Term structures of futures prices for metals and agricultural commodities;</P>
            <P>• “Value-drivers” (credit spreads or instrument prices themselves) for credit-sensitive product segments including: Corporate bonds, credit default swaps, and collateralized debt obligations by risk; non-agency residential mortgage-backed securities and commercial mortgage-backed securities by risk and vintage; sovereign debt; and, municipal bonds; and</P>
            <P>• Shocks to the values of private equity positions.</P>
            <HD SOURCE="HD1">4. Approach for Formulating the Macroeconomic Assumptions for Scenarios</HD>
            <P>This section describes the Board's approach for formulating macroeconomic assumptions for each scenario. The methodologies for formulating this part of each scenario differ by scenario, so these methodologies for the baseline, severely adverse, and the adverse scenarios are described separately in each of the following subsections.</P>

            <P>In general, the baseline scenario will reflect the most recently available consensus views of the macroeconomic outlook expressed by professional forecasters, government agencies, and other public-sector organizations as of the beginning of the annual stress-test cycle. The severely adverse scenario will consist of a set of economic and financial conditions that reflect the conditions of post-war U.S. recessions. The adverse scenario will consist of a set of economic and financial conditions that are more adverse than those associated with the baseline scenario but less severe than those associated with the severely adverse scenario.<PRTPAGE P="70130"/>
            </P>
            <P>Each of these scenarios is described further in sections below as follows: Baseline (subsection 4.1), severely adverse (subsection 4.2), and adverse (subsection 4.3).</P>
            <HD SOURCE="HD1">4.1Approach for Formulating Macroeconomic Assumptions in the Baseline Scenario</HD>
            <P>The stress test rules define the baseline scenario as a set of conditions that affect the U.S. economy or the financial condition of a banking organization, and that reflect the consensus views of the economic and financial outlook. Projections under a baseline scenario are used to evaluate how companies would perform in more likely economic and financial conditions. The baseline serves also as a point of comparison to the severely adverse and adverse scenarios, giving some sense of how much of the company's capital decline could be ascribed to the scenario as opposed to the company's capital adequacy under expected conditions.</P>

            <P>The baseline scenario will be developed around a macroeconomic projection that captures the prevailing views of private-sector forecasters (<E T="03">e.g.</E>Blue Chip Consensus Forecasts and the Survey of Professional Forecasters), government agencies, and other public-sector organizations (<E T="03">e.g.,</E>the International Monetary Fund and the Organization for Economic Co-operation and Development) near the beginning of the annual stress-test cycle. The baseline scenario is designed to represent a consensus expectation of certain economic variables over the time period of the tests and it is not the Board's internal forecast for those economic variables. For example, the baseline path of short-term interest rates is constructed from consensus forecasts and may differ from that implied by the FOMC's<E T="03">Summary of Economic Projections</E>.</P>
            <P>For some scenario variables—such as U.S. real GDP growth, the unemployment rate, and the consumer price index—there will be a large number of different forecasts available to project the paths of these variables in the baseline scenario. For others, a more limited number of forecasts will be available. If available forecasts diverge notably, the baseline scenario will reflect an assessment of the forecast that is deemed to be most plausible. In setting the paths of variables in the baseline scenario, particular care will be taken to ensure that, together, the paths present a coherent and plausible outlook for the U.S. and global economy, given the economic climate in which they are formulated.</P>
            <HD SOURCE="HD1">4.2Approach for Formulating the Macroeconomic Assumptions in the Severely Adverse Scenario</HD>
            <P>The stress test rules define a severely adverse scenario as a set of conditions that affect the U.S. economy or the financial condition of a banking organization and that overall are more severe than those associated with the adverse scenario. The banking organization will be required to publicly disclose a summary of the results of its stress test under the severely adverse scenario, and the Board intends to publicly disclose the results of its analysis of the banking organization under the severely adverse scenario.</P>
            <HD SOURCE="HD2">4.2.1General Approach: The Recession Approach</HD>
            <P>The Board intends to use a recession approach to develop the severely adverse scenario. In the recession approach, the Board will specify the future paths of variables to reflect conditions that characterize post-war U.S. recessions, generating either a typical or specific recreation of a post-war U.S. recession. The Board chose this approach because it has observed that the conditions that typically occur in recessions—such as increasing unemployment, declining asset prices, and contracting loan demand—can put significant stress on companies' balance sheets. This stress can occur through a variety of channels, including higher loss provisions due to increased delinquencies and defaults; losses on trading positions through sharp moves in market prices; and lower bank income through reduced loan originations. For these reasons, the Board believes that the paths of economic and financial variables in the severely adverse scenario should, at a minimum, resemble the paths of those variables observed during a recession.</P>
            <P>This approach requires consideration of the type of recession to feature. All post-war U.S. recessions have not been identical: some recessions have been associated with very elevated interest rates, some have been associated with sizable asset price declines, and some have been relatively more global. The most common features of recessions, however, are increases in the unemployment rate and contractions in aggregate incomes and economic activity. For this and the following reasons, the Board intends to use the unemployment rate as the primary basis for specifying the severely adverse scenario. First, the unemployment rate is likely the most representative single summary indicator of adverse economic conditions. Second, in comparison to GDP, labor market data have traditionally featured more prominently than GDP in the set of indicators that the National Bureau of Economic Research reviews to inform its recession dates.<SU>32</SU>

              <FTREF/>Third and finally, the growth rate of potential output can cause the size of the decline in GDP to vary between recessions. While changes in the unemployment rate can also vary over time due to demographic factors, this seems to have more limited implications over time relative to changes in potential output growth. The unemployment rate used in the severely adverse scenario will reflect an unemployment rate that has been observed in<E T="03">severe</E>post-war U.S. recessions, measuring severity by the absolute level of and relative increase in the unemployment rate.<SU>33</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>32</SU>More recently, a monthly measure of GDP has been added to the list of indicators.</P>
            </FTNT>
            <FTNT>
              <P>
                <SU>33</SU>Even though all recessions feature increases in the unemployment rate and contractions in incomes and economic activity, the size of this change has varied over post-war U.S. recessions. Table 1 documents the variability in the depth of post-war U.S. recessions. Some recessions—labeled mild in Table 1—have been relatively modest with GDP edging down just slightly and the unemployment rate moving up about a percentage point. Other recessions—labeled severe in Table 1—have been much harsher with GDP dropping 3<FR>3/4</FR>percent and the unemployment rate moving up a total of about 4 percentage points.</P>
            </FTNT>

            <P>After specifying the unemployment rate, the Board will specify the paths of other macroeconomic variables based on the paths of unemployment, income, and activity. However, many of these other variables have taken wildly divergent paths in previous recessions (<E T="03">e.g.,</E>house prices), requiring the Board to use its informed judgment in selecting appropriate paths for these variables. In general, the path for these other variables will be based on their underlying structure at the time that the scenario is designed (<E T="03">e.g.,</E>the relative fragility of the housing finance system).</P>

            <P>The Board considered alternative methods for scenario design of the severely adverse scenario, including a probabilistic approach. The probabilistic approach constructs a baseline forecast from a large-scale macroeconomic model and identifies a scenario that would have a specific probabilistic likelihood given the baseline forecast. The Board believes that, at this time, the recession approach is better suited for developing the severely adverse scenario than a probabilistic approach because it guarantees a recession of some specified severity. In contrast, the probabilistic approach requires the choice of an extreme tail outcome—relative to baseline—to characterize the severely adverse scenario (<E T="03">e.g.,</E>a 5 percent or a 1 percent. tail outcome). In practice, this choice is difficult as adverse economic outcomes are typically thought of in terms of how variables evolve in an absolute sense rather than how far away they lie in the probability space away from the baseline. In this sense, a scenario featuring a recession may be somewhat clearer and more straightforward to communicate. Finally, the probabilistic approach relies on estimates of uncertainty around the baseline scenario and such estimates are in practice model-dependent.</P>
            <HD SOURCE="HD2">4.2.2Setting the Unemployment Rate Under the Severely Adverse Scenario</HD>
            <P>The Board anticipates that the severely adverse scenario will feature an unemployment rate that increases between 3 to 5 percentage points from its initial level over the course of 6 to 8 calendar quarters.<SU>34</SU>
              <FTREF/>The initial level will be set based on the conditions at the time that the scenario is designed. However, if a 3 to 5 percentage point increase in the unemployment rate does not raise the level of the unemployment rate to at least 10 percent—the average level to which it has increased in the most recent three severe recessions—the path of the unemployment rate in most cases will be specified so as to raise the unemployment rate to at least 10 percent.</P>
            <FTNT>
              <P>
                <SU>34</SU>Six to eight quarters is the average number of quarters for which a severe recession lasts plus the average number of subsequent quarters over which the unemployment rate continues to rise. The variable length of the timeframe reflects the different paths to the peak unemployment rate depending on the severity of the scenario.</P>
            </FTNT>

            <P>This methodology is intended to generate scenarios that feature stressful outcomes but<PRTPAGE P="70131"/>do not induce greater procyclicality in the financial system and macroeconomy. When the economy is in the early stages of a recovery, the unemployment rate in a baseline scenario generally trends downward, resulting in a larger difference between the path of the unemployment rate in the severely adverse scenario and the baseline scenario and a severely adverse scenario that is relatively more intense. Conversely, in a sustained strong expansion—when the unemployment rate may be below the level consistent with full employment—the unemployment in a baseline scenario generally trends upward, resulting in a smaller difference between the path of the unemployment rate in the severely adverse scenario and the baseline scenario and a severely adverse scenario that is relatively less intense. Historically, a 3 to 5 percentage point increase in unemployment rate is reflective of stressful conditions. As illustrated in Table 1, over the last half-century, the U.S. economy has experienced four severe post-war recessions. In all four of these recessions the unemployment rate increased 3 to 5 percentage points and in the three most recent of these recessions the unemployment rate reached a level between 9 percent and 11 percent.</P>
            <P>Under this method, if the initial unemployment rate were low—as it would be after a sustained long expansion—the unemployment rate in the scenario would increase to a level as high as what has been seen in past severe recessions. However, if the initial unemployment rate were already high—as would be the case in the early stages of a recovery—the unemployment rate would exhibit a change as large as what has been seen in past severe recessions.</P>
            <P>The Board believes that the typical increase in the unemployment rate in the severely adverse scenario would be about 4 percentage points. However, the Board would calibrate the increase in unemployment based on its views of the status of cyclical systemic risk. The Board intends to set the unemployment rate at the higher end of the range if the Board believed that cyclical systemic risks were high (as it would be after a sustained long expansion), and to the lower end of the range if cyclical systemic risks were low (as it would be in the earlier stages of a recovery). This may result in a scenario that is slightly more intense than normal if the Board believed that cyclical systemic risks were increasing in a period of robust expansion.<SU>35</SU>
              <FTREF/>Conversely, it would allow the Board to specify a scenario that is slightly less intense than normal in an environment where systemic risks appeared subdued, such as in the early stages of an expansion. However, even at the lower end of the range of unemployment-rate increases, the scenario would still feature an increase in the unemployment rate similar to what has been seen in about half of the severe recessions of the last 50 years.</P>
            <FTNT>
              <P>
                <SU>35</SU>Note, however, that the severity of the scenario would not exceed an implausible level: even at the upper end of the range of unemployment-rate increases, the path of the unemployment rate would still be consistent with severe post-war U.S. recessions.</P>
            </FTNT>
            <P>As indicated previously, if a 3 to 5 percentage point increase in the unemployment rate does not raise the level of the unemployment rate to 10 percent—the average level to which it has increased in the most recent three severe recessions—the path of the unemployment rate will be specified so as to raise the unemployment rate to 10 percent. Setting a floor for the unemployment rate at 10 percent recognizes the fact that not only do cyclical systemic risks build up at financial intermediaries during robust expansions but that these risks are also easily obscured by the buoyant environment.</P>
            <P>In setting the increase in the unemployment rate, the Board would consider the extent to which analysis by economists, supervisors, and financial market experts finds cyclical systemic risks to be elevated (but difficult to be captured more precisely in one of the scenario's other variables). In addition, the Board—in light of impending shocks to the economy and financial system—would also take into consideration the extent to which a scenario of some increased severity might be necessary for the results of the stress test and the associated supervisory actions to sustain confidence in financial institutions.</P>
            <P>While the approach to specifying the severely adverse scenario is designed to avoid adding sources of procyclicality to the financial system, it is not designed to explicitly offset any existing procyclical tendencies in the financial system. The purpose of the stress test scenarios is to make sure that the banks are properly capitalized to withstand severe economic and financial conditions, not to serve as an explicit countercyclical offset to the financial system.</P>
            <P>In developing the approach to the unemployment rate, the Board also considered a method that would increase the unemployment rate to some fairly elevated fixed level over the course of 6 to 8 quarters. This would result in scenarios being more severe in robust expansions (when the unemployment rate is low) and less severe in the early stages of a recovery (when the unemployment rate is high) and so would not result in pro-cyclicality. Depending on the initial level of the unemployment rate, this approach could lead to only a very modest increase in the unemployment rate—or even a decline. As a result, this approach—while not procyclical—could result in scenarios not featuring stressful macroeconomic outcomes.</P>
            <HD SOURCE="HD2">4.2.3Setting the Other Variables in the Severely Adverse Scenario</HD>
            <P>Generally, all other variables in the severely adverse scenario will be specified to be consistent with the increase in the unemployment rate. The approach for specifying the paths of these variables in the scenario will be a combination of (1) how economic models suggest that these variables should evolve given the path of the unemployment rate, (2) how these variables have typically evolved in past U.S. recessions, and (3) and evaluation of these and other factors.</P>

            <P>Economic models—such as medium-scale macroeconomic models—should be able to generate plausible paths consistent with the unemployment rate for a number of scenario variables, such as real GDP growth, CPI inflation and short-term interest rates, which have relatively stable (direct or indirect) relationships with the unemployment rate (<E T="03">e.g.,</E>Okun's Law, the Phillips Curve, and interest rate feedback rules). For some other variables, specifying their paths will require a case-by-case consideration. For example, declining house prices, which are an important source of stress to a bank's balance sheet, are not a steadfast feature of recessions, and the historical relationship of house prices with the unemployment rate or any other variable that deteriorates in recessions is not strong. Simply adopting their typical path in a severe recession would likely underestimate risks stemming from the housing sector. In this case, some modified approach—in which perhaps recessions in which house prices declined were judgmentally weighted more heavily—would be appropriate.</P>
            <HD SOURCE="HD2">4.2.4Adding Salient Risks to the Severely Adverse Scenario</HD>
            <P>The severely adverse scenario will be developed to reflect specific risks to the economic and financial outlook that are especially salient but would feature minimally in the scenario if the Board were only to use approaches that looked to past recessions or relied on historical relationships between variables.</P>
            <P>There are some important instances when it would be appropriate to augment the recession approach with salient risks. For example, if an asset price were especially elevated and thus potentially vulnerable to an abrupt and potentially destabilizing decline, it would be appropriate to include such a decline in the scenario even if such a large drop were not typical in a severe recession. Likewise, if economic developments abroad were particularly unfavorable, assuming a weakening in international conditions larger than what typically occurs in severe U.S. recessions would likely also be appropriate.</P>
            <P>Clearly, while the recession component of the severely adverse scenario is within some predictable range, the salient risk aspect of the scenario is far less so, and therefore, needs an annual assessment. Each year, the Board will identify the risks to the financial system and the domestic and international economic outlooks that appear more elevated than usual, using its internal analysis and supervisory information and in consultation with the FDIC and the OCC. Using the same information, the Board will then calibrate the paths of the macroeconomic and financial variables in the scenario to reflect these risks.</P>
            <P>Detecting risks that have the potential to weaken the banking sector is particularly difficult when economic conditions are buoyant, as a boom can obscure the weaknesses present in the system. In sustained robust expansions, therefore, the selection of salient risks to augment the scenario will err on the side of including risks of uncertain significance.</P>

            <P>The Board will factor in particular risks to the domestic and international macroeconomic outlook identified by its<PRTPAGE P="70132"/>economists, bank supervisors, and financial market experts and make appropriate adjustments to the paths of specific economic variables. These adjustments will not be reflected in the general severity of the recession and, thus, all macroeconomic variables; rather, the adjustments will apply to a subset of variables to reflect co-movements in these variables that are historically less typical. The Board plans to discuss the motivation for the adjustments that it makes to variables to highlight systemic risks in the narrative describing the scenarios.<SU>36</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>36</SU>The means of effecting an adjustment to the severely adverse scenario to address salient systemic risks differs from the means used to adjust the unemployment rate. For example, in adjusting the scenario for an increased unemployment rate, the Board would modify all variables such that the future paths of the variables are similar to how these variables have moved historically. In contrast, to address salient risks, the Board may only modify a small number of variables in the scenario and, as such, their future paths in the scenario would be somewhat more atypical, albeit not implausible, given existing risks.</P>
            </FTNT>
            <HD SOURCE="HD1">4.3Approach for Formulating Macroeconomic Assumptions in the Adverse Scenario</HD>
            <P>The adverse scenario can be developed in a number of different ways, and the selected approach will depend on a number of factors, including how the Board intends to use the results of the adverse scenario.<SU>37</SU>
              <FTREF/>Generally, the Board believes that the companies should consider multiple adverse scenarios for their internal capital planning purposes, and likewise, it is appropriate that the Board consider more than one adverse scenario to assess a company's ability to withstand stress. Accordingly, the Board does not identify a single approach for specifying the adverse scenario. Rather, the adverse scenario will be formulated according to one of the possibilities listed below. The Board may vary the approach it uses for the adverse scenario each year so that the results of the scenario provide the most value to supervisors, in light of current condition of the economy and the financial services industry.</P>
            <FTNT>
              <P>
                <SU>37</SU>For example, in the context of CCAR, the Board currently uses the adverse scenario as one consideration in evaluating a bank holding company's capital adequacy.</P>
            </FTNT>

            <P>The simplest method to specify the adverse scenario is to develop a less severe version of the severely adverse scenario. For example, the adverse scenario could be formulated such that the deviations of the paths of the variables relative to the baseline were simply one-half of or two-thirds of the deviations of the paths of the variables relative to the baseline in the severely adverse scenario.<E T="03">A priori,</E>specifying the adverse scenario in this way may appear unlikely to provide the greatest possible informational value to supervisors—given that it is just a less severe version of the severely adverse scenario. However, to the extent that the effect of macroeconomic variables on bank loss positions and incomes are nonlinear, there could be potential value from this approach.</P>
            <P>Another method to specify the adverse scenario is to capture risks in the adverse scenario that the Board believes should be understood better or should be monitored, but does not believe should be included in the severely adverse scenario, perhaps because these risks would render the scenario implausibly severe. For instance, the adverse scenario could feature sizable increases in oil or natural gas prices or shifts in the yield curve that are atypical in a recession. The adverse scenario might also feature less acute, but still consequential, adverse outcomes, such as a disruptive slowdown in growth from emerging-market economies.</P>
            <P>Under the Board's stress test rules, covered companies are required to develop their own scenarios for mid-cycle company-run stress tests.<SU>38</SU>
              <FTREF/>A particular combination of risks included in these scenarios may inform the design of the adverse scenario for annual stress tests. In this same vein, another possibility would be to use modified versions of the circumstances that firms describe in their living wills as being able to cause their failures.</P>
            <FTNT>
              <P>
                <SU>38</SU>12 CFR 252.145.</P>
            </FTNT>
            <P>It might also be informative to periodically use a stable adverse scenario, at least for a few consecutive years. Even if the scenario used for the stress test does not change over the credit cycle, if companies tighten and relax lending standards over the cycle, their loss rates under the adverse scenario—and indirectly the projected changes to capital—would decrease and increase, respectively. A consistent scenario would allow the direct observation of how capital fluctuates to reflect growing cyclical risks.</P>
            <P>Finally, the Board may consider specifying the adverse scenario using the probabilistic approach described in section 3.2.1 (that is, with a specified lower probability of occurring than the severely adverse scenario but a greater probability of occurring than the baseline scenario). The approach has some intuitive appeal despite its shortcomings. For example, using this approach for the adverse scenario could allow the Board to explore an alternative approach to develop stress testing scenarios and their effect on a company's net income and capital.</P>
            <P>With the exception of cases in which the probabilistic approach is used to generate the adverse scenario, the adverse scenario would at a minimum contain a mild to moderate recession. This is because most of the value from investigating the implications of the risks described above is likely to be obtained from considering them in the context of balance sheets of covered companies and large banks that are under some stress.</P>
            <HD SOURCE="HD1">5. Approach for Formulating Scenario Market Price and Rate Shocks</HD>
            <P>This section discusses the approach the Board proposes to adopt for developing the stress scenario component appropriate for companies with significant trading activities. The design and specification of the stress components for trading differ from that of the macro scenarios because profits and losses from the trading are measured in mark-to-market terms, while revenues and losses from traditional banking are generally measured using the accrual method. As noted above, another critical difference is the time-evolution of the trading stress tests. The trading stress component consists of an instantaneous “shock” to a large number of risk factors that determine the mark-to-market value of trading positions, while the macro scenarios supply a projected path of economic variables that affect traditional banking activities over the entire planning period.</P>
            <P>The development of the scenarios in the final rules that are detailed in this section are as follows: baseline (subsection 5.1), severely adverse (subsection 5.2), and adverse (subsection 5.3).</P>
            <HD SOURCE="HD1">5.1Approach for Formulating the Scenario for Trading Variables Under the Baseline Scenario</HD>
            <P>By definition, market shocks are large, previously unanticipated moves in asset prices and rates. Because asset prices should, broadly speaking, reflect consensus opinions about the future evolution of the economy, large price movements, as envisioned in the market shock, should not occur along the baseline path. As a result, market shocks will not be included in the baseline scenario.</P>
            <HD SOURCE="HD1">5.2Approach for Formulating the Market Shock Component Under the Severely Adverse Scenario</HD>
            <P>This section addresses possible approaches to designing market shocks in the severely adverse scenario, including important considerations for scenario design, possible approaches to designing scenarios, and a development strategy for implementing the preferred approach.</P>
            <HD SOURCE="HD2">5.2.1Design Considerations for Market Shocks</HD>
            <P>The general market practice for stressing a trading portfolio is to specify market shocks either in terms of extreme moves in observable, broad market indicators and risk factors or directly as large changes to the mark-to-market values of financial instruments. These moves can be specified either in relative terms or absolute terms. Supplying values of risk factors after a “shock” is roughly equivalent to the macro scenarios, which supply values for a set of economic and financial variables; however, trading stress testing differs from macroeconomic stress testing in several critical ways.</P>
            <P>In the past, the Board used one of two approaches to specify market shocks. During SCAP and CCAR in 2011, the Board used a very general approach to market shocks and required companies to stress their trading positions using changes in market prices and rates experienced during the second half of 2008, without specifying risk factor shocks. This broad guidance resulted in inconsistency across companies both in terms of the severity and the application of shocks. In certain areas companies were permitted to use their own experience during the second half of 2008 to define shocks. This resulted in significant variation in shock severity across companies.</P>

            <P>To enhance the consistency and comparability in market shocks for CCAR in 2012, the Board provided to each trading company more than 35,000 specific risk<PRTPAGE P="70133"/>factor shocks, primarily based on market moves in the second half of 2008. While the number of risk factors used in companies' pricing and stress-testing models still typically exceed that provided in the Board's scenarios, the greater specificity resulted in more consistency in the scenario across companies. The benefit of the comprehensiveness of risk factor shocks is at least partly offset by potential difficulty in creating shocks that are coherent and internally consistent, particularly as the framework for developing market shocks deviates from historical events.</P>

            <P>Also importantly, the ultimate losses associated with a given market shock will depend on a company's trading positions, which can make it difficult to rank order,<E T="03">ex ante,</E>the severity of the scenarios. In certain instances, market shocks that include large market moves may not be particularly stressful for a given company. Aligning the market shock with the macro scenario for consistency may result in certain companies actually benefiting from risk factor moves of larger magnitude in the market scenario if the companies are hedging against salient risks to other parts of their business. Thus, the severity of market shocks must be calibrated to take into account how a complex set of risks, such as directional risks and basis risks, interacts with each other, given the companies' trading positions at the time of stress. For instance, a large depreciation in a foreign currency would benefit companies with net short positions in the currency while hurting those with net long positions. In addition, longer maturity positions may move differently from shorter maturity positions, adding further complexity.</P>
            <P>The instantaneous nature of market shocks and the immediate recognition of mark-to-market losses add another element to the design of market shocks, and to determining the appropriate severity of shocks. For instance, in both SCAP and CCAR, the Board assumed that market moves that occurred over the six-month period in late 2008 would occur instantaneously. The design of the market shocks must factor in appropriate assumptions around the period of time during which market events would unfold and any associated market responses.</P>
            <HD SOURCE="HD2">5.2.2Approaches to Trading Stress Component Design</HD>
            <P>For each scenario, the Board plans to use a standardized set of market shocks that apply to all companies with significant trading activity. The market shocks could be based on a single historical episode, multiple historical periods, hypothetical (but plausible) events, or some combination of historical episodes and hypothetical events (hybrid approach). Depending on the type of hypothetical events, a scenario based on such events may result in changes in risk factors that were not previously observed. In 2012 CCAR, the shocks were largely based on relative moves in asset prices and rates during the second half of 2008, but also included some additional considerations to factor in the widening of spreads for European sovereigns and financial companies based on actual observation during the latter part of 2011.</P>
            <P>For the severely adverse scenario, the Board plans to use the hybrid approach to develop shocks. The hybrid approach allows the Board to maintain certain core elements of consistency in market shocks each year while providing flexibility to add hypothetical elements based on market conditions at the time of the stress tests. In addition, this approach will help ensure internal consistency in the scenario because of its basis in historical episodes; however, combining the historical episode and hypothetical events may require tweaks to ensure mutual consistency of the joint moves. In general, the hybrid approach provides considerable flexibility in developing scenarios that are relevant each year, and by introducing variations in the scenario, the approach will also reduce the ability of companies with significant trading activity to modify or shift their portfolios to minimize expected losses in the severely adverse scenario.</P>
            <P>The Board has considered a number of alternative approaches for the design of market shocks. For example, the Board explored an option of providing tailored market shocks for each trading company, using information on the companies' portfolio gathered through ongoing supervision or other means. By specifically targeting known or potential vulnerabilities in a company's trading position, this approach would be useful in assessing each company's capital adequacy as it relates to the company's idiosyncratic risk. However, the Board does not believe this approach to be well-suited for the stress tests required by regulation. Consistency and comparability are key features of annual supervisory stress tests and annual company-run stress tests required in the stress test rules. It would be difficult to use the information on the companies' portfolio to design a common set of shocks that are universally stressful for all covered companies. As a result, this approach would be better suited to more customized, tailored stress tests that are part of the company's internal capital planning process or to other supervisory efforts outside of the stress tests conducted under the stress test rules.</P>
            <HD SOURCE="HD2">5.2.3Development of the Trading Stress Scenario</HD>
            <P>Consistent with the approach describe above, the market shock component for the severely adverse scenario will incorporate key elements of market developments during the second half of 2008, but also incorporate observations from other periods or price and rate movements in certain markets that the Board deems to be plausible though such movements may not have been observed historically. The Board also expects to rely less on market events of the second half of 2008 and more on hypothetical events or other historical episodes to develop the market shock, particularly as the bank holding company's portfolio changes over time and a different combination of events would better capture material risk in bank holding company's portfolio in the given year.</P>
            <P>The developments in the credit markets during the second half of 2008 were unprecedented, providing a reasonable basis for market shocks in the severely adverse scenario. During this period, key risk factors in virtually all asset classes experienced extremely large shocks; the collective breadth and intensity of the moves have no parallels in modern financial history and, on that basis, it seems likely that this episode will continue to be the dominant historical scenario, although experience during other historical episodes may also guide the severity of the market shock component of the severely adverse scenario. Moreover, the risk factor moves during this episode are directly consistent with the “recession” approach that underlies the macroeconomic assumptions. However, market shocks based only on historical events could become stale and less relevant over time as the company's positions change, particularly if more salient features are not added each year.</P>
            <P>While the market shocks based on the second half of 2008 are of unparalleled magnitude, the shocks may become less relevant over time as the companies' trading positions change. In addition, more recent events could highlight the companies' vulnerability to certain market events. For example, in 2011, Eurozone credit spreads in the sovereign and financial sectors surpassed those observed during the second half of 2008, necessitating the modification of the stress scenario for the CCAR 2012 to reflect a salient source of stress to trading positions. As a result, it is important to incorporate both historical and hypothetical outcomes in market shocks for the severely adverse scenario. For the time being, the development of market shocks in the severely adverse scenario will begin with the risk factor movements in the particular historical period, such as the second half of 2008. The Board will then consider hypothetical but plausible outcomes, based on financial stability reports, supervisory information, and internal and external assessments of market risks and potential flash points. The hypothetical outcomes could originate from major geopolitical, economic, or financial market events with potentially significant impacts on market risk factors. The severity of these hypothetical moves will likely be guided by similar historical events, assumptions embedded in the companies' internal stress tests or market participants, and other available information.</P>

            <P>For the time being, the development of market shocks in the severely adverse scenario will begin with the risk factor movements in the particular historical period, such as the second half of 2008. The Board will then develop hypothetical but plausible scenarios, based on financial stability reports, supervisory information, and internal and external assessments of market risks and potential flash points. Once broad market scenarios are agreed upon, specific risk factor groups will be targeted as the source of the trading stress. For example, a scenario involving the failure of a large, interconnected globally active financial institution could begin with a sharp increase in credit default swaps spreads and a precipitous decline in asset prices across multiple markets, as investors become more risk averse and market liquidity evaporates.<PRTPAGE P="70134"/>These broad market movements would be extrapolated to the granular level for all risk factors by examining transmission channels and the historical relationships between variables, though in some cases, the movement in particular risk factors may be amplified based on theoretical relationships, market observations, or the saliency to company trading books. If there is a disagreement between the risk factor movements in the historical event used in the scenario and the hypothetical event, the Board will reconcile the differences by assessing consistency with the macro scenario,<E T="03">a priori</E>expectation based on financial and economic theory, and the importance of the risk factors to the trading positions of the covered companies.</P>
            <HD SOURCE="HD1">5.3Approach for Formulating the Scenario for Trading Variables Under the Adverse Scenario</HD>
            <P>The market shock component included in the adverse scenario will be designed to be generally less severe than the severely adverse scenario while providing useful information to supervisors. As in the case of the macro scenario, the market shock component in the adverse scenario can be developed in a number of different ways.</P>

            <P>The adverse scenario could be differentiated from the severely adverse scenario by the absolute size of the shock, the scenario design process (<E T="03">e.g.,</E>historical events versus hypothetical events), or some other criteria. As discussed above, due to differences in companies' trading positions, it can be difficult to know<E T="03">ex ante</E>whether the adverse scenario or severely adverse scenario would result in greater losses for a given company. However, the Board anticipates that the adverse scenario would generally result in lower aggregate trading losses than the severely adverse scenario, particularly given the importance of credit-related losses. The Board expects that as the market shock component of the adverse scenario may differ qualitatively from the market shock component of the severely adverse scenario, the results of adverse scenarios may be useful in identifying a particularly vulnerable area in a trading company's positions.</P>
            <P>There are several possibilities for the adverse scenario and the Board may use a different approach each year to better explore the vulnerabilities of companies with significant trading activity. One approach is to use a scenario based on some combination of historical events. This approach is similar to the one used for 2012 CCAR, where the market shock component was largely based on the second half of 2008, but also included a number of risk factor shocks that reflected the significant widening of spreads for European sovereigns and financials in late 2011. This approach would provide some consistency each year and provide an internally consistent scenario with minimal implementation burden. Having a relatively consistent adverse scenario may be useful as it potentially serves as a benchmark against the results of the severely adverse scenario and can be compared to past stress tests.</P>

            <P>Another approach is to have an adverse scenario that is identical to the severely adverse scenario, except that the shocks are smaller in magnitude (<E T="03">e.g.,</E>100 basis points for adverse versus 200 basis points for severely adverse). This “scaling approach” generally fits well with an intuitive interpretation of “adverse” and “severely adverse.” Moreover, since the nature of the moves will be identical between the two classes of scenarios, there will be at least directional consistency in the risk factor inputs between scenarios. While under this approach the adverse scenario would be superficially identical to the severely adverse, the logic underlying the severely adverse scenario may not be applicable. For example, if the severely adverse scenario was based on a historical scenario, the same could not be said of the adverse scenario. It is also remains possible, although unlikely, that a scaled adverse scenario actually would result in greater losses, for some companies, than the severely adverse scenario with similar moves of greater magnitude. For example, if some companies are hedging against tail outcomes then the more extreme trading book dollar losses may not correspond to the most extreme market moves.</P>
            <P>Alternatively, the market shock component of an adverse scenario could differ substantially from the severely adverse scenario with respect to the sizes and nature of the shocks. Under this approach, the market shock component could be constructed using some combination of historical and hypothetical events, similar to the severely adverse scenario. As a result, the market shock component of the adverse scenario could be viewed more as an alternative to the severely adverse scenario and, therefore, it is possible that the adverse scenario could have larger losses for some companies than the severely adverse scenario. However, this approach would provide valuable information to supervisors, by focusing on different facets of potential vulnerabilities.</P>
            <P>Finally, the design of the adverse scenario for annual stress tests could be informed by the companies' own market shock components used for their mid-cycle company-run stress tests.<SU>39</SU>
              <FTREF/>
            </P>
            <FTNT>
              <P>
                <SU>39</SU>12 CFR 252.145.</P>
            </FTNT>
            <HD SOURCE="HD1">6. Consistency Between the Economic and Financial Variable Scenarios and the Market Price and Rate Shock Scenarios</HD>
            <P>As discussed earlier, the market shock comprises a set of movements in a very large number of risk factors that are realized instantaneously. Among the risk factors specified in the market shock are several variables also specified in the macro scenarios, such as short- and long-maturity interest rates on Treasury and corporate debt, the level and volatility of U.S. stock prices, and exchange rates.</P>
            <P>Generally, the market shock scenario will be directionally consistent with the macro scenario, though the magnitude of moves in broad risk factors, such as interest rates, foreign exchange rates, and prices, may differ. Because the market shock is designed, in part, to mimic the effects of a sudden market dislocation, while the macro scenarios are designed to provide a description of the evolution of the real economy over two or more years, assumed economic conditions can move in significantly different ways. However, such differences should not be viewed as inconsistency in scenarios as long as the macro scenario and the market shock component of the scenario are directionally consistent. In effect, the market shock can simulate a market panic, during which financial asset prices move rapidly in unexpected directions, and the macroeconomic assumptions can simulate the severe recession that follows. Indeed, the pattern of a financial crisis, characterized by a short period of wild swings in asset prices followed by a prolonged period of moribund activity, and a subsequent severe recession is familiar and plausible.</P>
            <P>As discussed in section 4.2.4, the Board may feature a particularly salient risk in the macroeconomic assumptions for the severely adverse scenario, such as a fall in an elevated asset price. In such instances, the Board would also seek to reflect the same risk in one of the market shocks. For example, if the macro scenario were to feature a substantial decline in house price, it would seem plausible for the market shock to also feature a significant decline in market values of any securities that are closely tied to the housing sector or residential mortgages.</P>
            <P>In addition, as discussed in section 4.3, the Board may specify the macroeconomic assumptions in the adverse scenario in such a way as to explore risks qualitatively different from those in the severely adverse scenario. Depending on the nature and type of such risks, the Board may also seek to reflect these risks in one of the market shocks as appropriate.</P>
            <HD SOURCE="HD1">7. Timeline for Scenario Publication</HD>
            <P>The Board will provide a description of the macro scenarios by no later than November 15 of each year. During the period immediately preceding the publication of the scenarios, the Board will collect and consider information from academics, professional forecasters, international organizations, domestic and foreign supervisors, and other private-sector analysts that regularly conduct stress tests based on U.S. and global economic and financial scenarios, including analysts at the covered companies. In addition, the Board will consult with the FDIC and the OCC on the salient risks to be considered in the scenarios. The Board expects to conduct this process in July and August of each year and to update the scenarios based on incoming macroeconomic data releases and other information through the end of October.</P>

            <P>Currently, the Board does not plan to publish the details of the market shock component. The Board expects to provide a broad overview of the market shock component.<PRTPAGE P="70135"/>
            </P>
            <GPOTABLE CDEF="s37,r25,r25,r50,10]0,13,13" COLS="7" OPTS="L2,i1">
              <TTITLE>Table 1—Classification of U.S. Recessions</TTITLE>
              <BOXHD>
                <CHED H="1">Peak</CHED>
                <CHED H="1">Trough</CHED>
                <CHED H="1">Severity</CHED>
                <CHED H="1">Duration (quarters)</CHED>
                <CHED H="1">Decline in real GDP</CHED>
                <CHED H="1">Change in the unemployment rate during the recession</CHED>
                <CHED H="1">Total change in the unemployment rate (incl. after the recession)</CHED>
              </BOXHD>
              <ROW>
                <ENT I="01">1957Q3</ENT>
                <ENT>1958Q2</ENT>
                <ENT>Severe</ENT>
                <ENT>4 (Medium)</ENT>
                <ENT>−3.1</ENT>
                <ENT>3.2</ENT>
                <ENT>3.2</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1960Q2</ENT>
                <ENT>1961Q1</ENT>
                <ENT>Typical</ENT>
                <ENT>4 (Medium)</ENT>
                <ENT>−0.5</ENT>
                <ENT>1.6</ENT>
                <ENT>1.8</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1969Q4</ENT>
                <ENT>1970Q4</ENT>
                <ENT>Typical</ENT>
                <ENT>5 (Medium)</ENT>
                <ENT>−0.1</ENT>
                <ENT>2.2</ENT>
                <ENT>2.4</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1973Q4</ENT>
                <ENT>1975Q1</ENT>
                <ENT>Severe</ENT>
                <ENT>6 (Long)</ENT>
                <ENT>−3.1</ENT>
                <ENT>3.4</ENT>
                <ENT>4.1</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1980Q1</ENT>
                <ENT>1980Q3</ENT>
                <ENT>Typical</ENT>
                <ENT>3 (Short)</ENT>
                <ENT>−2.2</ENT>
                <ENT>1.4</ENT>
                <ENT>1.4</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1981Q3</ENT>
                <ENT>1982Q4</ENT>
                <ENT>Severe</ENT>
                <ENT>6 (Long)</ENT>
                <ENT>−2.6</ENT>
                <ENT>3.3</ENT>
                <ENT>3.3</ENT>
              </ROW>
              <ROW>
                <ENT I="01">1990Q3</ENT>
                <ENT>1991Q1</ENT>
                <ENT>Mild</ENT>
                <ENT>3 (Short)</ENT>
                <ENT>−1.3</ENT>
                <ENT>0.9</ENT>
                <ENT>1.9</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2001Q1</ENT>
                <ENT>2001Q4</ENT>
                <ENT>Mild</ENT>
                <ENT>4 (Medium)</ENT>
                <ENT>0.7</ENT>
                <ENT>1.3</ENT>
                <ENT>2.0</ENT>
              </ROW>
              <ROW>
                <ENT I="01">2007Q4</ENT>
                <ENT>2009Q2</ENT>
                <ENT>Severe</ENT>
                <ENT>7 (Long)</ENT>
                <ENT>[−4.7]</ENT>
                <ENT>4.5</ENT>
                <ENT>5.1</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Average</ENT>
                <ENT/>
                <ENT>Severe</ENT>
                <ENT>6</ENT>
                <ENT>−3.8</ENT>
                <ENT>3.7</ENT>
                <ENT>3.9</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Average</ENT>
                <ENT/>
                <ENT>Moderate</ENT>
                <ENT>4</ENT>
                <ENT>−1.0</ENT>
                <ENT>1.8</ENT>
                <ENT>1.8</ENT>
              </ROW>
              <ROW>
                <ENT I="01">Average</ENT>
                <ENT/>
                <ENT>Mild</ENT>
                <ENT>3</ENT>
                <ENT>−0.3</ENT>
                <ENT>1.1</ENT>
                <ENT>1.9</ENT>
              </ROW>
            </GPOTABLE>
            <SIG>
              <DATED>By order of the Board of Governors of the Federal Reserve System, November 15, 2012.</DATED>
              <NAME>Margaret McCloskey Shanks,</NAME>
              <TITLE>Deputy Secretary of the Board.</TITLE>
            </SIG>
          </APPENDIX>
        </PART>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28207 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6210-01-P</BILCOD>
    </PRORULE>
  </PRORULES>
  <VOL>77</VOL>
  <NO>226</NO>
  <DATE>Friday, November 23, 2012</DATE>
  <UNITNAME>Notices</UNITNAME>
  <NOTICES>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70136"/>
        <AGENCY TYPE="F">AGENCY FOR INTERNATIONAL DEVELOPMENT</AGENCY>
        <SUBJECT>Privacy Act of 1974, System of Records</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States Agency for International Development.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Altered system of records.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The United States Agency for International Development (USAID) is issuing public notice of its intent to alter a system of records maintained in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended, entitled “USAID-33, Phoenix Financial Management System”. This action is necessary to meet the requirements of the Privacy Act to publish in the<E T="04">Federal Register</E>notice of the existence and character of record systems maintained by the agency (5 U.S.C. 522a(e)(4)).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Public comments must be received on or before January 10, 2013. Unless comments are received that would require a revision; this update to the system of records will become effective on January 10, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments:</P>
        </ADD>
        <HD SOURCE="HD1">Paper Comments</HD>
        <P>•<E T="03">Fax:</E>(703) 666-5670.</P>
        <P>•<E T="03">Mail:</E>Chief Privacy Officer, United States Agency for International Development, 2733 Crystal Drive, 11th Floor, Arlington, Va. 22202.</P>
        <HD SOURCE="HD1">Electronic Comments</HD>
        <P>•<E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>Follow the instructions on the Web site for submitting comments.</P>
        <P>•<E T="03">Email: privacy@usaid.gov.</E>
        </P>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>For general questions, please contact, USAID Privacy Office, United States Agency for International Development, 2733 Crystal Drive, 11th Floor, Arlington, Va. 22202. Email:<E T="03">privacy@usaid.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Phoenix Financial Management System was established as an Agency-wide system of record since it is required to collect, maintain or store personal data requiring protection under the Privacy Act. It is USAID's core financial management system and accounting system of record. Phoenix enables USAID to effectively and efficiently analyze, allocate and report on US foreign assistance funds. Phoenix includes modules such as General Ledger, Accounts Payable, Accounts Receivables, and Budget Execution, which are required to perform necessary accounting operations. Phoenix falls under strict regulatory audit requirements from the Office of Management and Budget, as well as the General Accountability Office.</P>
        <SIG>
          <DATED>Dated: November 15, 2012.</DATED>
          <NAME>William Morgan,</NAME>
          <TITLE>Chief Information Security Officer—Chief Privacy Officer.</TITLE>
        </SIG>
        <PRIACT>
          <HD SOURCE="HD1">USAID-33</HD>
          <HD SOURCE="HD2">SYSTEM NAME:</HD>
          <P>Phoenix Financial Management System.</P>
          <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
          <P>Sensitive But Unclassified.</P>
          <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
          <P>Terremark, 50 NE 9th Street, Miami, FL 33132.</P>
          <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
          <P>This system contains records of current employees, contractors, personal service contractors (PSCs), consultants, partners, and those receiving foreign assistance funds.</P>
          <HD SOURCE="HD2">CATEGORIES OF RECORDS COVERED BY THE SYSTEM:</HD>
          <P>This system contains USAID organizational information. Phoenix imports the following data elements from NFC Payroll files for Personnel Services Contractors (PSC) and direct hires: name, social security number, details of payroll transactions and work phone numbers. Phoenix imports the following data elements from the E2 Travel system for each traveler: name, date of travel (month/year) and destination.</P>
          <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
          <P>Privacy Act of 1974 (Pub. L. 93-579), sec. 552a (c), (e), (f), and (p).</P>
          <HD SOURCE="HD2">PURPOSE(S):</HD>
          <P>Records in this system will be used:</P>
          <P>(1) The payroll information is used to associate PSC payroll-related payments with their contracts and track direct hire payroll payments in the system in order to produce 1099 files. If this information is not imported form NFC to Phoenix, then USAID cannot comply with IRS regulations to maintain and produce 1099s.</P>
          <P>(2) The travel information is used to associate E2 travel records with Phoenix accounting information regarding travel authorization and funding.</P>
          <HD SOURCE="HD2">ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
          <P>USAID may disclose relevant system records in accordance with any current and future blanket routine uses established for its record systems. These may be for internal communications or with external partners.</P>
          <HD SOURCE="HD2">DISCLOSURE TO CONSUMER REPORTING AGENCIES:</HD>
          <P>These records are not disclosed to consumer reporting agencies</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>Electronic records are maintained in user-authenticated, password-protected systems.</P>
          <HD SOURCE="HD2">RETRIEVABILITY:</HD>
          <P>All records are accessed only by authorized personnel who have a need to access the records in the performance of their official duties. Information is retrieved by name or by a system specific ID (Vendor ID, Traveller ID, etc.). SSN is not employed as a key, but only present for tax reporting purposes.</P>
          <HD SOURCE="HD2">SAFEGUARDS:</HD>

          <P>Administrative, managerial and technical controls are in place. Phoenix has a current C&amp;A in place. Phoenix is secured through access control provided to only those individuals with a need to know within the Agency. Further, access to the PII is limited to the staff within the CMP and CAR divisions. Phoenix is maintained by the US government, not contractors.<PRTPAGE P="70137"/>
          </P>
          <HD SOURCE="HD2">RETENTION AND DISPOSAL:</HD>
          <P>Records are retained using the appropriate, approved National Archives Records Administration—Schedules for the type of record being maintained.</P>
          <HD SOURCE="HD2">SYSTEM MANAGER(S) AND ADDRESS:</HD>
          <P>David Ostermeyer, United States Agency for International Development, U.S. Department of State Annex 44, 455, 301 4th Street SW., Washington, DC 20547.</P>
          <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
          <P>Individuals requesting notification of the existence of records on them must send the request in writing to the Chief Privacy Officer, USAID, 2733 Crystal Drive, 11th Floor, Arlington, Va. 22202. The request must include the requestor's full name, his/her current address and a return address for transmitting the information. The request shall be signed by either notarized signature or by signature under penalty of perjury and reasonably specify the record contents being sought.</P>
          <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
          <P>Individuals wishing to request access to a record must submit the request in writing according to the “Notification Procedures” above. An individual wishing to request access to records in person must provide identity documents, such as government-issued photo identification, sufficient to satisfy the custodian of the records that the requester is entitled to access.</P>
          <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
          <P>An individual requesting amendment of a record maintained on himself or herself must identify the information to be changed and the corrective action sought. Requests must follow the “Notification Procedures” above.</P>
          <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
          <P>The records contained in this system will be provided by and updated by the individual who is the subject of the record.</P>
          <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
          <P>None.</P>
        </PRIACT>
        <SIG>
          <NAME>Meredith Snee,</NAME>
          <TITLE>Privacy Analyst.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28412 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF AGRICULTURE</AGENCY>
        <SUBAGY>Forest Service</SUBAGY>
        <SUBJECT>Okanogan-Wenatchee National Forest, Okanogan County, WA; Bannon, Aeneas, Revis, and Tunk Grazing Allotments Environmental Impact Statement</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Forest Service, USDA.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Intent to prepare an Environmental Impact Statement.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The USDA Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of issuing Term Grazing Permits to continue authorizing cattle grazing on all or portions of four existing grazing allotments: Bannon, Aeneas, Revis, and Tunk; herein after referred to as BART. The issuance of Term Grazing Permits would continue to authorize grazing at current permitted cattle numbers and seasons of use.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments concerning the scope of the analysis should be received by January 7, 2013. The draft environmental impact statement is expected to be filed with the Environmental Protection Agency and made available for public review in January 2013. The final environmental impact statement is expected to be available for review in February 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments and suggestions concerning the scope of the analysis to Christina Bauman, Project Lead, Tonasket District, 1 West Winesap, Tonasket, Washington 98855, or phone 509-486-5112. Comments may also be sent via emailed to<E T="03">comments-pacificnorthwest-okanogan-tonasket@fs.fed.us</E>with “BART Grazing Allotment Management Plan” in the subject line or via facsmile to 509-486-1922. Electronic comments must be part of an email message or as an attachment in either MS Word format (.doc or .docx), Rich Text Format (.rtf), Plain Text (.txt), or Portable Document Format (.pdf). Electronic comments containing viruses will be rejected.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Christina Bauman, Project Leader, Tonasket District, Okanogan-Wenatchee National Forest, 1 West Winesap, Tonasket, Washington 98855 or call 509-486-5112.</P>
          <P>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The assessment area covers about 36,803 acres of National Forest System lands within T. 35 N., R. 28 &amp; 29 E., and T. 36 N., R. 28 &amp; 29 E., Willamette Meridian. Landmark locations include, Bannon Mountain, Tunk Mountain, Crawfish Lake, Aeneas, Barnell, Lost, Cole, Bench and Jungle Creeks, and Barnell Meadows.</P>
        <HD SOURCE="HD1">Purpose and Need for Action</HD>
        <P>The purpose of this assessment is to authorize continued grazing in the project area consistent with Forest Plan standards and guidelines as amended providing forage for permitted livestock grazing is proposed because of the following:</P>
        <P>• Public Law 104-19 Section 504 of the 1995 Rescissions Act, as amended, requires each National Forest to establish and adhere to a schedule for completing NEPA analysis and updating allotment management plans for all rangeland allotments on National Forest System lands.</P>
        <P>• Where consistent with other multiple use goals and objectives, there is congressional intent to allow livestock grazing on suitable lands (Multiple Use Sustained Yield Act of 1960; Forest and Rangeland Renewable Resources Planning Act of 1974; Federal Land Policy and Management Act of 1976; and the National Forest Management Act of 1976.</P>
        <P>• It is Forest Service policy to make forage available to qualified livestock operators from lands suitable for grazing consistent with land management plans (CFR 222.2(c); and Forest Service Manual [FSM] 2203.1).</P>
        <P>• Recent surveys of the analysis area identified some areas that are of concern or are currently not meeting or moving toward desired conditions in a manner that is consistent with the Okanogan Forest Land and Resource Management Plan as amended. There is a need to modify range infrastructure and livestock management to move toward desired conditions for soils, vegetation and riparian resources. Livestock grazing is one of the factors that contribute to these altered resource conditions.</P>
        <HD SOURCE="HD1">Proposed Action</HD>
        <P>The proposed action authorizes continued livestock grazing at current levels using a combination of range improvements and adaptive management strategies to meet or move toward meeting Forest Plan Standards and to attain resource specific desired conditions.</P>

        <P>This alternative would implement adaptive management strategies analyzed in detail to provide management options if changes to the Proposed Action grazing strategy are<PRTPAGE P="70138"/>needed. Monitoring would be designed for early detection of resource conditions that would trigger management changes. Triggers would be developed to identify when a specific threshold is about to be reached and cattle need to be moved. The length of time each pasture is grazed and whether additional fences would be installed would be determined by monitoring results. Adaptive management strategies include installation of water developments in the first stage and may include construction of additional fences in subsequent years if needed, where the permittee and the Forest Service agree that additional fencing would improve livestock management and riparian areas. A monitoring plan would be implemented to determine progress in attainment of Forest Plan standards and guidelines.</P>
        <P>Range improvement proposals include:</P>
        <P>• Removal of approximately 3 miles of fence no longer needed for livestock management and 2 non-functioning water developments.</P>
        <P>• Relocation of 4 troughs and one corral outside of the Riparian Habitat Conservation Area (RHCA) and 1 fence approximately 1.5 miles long.</P>
        <P>• Development of 16 springs including exclosures around spring source.</P>
        <P>• Reconstruction of 3 existing spring developments.</P>
        <P>• Construction of 2 new corrals.</P>
        <P>• Construction of 1 hardened crossing on Aeneas Creek.</P>
        <P>• Possible construction of approximately 13 miles of new pasture fence for rested areas.</P>

        <P>More detailed information about the proposed action and maps can be accessed on the Okanogan-Wenatchee National Forest internet site<E T="03">http://data.ecosystem-management.org/nepaweb/nepa_project_exp.php?project=38873.</E>
        </P>
        <HD SOURCE="HD1">Possible Alternatives</HD>
        <P>In addition to the Proposed Action and any alternative that is developed following the scoping effort, the project interdisciplinary team will analyze the effects of:</P>
        <P>•<E T="03">No Action alternative:</E>No grazing permits would be reauthorized; cattle would be removed from all allotments within two years. There would be no change of allotment management in this two year period. All structural improvements currently in place would be allowed to deteriorate over time or be removed if funding is available.</P>
        <P>•<E T="03">Accelerated improvement:</E>This alternative would reauthorize grazing at current numbers with the implementation of a four-year strategy that includes installation of water developments in the first year, the construction of fences in the second, third year and fourth years. This alternative would rest from livestock grazing these newly created pastures with the most sensitive riparian areas.</P>
        <P>Range improvement proposals include:</P>
        <P>• Removal of approximately 3 miles of fence no longer needed for livestock management and 2 non-functioning water developments.</P>
        <P>• Relocation of 4 troughs and one corral outside the RHCA and 1 fence approximately 1.5 miles long.</P>
        <P>• Development of 16 springs including exclosures around spring source.</P>
        <P>• Reconstruction of 3 existing spring developments.</P>
        <P>• Construction of 2 new corrals.</P>
        <P>• Construction of 1 hardened crossing on Aeneas Creek.</P>
        <P>• Construction of approximately 13 miles of new pasture fence for rested areas.</P>
        
        <FP>Additional grazing alternatives may be considered in response to scoping issues and other resource values.</FP>
        <HD SOURCE="HD1">Responsible Official</HD>
        <P>The responsible official will be the Forest Supervisor, Okanogan-Wenatchee National Forest, 215 Melody Lane, Wenatchee, Washington 98801.</P>
        <HD SOURCE="HD1">Nature of Decision To Be Made</HD>
        <P>An environmental analysis will evaluate site-specific issues, consider management alternatives and analyze the potential effects of the proposed action and alternatives. An environmental impact statement will provide the Responsible Official with the information needed to decide whether to adopt and implement the proposed action, or an alternative to the proposed action, or take no action to reauthorize grazing in the Bannon, Aeneas, Revis, and Tunk grazing Allotments.</P>
        <P>This EIS will tier to the Okanogan National Forest Land and Resource Management Plan and its subsequent amendments, which provide overall guidance for land management activities on the Okanogan-Wenatchee National Forest.</P>
        <HD SOURCE="HD1">Preliminary Issues</HD>
        <P>Preliminary issues identified include the effects of livestock grazing on riparian resources such as stream bank and channel instability, high stream width/depth ratio, lack of diverse riparian vegetation, high stream sedimentation, and soil compaction, displacement or erosion.</P>
        <HD SOURCE="HD1">Scoping Process</HD>
        <P>This notice of intent initiates the scoping process, which guides the development of the Environmental Impact Statement. Public comments about this proposal are requested in order to assist in identifying issues, and determining how to best manage the resources, and focus the analysis.</P>
        <P>It is important that reviewers provide their comments at such times and in such manner that they are useful to the agency's preparation of the environmental impact statement. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer's concerns and contentions.</P>
        <P>Comments received in response to this solicitation, including names and addresses of those who comment, will become part of the public record for this proposal and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the agency with the ability to provide the commenter with subsequent environmental documents.</P>
        <SIG>
          <NAME>Rebecca Lockett Heath,</NAME>
          <TITLE>Forest Supervisor, Okanogan-Wenatchee National Forest.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28420 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-75-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>National Oceanic and Atmospheric Administration (NOAA).</P>
        <P>
          <E T="03">Title:</E>Mandatory Shrimp Vessel and Gear Characterization Survey.</P>
        <P>
          <E T="03">OMB Control Number:</E>0648-0542.</P>
        <P>
          <E T="03">Form Number(s):</E>NA.</P>
        <P>
          <E T="03">Type of Request:</E>Regular submission (extension of a current information collection).</P>
        <P>
          <E T="03">Number of Respondents:</E>1,563.</P>
        <P>
          <E T="03">Average Hours per Response:</E>20 minutes.</P>
        <P>
          <E T="03">Burden Hours:</E>521.</P>
        <P>
          <E T="03">Needs and Uses:</E>This request is for extension of a current information collection.</P>

        <P>The Magnuson-Stevens Fishery Conservation and Management Act<PRTPAGE P="70139"/>(Magnuson-Stevens Act) authorizes the Gulf of Mexico Fishery Management Council (Council) to prepare and amend fishery management plans for any fishery in waters under its jurisdiction. National Marine Fisheries Service (NMFS) manages the shrimp fishery in the waters of the Gulf of Mexico under the Shrimp Fishery Management Plan (FMP). The regulations for the Gulf Shrimp Vessel and Gear Characterization Form may be found at 50 CFR 622.5(a)(1)(iii)(C).</P>
        <P>Owners or operators of vessels applying for or renewing a commercial vessel moratorium permit for Gulf shrimp must complete an annual Gulf Shrimp Vessel and Gear Characterization Form. The form will be provided by NMFS at the time of permit application and renewal. Compliance with this reporting requirement is required for permit issuance and renewal.</P>
        <P>Through this form, NMFS is collecting census-level information on fishing vessel and gear characteristics in the Gulf of Mexico Exclusive Economic Zone (EEZ) shrimp fishery to conduct analyses that will improve fishery management decision-making in this fishery; ensure that national goals, objectives, and requirements of the Magnuson-Stevens Act, National Environmental Policy Act (NEPA), Regulatory Flexibility Act (RFA), Endangered Species Act (ESA), and Executive Order (E.O.) 12866 are met; and quantify achievement of the performance measures in the NMFS' Operating Plans. This information is vital in assessing the economic, social, and environmental effects of fishery management decisions and regulations on individual shrimp fishing enterprises, fishing communities, and the nation as a whole.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Frequency:</E>Annually.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Mandatory.</P>
        <P>
          <E T="03">OMB Desk Officer:</E>
          <E T="03">OIRA_Submission@omb.eop.gov</E>.</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<E T="03">OIRA_Submission@omb.eop.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Gwellnar Banks,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28343 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">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>National Oceanic and Atmospheric Administration (NOAA).</P>
        <P>
          <E T="03">Title:</E>Vessel Monitoring System Requirements under the Western and Central Pacific Fisheries Convention.</P>
        <P>
          <E T="03">OMB Control Number:</E>0648-0596.</P>
        <P>
          <E T="03">Form Number(s):</E>None.</P>
        <P>
          <E T="03">Type of Request:</E>Regular submission (extension of a current information collection).</P>
        <P>
          <E T="03">Number of Respondents:</E>78.</P>
        <P>
          <E T="03">Average Hours per Response:</E>Activation reports and on/off notifications, 5 minutes each; installation and maintenance, 1 hour each.</P>
        <P>
          <E T="03">Burden Hours:</E>191.</P>
        <P>
          <E T="03">Needs and Uses:</E>This request is for an extension of a currently approved information collection.</P>

        <P>National Marine Fisheries Service (NMFS) has issued regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFCIA; 16 U.S.C. 6901<E T="03">et seq.</E>) to carry out the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), including implementing the decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission). The regulations include a requirement for the owners and operators of U.S. vessels that fish for highly migratory species on the high seas in the Convention Area to carry and operate near real-time satellite-based position-fixing transmitters (“VMS units”) at all times except when the vessel is in port. As part of this requirement, vessel owners and operators must transmit: (1) “On/off reports” to NMFS whenever the VMS unit is turned off while the vessel is in port, (2) “activation reports” to NMFS prior to the first use of a VMS unit, and</P>
        <P>(3) automatic “position reports” from the VMS unit to NOAA and the Commission as part of a vessel monitoring system (VMS) operated by the Commission (50 CFR 300.45). Under this information collection, it is expected that vessel owners and operators would also need to purchase, install, and occasionally maintain the VMS units.</P>
        <P>The information collected from the vessel position reports is used by NOAA and the Commission to help ensure compliance with domestic laws and the Commission's conservation and management measures, and are necessary in order for the United Stated to satisfy its obligations under the Convention.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit organizations.</P>
        <P>
          <E T="03">Frequency:</E>Annually and on occasion.</P>
        <P>
          <E T="03">Respondent's Obligation:</E>Mandatory.</P>
        <P>
          <E T="03">OMB Desk Officer: OIRA_Submission@omb.eop.gov.</E>
        </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<E T="03">OIRA_Submission@omb.eop.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Gwellnar Banks,</NAME>
          <TITLE>Management Analyst, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28346 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
        <DEPDOC>[B-55-2012]</DEPDOC>
        <SUBJECT>Foreign-Trade Zone 8—Toledo, OH; Authorization of Production Activity; Whirlpool Corporation (Washing Machines); Clyde and Green Springs, OH</SUBJECT>
        <P>On July 20, 2012 the Toledo-Lucas County Port Authority, grantee of FTZ 8, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board on behalf of Whirlpool Corporation, within Subzone 8I, in Clyde and Green Springs, Ohio.</P>

        <P>The notification was processed in accordance with the regulations of the<PRTPAGE P="70140"/>FTZ Board (15 CFR part 400), including notice in the<E T="04">Federal Register</E>inviting public comment (77 FR 46024, 8/2/2012). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board's regulations, including Section 400.14.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Andrew McGilvray,</NAME>
          <TITLE>Executive Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28479 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>Bureau of Industry and Security</SUBAGY>
        <SUBJECT>Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting</SUBJECT>
        <P>The Emerging Technology and Research Advisory Committee (ETRAC) will meet on December 12, 2012, 8:30 a.m., Room 6527, (closed session) and December 13, 2012, 8:30 a.m., Room 3884, (open session) at the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports.</P>
        <HD SOURCE="HD1">Agenda</HD>
        <HD SOURCE="HD2">Wednesday, December 12</HD>
        <FP SOURCE="FP-2">Closed Session: 8:30 a.m.-5:30 p.m.</FP>
        <FP SOURCE="FP1-2">1. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)(1) and l0(a)(3).</FP>
        <HD SOURCE="HD2">Thursday, December 13</HD>
        <FP SOURCE="FP-2">Open Session: 8:30 a.m.-4:00 p.m.</FP>
        <FP SOURCE="FP1-2">1. Open remarks from BIS and Chairs</FP>
        <FP SOURCE="FP1-2">2. Public comments</FP>
        <FP SOURCE="FP1-2">3. BIS overview on export controls for new members</FP>
        <FP SOURCE="FP1-2">4. BIS on 521 Provision</FP>
        <FP SOURCE="FP1-2">5. 3D Bio-printing</FP>
        <FP SOURCE="FP1-2">6. NAS study on Nanotech Initiative “tentative”</FP>
        <FP SOURCE="FP1-2">7. Rare Earths Study</FP>
        <FP SOURCE="FP1-2">8. Additive Manufacturing “tentative”</FP>

        <P>The open sessions will be accessible via teleconference to 40 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at<E T="03">Yvette.Springer@bis.doc.gov</E>no later than, December 5, 2012.</P>
        <P>A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.</P>
        <P>The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on October 4, 2012, pursuant to Section l0(d) of the Federal Advisory Committee Act, as amended, that the portion of the meeting dealing with matters of which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 sections 10(a)1 and 10(a)(3). The remaining portions of the meeting will be open to the public.</P>
        <P>For more information, call Yvette Springer at (202) 482-2813.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Yvette Springer,</NAME>
          <TITLE>Committee Liaison Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28497 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-JT-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-449-804; A-455-803; A-560-811; A-570-860; A-822-804; A-823-809; A-841-804]</DEPDOC>
        <SUBJECT>Steel Concrete Reinforcing Bars From Belarus, Indonesia, Latvia, Moldova, Poland, People's Republic of China and Ukraine: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>November 23, 2012.</P>
        </DATES>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>On July 2, 2012, the Department of Commerce (“Department”) initiated the second Sunset Reviews of the antidumping duty orders on steel concrete reinforcing bars from Belarus, Indonesia, Latvia, Moldova, Poland, the People's Republic of China and Ukraine. The Department finds that revocation of these antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the margins identified in the “Final Results of Reviews” section of this notice.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Mahnaz Khan or David Layton, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0914 and (202) 482-0371, respectively.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Background</HD>

        <P>The antidumping duty orders on steel concrete reinforcing bars from Belarus, Indonesia, Latvia, Moldova, the People's Republic of China (“PRC”), Poland, and Ukraine were published on September 7, 2001.<E T="03">See Antidumping Duty Orders: Steel Concrete Reinforcing Bars From Belarus, Indonesia, Latvia, Moldova, People's Republic of China, Poland, Republic of Korea and Ukraine,</E>66 FR 46777 (September 7, 2001).<SU>1</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>1</SU>On August 9, 2007, the Department revoked the antidumping duty order on steel concrete reinforcing bars with respect to the Republic of Korea.<E T="03">See Steel Concrete Reinforcing Bars From South Korea: Revocation of Antidumping Duty Order,</E>72 FR 44830 (August 9, 2007).</P>
        </FTNT>

        <P>On July 2, 2012, the Department initiated the second sunset reviews of these orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”).<E T="03">See Initiation of Five-Year (“Sunset”) Reviews,</E>77 FR 39218 (July 2, 2012) (“notice of initiation”). The Department received a notice of intent to participate from the following domestic parties: The Rebar Trade Action Coalition (“RTAC”) and its individual members, Nucor Corporation, Gerdau Long Steel North America, Cascade Steel Rolling Mills, Inc., and Commercial Metals Company (collectively, “domestic interested parties”), within the deadline specified in 19 CFR 351.218(d)(1)(i). Each individual member of the RTAC is a manufacturer of a domestic-like product in the United States and, accordingly, is a domestic interested party pursuant to section 771(9)(C) of the Act.</P>

        <P>On July 30, 2012, the Department received adequate substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no responses from respondent interested parties with respect to any of the orders covered by these sunset reviews. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting expedited (120-day) sunset<PRTPAGE P="70141"/>reviews of the antidumping duty orders for Belarus, Indonesia, Latvia, Moldova, Poland, the PRC, and Ukraine.</P>
        <HD SOURCE="HD1">Scope of the Orders</HD>

        <P>The product covered by the orders is all steel concrete reinforcing bars sold in straight lengths, currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) under item numbers 7214.20.00, 7228.30.8050, 7222.11.0050, 7222.30.0000, 7228.60.6000, 7228.20.1000, or any other tariff item number. Specifically excluded are plain rounds (<E T="03">i.e.,</E>non deformed or smooth bars) and rebar that has been further processed through bending or coating.</P>
        <P>Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the orders remains dispositive.</P>
        <HD SOURCE="HD1">Analysis of Comments Received</HD>

        <P>All issues raised in these reviews are addressed in the Issues and Decision Memorandum (“Decision Memorandum”) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, dated November 1, 2012, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum, which is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (“IA ACCESS”). IA ACCESS is available to registered users at<E T="03">http://iaaccess.trade.gov</E>and in the Central Records Unit in Room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at<E T="03">http://ia.ita.doc.gov/ia/</E>. The signed Decision Memorandum and electronic versions of the Decision Memorandum are identical in content.</P>
        <HD SOURCE="HD1">Final Results of Reviews</HD>
        <P>Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty orders on steel concrete reinforcing bars from Belarus, Indonesia, Latvia, Moldova, Poland, the PRC and Ukraine would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins:</P>
        <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Manufacturers/exporters/<LI>producers</LI>
            </CHED>
            <CHED H="1">Weighted-average margin<LI>(percent)</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">
              <E T="03">Belarus</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">Belarus-Wide Rate</ENT>
            <ENT>114.53</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">Indonesia</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Gunung Gahapi Sakti</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Bhirma Steel</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">Krakatau Wajatama</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Jakarta Steel Perdana Industri</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Hanil Jaya Metal Works</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Pulogadung Steel</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT Jakarta Cakra Tunggal</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PT The Master Steel Manufacturing Co.</ENT>
            <ENT>71.01</ENT>
          </ROW>
          <ROW>
            <ENT I="02">All Others Rate</ENT>
            <ENT>60.46</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">Latvia</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">Joint Stock Company Liepajas Metalurgs</ENT>
            <ENT>16.99</ENT>
          </ROW>
          <ROW>
            <ENT I="02">All Others Rate</ENT>
            <ENT>16.99</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">Moldova</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">Moldova-Wide Rate</ENT>
            <ENT>232.86</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">Poland</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">Stalexport</ENT>
            <ENT>52.07</ENT>
          </ROW>
          <ROW>
            <ENT I="02">All Others Rate</ENT>
            <ENT>47.13</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">PRC</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">Laiwu Steel Group</ENT>
            <ENT>133.00</ENT>
          </ROW>
          <ROW>
            <ENT I="02">PRC-Wide Rate</ENT>
            <ENT>133.00</ENT>
          </ROW>
          <ROW>
            <ENT I="22">
              <E T="03">Ukraine</E>
            </ENT>
          </ROW>
          <ROW>
            <ENT I="02">All Others Rate</ENT>
            <ENT>41.69</ENT>
          </ROW>
        </GPOTABLE>
        <P>This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.</P>
        <P>We are issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.</P>
        <SIG>
          <DATED>Dated: November 1, 2012.</DATED>
          <NAME>Paul Piquado,</NAME>
          <TITLE>Assistant Secretary for Import Administration.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28480 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <SUBJECT>Application(s) for Duty-Free Entry of Scientific Instruments</SUBJECT>
        <P>Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.</P>
        <P>Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before December 13, 2012. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720.</P>
        <P>
          <E T="03">Docket Number:</E>12-048.<E T="03">Applicant:</E>Howard Hughes Medical Institute, 4000 Jones Bridge Rd., Chevy Chase, MD 20815.<E T="03">Instrument:</E>Micro-litre and nanolitre dispensing system.<E T="03">Manufacturer:</E>TTP Labtech Ltd, United Kingdom.<E T="03">Intended Use:</E>The instrument will be used to obtain crystals of biological macromolecules and complexes such as ribonucleic acid, proteins, and ribosomes to enable the determination of their three-dimensional atomic resolution structures. The unique features of this instrument which are required for the experiments are that it has a disposable tip system, its speed of operation, and its ability to deliver the small drops required to perform the experiments.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States.<E T="03">Application accepted by Commissioner of Customs:</E>October 23, 2012.</P>
        <P>
          <E T="03">Docket Number:</E>12-049.<E T="03">Applicant:</E>Howard Hughes Medical Institute, 4000 Jones Bridge Rd., Chevy Chase, MD 20815.<E T="03">Instrument:</E>Micro-litre and nanolitre dispensing system.<E T="03">Manufacturer:</E>TTP Labtech Ltd, United Kingdom.<E T="03">Intended Use:</E>The instrument will be used to obtain crystals of biological macromolecules and complexes such as ribonucleic acid, proteins, and ribosomes to enable the determination of three-dimensional atomic resolution structures. The unique features of this instrument which are required for the experiments are that it has a disposable tip system, its speed of operation, and its ability to deliver the small drops required to perform the experiments.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States.<E T="03">Application accepted by Commissioner of Customs:</E>October 18, 2012.<PRTPAGE P="70142"/>
        </P>
        <P>
          <E T="03">Docket Number:</E>12-050.<E T="03">Applicant:</E>North Carolina State University, Campus Box 7212, Raleigh, NC 27695.<E T="03">Instrument:</E>Twin-screw Microcompounder.<E T="03">Manufacturer:</E>DSM, Netherlands.<E T="03">Intended Use:</E>The instrument will be used to study biomaterials such as starches, lignin, and proteins, and compare them with styrenics and petroleum based materials. The behavior of these materials before, during, and after physical or chemical modification, in excess or limited water, without shear or at high shear, as well as their hydration, plasiticization or blending with other oligomers will be investigated. Moreover, foams will be generated by the use of blending a suitable blowing agent and/or the carbonization of the materials to determine their density, foam structure and tensile and compression properties. The goal of this project will be to identify suitable technologies for producing moldable biomass based materials for applications presently occupied by conventional plastics. The core of this research will use rheology, spectroscopies and thermal techniques to follow macromolecular structures and functions on the biopolymers after applying the extruder. The unique features of this instrument are its recirculation loop and its ability to connect to a fiber spinner.<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States.<E T="03">Application accepted by Commissioner of Customs:</E>October 22, 2012.</P>
        <P>
          <E T="03">Docket Number:</E>12-051.<E T="03">Applicant:</E>University of Central Florida, 4000 Central Florida Blvd., Orlando, FL 32816.<E T="03">Instrument:</E>Near Ambient Pressure Scanning Probe Microscope.<E T="03">Manufacturer:</E>SPECS Surface Nano Analysis, GmbH, Germany.<E T="03">Intended Use:</E>The instrument will be used to determine the relationships between nanoparticle size, shape and chemical state and their catalytic activity in various chemical reactions, by investigating solid cataltically-active materials such as transition metals and examining their chemical states and chemical reactivity before and after applying a specified pressure and temperature inside a vacuum chamber inside the instrument. The unique features of this instrument include its small volume (0.045 L) reaction cell in which the sample and STM scanner are placed, which can maintain a pressure of up to 100 mbar while the surrounding large volume (&gt;100 L) Ultra-High Vacuum (UHV) chamber maintains a pressure lower than 10<E T="51">−6</E>mbar, allowing the sample to be held at a controlled pressure ranging from UHV up to 100 mbar while measurements are recorded, and can be easily integrated into a system of other UHV measurement instruments to transfer the sample to other measurement chambers. In addition to pressure control, another unique feature of the instrument is its ability to control the temperature from room temperature to 300 degrees Celsius in a gaseous environment (up to 10 mbar).<E T="03">Justification for Duty-Free Entry:</E>There are no instruments of the same general category manufactured in the United States.<E T="03">Application accepted by Commissioner of Customs:</E>October 25, 2012.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Gregory W. Campbell,</NAME>
          <TITLE>Director of Subsidies Enforcement, Import Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28523 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>International Trade Administration</SUBAGY>
        <DEPDOC>[A-821-809]</DEPDOC>
        <SUBJECT>Initialed Draft Revision to the Agreement Suspending the Antidumping Investigation on Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From the Russian Federation; Request for Comment</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Import Administration, International Trade Administration, Department of Commerce.</P>
        </AGY>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Commerce (“the Department”) and the Russian Federation's Ministry of Economic Development (“MED”) have initialed a draft revision to the Agreement Suspending the Antidumping Investigation on Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products (“Suspension Agreement”). The proposed revision will update the reference prices provided under the Suspension Agreement applicable to October 1, 2012 through December 31, 2012, to bring them into alignment with current U.S. prices. The Department is now inviting interested parties to comment on the text of the proposed revision.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted by no later than November 23, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Sally C. Gannon at (202) 482-0162 or Anne D'Alauro (202) 482-4830, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street &amp; Constitution Avenue NW., Washington, DC 20230.</P>
          <HD SOURCE="HD1">Background</HD>

          <P>On July 12, 1999, the Department and the Ministry of Trade (“MOT”) of the Russian Federation signed an agreement under section 734<E T="03">(l)</E>of the Tariff Act of 1930, as amended (“the Act”), suspending the antidumping duty (“AD”) investigation on hot-rolled flat-rolled carbon-quality steel products (“hot-rolled steel”) from the Russian Federation.<E T="03">See Suspension of Antidumping Duty Investigation: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation,</E>64 FR 38642 (July 19, 1999). Upon the request of the petitioners, the investigation was continued and the Department made an affirmative final determination of sales at less than fair value.<E T="03">See Notice of Final Determination of Sales at Less Than Fair Value: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation,</E>64 FR 38626 (July 19, 1999). Likewise, the International Trade Commission (“ITC”) continued its investigation and made an affirmative determination of material injury to an industry in the United States.<E T="03">See Certain Hot-Rolled Steel Products from Brazil and Russia,</E>64 FR 46951 (August 27, 1999). MOT was the predecessor to MED, which is now the relevant agency representing the Government of the Russian Federation for purposes of this Suspension Agreement.</P>

          <P>On August 1, 2011, Nucor Corporation (“Nucor”) submitted a request for an administrative review pursuant to<E T="03">Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review,</E>76 FR 38609 (July 1, 2011). On August 26, 2011, the Department initiated an administrative review of the Suspension Agreement.<E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part,</E>76 FR 53404 (August, 26, 2011). On April 2, 2012, the Department postponed the preliminary results of this review until May 24, 2012.<E T="03">See Notice of Extension of Time Limit for the Preliminary Results of Administrative Review of the Suspension Agreement on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation,</E>77 FR 19619 (April 2, 2012).</P>

          <P>On June 1, 2012, the preliminary results of the administrative review were published.<E T="03">See Notice of Preliminary Results of the Administrative Review of the Suspension Agreement on Hot-Rolled<PRTPAGE P="70143"/>Flat-Rolled Carbon-Quality Steel Products from the Russian Federation,</E>77 FR 32513 (June 1, 2012) (“<E T="03">Preliminary Results”</E>). Section 751(a)(1)(C) of the Act specifies that, in an administrative review of a suspension agreement, the Department shall “review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.” In this case, the Department and MOT (the predecessor to MED) of the Russian Federation signed the Suspension Agreement, which suspended the underlying AD investigation on July 12, 1999. Because the Department determined that the Russian Federation was a non-market economy at that time, the Suspension Agreement was entered into under section 734(<E T="03">l</E>) of the Act, which applies to non-market-economy countries.<SU>1</SU>

            <FTREF/>This section provides that the Department may suspend an investigation upon acceptance of an agreement with a non-market-economy country to restrict the volume of imports into the United States, if the Department determines that the agreement: is in the public interest, effective monitoring is possible, and the agreement “will prevent the suppression or undercutting of price levels of domestic products by imports of the merchandise under investigation.”<E T="03">See</E>Section 734(<E T="03">l</E>)(1) of the Act. For this purpose, the Suspension Agreement's terms established annual quota limits and a reference price mechanism to provide minimum prices for sales of Russian hot-rolled steel imports into the U.S. market. The reference price mechanism relies on quarterly adjustments, based on the average unit prices of fairly-traded imports as reported by the U.S. Bureau of the Census, as specified under Section III.E of the Agreement.</P>
          <FTNT>
            <P>
              <SU>1</SU>In a memorandum dated June 6, 2002, based on the evidence of Russian economic reforms to that date, the Department revoked Russia's status as a non-market-economy under section 771(18)(B) of the Act, with such revocation effective as of April 1, 2002.</P>
          </FTNT>

          <P>In evaluating the information on the record of the administrative review with respect to the current status of, and compliance with, the Suspension Agreement, the Department preliminarily determined that the Suspension Agreement's reference price mechanism, in its current form, was no longer preventing price undercutting by Russian imports of hot-rolled steel into the U.S. market, and, as a result, also preliminarily determined that the Suspension Agreement was no longer fulfilling its statutory requirement. The record evidence indicated that the adjustments made quarterly within the Suspension Agreement's current reference price mechanism have failed to keep pace with changes in U.S. prices. Further, once the reference prices became too low relative to U.S. market prices, the subsequent quarterly adjustments were no longer effective in providing new reference prices that were reflective of U.S. market prices for hot-rolled steel. In addition, the record evidence and the Department's analysis indicated that the failing reference price mechanism, as described, has led to the undercutting of domestic hot-rolled steel price levels by Russian hot-rolled steel imports during the period of review (“POR”). In its<E T="03">Preliminary Results,</E>the Department separately determined that the Government of the Russian Federation did not violate the terms of the Suspension Agreement during the POR.</P>
          <P>In the<E T="03">Preliminary Results,</E>the Department stated that, in February 2012, it had entered into consultations with MED to discuss the issues raised in the administrative review and the ineffective reference price mechanism and that it intended to move forward with additional consultations with MED during this administrative review, as mutually agreed, in an attempt to resolve these concerns and to bring the Suspension Agreement back into alignment with its statutory requirement to prevent the undercutting of domestic price levels for hot-rolled steel.<E T="03">See Preliminary Results,</E>at 32516. Since the preliminary results were issued, MED and the Department negotiated and initialed a revision to the Suspension Agreement to address the concerns with the ineffective reference price mechanism in the current agreement.</P>
          <HD SOURCE="HD1">Initialed Draft Revision</HD>
          <P>On November 14, 2012, and November 15, 2012, respectively, the Department and MED initialed a draft revision to the Suspension Agreement. The proposed revision updates the reference prices provided within the Suspension Agreement for the October 1, 2012 through December 31, 2012, period in order to bring them into alignment with U.S. market prices and also modifies the existing mechanism for calculating percentage changes going forward. The text of the draft revision follows in Annex 1 to this notice.</P>

          <P>On November 15, 2012, the Department released the initialed draft revision and a request for comments to interested parties.<E T="03">See</E>Memorandum to All Interested Parties from Sally C. Gannon re “Draft Revision to the Agreement Suspending the Antidumping Investigation on Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation” (November 15, 2012) (“Request for Comments”). The Department noted in the Request for Comments that, although the draft revision and request for comments would be published in the<E T="04">Federal Register</E>, the Request for Comments constituted the official notice to all known interested parties of this opportunity and that comments were due to be submitted to the Department by close-of-business on November 23, 2012. As also noted in the Request for Comments, any comments submitted to the Department must be filed both on the Suspension Agreement and Administrative Review segments of this proceeding.</P>

          <P>With this additional notice, the Department reiterates that interested parties are invited to submit comments to the Department on the draft revision to the Suspension Agreement no later than November 23, 2012. Comments from interested parties must be filed electronically using Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (“IA ACCESS”) and must be received by IA ACCESS by 5 p.m. Eastern Time by November 23, 2012. All information provided to the Department will be subject to release under Administrative Protective Order (“APO”) and should be submitted in accordance with 19 CFR 351.103 and 19 CFR 351.105 of the Department's regulations, including the service of copies of comments on interested parties to this proceeding. The APO and public service lists in this proceeding can be found at the following Web site address:<E T="03">http://ia.ita.doc.gov/apo/apo-svc-lists.html.</E>The Department will consider all comments received by the close of the comment period. Any finalized revision to the Agreement must be signed by the Department and MED by November 30, 2012.</P>
          <SIG>
            <DATED>Dated: November 16, 2012.</DATED>
            <NAME>Ronald K. Lorentzen,</NAME>
            <TITLE>Deputy Assistant Secretary for Import Administration.</TITLE>
          </SIG>
          <HD SOURCE="HD1">Annex 1</HD>
          <HD SOURCE="HD2">Draft Dated November 14, 2012</HD>
          <HD SOURCE="HD3">Revision to the Antidumping Suspension Agreement On Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation</HD>

          <P>The Agreement Suspending the Antidumping Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation,<PRTPAGE P="70144"/>signed on July 12, 1999, is revised as set forth below.</P>
          <P>The Preamble is revised by adding the following paragraph to the end:</P>
          <P>The Ministry of Economic Development of the Russian Federation (“MED”) and the Department of Commerce (“DOC”) acknowledge that, for purposes of the Agreement Suspending the Antidumping Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation, as revised (“Agreement”), the successor in interest to MOT is MED. All references to MOT in this Agreement shall be understood to indicate MED.</P>
          <P>Section III.C is revised, as follows:</P>
          <P>III.C. The Reference Prices for the fourth quarter of the 2012 Export Limit Period, corresponding to October 1, 2012 through December 31, 2012, shall be updated by using the following procedure:</P>

          <P>1. To update the Reference Price for Group One products, DOC shall average FOB U.S. mill (East of the Mississippi) prices for hot-rolled band (“HRB”) from the public source<E T="03">SteelBenchmarker</E>for the two months, September and October 2012, resulting in $684 per metric ton.<SU>2</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>

              <SU>2</SU>Group One corresponds to the original grades in the reference price calculation under Section III.C of the Agreement, including modifications to that grade grouping made pursuant to administrative proceedings conducted over the course of the administration of the Agreement.<E T="03">See http://ia.ita.doc.gov/reference-price/refprice-a821809.html</E>for the October 1, 2004-December 31, 2004 quarter.</P>
          </FTNT>

          <P>2. DOC shall decrease the two-month average price resulting from Section III.C.1 by two percent to account for the percentage difference between the average<E T="03">SteelBenchmarker</E>price and the average unit value of fairly-traded imports for the July 2010 through July 2012 period, resulting in $670.32 per metric ton.</P>
          <P>3. DOC shall adjust the price resulting from Section III.C.2 for freight and transportation expenses, using the following methodology. DOC shall calculate the freight and transportation expenses using publicly-available import statistics from the U.S. Bureau of the Census (from the International Trade Commission's Dataweb) for January-June 2012. Based on the difference between the CIF values of Russian hot-rolled steel imports relative to the Customs values for the same entries during this period, DOC shall calculate the percentage ratio to be used as a deduction for freight and transportation expenses. DOC shall then subtract the resulting percentage amount of 10.23 percent from the price calculated in Step 2 above to determine the updated Reference Price of $601.75 per metric ton for Group One products for the October 1, 2012, through December 31, 2012, quarterly period.</P>
          <P>4. DOC shall calculate the Reference Prices for products in Groups Two and Three for the October 1, 2012, through December 31, 2012, quarterly period based on a 10 and 28 percent increase, respectively, to the Reference Price calculated for Group One, as set forth above.<SU>3</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>

              <SU>3</SU>Groups Two (including modifications) and Three were added to the reference price calculation, in accordance with Section III.D of the Agreement, and as a result of administrative proceedings conducted over the course of the administration of the Agreement.<E T="03">See http://ia.ita.doc.gov/reference-price/refprice-a821809.html</E>for the October 1, 2005-December 31, 2005 quarter.</P>
          </FTNT>
          <P>5. The resulting updated Reference Prices for the October 1, 2012 through December 31, 2012, quarterly period are as follows:</P>
          <GPOTABLE CDEF="s200,15" COLS="2" OPTS="L2,tp0,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1">Group</CHED>
              <CHED H="1">Q4 2012<LI>Reference price</LI>
              </CHED>
            </BOXHD>
            <ROW EXPSTB="01" RUL="s">
              <ENT I="21">
                <E T="02">One—Commercial and Structural Quality</E>
              </ENT>
            </ROW>
            <ROW EXPSTB="00" RUL="s">
              <ENT I="01">A36, A1011-CS; A1011-SS-Grades 30, 33, 36, 40; A1018-SS-Grades 30, 33, 36, 40; API 5L Grades A &amp; B</ENT>
              <ENT>$601.75</ENT>
            </ROW>
            <ROW EXPSTB="01" RUL="s">
              <ENT I="21">
                <E T="02">Two—HSLA &amp; HSLA-F Quality</E>
              </ENT>
            </ROW>
            <ROW EXPSTB="00" RUL="s">
              <ENT I="01">Grades: A572, A1011-HSLAS;A1018-HSLAS, A1011-HSLAS-F; A1018-HSLAS-F; API 5L Gr. X42, X46, X52, X56, X60; API 5CT Grades J55 and K55</ENT>
              <ENT>$661.92</ENT>
            </ROW>
            <ROW EXPSTB="01" RUL="s">
              <ENT I="21">
                <E T="02">Three—High Grade Coils and Sheets for Pipes and Casings</E>
              </ENT>
            </ROW>
            <ROW EXPSTB="00">
              <ENT I="01">API 5L Gr. X65, X70, and X80</ENT>
              <ENT>$770.24</ENT>
            </ROW>
          </GPOTABLE>
          <P>Section III.E is replaced with:</P>

          <P>III.E. Thirty days before the start of each quarter of each Export Limit Period (beginning with the first quarter, or January 1, 2013, through March 31, 2013), DOC shall calculate the new quarterly Reference Prices, based on the percentage increase or decrease in the weighted-average unit import values for hot-rolled steel from all countries not subject to antidumping duty orders or investigations over the most recent three months for which data is available, compared to the three preceding months. The source of the unit import values will be publicly-available import statistics from the U.S. Bureau of the Census (International Trade Commission's Dataweb). DOC will provide MED with the worksheets supporting its calculation of the quarterly Reference Prices at the time it provides the Reference Prices to MED. For the first calculation only,<E T="03">i.e.,</E>for the quarterly reference prices effective for January 1, 2013, through March 31, 2013, the Department shall delay issuance of the reference prices to MED until the U.S. Bureau of the Census releases data for October 2012 which shall be incorporated into this calculation.</P>
          <P>To the extent that there are any inconsistencies between this revision and the Agreement, the provisions of the Agreement are superseded, and the provisions of this revision shall govern. All other provisions of the Agreement and their applicability continue with full force.</P>
          <EXTRACT>
            <FP SOURCE="FP-DASH"/>
            <FP>Ronald K Lorentzen,</FP>
            <FP>
              <E T="03">Deputy Assistant Secretary for Import Administration.</E>
            </FP>
            
            <FP>For the United States Department of Commerce.</FP>
            
            <FP>Initialed by Ronald K Lorentzen on 11/14/12.</FP>
            
            <FP SOURCE="FP-DASH">Date:</FP>
            <FP SOURCE="FP-DASH"/>
            <FP>Alexey Likhachev,</FP>
            <FP>
              <E T="03">Deputy Minister.</E>
            </FP>
            
            <FP>For the Ministry of Economic Development of the Russian Federation.</FP>
            
            <FP>Initialed by Alexey Likhachev on 11/15/12.</FP>
            
            <FP SOURCE="FP-DASH">Date:</FP>
          </EXTRACT>
          
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28452 Filed 11-20-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70145"/>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <AGENCY TYPE="O">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Fish and Wildlife Service</SUBAGY>
        <RIN>RIN 0648-XC275</RIN>
        <SUBJECT>Notice of Availability of a Draft Environmental Impact Statement/Program Timberland Environmental Impact Report Associated With an Application for an Incidental Take Permit for Mendocino Redwood Company's Habitat Conservation Plan and Natural Community Conservation Plan, Mendocino County, CA</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (USFWS), Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability and receipt of application.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces the availability of the draft Mendocino Redwood Company Habitat Conservation Plan and Natural Community Conservation Plan (Proposed Plan), draft Implementing Agreement, and draft Environmental Impact Statement/Program Timberland Environmental Impact Report (EIS/PTEIR) for public review and comment. In response to receipt of an application from The Mendocino Redwood Company (MRC; Applicant), the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (Services) are considering the proposed action of issuing an 80-year incidental take permit for nine federally listed species and two currently unlisted species. The proposed permit would authorize take of individual members of species listed under section 10 of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended. The permit is needed because take of species could occur during timber harvest, forest management, and related activities within the 213,244-acre Proposed Plan Area in western Mendocino County, CA.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Two public meetings will be held: Tuesday, December 11, 2012, from 7 p.m. to 9 p.m. (Ukiah, California), and Wednesday, December 12, 2012, from 7 p.m. to 9 p.m. (Fort Bragg, California). Written comments should be received on or before February 21, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The public meetings will be held at: Redwood Empire Fair Fine Arts Building, 1055 North State Street, Ukiah, CA 95482; and at C.V. Starr Center, 300 S. Lincoln St., Fort Bragg, CA 95437. Send comments by mail or facsimile to: (1) Eric Shott, National Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404, facsimile (707) 578-3435; or (2) John Hunter, Fish and Wildlife Biologist, Fish and Wildlife Service, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, California 95521, facsimile (707) 822-8411. Send comments by email to<E T="03">mrc.hcpitp@noaa.gov.</E>Copies of all email comments will be routed to the U.S. Fish and Wildlife Service.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Eric Shott, National Marine Fisheries Service (see<E T="02">ADDRESSES</E>, above, or at 707-575-6089), or John Hunter, U.S. Fish and Wildlife Service (see<E T="02">ADDRESSES</E>, above, or at 707-822-7201).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Availability of Documents</HD>

        <P>Copies of the draft Proposed Plan, draft Implementing Agreement and draft EIS/PTEIR are available for public review during regular business hours from 9 a.m. to 5 p.m. at the National Marine Fisheries Service (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>); the U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>); Mendocino County Library, Fort Bragg Branch Library, 499 Laurel Street, Fort Bragg, CA 95437; and Mendocino County Library, Main Branch Library, 105 North Main Street, Ukiah, CA 95482. Individuals wishing to obtain copies of the draft Proposed Plan, draft Implementing Agreement, and draft EIS/PTEIR should contact either of the Services by telephone (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>) or by letter (see<E T="02">ADDRESSES</E>). These documents also are available on the NMFS' Southwest Region Web site at<E T="03">http://swr.nmfs.noaa.gov/nepa.htm</E>and the Arcata Fish and Wildlife Office Web site at<E T="03">http://www.fws.gov/arcata/.</E>
        </P>
        <HD SOURCE="HD1">Public Involvement</HD>

        <P>The initial Notice of Intent to prepare an draft EIS/EIR for this project was published in the<E T="04">Federal Register</E>on June 6, 2002 (67 FR 38932), and public scoping meetings were held on June 25, June 26, and June 27, 2002.</P>
        <HD SOURCE="HD1">Background Information</HD>

        <P>Section 9 of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531<E T="03">et seq.</E>), and Federal regulations prohibit the take of fish and wildlife species listed as endangered or threatened by either of the Services (16 U.S.C. 1538). The ESA defines the term “take” as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532). Harm includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)]. Pursuant to section 10(a)(1)(B) of the ESA, the Services may issue permits to authorize incidental take of listed fish or wildlife; i.e., take that is incidental to, and not the purpose of, otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively.</P>
        <P>Although take of listed plant species is not prohibited under the ESA, and therefore cannot be authorized under an incidental take permit, plant species may be included on a permit in recognition of the conservation benefits provided to them under a Habitat Conservation Plan (HCP). All species included on an incidental take permit would receive assurances under the Services “No Surprises” regulation 50 CFR 17.22(b)(5) and 17.32(b)(5).</P>
        <P>The application for an incidental take permit was prepared and submitted by Mendocino Redwood Company (Applicant). The Applicant has prepared an HCP to satisfy the application requirements for a section 10(a)(1)(B) permit under the ESA, a section 2835 permit under the California Natural Community Conservation Planning Act of 2002 (NCCPA), and for compliance with California Code of Regulations 14 §§ 916.9(w)(3)-(4), 919.9(d), 919.11, and 1092.21(d) under the California Forest Practice Rules (FPRs). Thus, the Proposed Plan constitutes an HCP pursuant to the ESA, and a Natural Community Conservation Plan pursuant to the California NCCPA.</P>
        <P>The Applicant seeks an 80-year incidental take permit for covered activities within a proposed 213,244 acre Plan Area located entirely in Mendocino County, California. The Proposed Plan Area includes commercial timberlands owned by Mendocino Redwood Company that are located west of U.S. Route 101, and includes portions of the Albion, Big, Garcia, South Fork Eel, Navarro, Noyo, and upper Russian River river watersheds, as well as portions of Cottaneva, Howard, Hardy, Juan, Alder, Elk, Greenwood, and Mallo Pass creek watersheds.</P>

        <P>The Applicant has requested permits that will authorize take of nine animals listed as threatened or endangered under the ESA and two species that are<PRTPAGE P="70146"/>not currently listed under the Act. The following five listed species are proposed for coverage under the NMFS permit: Coho salmon (Southern Oregon/Northern California Coast Evolutionary Significant Unit [ESU]) (<E T="03">Oncorhynchus kisutch</E>); coho salmon (Central California Coast ESU) (<E T="03">O. kisutch</E>); Chinook salmon (California Coastal ESU) (<E T="03">O. tshawytscha</E>); steelhead (Northern California Distinct Population Segment [DPS]) (<E T="03">O. mykiss</E>); and steelhead (Central California Coast DPS) (<E T="03">O. mykiss</E>). The following four listed species are proposed for coverage under the USFWS permit: California red-legged frog (<E T="03">Rana draytonii</E>); northern spotted owl (<E T="03">Strix occidentalis caurina</E>); marbled murrelet (<E T="03">Brachyramphus marmoratus</E>); and Point Arena mountain beaver (<E T="03">Aplodontia rufa nigra</E>). The proposed USFWS permit would also cover two animal species that are not currently listed under the ESA: Northern red-legged frog (<E T="03">R. aurora</E>); and coastal tailed frog (<E T="03">Ascaphus truei</E>).</P>
        <P>If the Proposed Plan is approved and the permits are issued, take authorization of covered listed species would be effective at the time of permit issuance. Take of the currently nonlisted covered species would be authorized concurrent with the species' listing under the ESA, should they be listed during the permit period. The Proposed Plan is intended to be a comprehensive document, providing for species conservation and habitat planning, while allowing the Applicant to better manage ongoing forestry operations. The Proposed Plan also is intended to provide a coordinated process for permitting and mitigating the take of covered species as an alternative to the current project-by-project approach.</P>
        <P>In order to comply with the requirements of the ESA, California Endangered Species Act, the California Natural Community Conservation Act (NCCPA), and the California Forest Practice Rules (FPRs), the Proposed Plan addresses a number of required elements, including: Species and habitat goals and objectives; evaluation of the effects of covered activities on covered species, including indirect and cumulative effects; a conservation strategy; a monitoring and adaptive management program; descriptions of changed circumstances and remedial measures; identification of funding sources; and an assessment of alternatives to take of listed species.</P>
        <P>Proposed covered activities within the Proposed Plan are all related to forestry operations and include timber felling, transportation, road and landing construction, maintenance, development and operation of rock pits and water drafting sites, site preparation, tree planting, thinning and other silvicultural activities, prescribed burning, habitat restoration and improvement, and monitoring and research in the Proposed Plan Area.</P>
        <P>The Proposed Plan's conservation strategy was designed to maintain or improve habitat conditions for listed and nonlisted covered species. The Proposed Plan includes minimization measures, such as disturbance buffers and sediment control measures that would avoid or minimize take of covered species from ongoing operations. The Proposed Plan also includes mitigation for take of covered species, including maintenance and enhancement of riparian areas, wetland areas, hardwood stands, and late successional coniferous forest stands. A 1,237-acre Lower Alder Creek Management area also would be established at the outset of the Proposed Plan. The only forest management that would be permitted within this management area would enhance habitat conditions for the marbled murrelet in order to offset any loss of any occupied marbled murrelet habitat that occurs elsewhere in the proposed Plan Area during the permit term. Habitat protected under the Proposed Plan would be monitored, and annual reports documenting the status of the species and compliance with the Proposed Plan would be submitted to the Services.</P>
        <HD SOURCE="HD1">National Environmental Policy Act Compliance</HD>
        <P>Proposed permit issuance triggers the need for compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Accordingly, a joint NEPA/CEQA document has been prepared. As co-lead Federal agencies, the Services have responsibility for compliance under NEPA and are providing notice of the availability of the draft EIS/PTEIR, which evaluates the impacts of proposed issuance of the permit and implementation of the Proposed Plan, as well as a reasonable range of alternatives.</P>
        <P>The draft EIS/PTEIR analyzes five alternatives, including the Proposed Plan, described above. The five alternatives being considered by the Services are the following:</P>
        <P>
          <E T="03">Proposed Plan Alternative:</E>Under this alternative, the Proposed Plan as described above would be adopted. The Applicant would receive an 80-year incidental take permit for 11 species under Section 10(a)(1)(B) of the ESA and Section 2835 of the NCCPA.</P>
        <P>
          <E T="03">No Action Alternative:</E>Under this alternative, the Proposed Plan would not be adopted, and permits pursuant to Section 10(a)(1)(B) of the ESA and Section 2835 of the NCCPA would not be issued by the Services and California Department of Fish and Game, respectively. The Applicant would operate under existing California Forest Practice Rules and seek compliance with Federal and California ESAs on a case-by-case basis.</P>
        <P>
          <E T="03">Alternative A:</E>Under this enhanced HCP alternative, the permit term and species covered would be the same as under the Proposed Plan, but there would be additional measures to enhance conservation of key aquatic and terrestrial habitats. Additional measures would include some larger protective streamside buffers and higher tree retention standards.</P>
        <P>
          <E T="03">Alternative B:</E>Under this terrestrial reserves alternative, the permit term would be the same as under the Proposed Plan, but only two terrestrial species (northern spotted owl and marbled murrelet) would be covered, and the minimization and mitigation for the take of covered species would be largely achieved via a system of species-specific no-harvest reserves. Unlike the other alternatives, non-reserve lands would be managed in a manner that emphasizes even-aged management of timber stands. Under this alternative, the California permit issued would not be under the NCCPA, but rather under Section 2080.1 or 2081 of the California Fish and Game Code.</P>
        <P>
          <E T="03">Alternative C:</E>Under this alternative, the Federal and California permits would be issued for only 40 years, during which time lands would be managed as under the Proposed Plan. After 40 years, land would be managed as under the No Action Alternative. Point Arena mountain beaver, northern red-legged frog, and coastal tailed frog would not be included as covered species on the take permits. Under this alternative, the California permit issued would not be under the NCCPA, but rather under Section 2080.1 or 2081 of the California Fish and Game Code.</P>
        <HD SOURCE="HD1">Public Comments</HD>

        <P>The Services invite the public to comment on the draft Proposed Plan, draft implementing agreement, and draft EIS/PTEIR during a 90-day public comment period beginning on the date of this notice. All comments received, including names and addresses, will become part of the administrative record and may be made available to the public.<PRTPAGE P="70147"/>
        </P>
        <P>Comments submitted in an email will be accepted provided they do not exceed 6 megabytes in size and are virus free. Hypertext email links to other Web pages or publications shall not be deemed the equivalent of written comment.</P>
        <P>The Services will evaluate the applications, associated documents, and comments submitted to them to prepare a final EIS/PTEIR. A permit decision will be made no sooner than 30 days after the publication of the final EIS/PTEIR.</P>
        <P>This notice is provided pursuant to section 10(a) of the ESA and Service regulations for implementing NEPA, as amended (40 CFR 1506.6). We provide this notice in order to allow the public, agencies, or other organizations to review and comment on these documents.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Alexander Pitts,</NAME>
          <TITLE>Deputy Regional Director, Pacific Southwest Region, USFWS.</TITLE>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Angela Somma,</NAME>
          <TITLE>Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28489 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P; 4310-55-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <SUBJECT>Fish and Wildlife Service  0648-XB088</SUBJECT>
        <SUBJECT>Environmental Impact Statement; Availability: Authorization for Incidental Take and Implementation of the Stanford University Habitat Conservation Plan</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (USFWS), Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability of final environmental impact statement, multi-species habitat conservation plan, and implementing agreement.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces the availability for public review of the Final Environmental Impact Statement (FEIS) for Authorization for Incidental Take and Implementation of the Stanford University Habitat Conservation Plan; the Stanford University Habitat Conservation Plan (HCP); and the Implementing Agreement (IA). Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that we, the USFWS and NMFS (collectively the Services), have received applications for 50-year Incidental Take Permits (ITPs) pursuant to the Endangered Species Act of 1973, as amended (ESA) from the Board of Trustees of Leland Stanford Junior University (Stanford; Applicant). The Applicant seeks the ITPs to authorize incidental take of the covered species that could occur as a result of the proposed covered activities.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written comments on the FEIS, HCP, and IA, must be received by 5 p.m. Pacific Time on December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments concerning the FEIS, HCP, and IA can be sent by U.S. Mail, facsimile, or email to (1) Mike Thomas, Division Chief, Conservation Planning Division, Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825, facsimile (916) 414-6713; (2)<E T="03">FW8Stanford_HCP@fws.gov</E>. Include the document identifier: Stanford HCP; (3) Gary Stern, San Francisco Bay Branch Supervisor, National Marine Fisheries Service, North Central California Office, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404, facsimile (707) 578-3435; or (4)<E T="03">Stanford.HCP@noaa.gov</E>. Include the document identifier: Stanford HCP.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Gary Stern, San Francisco Bay Branch Supervisor, NMFS, telephone (707) 575-6060, Sheila Larsen, Senior Staff Biologist, USFWS; telephone (916) 414-6685, or Mike Thomas, Chief, Conservation Planning Division, USFWS; telephone (916) 414-6600.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>This notice is provided pursuant to the ESA and regulations for implementing NEPA, as amended (40 CFR 1506.6), to inform the public that the FEIS and HCP, and the Services' responses to public comments are available for review, and that the Services have filed a FEIS with the U.S. Environmental Protection Agency (EPA) for public notice. The decision on whether to issue ITPs to Stanford will be made by the Services no sooner than 30 days after the publication of the EPA's public notice. Copies of the FEIS, HCP and IA are available for public review during regular business hours from 9 a.m. to 5 p.m. at the USFWS, Sacramento Fish and Wildlife Office (see<E T="02">ADDRESSES</E>), and the NMFS, North Central California Office (see<E T="02">ADDRESSES</E>). Additionally, hard bound copies of the FEIS, HCP, and IA are available for viewing, or for partial or complete duplication, at the following locations:</P>
        <P>1. Social Sciences Resource Center, Green Library, Room 121, Stanford, CA 94305.</P>
        <P>2. Palo Alto Main Library, 1213 Newell Road, Palo Alto, CA 94303.</P>

        <P>Individuals wishing to obtain copies of the FEIS, HCP, or IA should contact either of the Services by telephone (see<E T="02">FOR FURTHER INFORMATION CONTACT</E>) or by letter (see<E T="02">ADDRESSES</E>). These documents are also available electronically for review on the NMFS Southwest Region Web site at:<E T="03">http://swr.nmfs.noaa.gov</E>or the USFWS, Sacramento Fish and Wildlife Office Web site at<E T="03">http://www.fws.gov/sacramento/</E>.</P>
        <HD SOURCE="HD1">Background</HD>
        <P>Section 9 of the Federal Endangered Species Act (ESA) of 1973, as amended, and Federal regulations prohibit the take of fish and wildlife species listed as endangered or threatened (16 U.S.C. 1538). The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532(19)). Harm includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)). NMFS further defines harm as an act which actually kills or injures fish or wildlife, and expands the list of essential behavioral patterns that can be impaired by habitat modification or degradation to include breeding, spawning, rearing, migrating, feeding or sheltering (50 CFR 222.102). Pursuant to section 10(a)(1)(B) of the ESA, the Services may issue ITPs authorizing the take of listed species if, among other things, such taking is incidental to, and not the purpose of, otherwise lawful activities. Regulations governing ITPs for threatened and endangered species are found in 50 CFR 17.22, 17.32, and 222.307.</P>
        <P>Each of the Services has received an application for an ITP for implementation of the HCP. The applications were prepared and submitted by The Board of Trustees of Leland Stanford Junior University. The Applicant has prepared the HCP to satisfy the application requirements for a section 10(a)(1)(B) permit under the ESA .</P>

        <P>The Applicant seeks a 50-year incidental take permit for Covered Activities within a proposed 8,180-acre permit area located in southern San Mateo and northern Santa Clara counties. The permit area includes approximately 8,000 acres of Stanford's lands. Located on portions of the Santa<PRTPAGE P="70148"/>Cruz Mountains and at the base of the San Francisco Peninsula, Stanford University is within two main watersheds, Matadero/Deer Creek and San Francisquito Creek watersheds. The San Francisquito Creek watershed spans San Mateo and Santa Clara counties, and encompasses an area of approximately 45 square miles. This watershed includes San Francisquito, Los Trancos, Corte Madera, Bear, Dennis Martin, Sausal, and Alambique creeks, and portions of San Francisquito, Los Trancos, Corte Madera, and Bear creeks flow through Stanford lands. The Matadero/Deer Creek watershed is entirely within Santa Clara County, and portions of Matadero and Deer creeks flow through Stanford lands. In addition to significant riparian areas associated with the creeks, the permit area includes foothills, and most of the main campus that is located on an alluvial plain located between the foothills and San Francisco Bay.</P>

        <P>The Applicant has requested permits that will authorize the take of four animal species, which are currently listed as threatened or endangered under the ESA, and one animal species that may become listed under the ESA. The Applicant has requested coverage from the USFWS for the California tiger salamander (<E T="03">Ambystoma californiense</E>), California red-legged frog (<E T="03">Rana draytonii</E>), and San Francisco garter snake (<E T="03">Thamnophis sirtalis tetrataenia</E>), and from NMFS for the Central California Coast steelhead (<E T="03">Oncorhynchus mykiss</E>). The Applicant has also requested coverage from the USFWS for the western pond turtle (<E T="03">Clemmys marmorata</E>), which is not listed under the ESA at the current time. Collectively these species are referred to as “Covered Species.”</P>
        <P>If the proposed HCP is approved and the permits issued, take authorization of listed Covered Species would be effective at the time of permit issuance. Take of the currently non-listed Covered Species would be authorized concurrent with the species' listing under the ESA, should it be listed during the duration of the permit.</P>
        <P>The proposed HCP is intended to be a comprehensive document, providing for species conservation and habitat planning, while allowing the Applicant to better manage ongoing operations and future growth. The proposed HCP also is intended to provide a coordinated process for permitting and mitigating the take of Covered Species as an alternative to a project-by-project approach.</P>
        <P>The proposed HCP addresses a number of required elements, including: Species and biological goals and objectives; evaluation of the effects of Covered Activities on Covered Species, including indirect and cumulative effects; a conservation strategy; a monitoring and adaptive management program; descriptions of changed circumstances and remedial measures; identification of funding sources; and an assessment of alternatives to take of listed species.</P>
        <P>The HCP divides the permit area into four “zones.” Zone 1 supports one or more of the Covered Species or provides critical resources for the species. Zone 2 areas are occasionally occupied by a Covered Species and provide some of the resources used by the species, or buffers between occupied habitat and urbanized areas. Zone 3 consists of generally undeveloped land that provides only limited and indirect benefit to the Covered Species. Zone 4 includes urbanized areas that do not support the covered species. The covered activities described in the HCP include the ongoing operation and maintenance of several existing University facilities, and a limited amount of future development. Ongoing operations and maintenance are divided into the following categories of activities: Water management; creek maintenance; academic activities; utility installation and maintenance; general infrastructure; recreation and athletics; grounds and vegetation; agricultural and equestrian leaseholds; and commercial and institutional leaseholds. Up to 180 acres of development in Zones 1, 2, and 3 are also covered by the HCP, but the HCP does not supersede any permitting or entitlement required by other regulations. The HCP does not cover ongoing operations and maintenance associated with Searsville Dam, Searsville Reservoir and other facilities directly related to Searsville Reservoir</P>
        <P>Stanford's proposed conservation strategy in the HCP is designed to minimize and mitigate the impacts of Covered Activities, improve habitat conditions for listed Covered Species, and protect populations of the non-listed Covered Species. The HCP includes minimization measures that would avoid and minimize the take of Covered Species from ongoing operation and maintenance of most University facilities and future development. The HCP also includes mitigation for the loss of habitat, and proposes to conserve approximately 360 acres of riparian habitat with conservation easements within one year of issuance of the permits. Additional riparian habitat would be preserved as needed. A 315-acre “California Tiger Salamander Reserve” (Reserve) also would be established at the outset of the HCP. No development would be permitted within the Reserve for the term of the permits, and a portion of habitat within the 315-acre Reserve would be permanently protected to offset any loss of California tiger salamander habitat that occurs during the permit term. Habitat protected under the HCP would be managed and monitored, and annual reports documenting the status of the species and compliance with the HCP would be submitted to the Services. In addition to the minimization measures and mitigation for the loss of habitat, the HCP includes a number of potential habitat enhancements that Stanford may perform during the term of the permits. Other conservation activities include a California tiger salamander management plan that covers 95 acres, including Lagunita Reservoir and habitat around Lagunita Reservoir.</P>
        <HD SOURCE="HD1">National Environmental Policy Act Compliance</HD>

        <P>Proposed permit issuance triggers the need for compliance with the NEPA. As co-lead agencies, the Services prepared a Draft EIS which evaluated the impacts of the proposed issuance of the permit and implementation of the HCP, as well as a reasonable range of alternatives. The Draft EIS and Draft HCP were circulated for public review and comment. The public review period was initiated with the publication of a Notice of Availability (NOA) in the<E T="04">Federal Register</E>on April 12, 2010 (75 FR 18482). The official comment period began with publication of the NOA and initially was scheduled to end on July 12, 2010. At the request of the public, the Services published a notice in the<E T="04">Federal Register</E>on July 15, 2010 (75 FR 41157) extending the public comment period an additional 45 days to August 30, 2010.</P>

        <P>During the comment period, 30 comment letters were received from Federal and local agencies, environmental organizations, and the general public, including over 3000 form email messages. The primary issues raised in the comment letters and email messages were related to Searsville Dam and Reservoir. Many commenters requested Stanford revise the HCP and the Services prepare a supplemental DEIS for public review and comment. Comments received on the Draft EIS and Draft HCP and responses can be found in Volume II of the FEIS. Following the public comment period, in January 2011, Stanford revised the HCP to remove Covered Activities related to Searsville Dam, Reservoir, and Diversion. Accordingly, minimization measures for Searsville-related activities have also been<PRTPAGE P="70149"/>removed from the HCP. Volume I of the FEIS incorporates all changes to the text, tables, and figures that were completed following the public review and comment period.</P>
        <P>The FEIS analyzes three alternatives including the issuance of ITPs and the implementation of the proposed HCP described above. The issuance of 50-year take permits and Applicant implementation of the proposed HCP is considered the Preferred Alternative. Two other alternatives being considered by the Services include the following:</P>
        <P>Under the No Action Alternative, the Services would not issue incidental take permits for implementation of the HCP. As a result, the Applicant would likely seek individual incidental take authorization as needed for new projects and ongoing operations that would result in the take of federally listed species.</P>
        <P>Under the California Tiger Salamander Only Alternative, Stanford would prepare a HCP only for the California tiger salamander, and obtain section 10 authorization only for the take of California tiger salamander. Future development and ongoing activities that would result in the take of other listed species would be permitted individually, as needed.</P>
        <HD SOURCE="HD1">Public Comments</HD>

        <P>The Services invite the public to review the final HCP, final IA, and FEIS during a 30-day public waiting period [see<E T="02">DATES</E>and<E T="02">SUPPLEMENTARY INFORMATION</E>]. All comments and materials received, including names and addresses, will become part of the administration record and may be released to the public. Our practice is to make comments, including names, home addresses, home telephone numbers, and email addresses of respondents available for public review. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. This notice is provided pursuant to section 10(c) of the ESA and regulations for implementing NEPA, as amended (40 CFR 1506.6). We provide this notice in order to allow the public, agencies, or other organizations to review and comment on these documents.</P>
        <HD SOURCE="HD1">Next Steps</HD>
        <P>The Services will evaluate the applications, associated documents, and public comments submitted to them to prepare their respective Records of Decision (RODs). Any comments received during this 30-day period will be considered during the Services' decision-making process. A permit decision will be made no sooner than 30 days after the publication of EPA's notice of the FEIS and completion of the RODs.</P>
        <SIG>
          <DATED>Dated: November 5, 2012.</DATED>
          <NAME>Richard Kearney,</NAME>
          <TITLE>Acting Deputy Regional Director, Pacific Southwest Region, Sacramento, California, U.S. Fish and Wildlife Service.</TITLE>
          <DATED>Dated: November 13, 2012.</DATED>
          <NAME>Angela Somma,</NAME>
          <TITLE>Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28488 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P 4310-55-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <RIN>RIN 0648-XC328</RIN>
        <SUBJECT>Fisheries of the Gulf of Mexico; 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 of SEDAR 28 Gulf of Mexico Spanish mackerel and cobia assessment Webinar.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The SEDAR 28 assessment of the Gulf of Mexico Spanish mackerel and cobia fisheries will consist of a series of workshops and supplemental Webinars. This notice is for a Cancellation of a Webinar associated with the Assessment portion of the SEDAR process. See<E T="02">SUPPLEMENTARY INFORMATION</E>.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The SEDAR 28 Assessment Workshop Webinar scheduled to be held on November 26, 2012, from 1 p.m. until 5 p.m. EDT has been cancelled.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Ryan Rindone, SEDAR Coordinator, 2203 N. Lois Ave., Suite 1100, Tampa FL 33607; telephone: (813) 348-1630; email:<E T="03">ryan.rindone@gulfcouncil.org.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The original notice published in the<E T="04">Federal Register</E>on November 7, 2012 (77 FR 66818).</P>
        <P>The Gulf of Mexico Fishery Management Council (GMFMC), in conjunction with NOAA Fisheries, has 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 is a three-step process including: (1) Data Workshop; (2) Assessment Process, including a workshop and Webinars; 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 Assessment Process 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 summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the GMFMC, NOAA Fisheries Southeast Regional Office, and the NOAA 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>
        <SIG>
          <DATED>Dated: November 19, 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. 2012-28389 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3410-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
        <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
        <SUBJECT>Mid-Atlantic Fishery Management Council (MAFMC); 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 public meetings.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Mid-Atlantic Fishery Management Council (Council) and its Visioning and Strategic Planning<PRTPAGE P="70150"/>Working Group will hold public meetings.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The meetings will be held Monday, December 10, 2012 through Thursday, December 13, 2012. See<E T="02">SUPPLEMENTARY INFORMATION</E>for specific dates and times.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meetings will be held at Pier V, 711 Eastern Avenue, Baltimore, MD 21202; telephone: (410) 539-2000.</P>
          <P>
            <E T="03">Council Address:</E>Mid-Atlantic Fishery Management Council, 800 N. State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On Monday, December 10—The Visioning and Strategic Planning Working Group will meet from 9 a.m. until 5 p.m. On Tuesday, December 11—The Visioning and Strategic Planning Working Group will meet from 9 a.m. until 5 p.m. On Wednesday, December 12—The Executive Committee will meet from 8 a.m. to 9 a.m. The Council will convene at 9 a.m. From 9 a.m. until 11:30 a.m., the Council will hold its regular Business Session to approve the October 2012 minutes and receive liaison, organizational, Executive Director, Science, and Committee Reports. From 11:30 a.m. until 12 p.m., the proposed rule on Amendment 5 to the Highly Migratory Species (HMS) Fishery Management Plan (FMP) regarding shark rebuilding and management measures will be presented. From 1 p.m. until 2:30 p.m., Mackerel, Squid, Butterfish, River Herring, and Shad will be discussed. From 2:30 p.m. until 3:30 p.m., Special Management Zone (SMZ) Alternatives will be discussed. From 3:30 p.m. until 5 p.m.,. Black Sea Bass issues will be discussed. There will be a Public Listening Session from 5 p.m. until 6 p.m. on Wednesday evening with discussion of impacts from Hurricane Sandy. On Thursday December 13—The Demersal Committee will meet as a Committee of the Whole with the Atlantic States Marine Fisheries Commission's (ASMFC) Summer Flounder, Scup, and Black Sea Board. From 9 a.m. until 10:30 a.m., summer flounder 2013 recreational management measures will be finalized with the Board. From 10:30 a.m. until 12 p.m., scup 2013 recreational management measures with the Board will be finalized. From 1 p.m. until 4 p.m., the black sea bass 2013 recreational management measures with the Board will be finalized. From 4 p.m. until 5 p.m., the Council will conduct any continuing and/or new business.</P>
        <P>Agenda items by day for the Council's Committees and the Council itself are: On Monday, December 10—The Visioning and Strategic Planning Working Group will discuss the next steps for completing the draft strategic plan, finalize Science and Data and Ecosystems goal sequences, review top themes from the Visioning Project, and discuss objectives, strategies, and tactics for one strategic goal sequence. On Tuesday, December 11—The Visioning and Strategic Planning Working Group will review the outcomes from Monday and discuss objectives, strategies, and tactics for up to three strategic goals. On Wednesday, December 12—The Executive Committee will meet to identify the 2013 Council priorities and discuss the nominations for the Ricks E. Savage Award. The Council will hold its regular Business Session to approve the October minutes, and receive liaison, organizational, Executive Director, Science, and Committee Reports. The Council will receive a presentation from NMFS regarding Amendment 5 to the HMS FMP. The Council will hold its second meeting of Framework 8 to Mackerel, Squid, and Butterfish (MSB). MSB Amendment 15 scoping results will be presented and confirmation on scope of Amendment for the Fishery Management Action Team (FMAT) will be discussed along with an update on the January 15-17, 2013 Squid Management Workshop. The Council will discuss SMZ Alternatives. The Council will discuss Black Sea Bass issues with regard to the 2012 overages and review accountability measures and black sea bass data. The Council will hold a public listening session to discuss fishery impacts from Hurricane Sandy. On Thursday, December 13—the Council in conjunction with the ASMFC's Summer Flounder, Scup, and Black Sea Bass Boards will review and discuss the associated Monitoring Committee's and Advisory Panel's recommendations and develop and approve 2013 recreational management measures for summer flounder, scup, and black sea bass. The Council will also discuss an update on Amendment 17 to the Summer Flounder, Scup, and Black Sea Bass FMP. The ASMFC Board will discuss an Addendum to enable State-by-State Black Sea Bass Recreational Management Measures. The Council will conduct any continuing and/or new business.</P>
        <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
        <HD SOURCE="HD1">Special Accommodations</HD>
        <P>These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.</P>
        <SIG>
          <DATED>Dated: November 19, 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. 2012-28438 Filed 11-21-12; 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-XC357</RIN>
        <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting Requirements; Public Workshops</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of workshop.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>NMFS, Alaska Region, will present a workshop on seaLandings, a consolidated electronic means of reporting landings and production of commercial groundfish to multiple management agencies for Federal and State fisheries off Alaska, and 2013 recordkeeping and reporting requirements for the Alaska groundfish fisheries and Individual Fishing Quota fisheries.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The workshop will be held on November 29, 2012, from 9:00 a.m. to 1:00 p.m., Pacific Standard Time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>The workshop will be held at the Swedish Cultural Center located at 1920 Dexter Ave N., Seattle, WA. Directions to the center can be found on its Web site,<E T="03">http://www.swedishculturalcenter.org/contacts.htm.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Susan Hall, 907-586-7462.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The workshop will include a discussion of<PRTPAGE P="70151"/>2013 recordkeeping and reporting requirements for Alaska groundfish fisheries and Individual Fishing Quota fisheries and instructions for completing and submitting required reports and logbooks using seaLandings.</P>
        <P>The final rule for monitoring and enforcement requirements in the Bering Sea and Aleutian Islands freezer longline fleet (77 FR 59053) mandates that vessel operators who opt into the program will be required to use an electronic logbook beginning in 2013.</P>
        <P>NMFS will provide a demonstration of the latest version of seaLandings for at-sea catcher/processors and motherships, and training on how to submit daily production reports and landing reports with and without Individual Fishing Quota. NMFS will also provide a demonstration of the freezer longline catcher/processor electronic logbook in seaLandings.</P>
        <HD SOURCE="HD1">Special Accommodations</HD>
        <P>This workshop will be physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Susan Hall, 907-586-7462, at least 5 working days prior to the meeting date.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Lindsay Fullenkamp,</NAME>
          <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28490 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3510-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <DEPDOC>[Transmittal Nos. 12-56]</DEPDOC>
        <SUBJECT>36(b)(1) Arms Sales Notification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense, Defense Security Cooperation Agency.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.</P>
          <P>The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 12-56 with attached transmittal, policy justification, and Sensitivity of Technology.</P>
          <SIG>
            <DATED>Dated: November 19, 2012.</DATED>
            <NAME>Aaron Siegel,</NAME>
            <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
          </SIG>
          <GPH DEEP="539" SPAN="3">
            <PRTPAGE P="70152"/>
            <GID>EN23NO12.003</GID>
          </GPH>
          <HD SOURCE="HD3">Transmittal No. 12-56</HD>
          <HD SOURCE="HD3">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended</HD>
          <P>(i)<E T="03">Prospective Purchaser:</E>Indonesia.</P>
          <P>(ii)<E T="03">Total Estimated Value:</E>
          </P>
          <GPOTABLE CDEF="s50,xs56" COLS="2" OPTS="L0,tp0,p0,8/9,g1,t1,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">Major Defense Equipment *</ENT>
              <ENT>$51 million.</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Other</ENT>
              <ENT>9 million.</ENT>
            </ROW>
            <ROW>
              <ENT I="02">Total</ENT>
              <ENT>60 million.</ENT>
            </ROW>
            <TNOTE>* As defined in Section 47(6) of the Arms Export Control Act.</TNOTE>
          </GPOTABLE>
          <P>(iii)<E T="03">Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:</E>180 Block I Javelin Missiles, 25 Command Launch Units (CLU), Missile Simulation Rounds (MSR), Battery Coolant Units (BCU), support equipment, spare and repair parts, personnel training and training equipment, publications and technical data, U.S. Government and contractor technical assistance and other related logistics support.</P>
          <P>(iv)<E T="03">Military Department:</E>Army (UAK).</P>
          <P>(v)<E T="03">Prior Related Cases, if any:</E>None.</P>
          <P>(vi)<E T="03">Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid:</E>None.</P>
          <P>(vii)<E T="03">Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold:</E>See Attached Annex.</P>
          <P>(viii)<E T="03">Date Report Delivered to Congress:</E>15 Nov 2012.<PRTPAGE P="70153"/>
          </P>
          <HD SOURCE="HD3">POLICY JUSTIFICATION</HD>
          <HD SOURCE="HD3">Government of Indonesia—Javelin Missiles</HD>
          <P>The Government of Indonesia has requested a possible purchase of 180 Block I Javelin Missiles, 25 Command Launch Units (CLU), Missile Simulation Rounds (MSR), Battery Coolant Units (BCU), Enhanced Basic Skills Trainer, Weapon Effects Simulator, batteries, battery chargers, support equipment, spare and repair parts, personnel training and training equipment, publications and technical data, U.S. Government and contractor technical assistance and other related logistics support. The estimated cost is $60 million.</P>
          <P>This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country which has been, and continues to be, an important force for the political stability and economic progress in Southeast Asia.</P>
          <P>The proposed sale provides Indonesia with assets vital to protect its sovereign territory and deter potential threats. The acquisition of the Javelin system is part of the Indonesia Army's overall military modernization program. The proposed sale will foster continued cooperation between the U.S. and Indonesia, making Indonesia a more valuable regional partner in an important area of the world.</P>
          <P>The proposed sale of the missiles and support will not alter the basic military balance in the region.</P>
          <P>The principal contractors will be Raytheon/Lockheed Martin Javelin Joint Venture (JJV) in Tucson, Arizona and Orlando, Florida. There are no known offset agreements proposed in connection with this potential sale.</P>
          <P>Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Indonesia.</P>
          <P>There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.</P>
          <HD SOURCE="HD3">Transmittal No. 12-56</HD>
          <HD SOURCE="HD3">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1)of the Arms Export Control Act</HD>
          <HD SOURCE="HD3">Annex</HD>
          <HD SOURCE="HD3">Item No. vii</HD>
          <P>(vii)<E T="03">Sensitivity of Technology:</E>
          </P>
          <P>1. The Javelin Weapon System's hardware and the documentation provided are unclassified. However, sensitive technology is contained within the system itself. The sensitivity is primarily in the software programs that instruct the system how to operate in the presence of countermeasures. Programs are contained in the system in the form of microprocessors with Read Only Memory (ROM) maps, which do not provide the software program itself. The overall hardware is considered sensitive in that the modulation frequency and infrared wavelengths could be used in countermeasure development.</P>
          <P>2. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.</P>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28415 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <DEPDOC>[Transmittal No. 12-64]</DEPDOC>
        <SUBJECT>36(b)(1) Arms Sales Notification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Defense, Defense Security Cooperation Agency.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.</P>
          <P>The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 12-64 with attached transmittal, policy justification, and Sensitivity of Technology.</P>
          <SIG>
            <DATED>Dated: November 19, 2012.</DATED>
            <NAME>Aaron Siegel,</NAME>
            <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
          </SIG>
          <GPH DEEP="572" SPAN="3">
            <PRTPAGE P="70154"/>
            <GID>EN23NO12.002</GID>
          </GPH>
          <HD SOURCE="HD3">Transmittal No. 12-64</HD>
          <HD SOURCE="HD3">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended</HD>
          <P>(i)<E T="03">Prospective Purchaser:</E>Oman</P>
          <P>(ii)<E T="03">Total Estimated Value:</E>
          </P>
          <GPOTABLE CDEF="s50,xs56" COLS="02" OPTS="L0,tp0,p0,8/9,g1,t1,i1">
            <TTITLE/>
            <BOXHD>
              <CHED H="1"/>
              <CHED H="1"/>
            </BOXHD>
            <ROW>
              <ENT I="01">Major Defense Equipment *</ENT>
              <ENT>$ 90 million</ENT>
            </ROW>
            <ROW RUL="n,s">
              <ENT I="01">Other</ENT>
              <ENT>$ 6  million</ENT>
            </ROW>
            <ROW>
              <ENT I="02">TOTAL</ENT>
              <ENT>$ 96 million</ENT>
            </ROW>
          </GPOTABLE>
          <P>(iii)<E T="03">Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:</E>400 Javelin Guided Missiles, Javelin Weapon Effects Simulator (JAVWES), containers, spare and repair parts, support equipment, personnel training and training equipment, publications and technical documentation, U.S. Government and contractor representative logistics and technical support services, and other related elements of logistics and program support.</P>
          <P>(iv)<E T="03">Military Department:</E>Army (UKB)<PRTPAGE P="70155"/>
          </P>
          <P>(v)<E T="03">Prior Related Cases, if any:</E>FMS case UIW, 9 November 2007—$95M</P>
          <P>(vi)<E T="03">Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid:</E>None</P>
          <P>(vii)<E T="03">Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold:</E>See Annex attached</P>
          <P>(viii)<E T="03">Date Report Delivered to Congress:</E>15 Nov 12</P>
          <FP>* as defined in Section 47(6) of the Arms Export Control Act.</FP>
          <HD SOURCE="HD3">POLICY JUSTIFICATION</HD>
          <HD SOURCE="HD3">Oman—Javelin Missile</HD>
          <P>The Sultanate of Oman has requested a possible sale of 400 Javelin Guided Missiles, Javelin Weapon Effects Simulator (JAVWES), containers, spare and repair parts, support equipment, personnel training and training equipment, publications and technical documentation, U.S. Government and contractor representative logistics and technical support services, and other related elements of logistics and program support. The total estimated cost is $96 million.</P>
          <P>This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country that has been, and continues to be, an important force for political and economic progress in the Middle East.</P>
          <P>The proposed sale of the JAVELIN Anti-Tank Weapon System will improve Oman's capability to meet current and future threats and provide greater security for its critical oil and natural gas infrastructure. Oman will use the enhanced capability to strengthen its homeland defense. Oman will have no difficulty absorbing these missiles into its armed forces.</P>
          <P>The proposed sale of this equipment and support will not alter the basic military balance in the region.</P>
          <P>The principal contractors will be Raytheon/Lockheed Martin Javelin Joint Venture in Orlando, Florida and Tucson, Arizona. There are no known offset agreements proposed in connection with this potential sale.</P>
          <P>Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Oman.</P>
          <P>There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.</P>
          <HD SOURCE="HD3">Transmittal No. 12-64</HD>
          <HD SOURCE="HD3">Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act</HD>
          <HD SOURCE="HD3">Annex</HD>
          <HD SOURCE="HD3">Item No. vii</HD>
          <P>(vii)<E T="03">Sensitivity of Technology:</E>
          </P>
          <P>1. The Javelin Weapon System is a medium-range, man portable, shoulder-launched, fire and forget, anti-tank system for infantry, scouts, and combat engineers. It may also be mounted on a variety of platforms to include vehicles and watercraft. The system weighs 49.5 pounds and has a maximum range in excess of 2,500 meters. The system is highly lethal against tanks and other systems with conventional and reactive armors. The system possesses a secondary capability against bunkers.</P>
          <P>2. Javelin's key technical feature is the use of fire-and-forget technology which allows the gunner to fire and immediately relocate or take cover. Additional special features are the top attack and/or direct fire modes, an advanced tandem warhead and imaging infrared seeker, target lock-on before launch, and soft launch from enclosures or covered fighting positions. The Javelin missile also has a minimum smoke motor thus decreasing its detection on the battlefield. The Javelin Training System consists of the following training devices: the missile simulation round, the basic skills trainer and the field tactical trainer, JAVWES, and tripod.</P>
          <P>3. The Javelin Weapon System is comprised of two major tactical components, which are a reusable Command Launch Unit (CLU) and a round contained in a disposable launch tube assembly. The CLU incorporates an integrated day-night sight that provides a target engagement capability in adverse weather and countermeasure environments. The CLU may also be used in a stand-alone mode for battlefield surveillance and target detection. The CLU's thermal sight is a second generation Forward-Looking Infrared (FLIR) sensor operating in the 8-10 micron wavelength and has a 240 X 2 scanning array with a Dewar-coolant unit. To facilitate initial loading and subsequent updating of software, all on-board missile software is uploaded via the CLU after mating and prior to launch.</P>
          <P>4. The missile is autonomously guided to the target using an imaging infrared seeker and adaptive correlation tracking algorithms. This allows the gunner to take cover or reload and engage another target after firing a missile. The missile contains an infrared seeker with a 64 x 64 element staring Mercury-Cadmium-Telluride (HgCdTE) Focal Plane Array (FPA) operating in the 8-10 micron wavelength. The missile has an advanced tandem warhead and can be used in either the top attack or direct fire modes (for targets undercover). An onboard flight computer guides the missile to the selected target. The missile is designed as a “wooden round” thus requiring no maintenance.</P>
          <P>5. The Javelin Missile System hardware and the documentation are unclassified. The missile software which resides in the CLU is considered sensitive. The sensitivity is primarily in the software programs which instruct the system how to operate in the presence of countermeasures.</P>
          <P>6. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.</P>
          
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28418 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 5001-06-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
        <SUBAGY>Department of the Navy</SUBAGY>
        <SUBJECT>Notice of Intent To Prepare an Environmental Impact Statement for the Disposal and Reuse of the Former Naval Air Station Joint Reserve Base Willow Grove, Horsham, PA, and Notice of Public Scoping Meetings</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of the Navy, DoD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the Department of the Navy (DoN) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental consequences of the disposal and reuse of the former Naval Air Station Joint Reserve Base (NAS JRB) Willow Grove, Horsham, Pennsylvania, per Public Law 101-510, the Defense Base Closure and Realignment Act of 1990, as amended in 2005 (BRAC Law). Potential impacts associated with reuse of NAS JRB Willow Grove, including the change in land use and traffic patterns, will be evaluated and will contribute to the alternatives considered.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>The DoN will conduct public scoping meetings in Horsham Township<PRTPAGE P="70156"/>in Montgomery County, PA to receive comments on the environmental concerns that should be addressed in the EIS. Both public scoping open houses will be held at the Horsham Township Community Center located at 1025 Horsham Road, Horsham, PA. Schedule will be as follows:</P>
          <P>1. Open House: Thursday, December 13, 2012, 4:00 p.m.-8:00 p.m.</P>
          <P>2. Open House: Friday, December 14, 2012, 10:00 a.m.-2:00 p.m.</P>
          <P>The previously announced public scoping meetings scheduled for October 29 and October 30, 2012 were cancelled due to Hurricane Sandy.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Director, BRAC Program Management Office Northeast, 4911 Broad Street, Building 679, Philadelphia, PA 19112-1303, telephone 215-897-4900, fax 215-897-4902, email:<E T="03">david.drozd@navy.mil.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Base Closure and Realignment (BRAC) Commission was established by Public Law 101-510, the BRAC Law, to recommend military installations for realignment and closure. Recommendations of the 2005 BRAC Commission were included in a report presented to the President on September 8, 2005. The President approved and forwarded this report to Congress on September 16, 2005, which became effective as public law on November 9, 2005, and must be implemented in accordance with the requirements of the BRAC Law. In 2005, NAS JRB Willow Grove, PA was designated for closure under the authority of the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, as amended (the Act). Pursuant to this designation, on January 8, 2010, land and facilities at this installation were declared excess to the DoN and made available to other DoD components and other Federal agencies. The DoN has evaluated all timely Federal requests and made a decision to close the former NAS JRB Willow Grove on September 15, 2011.</P>
        <P>The proposed action for this EIS is to accommodate the BRAC 2005 law. The BRAC-directed action includes disposal and reuse of NAS JRB Willow Grove and its excess properties. Upon completion of the disposal, the property will be redeveloped in accordance with the Horsham Township Authority (HLRA) Redevelopment Plan.</P>
        <P>The EIS will consider the alternatives that are reasonable to accomplish the proposed action. Alternatives to be considered include: (1) Disposal of the property by the DoN and reuse in accordance with the HLRA's Preferred Land Use Plan; (2) Disposal of the property by the DoN with a higher-density reuse scenario; (3) Disposal of the property by the DoN and reuse as an airport; and (4) No Action in which the DoN would retain the property in a caretaker status and no reuse or development would occur.</P>
        <P>Alternative 1 would meet the requirements of the BRAC Law by allowing for the disposal and reuse of NAS JRB Willow Grove. Reuse would be conducted in accordance with the HLRA Plan. The Plan provides a mix of land uses based on existing conditions on the installation and in the community, guiding principles for development established by the HLRA, and public participation. It is anticipated that full build-out of the Plan would be implemented over a 20-year period. The Reuse Plan calls for the development of approximately 444 acres (52%) of the total base property. In addition, approximately 418 acres (48%) would be dedicated to a variety of active and passive land uses, including recreation, open space, and natural areas. The plan also incorporates elements based on smart-growth principles, including pedestrian-friendly transportation features (e.g., walkable neighborhoods, bike lanes, and compact development), open spaces, and a mix of land use types.</P>
        <P>Alternative 2 would also meet the requirements of the BRAC Law by allowing for disposal and reuse of NAS JRB Willow Grove. This alternative features a higher density of residential and community mixed-use development. Similar to Alternative 1, this alternative includes a mix of land use types, preserves open space and natural areas, and incorporates elements based on smart-growth principles, including pedestrian-friendly transportation and compact development. It is anticipated that full build-out of the higher-density scenario would be implemented over a 20-year period. The higher density alternative calls for the development of approximately 576 acres (67%) of the total base property. In addition, approximately 280 acres (32%) of the base would be dedicated to a variety of active and passive land uses, including recreation, open space, and natural areas.</P>
        <P>Alternative 3 would maintain and reuse the existing airfield for private aviation purposes. The plan reuses the existing airfield and its supporting infrastructure (i.e., taxiways, parking aprons and hangar facilities). After accounting for the area being reused for aviation purposes, the remaining land available for development would be approximately 380 acres. This would be developed in a mix of land use types and densities, and preserves open space and natural areas. New development would be airport related industry and businesses.</P>
        <P>Alternative 4 is required by NEPA and is the No Action Alternative. Under this alternative, NAS JRB Willow Grove would be retained by the U.S. government in caretaker status. No reuse or redevelopment would occur at the facility.</P>
        <P>The EIS will address potential direct, indirect, short-term, long-term, and cumulative impacts on the human and natural environments, including potential impacts on topography, geology and soils, water resources, biological resources, air quality, noise, infrastructure and utilities, traffic, cultural resources, land use, socioeconomics, environmental justice, and waste management. Known areas of concern associated with the BRAC action include impacts on socioeconomics due to loss of the military and civilian workforce, impacts on local traffic patterns resulting from reuse scenarios, and the clean-up of installation remediation sites.</P>

        <P>The DoN is initiating the scoping process to identify community concerns and issues that should be addressed in the EIS. Agencies and the public are encouraged to provide written comments at scheduled public scoping meetings. Comments should clearly describe specific issues or topics that the EIS should address. Written comments must be postmarked or emailed by midnight December 31, 2012, and should be sent to: Director, BRAC Program Management Office Northeast, 4911 South Broad Street, Building 679, Philadelphia, PA 19112-1303, telephone 215-897-4900, fax 215-897-4902, email:<E T="03">david.drozd@navy.mil</E>.</P>

        <P>Requests for special assistance, sign language interpretation for the hearing impaired, language interpreters, or other auxiliary aids for scheduled public scoping meetings must be sent by mail or email by November 30, 2012, to Mr. Matt Butwin, Ecology and Environment, Inc., 348 Southport Circle, Suite 101, Virginia Beach, Virginia, 23452, telephone 757-456-5356, ext. 2811, email:<E T="03">MButwin@ene.com</E>.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>C.K. Chiappetta,</NAME>
          <TITLE>Lieutenant Commander,Office of the Judge Advocate General,U.S. Navy,Federal Register Liaison Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28408 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 3810-FF-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70157"/>
        <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #1</SUBJECT>
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-2547-008.</P>
        <P>
          <E T="03">Applicants:</E>New York Independent System Operator, Inc.</P>
        <P>
          <E T="03">Description:</E>NYISO compliance 15-minute variable scheduling at Linden VFT Proxy Generator Bus to be effective 11/28/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121113-5413.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2591-002.</P>
        <P>
          <E T="03">Applicants:</E>Monongahela Power Company.</P>
        <P>
          <E T="03">Description:</E>Compliance to Filing 21 to be effective 9/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5142.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-2932-002.</P>
        <P>
          <E T="03">Applicants:</E>NorthWestern Corporation.</P>
        <P>
          <E T="03">Description:</E>Revised Attachment K Compliance Filing—SD OATT to be effective 11/14/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5001.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2506-001.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing SGIA with TA-Acacia, LLC, TA-Acacia Project to be effective 8/24/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121113-5292.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-113-001.</P>
        <P>
          <E T="03">Applicants:</E>Sunbury Energy, LLC.</P>
        <P>
          <E T="03">Description:</E>Amended Filing to be effective 11/12/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121113-5328.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-327-001.</P>
        <P>
          <E T="03">Applicants:</E>Porter-Walker LLC.</P>
        <P>
          <E T="03">Description:</E>Amendment to FERC Electric Tariff, Volume No. 1 to be effective 11/13/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/13/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121113-5254.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/4/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-377-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Original Service Agreement No. 3419; Queue No. X3-077 (WMPA) to be effective 10/24/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5145.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-378-000.</P>
        <P>
          <E T="03">Applicants:</E>Duquesne Light Company.</P>
        <P>
          <E T="03">Description:</E>Amendment to Connection and Site Agreement to be effective 1/13/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5147.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-379-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Cancellation of Rate Sch 41 Operating Protocols among PJM, NYISO, ConEd &amp; PSE&amp;G to be effective 5/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5149.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: November 15, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28404 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings</SUBJECT>
        <P>Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:</P>
        <HD SOURCE="HD1">Filings Instituting Proceedings</HD>
        <P>
          <E T="03">Docket Numbers:</E>RP13-278-000.</P>
        <P>
          <E T="03">Applicants:</E>Antero Resources Piceance LLC.</P>
        <P>
          <E T="03">Description:</E>Joint Petition for Temporary Waiver of Antero Resources Piceance LLC and Ursa Piceance LLC.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5168.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/26/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP13-279-000.</P>
        <P>
          <E T="03">Applicants:</E>Texas Eastern Transmission, LP.</P>
        <P>
          <E T="03">Description:</E>Contracting Processes Nov2012 Filing to be effective 1/1/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5051.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/27/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP13-280-000.</P>
        <P>
          <E T="03">Applicants:</E>Algonquin Gas Transmission, LLC.</P>
        <P>
          <E T="03">Description:</E>Contracting Processes Nov2012 Filing to be effective 1/1/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5052.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/27/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP13-281-000.</P>
        <P>
          <E T="03">Applicants:</E>Big Sandy Pipeline, LLC.</P>
        <P>
          <E T="03">Description:</E>Contracting Processes Nov2012 Filing to be effective 1/1/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5053.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/27/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>RP13-282-000.</P>
        <P>
          <E T="03">Applicants:</E>Steckman Ridge, LP.</P>
        <P>
          <E T="03">Description:</E>Contracting Processes Nov2012 Filing to be effective 1/1/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5054.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/27/12.</P>
        
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>
        <HD SOURCE="HD1">Filings in Existing Proceedings</HD>
        <P>
          <E T="03">Docket Numbers:</E>RP13-91-001.</P>
        <P>
          <E T="03">Applicants:</E>Questar Pipeline Company.</P>
        <P>
          <E T="03">Description:</E>Order 587-V Compliance Filing, Revised Section 26 to be effective 12/1/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5104.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 11/26/12.</P>
        
        <P>Any person desiring to protest in any the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.</P>
        <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, and service can be found at:<PRTPAGE P="70158"/>
          <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: November 15, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28401 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P&amp;</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Combined Notice of Filings #2</SUBJECT>
        <P>Take notice that the Commission received the following electric corporate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EC13-39-000.</P>
        <P>
          <E T="03">Applicants:</E>Public Service Company of New Mexico.</P>
        <P>
          <E T="03">Description:</E>Application of Public Service Company of New Mexico for Approval of Acquisition of Jurisdictional Facilities under Section 203 of the Federal Power Act.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5187.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EC13-40-000.</P>
        <P>
          <E T="03">Applicants:</E>Spearville 3, LLC.</P>
        <P>
          <E T="03">Description:</E>Application for Approval under Section 203 of the Federal Power Act and Requests for Expedited Consideration and Confidential Treatment of Spearville 3, LLC.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5188.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>EC13-41-000.</P>
        <P>
          <E T="03">Applicants:</E>Florida Power Corporation.</P>
        <P>
          <E T="03">Description:</E>Application for Authorization Under Section 203 of the Federal Power Act of Florida Power Corporation.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5143.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>Take notice that the Commission received the following electric rate filings:</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-000.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-001.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-002.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-003.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-004.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-005.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER11-4628-006.</P>
        <P>
          <E T="03">Applicants:</E>PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Description:</E>Compliance Filing of PJM Interconnection, L.L.C.</P>
        <P>
          <E T="03">Filed Date:</E>11/14/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121114-5153.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/5/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER12-2658-001.</P>
        <P>
          <E T="03">Applicants:</E>Pacific Gas and Electric Company.</P>
        <P>
          <E T="03">Description:</E>Tridam Project—Tulloch Powerhouse LGIA Compliance Filing to be effective 3/31/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5104.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-354-001.</P>
        <P>
          <E T="03">Applicants:</E>QC Power Strategies Fund LLC.</P>
        <P>
          <E T="03">Description:</E>QCP Initial Tariff to be effective 11/15/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5055.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-380-000.</P>
        <P>
          <E T="03">Applicants:</E>Sierra Pacific Power Company.</P>
        <P>
          <E T="03">Description:</E>Rate Schedule No. 27—Annual BPA-GTA Update 2012 to be effective 10/31/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5007.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-381-000.</P>
        <P>
          <E T="03">Applicants:</E>Southern California Edison Company.</P>
        <P>
          <E T="03">Description:</E>Letter Agreement SCE-Victorville 33kV Project to be effective 1/15/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5075.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-382-000.</P>
        <P>
          <E T="03">Applicants:</E>Southwest Power Pool, Inc.</P>
        <P>
          <E T="03">Description:</E>2234R2 Osage Wind/PSO Facilities Construction Agreement to be effective 10/18/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5088.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-383-000.</P>
        <P>
          <E T="03">Applicants:</E>Alcoa Power Generating Inc.</P>
        <P>
          <E T="03">Description:</E>Tapoco Cancellation to be effective 11/15/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5096.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-384-000.</P>
        <P>
          <E T="03">Applicants:</E>Alcoa Power Generating Inc.</P>
        <P>
          <E T="03">Description:</E>Cancellation of TVA Interconnection Agreement Filed in ER11-4059 to be effective 11/15/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5097.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-385-000.</P>
        <P>
          <E T="03">Applicants:</E>Wabash Valley Power Association, Inc.</P>
        <P>
          <E T="03">Description:</E>Amendments to Formulary Rate Tariff—Rate Schedule EDR-7 to be effective 1/15/2013.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5098.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-386-000.</P>
        <P>
          <E T="03">Applicants:</E>Southwest Power Pool, Inc.</P>
        <P>
          <E T="03">Description:</E>2490 Steele Flats Wind Project, LLC GIA to be effective 10/30/2012.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5114.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        
        <P>
          <E T="03">Docket Numbers:</E>ER13-387-000.</P>
        <P>
          <E T="03">Applicants:</E>Alcoa Power Generating Inc.</P>
        <P>
          <E T="03">Description:</E>Alcoa Power Generating Inc. submits Notice of Cancellation of Electric Rate Schedules FERC Nos. 17 and 19.</P>
        <P>
          <E T="03">Filed Date:</E>11/15/12.</P>
        <P>
          <E T="03">Accession Number:</E>20121115-5117.</P>
        <P>
          <E T="03">Comments Due:</E>5 p.m. ET 12/6/12.</P>
        

        <P>The filings are accessible in the Commission's eLibrary system by<PRTPAGE P="70159"/>clicking on the links or querying the docket number.</P>
        <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</P>

        <P>eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:<E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.</P>
        <SIG>
          <DATED>Dated: November 15, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28405 Filed 11-21-12; 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. EL13-20-000]</DEPDOC>
        <SUBJECT>Marble River, LLC v. Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Chateaugay Windpark, LLC, New York Independent System Operator, Inc.; Notice of Complaint</SUBJECT>
        <P>Take notice that on November 15, 2012, pursuant to sections 306 and 309 of the Federal Power Act and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, Marble River, LLC (Marble River or Complainant) filed a formal complaint against Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Chateaugay Windpark, LLC, (collectively, Noble or Respondent) and New York Independent System Operator, Inc. (NYISO or Respondent), alleging that Noble failed to pay Marble River for headroom created by common system upgrade facilities that benefit Noble and that were paid for by Marble River. The complaint also alleges that NYISO has failed to properly implement Attachment S of its Open Access Transmission Tariff, as more fully explained in the complaint.</P>
        <P>The Complainant certifies that copies of the complaint were served on the contacts for each of the Respondents as listed on the Commission's list of Corporate Officials.</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 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.</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 December 5, 2012.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28406 Filed 11-21-12; 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. ID-7020-000]</DEPDOC>
        <SUBJECT>Knueppel, Henry W.; Notice of Filing</SUBJECT>
        <P>Take notice that on November 15, 2012, Henry W. Knueppel submitted for filing, an application for authority to hold interlocking positions, pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b) (2008), Part 45 of Title 18 of the Code of Federal Regulations, 18 CFR part 45(c)(2012).</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 December 6, 2012.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28402 Filed 11-21-12; 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. ER01-3001-000]</DEPDOC>
        <SUBJECT>New York Independent System Operator, Inc.; Notice Establishing Comment Date To Respond to Motion Requesting Extension of Time</SUBJECT>

        <P>On November 9, 2012, New York Independent System Operator, Inc. (NYISO) filed a motion requesting a 2-month extension of time (motion), until February 15, 2013, to submit its annual Installed Capacity Demand Curve Report. The report would otherwise be due December 20, 2012. NYISO<PRTPAGE P="70160"/>indicates that it needs more time for data gathering and analyses for this report, now that it has completed the analyses for the related mitigation retests. NYISO states that no Party will be harmed by the delay.</P>
        <P>Notice is hereby given that NYISO has filed a motion requesting an extension of time to submit its annual report until February 15, 2013. Any Party wishing to respond to the motion may file an answer within 21 days from the date of the motion, or November 30, 2012.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28400 Filed 11-21-12; 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. EL13-21-000]</DEPDOC>
        <SUBJECT>California Independent System, Operator Corporation; Notice of Petition for Declaratory Order</SUBJECT>
        <P>Take notice that on November 15, 2012, pursuant to section 207(a)(2) and 212 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, California Independent System Operator Corporation filed a petition requesting that the Commission issue a declaratory order to enforce the exercise of its authority and rights under its tariff to obtain reliability services under a Reliability Must-Run (“RMR”) agreement with AES Huntington Beach LLC.</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 29, 2012.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28407 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
        <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
        <SUBJECT>Notice of Commission Staff Attendance</SUBJECT>
        <P>The Federal Energy Regulatory Commission hereby gives notice that members of the Commission's staff may attend the following meetings related to the interregional transmission planning activities of the Southwest Power Pool (SPP):</P>
        
        <FP SOURCE="FP-1">SPP Seams FERC Order 1000 Task Force Meeting—November 16, 2012</FP>
        
        <P>The above-referenced meeting will be a teleconference.</P>
        <P>The above-referenced meeting is open to the public.</P>
        <P>Further information may be found at<E T="03">www.spp.org.</E>
        </P>
        <P>The discussions at the meeting described above may address matters at issue in the following proceedings:</P>
        
        <FP SOURCE="FP-1">Docket No. ER09-35-001,<E T="03">Tallgrass Transmission, LLC</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER09-36-001,<E T="03">Prairie Wind Transmission, LLC</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER09-548-001,<E T="03">ITC Great Plains, LLC</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER09-659-002,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER11-4105-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. EL11-34-001,<E T="03">Midwest Independent Transmission System Operator, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1401-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1402-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1415-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1460-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1586-000<E T="03">et al., Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1610-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-1772-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-2366-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. EL12-2-000,<E T="03">Southwest Power Pool, Inc.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. EL12-60-000,<E T="03">Southwest Power Pool, Inc., et al.</E>
        </FP>
        <FP SOURCE="FP-1">Docket No. ER12-2387-000<E T="03">et al., Southwest Power Pool, Inc.</E>
        </FP>
        

        <P>For more information, contact Luciano Lima, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at (202) 288-6738 or<E T="03">Luciano.Lima@ferc.gov.</E>
        </P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Nathaniel J. Davis, Sr.,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28403 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6717-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[ER-FRL-9006-2]</DEPDOC>
        <SUBJECT>Environmental Impacts Statements; Notice of Availability</SUBJECT>
        <P>
          <E T="03">Responsible Agency:</E>Office of Federal Activities, General Information (202) 564-7146 or<E T="03">http://www.epa.gov/compliance/nepa/.</E>
        </P>
        <HD SOURCE="HD1">Weekly Receipt of Environmental Impact Statements</HD>
        <FP SOURCE="FP-1">Filed 11/12/2012 Through 11/16/2012</FP>
        <FP SOURCE="FP-1">Pursuant to 40 CFR 1506.9.</FP>
        
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at:<E T="03">http://www.epa.gov/compliance/nepa/eisdata.html.</E>
          </P>
        </SUM>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>As of October 1, 2012, EPA will not accept paper copies or CDs of EISs for filing purposes; all submissions on or after October 1, 2012 must be made through e-NEPA.</P>

        <P>While this system eliminates the need to submit paper or CD copies to EPA to meet filing requirements, electronic submission does not change requirements for distribution of EISs for public review and comment. To begin using e-NEPA, you must first register<PRTPAGE P="70161"/>with EPA's electronic reporting site—<E T="03">https://cdx.epa.gov/epa_home.asp.</E>
        </P>
        
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120366, Final EIS, NOAA, CA</E>, Authorization for Incidental Take and Implementation of the Stanford University Habitat Conservation Plan, San Mateo and Santa Clara Counties, CA, Review Period Ends: 12/24/2012, Contact: Gary Stern 707-575-6060.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120367, Draft EIS, BPA, WA</E>, I-5 Corridor Reinforcement Project, Cowlitz and Clark Counties, WA, Comment Period Ends: 03/01/2013, Contact: Nancy Wittpenn 503-230-3297.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120368, Draft EIS, BLM, CA</E>, Stateline Solar Farm Project, San Bernardino County, CA, Comment Period Ends: 02/21/2013, Contact: Jeffery Childers 951-697-5308.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120369, Draft EIS, NOAA, USFWS, CA</E>, Authorization of Incidental Take and Implementation of the Mendocino Redwood Habitat Conservation Plan/Natural Community Conservation and Timber Management Plan, Mendocino County, CA, Comment Period Ends: 02/21/2013, Contact: Eric Shott 707-575-6089 The Department of Commerce's National Oceanic and Atmospheric Administration and the Department of the Interior's Fish and Wildlife Service are joint lead agencies for the above project.</FP>
        <FP SOURCE="FP-1">
          <E T="03">EIS No. 20120370, Draft Supplement, NRC, SD</E>, Dewey-Burdock Project, Supplement to the In-Situ Leach Uranium Milling Facilities, Custer and Fall River Counties, SD, Comment Period Ends: 01/07/2013, Contact: Haimanot Yilma 301-415-8029.</FP>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Cliff Rader,</NAME>
          <TITLE>Director, NEPA Compliance Division, Office of Federal Activities.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28483 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
        <DEPDOC>[FRN-9754-2]</DEPDOC>
        <SUBJECT>Meeting of the National Environmental Education Advisory Council</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 National Environmental Education Advisory Council will meet on December 13-14th, 2012 in Washington, DC. The focus of the meeting will be to convene the new members of the Council, form work groups and develop plans for the report to congress.</P>

          <P>This is an open meeting and all interested persons are invited to attend. The Council will hear comments from the public between 4:30 p.m. and 5:00 p.m. on Thursday December 13th, 2012. Each individual or organization wishing to address the NEEAC meeting will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to<E T="03">araujo.javier@epa.gov.</E>Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come first serve basis, and the total period for comments may be extended if the number of requests for appearances requires it.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The NEEAC meeting will be held at Ariel Rios North, Room 3530 located at 1201 Constitution Avenue NW., Washington, DC 20004.</P>

          <P>The Council's meeting minutes and summary notes will be available online after the meeting, at<E T="03">http://www.epa.gov/enviroed/neeac.html</E>or can be obtained by written request to the DFO.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Javier Araujo, DFO for the National Environmental Education Advisory Council (NEEAC) at (202) 564-2642 or email at<E T="03">araujo.javier@epa.gov.</E>
          </P>
          <P>
            <E T="03">Information on Services for Those with Disabilities:</E>To request accommodation of a disability, please request it 10 days prior to the meeting, to give EPA as much time as possible to process your request.</P>

          <P>Please contact Javier Araujo at (202) 564-2642 or email at:<E T="03">araujo.javier@epa.gov.</E>
          </P>
          <SIG>
            <NAME>Javier Araujo,</NAME>
            <TITLE>Designated Federal Officer, National Environmental Education Advisory Council.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28474 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6560-50-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">EXPORT-IMPORT BANK</AGENCY>
        <DEPDOC>[Public Notice 2012-0543]</DEPDOC>
        <SUBJECT>Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million: AP087512XX</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.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>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>AP087512XX.</P>
          <P>
            <E T="03">Purpose and Use:</E>Brief description of the purpose of the transaction:</P>
          <P>To support the export of U.S. manufactured aircraft under operating lease from the United States to South Korea and China.</P>
          <P>Brief non-proprietary description of the anticipated use of the items being exported:</P>
          <P>To provide regional and domestic airline service from and within South Korea and China.</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: The Boeing Company.</P>
          <P>Obligor: Air Lease Corporation.</P>
          <P>Guarantor(s): N/A.</P>
          <P>Description of Items Being Exported: Boeing 737 aircraft.</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>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be received on or before December 18, 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 Regulations.gov at<E T="03">www.regulations.gov.</E>To submit a comment, enter EIB-2012-0044 under the heading “Enter Keyword or ID” and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name,<PRTPAGE P="70162"/>company name (if any) and EIB-2012-0044 on any attached document.</P>
        </ADD>
        <SIG>
          <NAME>Sharon A. Whitt,</NAME>
          <TITLE>Records Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28413 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6690-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL DEPOSIT INSURANCE CORPORATION</AGENCY>
        <SUBJECT>FDIC Systemic Resolution Advisory Committee; Notice of Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Deposit Insurance Corporation.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of open meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, notice is hereby given of a meeting of the FDIC Systemic Resolution Advisory Committee (the “SR Advisory Committee”), which will be held in Washington, DC. The SR Advisory Committee will provide advice and recommendations on a broad range of issues regarding the resolution of systemically important financial companies pursuant to Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203 (July 21, 2010), 12 U.S.C. 5301<E T="03">et seq.</E>(the “Dodd-Frank Act”).</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Monday, December 10, 2012, from 8:45 a.m. to 3:00 p.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>The meeting will be held in the FDIC Board Room on the sixth floor of the FDIC Building located at 550 17th Street NW., Washington, DC.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Committee Management Officer of the FDIC, at (202) 898-7043.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>
          <E T="03">Agenda:</E>The agenda will include a discussion of a range of issues related to the resolution of systemically important financial companies pursuant to Title II of the Dodd-Frank Act. The agenda may be subject to change. Any changes to the agenda will be announced at the beginning of the meeting.</P>
        <P>
          <E T="03">Type of Meeting:</E>The meeting will be open to the public, limited only by the space available, on a first-come, first-served basis. For security reasons, members of the public will be subject to security screening procedures and must present valid photo identification to enter the building. The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (703) 562-6067 (Voice or TTY) at least two days before the meeting to make necessary arrangements. Written statements may be filed with the SR Advisory Committee before or after the meeting. This SR Advisory Committee meeting will be Webcast live via the Internet at<E T="03">http://www.vodium.com/MediapodLibrary/index.asp?library=pn100472_fdic_SRAC.</E>This service is free and available to anyone with the following systems requirements:<E T="03">http://www.vodium.com/home/sysreq.html.</E>Adobe Flash Player is required to view these presentations. The latest version of Adobe Flash Player can be downloaded at:<E T="03">http://www.adobe.com/shockwave/download/download.cgi?P1_Prod_Version=ShockwaveFlash.</E>Installation questions or troubleshooting help can be found at the same link. For optimal viewing, a high speed Internet connection is recommended. The SR Advisory Committee meeting videos are made available on-demand approximately two weeks after the event.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <FP>Federal Deposit Insurance Corporation.</FP>
          <NAME>Robert Feldman,</NAME>
          <TITLE>Executive Secretary, Federal Deposit Insurance Corporation.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28399 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6714-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License Applicants</SUBJECT>
        <P>The Commission gives notice that the following applicants have filed an application for an Ocean Transportation Intermediary (OTI) license as a Non-Vessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF) pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. 40101). Notice is also given of the filing of applications to amend an existing OTI license or the Qualifying Individual (QI) for a licensee.</P>

        <P>Interested persons may contact the Office of Ocean Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573, by telephone at (202) 523-5843 or by email at<E T="03">OTI@fmc.gov.</E>
        </P>
        
        <FP SOURCE="FP-1">Certified Packaging &amp; Transport, Inc. (OFF), 10305 Guliford Road, Jessup, MD 20794, Officer: Mark Feinberg, President (QI), Application Type: New OFF License.</FP>
        
        <FP SOURCE="FP-1">Concepts In Freight, Inc. (NVO &amp; OFF), 10813 NW. 30th Street, Suite 115, Doral, FL 33172, Officers: Asma Aftimos, President (QI), Fadi Aftimos, Vice President, Application Type: QI Change.</FP>
        
        <FP SOURCE="FP-1">DRV Cargo Express Inc. (NVO)  5563 NW 72nd Avenue, Miami, FL 33166, Officer: Dante R. Viggiano, President (QI), Application Type: New NVO License.</FP>
        
        <FP SOURCE="FP-1">Dax Cargo Inc (OFF), 8514 NW 66th Street, Miami, FL 33166, Officers: Winston R. Lopez, Secretary (QI), Carlos E. Chalbaud, President, Application Type: New OFF License.</FP>
        
        <FP SOURCE="FP-1">Forwarding Services International, Inc. dba Triangle Shipping Lines (NVO &amp; OFF), 900 Center Park Drive, Suite F, Charlotte, NC 28217, Officers: Paul L. Carter, Vice President (QI), James D. McClaskey, President, Application Type: Name Change to Midrex Global Logistics, Inc. dba Triangle Shipping Lines.</FP>
        
        <FP SOURCE="FP-1">Green World Export, Inc. (OFF), 17800 Castleton Street, Suite 255, City of Industry, CA 91748, Officer: Danyang Zhao, CEO (QI), Application Type: New OFF License.</FP>
        
        <FP SOURCE="FP-1">Intell SCM LLC dba iContainers (NVO), 5150 Pacific Coast Highway, Suite 460, Long Beach, CA 90804, Officer: Andrew P. Scott, Manager (QI), Application Type: Remove Trade Name iContainers and Add Trade Names AWA Lines and Island Cargo Support.</FP>
        
        <FP SOURCE="FP-1">Jolly Forwarding USA, Inc. dba Jollibox Cargo dba Pinoy Express Cargo dba Chips R'Us (NVO), 470 Cloverleaf Drive, Suites A&amp;B, Baldwin Park, CA 91706, Officers: Urdelia C. Linayao, Secretary (QI), Maria Lourdes A. Timbol, President, Application Type: New NVO License.</FP>
        
        <FP SOURCE="FP-1">Kaizen Logistics Corp (NVO &amp; OFF), 1925 NW. 108th Avenue, Miami, FL 33172, Officers: Claudia Pabon, Vice President (QI), Juan P. Cadena, President, Application Type: New NVO &amp; OFF License.</FP>
        
        <FP SOURCE="FP-1">MIA Trans Corp. (NVO &amp; OFF), 8174 SW. 118th Place, Miami, FL 33183, Officers: Donald H. Pertuz, President (QI), Marilena Pertuz, Secretary, Application Type: License Transfer to MIA Logistics Solutions, Inc.</FP>
        
        <FP SOURCE="FP-1">Midnite Air Corp. dba Midnite Express dba MNX (OFF), 300 N. Oak Street, Los Angeles, CA 90302, Officers: Thomas A. Belmont, COO (QI), Christine Storey, Board Member, Application Type: QI Change.</FP>
        
        <FP SOURCE="FP-1">O.K. Cargo Corp. (OFF), 1720 NW. 94th Avenue, Miami, FL 33172, Officers: Jorge L. Garcia, President (QI), Nora V. Garcia, Vice President, Application Type: New OFF License.</FP>
        

        <FP SOURCE="FP-1">Oncarriage LLC (NVO &amp; OFF), 214 Windgate Court, Peachtree City, GA<PRTPAGE P="70163"/>30269, Officer: Joshua Wolf, Member/Manager (QI), Application Type: New NVO &amp; OFF License.</FP>
        
        <FP SOURCE="FP-1">Pegasus Logistics Group, Inc. (NVO &amp; OFF), 615 Freeport Pkwy, Suite 100, Coppell, TX 75019, Officer: Kenneth C. Beam, President (QI), Application Type: Add NVO Service.</FP>
        
        <FP SOURCE="FP-1">Reliable Shipping Agency, LLC (NVO), 7710 Brooklyn Boulevard North, Suite 211, Brooklyn Park, MN 55443, Officers: Wells Wescott, Manager (QI), Christian K. Kolleh, Chief Executive Manager, Application Type: New NVO License.</FP>
        
        <FP SOURCE="FP-1">Santa Fe Group Americas, Inc. (NVO &amp; OFF), 1001 S. Dairy Ashford Street, Suite 100, Houston, TX 77077, Officers: Francesca A. Vollaro, Vice President (QI), Lars L. Iversen, President, Application Type: New NVO &amp; OFF License.</FP>
        
        <FP SOURCE="FP-1">SH Transport, Inc. (NVO), 1975 Charles Willard Street, Rancho Dominguez, CA 90220, Officer: Steven Park, President (QI), Application Type: New NVO License.</FP>
        
        <FP SOURCE="FP-1">Transport Partner (USA), Inc. (NVO &amp; OFF), 2006 Cherry Hill Lane, Charleston, SC 29405, Officers: Adam Adaway, Secretary (QI), Wim Spinhoven, President, Application Type: Add NVO Service.</FP>
        
        <FP SOURCE="FP-1">Transports P. Fatton Inc. dba Fatton USA (NVO), 145 Hook Creek Blvd., Bldg. A5, Valley Stream, NY 11581, Officers: Renaud Mellier, Treasurer (QI), Henri Ducasse, CEO, Application Type: QI Change.</FP>
        <SIG>
          <P>Dated: November 16, 2012.</P>
          
          <P>By the Commission.</P>
          <NAME>Karen V. Gregory,</NAME>
          <TITLE>Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28475 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">FEDERAL MARITIME COMMISSION</AGENCY>
        <SUBJECT>Ocean Transportation Intermediary License Revocations</SUBJECT>
        <P>The Commission gives notice that the following Ocean Transportation Intermediary license has been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. 40101) effective on the date shown.</P>
        <P>
          <E T="03">License No.:</E>022069N.</P>
        <P>
          <E T="03">Name:</E>Unique Logistics International (ATL) LLC.</P>
        <P>
          <E T="03">Address:</E>510 Plaza Drive, Suite 2290, Atlanta, GA 30349.</P>
        <P>
          <E T="03">Date Revoked:</E>October 15, 2012.</P>
        <P>
          <E T="03">Reason:</E>Failed to maintain a valid bond.</P>
        <SIG>
          <NAME>Vern W. Hill,</NAME>
          <TITLE>Director, Bureau of Certification and Licensing.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28476 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 6730-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <DEPDOC>[CMS-9961-N]</DEPDOC>
        <SUBJECT>Recognition of Entities for the Accreditation of Qualified Health Plans</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Department of Health and Human Services.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces the recognition of the National Committee for Quality Assurance (NCQA) and URAC as recognized accrediting entities for the purposes of fulfilling the accreditation requirement as part of qualified health plan certification.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This notice is effective on November 20, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <FP SOURCE="FP-1">Rebecca Zimmermann, (301) 492-4396.</FP>
          <FP SOURCE="FP-1">Deborah Greene, (301) 492-4293.</FP>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>

        <P>Section 1311(c)(1)(D) of the Affordable Care Act specifies that to be certified as a qualified health plan (QHP) and operate in the Exchange, a health plan must be accredited by a recognized accrediting entity on a uniform timeline established by the applicable Exchange. On July 20, 2012, we published a final rule in the<E T="04">Federal Register</E>(77 FR 42658) titled, “Patient Protection and Affordable Care Act; Data Collection To Support Standards Related to Essential Health Benefits; Recognition of Entities for the Accreditation of Qualified Health Plans.” In that rule, we finalized 45 CFR 156.275(c), which specified the requirements for accrediting entities to be recognized for the purposes of fulfilling the accreditation requirement as part of QHP certification. We also established that, effective upon completion of the conditions at § 156.275 in paragraphs (c)(2) through (c)(4), that the National Committee for Quality Assurance (NCQA) and URAC will be recognized as accrediting entities for the purposes of QHP certification and that the Department of Health and Human Services (HHS) will notify the public of this recognition in the<E T="04">Federal Register</E>. As discussed in the preamble to the final rule published on July 20, 2012, the recognition of accrediting entities in phase one is effective until it is rescinded or this interim phase one process is replaced by the phase two process.</P>
        <HD SOURCE="HD1">II. Provisions of the Final Notice</HD>
        <P>NCQA and URAC met the requirements and criteria described in the final rule to be recognized as an accrediting entity (77 FR 42662 through 42668). Therefore, this notice serves as public notification that NCQA and URAC are recognized by the Secretary of HHS<SU>1</SU>
          <FTREF/>as accrediting entities for the purposes of QHP certification.</P>
        <FTNT>
          <P>
            <SU>1</SU>Delegated to CCIIO, 76 FR 53903 through 53906 2011-08-30.</P>
        </FTNT>
        <HD SOURCE="HD1">III. Collection of Information Requirements</HD>
        <P>This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995.</P>
        <SIG>
          <DATED>Dated: November 8, 2012.</DATED>
          <NAME>Marilyn Tavenner,</NAME>
          <TITLE>Acting Administrator, Centers for Medicare &amp; Medicaid Services.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28440 Filed 11-20-12; 11:15 am]</FRDOC>
      <BILCOD>BILLING CODE 4120-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
        <DEPDOC>[CMS-1437-N]</DEPDOC>
        <SUBJECT>Medicare Program; Town Hall Meeting on FY 2014 Applications for New Medical Services and Technology Add-On Payments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces a Town Hall meeting in accordance with section 1886(d)(5)(K)(viii) of the Social Security Act (the Act) to discuss fiscal year (FY) 2014 applications for add-on payments for new medical services and technologies under the hospital inpatient prospective payment system (IPPS). Interested parties are invited to this meeting to present their comments, recommendations, and data regarding whether the FY 2014 new medical services and technologies applications meet the substantial clinical improvement criterion.</P>
        </SUM>
        <DATES>
          <PRTPAGE P="70164"/>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Meeting Date:</E>The Town Hall Meeting announced in this notice will be held on Tuesday, February 5, 2013. The Town Hall Meeting will begin at 9:00 a.m. Eastern Standard Time (e.s.t.) and check-in will begin at 8:30 a.m. e.s.t. Only one check-in is required to enter the building.</P>
          <P>
            <E T="03">Deadline for Registration for Participants (not Presenting) at the Town Hall Meeting and Submitting Requests for Special Accommodations:</E>The deadline to register to attend the Town Hall Meeting and requests for special accommodations must be received no later than 5:00 p.m., e.s.t. on Monday, January 21, 2013.</P>
          <P>
            <E T="03">Deadline for Registration of Presenters of the Town Hall Meeting:</E>The deadline to register to present at the Town Hall Meeting must be received no later than 5:00 p.m., e.s.t. on Monday, January 14, 2013.</P>
          <P>
            <E T="03">Deadline for Submission of Agenda Item(s) or Written Comments for the Town Hall Meeting:</E>Written comments and agenda items for discussion at the Town Hall Meeting, including agenda items by presenters, must be received by Monday, January 14, 2013. In addition to materials submitted for discussion at the Town Hall Meeting, individuals may submit other written comments after the Town Hall Meeting, as specified in the<E T="02">ADDRESSES</E>section of this notice, on whether the service or technology represents a substantial clinical improvement. These comments must be received by Tuesday, February 26, 2013, for consideration in the FY 2014 IPPS proposed rule.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>
            <E T="03">Meeting Location:</E>The Town Hall Meeting will be held in the main Auditorium in the central building of the Centers for Medicare and Medicaid Services located at 7500 Security Boulevard, Baltimore, MD 21244-1850.</P>
          <P>In addition, we are providing two alternatives to attending the meeting in person—(1) there will be an open toll-free phone line to call into the Town Hall Meeting; or (2) participants may view and participate in the Town Hall Meeting via live stream technology and/or webinar. Information on these options are discussed in section II.B. of this notice.</P>
          <P>
            <E T="03">Registration and Special Accommodations:</E>Individuals wishing to participate in the meeting must register by following the on-line registration instructions located in section III. of this notice or by contacting staff listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice. Individuals who need special accommodations should contact staff listed in the<E T="02">FOR FURTHER INFORMATION CONTACT</E>section of this notice.</P>
          <P>
            <E T="03">Submission of Agenda Item(s) or Written Comments for the Town Hall Meeting:</E>Each presenter must submit an agenda item(s) regarding whether a FY 2014 application meets the substantial clinical improvement criterion. Agenda items, written comments, questions or other statements must not exceed three single-spaced typed pages and may be sent via email to<E T="03">newtech@cms.hhs.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Michael Treitel, (410) 786-4552,<E T="03">michael.treitel@cms.hhs.gov,</E>or Celeste Beauregard, (410) 786-8102,<E T="03">celeste.beauregard@cms.hhs.gov</E>. Alternatively, you may forward your requests via email to<E T="03">newtech@cms.hhs.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background on the Add-On Payments for New Medical Services and Technologies Under the IPPS</HD>
        <P>Sections 1886(d)(5)(K) and (L) of the Social Security Act (the Act) require the Secretary to establish a process of identifying and ensuring adequate payments to acute care hospitals for new medical services and technologies under Medicare. Effective for discharges beginning on or after October 1, 2001, section 1886(d)(5)(K)(i) of the Act requires the Secretary to establish (after notice and opportunity for public comment) a mechanism to recognize the costs of new services and technologies under the hospital inpatient prospective payment system (IPPS). In addition, section 1886(d)(5)(K)(vi) of the Act specifies that a medical service or technology will be considered “new” if it meets criteria established by the Secretary (after notice and opportunity for public comment). (See the FY 2002 IPPS proposed rule (66 FR 22693, May 4, 2001) and final rule (66 FR 46912, September 7, 2001) for a more detailed discussion.)</P>
        <P>In the September 7, 2001 final rule (66 FR 46914), we noted that we evaluated a request for special payment for a new medical service or technology against the following criteria in order to determine if the new technology meets the substantial clinical improvement requirement:</P>
        <P>• The device offers a treatment option for a patient population unresponsive to, or ineligible for, currently available treatments.</P>
        <P>• The device offers the ability to diagnose a medical condition in a patient population where that medical condition is currently undetectable or offers the ability to diagnose a medical condition earlier in a patient population than allowed by currently available methods. There must also be evidence that use of the device to make a diagnosis affects the management of the patient.</P>
        <P>• Use of the device significantly improves clinical outcomes for a patient population as compared to currently available treatments. Some examples of outcomes that are frequently evaluated in studies of medical devices are the following:</P>
        <P>++ Reduced mortality rate with use of the device.</P>
        <P>++ Reduced rate of device-related complications.</P>
        <P>++ Decreased rate of subsequent diagnostic or therapeutic interventions (for example, due to reduced rate of recurrence of the disease process).</P>
        <P>++ Decreased number of future hospitalizations or physician visits.</P>
        <P>++ More rapid beneficial resolution of the disease process treatment because of the use of the device.</P>
        <P>++ Decreased pain, bleeding or other quantifiable symptoms.</P>
        <P>++ Reduced recovery time.</P>
        <P>In addition, we indicated that the requester is required to submit evidence that the technology meets one or more of these criteria.</P>
        <P>Section 503 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) amended section 1886(d)(5)(K)(viii) of the Act to revise the process for evaluating new medical services and technology applications by requiring the Secretary to do the following:</P>
        <P>• Provide for public input regarding whether a new service or technology represents an advance in medical technology that substantially improves the diagnosis or treatment of Medicare beneficiaries before publication of a proposed rule.</P>
        <P>• Make public and periodically update a list of all the services and technologies for which an application is pending.</P>
        <P>• Accept comments, recommendations, and data from the public regarding whether the service or technology represents a substantial improvement.</P>
        <P>• Provide for a meeting at which organizations representing hospitals, physicians, manufacturers and any other interested party may present comments, recommendations, and data to the clinical staff of CMS as to whether the service or technology represents a substantial improvement before publication of a proposed rule.</P>

        <P>The opinions and alternatives provided during this meeting will assist us as we evaluate the new medical<PRTPAGE P="70165"/>services and technology applications for fiscal year (FY) 2014. In addition, they will help us to evaluate our policy on the IPPS new technology add-on payment process before the publication of the FY 2014 IPPS proposed rule.</P>
        <HD SOURCE="HD1">II. Town Hall Meeting and Conference Calling/Live Streaming Information</HD>
        <HD SOURCE="HD2">A. Format of the Town Hall Meeting</HD>

        <P>As noted in section I. of this notice, we are required to provide for a meeting at which organizations representing hospitals, physicians, manufacturers and any other interested party may present comments, recommendations, and data to the clinical staff of CMS concerning whether the service or technology represents a substantial clinical improvement. This meeting will allow for a discussion of the substantial clinical improvement criteria on each of the FY 2014 new medical services and technology add-on payment applications. Information regarding the applications can be found on our Web site at<E T="03">http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html.</E>
        </P>

        <P>The majority of the meeting will be reserved for presentations of comments, recommendations, and data from registered presenters. The time for each presenter's comments will be approximately 10 to 15 minutes and will be based on the number of registered presenters. Presenters will be scheduled to speak in the order in which they register and grouped by new technology applicant. Therefore, individuals who would like to present must register and submit their agenda item(s) via email to<E T="03">newtech@cms.hhs.gov</E>by the date specified in the<E T="02">DATES</E>section of this notice.</P>

        <P>In addition, written comments will also be accepted and presented at the meeting if they are received via email to<E T="03">newtech@cms.hhs.gov</E>by the date specified in the<E T="02">DATES</E>section of this notice. Written comments may also be submitted after the meeting for our consideration. If the comments are to be considered before the publication of the proposed rule, the comments must be received via email to<E T="03">newtech@cms.hhs.gov</E>by the date specified in the<E T="02">DATES</E>section of this notice.</P>
        <HD SOURCE="HD2">B. Conference Call, Live Streaming, and Webinar Information</HD>
        <P>For participants who cannot attend the Town Hall Meeting in person, an open toll-free phone line, (877) 267-1577, has been made available. The conference code is “7702.”</P>

        <P>Also, there will be an option to view and participate in the Town Hall Meeting via live streaming technology and/or a webinar. Information on the option to participate via live streaming technology and/or a webinar will be provided through an upcoming listserv notice and posted on the New Technology Web site at<E T="03">http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html</E>. Continue to check the Web site for updates.</P>
        <P>
          <E T="03">Disclaimer:</E>Because this is the first year that we are providing an option for live streaming technology and/or a webinar, we cannot guarantee the reliability of these technologies.</P>
        <HD SOURCE="HD1">III. Registration Instructions</HD>
        <P>The Division of Acute Care in CMS is coordinating the meeting registration for the Town Hall Meeting on substantial clinical improvement. While there is no registration fee, individuals planning to attend the Town Hall Meeting in person must register to attend.</P>

        <P>Registration may be completed on-line at the following web address:<E T="03">http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html.</E>Select the link at the bottom of the page “Register to Attend the New Technology Town Hall Meeting”. After completing the registration, on-line registrants should print the confirmation page(s) and bring it with them to the meeting(s).</P>

        <P>If you are unable to register on-line, you may register by sending an email to<E T="03">newtech@cms.hhs.gov.</E>Please include your name, address, telephone number, email address and fax number. If seating capacity has been reached, you will be notified that the meeting has reached capacity.</P>
        <HD SOURCE="HD1">IV. Security, Building, and Parking Guidelines</HD>

        <P>Because these meetings will be located on Federal property, for security reasons, any persons wishing to attend these meetings must register by the date specified in the<E T="02">DATES</E>section of this notice. Please allow sufficient time to go through the security checkpoints. It is suggested that you arrive at 7500 Security Boulevard no later than 8:30 a.m. e.s.t. if you are attending the Town Hall Meeting so that you will be able to arrive promptly for the meeting.</P>
        <P>Security measures include the following:</P>
        <P>• Presentation of government-issued photographic identification to the Federal Protective Service or Guard Service personnel.</P>
        <P>• Interior and exterior inspection of vehicles (this includes engine and trunk inspection) at the entrance to the grounds. Parking permits and instructions will be issued after the vehicle inspection.</P>
        <P>• Passing through a metal detector and inspection of items brought into the building. We note that all items brought to CMS, whether personal or for the purpose of demonstration or to support a demonstration, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for demonstration or to support a demonstration.</P>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P>
            <E T="03">Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting in person. The public may not enter the building earlier than 45 minutes prior to the convening of the meeting(s).</E>
          </P>
        </NOTE>
        <P>All visitors must be escorted in areas other than the lower and first floor levels in the Central Building. Seating capacity is limited to the first 250 registrants.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 503 of Public Law 108-173.</P>
        </AUTH>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Marilyn Tavenner,</NAME>
          <TITLE>Acting Administrator, Centers for Medicare &amp; Medicaid Services.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28478 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4120-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Administration for Children and Families</SUBAGY>
        <SUBJECT>Proposed Information Collection Activity; Comment Request</SUBJECT>
        <HD SOURCE="HD1">Proposed Projects</HD>
        <P>
          <E T="03">Title:</E>Form CB-496: Title IV-E Programs Quarterly Financial Report.</P>
        <P>
          <E T="03">OMB No.:</E>0970-0205.</P>
        <P>
          <E T="03">Description:</E>This is a financial report submitted following the end of each fiscal quarter by each State or Tribe with an approved title IV-E plan administering any of three title IV-E entitlement grant programs—Foster Care, Adoption Assistance or Guardianship Assistance.</P>

        <P>The purpose of this form is to enable each State or Tribe to meet its statutory and regulatory requirement to report program expenditures made in the<PRTPAGE P="70166"/>preceding fiscal quarter and to estimate program expenditures to be made in the upcoming fiscal quarter. This form also allows States and Tribes to report the actual and estimated average monthly number of children assisted in each of the three IV-E entitlement grant programs in the preceding and upcoming fiscal quarters, respectively.</P>
        <P>The Administration for Children and Families provides Federal funding at the rate of 50 percent for nearly all allowable and legitimate administrative costs of these programs and at other funding rates for other specific categories of costs as detailed in Federal statute and regulations. The information collected in this report is used by this agency to calculate quarterly Federal grant awards and to enable oversight of the financial management of the programs.</P>
        <P>
          <E T="03">Respondents:</E>States (including Puerto Rico and the District of Columbia) and Tribes* with approved title IV-E plans. (*An estimated 10 Tribes will have approved title IV-E plans within the next 3-year period.)</P>
        <GPOTABLE CDEF="s100,12,12,12,12" COLS="5" OPTS="L2,i1">
          <TTITLE>Annual Burden Estimates</TTITLE>
          <BOXHD>
            <CHED H="1">Instrument</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 hours</LI>
              <LI>per response</LI>
            </CHED>
            <CHED H="1">Total burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Form CB-496: Title IV-E Programs Quarterly Financial Report</ENT>
            <ENT>62</ENT>
            <ENT>4</ENT>
            <ENT>20</ENT>
            <ENT>4,960</ENT>
          </ROW>
        </GPOTABLE>
        <P>Estimated Total Annual Burden Hours: 4,960.</P>

        <P>In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address:<E T="03">infocollection@acf.hhs.gov</E>. All requests should be identified by the title of the information collection.</P>
        <P>The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.</P>
        <SIG>
          <NAME>Robert Sargis,</NAME>
          <TITLE>Reports Clearance Officer.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28340 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4184-01-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-1090]</DEPDOC>
        <SUBJECT>Provisions of the Food and Drug Administration Safety and Innovation Act Related to Medical Gases; Establishment of a Public Docket</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 establishing a public docket for information pertaining to FDA's implementation of the provisions of the Food and Drug Administration Safety and Innovation Act (FDASIA) related to medical gases. This action is intended to ensure that information submitted to FDA on the implementation of the medical gas provisions of FDASIA is available to all interested persons in a timely fashion.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit electronic or written comments by November 25, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit electronic comments 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. 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>Patrick Raulerson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6368, Silver Spring, MD 20993-0002, 301-796-3522,<E T="03">patrick.raulerson@fda.hhs.gov;</E>or Germaine Connolly, Center for Veterinary Medicine, Food and Drug Administration, 7500 Standish Pl., MPN2, Rockville, MD 20855, 240-276-8331,<E T="03">germaine.connolly@fda.hhs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>
        <P>On July 9, 2012, President Obama signed into law FDASIA (Pub. L. 112-144, 126 Stat. 993). Title XI, Subtitle B, section 1111 of FDASIA added new sections 575, 576, and 577 to the Federal Food, Drug, and Cosmetic Act (the FD&amp;C Act) regarding medical gases. Among other things, these new sections define the terms “designated medical gas” and “medical gas” and establish the process for the certification of a medical gas as a designated medical gas. (See sections 575(1) and (2) of the FD&amp;C Act.) The sections describe the process for filing a request for certification and describe the information that should be included in the request for certification. (See section 576(a) of the FD&amp;C Act.) Under section 576(a)(3) of the FD&amp;C Act, if a certification is granted for a designated medical gas, the designated medical gas will be deemed to have in effect an approved new human drug application under section 505 (21 U.S.C. 355) or an approved new animal drug application under section 512 (21 U.S.C. 360b) of the FD&amp;C Act for certain specified indications and subject to all applicable postapproval requirements. Under section 576(a)(1) of the FD&amp;C Act, requests for certification may be submitted to FDA beginning 180 days after the enactment of FDASIA, or January 5, 2013.</P>

        <P>FDA is establishing a public docket for information pertaining to FDA's implementation of these new medical gas provisions. This action is intended to ensure that information submitted to FDA on the implementation of the medical gas provisions of FDASIA is available to all interested persons in a timely fashion. The Compressed Gas<PRTPAGE P="70167"/>Association and the Gases and Welding Distributors Association voluntarily submitted to the Agency its views on implementation of the medical gas provisions of FDASIA. FDA plans to place these comments in the public docket so they are readily available to all interested members of the public. FDA expects to place all additional submissions containing recommendations on how the Agency should implement the medical gas provisions of FDASIA in this docket, and directs the public to submit all comments related to these provisions to this docket. This docket will be open for comments for 1 year from the date of publication of this notice. In addition, as FDA implements the medical gas provisions of FDASIA, FDA plans to open other dockets. For example, we plan to issue a separate<E T="04">Federal Register</E>notice in the future to provide the public with an opportunity to submit comments on section 1112 of FDASIA. Section 1112(a)(1) of FDASIA provides that not later than 18 months after the date of the enactment of FDASIA, the Secretary, after obtaining input from medical gas manufacturers and any other interested members of the public, must determine whether any changes to the Federal drug regulations are necessary for medical gases.</P>
        <HD SOURCE="HD1">II. Comments</HD>

        <P>Interested persons may submit either written comments 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>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28431 Filed 11-21-12; 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-D-1120]</DEPDOC>
        <SUBJECT>Draft Guidance for Industry on Vaginal Microbicides: Development for the Prevention of Human Immunodeficiency Virus Infection; Availability</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Food and Drug Administration, HHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled “Vaginal Microbicides: Development for the Prevention of HIV Infection.” The purpose of this guidance is to assist sponsors in all phases of development of vaginal microbicides for the prevention of human immunodeficiency virus (HIV) infection. The guidance outlines the types of nonclinical studies and clinical trials recommended throughout the drug development process to support approval of vaginal microbicides.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by February 21, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written requests for single copies of the draft 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 draft guidance document.</P>
          <P>Submit electronic comments on the draft 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>Charu Mullick, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6365, Silver Spring, MD 20993-0002, 301-796-1500.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>
        <P>FDA is announcing the availability of a draft guidance for industry entitled “Vaginal Microbicides: Development for the Prevention of HIV Infection.” This guidance addresses nonclinical development, early phases of clinical development, phase 3 trial considerations, and safety considerations in vaginal microbicide development, including safety considerations in adolescent and pregnant populations. The guidance also provides some information on approaches for developing combination microbicide products such as drug-drug combinations, drug-device combinations containing a microbicide, or combination products containing a microbicide that are intended for multiple indications. With the recent approval of oral emtricitabine/tenofovir for HIV pre-exposure prophylaxis (PrEP), the effect of oral PrEP on microbicide trial designs is an emerging topic. The guidance discusses this issue; however, it should be noted the pertinent sections may be revised as FDA takes into consideration evolving opinions in the prevention field as well as public comments on this topic.</P>
        <P>This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the Agency's current thinking on developing vaginal microbicides for preventing HIV transmission. 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. The Paperwork Reduction Act of 1995</HD>
        <P>This draft guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 312 have been approved under OMB control number 0910-0014, and the collections of information referred to in the guidance for clinical trial sponsors entitled “Establishment and Operation of Clinical Trial Data Monitoring Committees” have been approved under OMB control number 0910-0581.</P>
        <HD SOURCE="HD1">III. Comments</HD>

        <P>Interested persons may submit either written comments regarding the draft guidance to the Division of Dockets<PRTPAGE P="70168"/>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 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 19, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28430 Filed 11-21-12; 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-0464]</DEPDOC>
        <SUBJECT>Guidance for Industry and Food and Drug Administration Staff; The Content of Investigational Device Exemption and Premarket Approval Applications for Artificial Pancreas Device Systems; 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 the guidance entitled “The Content of Investigational Device Exemption (IDE) and Premarket Approval (PMA) Applications for Artificial Pancreas Device Systems.” FDA is issuing this guidance to inform industry and Agency staff of its recommendations for analytical and clinical performance studies to support premarket submissions for artificial pancreas systems.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Submit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written requests for single copies of the guidance document entitled “The Content of Investigational Device Exemption (IDE) and Premarket Approval (PMA) Applications for Artificial Pancreas Device Systems” to the Division of Small Manufacturers, International and Consumer Assistance, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 301-847-8149. See the<E T="02">SUPPLEMENTARY INFORMATION</E>section for information on electronic access to the guidance.</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. Identify comments 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>Stayce Beck,Center for Devices and Radiological Health,Food and Drug Administration,10903 New Hampshire Ave.,Bldg. 66, Rm. 5609,Silver Spring, MD 20993,301-796-6514.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Background</HD>

        <P>Diabetes mellitus has reached epidemic proportions in the United States and, more recently, worldwide. The morbidity and mortality associated with diabetes is anticipated to account for a substantial proportion of health care expenditures. Although there are many devices available that help patients manage the disease, FDA recognizes the need for new and improved devices for treatment of diabetes. One of the more advanced diabetes management systems is an artificial pancreas device system. An artificial pancreas system is a type of autonomous system that adjusts insulin infusion based upon the continuous glucose monitor via a control algorithm. On June 22, 2011 (76 FR 36542), FDA announced the availability of the draft guidance document entitled “Draft Guidance for Industry and Food and Drug Administration Staff: The Content of Investigational Device Exemption (IDE) and Premarket Approval Applications (PMA) for Low Glucose Suspend (LGS) Device Systems.” On December 6, 2011 (76 FR 76166), FDA announced the availability of the draft guidance document entitled “The Content of Investigational Device Exemption (IDE) and Premarket Approval (PMA) Applications for Artificial Pancreas Device Systems.” Ninety-seven sets of comments were received in total for both guidance documents. In response to comments, FDA made clarifying edits in several sections. Based on the similarities between the two draft guidance documents and the comments received, these two documents have been combined into one guidance document, which provides industry and Agency staff with recommendations for developing premarket submissions for artificial pancreas device systems (APDS) and is the subject of this<E T="04">Federal Register</E>document. The guidance outlines considerations for development of clinical studies, and recommends elements that should be included in IDE and PMA applications for artificial pancreas systems, including threshold suspend systems (also known as low glucose suspend systems), single hormonal control systems, and bihormonal control systems. This guidance focuses on critical elements of safety and effectiveness for approval of this device type, while keeping in mind the risks diabetic patients face everyday.</P>
        <P>Artificial pancreas device systems are class III devices and require the submission of a PMA. All components of the APDS (insulin pump, continuous glucose monitoring system, blood glucose device, and control algorithm and signal processing functional component) are considered essential components of the system and will be regulated as class III devices when used as part of an APDS. As such, all information sufficient for approval of the components as part of the system should be provided in the PMA submission (e.g., manufacturing information, specifications, etc.).</P>
        <HD SOURCE="HD1">II. Significance of Guidance</HD>
        <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 the content of IDE and PMA applications for artificial pancreas device systems. 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 statute and regulations.</P>
        <HD SOURCE="HD1">III. Electronic Access</HD>

        <P>Persons interested in obtaining a copy of the guidance may do so by using the Internet. A search capability for all CDRH guidance documents is available at<E T="03">http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm.</E>Guidance documents are also available at<E T="03">http://www.regulations.gov.</E>To receive the document “The Content of Investigational Device Exemption (IDE) and Premarket Approval (PMA)<PRTPAGE P="70169"/>Applications for Artificial Pancreas Device Systems,” you may either send an email request to<E T="03">dsmica@fda.hhs.gov</E>to receive an electronic copy of the document or send a fax request to 301-847-8149 to receive a hard copy. Please use the document number 1759 to identify the guidance you are requesting.</P>
        <HD SOURCE="HD1">IV. Paperwork Reduction Act</HD>
        <P>This guidance refers to currently approved collections of information found in FDA regulations and guidance documents. These collection of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR 54.4 are approved under OMB control number 0910-0396; the collections of information in 21 CFR 56.115 are approved under OMB control number 0910-0130; the collections of information in 21 CFR parts 801 and 809 are approved under OMB control number 0910-0485; the collections of information in 21 CFR part 812 are approved under OMB control number 0910-0078; and the collections of information in 21 CFR part 814 are approved under OMB control number 0910-0231; the collections of information in 21 CFR part 820 are approved under OMB control number 0910-0073.</P>
        <HD SOURCE="HD1">V. 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>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Leslie Kux,</NAME>
          <TITLE>Assistant Commissioner for Policy.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28339 Filed 11-21-12; 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>Health Resources and Service Administration</SUBAGY>
        <SUBJECT>Advisory Committee on Interdisciplinary, Community-Based Linkages; Notice of Meeting</SUBJECT>
        <EXTRACT>
          <P>In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting:</P>
          
        </EXTRACT>
        <P>
          <E T="03">Name:</E>Advisory Committee on Interdisciplinary, Community-Based Linkages (ACICBL).</P>
        <P>
          <E T="03">Dates and Times:</E>December 7, 2012, 1:00 p.m.-5:00 p.m. EST.</P>
        <P>
          <E T="03">Place:</E>Webinar and Conference Call Format.</P>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">Supplementary Information:</HD>
        <P>
          <E T="03">Status:</E>The meeting will be open to the public. The conference call access will be limited only by availability of telephone ports.</P>
        <P>
          <E T="03">Purpose:</E>The members of the ACICBL will begin the planning required to develop the legislatively mandated 13th Annual Report to the Secretary of Health and Human Services and Congress. The meeting objectives are to: (1) Focus on a relevant topic that will enhance the mission of the Title VII training programs; (2) develop an outline that will inform the development of the 13th Annual Report; (3) provide an update on training programs; and (4) provide an update on the 12th Annual Report.</P>
        <P>
          <E T="03">Agenda:</E>The ACICBL agenda includes an opportunity for each member to offer ideas for the upcoming report, along with identifying consultants in specific areas who could provide expert testimony. The staff writer provided by the Health Resources and Services Administration (HRSA), Bureau of Health Professions, will offer a strategy for outlining the upcoming report. The agenda will be available days prior to the meeting on the HRSA Web site (<E T="03">http://www.hrsa.gov/advisorycommittees/bhpradvisory/acicbl/acicbl.html</E>). Agenda items are subject to change as priorities dictate.</P>

        <P>Individuals who plan to participate on the webinar should register at least one day prior to the meeting, using the following webinar information:<E T="03">https://hrsa.connectsolutions.com/r5x1ckkknl6</E>. The conference call-in number is 1-800-857-5750, using the participant passcode 6694174.</P>
        <P>Requests to make oral comments or provide written comments to the ACICBL should be sent to Dr. Joan Weiss, Designated Federal Official, at least 3 days prior to the meeting using the address and phone number below. Individuals who plan to participate on the conference call or webinar should notify Dr. Weiss at least 3 days prior to the meeting, using the address and phone number below. Members of the public will have the opportunity to provide comments. Interested parties should refer to meeting subject as the HRSA Advisory Committee on Interdisciplinary, Community-Based Linkages.</P>
        <FURINF>
          <HD SOURCE="HED">For Further information Contact:</HD>

          <P>Anyone requesting information regarding the ACICBL should contact Dr. Joan Weiss, Designated Federal Official within the Bureau of Health Professions, Health Resources and Services Administration, in one of three ways: (1) Send a request to the following address: Dr. Joan Weiss, Designated Federal Official, Bureau of Health Professions, Health Resources and Services Administration, Parklawn Building, Room 9C-05, 5600 Fishers Lane, Rockville, Maryland 20857; (2) call (301) 443-6950; or (3) email<E T="03">jweiss@hrsa.gov</E>. The web address for information on the Advisory Committee is<E T="03">http://www.hrsa.gov/advisorycommittees/bhpradvisory/acicbl/acicbl.html</E>.</P>
          <SIG>
            <DATED>Dated: November 16, 2012.</DATED>
            <NAME>Bahar Niakan,</NAME>
            <TITLE>Director, Division of Policy and Information Coordination.</TITLE>
          </SIG>
        </FURINF>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28378 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4165-15-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>Health Resources and Services Administration</SUBAGY>
        <SUBJECT>Advisory Commission on Childhood Vaccines;Notice of Meeting</SUBJECT>
        <P>In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting:</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name:</E>Advisory Commission on Childhood Vaccines (ACCV).</P>
          <P>
            <E T="03">Date and Time:</E>December 6, 2012, 1:00 p.m. to 4:45 p.m. EDT.</P>
          <P>
            <E T="03">Place:</E>Parklawn Building (and via audio conference call),5600 Fishers Lane,Conference Room 10-65,Rockville, MD 20857.</P>
          <P>The ACCV will meet on Thursday, December 6, 2012, from 1:00 p.m. to 4:45 p.m. (EDT). The public can join the meeting via audio conference call by dialing 1-800-369-3104 on December 6 and providing the following information:</P>
          <P>
            <E T="03">Leader's Name:</E>Dr. Vito Caserta.</P>
          <P>
            <E T="03">Password:</E>ACCV.<PRTPAGE P="70170"/>
          </P>
          <P>
            <E T="03">Agenda:</E>The agenda items for the December meeting will include, but are not limited to: updates from the Division of Vaccine Injury Compensation (DVIC); Department of Justice (DOJ); National Vaccine Program Office (NVPO); Immunization Safety Office (Centers for Disease Control and Prevention); National Institute of Allergy and Infectious Diseases (National Institutes of Health); and Center for Biologics, Evaluation and Research (Food and Drug Administration). A draft agenda and additional meeting materials will be posted on the ACCV Web site (<E T="03">http://www.hrsa.gov/vaccinecompensation/accv.htm</E>) prior to the meeting. Agenda items are subject to change as priorities dictate.</P>
          <P>
            <E T="03">Public Comment:</E>Persons interested in attending the meeting in person or providing an oral presentation should submit a written request along with a copy of their presentation to: Annie Herzog, DVIC, Healthcare Systems Bureau (HSB), Health Resources and Services Administration (HRSA), Room 11C-26, 5600 Fishers Lane, Rockville, Maryland 20857 oremail:<E T="03">aherzog@hrsa.gov</E>. Requests should contain the name, address, telephone number,email address, and any business or professional affiliation of the person desiring to make an oral presentation. Groups having similar interests are requested to combine their comments and present them through a single representative. The allocation of time may be adjusted to accommodate the level of expressed interest. DVIC will notify each presenter by email, mail, or telephone of their assigned presentation time. Persons who do not file an advance request for a presentation, but desire to make an oral statement, may announce it at the time of the public comment period. Public participation and ability to comment will be limited to space and time as it permits.</P>
          <P>
            <E T="03">For Further Information Contact:</E>Anyone requiring information regarding the ACCV should contact Annie Herzog, DVIC, HSB, HRSA, Room 11C-26, 5600 Fishers Lane, Rockville, MD 20857; telephone (301) 443-6593; or email:<E T="03">aherzog@hrsa.gov</E>.</P>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Bahar Niakan,</NAME>
          <TITLE>Director, Division of Policy and Information Coordination.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28377 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4165-15-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; Amended Notice of Meeting</SUBJECT>

        <P>Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, December 3, 2012, 8:30 a.m. to December 4, 2012, 5:00 p.m., which was published in the<E T="04">Federal Register</E>on November 1, 2012, 77 FR Pg. 66854-66855.</P>
        <P>The meeting will be held November 27-28, 2012 at 8:30 a.m. and will end at 5:00 p.m. The meeting location remains the same. The meeting is closed to the public.</P>
        <SIG>
          <DATED>Dated: November 16, 2012</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28368 Filed 11-21-12; 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; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2); notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The purpose of this meeting is to evaluate requests for preclinical development resources for potential new therapeutics for the treatment of cancer. The outcome of the evaluation will provide information to internal NCI committees that will decide whether NCI should support requests and make available contract resources for development of the potential therapeutic to improve the treatment of various forms of cancer. The research proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the proposed research projects, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Cancer Institute Special Emphasis Panel; NCI Experimental Therapeutics Program (NExT).</P>
          <P>
            <E T="03">Date:</E>December 12, 2012.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 4:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To evaluate the NCI Experimental Therapeutics Program Portfolio.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, Neuroscience Building, 6001 Executive Boulevard, Conference Room A1 &amp; A2, Bethesda, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Barbara Mroczkowski, Ph.D., Executive Secretary, Discovery Experimental Therapeutics Program, National Cancer Institute, NIH, 31 Center Drive, Room 3A44, Bethesda, MD 20892, (301) 496-4291,<E T="03">mroczkoskib@mail.nih.gov.</E>
          </P>

          <P>Joseph Tomaszewski, Ph.D., Executive Secretary, Development Experimental Therapeutics Program, National Cancer Institute, NIH, 31 Center Drive, Room 3A44, Bethesda, MD 20892, (301) 496-6711,<E T="03">tomaszej@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28370 Filed 11-21-12; 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; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2); notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The purpose of this meeting is to evaluate requests for preclinical development resources for potential new therapeutics for the treatment of cancer. The outcome of the evaluation will provide information to internal NCI committees that will decide whether NCI should support requests and make available contract resources for development of the potential therapeutic to improve the treatment of various forms of cancer. The research proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the proposed research projects, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Cancer Institute Special Emphasis Panel NCI Experimental Therapeutics Program (NExT).</P>
          <P>
            <E T="03">Date:</E>December 12, 2012.</P>
          <P>
            <E T="03">Time:</E>8:30 a.m. to 4:30 p.m.</P>
          <P>
            <E T="03">Agenda:</E>To evaluate the NCI Experimental Therapeutics Program Portfolio.</P>
          <P>
            <E T="03">Place:</E>National Institutes of Health, Neuroscience Building, 6001 Executive<PRTPAGE P="70171"/>Boulevard, Conference Room A1 &amp; A2, Bethesda, MD 20852.</P>
          <P>
            <E T="03">Contact</E>
            <E T="03">Person:</E>Barbara Mroczkowski, Ph.D., Executive Secretary, Discovery Experimental Therapeutics Program, National Cancer Institute, NIH, 31 Center Drive, Room 3A44, Bethesda, MD 20892, (301) 496-4291<E T="03">mroczkoskib@mail.nih.gov.</E>
          </P>

          <P>Joseph Tomaszewski, Ph.D. Executive Secretary, Development Experimental Therapeutics Program, National Cancer Institute, NIH, 31 Center Drive, Room 3A44, Bethesda, MD 20892, (301) 496-6711,<E T="03">tomaszej@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28373 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee</E>: National Institute on Alcohol Abuse and Alcoholism Initial Review Group Neuroscience Review Subcommittee.</P>
          <P>
            <E T="03">Date</E>: March 6, 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>:  NIAAA, 5635 Fishers Lane, Room T-508, Rockville, MD 20852.</P>
          <P>
            <E T="03">Contact Person</E>: Beata Buzas, Ph.D. Scientific Review Officer, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 5635 Fishers Lane, RM 2081, Rockville, MD 20852,301-443-0800,<E T="03">bbuzas@mail.nih.gov</E>.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.273, Alcohol Research Programs, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28374 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee</E>: National Institute on Alcohol Abuse and Alcoholism Initial Review Group Biomedical Research Review Subcommittee.</P>
          <P>
            <E T="03">Date</E>: March 5, 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>National Institutes of Health, 5635 Fishers Lane, T508, Rockville, MD 20852.</P>
          <P>
            <E T="03">Contact Person:</E>Philippe Marmillot, Ph.D., Scientific Review Officer National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane, RM 2019, Bethesda, MD 20892, 301-443-2861,<E T="03">marmillotp@mail.nih.gov</E>.</P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.273, Alcohol Research Programs, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012 .</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28371 Filed 11-21-12; 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 Institute Special Emphasis Panel, October 30, 2012, 8:00 a.m. to October 30, 2012, 5:00 p.m., National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 which was published in the<E T="04">Federal Register</E>on September 12, 2012, 77 FR 56215.</P>
        <P>This notice is being amended to change the location, date and time to 6116 Executive Boulevard, Room 707, Rockville, MD 20852, November 30, 2012, 9:00 a.m.-4:00 p.m. Additionally the meeting is being held as a teleconference. The meeting is closed to the public.</P>
        <SIG>
          <NAME>Melanie J. Gray,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28369 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
        <SUBAGY>National Institutes of Health</SUBAGY>
        <SUBJECT>National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting</SUBJECT>
        <P>Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.</P>
        <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
        
        <EXTRACT>
          <P>
            <E T="03">Name of Committee:</E>National Institute on Alcohol Abuse and Alcoholism Initial Review Group Clinical, Treatment and Health Services Research Review Subcommittee.</P>
          <P>
            <E T="03">Date:</E>March 12, 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>National Institutes of Health, 5635 Fishers Lane, Bethesda, MD 20892.</P>
          <P>
            <E T="03">Contact Person:</E>Katrina L Foster, Ph.D., Scientific Review Officer, National Institute<PRTPAGE P="70172"/>on Alcohol Abuse &amp; Alcoholism, National Institutes of Health, 5635 Fishers Lane, RM. 2019, Rockville, MD 20852, 301-443-4032 ,<E T="03">katrina@mail.nih.gov.</E>
          </P>
          
          <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.273, Alcohol Research Programs, National Institutes of Health, HHS)</FP>
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Carolyn A. Baum,</NAME>
          <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28367 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4140-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <DEPDOC>[USCG-2012-0848]</DEPDOC>
        <SUBJECT>Lifesaving and Fire-Fighting Equipment, Training and Drills Onboard Offshore Facilities and Mobile Offshore Drilling Units (MODUs) Operating on the U.S. Outer Continental Shelf (OCS)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of recommended interim voluntary guidance with request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>As part of its continuing response to the explosion, fire and sinking of the Mobile Offshore Drilling Unit (MODU)<E T="03">DEEPWATER HORIZON,</E>in the Gulf of Mexico on April 20, 2010, with loss of life, the Coast Guard announces recommended interim voluntary guidance concerning lifesaving and fire-fighting equipment, training, and drills onboard manned offshore facilities and MODUs operating on the U.S. Outer Continental Shelf (OCS), and requests comments on that guidance. Comments received on the docket will be considered in our ongoing evaluation of the safety of offshore facilities.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The policy on recommended guidance described in this notice is effective November 23, 2012. Comments and related materials must reach the Docket Management Facility by February 21, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by docket number USCG-2012-0848 using any one of the following methods. To avoid duplication, please use only one of these four methods:</P>
          <P>(1)<E T="03">Federal eRulemaking Portal: http://www.regulations.gov</E>.</P>
          <P>(2)<E T="03">Fax:</E>202-493-2251.</P>
          <P>(3)<E T="03">Mail:</E>Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.</P>
          <P>(4)<E T="03">Hand Delivery:</E>Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.</P>

          <P>To avoid duplication, please use only one of these four methods. See the “Public Participation” portion of the<E T="02">SUPPLEMENTARY INFORMATION</E>section below for instructions on submitting comments.</P>

          <P>Documents mentioned as being available in the docket are part of docket USCG-2012-0848 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to<E T="03">http://www.regulations.gov,</E>inserting USCG-2012-0848 in the “Keyword” box, and then clicking “Search.”</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>If you have questions on this notice, call or email Mr. Randall Eberly, U.S. Coast Guard, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-4), telephone (202) 372-1393, email<E T="03">Randall.Eberly@uscg.mil</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">I. Public Participation</HD>

        <P>You may submit comments and related material regarding whether this recommended interim voluntary guidance should be incorporated into future rulemaking documents concerning lifesaving and fire-fighting equipment, training and drills on board offshore facilities and MODUs operating on the U.S. Outer Continental Shelf. All comments received will be posted, without change, to<E T="03">http://www.regulations.gov</E>and will include any personal information you have provided.</P>
        <HD SOURCE="HD2">Submitting Comments</HD>
        <P>If you submit a comment, please include the docket number for this notice (USCG-2012-0848) and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
        <P>To submit your comment online, go to<E T="03">http://www.regulations.gov</E>and insert “USCG-2012-0848” in the “Search” box. Click “Search,” find this notice in the list of Results, and then click on the corresponding “Comment Now” box. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8<FR>1/2</FR>by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period.</P>
        <HD SOURCE="HD2">Viewing the Comments</HD>

        <P>To view comments, as well as documents mentioned in this notice as being available in the docket, go to<E T="03">http://www.regulations.gov</E>and insert “USCG-2012-0848” in the “Search” box. Click “Search” and use the filters on the left side of the page to highlight “Public Submissions” or other document types. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility.</P>
        <HD SOURCE="HD2">Privacy Act</HD>

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

        <P>The Report of Investigation into the Circumstances Surrounding the Explosion, Fire, Sinking and Loss of Eleven Crew Members Aboard the Mobile Offshore Drilling Unit<E T="03">DEEPWATER HORIZON</E>in the Gulf of Mexico, April 20-22, 2010, and related Commandant's Final Action Memo, dated September 9, 2011, (hereinafter referred to as “Report”) contain a number of recommendations for OCS safety improvements that are presently<PRTPAGE P="70173"/>being evaluated for further regulatory action. (These documents may be found in the docket for this action, as indicated under<E T="02">ADDRESSES</E>). The Coast Guard believes that the five recommendations discussed below could yield significant safety improvements, and, pending issuance of further regulatory action, urges operators of MODUs and manned offshore facilities on the U.S. OCS to consider voluntary compliance with these items, to the extent appropriate and practicable.</P>
        <HD SOURCE="HD2">(a) Fixed Deluge Systems for Drill Floor Protection (Safety Recommendation 2D)</HD>
        <P>The Report recommended that a fixed deluge system or multiple high capacity water monitors should be installed for the protection of the drill floor and adjacent areas, with consideration given to requiring automatic operation upon gas detection.</P>
        <P>We are considering proposing requirements for installation of such systems, since it is believed that, in some circumstances, early employment of a deluge or monitor spray system during a drilling mishap could serve to prevent or delay ignition of an uncontrolled release of product and/or mitigate the effects of ignition.</P>
        <P>As an interim measure, we recommend that operators of MODUs and manned offshore facilities should consider installation of fixed water spray systems for the protection of critical drill floor equipment, structural components and intervening fire barriers. A minimum water application rate of at least 0.50 gpm/ft<SU>2</SU>is recommended. If fixed high capacity water monitors are used as an alternative measure, use of at least two dual purpose fixed monitors, each with a minimum flow rate and pressure of 500 gpm at 100 psi should be considered. The monitors should be arranged for remote operation, or local manual operation from a protected location not likely to be cut off during a fire.</P>
        <HD SOURCE="HD2">(b) Carrying Capacity of Lifeboats (Safety Recommendation 3C)</HD>
        <P>The Report recommended that the Commandant work to amend the International Maritime Organization (IMO) Life-Saving Appliance Code (LSA Code) and its associated testing recommendations to ensure the adequacy of lifesaving appliance standards. In particular, the minimum average occupant weight of 165 or 181.5 lbs presently used to determine the carrying capacity of lifeboats is not considered representative of the weight of average offshore workers on the U.S. OCS, and thus lifeboat embarkation and evacuation could be hampered in an emergency due to occupant size.</P>
        <P>We believe the existing requirements in the LSA Code, and associated Coast Guard type approval standards, are adequate for most shipboard applications subject to IMO requirements. Nevertheless, they are minimums. The number of requests the Coast Guard has received from offshore operators for approval of lifeboats designed to accommodate offshore workers larger than the average population is consistent with the Report's conclusion that current lifeboat design and testing requirements are not adequate for the physical build of the average offshore worker today. The Coast Guard is therefore considering proposing requirements for higher average occupant weight and size standards specifically for lifeboats used on MODUs and offshore facilities.</P>
        <P>We recommend that operators of MODUs and manned offshore facilities should consider specifying any new or replacement lifeboats on the basis of an occupant average weight of at least 95 kg (210 lbs) per person (versus the current standard of 82.5 kg (181.5 lbs)), with a minimum seat width of 530 mm (21 inches) (versus the current standard of 430 mm (17 inches)). A number of Coast Guard approved SOLAS lifeboats have already been approved to this standard by request of the customer(s), and are currently available for use on OCS facilities.</P>
        <HD SOURCE="HD2">(c) Training in the Deployment of Davit-Launched Liferafts (Safety Recommendation 3D)</HD>
        <P>The Report recommended that the Commandant clarify 46 CFR 109.213(g)(5), which requires that onboard training in the use of davit-launched liferafts must take place at intervals of not more than 4 months, and that “whenever practicable”, this must include the inflation and lowering of a liferaft. The regulations permit the inflation and lowering of a davit launched liferaft to be performed only “whenever practicable” because an operational raft would need to be taken out of service to perform the drill, and would remain out of service until inspected and repacked by an approved servicing facility ashore. It was anticipated that the requirement to deploy the rafts “whenever practicable” would encourage scheduling drills to coordinate with the required periodic servicing of the facility's liferafts, to avoid having them repeatedly sent for servicing. However, the current requirement to inflate and deploy a liferaft “whenever practicable” also potentially allows for indefinite deferral of this important training.</P>
        <P>To promote hands-on familiarity with davit-launched liferaft operations, the Coast Guard is considering proposing requirements for drills to include the inflation and lowering of a davit-launched liferaft at specified intervals.</P>
        <P>In the interim, we recommend that operators of MODUs and manned offshore facilities fitted with davit-launched liferafts should consider the carriage of a dedicated training liferaft (which need not be serviced at an authorized facility after it is used in drills) for the crew to practice the necessary steps for successful deployment, including inflation of the raft, connection to the launching appliance, lowering, and recovery of the liferaft.</P>
        <P>Alternatively, when the liferafts onboard the MODU or facility become due for required periodic servicing, the crew should be permitted to deploy them during drills, prior to being sent to a shoreside approved facility for servicing and repacking.</P>
        <HD SOURCE="HD2">(d) Carriage of Dedicated Rescue Boats (Safety Recommendation 3J)</HD>
        <P>The Report recommended that the Commandant work with IMO to amend the Code for the Construction and Equipment of Mobile Offshore Drilling Units (MODU Code) to prohibit the dual purpose acceptance of life boats as rescue boats on MODUs.</P>
        <P>The Coast Guard believes totally enclosed lifeboats are not well suited for use as rescue boats on MODUs and offshore facilities, and is considering changing the regulations that permit this practice. When a dual purpose life/rescue boat is fully loaded and being used as a survival craft, it is not available for use as a rescue boat, and vice versa. Rescue boats are primarily intended to marshal liferafts, and for man overboard situations. In order to carry out this mission, they are fitted with special launching and retrieval appliances that allow their recovery onboard in harsh weather and sea conditions. Dual purpose lifeboats do not have similar launching and retrieval capability, and on MODUs and offshore facilities, lifeboats can be difficult or impossible to safely recover in anything but the most benign conditions due to the large air gap and the lack of a ship's side to potentially provide a lee.</P>

        <P>Until new regulations are proposed, we recommend that operators of new MODUs and manned offshore facilities should provide a dedicated approved SOLAS rescue boat (USCG approval series 160.156 or equivalent) and dedicated approved launching<PRTPAGE P="70174"/>appliance instead of relying on a dual approved life/rescue boat to meet this requirement. Operators of existing MODUs or facilities that currently use a dual approved life/rescue boat to meet this requirement are urged to supplement their life saving capability with a dedicated approved SOLAS rescue boat and launching appliance.</P>
        <P>For MODUs or facilities with a large air gap, operators should consider the improved launching and recovery capabilities of an approved fast rescue boat with a dedicated fast rescue boat launching appliance (which is equipped with motion damping and a constant tensioning winch).</P>
        <HD SOURCE="HD2">(e) Quarterly Man Overboard Drills (Safety Recommendation 3M)</HD>
        <P>The Report recommended the Commandant amend 46 CFR 109.213 to require performance of a man overboard drill on at least a quarterly basis.</P>
        <P>We agree that 46 CFR 109.213, as well as the relevant OCS Activities regulations in 33 CFR Subchapter N, should include a quarterly man overboard drill, and are considering proposing regulation changes for this purpose.</P>
        <P>Until new requirements are proposed, the Coast Guard urges operators of all MODUs and manned offshore facilities on the U.S. OCS to consider performing a man overboard drill on at least a quarterly basis, including deployment of a rescue boat, where provided, to simulate the recovery of a person from the water.</P>
        <HD SOURCE="HD1">III. Authority</HD>

        <P>This document is issued under the authority of 5 U.S.C. 552(a), 43 U.S.C. 1331,<E T="03">et seq.,</E>and 33 CFR 1.05-1. The guidance contained in this notice is not a substitute for applicable legal requirements, nor is it itself a rule. It is not intended to nor does it impose legally binding requirements on any party. It represents the Coast Guard's current thinking on this topic and provides the public with an indication of future action being considered by the Coast Guard.</P>
        <SIG>
          <DATED>Dated: October 24, 2012.</DATED>
          <NAME>J.G. Lantz,</NAME>
          <TITLE>Director of Commercial Regulations and Standards, U.S. Coast Guard.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28487 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
        <SUBAGY>Coast Guard</SUBAGY>
        <DEPDOC>[Docket No. USCG-2012-0640]</DEPDOC>
        <SUBJECT>Waterway Suitability Assessment for Expansion of Liquefied Gas Terminals; Houston and Texas City, TX</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Coast Guard, DHS.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with Coast Guard regulations in 33 CFR 127.007, Oil Tanking North America has submitted a Letter of Intent and Waterway Suitability Assessment to the Coast Guard Captain of the Port, Sector Houston-Galveston regarding the company's proposed expansion of its Liquefied Hazardous Gas (LHG) facilities in Houston and Texas City, Texas, and increased LHG marine traffic in the associated waterway. The Coast Guard is notifying the public of this action to solicit public comments on the proposed increase in LHG marine traffic in Houston and Texas City, Texas.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments and related material must be received on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by docket number USCG-2012-0640 using any one of the following methods:</P>
          <P>(1)<E T="03">Federal eRulemaking Portal:</E>
            <E T="03">http://www.regulations.gov</E>.</P>
          <P>(2)<E T="03">Fax:</E>202-493-2251.</P>
          <P>(3)<E T="03">Mail or Delivery:</E>Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.</P>

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

          <P>If you have questions on this notice, call or email LCDR Xochitl Castaneda, U.S. Coast Guard; telephone 713-671-5164, email<E T="03">Xochitl.L.Castaneda@uscg.mil</E>. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <HD SOURCE="HD1">Public Participation and Request for Comments</HD>

        <P>We encourage you to submit comments and related material in response to this notice. All comments received will be posted without change to<E T="03">http://www.regulations.gov</E>and will include any personal information you have provided.</P>
        <HD SOURCE="HD2">Submitting Comments</HD>

        <P>If you submit a comment, please include the docket number for this notice (USCG-2012-0640), and provide a reason for each suggestion or recommendation. You may submit your comments and material online at<E T="03">http://www.regulations.gov</E>, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.</P>
        <P>To submit your comment online, go to<E T="03">http://www.regulations.gov,</E>type the docket number (USCG-2012-0640) in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this notice.</P>
        <P>If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8<FR>1/2</FR>by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period.</P>
        <HD SOURCE="HD2">Viewing Comments</HD>
        <P>To view comments, go to<E T="03">http://www.regulations.gov,</E>type the docket number (USCG-2012-0640) in the “SEARCH” box and click “SEARCH.” Click on “Open Docket Folder” on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.<PRTPAGE P="70175"/>
        </P>
        <HD SOURCE="HD2">Privacy Act</HD>

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

        <P>We do not now plan to hold a public meeting, but you may submit a request for one, using one of the methods specified under<E T="02">ADDRESSES</E>. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the<E T="04">Federal Register</E>.</P>
        <HD SOURCE="HD1">Basis and Purpose</HD>
        <P>Under 33 CFR 127.007(a), an owner or operator planning new construction to expand or modify marine terminal operations in an existing facility handling Liquefied Natural Gas (LNG) or Liquefied Hazardous Gas (LHG), where the construction, expansion, or modification would result in an increase in the size and/or frequency of LNG or LHG marine traffic on the waterway associated with the facility, must submit a Letter of Intent (LOI) to the COTP of the zone in which the facility is located. Under 33 CFR 127.007(e), an owner or operator planning such an expansion must also file or update a Waterway Suitability Assessment (WSA) that addresses the proposed increase in LNG or LHG marine traffic in the associated waterway. Oil Tanking North America submitted an LOI on May 12, 2011 and a WSA on April 24, 2012 regarding the company's proposed expansion of its LHG facilities in Houston and Texas City, Texas.</P>
        <P>Under 33 CFR 127.009, after receiving an LOI, the COTP issues a Letter of Recommendation (LOR) as to the suitability of the waterway for LNG or LHG marine traffic to the appropriate jurisdictional authorities. The LOR is based on a series of factors outlined in 33 CFR 127.009 that relate to the physical nature of the affected waterway and issues of safety and security associated with LNG or LHG marine traffic on the affected waterway.</P>
        <P>The purpose of this notice is to solicit public comments on the proposed increase in LHG marine traffic in Houston and Texas City, Texas. The Coast Guard believes that input from the public may be useful to the COTP with respect to development of the LOR. Additionally, the Coast Guard tasked the Area Maritime Security Committee, Houston-Galveston, Texas, with forming a subcommittee comprised of affected port users and stakeholders, including appropriate members of the Harbor Safety Committee. The goal of the subcommittee will be to gather information to help the COTP assess the suitability of the associated waterway for increased LHG marine traffic as it relates to navigational safety and security.</P>

        <P>On January 24, 2011, the Coast Guard published Navigation and Vessel Inspection Circular (NVIC) 01-2011, “Guidance Related to Waterfront Liquefied Natural Gas (LNG) Facilities.” NVIC 01-2011 provides guidance for owners and operators seeking approval to build and operate LNG facilities. While NVIC 01-2011 is specific to LNG, it provides useful process information and guidance for owners and operators seeking approval to build and operate LHG facilities as well. The Coast Guard will refer to NVIC 01-2011 for process information and guidance in evaluating Oil Tanking North America's WSA. A copy of NVIC 01-2011 is available for viewing in the public docket for this notice and also on the Coast Guard's Web site at<E T="03">http://www.uscg.mil/hq/cg5/nvic/2010s.asp.</E>
        </P>
        <P>This notice is issued under the authority of 33 U.S.C. 1223-1225, Department of Homeland Security Delegation Number 0170.1(70), 33 CFR 127.009, and 33 CFR 103.205.</P>
        <SIG>
          <DATED>Dated: October 19, 2012.</DATED>
          <NAME>J.H. Whitehead,</NAME>
          <TITLE>Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston, Texas.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28498 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 9110-04-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-83]</DEPDOC>
        <SUBJECT>Notice of Submission of Proposed Information Collection to OMB; Public Housing Mortgage Program and Section 30</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>Section 516 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA) (Pub. L. 105-276, October 21, 1998) added Section 30, Public Housing Mortgages and Security Interest, to the United States Housing Act of 1937 (1937 Act) (42 U.S.C. 1437z-2). Section 30 authorizes the Secretary of the Department of Housing and Urban Development (HUD) to approve a Housing Authority's (HA) request to mortgage public housing real property or grant a security interest in other tangible forms of personal property if the proceeds of the loan resulting from the mortgage or security interest are used for low-income housing uses. Public Housing Agencies (PHAs) must provide information to HUD for approval to allow PHAs to grant a mortgage in public housing real estate or a security interest in some tangible form of personal property owned by the PHA for the purposes of securing loans or other financing for modernization or development of low-income housing. The title of the information collection has been changed to be more clearly descriptive of the range of transactions that would be reviewed under this collection for compliance with Section 30. There are several circumstances other than a mixed finance transaction that would potentially trigger this collection. For example, most recently Energy Performance Contract (EPC) transactions that provide for a security interest in energy improvements have been reviewed for approval under Section 30.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2577-0265) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov</E>fax: 202-395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard., Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov.</E>or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the<PRTPAGE P="70176"/>Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposed:</E>Public Housing Mortgage Program and Section 30.</P>
        <P>
          <E T="03">OMB Approval Number:</E>2577-0265.</P>
        <P>
          <E T="03">Form Numbers:</E>None.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>Section 516 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA) (Pub. L. 105-276, October 21, 1998) added Section 30, Public Housing Mortgages and Security Interest, to the United States Housing Act of 1937 (1937 Act) (42 U.S.C. 1437z-2). Section 30 authorizes the Secretary of the Department of Housing and Urban Development (HUD) to approve a Housing Authority's (HA) request to mortgage public housing real property or grant a security interest in other tangible forms of personal property if the proceeds of the loan resulting from the mortgage or security interest are used for low-income housing uses. Public Housing Agencies (PHAs) must provide information to HUD for approval to allow PHAs to grant a mortgage in public housing real estate or a security interest in some tangible form of personal property owned by the PHA for the purposes of securing loans or other financing for modernization or development of low-income housing. The title of the information collection has been changed to be more clearly descriptive of the range of transactions that would be reviewed under this collection for compliance with Section 30. There are several circumstances other than a mixed finance transaction that would potentially trigger this collection. For example, most recently Energy Performance Contract (EPC) transactions that provide for a security interest in energy improvements have been reviewed for approval under Section 30.</P>
        <GPOTABLE CDEF="s50,12C,12C,12C,12C,12C" COLS="6" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden<LI>hours</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>30</ENT>
            <ENT>3</ENT>
            <ENT/>
            <ENT>41.777</ENT>
            <ENT>3,760</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>3,760.</P>
        <P>
          <E T="03">Status:</E>Revision of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28364 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-86]</DEPDOC>
        <SUBJECT>Previous Participation Certification</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>This information is necessary to ensure that responsible individuals and organizations participate in HUD's multifamily housing programs. The information will be used to evaluate participants' previous participation in government programs and ensure that the past record is acceptable prior to granting approval to participate in HUD's multifamily housing programs. The collection of this information is designed to be 100 percent automated and digital submission of all data and certifications is available via HUD's secure Internet systems. However HUD will provide for both electronic and paper submissions until it publishes revised regulations.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0118) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov</E>fax: 202-395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard., Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov.</E>or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposed:</E>Previous Participation Certification.</P>
        <P>
          <E T="03">OMB Approval Number:</E>2502-0118.</P>
        <P>
          <E T="03">Form Numbers:</E>HUD-2530 .</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This<PRTPAGE P="70177"/>information is necessary to ensure that responsible individuals and organizations participate in HUD's multifamily housing programs. The information will be used to evaluate participants' previous participation in government programs and ensure that the past record is acceptable prior to granting approval to participate in HUD's multifamily housing programs. The collection of this information is designed to be 100 percent automated and digital submission of all data and certifications is available via HUD's secure Internet systems. However HUD will provide for both electronic and paper submissions until it publishes revised regulations.</P>
        <GPOTABLE CDEF="s50,12C,12C,2C,12C,2C,12C" COLS="7" OPTS="L2,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">=</CHED>
            <CHED H="1">Burden<LI>hours</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>10,000</ENT>
            <ENT>1</ENT>
            <ENT/>
            <ENT>0.75</ENT>
            <ENT/>
            <ENT>7,500</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>7,500.</P>
        <P>
          <E T="03">Status:</E>Revision of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28375 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-85]</DEPDOC>
        <SUBJECT>Multifamily Housing Mortgage and Housing Assistance Restructuring Program (Mark to Market)</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>The Mark to Market Program is authorized under the Multifamily Assisted Housing Reform and Affordability Act of 1997 as extended by the Market to Market Extension Act of 2001. The information collection is required and will be used to determine the eligibility of FHA insured multifamily properties for participation in the Mark to Market program and the terms on which such participation should occur as well as to process eligible properties from acceptance into the program through closing of the mortgage restructure in accordance with program guidelines. The result of participation in the program is the refinancing and restructure of the property's FHA insured mortgage and, generally the reduction of Section 8 rent payments and establishment of adequately funded accounts to fund required repair and rehabilitation of the property. Agency form numbers, if applicable: Operating Procedures Guide (OPG) Forms: Accommodation Agreement—Debt Assgn—TPA Post Restr (Form/Apdx C), Accommodation Agreement—Debt Forgiveness—TPA Post Restr (Form/Apdx C), Agreement of Assignment of Debt to QNP (Form/ApdxC), Allonge—Debt Assignment From QNP (Form/Apdx C), Allonge—Debt Assignment to QNP (Form/Apdx C), Assignment of Debt from QNP (Form/Apdx C), Assumption &amp; Modification of Use Agmt (Assignment) (Form/Apdx C), Assumption and Modification of Use Agreement—Forgiveness (Form/Apdx C), OPG 11.1, OPG 3.1, OPG 3.2, OPG 3.3, OPG 3.4, OPG 4.10, OPG 4.11, OPG 4.12, OPG 4.2, OPG 4.3, OPG 4.4, OPG 4.7, OPG 4.8, OPG 5.4, OPG 5.5, OPG 7.11, OPG 7.12, OPG 7.13, OPG 7.14, OPG 7.21, OPG 7.22, OPG 7.23, OPG 7.25, OPG 7.4, OPG 7.8.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0533) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov</E>fax: 202-395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard., Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov.</E>or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposed:</E>Multifamily Housing Mortgage and Housing Assistance Restructuring Program (Mark to Market).</P>
        <P>
          <E T="03">OMB Approval Number:</E>2502-0533.</P>
        <P>
          <E T="03">Form Numbers:</E>HUD 9625, HUD 9624.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>The Mark to Market Program is authorized under the Multifamily Assisted Housing Reform and Affordability Act of 1997 as extended by the Market to Market Extension Act of 2001. The information collection is required and will be used to determine the eligibility of FHA insured multifamily properties for participation in the Mark to Market program and the terms on which such participation should occur as well as to process eligible properties from acceptance into the program through closing of the mortgage restructure in accordance with program guidelines. The result of participation in the program is the refinancing and restructure of the property's FHA<PRTPAGE P="70178"/>insured mortgage and, generally the reduction of Section 8 rent payments and establishment of adequately funded accounts to fund required repair and rehabilitation of the property. Agency form numbers, if applicable: Operating Procedures Guide (OPG) Forms: Accommodation Agreement—Debt Assgn—TPA Post Restr (Form/Apdx C), Accommodation Agreement—Debt Forgiveness—TPA Post Restr (Form/Apdx C), Agreement of Assignment of Debt to QNP (Form/ApdxC), Allonge—Debt Assignment From QNP (Form/Apdx C), Allonge—Debt Assignment to QNP (Form/Apdx C), Assignment of Debt from QNP (Form/Apdx C), Assumption &amp; Modification of Use Agmt (Assignment) (Form/Apdx C), Assumption and Modification of Use Agreement—Forgiveness (Form/Apdx C), OPG 11.1, OPG 3.1, OPG 3.2, OPG 3.3, OPG 3.4, OPG 4.10, OPG 4.11, OPG 4.12, OPG 4.2, OPG 4.3, OPG 4.4, OPG 4.7, OPG 4.8, OPG 5.4, OPG 5.5, OPG 7.11, OPG 7.12, OPG 7.13, OPG 7.14, OPG 7.21, OPG 7.22, OPG 7.23, OPG 7.25, OPG 7.4, OPG 7.8.</P>
        <GPOTABLE CDEF="s50,12C,12C,2C,12C,12C" COLS="6" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden<LI>hours</LI>
            </CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>1,658</ENT>
            <ENT>1</ENT>
            <ENT/>
            <ENT>1.454</ENT>
            <ENT>2,412</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>2,412.</P>
        <P>
          <E T="03">Status:</E>Extension without change a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28372 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-84]</DEPDOC>
        <SUBJECT>Application for the Transfer of Physical Assets</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>This information will be used to ensure that HUD multifamily housing properties are not placed in physical, financial, or managerial jeopardy during a transfer of physical assets.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0275) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov</E>fax: 202-395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov</E>. or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposed:</E>Application for the Transfer of Physical Assets.</P>
        <P>
          <E T="03">OMB Approval Number:</E>2502-0275.</P>
        <P>
          <E T="03">Form Numbers:</E>HUD-92266.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>This information will be used to ensure that HUD multifamily housing properties are not placed in physical, financial, or managerial jeopardy during a transfer of physical assets.</P>
        <GPOTABLE CDEF="s50,12C,12C,2C,12C,12C" COLS="6" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>14,445</ENT>
            <ENT>1</ENT>
            <ENT/>
            <ENT>1.691</ENT>
            <ENT>24,437</ENT>
          </ROW>
        </GPOTABLE>
        <PRTPAGE P="70179"/>
        <P>
          <E T="03">Total estimated burden hours:</E>24,437.</P>
        <P>
          <E T="03">Status:</E>Extension without change a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated:<E T="03">November 16, 2012</E>.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer,Office of the Chief Information Officer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28366 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5603-N-87]</DEPDOC>
        <SUBJECT>Requirements for Lead-Based Paint Hazards in Federally Owned Residential Properties and Housing Receiving Federal Assistance</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Chief Information Officer, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
          <P>Requirements for notification of leadbased paint hazard in federally-owned residential properties and housing receiving Federal assistance, as codified in 24 CFR part 35.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comments Due Date:</E>December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2539-0009) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email:<E T="03">OIRA_Submission@omb.eop.gov</E>fax: 202-395-5806.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at<E T="03">Colette.Pollard@hud.gov</E>. or telephone (202) 402-3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
        <P>This notice also lists the following information:</P>
        <P>
          <E T="03">Title of Proposed:</E>Requirements for Lead-Based Paint Hazards in Federally Owned ResidentialProperties and Housing Receiving Federal Assistance.</P>
        <P>
          <E T="03">OMB Approval Number:</E>2539-0009.</P>
        <P>
          <E T="03">Form Numbers:</E>None.</P>
        <P>
          <E T="03">Description of the need for the information and proposed use:</E>Requirements for notification of leadbased paint hazard in federally-owned residential properties and housing receiving Federal assistance, as codified in 24 CFR 35.</P>
        <GPOTABLE CDEF="s50,12C,12C,2C,12C,12C" COLS="6" OPTS="L1,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Number of<LI>respondents</LI>
            </CHED>
            <CHED H="1">Annual<LI>responses</LI>
            </CHED>
            <CHED H="1">×</CHED>
            <CHED H="1">Hours per<LI>response</LI>
            </CHED>
            <CHED H="1">Burden hours</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Reporting Burden</ENT>
            <ENT>63,637</ENT>
            <ENT>23.164</ENT>
            <ENT>×</ENT>
            <ENT>0.1137</ENT>
            <ENT>167,744</ENT>
          </ROW>
        </GPOTABLE>
        <P>
          <E T="03">Total estimated burden hours:</E>167,744.</P>
        <P>
          <E T="03">Status:</E>Revision of a currently approved collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended.</P>
        </AUTH>
        <SIG>
          <DATED>Dated<E T="03">:</E>November 16, 2012.</DATED>
          <NAME>Colette Pollard,</NAME>
          <TITLE>Department Reports Management Officer, Office of the Chief InformationOfficer.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28376 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
        <DEPDOC>[Docket No. FR-5601-N-46]</DEPDOC>
        <SUBJECT>Federal Property Suitable as Facilities To Assist the Homeless</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Community Planning and Development, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7262, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>In accordance with the December 12, 1988 court order in<E T="03">National Coalition for the Homeless</E>v.<E T="03">Veterans Administration,</E>No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.</P>
        <SIG>
          <DATED>Dated: November 15, 2012.</DATED>
          <NAME>Ann Marie Oliva,</NAME>
          <TITLE>Deputy Assistant Secretary for Special Needs (Acting) .</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28194 Filed 11-21-12; 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-5674-N-01]</DEPDOC>
        <SUBJECT>Notice of HUD-Held Multifamily and Healthcare Loan Sale</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.</P>
        </AGY>
        <ACT>
          <PRTPAGE P="70180"/>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of sale of mortgage loans.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2013-1). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Bidder's Information Package (BIP) was made available to qualified bidders on or about November 14, 2012. Bids for the loans must be submitted on the bid date of December 12, 2012. HUD anticipates that awards will be made on or before December 13, 2012. Closings are expected to take place between December 18 and December 21, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>To become a qualified bidder and receive the BIP, prospective bidders must complete, execute, and submit a Confidentiality Agreement and a Qualification Statement acceptable to HUD. Both documents will be available on the HUD Web site at<E T="03">www.hud.gov/fhaloansales.</E>Please mail and fax executed documents to KEMA Advisors: KEMA Advisors, c/o The Debt Exchange, 133 Federal Street, 10th Floor, Boston, MA 02111, Attention: MLS 2013-1 Sale Coordinator, Fax: 1-978-967-8607.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>John Lucey, Deputy Director, Asset Sales Office, Room 3136, U.S. Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-8000; telephone 202-708-2625, extension 3927. Hearing- or speech-impaired individuals may call 202-708-4594 (TTY). These are not toll-free numbers.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>HUD announces its intention to sell in MHLS 2013-1 certain unsubsidized mortgage loans (Mortgage Loans) secured by multifamily and healthcare properties located throughout the United States. The Mortgage Loans are comprised of non-performing mortgage loans. A final listing of the Mortgage Loans will be included in the BIP. The Mortgage Loans will be sold without FHA insurance and with servicing released. HUD will offer qualified bidders an opportunity to bid competitively on the Mortgage Loans.</P>
        <P>The Mortgage Loans may be stratified for bidding purposes into several mortgage loan pools. Each pool may contain Mortgage Loans that generally have similar performance, property type, geographic location, lien position and other characteristics. Qualified bidders may submit bids on one or more pools of Mortgage Loans or may bid on individual loans. A mortgagor who is a qualified bidder may submit an individual bid on its own Mortgage Loan. Interested Mortgagors should review the Qualification Statement to determine whether they may also be eligible to qualify to submit bids on one or more pools of Mortgage Loans or on individual loans in MHLS 2013-1.</P>
        <HD SOURCE="HD1">The Bidding Process</HD>
        <P>The BIP will describe in detail the procedure for bidding in MHLS 2013-1. The BIP will also include a standardized non-negotiable loan sale agreement (Loan Sale Agreement).</P>
        <P>As part of its bid, each bidder must submit a deposit equal to the greater of $100,000 or 10% of the bid price. In the event that the bidder's aggregate bid is less than $100,000, the minimum deposit shall be not less than fifty percent (50%) of the bidder's aggregate bid. HUD will evaluate the bids submitted and determine the successful bids in its sole and absolute discretion. If a bidder is successful, the bidder's deposit will be non-refundable and will be applied toward the purchase price. Deposits will be returned to unsuccessful bidders. Closings are expected to take place between December 18 and December 21, 2012.</P>
        <P>These are the essential terms of sale. The Loan Sale Agreement, which will be included in the BIP, will contain additional terms and details. To ensure a competitive bidding process, the terms of the bidding process and the Loan Sale Agreement are not subject to negotiation.</P>
        <HD SOURCE="HD1">Due Diligence Review</HD>
        <P>The BIP will describe the due diligence process for reviewing loan files in MHLS 2013-1. Qualified bidders will be able to access loan information remotely via a high-speed Internet connection. Further information on performing due diligence review of the Mortgage Loans will be provided in the BIP.</P>
        <HD SOURCE="HD1">Mortgage Loan Sale Policy</HD>
        <P>HUD reserves the right to add Mortgage Loans to or delete Mortgage Loans from MHLS 2013-1 at any time prior to the Award Date. HUD also reserves the right to reject any and all bids, in whole or in part, without prejudice to HUD's right to include any Mortgage Loans in a later sale. Mortgage Loans will not be withdrawn after the Award Date except as is specifically provided in the Loan Sale Agreement.</P>
        <P>This is a sale of unsubsidized mortgage loans, pursuant to Section 204(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1997, 12 U.S.C. 1715z-11a(a).</P>
        <HD SOURCE="HD1">Mortgage Loan Sale Procedure</HD>
        <P>HUD selected a competitive sale as the method to sell the Mortgage Loans. This method of sale optimizes HUD's return on the sale of these Mortgage Loans, affords the greatest opportunity for all qualified bidders to bid on the Mortgage Loans, and provides the quickest and most efficient vehicle for HUD to dispose of the Mortgage Loans.</P>
        <HD SOURCE="HD1">Bidder Eligibility</HD>
        <P>In order to bid in the sale, a prospective bidder must complete, execute and submit both a Confidentiality Agreement and a Qualification Statement acceptable to HUD. The following individuals and entities are ineligible to bid on any of the Mortgage Loans included in MHLS 2013-1:</P>
        <P>1. Any employee of HUD, a member of such employee's household, or an entity owned or controlled by any such employee or member of such an employee's household;</P>
        <P>2. Any individual or entity that is debarred, suspended, or excluded from doing business with HUD pursuant to Title 24 of the Code of Federal Regulations, Part 24, and Title 2 of the Code of Federal Regulations, Part 24;</P>
        <P>3. Any contractor, subcontractor and/or consultant or advisor (including any agent, employee, partner, director, principal or affiliate of any of the foregoing) who performed services for, or on behalf of, HUD in connection with MHLS 2013-1;</P>
        <P>4. Any individual who was a principal, partner, director, agent or employee of any entity or individual described in subparagraph 3 above, at any time during which the entity or individual performed services for or on behalf of HUD in connection with MHLS 2013-1;</P>
        <P>5. Any individual or entity that uses the services, directly or indirectly, of any person or entity ineligible under subparagraphs 1 through 4 above to assist in preparing any of its bids on the Mortgage Loans;</P>
        <P>6. Any individual or entity which employs or uses the services of an employee of HUD (other than in such employee's official capacity) who is involved in MHLS 2013-1;</P>

        <P>7. Any affiliate, principal or employee of any person or entity that, within the two-year period prior to November 1, 2012, serviced any of the Mortgage<PRTPAGE P="70181"/>Loans or performed other services for or on behalf of HUD;</P>
        <P>8. Any contractor or subcontractor to HUD that otherwise had access to information concerning the Mortgage Loans on behalf of HUD or provided services to any person or entity which, within the two-year period prior to November 1, 2012, had access to information with respect to the Mortgage Loans on behalf of HUD;</P>
        <P>9. Any employee, officer, director or any other person that provides or will provide services to the potential bidder with respect to such Mortgage Loans during any warranty period established for the Loan Sale, that serviced any of the Mortgage Loans or performed other services for or on behalf of HUD or within the two-year period prior to November 1, 2012, provided services to any person or entity which serviced, performed services or otherwise had access to information with respect to the Mortgage Loans for or on behalf of HUD;</P>
        <P>10. Any mortgagor or operator that failed to submit to HUD on or before October 31, 2012, audited financial statements for fiscal years 2008 through 2011 (for such time as the project has been in operation or the prospective bidder served as operator, if less than three (3) years) for a project securing a Mortgage Loan;</P>
        <P>11. Any individual or entity and any Related Party (as such term is defined in the Qualification Statement) of such individual or entity that is a mortgagor in any of HUD's multifamily and or healthcare housing programs and that is in default under such mortgage loan or is in violation of any regulatory or business agreements with HUD, unless such default or violation was cured on or before October 31, 2012;</P>
        <P>Prospective bidders should carefully review the Qualification Statement to determine whether they are eligible to submit bids on the Mortgage Loans in MHLS 2013-1.</P>
        <HD SOURCE="HD1">Freedom of Information Act Requests</HD>
        <P>HUD reserves the right, in its sole and absolute discretion, to disclose information regarding MHLS 2013-1, including, but not limited to, the identity of any successful bidder and its bid price or bid percentage for any pool of loans or individual loan, upon the closing of the sale of all the Mortgage Loans. Even if HUD elects not to publicly disclose any information relating to MHLS 2013-1, HUD will have the right to disclose any information that HUD is obligated to disclose pursuant to the Freedom of Information Act and all regulations promulgated there under.</P>
        <HD SOURCE="HD1">Scope of Notice</HD>
        <P>This notice applies to MHLS 2013-1 and does not establish HUD's policy for the sale of other mortgage loans.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Laura M. Marin,</NAME>
          <TITLE>Acting General Deputy Assistant Secretary for Housing-Federal Housing Commissioner.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28502 Filed 11-21-12; 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-5597-N-02]</DEPDOC>
        <SUBJECT>Request for Information on Adopting Smoke-Free Policies in Public Housing Agencies (PHAs) and Multifamily Housing: Reopening of Public Comment Period</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of the General Counsel, HUD.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Request for Information, Reopening of public comments period.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>On October 4, 2012, HUD published a request for information in the<E T="04">Federal Register</E>inviting public comment on how HUD can best continue to support the implementation of smoke-free policies for both public housing and multifamily housing. HUD was seeking information from the general public and stakeholders, including resident councils, advocacy groups, and housing providers directly impacted by or involved with the implementation of smoke-free policies and methods for supporting residents and housing providers in transitioning to smoke-free housing. The comment period for HUD's request for information closed November 5, 2012. In response to recent requests for additional time to submit public comments, HUD is announcing through this notice that it is reopening the public comment period for an additional 60-day period.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Comment Due Date:</E>Comments on the October 4, 2012, request for information are requested on or before January 22, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Interested persons are invited to submit comments responsive to this request for information to the Office of General Counsel, Regulations Division, Department of Housing and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 20410-0001. Communications must refer to the above docket number and title and should contain the information specified in the “Request for Comments” of this notice.</P>
          <P>
            <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 interested members of the public. Commenters should follow instructions provided on that site to submit comments electronically.</P>
          <P>
            <E T="03">Submission of Hard Copy Comments.</E>Comments may be submitted by mail or hand delivery. To ensure that the information is fully considered by all of the reviewers, each commenter submitting hard copy comments, by mail or hand delivery, should submit comments or requests to the address above, addressed to the attention of the Regulations Division. Due to security measures at all federal agencies, submission of comments or requests by mail often result in delayed delivery. To ensure timely receipt of comments, HUD recommends that any comments submitted by mail be submitted at least 2 weeks in advance of the public comment deadline. All hard copy comments received by mail or hand delivery are a part of the public record and will be posted to<E T="03">http://www.regulations.gov</E>without change.</P>
          <P>
            <E T="03">No Facsimile Comments.</E>Facsimile (FAX) comments are not acceptable.</P>
          <P>
            <E T="03">Public Inspection of Comments.</E>All comments submitted to HUD regarding this notice will be available, without charge, 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 documents must be scheduled by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Copies of all comments submitted will also be available for inspection and downloading at<E T="03">http://www.regulations.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Shauna Sorrells, Director, Public Housing Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 4232, Washington, DC, 20410-4000, telephone number 202-402-2769 (this is not a toll-free number) or Catherine Brennan, Director, Office of<PRTPAGE P="70182"/>Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6134, Washington, DC, 20410-4000, telephone number 202-708-3000 (this is not a toll-free number). Persons with hearing- or speech-impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>On October 4, 2012 (77 FR 60712), HUD published a notice in the<E T="04">Federal Register</E>requesting information from the general public, PHAs, owners and management agents, public housing residents, multifamily housing residents and other stakeholders to help inform HUD on how it might best support housing providers and residents in implementing smoke-free policies for both public housing and multifamily housing. In the October 4, 2012 notice, HUD provided a list of topics for which HUD is seeking information and established a comment due date of November 5, 2012. In response to recent requests for additional time to submit public comments, HUD is announcing through this notice that it is reopening the public comment period for an additional 60-day period. Interested persons should refer to the October 4, 2012 notice for the list of topics to which HUD is seeking information.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          <NAME>Aaron Santa Anna,</NAME>
          <TITLE>Assistant General Counsel, Regulations Division, Office of General Counsel.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28519 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4210-67-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>United States Geological Survey</SUBAGY>
        <DEPDOC>[GX13EN05ESB0500]</DEPDOC>
        <SUBJECT>Reopening of Nomination Period for Members of the Advisory Committee on Climate Change and Natural Resource Science</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Geological Survey, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The U.S. Department of the Interior published a notice announcing the establishment of the Advisory Committee on Climate Change and Natural Resource Science (Committee), and inviting nominations for membership on the Committee. The closing date for nominations was November 19, 2012. This<E T="04">Federal Register</E>Notice reopens the nomination and comment period for 30 days. If you have already submitted information to be considered for appointment to the Committee you do not have to resubmit it.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Written nominations must be received by December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Send nominations to: Robin O'Malley, Policy and Partnership Coordinator, National Climate Change and Wildlife Science Center, U.S. Geological Survey, 12201 Sunrise Valley Drive, Mail Stop 400, Reston, VA 20192,<E T="03">romalley@usgs.gov.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Robin O'Malley, Policy and Partnership Coordinator, National Climate Change and Wildlife Science Center, U.S. Geological Survey, 12201 Sunrise Valley Drive, Mail Stop 400, Reston, VA 20192,<E T="03">romalley@usgs.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On October 4, 2012, the U.S. Department of the Interior (DOI) published a notice announcing the establishment of the Advisory Committee on Climate Change and Natural Resource Science (Committee), and inviting nominations for membership on the committee. The Committee will provide advice on matters and actions relating to the establishment and operations of the U.S. Geological Survey National Climate Change and Wildlife Science Center and the DOI Climate Science Centers. In doing so, the Committee will obtain input from Federal, state, tribal, local government, nongovernmental organizations, private sector entities, and academic institutions.</P>
        <P>The Department has determined that additional time is required to enable members to be nominated for the committee.</P>
        <P>We are seeking nominations for individuals to be considered as Committee members. Nominations should include a resume that describes the nominee's qualifications in enough detail to enable us to make an informed decision regarding meeting the membership requirements of the Committee and to contact a potential member.</P>
        <P>Members of the Committee will be composed of approximately 25 members from both the Federal Government, and the following interests: (1) State and local governments, including state membership entities; (2) Non-governmental organizations, including those whose primary mission is professional and scientific and those whose primary mission is conservation and related scientific and advocacy activities; (3) American Indian tribes and other Native American entities; (4) Academia; (5) Individual landowners; and (6) Business interests.</P>
        <P>In addition, the Committee may include scientific experts, and will include rotating representation from one or more of the institutions that host the DOI Climate Science Centers.</P>
        <P>The Committee will meet approximately 2-4 times annually, and at such times as designated by the DFO. The Secretary of the Interior will appoint members to the Committee. Members appointed as special Government employees are required to file on an annual basis a confidential financial disclosure report.</P>
        <P>No individual who is currently registered as a Federal lobbyist is eligible to serve as a member of the Committee.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Marcia McNutt,</NAME>
          <TITLE>Director, USGS.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28414 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4311-MP-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>Bureau of Land Management</SUBAGY>
        <DEPDOC>[LLCAD09000, L51010000.LVRWB09B2380.FX0000]Notice of Availability of a Draft Environmental Impact Statement/Environmental</DEPDOC>
        <SUBJECT>Impact Report for the Proposed Stateline Solar Farm, San Bernardino County, CA and Draft California Desert Conservation Area Land Use Plan Amendments</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Bureau of Land Management, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of availability.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) has prepared a Draft California Desert Conservation Area (CDCA) Plan Amendment and a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Stateline Solar Farm Project (Stateline) and by this notice is announcing the opening of the comment period.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>

          <P>To ensure that comments will be considered, the BLM must receive written comments on the Draft Plan Amendment and Draft EIS/EIR within 90 days following the date the Environmental Protection Agency publishes its Notice of Availability in the<E T="04">Federal Register</E>. The BLM will announce future meetings or hearings and any other public involvement<PRTPAGE P="70183"/>activities at least 15 days in advance through public notices, media releases, and/or mailings.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments related to the Stateline Draft Plan Amendment and Draft EIS/EIR by any of the following methods:</P>
          <P>•<E T="03">Web site:</E>
            <E T="03">http://www.blm.gov/ca/st/en/fo/cdd.html</E>.</P>
          <P>•<E T="03">Email:</E>
            <E T="03">statelinesolar@blm.gov</E>.</P>
          <P>•<E T="03">Fax:</E>951-697-5299.</P>
          <P>•<E T="03">Mail:</E>ATTN: Jeffery Childers, Project Manager, BLM California Desert District Office, 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553-9046</P>

          <P>Copies of the Stateline Draft Plan Amendment and Draft EIS/EIR are available for public inspection at BLM California Desert District Office at the above address; or on the Internet at<E T="03">http://www.blm.gov/ca/st/en/fo/cdd.html.</E>
          </P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Jeffery Childers, Project Manager; telephone 951-697-5308; address BLM California Desert District Office, 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553-9046; email<E T="03">jchilders@blm.gov</E>. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>First Solar Development, Inc. (First Solar) has requested a right-of-way (ROW) authorization to construct, operate, maintain and decommission the 300-megawatt (MW) Stateline Project from the BLM and a separate well permit from the County of San Bernardino. The BLM is responding to the ROW application as required by FLPMA. The proposed project located on BLM-administered lands would include access roads, a photovoltaic arrays, an electrical substation, a meteorological station, a monitoring and maintenance facility, water wells, and a 2.3-mile generation tie-line on up to 2,143 acres. The project location is in San Bernardino County approximately 2 miles south of the Nevada-California border and 0.5 miles west of Interstate 15.</P>
        <P>The BLM's purpose and need for the Stateline EIS/EIR is to respond to First Solar's application for a ROW grant to construct, operate, maintain, and decommission a photovoltaic solar energy facility on public lands in compliance with FLPMA, BLM ROW regulations, and other applicable Federal laws. The BLM will decide whether to grant, grant with modification, or deny a ROW to First Solar. In connection with its consideration of the Stateline ROW application, the BLM is proposing to amend the CDCA Plan by designating the project area as either suitable or unsuitable for solar energy development. The CDCA Plan (1980, as amended), recognized the potential compatibility of solar energy generation facilities with other uses on public lands; however, it requires that all sites proposed for power generation or transmission not already identified in the plan be considered through the plan amendment process. While connected, the decision to amend the CDCA plan is separate from the decision to approve the ROW application. As part of its consideration of project impacts, the BLM may also amend the CDCA Plan to address cumulative impacts of this and other developments in the Ivanpah Valley watershed. Specifically, the BLM will consider whether to expand the boundaries of the Ivanpah Desert Wildlife Management Area (DWMA).</P>
        <P>The Draft Plan Amendment and Draft EIS/EIR analyze four project development alternatives, including the proposed action, which is analyzed as Alternative 1: 300 MWs of development on 2,143 acres. The other alternatives include—Alternative 2: 300 MWs of development on 2,385 acres; Alternative 3: 300 MWs of development on 2,151 acres; and Alternative 4: 232 MWs of development on 1,766 acres. In addition to project-related impacts, all project development alternatives analyze potential expansion of the current boundaries of the Ivanpah DWMA. The management prescriptions for the Ivanpah DWMA are defined in Appendix A, Section A.2, of the Northern and Eastern Mojave Desert Management Plan Amendment to the California Desert Conservation Area Plan (July 2002). If the DWMA is expanded, these management prescriptions will be applied to the expansion.</P>
        <P>The Draft Plan Amendment and Draft EIS/EIR also analyze three No Project alternatives—Alternative 5: No Action; Alternative 6: No Project and amendment of the CDCA Plan to find the Project area unsuitable for solar development; and Alternative 7: No Project and amendment of the CDCA Plan to find the Project area suitable for solar development.</P>
        <P>The Draft Plan Amendment and EIS/EIR evaluate the potential impacts of the proposed Stateline on air quality and greenhouse gas emissions, biological resources, cultural resources, special status species, geology and soils, hazards and hazardous materials, hydrology and water quality, land use, noise, recreation, traffic, visual resources, lands with wilderness characteristics, cumulative effects and areas with high potential for renewable energy development.</P>

        <P>A Notice of Intent to Prepare a Draft Plan Amendment and EIS/EIR for the Stateline Project was published in the<E T="04">Federal Register</E>on August 4, 2011 (76 FR 47235). The BLM held one joint public scoping meeting with San Bernardino County at the Primm Valley Golf Course on August 31, 2011. The formal scoping period ended on September 6, 2011.</P>
        <P>Please note that public comments will be available for public review at the above address during regular business hours (8 a.m. to 4 p.m.), Monday through Friday, except holidays.</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>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2.</P>
        </AUTH>
        <SIG>
          <NAME>Thomas Pogacnik,</NAME>
          <TITLE>Deputy State Director, Natural Resources.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28392 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-40-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
        <SUBAGY>National Park Service</SUBAGY>
        <DEPDOC>[NPS-NER-BOHA-11636; 1727 SZS]</DEPDOC>
        <SUBJECT>Notice of Meeting for Boston Harbor Islands National Recreation Area Advisory Council</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Park Service, Interior.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of meeting.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) the National Park Service (NPS) is hereby giving notice that the Boston Harbor Islands National Recreation Area Advisory Council will hold a meeting. This meeting is open to the public. Topics to be discussed include a report from the Council's environmental interest group, a summer review of park operations, activation of the nominating committee, and public<PRTPAGE P="70184"/>comment. Preregistration is not required for public attendance and comment. Those wishing to submit written comments may contact the Designated Federal Official for the Boston Harbor Islands Advisory Council, Bruce Jacobson, Superintendent, by mail at 408 Atlantic Avenue, Suite 228, Boston, MA 02110, or by email at<E T="03">Bruce_Jacobson@nps.gov</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>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The Boston Harbor Islands Advisory Council will meet from 4:00 p.m. to 6:00 p.m. on December 5, 2012, (EASTERN).</P>
          <P>
            <E T="03">Location:</E>The meeting will be held at Mariner's House, 11 North Square, Boston, MA 02113.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Bruce Jacobson, Superintendent, Boston Harbor Islands National Recreation Area, at (617) 223-8669 or<E T="03">Bruce_Jacobson@nps.gov</E>.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Advisory Council was appointed by the Director of National Park Service pursuant to Public Law 104-333. The 28 members represent business, educational/cultural, community and environmental entities; municipalities surrounding Boston Harbor; Boston Harbor advocates; and Native American interests. The purpose of the Council is to advise and make recommendations to the Boston Harbor Islands Partnership with respect to the development and implementation of a management plan and the operations of the Boston Harbor Islands National Recreation Area.</P>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Bruce Jacobson,</NAME>
          <TITLE>Superintendent, Boston Harbor Islands NRA.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28397 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-WV-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 for 1029-0098</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 that the information collection request for the Petition process for designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations, has been submitted to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and its expected burden and cost. This information collection activity was previously approved by OMB and assigned clearance number 1029-0098.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012, to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments may be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, Department of the Interior Desk Officer, via email at<E T="03">OIRA submission@omb.eop.gov,</E>or by facsimile to (202) 395-5806. Also, please send a copy of your comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave NW., Room 203—SIB, Washington, DC 20240, or electronically to<E T="03">jtrelease@osmre.gov</E>. Please reference 1029-0098 in your correspondence.</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 electronically at<E T="03">jtrelease@osmre.gov.</E>You may also review this information collection request on the Internet by going to<E T="03">http://www.reginfo.gov</E>(Information Collection Review, Currently Under Review, Agency is Department of the Interior, DOI-OSMRE).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>OMB regulations at 5 CFR part 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)]. OSM has submitted a request to OMB to renew its approval for the collection of information found at 30 CFR part 769—Petition process for designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations. OSM is requesting a 3-year term of approval for this collection. This collection is required to obtain or retain a benefit.</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1029-0098.</P>
        <P>As required under 5 CFR 1320.8(d), a<E T="04">Federal Register</E>notice soliciting comments on this collection of information was published on August 17, 2012 (77 FR 49827). No comments were received. This notice provides the public with an additional 30 days in which to comment on the following information collection activity:</P>
        <P>
          <E T="03">Title:</E>30 CFR Part 769—Petition process for designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations.</P>
        <P>
          <E T="03">OMB Control Number:</E>1029-0098.</P>
        <P>
          <E T="03">Summary:</E>This part establishes the minimum procedures and standards for designating Federal lands unsuitable for certain types of surface mining operations and for terminating designations pursuant to a petition. The information requested will aid the regulatory authority in the decision making process to approve or disapprove a request.</P>
        <P>
          <E T="03">Bureau Form Number:</E>None.</P>
        <P>
          <E T="03">Frequency of Collection:</E>Once.</P>
        <P>
          <E T="03">Description of Respondents:</E>People who may be adversely affected by surface mining on Federal lands.</P>
        <P>
          <E T="03">Total Annual Responses:</E>1.</P>
        <P>
          <E T="03">Total Annual Burden Hours:</E>1,000.</P>

        <P>Send comments on the need for the collection of information for the performance of the functions of the agency; the accuracy of the agency's burden estimates; ways to enhance the quality, utility and clarity of the information collection; and ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information, to the offices listed in the<E T="02">ADDRESSES</E>section. Please refer to the appropriate OMB control number in all correspondence.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment-including your personal identifying information-may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <PRTPAGE P="70185"/>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Andrew F. DeVito,</NAME>
          <TITLE>Chief, Division of Regulatory Support.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28410 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-05-M</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 for 1029-0119</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 that the information collection request for contractor eligibility, and the Abandoned Mine Land Contractor Information Form, has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost. This information collection activity was previously approved by OMB and assigned clearance number 1029-0119.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012, to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Comments may be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, Department of the Interior Desk Officer, via email at<E T="03">OIRA_submission@omb.eop.gov,</E>or by facsimile to (202) 395-5806. Also, please send a copy of your comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave NW., Room 203—SIB, Washington, DC 20240, or electronically to<E T="03">jtrelease@osmre.gov.</E>Please reference 1029-0119 in your correspondence.</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 electronically at<E T="03">jtrelease@osmre.gov.</E>You may also review this information collection request on the Internet by going<E T="03">http://www.reginfo.gov</E>(Information Collection Review, Currently Under Review, Agency is Department of the Interior, DOI-OSMRE).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The Office of Management and Budget (OMB) regulations at 5 CFR part 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)]. OSM has submitted a request to OMB to renew its approval for the collection of information for 30 CFR 874.16, and the AML Contractor Information Form which is found in the Applicant/Violator System (AVS) handbook. OSM is requesting a 3-year term of approval for this collection. This collection is required to obtain or retain a benefit.</P>
        <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1029-0119.</P>
        <P>As required by 5 CFR 1320.8(d), a<E T="04">Federal Register</E>notice soliciting comments on this collection of information was published on August 17, 2012 (77 FR 49827). No comments were received. This notice provides the public with an additional 30 days in which to comment on the following information collection activity:</P>
        <P>
          <E T="03">Title:</E>30 CFR 874.16—Contractor Eligibility and the Abandoned Mine Land Contractor Information Form.</P>
        <P>
          <E T="03">OMB Control Number:</E>1029-0119.</P>
        <P>
          <E T="03">Summary:</E>30 CFR 874.16 requires that every successful bidder for an AML contract must be eligible under 30 CFR 773.15(b)(1) at the time of contract award to receive a permit or conditional permit to conduct surface coal mining operations. Further, the regulation requires the eligibility to be confirmed by OSM's automated Applicant/Violator System (AVS) and the contractor must be eligible under the regulations implementing Section 510(c) of the Surface Mining Act to receive permits to conduct mining operations. This form provides a tool for OSM and the States/Indian tribes to help them prevent persons with outstanding violations from conducting further mining or AML reclamation activities in the State.</P>
        <P>
          <E T="03">Bureau Form Title:</E>AML Contractor Information Form (No form number).</P>
        <P>
          <E T="03">Frequency of Collection:</E>Once per contract.</P>
        <P>
          <E T="03">Description of Respondents:</E>AML contract applicants and State and Tribal regulatory authorities.</P>
        <P>
          <E T="03">Total Annual Responses:</E>279 bidders and 46 State/Tribal responses.</P>
        <P>
          <E T="03">Total Annual Burden Hours:</E>169.</P>

        <P>Send comments on the need for the collection of information for the performance of the functions of the agency; the accuracy of the agency's burden estimates; ways to enhance the quality, utility and clarity of the information collection; and ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information, to the offices listed in the<E T="02">ADDRESSES</E>section. Please refer to the appropriate OMB control number in all correspondence.</P>
        <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Andrew F. DeVito,</NAME>
          <TITLE>Chief, Division of Regulatory Support.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28411 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4310-05-M</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
        <DEPDOC>[Investigation No. 731-TA-1205 (Preliminary)]</DEPDOC>
        <SUBJECT>Silica Bricks and Shapes From China; Institution of an Antidumping Duty Investigation and Scheduling of a Preliminary Phase Investigation</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>United States International Trade Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Commission hereby gives notice of the institution of an investigation and commencement of a preliminary phase antidumping investigation No. 731-TA-1205 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C.1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of silica bricks and shapes, provided for in subheading 6902.20.10 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C.1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by December 31,<PRTPAGE P="70186"/>2012. The Commission's views are due at Commerce within five business days thereafter, or by January 8, 2013.</P>
          <P>For further information concerning the conduct of this investigation and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).</P>
          <P>DATES:<E T="03">Effective Date:</E>November 15, 2012.</P>
        </SUM>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (<E T="03">http://www.usitc.gov</E>). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at<E T="03">http://edis.usitc.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">Background.</E>This investigation is being instituted in response to a petition filed on November 15, 2012, by Utah Refractories Corp., Lehi, UT.</P>
        <P>
          <E T="03">Participation in the investigation and public service list.</E>Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the<E T="04">Federal Register</E>. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance.</P>
        <P>
          <E T="03">Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.</E>Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. 677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the<E T="04">Federal Register</E>. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.</P>
        <P>
          <E T="03">Conference.</E>The Commission's Director of Investigations has scheduled a conference in connection with this investigation for 9:30 a.m. on December 6, 2012, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be filed with the Office of the Secretary (<E T="03">William.bishop@usitc.gov</E>and<E T="03">Sharon.bellamy@usitc.gov</E>) on or before December 4, 2012. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference.</P>
        <P>
          <E T="03">Written submissions.</E>As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before December 11, 2012, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. Please consult the Commission's rules, as amended, 76 FR 61937 (Oct. 6, 2011) and the Commission's Handbook on Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the Commission's Web site at<E T="03">http://edis.usitc.gov</E>.</P>
        <P>In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules.</P>
        </AUTH>
        <SIG>
          <DATED>Issued: November 19, 2012.</DATED>
          
          <P>By order of the Commission.</P>
          <NAME>Lisa R. Barton,</NAME>
          <TITLE>Acting Secretary to the Commission.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28419 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7020-02-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Importer Of Controlled Substances; Notice Of Registration; Cerilliant Corporation</SUBJECT>
        <P>By Notice dated August 17, 2012, and published in the<E T="04">Federal Register</E>on August 20, 2012, 77 FR 50162, Cerilliant Corporation, 811 Paloma Drive, Suite A, Round Rock, Texas 78665-2402, made application by renewal; to the Drug Enforcement Administration (DEA) to be registered as an importer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Cathinone (1235)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methcathinone (1237)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-N-methylcathinone (1248)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Ethylamphetamine (1475)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N,N-Dimethylamphetamine (1480)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fenethylline (1503)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Gamma Hydroxybutyric Acid (2010)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-018 (7118)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-073 (7173)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-200 (7200)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-ethyltryptamine (7249)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ibogaine (7260)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CP-47497 (7297)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">CP-47497 C8 Homologue (7298)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lysergic acid diethylamide (7315)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-T-7(2,5-Dimethoxy-4-(n)-propylthiophenethylamine) (7348)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Marihuana (7360)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tetrahydrocannabinols (7370)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mescaline (7381)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4,5-Trimethoxyamphetamine (7390)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyamphetamine (7391)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyphenethylamine (7392)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-2,5-dimethoxyamphetamine (7395)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxyamphetamine (7396)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxyamphetamine (7400)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxy-N-ethylamphetamine (7404)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxymethamphetamine (7405)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methoxyamphetamine (7411)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N-N-dimethyltryptamine (7431)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="70187"/>
            <ENT I="01">Alpha-methyltryptamine (7432)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diethyltryptamine (7434)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dimethyltryptamine (7435)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocybin (7437)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocyn (7438)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N,N-diisopropyltryptamine (7439)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Benzylpiperazine (7493)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">MDPV 3,4-Methylenedioxypyrovalerone (7535)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methylone 3,4-Methylenedioxy-N-methylcathinone (7540)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Desomorphine (9055)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Etorphine (except HCl)(9056)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Heroin (9200)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine-N-oxide (9307)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Normorphine (9313)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pholcodine (9314)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dextromoramide (9613)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dipipanone (9622)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Racemoramide (9645)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Trimeperidine (9646)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Methyl-4-phenyl-4-propionoxypiperidine (9661)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tilidine (9750)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amphetamine (1100)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methamphetamine (1105)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methylphenidate (1724)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amobarbital (2125)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Pentobarbital (2270)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Secobarbital (2315)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phencyclidine (7471)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone (8501)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cocaine (9041)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine (9050)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dihydrocodeine (9120)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxycodone (9143)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydromorphone (9150)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Benzoylecgonine (9180)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Ethylmorphine (9190)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Meperidine (9230)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone (9250)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dextropropoxyphene, bulk (non-dosage forms) (9273)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine (9300)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oripavine (9330)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Thebaine (9333)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Levo-alphacetylmethadol (9648)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxymorphone (9652)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Poppy Straw Concentrate (9670)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alfentanil (9737)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sufentanil (9740)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fentanyl (9801)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to import small quantities of the listed controlled substances for the manufacture of analytical reference standards.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Cerilliant Corporation to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Cerilliant Corporation to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28482 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Importer of Controlled Substances; Notice of Registration; Lipomed, Inc.</SUBJECT>
        <P>By Notice dated July 30, 2012, and published in the<E T="04">Federal Register</E>on August 20, 2012, 77 FR 50162, Lipomed, Inc., One Broadway, Cambridge, Massachusetts 02142, made application by letter to the Drug Enforcement Administration (DEA) to be registered as an importer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Bufotenine (7433)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diethyltryptamine (7434)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Piperidinocyclohexane-carbonitrile (8603)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to import analytical reference standards for distribution to its customers for research and analytical purposes.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Lipomed, Inc., to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Lipomed, Inc., to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28484 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Importer of Controlled Substances; Notice of Registration; Mylan Technologies, Inc.</SUBJECT>
        <P>By Notice dated March 8, 2012, and published in the<E T="04">Federal Register</E>on March 20, 2012, 77 FR 16262, Mylan Technologies, Inc., 110 Lake Street, Saint Albans, Vermont 05478, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Methylphenidate (1724)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fentanyl (9801)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to import the listed controlled substances in finished dosage form (FDF) from foreign sources for analytical testing and clinical trials in which the foreign FDF will be compared to the company's own domestically-manufactured FDF. This analysis is required to allow the company to export domestically-manufactured FDF to foreign markets.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a), and determined that the registration of Mylan Pharmaceuticals, Inc. to import the basic classes of controlled substances is consistent with the public interest, and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Mylan Pharmaceuticals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>

        <P>Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named<PRTPAGE P="70188"/>company is granted registration as an importer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28485 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Application; Cayman Chemical Company</SUBJECT>
        <P>Pursuant to § 1301.33(a), Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 25, 2012, Cayman Chemical Company, 1180 East Ellsworth Road, Ann Arbor, Michigan 48108, made application to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">JWH-250 (6250)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SR-18 also known as RCS-8 (7008)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-019 (7019)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-081 (7081)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">SR-19 also known as RCS-4 (7104)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-122 (7122)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AM-2201 (7201)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-203 (7203)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-T-2 (7385)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">JWH-398 (7398)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocybin (7437)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocyn (7438)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-D (7508)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-E (7509)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-H (7517)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-I (7518)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-C (7519)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-N (7521)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-P (7524)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-T-4 (7532)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">AM-694 (7694)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone (8501)</ENT>
            <ENT>I</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture the listed controlled substances for distribution to their research and forensics customers conducting drug testing and analysis.</P>
        <P>Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a).</P>
        <P>Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than January 22, 2013.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28486 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Application; Alltech Associates, Inc.</SUBJECT>
        <P>Pursuant to § 1301.33(a), Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 14, 2012, Alltech Associates Inc., 2051 Waukegan Road, Deerfield, Illinois 60015, made application to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">2C-T-2 (2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine) (7385)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-1 (2-(4-lodo-2,5-dimethoxyphenyl) Ethanamine) (7518)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2C-C (2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (7519)</ENT>
            <ENT>I</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture high purity drug standards used for analytical applications only in clinical, toxicological, and forensic laboratories.</P>
        <P>Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a).</P>
        <P>Any such comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than January 22, 2013.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28493 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Registration; Boehringer Ingelheim Chemicals, Inc.</SUBJECT>
        <P>By Notice dated July 17, 2012, and published in the<E T="04">Federal Register</E>on July 26, 2012, 77 FR 43863, Boehringer Ingelheim Chemicals, Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805-9372, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Amphetamine (1100)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lisdexamfetamine (1205)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methylphenidate (1724)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone (9250)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone Intermediate (9254)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tapentadol (9780)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture the listed controlled substances in bulk for sale to its customers for formulation into finished pharmaceuticals. In reference to Methadone Intermediate (9254) the company plans to produce Methadone HCL active pharmaceutical ingredients (APIs) for sale to its customers.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Boehringer Ingelheim Chemicals, Inc., to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Boehringer Ingelheim Chemicals, Inc., to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems; verification of the company's compliance with state and local laws; and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28496 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70189"/>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Registration; Cayman Chemical Company</SUBJECT>
        <P>By Notice dated July 30, 2012, and published in the<E T="04">Federal Register</E>on August 7, 2012, 77 FR 47115, Cayman Chemical Company, 1180 East Ellsworth Road, Ann Arbor, Michigan 48108, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Cathinone (1235)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methcathinone (1237)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-N-methylcathinone (1248)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Ethylamphetamine (1475)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N,N-Dimethylamphetamine (1480)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Aminorex (1585)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methylaminorex (cis isomer) (1590)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Gamma Hydroxybutyric Acid (2010)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Pentyl-3-(1-naphthoyl) indole (7118)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-Butyl-3-(1-naphthoyl) indole (7173)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl) indole (7200)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-ethyltryptamine (7249)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (7297)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (7298)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lysergic acid diethylamide (7315)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-(n)-propylthiophenethylamine (7348)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Marihuana (7360)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Tetrahydrocannabinols (7370)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Mescaline (7381)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4,5-Trimethoxyamphetamine (7390)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyamphetamine (7391)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Bromo-2,5-dimethoxyphenethylamine (7392)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methyl-2,5-dimethoxyamphetamine (7395)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxyamphetamine (7396)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">2,5-Dimethoxy-4-ethylamphetamine (7399)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxyamphetamine (7400)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-3,4-methylenedioxyamphetamine (7401)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Hydroxy-3,4-methylenedioxyamphetamine (7402)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxy-N-ethylamphetamine (7404)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxymethamphetamine (7405)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Methoxyamphetamine (7411)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N-N-dimethyltryptamine (7431)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alpha-methyltryptamine (7432)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Bufotenine (7433)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Diethyltryptamine (7434)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dimethyltryptamine (7435)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocybin (7437)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Psilocyn (7438)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5-Methoxy-N-N-diisopropyltryptamine (7439)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">N-Benzylpiperazine (7493)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxypyrovalerone (7535)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3,4-Methylenedioxy-N-methylcathinone (7540)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amphetamine (1100)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methamphetamine (1105)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lisdexamfetamine (1205)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture small quantities of marihuana derivatives for research purposes. In reference to drug code 7360 (Marihuana), the company plans to bulk manufacture cannabidiol. In reference to drug code 7370 (Tetrahydrocannabinols), the company will manufacture a synthetic THC. No other activity for this drug code is authorized for this registration.</P>
        <P>The company plans to manufacture the remaining listed controlled substances to supply these materials to the research and forensics community for drug testing and analysis.</P>
        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cayman Chemical Company to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Cayman Chemical Company to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28500 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
        <SUBAGY>Drug Enforcement Administration</SUBAGY>
        <SUBJECT>Manufacturer of Controlled Substances; Notice of Registration; Cambrex Charles City, Inc.</SUBJECT>
        <P>By Notice dated July 17, 2012 and published in the<E T="04">Federal Register</E>on July 26, 2012, 77 FR 43863, Cambrex Charles City, Inc., 1205 11th Street, Charles City, Iowa 50616, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances:</P>
        <GPOTABLE CDEF="s50,xs36" COLS="2" OPTS="L2,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1">Drug</CHED>
            <CHED H="1">Schedule</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Gamma Hydroxybutyric Acid (2010)</ENT>
            <ENT>I</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Amphetamine (1100)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Lisdexamfetamine (1205)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methylphenidate (1724)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4-Anilino-N-phenethyl-4-piperidine (ANPP) (8333)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Phenylacetone (8501)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cocaine (9041)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Codeine (9050)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxycodone (9143)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydromorphone (9150)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Hydrocodone (9193)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Methadone (9250)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Dextropropoxyphene, bulk (non-dosage forms) (9273)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Morphine (9300)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oripavine (9330)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Thebaine (9333)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium, raw (9600)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium extracts (9610)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium fluid extract (9620)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium tincture (9630)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium, powdered (9639)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Opium, granulated (9640)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Oxymorphone (9652)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Noroxymorphone (9668)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Poppy Straw Concentrate (9670)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Alfentanil (9737)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Remifentanil (9739)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Sufentanil (9740)</ENT>
            <ENT>II</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Fentanyl (9801)</ENT>
            <ENT>II</ENT>
          </ROW>
        </GPOTABLE>
        <P>The company plans to manufacture the listed controlled substances in bulk for sale to its customers, for dosage form development, for clinical trials, and for use in stability qualification studies.</P>

        <P>No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a), and<PRTPAGE P="70190"/>determined that the registration of Cambrex Charles City, Inc., to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Cambrex Charles City, Inc., to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history.</P>
        <P>Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed.</P>
        <SIG>
          <DATED>Dated: November 14, 2012.</DATED>
          <NAME>Joseph T. Rannazzisi,</NAME>
          <TITLE>Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28499 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4410-09-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">LEGAL SERVICES CORPORATION</AGENCY>
        <SUBJECT>Sunshine Act Meetings; Notice</SUBJECT>
        <PREAMHD>
          <HD SOURCE="HED">DATE AND TIME:</HD>
          <P>The Legal Services Corporation's Board of Directors will meet telephonically on November 29, 2012. The meeting will commence at 5:00 p.m., Eastern Standard Time, and will continue until the conclusion of the Board's agenda.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">LOCATION:</HD>
          <P>F. William McCalpin Conference Center, Legal Services Corporation Headquarters, 3333 K Street NW., Washington DC 20007.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">PUBLIC OBSERVATION:</HD>
          <P>Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the telephone call-in directions provided below but are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold if doing so will trigger recorded music or other sound. From time to time, the presiding Chair may solicit comments from the public.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">CALL-IN DIRECTIONS FOR OPEN SESSIONS:</HD>
          <P>• Call toll-free number: 1-866-451-4981;</P>
          <P>• When prompted, enter the following numeric pass code: 5907707348;</P>
          <P>• When connected to the call, please immediately “MUTE” your telephone.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">STATUS OF MEETING:</HD>
          <P>Open.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
          <P/>
          <P>1. Approval of Agenda.</P>
          <P>2. Approval of minutes of the Board's meeting of October 1-2, 2012.</P>
          <P>3. Consider and act on the Board of Directors' transmittal to accompany the Inspector General's Semiannual Report to Congress for the period of April 1, 2012 through September 30, 2012.</P>
          <P>4. Report on legal services needs and activities relating to Hurricane Sandy.</P>
          <P>5. Public comment.</P>
          <P>6. Consider and act on other business.</P>
          <P>7. Consider and act on motion to adjourn the meeting.</P>
        </PREAMHD>
        <STARS/>
        <PREAMHD>
          <HD SOURCE="HED">CONTACT PERSON FOR INFORMATION:</HD>

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

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

          <P>LSC complies with the American's with Disabilities Act and Section 504 of the 1973 Rehabilitation Act. Upon request, meeting notices and materials will be made available in alternative formats to accommodate individuals with disabilities. Individuals who need other accommodations due to disability in order to attend the meeting in person or telephonically should contact Katherine Ward, at (202) 295-1500 or<E T="03">FR_NOTICE_QUESTIONS@lsc.gov</E>, at least 2 business days in advance of the meeting. If a request is made without advance notice, LSC will make every effort to accommodate the request but cannot guarantee that all requests can be fulfilled.</P>
        </PREAMHD>
        <SIG>
          <DATED>Dated: November 20, 2012.</DATED>
          <NAME>Victor M. Fortuno,</NAME>
          <TITLE>Vice President and General Counsel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28599 Filed 11-20-12; 4:15 pm]</FRDOC>
      <BILCOD>BILLING CODE 7050-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. NRC-2012-0149]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of the OMB review of information collection and solicitation of public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The U.S. Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a<E T="04">Federal Register</E>notice with a 60-day comment period on this information collection on August 1, 2012 (77 FR 45697).</P>
          <P>1.<E T="03">Type of submission, new, revision, or extension:</E>Extension.</P>
          <P>2.<E T="03">The title of the information collection:</E>Part 60 of Title 10 of the<E T="03">Code of Federal Regulations</E>(10 CFR), “Disposal of High-Level Radioactive Wastes in Geologic Repositories.”</P>
          <P>3.<E T="03">Current OMB approval number:</E>3150-0127.</P>
          <P>4.<E T="03">The form number if applicable:</E>N/A.</P>
          <P>5.<E T="03">How often the collection is required:</E>The information need only be submitted one time.</P>
          <P>6.<E T="03">Who will be required or asked to report:</E>State or Indian tribes, or their representatives, requesting consultation with the NRC staff regarding review of a potential high-level radioactive waste geologic repository site, or wishing to participate in a license application review for a potential geologic repository (other than a potential geologic repository site at Yucca Mountain, Nevada, which is regulated under 10 CFR part 63).</P>
          <P>7.<E T="03">An estimate of the number of annual responses:</E>1; however, none are expected in the next 3 years.</P>
          <P>8.<E T="03">The estimated number of annual respondents:</E>1; however, none are expected in the next 3 years.</P>
          <P>9.<E T="03">An estimate of the total number of hours needed annually to complete the requirement or request:</E>1 hour; however, none are expected in the next 3 years.</P>
          <P>10.<E T="03">Abstract:</E>Part 60 requires States and Indian tribes to submit certain information to the NRC if they request consultation with the NRC staff concerning the review of a potential repository site, or wish to participate in a license application review for a potential repository (other than the Yucca Mountain, Nevada site, which is regulated under 10 CFR part 63). Representatives of States or Indian tribes must submit a statement of their<PRTPAGE P="70191"/>authority to act in such a representative capacity. The information submitted by the States and Indian tribes is used by the Director of the Office of Nuclear Material Safety and Safeguards as a basis for decisions about the commitment of NRC staff resources to the consultation and participation efforts. The NRC anticipates conducting a public rulemaking to revise portions of 10 CFR part 60 in the near future (i.e., within the next 5 years). If, as part of this rulemaking, revisions are made affecting the information collection requirements, the NRC will follow OMB requirements for obtaining approval for any revised information collection requirements. [Note: All of the information collection requirements pertaining to Yucca Mountain were included in 10 CFR part 63, and were approved by OMB under control number 3150-0199. The Yucca Mountain site is regulated under 10 CFR part 63 (66 FR 55792, November 2, 2001).]</P>

          <P>The public may examine and have copied for a fee publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site:<E T="03">http://www.nrc.gov/public-involve/doc-comment/omb/.</E>The document will be available on the NRC's home page site for 60 days after the signature date of this notice.</P>
          <P>Comments and questions should be directed to the OMB reviewer listed below by December 24, 2012. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.</P>
          <P>Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150-0127), NEOB-10202, Office of Management and Budget, Washington, DC 20503.</P>
          <P>Comments can also be emailed to<E T="03">Chad_S_Whiteman@omb.eop.gov</E>or submitted by telephone at 202-395-4718.</P>
          <P>The NRC Clearance Officer is Tremaine Donnell, 301-415-6258.</P>
        </SUM>
        <SIG>
          <P>For the Nuclear Regulatory Commission.</P>
          
          <DATED>Dated at Rockville, Maryland, this 16th day of November, 2012.</DATED>
          <NAME>Tremaine Donnell,</NAME>
          <TITLE>NRC Clearance Officer, Office of Information Services.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28442 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. NRC-2012-0148]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of the OMB review of information collection and solicitation of public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The U.S. Nuclear Regulatory Commission (NRC) has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a<E T="04">Federal Register</E>Notice with a 60-day comment period on this information collection on September 5, 2012 (77 FR 54616).</P>
          <P>1.<E T="03">Type of submission, new, revision, or extension:</E>Extension.</P>
          <P>2.<E T="03">The title of the information collection:</E>10 CFR Part 150, “Exemptions and Continued Regulatory Authority in Agreement States and in Offshore Waters Under Section 274.”</P>
          <P>3.<E T="03">Current OMB approval number:</E>3150-0032.</P>
          <P>4.<E T="03">The form number if applicable:</E>N/A.</P>
          <P>5.<E T="03">How often the collection is required:</E>10 CFR 150.16(b), 10 CFR 150.17(c), and 10 CFR 150.19(c) require the submission of reports following specified events, such as the theft or unlawful diversion of licensed radioactive material. The source material inventory reports required under 10 CFR 150.17(b) must be submitted annually by certain licensees.</P>
          <P>6.<E T="03">Who will be required or asked to report:</E>Agreement State licensees authorized to possess source or special nuclear material at certain types of facilities, or at any one time and location in greater than specified amounts. In addition, persons engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters.</P>
          <P>7.<E T="03">An estimate of the number of annual responses:</E>8.</P>
          <P>8.<E T="03">The estimated number of annual respondents:</E>8.</P>
          <P>9.<E T="03">An estimate of the total number of hours needed annually to complete the requirement or request:</E>190.</P>
          <P>10.<E T="03">Abstract:</E>Part 150 of Title 10 of the<E T="03">Code of Federal Regulations</E>(10 CFR), provides certain exemptions from NRC regulations for persons in Agreement States. The regulations in 10 CFR part 150 also defines activities in Agreement States and in offshore waters over which the NRC regulatory authority continues, including certain information collection requirements. The information is needed to permit the NRC to make reports to other governments and the International Atomic Energy Agency in accordance with international agreements. The information is also used to carry out the NRC's safeguards and inspection programs.</P>

          <P>The public may examine and have copied for a fee, publicly available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site:<E T="03">http://www.nrc.gov/public-involve/doc-comment/omb/.</E>The document will be available on the NRC's home page site for 60 days after the signature date of this notice.</P>
          <P>Comments and questions should be directed to the OMB reviewer listed below by December 24, 2012. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date.</P>
          <P>Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150-0032), NEOB-10202, Office of Management and Budget, Washington, DC 20503.</P>
          <P>Comments can also be emailed to<E T="03">Chad_S_Whiteman@omb.eop.gov.</E>or submitted by telephone at 202-395-4718.</P>
          <P>The NRC Clearance Officer is Tremaine Donnell, 301-415-6258.</P>
        </SUM>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 16th day of November, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Tremaine Donnell,</NAME>
          <TITLE>NRC Clearance Officer, Office of Information Services.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28443 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70192"/>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. NRC-2012-0263]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of pending NRC action to submit an information collection request to the Office of Management and Budget (OMB) and solicitation of public comment.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the<E T="04">Federal Register</E>under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).</P>
          <P>Information pertaining to the requirement to be submitted:</P>
          <P>1.<E T="03">The title of the information collection:</E>NRC Form 664, General Licensee Registration.</P>
          <P>2.<E T="03">Current OMB approval number:</E>3150-0198.</P>
          <P>3.<E T="03">How often the collection is required:</E>Annually.</P>
          <P>4.<E T="03">Who is required or asked to report:</E>General Licensees of the NRC who possess certain generally licensed devices subject to annual registration authorized pursuant to § 31.5 of the<E T="03">Code of Federal Regulations</E>(10 CFR).</P>
          <P>5.<E T="03">The number of annual respondents:</E>633.</P>
          <P>6.<E T="03">The number of hours needed annually to complete the requirement or request:</E>211 hours.</P>
          <P>7.<E T="03">Abstract:</E>NRC Form 664 is used by NRC general licensees to make reports regarding certain generally licensed devices subject to annual registration. The registration program allows NRC to better track general licensees, so that they can be contacted or inspected as necessary, and to make sure that generally licensed devices can be identified even if lost or damaged. Also, the registration program ensures that general licensees are aware of and understand the requirements for the possession, use and disposal of devices containing byproduct material. Greater awareness helps to ensure that general licensees will comply with the regulatory requirements for proper handling and disposal of generally licensed devices and would reduce the potential for incidents that could result in unnecessary radiation exposure to the public and contamination of property.</P>
          <P>Submit, by January 22, 2013, comments that address the following questions:</P>
          <P>1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility?</P>
          <P>2. Is the burden estimate accurate?</P>
          <P>3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?</P>
          <P>4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?</P>

          <P>The public may examine and have copied for a fee publicly available document, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site:<E T="03">http://www.nrc.gov/public-involve/doc-comment/omb/.</E>
          </P>

          <P>The document will be available on the NRC's home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2012-0263. You may submit your comments by any of the following methods: Electronic comments: Go to<E T="03">http://www.regulations.gov</E>and search for Docket No. NRC-2012-0263. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>

          <P>Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6258, or by email to<E T="03">INFOCOLLECTS.Resource@NRC.GOV.</E>
          </P>
        </SUM>
        <SIG>
          <DATED>Dated at Rockville, Maryland, this 16th day of November, 2012.</DATED>
          
          <P>For the Nuclear Regulatory Commission.</P>
          <NAME>Tremaine Donnell,</NAME>
          <TITLE>NRC Clearance Officer, Office of Information Services.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28444 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[NRC-2012-0276]</DEPDOC>
        <SUBJECT>Appointments to Performance Review Boards for Senior Executive Service</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Nuclear Regulatory Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Appointment to Performance Review Boards for Senior Executive Service.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The U.S. Nuclear Regulatory Commission (NRC) has announced the following appointments to the NRC's Performance Review Boards (PRB) responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees:</P>
          
          <EXTRACT>
            <FP SOURCE="FP-1">R.W. Borchardt, Executive Director for Operations.</FP>
            <FP SOURCE="FP-1">Margaret M. Doane, General Counsel.</FP>
            <FP SOURCE="FP-1">Darren B. Ash, Deputy Executive Director for Corporate Management, Office of the Executive Director for Operations.</FP>
            <FP SOURCE="FP-1">Cynthia A. Carpenter, Director, Office of Administration.</FP>
            <FP SOURCE="FP-1">James E. Dyer, Chief Financial Officer.</FP>
            <FP SOURCE="FP-1">Michael R. Johnson, Deputy Executive Director for Reactor and Preparedness Programs, Office of the Executive Director for Operations.</FP>
            <FP SOURCE="FP-1">Victor M. McCree, Regional Administrator, Region II.</FP>
            <FP SOURCE="FP-1">Mark A. Satorius, Director, Office of Federal and State Materials and Environmental Management Programs.</FP>
            <FP SOURCE="FP-1">Glenn M. Tracy, Director, Office of New Reactors.</FP>
            <FP SOURCE="FP-1">Annette L. Vietti-Cook, Secretary of the Commission, Office of the Secretary.</FP>
            <FP SOURCE="FP-1">Michael F. Weber, Deputy Executive Director for Materials, Waste, Research, State, Tribal, and Compliance Programs, Office of the Executive Director for Operations.</FP>
            <FP SOURCE="FP-1">James T. Wiggins, Director, Office of Nuclear Security and Incident Response.</FP>
          </EXTRACT>
          
          <P>The following individuals will serve as members of the NRC's PRB Panel that was established to review appraisals and make recommendations to the appointing and awarding authorities for NRC's PRB members:</P>
          
          <EXTRACT>
            <FP SOURCE="FP-1">Eric J. Leeds, Director, Office of Nuclear Reactor Regulation.</FP>
            <FP SOURCE="FP-1">Marvin L. Itzkowitz, Associate General Counsel for Hearings, Enforcement, and Administration, Office of the General Counsel.</FP>
            <FP SOURCE="FP-1">Catherine Haney, Director, Office of Nuclear Material Safety and Safeguards.</FP>
          </EXTRACT>
          
          <P>All appointments are made pursuant to Section 4314 of Chapter 43 of Title 5 of the United States Code.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>
            <E T="03">Effective Date:</E>November 23, 2012.</P>
        </DATES>
        
        <FURINF>
          <PRTPAGE P="70193"/>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Secretary, Executive Resources Board, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 492-2076.</P>
          <SIG>
            <DATED>Dated at Bethesda, Maryland, this  23rd day of  October 2012.</DATED>
            
            <P>For the U.S. Nuclear Regulatory Commission.</P>
            <NAME>Miriam L. Cohen,</NAME>
            <TITLE>Secretary, Executive Resources Board.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28426 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
        <DEPDOC>[Docket No. 70-3098-MLA; ASLBP No. 07-856-02-MLA-BD01]</DEPDOC>
        <SUBJECT>Shaw Areva MOX Services (Mixed Oxide Fuel Fabrication Facility); Notice of Atomic Safety and Licensing Board Reconstitution</SUBJECT>

        <P>Pursuant to 10 CFR 2.313(c) and 2.321(b), the Atomic Safety and Licensing Board (Board) in the above-captioned<E T="03">Mixed Oxide Fuel Fabrication Facility</E>license application proceeding is hereby reconstituted by appointing Administrative Judge Paul B. Abramson to serve on the Board in place of Administrative Judge Lawrence G. McDade.</P>
        <P>All correspondence, documents, and other materials shall continue to be filed in accordance with 10 CFR 2.302 and any relevant filing directives issued by the Board.</P>
        <SIG>
          <DATED>Issued at Rockville, Maryland this 16th day of November 2012.</DATED>
          <NAME>E. Roy Hawkens,</NAME>
          <TITLE>Chief Administrative Judge, Atomic Safety and Licensing Board Panel.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28441 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7590-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. IC-30266; 812-14074]</DEPDOC>
        <SUBJECT>Wells Fargo Bank, N.A., et al.; Notice of Application and Temporary Order</SUBJECT>
        <DATE>November 16, 2012.</DATE>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Securities and Exchange Commission (“Commission”).</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Temporary order and notice of application for a permanent order under section 9(c) of the Investment Company Act of 1940 (“Act”).</P>
        </ACT>
        <PREAMHD>
          <HD SOURCE="HED">SUMMARY OF APPLICATION:</HD>
          <P>Applicants have received a temporary order exempting them from section 9(a) of the Act, with respect to an injunction entered against Wells Fargo Bank, N.A. (“Wells Fargo Bank”) on September 20, 2012, by the United States District Court for the District of Columbia, until the Commission takes final action on an application for a permanent order. Applicants have requested a permanent order.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">APPLICANTS:</HD>
          <P>Wells Fargo Bank, First International Advisors, LLC (“First International”), Metropolitan West Capital Management, LLC (“Metropolitan West”), Golden Capital Management, LLC (“Golden Capital”), Alternative Strategies Brokerage Services, Inc. (“Alternative Strategies Brokerage”), Alternative Strategies Group, Inc. (“Alternative Strategies”), Wells Fargo Funds Management, LLC (“WF Funds Management”), Wells Capital Management Incorporated (“Wells Capital Management”), Peregrine Capital Management, Inc. (“Peregrine”), Galliard Capital Management, Inc. (“Galliard”), and Wells Fargo Funds Distributor, LLC (“WF Funds Distributor”) (each an “Applicant” and collectively, the “Applicants”).<SU>1</SU>
            <FTREF/>
          </P>
        </PREAMHD>
        <FTNT>
          <P>
            <SU>1</SU>Applicants request that any relief granted pursuant to the application also apply to any existing company of which Wells Fargo Bank is or may become an affiliated person within the meaning of section 2(a)(3) of the Act (together with the Applicants, the “Covered Persons”).</P>
        </FTNT>
        <PREAMHD>
          <HD SOURCE="HED">FILING DATE:</HD>
          <P>The application was filed on August 31, 2012, and amended on September 21, 2012.</P>
        </PREAMHD>
        <PREAMHD>
          <HD SOURCE="HED">HEARING OR NOTIFICATION OF HEARING:</HD>
          <P>An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on December 11, 2012, and should be accompanied by proof of service on Applicants, in the form of an affidavit, or for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.</P>
        </PREAMHD>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants: Wells Fargo Bank, 101 North Phillips Avenue, Sioux Falls, SD 57104; First International, 30 Fenchurch Street, London, England, UK EC3M 3BD; Metropolitan West, 610 Newport Center Drive, Suite 1000, Newport Beach, CA 92660; Golden Capital, 5 Resource Square, Suite 400, 10715 David Taylor Drive, Charlotte, NC 28262; Alternative Strategies Brokerage, 401 South Tryon Street, Charlotte, NC 28202; Alternative Strategies, 401 South Tryon Street, TH 3, Charlotte, NC 28202; WF Funds Management and WF Funds Distributor, 525 Market Street, 12th Floor, San Francisco, CA 94105; Wells Capital Management, 525 Market Street, 10th Floor, San Francisco, CA 94105; Peregrine, 800 LaSalle Avenue, Suite 1850, Minneapolis, MN 55402; and Galliard, 800 LaSalle Avenue, Suite 1100, Minneapolis, MN 55402.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Steven I. Amchan, Senior Counsel, at (202) 551-6826 or Daniele Marchesani, Branch Chief, at (202) 551-6821 (Division of Investment Management, Office of Investment Company Regulation).</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The following is a temporary order and a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or an applicant using the Company name box, at<E T="03">http://www.sec.gov/search/search.htm</E>or by calling (202) 551-8090.</P>
        <HD SOURCE="HD1">Applicants' Representations</HD>
        <P>1. Wells Fargo Bank is a national banking association wholly-owned, directly and indirectly, by Wells Fargo &amp; Company (“Wells Fargo”). Through its direct and indirect subsidiaries, Wells Fargo, a registered financial holding company and bank holding company under the Bank Holding Company Act of 1956, as amended, offers banking, brokerage, advisory and other financial services to institutional and individual customers worldwide. Wells Fargo also is the ultimate parent of the other Applicants, who, as direct or indirect, majority-owned or wholly-owned, subsidiaries of the same ultimate parent, are, or may be considered to be, under common control with Wells Fargo Bank.</P>

        <P>2. Effective December 1, 2011, and August 24, 2012, respectively, two separately identifiable departments within Wells Fargo Bank, Abbot Downing Investment Advisors and Wells Capital Management Singapore, each became registered as an investment adviser under the Investment Advisers Act of 1940 (“Advisers Act”) and each serves as an investment adviser to one or more Funds (as defined below). First International, Metropolitan West, Golden Capital, Alternative Strategies, WF Funds Management, Wells Capital<PRTPAGE P="70194"/>Management, Peregrine, and Galliard are registered as investment advisers under the Advisers Act and serve as investment advisers or sub-advisers to various Funds. Alternative Strategies Brokerage and WF Funds Distributor are registered as broker-dealers under the Securities Exchange Act of 1934, and each serves as principal underwriter to various Funds. “Fund” means any registered investment company, including a registered unit investment trust (“UIT”) or registered face amount certificate company, as well as a business development company (“BDC”) or employees' securities company (“ESC”). “Fund Servicing Activities” means acting as an adviser, sub-adviser or depositor to Funds, or principal underwriter for any registered open-end investment company, UIT, registered face amount company or ESC.</P>
        <P>3. On July 12, 2012, the U.S. Department of Justice filed a complaint (“Complaint”) against Wells Fargo Bank in the United States District Court for the District of Columbia (“District Court”) in a civil action.<SU>2</SU>
          <FTREF/>The Complaint alleged that Wells Fargo Bank engaged in a pattern or practice of discrimination on the basis of race and national origin in violation of the Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act (“FHA”). More specifically, the Complaint alleged that Wells Fargo Bank's policies caused African-American and Hispanic borrowers to be placed into subprime loans at higher rates than similarly-situated white borrowers and to pay higher costs, fees and interest rates than similarly-situated white borrowers. Applicants state that Wells Fargo Bank has not been advised by the Department of Justice that any employee of Wells Fargo discriminated intentionally on the basis of race or national origin. On July 12, 2012, Wells Fargo Bank executed a Consent Order, in which it denied the allegations of the Complaint other than those facts deemed necessary to the jurisdiction of the District Court. Pursuant to that Consent Order, on September 20, 2012, the District Court entered a judgment that, among other things, enjoins Wells Fargo Bank from violating the anti-discrimination provisions of the ECOA and the FHA in connection with originating residential mortgages (the “Injunction”), and requires Wells Fargo Bank to pay $125 million in compensation to borrowers who may have suffered as a result of the alleged ECOA and FHA violations, contribute at least $50 million to a homebuyer assistance program, and implement other measures that are designed to ensure Wells Fargo Bank's future adherence to fair lending practices.</P>
        <FTNT>
          <P>
            <SU>2</SU>
            <E T="03">United States</E>v.<E T="03">Wells Fargo Bank, N.A.,</E>No. 1:12-cv-01150 (D.D.C., July 12, 2012).</P>
        </FTNT>
        <HD SOURCE="HD1">Applicants' Legal Analysis</HD>
        <P>1. Section 9(a)(2) of the Act, in relevant part, prohibits a person who has been enjoined from acting as a bank, or from engaging in or continuing any conduct or practice in connection with such activity, from acting, among other things, as an investment adviser or depositor of any registered investment company, or a principal underwriter for any registered open-end investment company, UIT or registered face-amount certificate company. Section 9(a)(3) of the Act extends the prohibitions of section 9(a)(2) to a company any affiliated person of which has been disqualified under the provisions of section 9(a)(2). Section 2(a)(3) of the Act defines “affiliated person” to include, among others, any person directly or indirectly controlling, controlled by, or under common control with, the other person. Applicants state that Wells Fargo Bank is, or may be considered to be, under common control with and therefore an affiliated person of each of the other Applicants. Applicants state that the entry of the Injunction may result in Applicants being subject to the disqualification provisions of section 9(a) of the Act because Wells Fargo Bank is enjoined from engaging in or continuing certain conduct and/or practices in connection with its banking activity.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>Applicants believe that the conduct and/or practices covered by the Injunction could be deemed to be in connection with Wells Fargo Bank's banking activity.</P>
        </FTNT>
        <P>2. Section 9(c) of the Act provides that the Commission shall grant an application for exemption from the disqualification provisions of section 9(a) if it is established that these provisions, as applied to Applicants, are unduly or disproportionately severe or that the Applicants' conduct has been such as not to make it against the public interest or the protection of investors to grant the exemption. Applicants have filed an application pursuant to section 9(c) seeking temporary and permanent orders exempting the Applicants and the other Covered Persons from the disqualification provisions of section 9(a) of the Act. On September 21, 2012, Applicants received a temporary conditional order from the Commission exempting them from section 9(a) of the Act with respect to the Injunction from September 20, 2012 until the Commission takes final action on an application for a permanent order or, if earlier, November 16, 2012.</P>
        <P>3. Applicants believe they meet the standard for exemption specified in section 9(c). Applicants state that the prohibitions of section 9(a) as applied to them would be unduly and disproportionately severe and that the conduct of Applicants has been such as not to make it against the public interest or the protection of investors to grant the exemption from section 9(a).</P>
        <P>4. Applicants state that the conduct giving rise to the Injunction did not involve any of the Applicants acting in their capacity as investment adviser, sub-adviser, or principal underwriter for Funds. Applicants also state that the alleged conduct giving rise to the Injunction did not involve any Fund or the assets of any Fund for which they provided Fund Servicing Activities. Applicants further state that to the best of their reasonable knowledge: (i) None of the Applicants' (other than certain of Wells Fargo Bank's) current or former directors, officers or employees had any knowledge of, or had any involvement in, the conduct alleged in the Complaint to have constituted the alleged violations that provided a basis for the Injunction; (ii) the personnel who were involved in the violations alleged in the Complaint have had no involvement in, and will not have any future involvement in, providing advisory, sub-advisory, depository or underwriting services to Funds; and (iii) because the personnel of the Applicants involved in Fund Servicing Activities did not have any involvement in the alleged misconduct, shareholders of Funds that received investment advisory, depository and principal underwriting services from the Applicants were not affected any differently than if those Funds had received services from any other non-affiliated investment adviser, depositor or principal underwriter.</P>

        <P>5. Applicants further represent that the inability of Applicants to continue providing Fund Servicing Activities would result in potentially severe financial hardships for both the Funds and their shareholders. Applicants state that they will distribute written materials, including an offer to meet in person to discuss the materials, to the board of directors of each Fund, including the directors who are not “interested persons,” as defined in section 2(a)(19) of the Act, of such Fund, and their independent legal counsel as defined in rule 0-1(a)(6) under the Act, if any, regarding the Injunction, any impact on the Funds, and the application. The Applicants will provide the Funds with all<PRTPAGE P="70195"/>information concerning the Injunction and the application that is necessary for the Funds to fulfill their disclosure and other obligations under the federal securities laws.</P>
        <P>6. Applicants also assert that, if the Applicants were barred from engaging in Fund Servicing Activities, the effect on their businesses and employees would be severe. The Applicants state that they have committed substantial capital and resources to establishing expertise in advising and sub-advising Funds and in support of their principal underwriting business.</P>
        <P>7. Applicants state that several Applicants and certain of their affiliates have previously received orders under section 9(c), as described in greater detail in the application.</P>
        <HD SOURCE="HD1">Applicants' Condition</HD>
        <P>Applicants agree that any order granted by the Commission pursuant to the application will be subject to the following condition:</P>
        
        <EXTRACT>
          <P>Any temporary exemption granted pursuant to the application shall be without prejudice to, and shall not limit the Commission's rights in any manner with respect to, any Commission investigation of, or administrative proceedings involving or against, Covered Persons, including without limitation, the consideration by the Commission of a permanent exemption from section 9(a) of the Act requested pursuant to the application, or the revocation or removal of any temporary exemptions granted under the Act in connection with the application.</P>
        </EXTRACT>
        <HD SOURCE="HD1">Temporary Order</HD>
        <P>The Commission has considered the matter and finds that Applicants have made the necessary showing to justify granting a temporary exemption.</P>
        <P>Accordingly,</P>
        <P>
          <E T="03">It is hereby ordered,</E>pursuant to section 9(c) of the Act, that the Applicants and the other Covered Persons are granted a temporary exemption from the provisions of section 9(a), effective forthwith, solely with respect to the Injunction, subject to the condition in the application, until the date the Commission takes final action on their application for a permanent order.</P>
        <SIG>
          <P>By the Commission.</P>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28385 Filed 11-21-12; 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. 34-68243; File No. SR-NYSE-2012-62]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Rule 123C To Add New Supplementary Material .40 To Clarify That All Times Specified in Rule 123C Are Adjusted When the Scheduled Close of Trading Is Before 4:00 p.m.</SUBJECT>
        <DATE>November 15, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that on November 6, 2012, New York Stock Exchange LLC (the “Exchange” or “NYSE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Item I below, which Item has been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act<SU>3</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>4</SU>
          <FTREF/>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)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>17 CFR 240.19b-4(f)(6).</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 NYSE Rule 123C to add new Supplementary Material .40 to clarify that all times specified in Rule 123C are adjusted when the scheduled close of trading is before 4:00 p.m. 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.<E T="03">Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</E>
        </HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Exchange proposes to amend Rule 123C to add new Supplementary Material .40 to clarify that all times specified in Rule 123C are adjusted when the scheduled close of trading is before 4:00 p.m.<SU>5</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>5</SU>The Exchange notes that parallel changes are proposed to be made to the rules of NYSE MKT LLC.<E T="03">See</E>SR-NYSEMKT-2012-63.</P>
        </FTNT>
        <P>Pursuant to Rule 51, except as may be otherwise determined by the Board of Directors as to particular days, the Exchange shall be open for the transaction of business on every business day for a 9:30 a.m. to 4:00 p.m. trading session. Each year, the Exchange announces which trading days shall have an early scheduled close. For example, for the years 2012, 2013, and 2014, the Exchange has announced an early scheduled close of 1:00 p.m. for the day after Thanksgiving, on December 24, and on July 3.<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See http://usequities.nyx.com/markets/holidays-and-hours/nyse</E>.</P>
        </FTNT>
        <P>Rule 123C specifies a number of times that are keyed off of the 4:00 p.m. closing time. For example, Rule 123C(1)(b) defines an Informational Imbalance Publication that is disseminated between 3:00 p.m. and 3:45 p.m.; Rule 123C(2) discusses order entry for MOC, LOC, and CO Orders before and after 3:45 p.m. However, these sections of the rule do not specify what happens in the case of an early scheduled close. Some subsections of Rule 123C specify what time is applicable when there is an early scheduled close. For example, Rule 123C(6)(a)(v) specifies that on any day that the scheduled close of trading on the Exchange is earlier than 4:00 p.m., the dissemination of Order Imbalance Information prior to the closing transaction will commence approximately 15 minutes before the scheduled close of trading.</P>

        <P>The Exchange notes that even if not specified, all times in Rule 123C are adjusted when there is an early scheduled close. Accordingly, the Exchange proposes to add new Supplementary Material .40 to Rule 123C to clarify that if not otherwise specified, when the scheduled close of trading is before 4:00 p.m., the times specified in the Rule shall be adjusted based on the early scheduled closing<PRTPAGE P="70196"/>time and references to 4:00 p.m. shall mean the early scheduled close, 3:00 p.m. shall mean one hour before the early scheduled close, 3:45 p.m. shall mean 15 minutes before the early scheduled close, 3:55 p.m. shall mean five minutes before the early scheduled close, and 3:58 p.m. shall mean two minutes before the early scheduled close.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The proposed rule change is consistent with Section 6(b)<SU>7</SU>
          <FTREF/>of the Securities Exchange Act of 1934 (the “Act”), in general, and furthers the objectives of Section 6(b)(5),<SU>8</SU>
          <FTREF/>in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and it is not designed to permit unfair discrimination among customers, brokers, or dealers. In particular, the Exchange believes that adding new Supplementary Material .40 to clarify that all times specified in Rule 123C are adjusted in the case of an early scheduled close removes impediments to and perfects the mechanism of a free and open market and national market system because it provides transparency in Exchange rules of how times are adjusted in Rule 123C in the case of an early scheduled close.</P>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <HD SOURCE="HD2">B.<E T="03">Self-Regulatory Organization's Statement on Burden on Competition</E>
        </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.<E T="03">Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</E>
        </HD>
        <P>No written comments were solicited or received with respect to the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Because the foregoing proposed rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act<SU>9</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <P>The Exchange asked the Commission to waive the 30-day operative delay period for non-controversial proposed rule changes to allow the proposed rule change to be operative upon filing.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>As required under Rule 19b-4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission.</P>
        </FTNT>
        <P>The Commission believes it is consistent with the public interest to waive the 30-day operative delay. Waiver of the operative delay will allow for the implementation of the amended rules prior to the next early scheduled close, November 23, 2012, which is the day after Thanksgiving, thereby providing additional clarity in the rules and reduce any potential confusion regarding how the times specified in Rule 123C are handled when there is an early scheduled close. The Commission, therefore, grants such waiver and designates the proposal operative upon filing.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>12</SU>For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation.<E T="03">See</E>15 U.S.C. 78c(f).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of 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-NYSE-2012-62 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-NYSE-2012-62. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2012-62 and should be submitted on or before December 14, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>13</SU>
            <FTREF/>
          </P>
          
          <FTNT>
            <P>
              <SU>13</SU>17 CFR 200.30-3(a)(12).</P>
          </FTNT>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28352 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70197"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-68244; File No. SR-NYSEMKT-2012-63]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE MKT Rule 123C—Equities To Add New Supplementary Material .40 To Clarify That All Times Specified in Rule 123C—Equities Are Adjusted When the Scheduled Close of Trading Is Before 4:00 p.m.</SUBJECT>
        <DATE>November 15, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that on November 6, 2012, NYSE MKT LLC (the “Exchange” or “NYSE MKT”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Item I below, which Item has been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act<SU>3</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>4</SU>
          <FTREF/>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)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>17 CFR 240.19b-4(f)(6).</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 NYSE MKT Rule 123C—Equities to add new Supplementary Material .40 to clarify that all times specified in Rule 123C—Equities are adjusted when the scheduled close of trading is before 4:00 p.m. The text of the proposed rule change is available on the Exchange's Web site at<E T="03">www.nyse.com,</E>at the principal office of the Exchange, and at the Commission's Public Reference Room.</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
        <HD SOURCE="HD3">1. Purpose</HD>
        <P>The Exchange proposes to amend NYSE MKT Rule 123C—Equities (“Rule 123C”) to add new Supplementary Material .40 to clarify that all times specified in Rule 123C are adjusted when the scheduled close of trading is before 4:00 p.m.<SU>5</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>5</SU>The Exchange notes that parallel changes are proposed to be made to the rules of New York Stock Exchange LLC.<E T="03">See</E>SR-NYSE-2012-62.</P>
        </FTNT>
        <P>Pursuant to Rule 51, except as may be otherwise determined by the Board of Directors as to particular days, the Exchange shall be open for the transaction of business on every business day for a 9:30 a.m. to 4:00 p.m. trading session. Each year, the Exchange announces which trading days shall have an early scheduled close. For example, for the years 2012, 2013, and 2014, the Exchange has announced an early scheduled close of 1:00 p.m. for the day after Thanksgiving, on December 24, and on July 3.<SU>6</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">See</E>
            <E T="03">http://usequities.nyx.com/markets/holidays-and-hours/nyse</E>.</P>
        </FTNT>
        <P>Rule 123C specifies a number of times that are keyed off of the 4:00 p.m. closing time. For example, Rule 123C(1)(b) defines an Informational Imbalance Publication that is disseminated between 3:00 p.m. and 3:45 p.m.; Rule 123C(2) discusses order entry for MOC, LOC, and CO Orders before and after 3:45 p.m. However, these sections of the rule do not specify what happens in the case of an early scheduled close. Some subsections of Rule 123C specify what time is applicable when there is an early scheduled close. For example, Rule 123C(6)(a)(v) specifies that on any day that the scheduled close of trading on the Exchange is earlier than 4:00 p.m., the dissemination of Order Imbalance Information prior to the closing transaction will commence approximately 15 minutes before the scheduled close of trading.</P>
        <P>The Exchange notes that even if not specified, all times in Rule 123C are adjusted when there is an early scheduled close. Accordingly, the Exchange proposes to add new Supplementary Material .40 to Rule 123C to clarify that if not otherwise specified, when the scheduled close of trading is before 4:00 p.m., the times specified in the Rule shall be adjusted based on the early scheduled closing time and references to 4:00 p.m. shall mean the early scheduled close, 3:00 p.m. shall mean one hour before the early scheduled close, 3:45 p.m. shall mean 15 minutes before the early scheduled close, 3:55 p.m. shall mean five minutes before the early scheduled close, and 3:58 p.m. shall mean two minutes before the early scheduled close.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The proposed rule change is consistent with Section 6(b)<SU>7</SU>
          <FTREF/>of the Securities Exchange Act of 1934 (the “Act”), in general, and furthers the objectives of Section 6(b)(5),<SU>8</SU>
          <FTREF/>in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and it is not designed to permit unfair discrimination among customers, brokers, or dealers. In particular, the Exchange believes that adding new Supplementary Material .40 to clarify that all times specified in Rule 123C are adjusted in the case of an early scheduled close removes impediments to and perfects the mechanism of a free and open market and national market system because it provides transparency in Exchange rules of how times are adjusted in Rule 123C in the case of an early scheduled close.</P>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>

        <P>No written comments were solicited or received with respect to the proposed rule change.<PRTPAGE P="70198"/>
        </P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Because the foregoing proposed rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act<SU>9</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>10</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <P>The Exchange asked the Commission to waive the 30-day operative delay period for non-controversial proposed rule changes to allow the proposed rule change to be operative upon filing.<SU>11</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>11</SU>As required under Rule 19b-4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission.</P>
        </FTNT>
        <P>The Commission believes it is consistent with the public interest to waive the 30-day operative delay. Waiver of the operative delay will allow for the implementation of the amended rules prior to the next early scheduled close, November 23, 2012, which is the day after Thanksgiving, thereby providing additional clarity in the rules and reduce any potential confusion regarding how the times specified in Rule 123C are handled when there is an early scheduled close. The Commission, therefore, grants such waiver and designates the proposal operative upon filing.<SU>12</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>

            <SU>12</SU>For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation.<E T="03">See</E>15 U.S.C. 78c(f).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of 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-NYSEMKT-2012-63 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-NYSEMKT-2012-63. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2012-63 and should be submitted on or before December 14, 2012.</FP>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>13</SU>
            <FTREF/>
          </P>
          
          <FTNT>
            <P>
              <SU>13</SU>17 CFR 200.30-3(a)(12).</P>
          </FTNT>
          <NAME>Kevin M. O'Neill,</NAME>
          <TITLE>Deputy Secretary.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28353 Filed 11-21-12; 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. 34-68254; File No. SR-NASDAQ-2012-130]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Offer the Equity Trade Journal for Clearing Firms Service and Assess a Related Fee</SUBJECT>
        <DATE>November 16, 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 15, 2012, The NASDAQ Stock Market LLC (“Nasdaq” or the “Exchange”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.</P>
        <FTNT>
          <P>
            <SU>1</SU>15 U.S.C. 78s(b)(1).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>2</SU>17 CFR 240.19b-4.</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change</HD>

        <P>Nasdaq proposes to establish the Equity Trade Journal for Clearing [sic] service, and assess a related fee. Nasdaq is proposing to implement the proposed service on November 15, 2012 and implement the proposed fee on January 2, 2013. The text of the proposed rule change is available at<E T="03">http://nasdaq.cchwallstreet.com</E>, at Nasdaq'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, Nasdaq 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<PRTPAGE P="70199"/>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>Nasdaq is proposing to offer The Equity Trade Journal for Clearing Firms (“ETJ Clearing”) service, a new service offered to clearing member firms that provides daily and ad hoc reports of correspondent trading activity associated with the subscribing member firm's clearing number.<SU>3</SU>
          <FTREF/>Specifically, the ETJ Clearing service provides a subscribing member firm a report of all trade activity done on Nasdaq, FINRA ORF, and FINRA/NASDAQ TRF on a given day, segregated by correspondent MPID.<SU>4</SU>
          <FTREF/>Daily reports are provided for trading activity occurring the prior trading day and ad hoc reports cover trading activity that occurred for a selected full day's trading. ETJ Clearing reports are stored and accessible for thirty days on NasdaqTrader.com's FTP site, and can also be downloaded and stored by the subscribing member firm so that it has a historical repository of trade information for compliance and other purposes.</P>
        <FTNT>
          <P>
            <SU>3</SU>Clearing member firms have unique clearing numbers that their correspondents use to identify the clearing firm associated with each trade.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>Member firms have at least one MPID, also known as a market participant identifier, and often multiple MPIDs. MPIDs are special identifiers used by NASDAQ to identify member firms' transaction and quoting activity. Trades assigned to an MPID may be associated with one or more clearing member firms.</P>
        </FTNT>
        <P>The ETJ Clearing service can only be accessed via NasdaqTrader.com. Nasdaq plans on offering the service at no cost beginning November 15, 2012, and to assess a monthly tiered fee, beginning January 2, 2013. The proposed ETJ Clearing service fee is divided into five tiers based on the total number of correspondent MPIDs subscribed for coverage by the service. The first tier provides daily reports for up to ten correspondent MPIDs for a monthly fee of $750, the second tier provides daily reports for eleven to twenty correspondent MPIDs for a monthly fee of $1,000, the third tier provides daily reports for twenty-one to thirty correspondent MPIDs for a monthly fee of $1,250, the fourth tier provides daily reports for thirty-one to forty correspondent MPIDs for a monthly fee of $1,500, and the fifth tier provides daily reports for forty-one or more correspondent MPIDs for a monthly fee of $1,750. As noted, the tiers are based on the total number of correspondent MPID [sic] subscribed, so for example, if a member clearing firm subscribes thirty correspondent MPIDs to the service it would be assessed a monthly fee of $1,250 per month. A member clearing firm that subscribes thirty-one correspondent MPIDs to the service, however, would be assessed a monthly fee of $1,500.</P>
        <P>The ETJ Clearing service is similar to the equity trade journal report provided under the NasdaqTrader.com Trading and Compliance Data Package service (“Data Package”).<SU>5</SU>
          <FTREF/>The Data Package service provides member firms access to multiple types of historical reports concerning a member firm's trading, including an equity trade journal report, for a fee of $175 per month (monthly maximum of 25 reports) or $225 per month (monthly maximum of 100 reports).<SU>6</SU>
          <FTREF/>Subscribers may receive any mix of the different reports provided by the Data Package. The equity trade journal report of the Data Package provides trade details for all of a market participant's trades executed on Nasdaq or reported to the FINRA/NASDAQ TRF or FINRA ORF for the date requested. The data provided by the ETJ Clearing service is similar to that of the Data Package report, but requires further segregation and arrangement of the data so that it is useful for clearing member firms. Specifically, the ETJ Clearing service includes clearing numbers, and filters the data provided by clearing number to deliver only details of trades reported using the clearing firm's dedicated clearing number. In addition, ETJ Clearing will provide potentially a higher volume of reports in relation to the data provided in the Data Package equity trade journal report because using the regular Data Package, data is only produced for one MPID per user log in. In the ETJ Clearing subscription, the clearing member firm can elect to produce several reports based on its correspondent MPIDs.</P>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Rule 7021.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>6</SU>
            <E T="03">Id.</E>
          </P>
        </FTNT>
        <P>The Exchange notes that it has a low number of clearing member firms with more than forty correspondent MPIDs registered with the Exchange at this time. Should this change, Nasdaq may file a rule change to modify the fees assessed under the tiers. The proposed fee will be applied to offset the costs associated with establishing the service, responding to customer requests, configuring Nasdaq's systems, programming to user specifications, and administering the service, among other things. To the extent that costs are covered by the proposed fee, the proposed fee may also provide Nasdaq with a profit.</P>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,<SU>7</SU>
          <FTREF/>in general, and Section 6(b)(4) of the Act,<SU>8</SU>
          <FTREF/>in particular, because 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 that Nasdaq operates or controls, and it does not unfairly discriminate between customers, issuers, brokers or dealers.<SU>9</SU>
          <FTREF/>The Exchange believes that the proposed fee does not discriminate unfairly because only member firms that voluntarily elect to subscribe to this service will be charged the fee. The Exchange also believes that the proposed fee is equitably allocated as it decreases on a per report basis with each successive tier, representing the lower incremental cost associated with providing additional reports.<SU>10</SU>
          <FTREF/>The Exchange adopted a tiered fee structure to reduce the expense that would be incurred by the Exchange if it were to bill on a per report basis, which ultimately would be borne by subscribers. The proposed fee is assessed uniformly among subscribing member firms based on the number of MPIDs subscribed and the tier under which they fall.</P>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78f.</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78f(b)(4).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>The Commission notes that this last requirement is set forth in Section 6(b)(5), 15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>10</SU>For example, assuming 20 trading days in a month, a clearing member firm that subscribes 5 correspondent MPIDs to the proposed service (the mid-point of the first tier) would pay $750 per month, or $7.50 per report ($750 divided by 100 reports). If the member were to subscribe 15 MPIDs to the proposed service (the mid-point of the second tier), it would pay $1,000 per month, or $3.33 per report ($1,000 divided by 300 reports). The per-report price declines similarly when comparing both the fewest MPIDs of each tier, as well as the top number of MPIDs of each tier.</P>
        </FTNT>

        <P>Nasdaq determined that the proposed fee is reasonable based on member firm interest in the functionality provided by the ETJ Clearing service, costs associated with developing and supporting the service, and the value that ETJ Clearing service provides to subscribing member firms. Moreover, ETJ Clearing provides data similar to that as the equity trade journal report of the Data Package, and Nasdaq has set the proposed fee similarly on a per-report basis. The information provided by ETJ Clearing service relates to the trade activity done on Nasdaq, FINRA ORF, and FINRA/NASDAQ TRF by a correspondent of the subscribing clearing member firm on a given day,<PRTPAGE P="70200"/>segregated by correspondent MPID. A clearing member firm may elect to develop its own system to capture the information provided by the proposed service. As such, the Exchange believes that if a clearing member firm determines that the fee is not cost-efficient for its needs, it may decline to subscribe to ETJ Clearing service and access such information from other sources.</P>
        <P>The Exchange also believes the proposed rule change is consistent with Section 6(b)(5) of the Act,<SU>11</SU>
          <FTREF/>which requires that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, protect investors and the public interest. The Exchange believes the proposed rule change is consistent with these requirements because the proposed service provides subscribing clearing members firms with a useful compliance tool with which they may access information concerning the trading activity of their correspondent firms. As such, the Exchange believes that the proposed service will further goals of the Act by providing subscribing clearing members firms with greater transparency with respect to clearing activity and facilitating compliance with member firm books and records obligations.</P>
        <FTNT>
          <P>
            <SU>11</SU>15 U.S.C. 78f(b)(5).</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 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>Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)<SU>12</SU>
          <FTREF/>of the Act and subparagraph (f)(6) of Rule 19b-4 thereunder.<SU>13</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>12</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>13</SU>17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of the filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.</P>
        </FTNT>
        <P>A proposed rule change filed under Rule 19b-4(f)(6)<SU>14</SU>
          <FTREF/>normally does not become operative prior to 30 days after the date of the filing. However, Rule 19b-4(f)(6)(iii)<SU>15</SU>
          <FTREF/>permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that Nasdaq may offer the ETJ for Clearing service beginning on November 15, 2012. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will provide clearing member firms with the option to obtain greater transparency with respect to their correspondent's trading activity.<SU>16</SU>
          <FTREF/>In addition, the Commission notes that the service is being offered at no charge beginning on November 15, 2012, that the service is optional, and that a service fee will not be assessed until January 2, 2013. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.</P>
        <FTNT>
          <P>
            <SU>14</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>15</SU>17 CFR 240.19b-4(f)(6)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>16</SU>For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, 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-NASDAQ-2012-130 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>
        

        <P>All submissions should refer to File Number SR-NASDAQ-2012-130. 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-NASDAQ-2012-130, and should be submitted on or before December 14, 2012.</P>
        <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. 2012-28390 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <PRTPAGE P="70201"/>
        <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
        <DEPDOC>[Release No. 34-68252; File No. SR-CBOE-2012-112]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Correct Rule Numbering Errors</SUBJECT>
        <DATE>November 16, 2012.</DATE>
        <P>Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),<SU>1</SU>
          <FTREF/>and Rule 19b-4 thereunder,<SU>2</SU>
          <FTREF/>notice is hereby given that on November 14, 2012, the Chicago Board Options Exchange, Incorporated (the “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act<SU>3</SU>
          <FTREF/>and Rule 19b-4(f)(6) thereunder.<SU>4</SU>
          <FTREF/>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)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>

        <P>CBOE proposes to correct a numbering error in CBOE Rule 12.3 that was unintentionally created. No substantive changes are proposed in this filing. The text of the proposed rule change is available on the Exchange's Web site (<E T="03">http://www.cboe.org/legal</E>), at the Exchange's Office of the Secretary, and at the Commission'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 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>In SR-CBOE-2012-043, an error was inadvertently made to the numbering of Rule 12.3 (Margin Requirements).<SU>5</SU>
          <FTREF/>In that filing, the Exchange amended Rule 12.3 to provide for universal spread margin rules and, among other changes, subparagraph (e)(1)(C) was deleted in its entirety. Subparagraph (e)(1)(D) of Rule 12.3 remained unchanged however, and was mistakenly not renumbered to account for the deletion of the previous provision. The purpose of this filing is to correct this oversight and to re-number subparagraph (e)(1)(D) to subparagraph (e)(2). No substantive changes to CBOE rules are being made by this proposal.</P>
        <FTNT>
          <P>
            <SU>5</SU>
            <E T="03">See</E>Securities Exchange Act Release No. 67752 (August 29, 2012), 77 FR 54626 (September 5, 2012).</P>
        </FTNT>
        <HD SOURCE="HD3">2. Statutory Basis</HD>
        <P>The Exchange believes that the proposed rule change is consistent with Section 6(b)<SU>6</SU>
          <FTREF/>of the Act and the rules and regulations under the Act, in general, and furthers the objectives of Section 6(b)(5),<SU>7</SU>
          <FTREF/>in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed correction will protect investors and the public interest by eliminating potential confusion that could be caused by a numbering error in CBOE's rules.</P>
        <FTNT>
          <P>
            <SU>6</SU>15 U.S.C. 78f(b).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78f(b)(5).</P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>No written comments were solicited or received with respect to the proposed rule change.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>Because the foregoing proposed rule change does not:</P>
        <P>(i) Significantly affect the protection of investors or the public interest;</P>
        <P>(ii) Impose any significant burden on competition; and</P>
        <P>(iii) Become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A)<SU>8</SU>
          <FTREF/>of the Act and Rule 19b-4(f)(6)(iii)<SU>9</SU>
          <FTREF/>thereunder.</P>
        <FTNT>
          <P>
            <SU>8</SU>15 U.S.C. 78s(b)(3)(A).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>17 CFR 240.19b-4(f)(6)(iii).</P>
        </FTNT>
        <P>A proposed rule change filed under Rule 19b-4(f)(6)<SU>10</SU>
          <FTREF/>normally does not become operative prior to 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),<SU>11</SU>
          <FTREF/>the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest, provided that the Exchange has given the Commission written notice of its intent to file the proposed rule change, together with a brief description and text of the proposed rule change, at least five business days prior to the date of its filing. The proposed rule change corrects a numbering error in CBOE Rule 12.3 and does not present any substantive issues. Further, the Exchange satisfied the five day pre-filing requirement. Accordingly, the Commission believes that waiving the 30-day operative delays is consistent with the protection of investors and the public interest and, therefore, designates the proposed rule change as operative upon filing.</P>
        <FTNT>
          <P>
            <SU>10</SU>17 CFR 240.19b-4(f)(6).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>11</SU>17 CFR 240.19b-4(f)(6)(iii).</P>
        </FTNT>
        <P>At any time within 60 days of the filing of this 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:<PRTPAGE P="70202"/>
        </P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>); or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File Number SR-CBOE-2012-112 on the subject line.</P>
        <HD SOURCE="HD2">Paper Comments</HD>
        <P>• Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.</P>
        

        <FP>All submissions should refer to File Number SR-CBOE-2012-112. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. 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.</FP>
        <P>All submissions should refer to File Number SR-CBOE-2012-112 and should be submitted on or before December 14, 2012.</P>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>12</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>12</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. 2012-28383 Filed 11-21-12; 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. 34-68253; File No. SR-ICC-2012-20]</DEPDOC>
        <SUBJECT>Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Schedule 502 of the ICC Rules to Update the Contract Reference Obligation ISIN Associated With One Single Name Contract</SUBJECT>
        <DATE>November 16, 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 5, 2012, ICE Clear Credit LLC (“ICC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II, and III below, which items have been prepared primarily by ICC. ICC filed the proposal pursuant to Section 19(b)(3)(A)(iii) of the Act<SU>3</SU>
          <FTREF/>, and Rule 19b-4(f)(3)<SU>4</SU>
          <FTREF/>thereunder so that the proposal was 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)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>4</SU>17 CFR 240.19b-4(f)(3).</P>
        </FTNT>
        <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of Terms of Substance of the Proposed Rule Change</HD>
        <P>The purpose of the proposed rule change is to update the Contract Reference Obligation International Securities Identification Number (“Contract Reference Obligation ISIN”) in Schedule 502 of the ICC Rules in order to be consistent with the industry standard reference obligation for one single name contract that ICC currently clears (Nucor Corporation).</P>
        <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>In its filing with the Commission, ICC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. ICC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.<SU>5</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>5</SU>The Commission has modified the text of the summaries prepared by ICC.</P>
        </FTNT>
        <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
        <P>ICC is updating the Contract Reference Obligation ISIN in Schedule 502 of the ICC Rules in order to be consistent with the industry standard reference obligation for one single name contract that ICC currently clears (Nucor Corporation). The Contract Reference Obligation ISIN update does not require any changes to the ICC risk management framework or the body of the ICC Rules. The only change being submitted is the update to the Contract Reference Obligation ISIN for Nucor Corporation in Schedule 502 of the ICC Rules.</P>
        <P>Section 17A(b)(3)(F) of the Act<SU>6</SU>
          <FTREF/>requires, among other things, that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts, and transactions. ICC believes that the proposed rule change is consistent with the requirements of the Act, and the rules and regulations thereunder applicable to ICC, because the update to the Contract Reference Obligation ISIN for Nucor Corporation will facilitate the prompt and accurate settlement of securities transactions and contribute to the safeguarding of securities and funds associated with swap transactions, which are in the custody or control of ICC or for which it is responsible, by ensuring that ICC's internal records are up to date and reflect accurate information concerning a product that ICC clears.</P>
        <FTNT>
          <P>
            <SU>6</SU>15 U.S.C. 78q-1(b)(3)(F).</P>
        </FTNT>
        <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
        <P>ICC does not believe that the proposed rule change will have any impact or impose any burden on competition.</P>
        <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
        <P>Written comments relating to the proposed rule change have not been solicited or received. ICC will notify the Commission of any written comments received by ICC.</P>
        <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
        <P>The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(iii)<SU>7</SU>
          <FTREF/>of the Act and Rule<PRTPAGE P="70203"/>19b-4(f)(3)<SU>8</SU>
          <FTREF/>thereunder because it is concerned solely with the administration of the self-regulatory organization. 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.<SU>9</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>7</SU>15 U.S.C. 78s(b)(3)(A)(iii).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>8</SU>17 CFR 240.19b-4(f)(3).</P>
        </FTNT>
        <FTNT>
          <P>
            <SU>9</SU>15 U.S.C. 78s(b)(3)(C).</P>
        </FTNT>
        <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
        <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
        <HD SOURCE="HD2">Electronic Comments</HD>
        <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/sro.shtml</E>), or</P>
        <P>• Send an email to<E T="03">rule-comments@sec.gov.</E>Please include File No. SR-ICC-2012-20 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-ICC-2012-20. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (<E T="03">http://www.sec.gov/rules/sro.shtml</E>). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of ICE Clear Credit and on ICE Clear Credit's Web site at<E T="03">https://www.theice.com/publicdocs/regulatory_filings/ICEClearCredit_110512.pdf.</E>
        </FP>
        <P>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-ICC-2012-20 and should be submitted on or before December 14, 2012.</P>
        <SIG>
          <P>For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.<SU>10</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>10</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. 2012-28384 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8011-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13387 and #13388]</DEPDOC>
        <SUBJECT>Rhode Island Disaster #RI-00010</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is a Notice of the Presidential declaration of a major disaster for the State of Rhode Island (FEMA-4089-DR), dated 11/14/2012.</P>
          <P>
            <E T="03">Incident:</E>Hurricane Sandy.</P>
          <P>
            <E T="03">Incident Period:</E>10/26/2012 through 10/31/2012.</P>
          <P>
            <E T="03">Effective Date:</E>11/14/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>01/15/2013.</P>
          <P>
            <E T="03">Economic Injury (Eidl) Loan Application Deadline Date:</E>08/14/2013.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit completed loan applications to: U.S. Small Business Administration Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>Notice is hereby given that as a result of the President's major disaster declaration on 11/14/2012, applications for disaster loans may be filed at the address listed above or other locally announced locations.</P>
        <P>The following areas have been determined to be adversely affected by the disaster:</P>
        
        <FP SOURCE="FP-2">
          <E T="03">Primary Counties:</E>(Physical Damage and Economic Injury Loans): Newport, Washington.</FP>
        <FP SOURCE="FP-2">
          <E T="03">Contiguous Counties:</E>(Economic Injury Loans Only):</FP>
        <FP SOURCE="FP1-2">Rhode Island: Kent.</FP>
        <FP SOURCE="FP1-2">Connecticut: New London.</FP>
        <FP SOURCE="FP1-2">Massachusetts: Bristol.</FP>
        
        <P>The Interest Rates are:</P>
        <GPOTABLE CDEF="s100,8" COLS="2" OPTS="L2,tp0,i1">
          <TTITLE/>
          <BOXHD>
            <CHED H="1"/>
            <CHED H="1">Percent</CHED>
          </BOXHD>
          <ROW>
            <ENT I="22">For Physical Damage:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Homeowners with Credit Available Elsewhere</ENT>
            <ENT>3.375</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Homeowners without Credit Available Elsewhere</ENT>
            <ENT>1.688</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses with Credit Available Elsewhere</ENT>
            <ENT>6.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses without Credit Available Elsewhere</ENT>
            <ENT>4.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations with Credit Available Elsewhere</ENT>
            <ENT>3.125</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations without Credit Available Elsewhere</ENT>
            <ENT>3.000</ENT>
          </ROW>
          <ROW>
            <ENT I="22">For Economic Injury:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Businesses &amp; Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
            <ENT>4.000</ENT>
          </ROW>
          <ROW>
            <ENT I="03">Non-Profit Organizations without Credit Available Elsewhere</ENT>
            <ENT>3.000</ENT>
          </ROW>
        </GPOTABLE>
        <P>The number assigned to this disaster for physical damage is 133878 and for economic injury is 133880.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008).</FP>
        </EXTRACT>
        <SIG>
          <NAME>Roger B. Garland,</NAME>
          <TITLE>Acting Associate Administrator for Disaster Assistance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28356 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13374 and #13375]</DEPDOC>
        <SUBJECT>New York Disaster Number NY-00131</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Amendment 1.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA-4085-DR), dated 11/03/2012.</P>
          <P>
            <E T="03">Incident:</E>Hurricane Sandy.</P>
          <P>
            <E T="03">Incident Period:</E>10/27/2012 and continuing.</P>
          <P>
            <E T="03">Effective Date:</E>11/13/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>01/02/2013.</P>
          <P>
            <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>08/05/2013.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit completed loan applications to: U.S. Small Business<PRTPAGE P="70204"/>Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of NEW YORK, dated 11/03/2012, is hereby amended to include the following areas as adversely affected by the disaster.</P>
        
        <FP SOURCE="FP-2">Primary Counties: Putnam, Sullivan, Ulster, Orange</FP>
        
        <P>All other information in the original declaration remains unchanged.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)</FP>
        </EXTRACT>
        <SIG>
          <NAME>Roger B. Garland,</NAME>
          <TITLE>Acting Associate Administrator for Disaster Assistance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28358 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <DEPDOC>[Disaster Declaration #13309 and #13310]</DEPDOC>
        <SUBJECT>West Virginia; Disaster Number WV-00029</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Amendment 1.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This is an amendment of the Presidential declaration of a major disaster for the State of West Virginia (FEMA-4071-DR), dated 09/19/2012.</P>
          <P>
            <E T="03">Incident:</E>Severe Storms and Straight-line Winds.</P>
          <P>
            <E T="03">Incident Period:</E>06/29/2012 through 07/08/2012.</P>
          <P>
            <E T="03">Effective Date:</E>10/22/2012.</P>
          <P>
            <E T="03">Physical Loan Application Deadline Date:</E>11/19/2012.</P>
          <P>
            <E T="03">EIDL Loan Application Deadline Date:</E>06/19/2013.</P>
        </SUM>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>The notice of the Presidential disaster declaration for the State of West Virginia, dated 09/19/2012 is hereby amended to include the following areas as adversely affected by the disaster:</P>
        <FP SOURCE="FP-2">
          <E T="03">Primary Counties:</E>(Physical Damage and Economic Injury Loans): Boone, Cabell, Clay, Greenbrier, Jackson, Lincoln, Mason, Mcdowell, Mercer, Mingo, Monroe, Pocahontas, Roane, Tyler, Webster, Wood</FP>
        <FP SOURCE="FP-2">
          <E T="03">Contiguous Counties:</E>(Economic Injury Loans Only):</FP>
        <FP SOURCE="FP1-2">West Virginia: Calhoun, Doddridge, Lewis, Logan, Pendleton, Pleasants, Randolph, Ritchie, Upshur, Wayne, Wetzel, Wirt</FP>
        <FP SOURCE="FP1-2">Kentucky: Martin, Pike</FP>
        <FP SOURCE="FP1-2">Ohio: Athens, Gallia, Lawrence, Meigs, Monroe, Washington</FP>
        <FP SOURCE="FP1-2">Virginia: Alleghany, Bath, Bland, Buchanan, Craig, Giles, Highland, Tazewell.</FP>
        
        <P>All other information in the original declaration remains unchanged.</P>
        
        <EXTRACT>
          <FP>(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)</FP>
        </EXTRACT>
        <SIG>
          <NAME>James E. Rivera,</NAME>
          <TITLE>Associate Administrator for Disaster Assistance.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28359 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
        <SUBJECT>Senior Executive Service: Performance Review Board Members</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>U.S. Small Business Administration.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice of Members for the FY 2012 Performance Review Board.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>Title 5 U.S.C. 4314(c)(4) requires each agency to publish notification of the appointment of individuals who may serve as members of that Agency's Performance Review Board (PRB). The following individuals have been designated to serve on the FY 2012 Performance Review Board for the U.S. Small Business Administration.</P>
          <P>1. Delorice Ford, PRB Chairperson, Assistant Administrator Hearings and Appeals</P>
          <P>2. Nicholas Coutsos, Assistant Administrator for Congressional and Legislative Affairs</P>
          <P>3. Nina Levine, Associate General Counsel for Financial Law and Lender Oversight</P>
          <P>4. Pravina Raghavan, District Director, New York District Office</P>
          <P>5. John A. Miller, Assistant Administrator for Financial Program Operations in Capital Access</P>
          <P>6. Jonathan Swain, Chief of Staff</P>
        </SUM>
        <SIG>
          <NAME>Karen G. Mills,</NAME>
          <TITLE>Administrator.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28242 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8025-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">SUSQUEHANNA RIVER BASIN COMMISSION</AGENCY>
        <SUBJECT>Commission Meeting</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Susquehanna River Basin Commission.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The Susquehanna River Basin Commission will hold its regular business meeting on December 14, 2012, in Annapolis, Maryland. Details concerning the matters to be addressed at the business meeting are contained in the<E T="02">SUPPLEMENTARY INFORMATION</E>section of this notice.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>December 14, 2012, at 8:30 a.m.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Lowe House Office Building, House of Delegates, Prince George's Delegation (Room #150), 6 Bladen Street, Annapolis, MD 21401. (The recommended parking and transportation option is to park at the Navy-Marine Corps Memorial Stadium and take the Annapolis Transit Trolley Shuttle from there—for all available parking options, see<E T="03">http://www.downtownannapolis.org/_pages/transport/tr_parking.htm.</E>)</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436.</P>
          <HD SOURCE="HD1">Opportunity To Appear and Comment</HD>

          <P>Interested parties are invited to attend the business meeting and encouraged to review the Commission's Public Meeting Rules of Conduct, which are posted on the Commission's Web site,<E T="03">www.srbc.net</E>. As identified in the public hearing notice referenced below, written comments on the Regulatory Program projects that were the subject of the public hearing, and are listed for action at the business meeting, are subject to a comment deadline of November 26, 2012. Written comments pertaining to any other matters listed for action at the business meeting may be mailed to the Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, Pennsylvania 17102-2391, or submitted electronically through<E T="03">http://www.srbc.net/pubinfo/publicparticipation.htm.</E>Any such comments mailed or electronically submitted must be received by the Commission on or before December 7, 2012, to be considered.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>

        <P>The business meeting will include actions or presentations on the following items: (1) Presentation on eel collection, stocking and research by the U.S. Fish and Wildlife Service; (2) presentation recognizing former alternate<PRTPAGE P="70205"/>Commissioner Herbert Sachs; (3) resolution concerning FY-2014 federal funding of the Susquehanna Flood Forecast and Warning System and National Streamflow Information Program; (4) Low Flow Protection Policy; (5) proposed rulemaking; (6) ratification/approval of grants; (7) administrative appeal filed by East Hempfield Township Municipal Authority; and (8) Regulatory Program projects. Projects listed for Commission action are those that were the subject of a public hearing conducted by the Commission on November 15, 2012, and identified in the notice for such hearing, which was published in 77 FR 64576, October 22, 2012.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>Pub. L. 91-575, 84 Stat. 1509<E T="03">et seq.,</E>18 CFR parts 806, 807, and 808.</P>
        </AUTH>
        <SIG>
          <DATED>Dated: November 9, 2012.</DATED>
          <NAME>Paul O. Swartz,</NAME>
          <TITLE>Executive Director.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28355 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 7040-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <DEPDOC>[Docket No. FHWA-2012-0112]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Request for Comments for a New Information Collection</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the<E T="04">Federal Register</E>by the Paperwork Reduction Act of 1995.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Please submit comments by January 22, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by DOT Docket ID 2012-0112 by any of the following methods:</P>
          <P>
            <E T="03">Web Site:</E>For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to<E T="03">http://www.regulations.gov.</E>Follow the online instructions for submitting comments.</P>
          <P>
            <E T="03">Fax:</E>1-202-493-2251.</P>
          <P>
            <E T="03">Mail:</E>Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.</P>
          <P>
            <E T="03">Hand Delivery or Courier:</E>U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Rosemary Jones, 202-366-2042, Office of Real Estate Services, Federal Highway Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>
          <E T="03">Title:</E>State Right-of-Way Operations Manuals.</P>
        <P>
          <E T="03">Background:</E>It is the responsibility of each State Department of Transportation (State) to acquire, manage and dispose of real property in compliance with the legal requirements of State and Federal laws and regulations. Part of providing assurance of compliance is to describe in a right-of-way procedural (operations) manual the organization, policies and procedures of the State to such an extent that these guide State employees, local acquiring agencies, and contractors who acquire and manage real property that is used for a federally funded transportation project. Procedural manuals assure the FHWA that the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) will be met. The State responsibility to prepare and maintain an up-to-date right-of-way procedural manual is set out in 23 CFR 710.201(c). The regulation allows States flexibility in determining how to meet the manual requirement. This flexibility allows States to prepare manuals in the format of their choosing, to the level of detail necessitated by State complexities. Each State decides how it will provide service to individuals and businesses affected by Federal or federally-assisted projects, while at the same time reducing the burden of government regulation. States are required to update manuals to reflect changes in Federal requirements for programs administered under Title 23 U.S.C. The State manuals may be submitted to FHWA electronically or made available by posting on the State Web site.</P>
        <P>
          <E T="03">Respondents:</E>52 State Departments of Transportation, including the District of Columbia and Puerto Rico.</P>
        <P>
          <E T="03">Frequency:</E>Annually.</P>
        <P>
          <E T="03">Estimated Average Burden per Response:</E>75 hours per respondent.</P>
        <P>
          <E T="03">Estimated Total Annual Burden Hours:</E>75 hours for each of the 52 State Departments of Transportation. The total is 3,900 burden hours annually.</P>
        <P>
          <E T="03">Public Comments Invited:</E>You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA's performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48.</P>
        </AUTH>
        <SIG>
          <DATED>Issued On: November 19, 2012.</DATED>
          <NAME>Victoria Scott,</NAME>
          <TITLE>Business Operations Group Manager, Information Technology Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28450 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <DEPDOC>[Docket No. FHWA-2012-0113]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities: Request for Comments for a New Information Collection</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice and request for comments.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>

          <P>The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under<E T="02">SUPPLEMENTARY INFORMATION</E>. We are required to publish this notice in the<E T="04">Federal Register</E>by the Paperwork Reduction Act of 1995.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Please submit comments by January 22, 2013.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>
          <P>You may submit comments identified by DOT Docket ID 2012-0113 by any of the following methods:</P>
          <P>
            <E T="03">Web site:</E>For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to<E T="03">http://www.regulations.gov.</E>Follow the online instructions for submitting comments.</P>
          <P>
            <E T="03">Fax:</E>1-202-493-2251.</P>
          <P>
            <E T="03">Mail:</E>Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.<PRTPAGE P="70206"/>
          </P>
          <P>
            <E T="03">Hand Delivery or Courier:</E>U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Joyce Gottlieb, 202-366-3664, Office of Civil Rights, Federal Highway Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>
          <E T="03">Title:</E>Federal-Aid Highway Construction Equal Employment Opportunity.</P>
        <P>
          <E T="03">Background:</E>Title 23, Part 140(a), requires the FHWA to ensure equal opportunity regarding contractors' employment practices on Federal-aid highway projects. To carry out this requirement, the contractors must submit to the State Transportation Agencies (STAs) on all work being performed on Federal-aid contracts during the month of July, a report on its employment workforce data. This report provides the employment workforce data on these contracts and includes the number of minorities, women, and non-minorities in specific highway construction job categories. This information is reported on Form PR-1391, Federal-Aid Highway Construction Contractors Summary of Employment Data. The statute also requires the STAs to submit a report to the FHWA summarizing the data entered on the PR-1391 forms. This summary data is provided on Form PR-1392, Federal-Aid Highway Construction Contractors Summary of Employment Data. The STAs and FHWA use this data to identify patterns and trends of employment in the highway construction industry, and to determine the adequacy and impact of the STA's and FHWA's contract compliance and on-the-job (OJT) training programs. The STAs use this information to monitor the contractors-employment and training of minorities and women in the traditional highway construction crafts. Additionally, the data is used by FHWA to provide summarization, trend analyses to Congress, DOT, and FHWA officials as well as others who request information relating to the Federal-aid highway construction EEO program. The information is also used in making decisions regarding resource allocation; program emphasis; marketing and promotion activities; training; and compliance efforts.</P>
        <P>
          <E T="03">Respondents:</E>11,077 annual respondents for form PR-1391, and 52 STAs annual respondents for Form PR-1392, total of 11,129.</P>
        <P>
          <E T="03">Frequency:</E>Annually.</P>
        <P>
          <E T="03">Estimated Average Burden per Response:</E>FHWA estimates it takes 30 minutes for Federal-aid contractors to complete and submit Form PR-1391 and 8 hours for STAs to complete and submit Form PR-1392.</P>
        <P>
          <E T="03">Estimated Total Amount Burden Hours:</E>Form PR-1391- 5,539 hours per year;<E T="03">Form PR-1392-</E>416 hours per year, total of 5,955 hours annually.</P>
        <P>
          <E T="03">Public Comments Invited:</E>You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA's performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48.</P>
        </AUTH>
        <SIG>
          <DATED>Issued On: November 19, 2012.</DATED>
          <NAME>Victoria Scott,</NAME>
          <TITLE>Business Operations Group Manager, Information Technology Division.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28448 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Federal Highway Administration</SUBAGY>
        <SUBJECT>Notice of Final Federal Agency Actions on Proposed Highway in California</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Federal Highway Administration (FHWA), DOT.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice; correction.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>This notice corrects an error in the FHWA notice published on October 10, 2012, at 77 FR 61654. That notice provided an incorrect reference to a statute of limitations timeframe, and an incorrect date.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>This notice is effective November 23, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Manuel E. Sánchez, Senior Transportation Engineer/Border Engineer, Federal Highway Administration—California Division, 401 B Street, Suite 800, San Diego, CA 92101, Regular Office Hours: 6:30 a.m. to 4:00 p.m., Telephone: (619) 699- 7336, Email:<E T="03">manuel.sanchez@dot.gov,</E>or Bruce L. April, Deputy District Director—Environmental, Caltrans District 11, 4050 Taylor Street, MS 242, San Diego, CA 92110, Regular Office Hours: 8:00 a.m. to 5:00 p.m., Telephone: (619) 688-0100, Email:<E T="03">Bruce</E>_<E T="03">April@dot.ca.gov.</E>
          </P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P>On October 10, 2012, at 77 FR 61654, the FHWA published a notice regarding actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed State Route 11 and Otay Mesa East Land Port of Entry project in the City and County of San Diego, State of California.</P>

        <P>The original notice indicated that claims seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 8, 2013, which represents 180 days after publication in the<E T="04">Federal Register</E>. However, the recently enacted “Moving Ahead for Progress in the 21st Century Act” (MAP-21) (Sec. 1308, Pub. L. 112-141, 126 STAT. 405), amended 23 U.S.C. 139(l)(1) as of October 1, 2012, to provide that any claim seeking judicial review of the Federal agency actions on a highway project is barred unless the claim is filed 150 days after publication of a notice in the<E T="04">Federal Register</E>. As such, any claim seeking judicial review of the above referenced highway project will be barred unless the claim is filed on or before March 9, 2013. Also, if the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies.</P>
        <AUTH>
          <HD SOURCE="HED">Authority:</HD>
          <P>23 U.S.C. 139(l); Sec. 1308, Pub. L. 112-141, 126 Stat. 405.</P>
        </AUTH>
        <SIG>
          <NAME>Vincent P. Mammano,</NAME>
          <TITLE>Division Administrator, Federal Highway Administration, Sacramento, California.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28409 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-22-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Surface Transportation Board</SUBAGY>
        <DEPDOC>[Docket No. FD 35692]</DEPDOC>
        <SUBJECT>Eastside Community Rail, LLC; Acquisition and Operation Exemption; GNP RLY, Inc.</SUBJECT>

        <P>Eastside Community Rail, LLC (ECR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, pursuant to an Asset Purchase Agreement dated September 5, 2012,<PRTPAGE P="70207"/>between ECR and the Bankruptcy Trustee for GNP RLY, Inc. (GNP), all of GNP's assets, lease and operating rights including,<E T="03">inter alia,</E>all assets and operating agreements pertaining to a line of railroad (the Line)<SU>1</SU>
          <FTREF/>between approximately milepost 23.8 southwest of Woodinville and approximately milepost 38.25 in Snohomish, a distance of 14.45 miles, in King and Snohomish Counties, Wash.<SU>2</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>1</SU>Those rights encompass all of GNP's assets and operating agreements pertaining to the Line, including, but not limited to, the following: All of GNP's rights and interests under the Railroad Right-of-Way License between Port of Seattle and GNP, dated on or about December 18, 2009; all of GNP's rights and interests under the Operations Maintenance Agreement between the Port of Seattle and GNP, dated on or about December 18, 2009; all of GNP's rights and interests under the Running Rights and Railway Operations Agreement dated May 23, 2008 between GNP and Snohomish County; all of GNP's rights and interests in all real property and easements described in Quit Claim Deeds recorded under Snohomish County AF 20091218001535, 20091218001536, 20091218001537, 20091218001538, 20091218001539, 20091218001540 and King County AF 200912201438 and 20091220439; and all car hire agreements and interchange agreements.</P>
        </FTNT>
        <FTNT>
          <P>

            <SU>2</SU>The Line previously was owned by BNSF Railway Company (BNSF). GNP was granted authority to acquire from BNSF an exclusive freight rail operating easement for operations on the Line in<E T="03">GNP Rly Inc.—Acquisition &amp; Operation Exemption—BNSF Railway,</E>FD 35213 (STB served Feb. 13, 2009). In 2011, GNP filed for bankruptcy in the United States Bankruptcy Court for the Western District of Washington.</P>
        </FTNT>
        <P>ECR states that, pending the closing of the transaction, ECR and Ballard Terminal Railroad Company (Ballard) entered into an Interim Operating Agreement with the Bankruptcy Trustee of GNP in which ECR will manage the assets of GNP and Ballard will continue to operate the Line in the same fashion that it did while operating the Line for GNP.<SU>3</SU>
          <FTREF/>
        </P>
        <FTNT>
          <P>
            <SU>3</SU>GNP indicates that Ballard has been operating the Line for several years as an agent of GNP. ECR states that it will be a non-operating common carrier on the Line, and that, once ECR acquires the Line, it will either sublease rights on the Line to Ballard or utilize Ballard as its agent for rail operations on the Line.</P>
        </FTNT>
        <P>ECR states that it plans to consummate the transaction on or after December 8, 2012. Unless stayed, the effective date of the exemption will be December 7, 2012 (30 days after the verified notice was filed).</P>
        <P>ECR certifies that its projected annual revenues as a result of this transaction will not exceed $5 million and will not result in the creation of a Class II or Class I rail carrier.</P>

        <P>If the verified notice contains false or misleading information, the exemption is void<E T="03">ab initio.</E>Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than November 30, 2012 (at least 7 days before the exemption becomes effective).</P>
        <P>An original and 10 copies of all pleadings, referring to Docket No. FD 35692, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Myles L. Tobin, Fletcher &amp; Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.</P>

        <P>Board decisions and notices are available on our Web site at “<E T="03">www.stb.dot.gov.</E>”</P>
        <SIG>
          <DATED>Decided: November 19, 2012.</DATED>
          <P>By the Board, Rachel D. Campbell, Director, Office of Proceedings.</P>
          <NAME>Derrick A. Gardner,</NAME>
          <TITLE>Clearance Clerk.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28391 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4915-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <DATE>November 19, 2012.</DATE>
        <P>The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments should be received on or before December 24, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

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

          <P>Copies of the submission(s) may be obtained by calling (202) 927-5331, email at<E T="03">PRA@treasury.gov</E>, or the entire information collection request may be found at<E T="03">www.reginfo.gov.</E>
          </P>
          <HD SOURCE="HD1">Terrorism Risk Insurance Program</HD>
          <P>
            <E T="03">OMB Number:</E>1505-0207.</P>
          <P>
            <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Recoupment Provisions of the Terrorism Risk Insurance Act (TRIA).</P>
          <P>
            <E T="03">Form:</E>TRIP 04A &amp; 04B.</P>
          <P>
            <E T="03">Abstract:</E>Section 103(e) of the Terrorism Risk Insurance Act of 2002 gives Treasury authority to recoup federal payments made under the Program through policyholder surcharges, up to a maximum annual limit. The Secretary is required to provide for insurers to collect these amounts and remit them to Treasury. In order to determine how and when to initiate the recoupment process Treasury will require information about industry aggregate total insured losses, insurer deductibles and reserves and may need to issue a “data call” to supplement existing industry reporting. If recoupment is initiated, insurers will be required to report and remit the Federal Terrorism Policy Surcharge. Treasury will require access to all books, documents, papers and records of an insurer that are pertinent to the Surcharge for the purpose of investigation, confirmation, audit and examination. The record keeping and reporting requirements will arise only after Treasury has initiated the recoupment process.</P>
          <P>
            <E T="03">Affected Public:</E>Private Sector: Businesses or other for-profits.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>121,000.</P>
          
          <P>
            <E T="03">OMB Number:</E>1505-0208.</P>
          <P>
            <E T="03">Type of Review:</E>Extension without change of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Terrorism Risk Insurance Program Cap on Annual Liability.</P>
          <P>
            <E T="03">Form:</E>TRIP 05.</P>
          <P>
            <E T="03">Abstract:</E>Section 103 of the Terrorism Risk Insurance Act of 2002 (the Act), as amended by the Reauthorization Act, sets a limit on the annual liability for insured losses at $100 billion. This section requires the Secretary of the Treasury to notify Congress not later than 15 days after the date of an act of terrorism as to whether aggregate insured losses are estimated to exceed the cap. The Act, as amended, also requires the Secretary to determine the pro rata share of insured losses under the Program when insured losses exceed the cap, and to issue regulations for carrying this out. In order to meet these requirements, Treasury may need to obtain loss information from involved insurers. This would be accomplished by the issuance of a “data call” to ascertain insurer losses. In the event of the imposition on insurers of a “pro rata loss percentage”, it will be necessary to determine compliance when processing insurer claims for payment of the Federal share of compensation.<PRTPAGE P="70208"/>
          </P>
          <P>
            <E T="03">Affected Public:</E>Private Sector: Businesses or other for-profits.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>1,000.</P>
          <SIG>
            <NAME>Dawn D. Wolfgang,</NAME>
            <TITLE>Treasury PRA Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28388 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-25-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <DATE>November 19, 2012.</DATE>
        <P>The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments should be received on or before December 24, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

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

          <P>Copies of the submission(s) may be obtained by calling (202) 927-5331, email at<E T="03">PRA@treasury.gov</E>, or the entire information collection request maybe found at<E T="03">www.reginfo.gov.</E>
          </P>
          <HD SOURCE="HD1">Financial Management Service (FMS)</HD>
          <P>
            <E T="03">OMB Number:</E>1510-0056.</P>
          <P>
            <E T="03">Type of Review:</E>Extension without change of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>ACH Vendor/Miscellaneous Payment Enrollment Form.</P>
          <P>
            <E T="03">Form:</E>SF-3881.</P>
          <P>
            <E T="03">Abstract:</E>Payment data will be collected from vendors doing business with the Federal Government. The Treasury Department, Financial Management Service, will use the information to electronically transmit payments to vendor's financial institutions.</P>
          <P>
            <E T="03">Affected Public:</E>Private Sector: Businesses or other for-profits, Not-for-profit institutions.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>17,500.</P>
          <SIG>
            <NAME>Dawn D. Wolfgang,</NAME>
            <TITLE>Treasury PRA Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28423 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-35-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
        <DATE>November 19, 2012.</DATE>
        <P>The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.</P>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments should be received on or before December 24, 2012 to be assured of consideration.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

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

          <P>Copies of the submission(s) may be obtained by calling (202) 927-5331, email at<E T="03">PRA@treasury.gov,</E>or the entire information collection request maybe found at<E T="03">www.reginfo.gov</E>.</P>
          <HD SOURCE="HD1">Bureau of the Public Debt (BPD)</HD>
          <P>
            <E T="03">OMB Number:</E>1535-0063.</P>
          <P>
            <E T="03">Type of Review:</E>Revision of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>Request for Payment of Reissue of U.S. Savings Bonds Deposited in Safekeeping.</P>
          <P>
            <E T="03">Form:</E>PD F 4239.</P>
          <P>
            <E T="03">Abstract:</E>The information is necessary to request payment or reissue of Savings Bonds/Notes held in safekeeping when original safekeeping custody receipts are not available. The information on the form is used by the Department of the Treasury, Bureau of the Public Debt, to identify the securities involved, establish entitlement, and to obtain a certified request for payment or reissue. Without the information, the transaction cannot be completed.</P>
          <P>
            <E T="03">Affected Public:</E>Individuals or Households.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>1,500.</P>
          
          <P>
            <E T="03">OMB Number:</E>1535-0138.</P>
          <P>
            <E T="03">Type of Review:</E>Extension without change of a currently approved collection.</P>
          <P>
            <E T="03">Title:</E>TreasuryDirect.</P>
          <P>
            <E T="03">Form:</E>PD F 5512, 5444, 5446, 5511.</P>
          <P>
            <E T="03">Abstract:</E>The information is requested to establish a new TreasuryDirect account and process transactions.</P>
          <P>
            <E T="03">Affected Public:</E>Individuals or Households.</P>
          <P>
            <E T="03">Estimated Total Burden Hours:</E>96,768.</P>
          <SIG>
            <NAME>Dawn D. Wolfgang,</NAME>
            <TITLE>Treasury PRA Clearance Officer.</TITLE>
          </SIG>
        </FURINF>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28429 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-39-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
        <SUBAGY>Office of the Secretary</SUBAGY>
        <SUBJECT>Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending November 10, 2012</SUBJECT>
        <P>The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.</P>
        <P>
          <E T="03">Docket Number:</E>DOT-OST-2012-0191.</P>
        <P>
          <E T="03">Date Filed:</E>November 5, 2012.</P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>November 26, 2012.</P>
        <P>
          <E T="03">Description:</E>Application of Anguilla Air Services Ltd. requesting a foreign air carrier permit and exemption authority to engage in charter foreign air transportation of persons, property and mail, between points in the British Virgin Islands and the United States.</P>
        
        <P>
          <E T="03">Docket Number:</E>DOT-OST-2012-0192.</P>
        <P>
          <E T="03">Date Filed:</E>November 7, 2012.<PRTPAGE P="70209"/>
        </P>
        <P>
          <E T="03">Due Date for Answers, Conforming Applications, or Motion to Modify Scope:</E>November 28, 2012.</P>
        <P>
          <E T="03">Description:</E>Application of BH AIR Ltd. (“BH AIR”) requesting a foreign air carrier permit and an exemption authorizing BH AIR to conduct operations to and from the  United States to the full extent authorized by the United States-European Union Air TransportationAgreement (“U.S.-E.U. Agreement”), including authority to engage in: (i) Scheduledand charter foreign air transportation of persons, property, cargo and mail from any point(s) behind any Member State(s) of the European Community, via any point(s) in any Member State(s) and via intermediate points to any point(s) in the United States and beyond; (ii) scheduled and charter foreign air transportation of persons, property, cargo and mail between any point(s) in the United States and any point(s) in any member of the European Common Aviation Area; (iii) other charters pursuant to the prior approval requirements; and (iv) transportation authorized by any additional route or other right(s) made available to European Community carriers in the future.</P>
        <SIG>
          <NAME>Barbara J. Hairston,</NAME>
          <TITLE>Acting Program Manager, Docket Operations, Federal Register Liaison.</TITLE>
        </SIG>
      </PREAMB>
      <FRDOC>[FR Doc. 2012-28398 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4910-9X-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY</AGENCY>
        <SUBAGY>Office of Foreign Assets Control</SUBAGY>
        <SUBJECT>Designation of Seven Entities Pursuant to Executive Order 13448 or Executive Order 13464 and Amendment of an Existing Specially Designated National Listing</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Foreign Assets Control, Treasury.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>The Treasury Department's Office of Foreign Assets Control (“OFAC”) is publishing the names of seven entities whose property and interests in property are blocked pursuant to Executive Order 13464 of April 30, 2008 (“Blocking Property and Prohibiting Certain Transactions Related to Burma”) (“E.O. 13464”) or Executive Order 13448 of October 18, 2007 (“Blocking Property and Prohibiting Certain Transactions Related to Burma”) (“E.O. 13448”). OFAC is also amending the listing of a person whose property and interests in property were previously blocked.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>The designation by the Director of OFAC of the seven entities named in this notice, pursuant to E.O. 13464 or E.O. 13448, and the amendment to an existing listing are effective November 16, 2012.</P>
        </DATES>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
          <P>Assistant Director for Sanctions Compliance and Evaluation,Office of Foreign Assets Control,Department of the Treasury,Washington, DC 20220, Tel.: 202/622-2490.</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <HD SOURCE="HD1">Electronic and Facsimile Availability</HD>

        <P>This document and additional information concerning OFAC are available from OFAC's Web site (<E T="03">www.treasury.gov/ofac</E>) or via facsimile through a 24-hour fax-on-demand service, Tel.: 202/622-0077.</P>
        <HD SOURCE="HD1">Background</HD>

        <P>On October 18, 2007, President George W. Bush signed E.O. 13448 pursuant to,<E T="03">inter alia,</E>the International Emergency Economic Powers Act (50 U.S.C. 1701<E T="03">et seq.</E>) (IEEPA). In E.O. 13448, President George W. Bush expanded the national emergency declared in Executive Order 13047 of May 20, 1997, and took additional steps with respect to the Government of Burma's continued repression of the democratic opposition. The President identified twelve individuals and entities in the Annex to E.O. 13448.</P>
        <P>Section 1 of E.O. 13448 blocks, with certain exceptions, all property and interests in property that are in, or thereafter come within, the United States, or within the possession or control of United States persons, of the persons listed in the Annex to E.O. 13448, as well as those persons determined by the Secretary of the Treasury, after consultation with the Secretary of State, to satisfy any of the criteria set forth in subparagraphs (b)(i)-(b)(vi) of Section 1 of E.O. 13448.</P>
        <P>On November 16, 2012, the Director of OFAC, after consultation with the Department of State, designated, pursuant to one or more of the criteria set forth in Section 1 subparagraphs (b)(i)-(b)(vi) of E.O. 13448, the following four entities, whose names have been added to the list of Specially Designated Nationals and Blocked Persons and whose property and interests in property are blocked pursuant to E.O. 13448:</P>
        <EXTRACT>
          
          <P>1. GOLD ENERGY CO. LTD., No. 74 Lan Thit Road, Insein Township, Rangoon, Burma; Taungngu (Tungoo) Branch, Karen State, Burma [BURMA].</P>
          <P>2. GOLD OCEAN PTE LTD, 101 Cecil Street #08-08, Tong Eng Building, Singapore 069533, Singapore; 1 Scotts Road, #21-07/08 Shaw Centre, Singapore 228208, Singapore [BURMA].</P>
          <P>3. GREAT SUCCESS PTE. LTD., 1 Scotts Road, #21/07-08 Shaw Centre, Singapore, 228208, Singapore; 101 Cecil Street #08-08, Tong Eng Building, Singapore, 069533, Singapore [BURMA].</P>
          <P>4. GREEN LUCK TRADING COMPANY (a.k.a. GREEN LUCK TRADING COMPANY LIMITED), No. 61/62 Bahosi Development, Wadan Street, Lanmadaw Township, Rangoon, Burma; No. 74 Lan Thit Street, Insein Township, Rangoon, Burma [BURMA].</P>
        </EXTRACT>
        

        <P>On April 30, 2008, President George W. Bush signed E.O. 13464, pursuant to,<E T="03">inter alia,</E>the International Emergency Economic Powers Act (50 U.S.C. 1701<E T="03">et seq.</E>). In E.O. 13464, President George W. Bush took additional steps with respect to the national emergency declared in Executive Order 13047 of May 20, 1997 and expanded in E.O. 13448.</P>
        <P>Section 1 of E.O. 13464 blocks, with certain exceptions, all property and interests in property that are in, or thereafter come within, the United States, or within the possession or control of any United States person, of the persons listed in the Annex to E.O. 13464, as well as those persons determined by the Secretary of the Treasury, after consultation with the Secretary of State, to satisfy any of the criteria set forth in subparagraphs (b)(i)-(b)(iii) of Section 1 of E.O. 13464.</P>
        <P>On November 16, 2012, the Director of OFAC, after consultation with the Department of State, designated, pursuant to one or more of the criteria set forth in Section 1, subparagraphs (b)(i)-(b)(iii) of E.O. 13464, the following three entities, whose names have been added to the list of Specially Designated Nationals and Blocked Persons and whose property and interests in property are blocked pursuant to E.O. 13464:</P>
        
        <EXTRACT>
          <P>1. ASIA PIONEER IMPEX PTE. LTD., 10 Anson Road, #23-16 International Plaza, Singapore 079903, Singapore [BURMA].</P>
          <P>2. TERRESTRIAL PTE. LTD., 3 Raffles Place, #06-01 Bharat Building, Singapore 048617, Singapore; 10 Anson Road, #23-16 International Plaza, Singapore 079903, Singapore [BURMA].</P>
          <P>3. ASIA GREEN DEVELOPMENT BANK (a.k.a. AGD BANK), 168 Thiri Yatanar Shopping Complex, Zabu Thiri Township, Nay Pyi Taw, Burma; 73/75 Sule Pagoda Road, Pabedan Township, Yangon, Burma; SWIFT/BIC AGDB MM MY [BURMA].</P>
          
        </EXTRACT>
        <P>OFAC is also amending the Golden Aaron Pte. Ltd. listing on the Department of the Treasury's List of Specially Designated Nationals and Blocked Persons. The entry has been amended as:</P>
        
        <EXTRACT>

          <P>GOLDEN AARON PTE. LTD. (a.k.a. CHINA FOCUS DEVELOPMENT; a.k.a. CHINA<PRTPAGE P="70210"/>FOCUS DEVELOPMENT LIMITED; a.k.a. CHINA FOCUS DEVELOPMENT LTD.), 3 Shenton Way, 10-01, Shenton House, Singapore 068805, Singapore; 101 Cecil Street, 08-08 Tong Eng Building, Singapore 069533, Singapore; China; Unit 2612A, Kuntai International Center, No. 12 Chaowai Street, Chaoyang District, Beijing 100020, China [BURMA] [JADE]</P>
          
        </EXTRACT>
        <SIG>
          <DATED>Dated: November 16, 2012.</DATED>
          <NAME>Adam J. Szubin,</NAME>
          <TITLE>Director, Office of Foreign Assets Control.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28360 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <DEPDOC>[OMB Control No. 2900-0001]</DEPDOC>
        <SUBJECT>Agency Information Collection (Veteran's Application for Compensation and/or Pension): Activity Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Veterans Benefits Administration, Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments on the collection of information through<E T="03">www.Regulations.gov</E>or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to “OMB Control No. 2900-0001” in any correspondence.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7492 Fax (202) 632-7583 or email<E T="03">crystal.rennie@va.gov</E>. Please refer to “OMB Control No. 2900-0001.”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P>
          <E T="03">Titles:</E>
        </P>
        <P>a. Veteran's Application for Compensation and/or Pension, VA Form 21-526.</P>
        <P>b. Veteran's Supplemental Claim Application, VA Form 21-526b.</P>
        <P>c. Authorization and Consent Release Information to the Department of Veterans Affairs (VA), VA Form 21-4142.</P>
        <P>
          <E T="03">OMB Control Number:</E>2900-0001.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Abstracts:</E>
        </P>
        <P>a. Veterans complete VA Form 21-526 to initially apply for compensation and/or pension benefits.</P>
        <P>b. Veterans who previously filed a claim using VA Form 21-526, and who wish to request an increase in a service connected condition, reopen their claim for a previously denied claim, and/or file a claim for a new service-connected condition must complete VA Form 21-526b. VA Form 21-526b will be used for supplemental disability or ancillary benefit claims.</P>
        <P>c. Veterans who need VA's assistance in obtaining non-VA medical records must complete VA Form 21-4142.</P>

        <P>An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The<E T="04">Federal Register</E>Notice with a 60-day comment period soliciting comments on this collection of information was published on September 13, 2012, at pages 56710-56711.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Estimated Annual Burden:</E>
        </P>
        <P>a. VA Form 21-526—391,708.</P>
        <P>b. VA Form 21-526b—50,000.</P>
        <P>c. VA Form 21-4142—823.</P>
        <P>
          <E T="03">Estimated Average Burden Per Respondent:</E>
        </P>
        <P>a. VA Form 21-526—1 hour.</P>
        <P>b. VA Form 21-526b—15 minutes.</P>
        <P>b. VA Form 21-4142—5 minutes.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>
        </P>
        <P>a. VA Form 21-526—391,708.</P>
        <P>b. VA Form 21-526b—200,000.</P>
        <P>c. VA Form 21-4142—3,292.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <P>By direction of the Secretary.</P>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director, Office of Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28445 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <DEPDOC>[OMB Control No. 2900-0741]</DEPDOC>
        <SUBJECT>Agency Information Collection (VA Subcontracting Report for Service Disabled Veteran-owned Small Business and Veteran-owned Small Business Concerns) Activities Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Office of Small and Disadvantaged Business Utilization, Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Small and Disadvantaged Business Utilization (OSDBU), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments on the collection of information through<E T="03">www.Regulations.gov;</E>or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to “OMB Control No. 2900-0741” in any correspondence.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7492, fax (202) 632-7583 or email<E T="03">crystal.rennie@va.gov.</E>Please refer to “OMB Control No. 2900-0741.”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>VA Subcontracting Report for Service Disabled Veteran-owned Small Business and Veteran-owned Small Business Concerns, VA Form 0896a.</P>
        <P>
          <E T="03">OMB Control Number:</E>2900-0741.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a previously approved collection.</P>
        <P>
          <E T="03">Abstract:</E>VA Form 0896a will be used to collect information from subcontractors to compare information obtained from subcontracting plans submitted by prime contractors in order to determine the accuracy of the data reported by prime contractors.</P>

        <P>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<PRTPAGE P="70211"/>control number. The<E T="04">Federal Register</E>Notice with a 60-day comment period soliciting comments on this collection of information was published on September 13, 2012, at page 56709-56710.</P>
        <P>
          <E T="03">Affected Public:</E>Business or other for-profit.</P>
        <P>
          <E T="03">Estimated Annual Burden:</E>646 hours.</P>
        <P>
          <E T="03">Estimated Average Burden per Respondent:</E>2 Hours.</P>
        <P>
          <E T="03">Frequency of Response:</E>One time.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>323.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <P>By direction of the Secretary.</P>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director, Office of Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28446 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <DEPDOC>[OMB Control No. 2900-0744]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities (Call Center Satisfaction Survey) Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Veterans Benefits Administration, Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Benefits Administration, Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments on the collection of information through<E T="03">www.Regulations.gov;</E>or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to “OMB Control No. 2900-0744” in any correspondence.</P>
          <P>
            <E T="03">For Further Information or a Copy of the Submission Contact:</E>Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7492, FAX (202) 632-7583 or email:<E T="03">crystal.rennie@va.gov</E>. Please refer to “OMB Control No. 2900-0744.”</P>
        </ADD>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>VBA Call Center Satisfaction Survey.</P>
        <P>
          <E T="03">OMB Control Number:</E>2900-0744.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Abstract:</E>VBA maintains a commitment to improve the overall quality of service for Veterans. Feedback from Veterans regarding their recent experience to the VA call centers will provide VBA with three key benefits to: (1) Identify what is most important to Veterans; (2) determine what to do to improve the call center experience; and (3) serve to guide training and/or operational activities aimed at enhancing the quality of service provided to Veterans and active duty personnel.</P>

        <P>An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The<E T="04">Federal Register</E>Notice with a 60-day comment period soliciting comments on this collection of information was published on September 13, 2012, at page 56710.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Estimated Annual Burden:</E>3,600 hours.</P>
        <P>
          <E T="03">Estimated Average Burden per Respondent:</E>6 minutes.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>36,000.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <P>By direction of the Secretary.</P>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director, Office of Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28447 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <DEPDOC>[OMB Control No. 2900-New (NCA Emerging Burial Survey Needs)]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities Under OMB Review</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>National Cemetery Administration, Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-21), this notice announces that the National Cemetery Administration (NCA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments on the collection of information through<E T="03">www.Regulations.gov;</E>or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to “OMB Control No. 2900-New (NCA Emerging Burial Survey Needs) in any correspondence.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7492, FAX (202) 632-7583 or email:<E T="03">crystal.rennie@va.gov</E>. Please refer to “OMB Control No. 2900-New (NCA Emerging Burial Survey Needs).”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P/>
        <P SOURCE="NPAR">
          <E T="03">Titles:</E>NCA Emerging Burial Survey Needs.</P>
        <P>a. 2012 Veterans Burial Benefits Survey</P>
        <P>b. Focus Group</P>
        <P>c. New and Emerging Burial Practices Study: Structured Interview Guide.</P>
        <P>
          <E T="03">OMB Control Number:</E>2900-New (NCA Emerging Burial Survey Needs).</P>
        <P>
          <E T="03">Type of Review:</E>New data collection.</P>
        <P>
          <E T="03">Abstract:</E>NCA has over the past several years made significant efforts to evaluate its burial program. In 2008, NCA completed the first comprehensive evaluation of its burial benefits program, which included a nation-wide survey of Veterans that, among other things, assessed the reasons that Veterans choose—or do not choose—burial in a national cemetery. Although the survey assessed what types of interment practices were currently available through NCA and evaluated Veterans' preferences for existing interment practices, it did not determine Veterans' preferences for interment options that were beyond what was currently offered by VA at that time. NCA now seeks to both update the their understanding of the Veterans' satisfaction with NCA's current services, and to understand what additional internment options might be of interest to our Veterans and how they would view the inclusion of these options at the national cemeteries or other venues. The survey and focus groups will form the basis for review of<PRTPAGE P="70212"/>various policies and the performance of follow-on research into specific emerging interment options.</P>

        <P>An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The<E T="04">Federal Register</E>Notice with a 60-day comment period soliciting comments on this collection of information was published on September 13, 2012, at pages 56713-56714.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households</P>
        <P>
          <E T="03">Estimated Annual Burden:</E>
        </P>
        <P>a. 2012 Veterans Burial Benefits Survey—3,572 hours.</P>
        <P>b. Focus Group—240 hours.</P>
        <P>c. New and Emerging Burial Practices Study: Structured Interview Guide—75 hours.</P>
        <P>
          <E T="03">Estimated Average Burden Per Respondent:</E>
        </P>
        <P>a. 2012 Veterans Burial Benefits Survey—14 minutes.</P>
        <P>b. Focus Group—90 minutes.</P>
        <P>c. New and Emerging Burial Practices Study: Structured Interview Guide—90 minutes.</P>
        <P>
          <E T="03">Frequency of Response:</E>One time.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>
        </P>
        <P>a. 2012 Veterans Burial Benefits Survey—15,307.</P>
        <P>b. Focus Group—160.</P>
        <P>c. New and Emerging Burial Practices Study: Structured Interview Guide—50.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <P>By direction of the Secretary.</P>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director, Office of Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28453 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </NOTICE>
    <NOTICE>
      <PREAMB>
        <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
        <DEPDOC>[OMB Control No. 2900-0525]</DEPDOC>
        <SUBJECT>Agency Information Collection Activities Under OMB Review: VA MATIC Enrollment/Change</SUBJECT>
        <AGY>
          <HD SOURCE="HED">AGENCY:</HD>
          <P>Veterans Benefits Administration, Department of Veterans Affairs.</P>
        </AGY>
        <ACT>
          <HD SOURCE="HED">ACTION:</HD>
          <P>Notice.</P>
        </ACT>
        <SUM>
          <HD SOURCE="HED">SUMMARY:</HD>
          <P>In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument.</P>
        </SUM>
        <DATES>
          <HD SOURCE="HED">DATES:</HD>
          <P>Comments must be submitted on or before December 24, 2012.</P>
        </DATES>
        <ADD>
          <HD SOURCE="HED">ADDRESSES:</HD>

          <P>Submit written comments on the collection of information through<E T="03">www.Regulations.gov;</E>or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to “OMB Control No. 2900-0525” in any correspondence.</P>
        </ADD>
        <FURINF>
          <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>

          <P>Crystal Rennie, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-7492, fax (202) 632-7583 or email<E T="03">crystal.rennie@va.gov.</E>Please refer to “OMB Control No. 2900-0525.”</P>
        </FURINF>
      </PREAMB>
      <SUPLINF>
        <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
        <P SOURCE="NPAR">
          <E T="03">Title:</E>VA MATIC Enrollment/Change, VA Form 29-0165.</P>
        <P>
          <E T="03">OMB Control Number:</E>2900-0525.</P>
        <P>
          <E T="03">Type of Review:</E>Extension of a currently approved collection.</P>
        <P>
          <E T="03">Abstract:</E>Claimants complete VA Form 29-0165 to enroll in VA MATIC or change their financial institution from which VA currently deducts his/her Government Life Insurance premium.</P>

        <P>An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The<E T="04">Federal Register</E>Notice with a 60-day comment period soliciting comments on this collection of information was published on September 13, 2012, at pages 56711-56712.</P>
        <P>
          <E T="03">Affected Public:</E>Individuals or households.</P>
        <P>
          <E T="03">Estimated Annual Burden:</E>1,250 hours.</P>
        <P>
          <E T="03">Estimated Average Burden per Respondent:</E>15 minutes.</P>
        <P>
          <E T="03">Frequency of Response:</E>On occasion.</P>
        <P>
          <E T="03">Estimated Number of Respondents:</E>5,000.</P>
        <SIG>
          <DATED>Dated: November 19, 2012.</DATED>
          
          <P>By direction of the Secretary.</P>
          <NAME>Robert C. McFetridge,</NAME>
          <TITLE>Director, Office of Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs.</TITLE>
        </SIG>
      </SUPLINF>
      <FRDOC>[FR Doc. 2012-28454 Filed 11-21-12; 8:45 am]</FRDOC>
      <BILCOD>BILLING CODE 8320-01-P</BILCOD>
    </NOTICE>
  </NOTICES>
  <VOL>77</VOL>
  <NO>226</NO>
  <DATE>Friday, November 23, 2012</DATE>
  <UNITNAME>Proposed Rules</UNITNAME>
  <NEWPART>
    <PTITLE>
      <PRTPAGE P="70213"/>
      <PARTNO>Part II</PARTNO>
      <AGENCY TYPE="P">Securities and Exchange Commission</AGENCY>
      <CFR>17 CFR Part 240</CFR>
      <TITLE>Capital, Margin, and Segregation Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers; Proposed Rule</TITLE>
    </PTITLE>
    <PRORULES>
      <PRORULE>
        <PREAMB>
          <PRTPAGE P="70214"/>
          <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
          <CFR>17 CFR Part 240</CFR>
          <DEPDOC>[Release No. 34-68071; File No. S7-08-12]</DEPDOC>
          <RIN>RIN 3235-AL12</RIN>
          <SUBJECT>Capital, Margin, and Segregation Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers</SUBJECT>
          <AGY>
            <HD SOURCE="HED">AGENCY:</HD>
            <P>Securities and Exchange Commission.</P>
          </AGY>
          <ACT>
            <HD SOURCE="HED">ACTION:</HD>
            <P>Proposed rule.</P>
          </ACT>
          <SUM>
            <HD SOURCE="HED">SUMMARY:</HD>
            <P>In accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), the Securities and Exchange Commission (“Commission”), pursuant to the Securities Exchange Act of 1934 (“Exchange Act”), is proposing capital and margin requirements for security-based swap dealers (“SBSDs”) and major security-based swap participants (“MSBSPs”), segregation requirements for SBSDs, and notification requirements with respect to segregation for SBSDs and MSBSPs. The Commission also is proposing to increase the minimum net capital requirements for broker-dealers permitted to use the alternative internal model-based method for computing net capital (“ANC broker-dealers”).</P>
          </SUM>
          <EFFDATE>
            <HD SOURCE="HED">DATES:</HD>
            <P>Comments should be received on or before January 22, 2013.</P>
          </EFFDATE>
          <ADD>
            <HD SOURCE="HED">ADDRESSES:</HD>
            <P>Comments may be submitted by any of the following methods:</P>
          </ADD>
          <HD SOURCE="HD2">Electronic Comments</HD>
          <P>• Use the Commission's Internet comment form (<E T="03">http://www.sec.gov/rules/proposed.shtml</E>); or</P>
          <P>• Send an email to<E T="03">rule-comments@sec.gov</E>. Please include File Number S7-08-12 on the subject line; or</P>
          <P>• Use the Federal eRulemaking Portal (<E T="03">http://www.regulations.gov</E>). Follow the instructions for submitting comments.</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 S7-08-12. 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/proposed.shtml</E>). Comments also are available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make publicly available.</FP>
          <FURINF>
            <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
            <P>Michael A. Macchiaroli, Associate Director, at (202) 551-5525; Thomas K. McGowan, Deputy Associate Director, at (202) 551-5521; Randall W. Roy, Assistant Director, at (202) 551-5522; Mark M. Attar, Branch Chief, at (202) 551-5889; Sheila Dombal Swartz, Special Counsel, at (202) 551-5545; Valentina M. Deng, Attorney, at (202) 551-5778; or Teen I. Sheng, Attorney, at 202-551-5511, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-7010.</P>
          </FURINF>
        </PREAMB>
        <SUPLINF>
          <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
          <HD SOURCE="HD1">Table of Contents</HD>
          <EXTRACT>
            
            <FP SOURCE="FP-2">I. Background</FP>
            <FP SOURCE="FP-2">II. Proposed Rules and Rule Amendments</FP>
            <FP SOURCE="FP1-2">A. Capital</FP>
            <FP SOURCE="FP1-2">1. Introduction</FP>
            <FP SOURCE="FP1-2">2. Proposed Capital Rules for Nonbank SBSDs</FP>
            <FP SOURCE="FP1-2">a. Computing Required Minimum Net Capital</FP>
            <FP SOURCE="FP1-2">i. Stand-alone SBSDs Not Using Internal Models</FP>
            <FP SOURCE="FP1-2">ii. Broker-Dealer SBSDs Not Using Internal Models</FP>
            <FP SOURCE="FP1-2">iii. Stand-alone SBSDs Using Internal Models</FP>
            <FP SOURCE="FP1-2">iv. Broker-Dealer SBSDs Using Internal Models and ANC Broker-Dealers</FP>
            <FP SOURCE="FP1-2">b. Computing Net Capital</FP>
            <FP SOURCE="FP1-2">i. The Net Liquid Assets Test</FP>
            <FP SOURCE="FP1-2">ii. Standardized Haircuts for Security-Based Swaps</FP>
            <FP SOURCE="FP1-2">iii. VaR Models</FP>
            <FP SOURCE="FP1-2">iv. Credit Risk Charges</FP>
            <FP SOURCE="FP1-2">v. Capital Charge In Lieu of Margin Collateral</FP>
            <FP SOURCE="FP1-2">vi. Treatment of Swaps</FP>
            <FP SOURCE="FP1-2">c. Risk Management</FP>
            <FP SOURCE="FP1-2">d. Funding Liquidity Stress Test Requirement</FP>
            <FP SOURCE="FP1-2">e. Other Rule 15c3-1 Provisions Incorporated into Rule 18a-1</FP>
            <FP SOURCE="FP1-2">i. Debt-Equity Ratio Requirements</FP>
            <FP SOURCE="FP1-2">ii. Capital Withdrawal Requirements</FP>
            <FP SOURCE="FP1-2">iii. Appendix C</FP>
            <FP SOURCE="FP1-2">iv. Appendix D</FP>
            <FP SOURCE="FP1-2">3. Proposed Capital Rules for Nonbank MSBSPs</FP>
            <FP SOURCE="FP1-2">B. Margin</FP>
            <FP SOURCE="FP1-2">1. Introduction</FP>
            <FP SOURCE="FP1-2">2. Proposed Margin Requirements for Nonbank SBSDs and Nonbank MSBSPs</FP>
            <FP SOURCE="FP1-2">a. Scope of Rule 18a-3</FP>
            <FP SOURCE="FP1-2">b. Daily Calculations</FP>
            <FP SOURCE="FP1-2">i. Nonbank SBSDs</FP>
            <FP SOURCE="FP1-2">ii. Nonbank MSBSPs</FP>
            <FP SOURCE="FP1-2">c. Account Equity Requirements</FP>
            <FP SOURCE="FP1-2">i. Nonbank SBSDs</FP>
            <FP SOURCE="FP1-2">ii. Nonbank MSBSPs</FP>
            <FP SOURCE="FP1-2">d. $100,000 Minimum Transfer Amount</FP>
            <FP SOURCE="FP1-2">e. Risk Monitoring and Procedures</FP>
            <FP SOURCE="FP1-2">3. Specific Request for Comment to Limit the Use of Collateral</FP>
            <FP SOURCE="FP1-2">C. Segregation</FP>
            <FP SOURCE="FP1-2">1. Background</FP>
            <FP SOURCE="FP1-2">2. Proposed Rule 18a-4</FP>
            <FP SOURCE="FP1-2">a. Possession and Control of Excess Securities Collateral</FP>
            <FP SOURCE="FP1-2">b. Security-Based Swap Customer Reserve Account</FP>
            <FP SOURCE="FP1-2">c. Special Provisions for Non-cleared Security-Based Swap Counterparties</FP>
            <FP SOURCE="FP-2">III. General Request for Comment</FP>
            <FP SOURCE="FP-2">IV. Paperwork Reduction Act</FP>
            <FP SOURCE="FP1-2">A. Summary of Collections of Information Under the Proposed Rules and Rule Amendments</FP>
            <FP SOURCE="FP1-2">1. Proposed Rule 18a-1 and Amendments to Rule 15c3-1</FP>
            <FP SOURCE="FP1-2">2. Proposed Rule 18a-2</FP>
            <FP SOURCE="FP1-2">3. Proposed Rule 18a-3</FP>
            <FP SOURCE="FP1-2">4. Proposed Rule 18a-4</FP>
            <FP SOURCE="FP1-2">B. Proposed Use of Information</FP>
            <FP SOURCE="FP1-2">C. Respondents</FP>
            <FP SOURCE="FP1-2">D. Total Initial and Annual Recordkeeping and Reporting Burden</FP>
            <FP SOURCE="FP1-2">1. Proposed Rule 18a-1 and Amendments to Rule 15c3-1</FP>
            <FP SOURCE="FP1-2">2. Proposed Rule 18a-2</FP>
            <FP SOURCE="FP1-2">3. Proposed Rule 18a-3</FP>
            <FP SOURCE="FP1-2">4. Proposed Rule 18a-4</FP>
            <FP SOURCE="FP1-2">E. Collection Of Information Is Mandatory</FP>
            <FP SOURCE="FP1-2">F. Confidentiality</FP>
            <FP SOURCE="FP1-2">G. Retention Period For Recordkeeping Requirements</FP>
            <FP SOURCE="FP1-2">H. Request For Comment</FP>
            <FP SOURCE="FP-2">V. Economic Analysis</FP>
            <FP SOURCE="FP1-2">A. Baseline Of Economic Analysis</FP>
            <FP SOURCE="FP1-2">1. Overview of the OTC Derivatives Markets—Baseline for Proposed Rules 18a-1 through 18a-4</FP>
            <FP SOURCE="FP1-2">2. Baseline for Amendments to Rule 15c3-1</FP>
            <FP SOURCE="FP1-2">B. Analysis of the Proposals and Alternatives</FP>
            <FP SOURCE="FP1-2">1. Overview—The Proposed Financial Responsibility Program</FP>
            <FP SOURCE="FP1-2">a. Nonbank SBSDs</FP>
            <FP SOURCE="FP1-2">b. Nonbank MSBSPs</FP>
            <FP SOURCE="FP1-2">2. The Proposed Capital Rules</FP>
            <FP SOURCE="FP1-2">a. Nonbank SBSDs and ANC Broker-dealers</FP>
            <FP SOURCE="FP1-2">i. Minimum Capital Requirements</FP>
            <FP SOURCE="FP1-2">ii. Standardized Haircuts</FP>
            <FP SOURCE="FP1-2">iii. Capital Charge in Lieu of Margin Collateral</FP>
            <FP SOURCE="FP1-2">iv. Credit Risk Charge</FP>
            <FP SOURCE="FP1-2">v. Funding Liquidity Stress Test Requirement</FP>
            <FP SOURCE="FP1-2">vi. Risk Management Procedures</FP>
            <FP SOURCE="FP1-2">b. Capital Requirements for MSBSPs</FP>
            <FP SOURCE="FP1-2">c. Consideration of Burden on Competition, and Promotion of Efficiency, Competition, and Capital Formation</FP>
            <FP SOURCE="FP1-2">3. The Proposed Margin Rule—Rule 18a-3<PRTPAGE P="70215"/>
            </FP>
            <FP SOURCE="FP1-2">a. Calculation of Margin Amount</FP>
            <FP SOURCE="FP1-2">b. Account Equity Requirements</FP>
            <FP SOURCE="FP1-2">i. Commercial end users</FP>
            <FP SOURCE="FP1-2">ii. SBSDs—Alternatives A and B</FP>
            <FP SOURCE="FP1-2">c. Margin Requirements for Nonbank-MSBSPs</FP>
            <FP SOURCE="FP1-2">d. Consideration of Burden on Competition, and Promotion of Efficiency, Competition, and Capital Formation</FP>
            <FP SOURCE="FP1-2">4. Proposed Segregation Rule—Rule 18a-4</FP>
            <FP SOURCE="FP1-2">a. Consideration of Burden on Competition, and Promotion of Efficiency, Competition, and Capital Formation</FP>
            <FP SOURCE="FP1-2">C. Implementation Considerations</FP>
            <FP SOURCE="FP1-2">D. General Request for Comment</FP>
            <FP SOURCE="FP-2">VI. Regulatory Flexibility Act Certification</FP>
            <FP SOURCE="FP-2">VII. Statutory Basis and Text of the Proposed Amendments</FP>
          </EXTRACT>
          
          <HD SOURCE="HD1">I. Background</HD>
          <P>On July 21, 2010, President Obama signed the Dodd-Frank Act into law.<SU>1</SU>
            <FTREF/>Title VII of the Dodd-Frank Act (“Title VII”) established a new regulatory framework for OTC derivatives.<SU>2</SU>
            <FTREF/>In this regard, Title VII was enacted, among other reasons, to reduce risk, increase transparency, and promote market integrity within the financial system by, among other things: (i) Providing for the registration and regulation of SBSDs and MSBSPs; (ii) imposing clearing and trade execution requirements on standardized derivative products; (iii) creating recordkeeping and real-time reporting regimes; and (iv) enhancing the Commission's rulemaking and enforcement authorities with respect to all registered entities and intermediaries subject to the Commission's oversight.<SU>3</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>1</SU>
              <E T="03">See</E>Public Law 111-203, 124 Stat. 1376 (2010).</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>2</SU>Pursuant to section 701 of the Dodd-Frank Act, Title VII may be cited as the “Wall Street Transparency and Accountability Act of 2010.”<E T="03">See</E>Public Law 111-203 § 701. The Dodd-Frank Act assigns responsibility for the oversight of the U.S. OTC derivatives markets to the Commission, the Commodity Futures Trading Commission (“CFTC”), and certain “prudential regulators,” discussed below. The Commission has oversight authority with respect to a<E T="03">security-based swap</E>as defined in section 3(a)(68) of the Exchange Act (15 U.S.C. 78c(a)(68)), including to implement a registration and oversight program for a<E T="03">security-based swap dealer</E>as defined in section 3(a)(71) of the Exchange Act (15 U.S.C. 78c(a)(71)) and a<E T="03">major security-based swap participant</E>as defined in section 3(a)(67) of the Exchange Act (15 U.S.C. 78c(a)(67)). The CFTC has oversight authority with respect to a<E T="03">swap</E>as defined in section 1(a)(47) of the Commodity Exchange Act (“CEA”) (7 U.S.C. 1(a)(47)), including to implement a registration and oversight program for a<E T="03">swap dealer</E>as defined in section 1(a)(49) of the CEA (7 U.S.C. 1(a)(49)) and a<E T="03">major swap participant</E>as defined in section 1(a)(33) of the CEA (7 U.S.C. 1(a)(33)). The Commission and the CFTC jointly have adopted rules to further define, among other things, those terms and the terms<E T="03">swap, security-based swap,</E>
              <E T="03">swap dealer, major swap participant,</E>
              <E T="03">security-based swap dealer, and major security-based swap participant.</E>
              <E T="03">See Further Definition of “Swap,” “Security-Based Swap,” and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping,</E>Exchange Act Release No. 64372 (Apr. 29, 2011), 76 FR 29818 (May 23, 2011) (“<E T="03">Product Definitions Proposing Release”</E>);<E T="03">Further Definition of “Swap,” “Security-Based Swap,” and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping,</E>Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (Aug. 13, 2012) (Joint final rule with the CFTC) (“<E T="03">Product Definitions Adopting Release”</E>);<E T="03">Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant” and “Eligible Contract Participant”,</E>Exchange Act Release No. 63452 (Dec. 7, 2010), 75 FR 80174 (Dec. 21, 2010) (Joint proposal with the CFTC) (“<E T="03">Entity Definitions Proposing Release”</E>); and<E T="03">Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant” and “Eligible Contract Participant”,</E>Exchange Act Release No. 66868 (Apr. 27, 2012), 77 FR 30596 (May 23, 2012) (Joint final rule with the CFTC) (“<E T="03">Entity Definitions Adopting Release”</E>).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>3</SU>
              <E T="03">See</E>Public Law 111-203 §§ 701-774.</P>
          </FTNT>
          <P>Section 764 of the Dodd-Frank Act added section 15F to the Exchange Act.<SU>4</SU>
            <FTREF/>Section 15F(e)(1)(B) of the Exchange Act provides that the Commission shall prescribe capital and margin requirements for SBSDs and nonbank MSBSPs that do not have a prudential regulator (respectively, “nonbank SBSDs” and “nonbank MSBSPs”).<SU>5</SU>
            <FTREF/>Section 763 of the Dodd-Frank Act added section 3E to the Exchange Act.<SU>6</SU>
            <FTREF/>Section 3E provides the Commission with authority to establish segregation requirements for SBSDs and MSBSPs.<SU>7</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>4</SU>
              <E T="03">See id.</E>§ 764; 15 U.S.C. 78o-10.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>5</SU>
              <E T="03">See</E>15 U.S.C. 78o-10(e)(1)(B). Specifically, section 15F(e)(1)(B) of the Exchange Act provides that each registered SBSD and MSBSP for which there is not a prudential regulator shall meet such minimum capital requirements and minimum initial and variation margin requirements as the Commission shall by rule or regulation prescribe. The term “prudential regulator” is defined in section 1(a)(39) of the CEA (7 U.S.C. 1(a)(39)) and that definition is incorporated by reference in section 3(a)(74) of the Exchange Act (15 U.S.C. 78c(a)(74)). Pursuant to the definition, the Board of Governors of the Federal Reserve System (“Federal Reserve”), the Office of the Comptroller of the Currency (“OCC”), the Federal Deposit Insurance Corporation (“FDIC”), the Farm Credit Administration, or the Federal Housing Finance Agency (collectively, the “prudential regulators”) is the “prudential regulator” of an SBSD, MSBSP, swap participant, or major swap participant if the entity is directly supervised by that agency.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>6</SU>
              <E T="03">See</E>Public Law 111-203 § 763; 15 U.S.C. 78c-5.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>7</SU>
              <E T="03">See</E>15 U.S.C. 78c-5(a)-(g). Section 3E of the Exchange Act does not distinguish between bank and nonbank SBSDs and bank and nonbank MSBSPs, and, consequently, provides the Commission with the authority to establish segregation requirements for SBSDs and MSBSPs, whether or not they have a prudential regulator.<E T="03">Id.</E>
            </P>
          </FTNT>
          <P>Section 4s(e)(1)(B) of the CEA provides that the CFTC shall prescribe capital and margin requirements for swap dealers and major swap participants for which there is not a prudential regulator (“nonbank swap dealers” and “nonbank swap participants”).<SU>8</SU>
            <FTREF/>Section 15F(e)(1)(A) of the Exchange Act provides that the prudential regulators shall prescribe capital and margin requirements for bank SBSDs and bank MSBSPs, and section 4s(e)(1)(A) of the CEA provides that the prudential regulators shall prescribe capital and margin requirements for swap dealers and major swap participants for which there is a prudential regulator (“bank swap dealers” and “bank swap participants”).<SU>9</SU>
            <FTREF/>The prudential regulators have proposed capital and margin requirements for bank swap dealers, bank SBSDs, bank swap participants, and bank MSBSPs.<SU>10</SU>
            <FTREF/>The CFTC has proposed capital and margin requirements for nonbank swap dealers and nonbank major swap participants.<SU>11</SU>
            <FTREF/>The CFTC also has adopted segregation requirements for cleared swaps and proposed segregation requirements for non-cleared swaps.<SU>12</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>8</SU>
              <E T="03">See</E>7 U.S.C. 6s(e)(1)(B).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>9</SU>
              <E T="03">See</E>15 U.S.C. 78o-10(e)(1)(A); 7 U.S.C. 6s(e)(1)(A).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>10</SU>
              <E T="03">See Margin and Capital Requirements for Covered Swap Entities,</E>76 FR 27564 (May 11, 2011) (“<E T="03">Prudential Regulator Margin and Capital Proposing Release”</E>). The prudential regulators, as part of their proposed margin requirements for non-cleared security-based swaps, proposed a segregation requirement for collateral received as margin.<E T="03">Id.</E>
            </P>
          </FTNT>
          <FTNT>
            <P>
              <SU>11</SU>
              <E T="03">See Capital Requirements of Swap Dealers and Major Swap Participants,</E>76 FR 27802 (May 12, 2011) (“<E T="03">CFTC Capital Proposing Release”</E>);<E T="03">Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants,</E>76 FR 23732 (Apr. 28, 2011) (“<E T="03">CFTC Margin Proposing Release”</E>). The CFTC reopened the comment period for the CFTC Margin Proposing Release to allow interested parties to comment on the CFTC proposed rules in light of the proposals discussed in the international consultative paper.<E T="03">See Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants,</E>77 FR 41109 (July 12, 2012).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>12</SU>
              <E T="03">See Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions,</E>77 FR 6336 (Feb. 7, 2012) and<E T="03">Protection of Collateral of Counterparties to Non-cleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy,</E>75 FR 75432 (Dec. 3, 2010).</P>
          </FTNT>
          <P>Pursuant to sections 763 and 764 of the Dodd-Frank Act, the Commission is proposing to amend Rule 15c3-1 and Rule 15c3-3 and propose new Rules 18a-1 (including appendices to Rule 18a-1), 18a-2, 18a-3, and 18a-4 (including an exhibit to Rule 18a-4).<SU>13</SU>
            <FTREF/>The proposed amendments and new rules would establish capital and margin requirements for nonbank SBSDs, including broker-dealers that are registered as SBSDs (“broker-dealer SBSDs”), and nonbank MSBSPs. They also would establish segregation requirements for SBSDs and notification requirements with respect to segregation for SBSDs and MSBSPs.</P>
          <FTNT>
            <P>
              <SU>13</SU>
              <E T="03">See</E>17 CFR 240.15c3-1; 17 CFR 240.15c3-3.</P>
          </FTNT>

          <P>Further, the proposals also would increase the minimum net capital<PRTPAGE P="70216"/>requirements and establish liquidity requirements for ANC broker-dealers.<SU>14</SU>
            <FTREF/>An ANC broker-dealer is a broker-dealer that has been approved by the Commission to use internal value-at-risk (“VaR”) models to determine market risk charges for proprietary securities and derivatives positions and to take a credit risk charge in lieu of a 100% charge for unsecured receivables related to OTC derivatives transactions (hereinafter, collectively “internal models”). The proposed amendments applicable to ANC broker-dealers are designed to account for their large size, the scale of their custodial activities, and the potential substantial leverage they may take on if they become more active in the security-based swap markets under the Dodd-Frank Act reforms, which, among other things, require dealers in security-based swaps to register with the Commission.<SU>15</SU>
            <FTREF/>Finally, some of the proposed amendments to Rule 15c3-1 would apply to broker-dealers that are not registered as SBSDs. These proposed amendments are designed to maintain a consistent capital treatment for security-based swaps and swaps under Rule 15c3-1 and proposed new Rule 18a-1.</P>
          <FTNT>
            <P>
              <SU>14</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(7); 17 CFR 240.15c3-1e.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>15</SU>
              <E T="03">See, e.g.,</E>15 U.S.C. 78o-10(a)(1) (“It shall be unlawful for any person to act as a security-based swap dealer unless the person is registered as a security-based swap dealer with the Commission.”).</P>
          </FTNT>
          <P>As discussed in detail below, the proposals for capital, margin, and segregation requirements for SBSDs and MSBSPs are based in large part on existing capital, margin, and segregation requirements for broker-dealers (“broker-dealer financial responsibility requirements”).<SU>16</SU>
            <FTREF/>The broker-dealer financial responsibility requirements served as the model for the proposals because the financial markets in which SBSDs and MSBSPs are expected to operate are similar to the financial markets in which broker-dealers operate. In addition, as discussed below, the objectives of the broker-dealer financial responsibility requirements are similar to the objectives underlying the proposals. Moreover, the broker-dealer financial responsibility requirements have existed for many years and have facilitated the prudent operation of broker-dealers.<SU>17</SU>
            <FTREF/>Consequently, they provide a reasonable template for building a financial responsibility program for SBSDs and MSBSPs. Furthermore, it is expected that some nonbank SBSDs also will register as broker-dealers in order to be able to offer customers a broader range of services than a nonbank SBSD not registered as a broker-dealer (“stand-alone SBSD”) would be permitted to engage in. Therefore, establishing consistent financial responsibility requirements would avoid potential competitive disparities between stand-alone SBSDs and broker-dealer SBSDs.</P>
          <FTNT>
            <P>
              <SU>16</SU>
              <E T="03">See infra</E>section II.A.1. of this release (describing generally the broker-dealer capital standards); section II.B.1. of this release (describing generally the broker-dealer margin standards); section II.C.1. of this release (describing generally the broker-dealer segregation requirements).</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>17</SU>For example, one of the objectives of the broker-dealer financial responsibility requirements is to protect customers from the consequences of the financial failure of a broker-dealer in terms of safeguarding customer securities and funds held by the broker-dealer. It should be noted that the Securities Investor Protection Corporation (“SIPC”), since its inception in 1971, has initiated customer protection proceedings for only 324 broker-dealers, which is less than 1% of the approximately 39,200 broker-dealers that have been members of SIPC during that timeframe. From 1971 through December 31, 2011, approximately 1% of the $117.5 billion of cash and securities distributed for accounts of customers came from the SIPC fund rather than debtors' estates.<E T="03">See</E>SIPC,<E T="03">Annual Report 2011,</E>available at<E T="03">http://www.sipc.org/Portals/0/PDF/2011_Annual_Report.pdf</E>(“<E T="03">SIPC 2011 Annual Report”</E>).</P>
          </FTNT>
          <P>However, the Commission recognizes that there may be other approaches to establishing financial responsibility requirements that may be appropriate—including, for example, applying a standard based on the international capital standard for banks (“Basel Standard”)<SU>18</SU>
            <FTREF/>in the case of entities that are part of a bank holding company, as has been proposed by the CFTC.<SU>19</SU>
            <FTREF/>In general, the bank capital model requires the holding of specified levels of capital as a percentage of “risk weighted assets.”<SU>20</SU>
            <FTREF/>It does not require generally a full capital deduction for unsecured receivables, given that banks, as lending entities, are in the business of extending credit to a range of counterparties.</P>
          <FTNT>
            <P>

              <SU>18</SU>The Basel Standard was developed by the Basel Committee on Banking Supervision of the Bank for International Settlements (“BCBS”). More information about the Basel Standard is available at the Web site of the Bank for International Settlements (“BIS”) at<E T="03">http://www.bis.org/bcbs/index.htm</E>.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>19</SU>
              <E T="03">CFTC Capital Proposing Release,</E>76 FR 27802.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>20</SU>The prudential regulators also have proposed capital rules that would require a covered swap entity to comply with the regulatory capital rules already made applicable to that covered swap entity as part of its prudential regulatory regime.<E T="03">Prudential Regulator Margin and Capital Proposing Release,</E>76 FR at 27568. The prudential regulators note that they have “had risk-based capital rules in place for banks to address over-the-counter derivatives since 1989 when the banking agencies implemented their risk-based capital adequacy standards * * * based on the first Basel Accord.”<E T="03">Id.</E>
            </P>
          </FTNT>
          <P>This approach could promote a consistent view and management of capital within a bank holding company structure. The Commission is not proposing this approach, however, both because of the distinctions between bank and nonbank dealer business models and access to backstop liquidity, as well as uncertainties as to how a bank capital standard would in practice affect valuations and the conduct of business in a nonbank entity; but the Commission is specifically seeking comment on this approach. In addition, detailed comment is requested below on alternative financial responsibility frameworks that could serve as a model for establishing financial responsibility requirements for SBSDs and MSBSPs.</P>
          <P>The minimum financial and customer protection requirements proposed today—like other financial tests that market participants use in the ordinary course of business to manage risk or to comply with applicable regulations—incorporate many specific numerical thresholds, limits, deductions, and ratios.<SU>21</SU>
            <FTREF/>The Commission recognizes that each such quantitative requirement could be read by some to imply a definitive conclusion based on quantitative analysis of that requirement and its alternatives.</P>
          <FTNT>
            <P>
              <SU>21</SU>For example, the proposed capital requirements would include in the formula that determines minimum net capital an amount generally equal to 8% of the amount of margin that nonbank SBSDs would be required to collect from counterparties. Similarly, the capital and margin proposals, in setting “haircut” requirements to reflect market risk for certain types of security-based swaps, propose to use a numerical grid that establishes specific deductions depending on spread and tenor, among other factors.</P>
          </FTNT>

          <P>The Commission notes in this regard that the specific quantitative requirements included in this proposal have not been derived directly from econometric or mathematical models, nor has the Commission performed a detailed quantitative analysis of the likely economic consequences of the specific quantitative requirements being included in this proposal. As discussed in the economic analysis below, there are a number of challenges presented in conducting such a quantitative analysis in a robust fashion. Accordingly, the selection of a particular quantitative requirement proposed below reflects a qualitative assessment by the Commission regarding the appropriate financial standard for an identified issue. In making such assessments and in turn selecting proposed quantitative requirements, the Commission has drawn from its experiences in regulating broker-dealers and has frequently looked to comparable quantitative elements in the existing broker-dealer financial responsibility regime (<E T="03">e.g.,</E>the current capital charges in the existing broker-dealer net capital rule) or, where appropriate, the existing or proposed regulations of the prudential regulators,<PRTPAGE P="70217"/>FINRA, or the CFTC with respect to similar activities. For example, the Commission may propose using a specified haircut percentage (<E T="03">e.g.,</E>15%, as opposed to a percentage that is higher or lower) because it believes, based on its experience regulating markets, that such percentage should be sufficient to cover a severe market movement. The Commission has used these comparable quantitative requirements as a reasonable starting point for purposes of the various proposals because, as noted above, there are substantial similarities between the proposed rules and those other regimes in terms of the relevant markets, entities, and regulatory objectives, and because many nonbank SBSDs may also be subject to the existing broker-dealer financial responsibility requirements.</P>
          <P>The Commission invites comment, including relevant data and analysis, regarding all aspects of the various quantitative requirements reflected in the proposed rules. In particular, data and comment from market participants and other interested parties regarding the likely effect of each proposed quantitative requirement, the effect of such requirements in the aggregate, and potential alternative requirements will be particularly useful to the Commission in evaluating modifications to the proposals. Commenters are also requested to describe in detail any econometric or mathematical models or economic analyses of data, to the extent they exist, that they believe would be relevant for evaluating or modifying any quantitative provisions contained in the proposals.</P>
          <P>The Commission staff consulted with the prudential regulators and the CFTC in drafting the proposals discussed in this release.<SU>22</SU>
            <FTREF/>In addition, the proposals of the prudential regulators and the CFTC were considered in developing the Commission's proposed capital, margin, and segregation requirements for SBSDs and MSBSPs. The Commission's proposals differ in some respects from proposals of the prudential regulators and the CFTC, and such differences are described below in connection with the relevant proposals. While some differences are based on differences in the activities of securities firms, banks, and commodities firms, or differences in the products at issue, other differences may reflect an alternative approach to balancing the relevant policy choices and considerations. Where these differences exist, comment is sought on the advantages and disadvantages of each proposal and whether a given proposal is appropriate based on differences in the business models of the types of entities that would be subject to the respective proposal, the risks of these entities, and any other factors commenters believe relevant.<SU>23</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>22</SU>
              <E T="03">See</E>15 U.S.C. 78o-10(e)(3)(D)(i) (“The prudential regulators, the [CFTC], and the [Commission] shall periodically (but not less frequently than annually) consult on the minimum capital requirements and minimum initial and variation margin requirements.”).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>23</SU>
              <E T="03">See</E>15 U.S.C. 78o-10(e)(3)(D)(ii) (providing that the prudential regulators, the CFTC, and the Commission “shall, to the maximum extent practicable establish and maintain comparable minimum capital requirements and minimum initial and variation margin requirements, including the use of noncash collateral,” for SBSDs and swap dealers).</P>
          </FTNT>
          <P>The capital, margin, and segregation requirements ultimately adopted, like other requirements established under the Dodd-Frank Act, could have a substantial impact on international commerce and the relative competitive position of intermediaries operating in various, or multiple, jurisdictions. In particular, intermediaries operating in the U.S. and in other jurisdictions could be advantaged or disadvantaged if corresponding requirements are not established in other jurisdictions or if the Commission's rules are substantially more or less stringent than corresponding requirements in other jurisdictions. This could, among other potential impacts, affect the ability of intermediaries and other market participants based in the U.S. to participate in non-U.S. markets, the ability of non-U.S.-based intermediaries and other market participants to participate in U.S. markets, and whether and how international firms make use of global “booking entities” to centralize risks related to security-based swaps. These issues have been the focus of numerous comments to the Commission and other regulators, Congressional inquiries, and other public dialogue.<SU>24</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>24</SU>
              <E T="03">See, e.g.,</E>letter from Senator Tim Johnson, Chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, and Congressman Barney Frank, Ranking Member of the U.S. House Committee on Financial Services, to the CFTC, Commission, Federal Reserve, and FDIC (Oct. 4, 2011), available at<E T="03">http://www.sec.gov/comments/s7-25-11/s72511-34.pdf</E>(“Given the global nature of this market, U.S. regulators should avoid creating opportunities for international regulatory arbitrage that could increase systemic risk and reduce the competitiveness of U.S. firms abroad”); letter from Barclays Bank PLC, BNP Paribas S.A., Credit Suisse AG, Deutsche Bank AG, HSBC, Nomura Securities International, Inc., Rabobank Nederland, Royal Bank of Canada, The Royal Bank of Scotland Group PLC, Societe Generale, The Toronto-Dominion Bank, and UBS AG, to the CFTC, Commission, and Federal Reserve (Feb. 17, 2011), available at<E T="03">http://www.sec.gov/comments/s7-39-10/s73910-25.pdf</E>(“[T]he home country regulator has the greatest interest in and is in the best position to protect a foreign bank swap dealer under its primary supervision by setting appropriate margin requirements or functionally equivalent capital charges for non-cleared swaps”); letter from Carlos Tavares, Vice-Chairman of European Securities and Markets Authority, to the Commission (Jan. 17, 2011), available at<E T="03">http://www.sec.gov/comments/s7-35-10/s73510-19.pdf</E>(“if the foreign supervision were not taken into account * * * a foreign [entity would] be subject to multiple regimes * * * [which would be] very challenging for regulated entities and would significantly raise the costs for both the industry and supervisors”); BCBS, Board of the International Organization of Securities Commissions (“IOCSO”), Consultative Document,<E T="03">Margin Requirements for Non-centrally-cleared Derivatives</E>(July 2012), available at<E T="03">http://www.iosco.org/library/pubdocs/pdf/IOSCOPD387.pdf</E>(consultative document seeking comment on margin requirements for non-centrally-cleared derivatives).</P>
          </FTNT>
          <P>The potential international implications of the proposed capital, margin, and segregation requirements warrant further consideration. However, consistent with the Commission's general approach with respect to its other proposals under Title VII, these implications are recognized here but not fully addressed. Instead, the Commission intends to publish a comprehensive release seeking public comment on the full spectrum of issues relating to the application of Title VII to cross-border security-based swap transactions and non-U.S. persons that act in capacities regulated under the Dodd-Frank Act. This approach will provide market participants, foreign regulators, and other interested parties with an opportunity to consider, as an integrated whole, the proposed approach to the cross-border application of Title VII, including capital, margin, and segregation requirements.</P>
          <HD SOURCE="HD1">II. Proposed Rules and Rule Amendments</HD>
          <HD SOURCE="HD2">A. Capital</HD>
          <HD SOURCE="HD3">1. Introduction</HD>
          <P>Section 15F(e)(1)(B) of the Exchange Act requires that the Commission prescribe capital requirements for nonbank SBSDs and nonbank MSBSPs.<SU>25</SU>
            <FTREF/>The Commission also has concurrent authority under section 15(c)(3) of the Exchange Act to prescribe capital requirements for broker-dealers.<SU>26</SU>

            <FTREF/>The existing broker-dealer capital requirements are contained in<PRTPAGE P="70218"/>Rule 15c3-1,<SU>27</SU>
            <FTREF/>including seven appendices to Rule 15c3-1.<SU>28</SU>
            <FTREF/>The minimum capital requirements for stand-alone SBSDs would be contained in proposed new Rule 18a-1,<SU>29</SU>
            <FTREF/>and the minimum capital requirements for broker-dealer SBSDs would be contained in Rule 15c3-1, as proposed to be amended. Proposed Rule 18a-1 would be structured similarly to Rule 15c3-1 and would contain many provisions that correspond to those in Rule 15c3-1.<SU>30</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>25</SU>15 U.S.C. 78o-10(e)(1)(B).</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>26</SU>15 U.S.C. 78o(c)(3). Section 771 of the Dodd-Frank Act states that unless otherwise provided by its terms, its provisions relating to the regulation of the security-based swap markets do not divest any appropriate Federal banking agency, the Commission, the CFTC, or any other Federal or State agency, of any authority derived from any other provision of applicable law.<E T="03">See</E>Public Law 111-203 § 771. In addition, section 15F(e)(3)(B) of the Exchange Act provides that nothing in section 15F “shall limit, or be construed to limit, the authority” of the Commission “to set financial responsibility rules for a broker or dealer * * * in accordance with Section 15(c)(3).” 15 U.S.C. 78o-8(e)(3)(B).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>27</SU>17 CFR 240.15c3-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>28</SU>17 CFR 240.15c3-1a (Options); 17 CFR 240.15c3-1b (Adjustments to net worth and aggregate indebtedness for certain commodities transactions); 17 CFR 240.15c3-1c (Consolidated computations of net capital and aggregate indebtedness for certain subsidiaries and affiliates); 17 CFR 240.15c3-1d (Satisfactory subordination agreements); 17 CFR 240.15c3-1e (Deductions for market and credit risk for certain brokers or dealers); 17 CFR 240.15c3-1f (Optional market and credit risk requirements for OTC derivatives dealers); 17 CFR 240.15c3-1g (Conditions for ultimate holding companies of certain brokers or dealers).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>29</SU>
              <E T="03">See</E>proposed new Rule 18a-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>30</SU>For example, proposed new Rule 18a-1 would include four appendices: Appendix A (proposed new Rule 18a-1a); Appendix B (proposed new Rule18a-1b); Appendix C (proposed new Rule 18a-1c); and Appendix D (proposed new Rule 18a-1d). The appendices would correspond to the following appendices to Rule 15c3-1: Appendix A (Options) (17 CFR 240.15c3-1a); Appendix B (Adjustments to net worth and aggregate indebtedness for certain commodities transactions) (17 CFR 240.15c3-1b); Appendix C (Consolidated computations of net capital and aggregate indebtedness for certain subsidiaries and affiliates) (17 CFR 240.15c3-1c); and Appendix D (Satisfactory subordination agreements) (17 CFR 240.15c3-1d).</P>
          </FTNT>
          <P>As described above, the capital and other financial responsibility requirements for broker-dealers generally provide a reasonable template for crafting the corresponding requirements for nonbank SBSDs. For example, among other considerations, the objectives of capital standards for both types of entities are similar. Rule 15c3-1, described in detail below, is a net liquid assets test that is designed to require a broker-dealer to maintain sufficient liquid assets to meet all obligations to customers and counterparties and have adequate additional resources to wind-down its business in an orderly manner without the need for a formal proceeding if it fails financially.<SU>31</SU>
            <FTREF/>In turn, the objective of the proposed capital standards for nonbank SBSDs is to protect customer assets and mitigate the consequences of a firm failure, while allowing these firms the flexibility in how they conduct a security-based swaps business.</P>
          <FTNT>
            <P>
              <SU>31</SU>
              <E T="03">See Net Capital Rule,</E>Exchange Act Release No. 38248 (Feb. 6, 1997), 62 FR 6474 (Feb. 12, 1997) (“Rule 15c3-1 requires registered broker-dealers to maintain sufficient liquid assets to enable those firms that fall below the minimum net capital requirements to liquidate in an orderly fashion without the need for a formal proceeding.”). As indicated, the goal of the rule is to require a broker-dealer to hold sufficient liquid net capital to meet all obligations to creditors, except for creditors who agree to subordinate their claims to all other creditors. As discussed in more detail below, Rule 15c3-1d (Appendix D to Rule 15c3-1) sets forth minimum requirements for a subordinated loan agreement.<E T="03">See</E>17 CFR 240.15c3-1d. Typically, affiliates of the broker-dealer (<E T="03">e.g.,</E>the firm's holding company) or individual owners of the broker-dealer make subordinated loans to the broker-dealer. If the broker-dealer fails financially and is liquidated, the obligations of the broker-dealer to all other creditors would need to be paid in full before the obligations of the broker-dealer to a subordinated lender are paid.</P>
          </FTNT>
          <P>In addition, the Dodd-Frank Act divided responsibility for SBSDs by providing the prudential regulators with authority to prescribe the capital and margin requirements for bank SBSDs and the Commission with authority to prescribe capital and margin requirements for nonbank SBSDs.<SU>32</SU>
            <FTREF/>This division also suggests it may be appropriate to model the capital requirements for nonbank SBSDs on the capital standards for broker-dealers, while the capital requirements for bank SBSDs are modeled on capital standards for banks (as reflected in the proposal by the prudential regulators).<SU>33</SU>
            <FTREF/>Certain operational, policy, and legal differences appear to support this distinction between nonbank SBSDs and bank SBSDs. First, based on the Commission staff's understanding of the activities of nonbank dealers in over-the counter (“OTC”) derivatives, nonbank SBSDs are expected to engage in a securities business with respect to security-based swaps that is more similar to the dealer activities of broker-dealers than to the activities of banks; indeed, some broker-dealers likely will be registered as nonbank SBSDs.<SU>34</SU>
            <FTREF/>Second, existing capital standards for banks and broker-dealers reflect, in part, differences in their funding models and access to certain types of financial support, and those same differences also will exist between bank SBSDs and nonbank SBSDs. For example, banks obtain funding through customer deposits and can obtain liquidity through the Federal Reserve's discount window, whereas broker-dealers do not—and nonbank SBSDs will not—have access to these sources of funding and liquidity. Third, Rule 15c3-1 currently contains provisions designed to address dealing in OTC derivatives by broker-dealers and, therefore, to some extent already can accommodate this type of activity (although, as discussed below, proposed amendments to Rule 15c3-1 would be designed to more specifically address the risks of security-based swaps and the potential for increased involvement of broker-dealers in the security-based swaps markets).<SU>35</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>32</SU>
              <E T="03">See</E>15 U.S.C. 78o-10, in general; 15 U.S.C. 78o-10(e)(2)(A)-(B), in particular.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>33</SU>The prudential regulators have proposed capital requirements for bank SBSDs and bank swap dealers that are based on the capital requirements for banks.<E T="03">See Prudential Regulator Margin and Capital Proposing Release,</E>76 FR at 27582.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>34</SU>
              <E T="03">Id.</E>
            </P>
          </FTNT>
          <FTNT>
            <P>
              <SU>35</SU>
              <E T="03">See</E>17 CFR 240.15c3-1f and 17 CFR 240.15c3-1e.<E T="03">See also Alternative Net Capital Requirements for Broker-Dealers That Are Part of Consolidated Supervised Entities,</E>Exchange Act Release No. 49830 (June 8, 2004), 69 FR 34428 (June 21, 2004) (“<E T="03">Alternative Net Capital Requirements Adopting Release”</E>);<E T="03">OTC Derivatives Dealers,</E>Exchange Act Release No. 40594 (Oct. 23, 1998), 63 FR 59362 (Nov. 3, 1998).</P>
          </FTNT>
          <P>For these reasons, the proposed capital standard for nonbank SBSDs is a net liquid assets test modeled on the broker-dealer capital standard in Rule 15c3-1.<SU>36</SU>
            <FTREF/>However, the Commission<PRTPAGE P="70219"/>recognizes that there may be alternative approaches to financial responsibility requirements that may be appropriate.<SU>37</SU>
            <FTREF/>Accordingly, in the requests for comment below on the various capital standards, commenters are encouraged: (1) To consider alternative approaches to capital for nonbank SBSDs generally; (2) for nonbank SBSDs that are broker-dealers, to identify what, if any, specific amendments to Rule 15c3-1 and its appendices they believe would not be appropriate for broker-dealers; and (3) for stand-alone SBSDs, to identify what, if any, specific provisions in proposed new Rule 18a-1 and its appendices (including those modeled on provisions in Rule 15c3-1 and its appendices) they believe would not be appropriate for stand-alone SBSDs.</P>
          <FTNT>
            <P>

              <SU>36</SU>As noted above, the prudential regulators similarly proposed capital standards for bank SBSDs based on the capital standards for banks.<E T="03">See Prudential Regulator Margin and Capital Proposing Release</E>76 FR 27564. The CFTC has proposed three different capital standards for nonbank swap dealers. First, a futures commission merchant (“FCM”) that is registered as a swap dealer would be subject to the CFTC's net capital rule for FCMs, which is similar to the Commission's net capital rule for broker-dealers in that it imposes a net liquid assets test.<E T="03">See CFTC Capital Proposing Release,</E>76 FR 27802. Second, a swap dealer that is not an FCM<E T="03">and not</E>affiliated with a U.S. bank holding company would be subject to a “tangible net equity” capital standard (the CFTC proposal defines<E T="03">tangible net equity</E>as equity determined under U.S. generally accepted accounting principles (“GAAP”), and excludes goodwill and other intangible assets). Third, a swap dealer that is not an FCM<E T="03">and is</E>affiliated with a U.S. bank holding company would be subject to the capital standard that applies to U.S. banking institutions.<E T="03">Id.</E>The proposed capital standard for nonbank SBSDs would not make such distinctions and, therefore, all nonbank SBSDs would be subject to the net liquid assets test embodied in Rule 15c3-1 (<E T="03">i.e.,</E>regardless of whether they are registered as broker-dealers or affiliates of U.S. bank holding companies). The CFTC proposed a tangible net equity requirement for certain swap dealers to address the probability that commercial entities (<E T="03">e.g.,</E>entities engaged in agricultural or energy businesses) may need to register as swap dealers and that imposing a net liquid assets test could require them to engage in significant corporate restructuring and potentially cause undue costs because their equity is comprised of physical and other non-current assets. Differences between the swaps markets and the security-based swaps markets may make a single capital standard more workable for nonbank SBSDs. The swaps market is significantly larger than the security-based swaps market and has many more active participants that are commercial entities.<E T="03">See</E>BIS,<E T="03">OTC Derivatives Market Activity in the Second Half of 2010,</E>Monetary and Economic Department, (May 2011), available at<E T="03">http://www.bis.org/publ/otc_hy1105.pdf</E>. It is expected that financial institutions will comprise a large segment of the security-based swaps market as is currently the case and that these entities are more likely to have affiliates dedicated to OTC derivatives trading and affiliates that are broker-dealers registered with the Commission.<E T="03">See infra</E>section V.A. of this release (providing an overview of the security-based swaps markets). Consequently, these affiliates—because their capital structures are geared towards securities trading or because they already are broker-dealers—would be<PRTPAGE/>able to more readily adhere to a net liquid assets test. In addition, many broker-dealers currently are affiliates within bank holding companies. Consequently, these broker-dealers are subject to Rule 15c3-1, while their bank affiliates are subject to bank capital standards.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>37</SU>
              <E T="03">CFTC Capital Proposing Release,</E>76 FR 27802.</P>
          </FTNT>

          <P>The capital standard in Rule 15c3-1—that serves as a model for the proposed capital standard for nonbank SBSDs—is a net liquid assets test. This standard is designed to promote liquidity; the rule allows a broker-dealer to engage in activities that are part of conducting a securities business (<E T="03">e.g.,</E>taking securities into inventory) but in a manner that places the firm in the position of holding at all times more than one dollar of highly liquid assets for each dollar of unsubordinated liabilities (<E T="03">e.g.,</E>money owed to customers, counterparties, and creditors).<SU>38</SU>
            <FTREF/>For example, Rule 15c3-1 allows securities positions to count as allowable net capital, subject to standardized or internal model-based haircuts.<SU>39</SU>
            <FTREF/>The rule, however, does not permit most unsecured receivables to count as allowable net capital.<SU>40</SU>
            <FTREF/>This aspect of the rule severely limits the ability of broker-dealers to engage in activities, such as unsecured lending, that generate unsecured receivables. The rule also does not permit fixed assets or other illiquid assets to count as allowable net capital, which creates disincentives for broker-dealers to own real estate and other fixed assets that cannot be readily converted into cash. For these reasons, Rule 15c3-1 incentivizes broker-dealers to confine their business activities and devote capital to activities such as underwriting, market making, and advising on and facilitating customer securities transactions.</P>
          <FTNT>
            <P>
              <SU>38</SU>
              <E T="03">See, e.g., Interpretation Guide to Net Capital Computation for Brokers and Dealers,</E>Exchange Act Release No. 8024 (Jan. 18, 1967), 32 FR 856 (Jan. 25, 1967) (“Rule 15c3-1 (17 CFR 240.15c3-1) was adopted to provide safeguards for public investors by setting standards of financial responsibility to be met by brokers and dealers. The basic concept of the rule is liquidity; its object being to require a broker-dealer to have at all times sufficient liquid assets to cover his current indebtedness.”) (footnotes omitted);<E T="03">Net Capital Treatment of Securities Positions, Obligations and Transactions in Suspended Securities,</E>Exchange Act Release No. 10209 (June 8, 1973), 38 FR 16774 (June 26, 1973) (Commission release of a letter from the Division of Market Regulation) (“The purpose of the net capital rule is to require a broker or dealer to have at all times sufficient liquid assets to cover its current indebtedness. The need for liquidity has long been recognized as vital to the public interest and for the protection of investors and is predicated on the belief that accounts are not opened and maintained with broker-dealers in anticipation of relying upon suit, judgment and execution to collect claims but rather on a reasonable demand one can liquidate his cash or securities positions.”);<E T="03">Net Capital Requirements for Brokers and Dealers,</E>Exchange Act Release No. 15426 (Dec. 21, 1978), 44 FR 1754 (Jan. 8, 1979) (“The rule requires brokers or dealers to have sufficient cash or liquid assets to protect the cash or securities positions carried in their customers' accounts. The thrust of the rule is to insure that a broker or dealer has sufficient liquid assets to cover current indebtedness.”);<E T="03">Net Capital Requirements for Brokers and Dealers,</E>Exchange Act Release No. 26402 (Dec. 28, 1989), 54 FR 315 (Jan. 5, 1989) (“The rule's design is that broker-dealers maintain liquid assets in sufficient amounts to enable them to satisfy promptly their liabilities. The rule accomplishes this by requiring broker-dealers to maintain liquid assets in excess of their liabilities to protect against potential market and credit risks.”) (footnote omitted).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>39</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(2)(vi); 17 CFR 240.15c3-1e; 17 CFR 240.15c3-1f.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>40</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(2)(iv).</P>
          </FTNT>
          <P>Rule 15c3-1 requires broker-dealers to maintain a minimum level of net capital (meaning highly liquid capital) at all times.<SU>41</SU>
            <FTREF/>The rule requires that a broker-dealer perform two calculations: (1) A computation of the minimum amount of net capital the broker-dealer must maintain;<SU>42</SU>
            <FTREF/>and (2) a computation of the amount of net capital the broker-dealer is maintaining.<SU>43</SU>
            <FTREF/>The minimum net capital requirement is the greater of a fixed-dollar amount specified in the rule and an amount determined by applying one of two financial ratios: the 15-to-1 aggregate indebtedness to net capital ratio or the 2% of aggregate debit items ratio.<SU>44</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>41</SU>
              <E T="03">See</E>17 CFR 240.15c3-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>42</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>43</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(2). The computation of net capital is based on the definition of<E T="03">net capital</E>in paragraph (c)(2) of Rule 15c3-1.<E T="03">Id.</E>
            </P>
          </FTNT>
          <FTNT>
            <P>
              <SU>44</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a).</P>
          </FTNT>
          <P>In computing net capital, the broker-dealer must, among other things, make certain adjustments to net worth such as deducting illiquid assets and taking other capital charges and adding qualifying subordinated loans.<SU>45</SU>
            <FTREF/>The amount remaining after these deductions is defined as “tentative net capital.”<SU>46</SU>

            <FTREF/>The final step in computing net capital is to take prescribed percentage deductions (“standardized haircuts”) from the mark-to-market value of the proprietary positions (<E T="03">e.g.,</E>securities, money market instruments, and commodities) that are included in its tentative net capital.<SU>47</SU>
            <FTREF/>The standardized haircuts are designed to account for the market risk inherent in these positions and to create a buffer of liquidity to protect against other risks associated with the securities business.<SU>48</SU>
            <FTREF/>ANC broker-dealers and a type of limited purpose broker-dealer that deals solely in OTC derivatives (“OTC derivative dealers”) are permitted, with Commission approval, to calculate net capital using internal models as the basis for taking market risk and credit risk charges in lieu of the standardized haircuts for classes of positions for which they have been approved to use models.<SU>49</SU>
            <FTREF/>Rule 15c3-1 imposes substantially higher minimum capital requirements for ANC broker-dealers and OTC derivatives dealers, as compared to other types of broker-dealers, because, among other reasons, the use of internal models to compute net capital can substantially reduce the deductions for securities and money market positions as compared with the standardized haircuts.<SU>50</SU>

            <FTREF/>Consequently, the higher minimum capital requirements are designed to account for risks that may not be addressed by the internal models. A broker-dealer must ensure that its net capital exceeds<PRTPAGE P="70220"/>its minimum net capital requirement at all times.<SU>51</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>45</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(2)(i)-(xiii).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>46</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(15).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>47</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(2)(vi).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>48</SU>
              <E T="03">See, e.g., Uniform Net Capital Rule,</E>Exchange Act Release No. 13635 (June 16, 1977), 42 FR 31778 (June 23, 1977) (“[Haircuts] are intended to enable net capital computations to reflect the market risk inherent in the positioning of the particular types of securities enumerated in [the rule]”);<E T="03">Net Capital Rule,</E>Exchange Act Release No. 22532 (Oct. 15, 1985), 50 FR 42961 (Oct. 23, 1985) (“These percentage deductions, or `haircuts', take into account elements of market and credit risk that the broker-dealer is exposed to when holding a particular position.”);<E T="03">Net Capital Rule,</E>Exchange Act Release No. 39455 (Dec. 17, 1997), 62 FR 67996 (Dec. 30, 1997) (“Reducing the value of securities owned by broker-dealers for net capital purposes provides a capital cushion against adverse market movements and other risks faced by the firms, including liquidity and operational risks.”) (footnote omitted).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>49</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(5) and (a)(7); 17 CFR 240.15c3-1e; 17 CFR 240.15c3-1f. As part of the application to use internal models, an entity seeking to become an ANC broker-dealer or an OTC derivatives dealer must identify the types of positions it intends to include in its model calculation.<E T="03">See</E>17 CFR 240.15c3-3e(a)(1)(iii); 17 CFR 240.15c3-1f(a)(1)(ii). After approval, an ANC broker-dealer and OTC derivatives dealer must obtain Commission approval to make a material change to the model, including a change to the types of positions included in the model.<E T="03">See</E>17 CFR 240.15c3-1e(a)(8); 17 CFR 240.15c3-f(a)(3).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>50</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(5) and (a)(7).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>51</SU>17 CFR 240.15c3-1(a).</P>
          </FTNT>
          <P>A different capital standard than the net liquid assets test is proposed for nonbank MSBSPs. As discussed in more detail below, proposed Rule 18a-2 would require nonbank MSBSPs to maintain positive tangible net worth.<SU>52</SU>
            <FTREF/>The Commission preliminarily believes that a tangible net worth standard—as opposed to the net liquid assets test—is more workable for nonbank MSBSPs because these entities may engage in a diverse range of business activities different from, and broader than, the securities activities conducted by broker-dealers or SBSDs (and, to the extent they did not, they likely would be required to register as an SBSD and/or broker-dealer).<SU>53</SU>
            <FTREF/>Consequently, requiring nonbank MSBSPs to adhere to a capital standard based on a net liquid assets test could restrict these entities from engaging in commercial activities that are part of their core business models. For example, some of these entities may engage in manufacturing and supply activities that generate large amounts of unsecured receivables and require substantial fixed assets.<SU>54</SU>
            <FTREF/>Accordingly, as discussed below, proposed Rule 18a-2 is not modeled on Rule 15c3-1 because of the expected differences between nonbank SBSDs and broker-dealers, on the one hand, and the entities that may register as nonbank MSBSPs, on the other hand.</P>
          <FTNT>
            <P>
              <SU>52</SU>
              <E T="03">See</E>proposed new Rule 18a-2.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>53</SU>An entity will need to register with the Commission as an MSBSP and, consequently, be subject to proposed new Rule 18a-2 if it falls within the definition of<E T="03">major security-based swap participant</E>in section 3(a)(67) of the Exchange Act (15 U.S.C. 78c(a)(67)) as further defined by the Commission by rule.<E T="03">See Entity Definitions Adopting Release,</E>77 FR 30596.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>54</SU>
              <E T="03">See CFTC Capital Proposing Release,</E>76 FR at 27807 (proposing a tangible net equity test for major swap participants that are not part of bank holding companies noting that although these firms “may have significant amounts of balance sheet equity, it may also be the case that significant portions of their equity is comprised of physical and other noncurrent assets, which would preclude the firms from meeting FCM capital requirements without engaging in significant corporate restructuring and incurring potentially undue costs.”).</P>
          </FTNT>
          <HD SOURCE="HD3">Request for Comment</HD>
          <P>The Commission generally requests comment on the proposals to impose a net liquid assets test capital standard for nonbank SBSDs and a tangible net worth standard for nonbank MSBSPs. In addition, the Commission requests comment, including empirical data in support of comments, in response to the following questions:</P>
          <P>1. Will the entities that register as nonbank SBSDs engage in a securities business with respect to security-based swaps that is similar to the securities business conducted by broker-dealers? If not, describe how the securities activities of nonbank SBSDs will differ from the securities activities of broker-dealers.</P>
          <P>2. Will some broker-dealers register as nonbank SBSDs? If so, which types of broker-dealers and which types of activities do these broker-dealers currently engage in?</P>
          <P>3. Should there be different capital standards for nonbank SBSDs depending on whether they are registered as broker-dealers or affiliated with bank holding companies, or not registered as broker-dealers and not affiliated with bank holding companies? If so, explain why. If not, explain why not. For example, should stand-alone SBSDs be subject to a tangible net worth standard or, if affiliated with a bank holding company, the bank capital standard? Would different standards create competitive advantages? If so, explain why. If different capital standards would be appropriate, explain the appropriate capital standard that should apply to each of these classes of nonbank SBSDs.</P>
          <P>4. Generally, is there a level of capital under which counterparties will not transact with a dealer in OTC derivatives because the counterparty credit risk is too great? If so, identify that level of capital.</P>
          <P>5. Will stand-alone SBSDs seek to effect transactions in securities OTC derivatives products other than security-based swaps, such as OTC options, that would necessitate registration as a broker-dealer? If so, would registering as a limited purpose broker-dealer under the provisions applicable to OTC derivatives dealers provide a workable alternative to registering as a full-service broker-dealer? For example, would there be conflicts between the proposed capital, margin, and segregation requirements for SBSDs and the existing requirements for OTC derivatives dealers? If so, identify the conflicts.</P>
          <P>6. Should the requirements for OTC derivatives dealers be amended (by exemptive relief or otherwise) to accommodate firms that want to deal in security-based swaps? If so, explain how the requirements should be amended and why.</P>
          <P>7. Should the Commission exempt nonbank SBSDs engaged in activities with respect to securities OTC derivatives products other than security-based swaps from any requirements applicable to OTC derivatives dealers? Please identify which requirements and explain why.</P>

          <P>8. As discussed below, the proposed minimum net capital requirements would differ substantially for stand-alone SBSDs that are approved to use models in computing net capital (<E T="03">i.e.,</E>a $20 million fixed-dollar minimum net capital requirement and $100 million tentative net capital requirement) compared to broker-dealer SBSDs approved to use models (<E T="03">i.e.,</E>a $1 billion fixed-dollar minimum net capital requirement and $5 billion tentative net capital requirement). In general, because the definition of “security-based swap dealer” in the Dodd-Frank Act does not include acting as a broker or agent in security-based swaps, entities engaging in brokerage activities with respect to security-based swaps could be required to register as broker-dealers. To the extent these broker-dealer SBSDs wanted to use models to compute net capital, they would be subject to the higher minimum net capital requirements. Accordingly, in order to avoid being subject to higher minimum net capital requirements applicable to broker-dealer SBSDs approved to use models to compute net capital, a stand-alone SBSD may need to limit the activity it could conduct on behalf of customers so that it does not fall within the definition of a “broker” under the Exchange Act and, thereby, need to register as a broker-dealer. Commenters are requested to address this issue, including any potential changes to the proposed capital requirements for stand-alone SBSDs and broker-dealer SBSDs discussed below. For example, should broker-dealer SBSDs approved to use internal models to compute net capital and that register as broker-dealers only in order to conduct brokerage activities with respect to security-based swaps, and that do not conduct a general business in securities with customers, be subject to the minimum net capital requirements applicable to stand-alone SBSDs approved to use internal models? If so, explain why. If not, explain why not. If different capital standards would be appropriate, explain the appropriate capital standard that should apply to this class of broker-dealer SBSDs and whether any limitations should apply, including with respect to the types of broker activities in which the nonbank SBSD may engage in order to qualify for a particular capital treatment. Alternatively, or in addition, should the Commission allow OTC derivatives dealers (which are subject to a $20 million fixed-dollar minimum net capital requirement and $100 million tentative net capital requirement) to be dually registered as nonbank SBSDs and/or amend the rules for OTC derivatives dealers to conduct a broader range of activities than are currently<PRTPAGE P="70221"/>permitted? If the Commission took this action, should it also remove the exemption for OTC derivatives dealers from membership in a self-regulatory organization (“SRO”)?</P>
          <P>9. Describe the types of entities that may need to register as MSBSPs and how the activities that these entities engage in would impact the entity's capital position.</P>
          <P>10. Should nonbank MSBSPs be subject to a net liquid assets test capital standard (in contrast to a tangible net worth test)? If so, explain why. If not, explain why not.</P>
          <HD SOURCE="HD3">2. Proposed Capital Rules for Nonbank SBSDs</HD>
          <P>As discussed in detail below, proposed new Rule 18a-1 would prescribe capital requirements for stand-alone SBSDs and amendments to Rule 15c3-1 would prescribe capital requirements for broker-dealer SBSDs. Proposed new Rule 18a-1 would require a stand-alone SBSD to compute net capital using standardized haircuts prescribed in the rule (including standardized haircuts specifically for security-based swaps and swaps) or, alternatively, with Commission approval, to use internal models for positions for which the stand-alone SBSD has been approved to use internal models. Under the proposed amendments to Rule 15c3-1, a broker-dealer SBSD would be required to use the existing standardized haircuts in the rule plus proposed new additional standardized haircuts specifically for security-based swaps and swaps. A broker-dealer SBSD that seeks to compute net capital using internal models would need to apply to the Commission for approval to operate as an ANC broker-dealer. A nonbank SBSD permitted to use internal models to compute net capital (whether a stand-alone SBSD subject to proposed new Rule 18a-1 or an ANC broker-dealer subject to Rule 15c3-1, as amended) would need to comply with additional requirements as compared to a nonbank SBSD that is not approved to use internal models. This would be consistent with the existing requirements in Rule 15c3-1, which impose additional requirements on ANC broker-dealers and OTC derivatives dealers as compared with other broker-dealers.<SU>55</SU>
            <FTREF/>Finally, the amendments to Rule 15c3-1 would apply to broker-dealers that are not registered as SBSDs to the extent they hold positions in security-based swaps and swaps.</P>
          <FTNT>
            <P>
              <SU>55</SU>
              <E T="03">See, e.g.,</E>17 CFR 240.15c3-1(a)(5) and (a)(7); 17 CFR 240.15c3-1e; 17 CFR 240.15c3-1f; 17 CFR 240.15c3-4.</P>
          </FTNT>
          <HD SOURCE="HD3">a. Computing Required Minimum Net Capital</HD>
          <P>Rule 15c3-1 prescribes the minimum net capital requirement for a broker-dealer as the greater of a fixed-dollar amount specified in the rule and an amount determined by applying one of two financial ratios: the 15-to-1 aggregate indebtedness to net capital ratio or the 2% of aggregate debit items ratio.<SU>56</SU>

            <FTREF/>The proposed capital requirements for nonbank SBSDs would use a similar framework. Under the proposals, there would be different minimum net capital requirements for stand-alone SBSDs that are not approved to use internal models, broker-dealer SBSDs that are not approved to use internal models, stand-alone SBSDs that are approved to use internal models, and broker-dealer SBSDs that are approved to use internal models (<E T="03">i.e.,</E>ANC broker-dealers). The following table provides a summary of the proposed minimum net capital requirements, which are discussed in the following sections.</P>
          <FTNT>
            <P>
              <SU>56</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a).</P>
          </FTNT>
          <GPH DEEP="143" SPAN="3">
            <GID>EP23NO12.000</GID>
          </GPH>
          <HD SOURCE="HD1">i. Stand-alone SBSDs Not Using Internal Models</HD>

          <P>A stand-alone SBSD would be subject to the capital requirements set forth in proposed new Rule 18a-1. Under this proposed new rule, a stand-alone SBSD that is not approved to use internal models to compute haircuts would be required to maintain minimum net capital of not less than the greater of $20 million or 8% of the firm's<E T="03">risk margin amount</E>(“8% margin factor”).<SU>57</SU>
            <FTREF/>The term<E T="03">risk margin amount</E>would be defined as the sum of: (1) The greater of the total margin required to be delivered by the nonbank SBSD with respect to security-based swap transactions cleared for security-based swap customers at a clearing agency or the amount of the deductions that would apply to the cleared security-based swap positions of the security-based swap customers pursuant to paragraph (c)(1)(vi) of Rule 18a-1; and (2) the total<E T="03">margin</E>amount calculated by the stand-alone SBSD with respect to non-cleared security-based swaps pursuant to proposed new Rule 18a-3.<SU>58</SU>
            <FTREF/>Accordingly, to determine its minimum net capital requirement, a stand-alone SBSD would need to calculate the amount equal to the 8% margin factor.<SU>59</SU>
            <FTREF/>The firm's minimum net capital requirement would be the greater of $20 million or the amount equal to the 8% margin factor.<SU>60</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>57</SU>
              <E T="03">See</E>paragraph (a)(1) of proposed new Rule 18a-1. The rationales for these minimum requirements are discussed below.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>58</SU>
              <E T="03">See</E>paragraph (c)(6) of proposed new Rule 18a-1. The components of the<E T="03">risk margin amount</E>are discussed in detail below.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>59</SU>
              <E T="03">See</E>paragraphs (a)(1) and (c)(6) of proposed new Rule 18a-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>60</SU>
              <E T="03">See</E>paragraph (a)(1) of proposed new Rule 18a-1.</P>
          </FTNT>

          <P>The proposed $20 million fixed-dollar minimum requirement would be the same as the fixed-dollar minimum<PRTPAGE P="70222"/>requirement applicable to OTC derivatives dealers and already familiar to existing market participants.<SU>61</SU>
            <FTREF/>OTC derivatives dealers are limited purpose broker-dealers that are authorized to trade in certain derivatives, including security-based swaps, and to use internal models to calculate net capital. They are required to maintain minimum tentative net capital of $100 million and minimum net capital of $20 million.<SU>62</SU>
            <FTREF/>These current fixed-dollar minimums have been the minimum capital standards for OTC derivative dealers for over a decade, and are substantially lower than the fixed-dollar minimums in Rule 15c3-1 currently applicable to ANC broker-dealers, which use internal models to calculate net capital.<SU>63</SU>
            <FTREF/>In addition, available data regarding the current population of broker-dealers suggests that these minimums would not prevent new entrants in the security-based swap market.<SU>64</SU>
            <FTREF/>To date, there have been no indications that these minimums are not adequately meeting the objective of requiring OTC derivatives dealers to maintain sufficient levels of regulatory capital to account for the risks inherent in their activities.</P>
          <FTNT>
            <P>
              <SU>61</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(5). The CFTC proposed a $20 million fixed-dollar minimum net capital requirement for FCMs that are registered as swap dealers, regardless of whether the firm is approved to use internal models to compute regulatory capital.<E T="03">See CFTC Capital Proposing Release,</E>76 FR 27802.</P>

            <P>Further, the CFTC proposed a $20 million fixed-dollar “tangible net equity” minimum requirement for swap dealers and major swap participants that are not FCMs<E T="03">and are not</E>affiliated with a U.S. bank holding company. Finally, the CFTC proposed a $20 million fixed-dollar Tier 1 capital minimum requirement for swap dealers and major swap participants that are not FCMs<E T="03">and are</E>affiliated with a U.S. bank holding company (the term “Tier 1 capital” refers to the regulatory capital requirement for U.S. banking institutions).<E T="03">Id.</E>
            </P>
          </FTNT>
          <FTNT>
            <P>
              <SU>62</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(5). When adopting the capital requirements for OTC derivatives dealers, the Commission stated “[t]he minimum tentative net capital and net capital requirements are necessary to ensure against excessive leverage and risks other than credit or market risk, all of which are now factored into the current haircuts. Further, while the mathematical assumptions underlying VaR may be useful in projecting possible daily trading losses under `normal' market conditions, VaR may not help firms measure losses that fall outside of normal conditions, such as during steep market declines. Accordingly, the minimum capital requirements provide additional safeguards to account for possible extraordinary losses or decreases in liquidity during times of stress which are not incorporated into VaR calculations.”<E T="03">See OTC Derivatives Dealers,</E>63 FR 59362.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>63</SU>Paragraph (a)(7) of Rule 15c3-1 currently requires that ANC broker-dealers at all times maintain tentative net capital of not less than $1 billion and net capital of not less than $500 million. 17 CFR 240.15c3-1(a)(7).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>64</SU>
              <E T="03">See infra</E>section V.B.2.a.i. of this release (economic analysis discussion based on year-end 2011 data showing that approximately 270 broker-dealers maintain net capital of $20 million or more).</P>
          </FTNT>

          <P>At the same time, the proposed $20 million fixed-dollar minimum requirement for stand-alone SBSDs that do not use internal models to calculate net capital would be substantially higher than the fixed-dollar minimums in Rule 15c3-1 currently applicable to broker-dealers that do not use internal models (<E T="03">i.e.,</E>that are not ANC broker-dealers or OTC derivatives dealers).<SU>65</SU>
            <FTREF/>Under the proposals, stand-alone SBSDs that do not use models would not be able to avail themselves of such minimums and would be subject to the same $20 million minimum net capital requirement as OTC derivatives dealers, even though they would not be using models like such derivatives dealers. In other words, the same minimum net capital requirement will apply to stand-alone SBSDs regardless of whether or not they use models.</P>
          <FTNT>
            <P>

              <SU>65</SU>For example, a broker-dealer that carries customer accounts has a fixed-dollar minimum requirement of $250,000; a broker-dealer that does not carry customer accounts but engages in proprietary securities trading (defined as more than ten trades a year) has a fixed-dollar minimum requirement of $100,000; and a broker-dealer that does not carry accounts for customers or otherwise does not receive or hold securities and cash for customers, and does not engage in proprietary trading activities, has a fixed-dollar minimum requirement of $5,000.<E T="03">See</E>17 CFR 240.15c3-1(a)(2).</P>
          </FTNT>
          <P>This level of minimum capital may be appropriate because of the nature of the business of a stand-alone SBSD and the differences from the business of a broker-dealer or OTC derivatives dealer. Generally, OTC derivatives, such as security-based swaps, are contracts between a dealer and its counterparty. Consequently, the counterparty's ability to collect amounts owed to it under the contract depends on the financial wherewithal of the dealer. In contrast, the returns on financial instruments held by a broker-dealer for an investor (other than a derivative issued by the broker-dealer) are not linked to the financial wherewithal of the broker-dealer holding the instrument for the customer. Accordingly, if a stand-alone SBSD fails, the counterparty may not be able to liquidate the contract or replace the contract with a new counterparty without incurring a loss on the position. The entities that will register and operate as nonbank SBSDs should be sufficiently capitalized to minimize the risk that they cannot meet their obligations to counterparties, particularly given that the counterparties will not be limited to other dealers but will include customers and other counterparties as well.</P>
          <P>In addition, stand-alone SBSDs will not be subject to the same limitations that apply to OTC derivative dealers in effecting transactions with customers and engaging in dealing activities.<SU>66</SU>
            <FTREF/>Therefore, the failure of a stand-alone SBSD could have a broader adverse impact on a larger number of market participants, including customers and counterparties.<SU>67</SU>
            <FTREF/>The proposed capital requirements for this group of firms, in part, are meant to account for this potential broader impact on market participants.<SU>68</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>66</SU>
              <E T="03">See</E>17 CFR 240.3b-12; 17 CFR 240.15a-1. Rule 3b-12, defining the term OTC derivatives dealer, provides, among other things, that an OTC derivatives dealer's securities activities must be limited to: (1) Engaging in dealer activities in eligible OTC derivative instruments (as defined in the rule) that are securities; (2) issuing and reacquiring securities that are issued by the dealer, including warrants on securities, hybrid securities, and structured notes; (3) engaging in cash management securities activities (as defined in Rule 3b-14 (17 CFR 240.3b-14)); (4) engaging in ancillary portfolio management securities activities (as defined in the rule); and (5) engaging in such other securities activities that the Commission designates by order.<E T="03">See</E>17 CFR 240.3b-12. Rule 15a-1, governing the securities activities of OTC derivatives dealers, provides that an OTC derivatives dealer must effect transactions in OTC derivatives with most types of counterparties through an affiliated Commission-registered broker-dealer that is not an OTC derivatives dealer.<E T="03">See</E>17 CFR 240.15a-1.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>67</SU>The proposal is consistent with the CFTC's proposed capital requirements for nonbank swap dealers, which impose $20 million fixed-dollar minimum requirements regardless of whether the firm is approved to use internal models to compute regulatory capital.<E T="03">See CFTC Capital Proposing Release,</E>76 FR 27802.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>68</SU>As discussed above, stand-alone SBSDs would be subject to a minimum ratio amount based on the 8% margin factor. OTC derivatives dealers are not subject to a minimum ratio amount.</P>
          </FTNT>
          <P>Consequently, stand-alone SBSDs that do not use internal models would be subject to the same $20 million fixed-dollar minimum net capital requirement that applies to OTC derivatives dealers. The same firms would not, however, be subject to a minimum tentative net capital requirement, which is applied to firms that use internal models to account for risks that may not be fully captured by the models.<SU>69</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>

              <SU>69</SU>OTC derivatives dealers are subject to a $100 million minimum tentative net capital requirement. ANC broker-dealers are currently subject to a $1 billion minimum tentative net capital requirement. The minimum tentative net capital requirements are designed to address risks that may not be captured when using internal models rather than standardized haircuts to compute net capital.<E T="03">See OTC Derivatives Dealers,</E>63 FR at 59384;<E T="03">Alternative Net Capital Requirements for Broker-Dealers That Are Part of Consolidated Supervised Entities; Proposed Rule,</E>Exchange Act Release No. 48690 (Oct. 24, 2003), 68 FR 62872, 62875 (Nov. 6, 2003) (“We expect that net capital charges will be reduced for broker-dealers that use the proposed alternative net capital computation. The present haircut structure is designed so that firms will have a sufficient capital base to account for, in addition to market and credit risk, other types of risk, such<PRTPAGE/>as operational risk, leverage risk, and liquidity risk. Raising the minimum tentative net capital requirement to $1 billion and net capital requirement to $500 million is one way to ensure that firms that use the alternative capital computation maintain sufficient capital reserves to account for these other risks. In addition, based on our experience, firms must have this scale of operations in order to have developed internal risk management control systems necessary to support reliable VaR computations.”).</P>
          </FTNT>
          <PRTPAGE P="70223"/>
          <P>The proposed 8% margin factor would be part of determining the stand-alone SBSD's minimum net capital requirement. As noted above, the stand-alone SBSD would determine this amount by adding:</P>
          <P>• The greater of the total margin required to be delivered by the stand-alone SBSD with respect to security-based swap transactions cleared for security-based swap customers at a clearing agency or the amount of the deductions that would apply to the cleared security-based swap positions of the security-based swap customers pursuant to paragraph (c)(1)(vi) of Rule 18a-1;<SU>70</SU>
            <FTREF/>and</P>
          <FTNT>
            <P>
              <SU>70</SU>
              <E T="03">See</E>paragraph (c)(6) of proposed new Rule 18a-1. As discussed below in section II.B. of this release, nonbank SBSDs will be subject to margin requirements imposed by clearing agencies pursuant to which nonbank SBSDs will be required to collect collateral from customers relating to the customers' cleared security-based swap transactions. The amount of collateral required to be collected as a result of customers' cleared security-based swap transactions would be used to determine the first component of the<E T="03">risk margin amount.</E>This amount would be added to the second component of the risk margin amount relating to non-cleared security-based swaps and that amount would be multiplied by 8% to determine the 8% margin factor. However, if the margin requirements of the clearing agencies require the stand-alone SBSD to collect total collateral in an amount that is less than the deductions the firm would apply to the customers' cleared security-based swap positions under proposed new Rule 18a-1, the stand-alone SBSD would need to add the amount of the deductions to the second component of the risk margin amount relating to non-cleared security-based swaps and multiply that amount by 8% to determine the 8% margin factor.</P>
          </FTNT>
          <P>• The total<E T="03">margin</E>amount calculated by the stand-alone SBSD with respect to non-cleared security-based swaps pursuant to paragraph (c)(1)(i)(B) of proposed new Rule 18a-3.<SU>71</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>71</SU>
              <E T="03">See</E>paragraph (c)(6) of proposed new Rule 18a-1. As discussed below in section II.B. of this release, proposed new Rule 18a-3 would establish margin requirements for nonbank SBSDs with respect to non-cleared security-based swaps.<E T="03">See</E>proposed new Rule 18a-3. The proposed rule would define the term<E T="03">margin</E>to mean the amount of<E T="03">positive equity</E>in an account of a counterparty.<E T="03">See</E>paragraph (b)(5) of proposed new Rule 18a-3. Under the proposed rule, a nonbank SBSD would be required to calculate daily a<E T="03">margin</E>amount for the account of each counterparty to a non-cleared security-based swap.<E T="03">See</E>paragraph (c)(1)(i)(B) of proposed new Rule 18a-3. These calculations of counterparty<E T="03">margin</E>amounts for the purposes of proposed new Rule 18a-3 would be used to determine the component of the<E T="03">risk margin amount</E>relating to non-cleared security-based swaps. This amount would be added to the first component relating to cleared security-based swaps, and the total amount would be multiplied by 8% to determine the 8% margin factor.</P>
          </FTNT>
          <P>The total of these two amounts—<E T="03">i.e.,</E>the risk margin amount—would be multiplied by 8% to determine the amount of the 8% margin factor, which, if greater than the $20 million fixed-dollar amount, would be the stand-alone SBSD's minimum net capital requirement.<SU>72</SU>
            <FTREF/>This proposed 8% margin factor ratio requirement is similar to an existing requirement in the CFTC's net capital rule for FCMs.<SU>73</SU>
            <FTREF/>Further, the CFTC has proposed a similar requirement for swap dealers and major swap participants registered as FCMs.<SU>74</SU>
            <FTREF/>Under the CFTC's proposal, an FCM would be required to maintain adjusted net capital that is equal to or greater than 8% of the risk margin required for customer and non-customer exchange-traded futures and swaps positions that are cleared by a derivatives clearing organization (“DCO”).<SU>75</SU>
            <FTREF/>The CFTC's proposed 8% of margin, or risk-based capital rule, “is intended to require FCMs to maintain a minimum level of capital that is associated with the level of risk associated with the customer positions that the FCM carries.”<SU>76</SU>
            <FTREF/>Based on Commission staff experience with dually-registered broker-dealer/FCMs, the Commission preliminarily believes that the 8% margin factor would serve as a reasonable measure to ensure that a firm's minimum capital requirement increases or decreases in tandem with the level of risk arising from customer futures transactions. Consequently, the 8% margin factor is being proposed to provide a similar adjustable minimum net capital requirement for nonbank SBSDs with respect to their security-based swap activity.<SU>77</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>72</SU>
              <E T="03">See</E>paragraphs (a)(1) and (c)(6) of proposed new Rule 18a-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>73</SU>
              <E T="03">See</E>17 CFR 1.17(a)(1)(i)(B).<E T="03">See also Minimum Financial and Related Reporting Requirements for Futures Commission Merchants and Introducing Brokers,</E>69 FR 49784 (Aug. 12, 2004). The CFTC proposed the 8% risk margin requirement to establish a margin-based capital computation identical to the margin-based minimum net capital computation that several futures self-regulatory organizations, including one derivatives clearing organization, adopted for their respective member-FCMs.<E T="03">Id.</E>at note 16.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>74</SU>
              <E T="03">See CFTC Capital Proposing Release,</E>76 FR 27802. The 8% risk margin calculation under the CFTC's proposal relates to cleared swaps or futures transactions, whereas the 8% margin factor proposed in new Rule 18a-1 would be based on cleared and non-cleared security-based swaps. As discussed below, the proposed minimum net capital requirement is based on a nonbank SBSD's cleared and non-cleared security-based swap activity in order to account for the risks of both types of positions.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>75</SU>
              <E T="03">See CFTC Capital Proposing Release,</E>76 FR 27802.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>76</SU>
              <E T="03">Id.</E>at 27807.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>77</SU>As discussed below in section II.A.2.b.iv. of this release, an 8% multiplier is used for purposes of calculating credit risk charges under Appendix E to Rule 15c3-1. While this is a different calculation than the proposed 8% margin factor, using an 8% multiplier for purposes of computing regulatory capital requirements is an international standard.<E T="03">See Alternative Net Capital Requirements Adopting Release,</E>69 FR 34428, note 42 (describing the 8% multiplier in Appendix E to Rule 15c3-1 as being “consistent with the calculation of credit risk in the OTC derivatives dealers rules and with the Basel Standard” and as being “designed to dampen leverage to help ensure that the firm maintains a safe level of capital.”).</P>
          </FTNT>
          <P>Under the proposed rule, nonbank SBSDs—including stand-alone SBSDs that are not approved to use internal models to calculate net capital—would be subject to a minimum net capital requirement that increases in tandem with an increase in the risks associated with nonbank SBSD's security-based swap activities.<SU>78</SU>

            <FTREF/>Without the 8% margin factor, the minimum net capital requirement for a nonbank SBSD would be the same (<E T="03">i.e.,</E>$20 million) regardless of the volume, size, and risk of its outstanding security-based swap transactions.</P>
          <FTNT>
            <P>
              <SU>78</SU>As discussed below in sections II.A.2.a.ii., II.A.2.a.iii., and II.A.2.a.iv. of this release, the 8% margin factor would be used to compute the minimum net capital requirement for all nonbank SBSDs.</P>
          </FTNT>

          <P>The amount computed under the 8% margin factor generally would increase as the stand-alone SBSD increased the volume, size, and risk of its security-based swap transactions. Specifically, the proposed definition of the term<E T="03">risk margin amount</E>is designed to link the stand-alone SBSD's minimum net capital requirement to its cleared and non-cleared security-based swap activity. For example, the definition in proposed new Rule 18a-1 provides that, for cleared security-based swaps, the amount is the greater of the margin required to be collected or the amount of the deductions that would apply pursuant to proposed new Rule 18a-1 (<E T="03">i.e.,</E>the amount of the deductions using standardized haircuts).<SU>79</SU>

            <FTREF/>The margin requirement for cleared security-based swap positions generally should increase with the volume, size, and risk of the positions as would the amount of the standardized haircuts applicable to the positions. Further, the “greater of” provision is designed to ensure that the 8% margin factor requirement is based on, at a minimum, the standardized haircuts as these provide a uniform approach for all cleared security-based<PRTPAGE P="70224"/>swaps, whereas margin requirements for cleared security-based swaps will vary over time and across different clearing agencies.</P>
          <FTNT>
            <P>
              <SU>79</SU>For a stand-alone SBSD approved to use internal models and an ANC broker-dealer, it would be the amount of the deductions determined using a VaR model, except for types of positions for which the firm has not been approved to use a VaR model.</P>
          </FTNT>

          <P>As proposed, the 8% margin factor is determined using the greater of required margin or standardized haircuts with respect to cleared security-based swaps<E T="03">plus</E>the margin amount for non-cleared security-based swaps calculated under proposed new Rule 18a-3.<SU>80</SU>
            <FTREF/>Thus, the 8% margin factor would be based on a stand-alone SBSD's activity in both cleared and non-cleared security-based swaps. As noted above, the goal of the provision is to require the stand-alone SBSD to increase its net capital in tandem with an increase in the risk of its security-based swap transactions. The proposal does not limit the computation to only cleared security-based swaps, as proposed by the CFTC, because such a limitation would allow the stand-alone SBSD to increase the amount of its non-cleared security-based swaps positions without a corresponding increase in net capital. This could create greater risk to the stand-alone SBSD's customers because—as discussed above—their ability to collect amounts owing on security-based swaps depends on the ability of the stand-alone SBSD to meets its obligations.</P>
          <FTNT>
            <P>

              <SU>80</SU>Proposed new Rule 18a-3 would require a nonbank SBSD to calculate daily a margin amount for the account of each counterparty to a non-cleared security-based swap.<E T="03">See</E>paragraph (c)(1)(i)(B) of proposed new Rule 18a-3. As discussed below in section II.B. of this release, a nonbank SBSD would be required to perform this calculation even though proposed new Rule 18a-3 would not require the nonbank SBSD to collect collateral from all counterparties to collateralize the margin amount. For example, the Commission is proposing that collateral need not be collected from<E T="03">commercial end users.</E>Nonetheless, the calculation of the<E T="03">margin</E>amount for purposes of proposed new Rule 18a-3 would determine the non-cleared security-based swap component of the<E T="03">risk margin amount</E>regardless of whether the nonbank SBSD would be required to collect collateral from the counterparty to collateralize the margin amount. In other words, the amount of the<E T="03">risk margin amount</E>would be based on the calculation required by proposed new Rule 18a-3 for all counterparties to non-cleared security-based swaps and not on whether the stand-alone SBSD would be required to collect collateral from a counterparty to collateralize the<E T="03">margin</E>amount. As discussed in section II.B. of this release, this is designed to ensure that the<E T="03">risk margin amount</E>is based on all non-cleared security-based swap activity of the stand-alone SBSD and not just on security-based swap activity that would require the firm to collect collateral.</P>
          </FTNT>
          <HD SOURCE="HD3">Request for Comment</HD>
          <P>The Commission generally requests comment on the proposed minimum net capital requirements in proposed new Rule 18a-1 for stand-alone SBSDs that are not approved to use internal models to compute net capital. In addition, the Commission requests comment, including empirical data in support of comments, in response to the following questions:</P>

          <P>1. Is the proposed $20 million minimum net capital requirement for stand-alone SBSDs not using internal models appropriate? If not, explain why not. What minimum amount would be more appropriate? For example, should the minimum fixed-dollar amount be greater than $20 million to account for the broader range of activities that stand-alone SBSDs will be able to engage in as compared with OTC derivatives dealers? If so, explain why. If it should be a greater amount, how much greater should it be (<E T="03">e.g.,</E>$30 million, $50 million, $100 million, or some other amount)? Alternatively, should the minimum fixed-dollar amount be less than $20 million because these firms will not be using internal models to compute net capital? If so, explain why. If it should be a lower amount, how much lower (<E T="03">e.g.,</E>$15 million, $10 million, $5 million, or some other amount)? If a greater or lesser alternative amount is recommended, explain why it would be more appropriate for broker-dealer SBSDs that are not approved to use internal models.</P>
          <P>2. Is the proposed definition of<E T="03">risk margin amount</E>appropriate? If not, explain why and suggest modifications to the definition. For example, are there modifications that could make the definition more accurately reflect the nonbank SBSD's risk exposure from dealing in security-based swaps? If so, describe the modifications and explain why they would achieve this result.</P>
          <P>3. Is the component of the<E T="03">risk margin amount</E>definition addressing margin delivered for cleared swaps appropriate? If not, explain why not. Would the definition be more appropriate if this component was dropped so that the first prong of the definition only incorporated the haircuts for cleared security-based swaps?</P>
          <P>4. Should the proposed definition of<E T="03">risk margin amount</E>only address cleared security-based swaps, consistent with the CFTC's proposal? If so, explain why, including how the risk of non-cleared security-based swap activities could be addressed through other measures.</P>
          <P>5. Is the component of the<E T="03">risk margin amount</E>definition addressing margin collected for non-cleared security-based swaps appropriate? If not, explain why not.</P>

          <P>6. Is the 8% margin factor an appropriate metric for determining a nonbank SBSD's minimum net capital requirement in terms of increasing a nonbank SBSD's minimum net capital requirement as the risk of its security-based swap activities increases? If not, explain why not. For example, should the percentage be greater than 8% (<E T="03">e.g.,</E>10%, 12%, or some other percentage)? If so, identify the percentage and explain why it would be preferable. Should the percentage be less than 8% (<E T="03">e.g.,</E>6%, 4%, or some other percentage)? If so, identify the percentage and explain why it would be preferable.</P>
          <P>7. Should the 8% multiplier be tiered as the amount of the risk margin amount increases? If so, explain why. For example, should the multiplier decrease from 8% to 6% for the amount of the risk margin amount that exceeds a certain threshold, such as $1 billion or $5 billion? If so, explain why. Should the amount of the multiplier increase from 8% to 10% for the amount of the risk margin amount that exceeds a certain threshold such as $1 billion or $5 billion? If so, explain why.</P>
          <P>8. Should the 8% margin factor be an adjustable ratio (<E T="03">e.g.,</E>increase to 10% or decrease to 6%)? For example, should the multiplier adjust periodically if certain conditions occur? If so, explain the conditions under which the 8% multiplier would adjust upward or downward and why having an adjustable ratio would be appropriate.</P>
          <P>9. Would the 8% margin factor be a sufficient minimum net capital requirement without the $20 million fixed-dollar minimum? If so, explain why.</P>
          <P>10. Are there metrics other than a fixed-dollar minimum and the 8% margin factor for calculating required minimum capital that would more appropriately reflect the risk of nonbank SBSDs? If so, identify them and explain why they would be preferable. For example, instead of an absolute fixed-dollar minimum, should the minimum net capital requirement be linked to a scalable metric such as the size of the nonbank SBSD or the amount of the deductions taken by the nonbank SBSD when computing net capital? For any scalable minimum net capital requirements identified, explain how the computation would work in practice and how the minimum requirement would address the same objectives of a fixed-dollar minimum.</P>

          <P>11. Would the 8% margin factor address the risk of extremely large nonbank SBSDs? If not, explain why not. For example, if the customer margin requirements for cleared and non-cleared security-based swaps carried by the nonbank SBSD were low because the positions were hedged or otherwise not high risk, the 8% margin<PRTPAGE P="70225"/>factor may not increase in tandem with the level of the nonbank SBSD's security-based swap activity. In this case, would the 8% margin factor adequately address the risk of the nonbank SBSD, particularly if it carried substantial security-based swap positions? If not, explain why not. Would the 8% margin factor be necessary for small nonbank SBSDs? If not, explain why not.</P>
          <P>12. Would the 8% margin factor provide an appropriate and workable restraint on the amount of leverage incurred by stand-alone SBSDs not using internal models because the amount of minimum net capital would increase as the risk margin amount increases? If not, explain why not. Is there another measure that would more accurately and effectively address the leverage risk of these firms? If so, identify the measure and explain why it would be more accurate and effective.</P>
          <P>13. Should the 8% margin factor be applied to margin related to cleared and non-cleared swap transactions in addition to security-based swap transactions? For example, the provision could require that 8% of the margin required for cleared and non-cleared swaps be added to the 8% of margin required for cleared and non-cleared security-based swaps in determining the minimum net capital requirement. Would this be a workable approach to address the fact that the CFTC's proposed 8% margin requirement would not apply to swap dealers that are not registered as FCMs and, with respect to dually-registered FCM swap dealers, it would apply only to cleared swaps? Including swaps in the 8% margin factor calculation would provide for equal treatment of security-based swaps and swaps in determining a minimum net capital requirement. Would this be a workable approach? If so, explain why. If not, explain why not.</P>
          <P>14. Would the 8% margin factor be practical as applied to a portfolio margin account that contains security-based swaps and swaps? If so, explain why. If not, explain why not.</P>
          <P>15. What will be the practical impacts of the 8% margin factor? For example, what will be the effect on transaction costs, liquidity in security-based swaps, availability of capital to support security-based swap transactions generally and/or for non-security-based swap-related uses, use of security-based swaps for hedging purposes, risk management at SBSDs, the costs for potential new SBSDs to participate in the security-based swap markets, etc.? How would these impacts increase or decrease if the 8% margin factor were set at a higher or lower percentage?</P>
          <HD SOURCE="HD3">ii. Broker-Dealer SBSDs Not Using Internal Models</HD>
          <P>A broker-dealer that registers as an SBSD would continue to be subject to the capital requirements in Rule 15c3-1, as proposed to be amended to account for security-based swap activities. Proposed amendments to paragraph (a) of Rule 15c3-1 would establish minimum net capital requirements for a broker-dealer SBSD that is not approved to use internal models to compute net capital.<SU>81</SU>
            <FTREF/>Under these proposed amendments, the broker-dealer SBSD would be subject to the same $20 million fixed-dollar minimum net capital requirement as a stand-alone SBSD that does not use internal models.<SU>82</SU>
            <FTREF/>As discussed above in section II.A.2.a.i. of this release, the proposed $20 million fixed-dollar minimum would be consistent with the current fixed-dollar minimum that applies to OTC derivatives dealers, which has been used as a minimum capital standard for OTC derivative dealers for over a decade.</P>
          <FTNT>
            <P>
              <SU>81</SU>
              <E T="03">See</E>proposed new paragraph (a)(10) of Rule 15c3-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>82</SU>
              <E T="03">Id.</E>
            </P>
          </FTNT>

          <P>In addition, a broker-dealer SBSD that does not use internal models would be required to use the 8% margin factor to compute its minimum net capital amount. As discussed above in section II.A.2.a.i. of this release, the 8% margin factor is designed to adjust the broker-dealer SBSD's minimum net capital requirement in tandem with the risk associated with the broker-dealer SBSD's security-based swap activity. Without the 8% margin factor, the minimum net capital requirement for a broker-dealer SBSD would be the same (<E T="03">i.e.,</E>$20 million) regardless of the number, size, and risk of its outstanding security-based swap transactions. Consequently, the proposed rule would include the 8% margin factor in order to increase the broker-dealer SBSD's net capital requirement as the risk of its security-based swap activities increases.</P>
          <P>Moreover, the broker-dealer SBSD—as a broker-dealer—would be subject to the existing financial ratio requirements in Rule 15c3-1 and, therefore, would need to include the applicable financial ratio amount when determining the firm's minimum net capital requirement.<SU>83</SU>

            <FTREF/>A broker-dealer's minimum net capital requirement is the greater of the applicable fixed-dollar amount and one of two alternative financial ratios. The first financial ratio requirement provides that a broker-dealer must not permit its aggregate indebtedness to all other persons to exceed 1500% of its net capital (<E T="03">i.e.,</E>a 15-to-1 aggregate indebtedness to net capital requirement).<SU>84</SU>
            <FTREF/>This is the default financial ratio requirement that all broker-dealers must apply unless they affirmatively elect to be subject to the second financial ratio requirement by notifying their designated examining authority of the election.<SU>85</SU>

            <FTREF/>The second financial ratio requirement provides that a broker-dealer must not permit its net capital to be less than 2% of aggregate debit items (<E T="03">i.e.,</E>customer-related obligations to the broker-dealer).<SU>86</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>83</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(1); proposed new paragraph (a)(10)(i) of Rule 15c3-1. Currently, all broker-dealers, including the ANC broker-dealers, are subject either to the aggregate indebtedness standard or the aggregate debit items (alternative standard) financial ratio requirements.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>84</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(1)(i). Stated another way, the broker-dealer must maintain, at a minimum, an amount of net capital equal to 1/15th (or 6.67%) of its aggregate indebtedness. This financial ratio generally is used by smaller broker-dealers that do not hold customer securities and cash.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>85</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(1)(i)-(ii).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>86</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(1)(ii). Customer debit items—computed pursuant to Rule 15c3-3—consist of, among other things, margin loans to customers and securities borrowed by the broker-dealer to effectuate deliveries of securities sold short by customers.<E T="03">See</E>17 CFR 240.15c3-3; 17 CFR 240.15c3-3a. This ratio generally is used by larger broker-dealers that hold customer securities and cash.</P>
          </FTNT>

          <P>The proposed amendments to Rule 15c3-1 would provide that a broker-dealer SBSD that is not approved to use internal models would be required to maintain a minimum net capital level of not less than the greater of: (1) $20 million or (2) the financial ratio amount required pursuant to paragraph (a)(1) of Rule 15c3-1<E T="03">plus</E>the 8% margin factor.<SU>87</SU>
            <FTREF/>Thus, the proposed minimum net capital requirement for a broker-dealer SBSD would incorporate the requirement in Rule 15c3-1 that a broker-dealer maintain the greater of a fixed-dollar amount or one of the two financial ratio amounts, as applicable.<SU>88</SU>
            <FTREF/>The financial ratio requirements in Rule 15c3-1 are designed to link the broker-dealer's minimum net capital requirement to the level of its securities activities. For example, the aggregate debit ratio requirement is designed for broker-dealers that carry customer securities and cash.<SU>89</SU>

            <FTREF/>This provision increases the minimum net capital requirement for these broker-dealers as they increase their debit items by engaging in margin lending and facilitating of customer short-sale<PRTPAGE P="70226"/>transactions.<SU>90</SU>

            <FTREF/>The proposal to combine the Rule 15c3-1 financial ratios with the 8% margin factor in a broker-dealer SBSD's computation of its minimum net capital requirement is designed to require the broker-dealer SBSD to maintain a capital cushion to support its traditional securities activities (<E T="03">e.g.,</E>margin lending) and its security-based swap activities.</P>
          <FTNT>
            <P>
              <SU>87</SU>
              <E T="03">See</E>proposed new paragraph (a)(10)(i) of Rule 15c3-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>88</SU>
              <E T="03">Id.</E>
            </P>
          </FTNT>
          <FTNT>
            <P>
              <SU>89</SU>
              <E T="03">See Net Capital Requirements for Brokers and Dealers,</E>Exchange Act Release No. 17208 (Oct. 9, 1980), 45 FR 69915 (Oct. 22, 1980).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>90</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(a)(1)(ii); 17 CFR 240.15c3-3a.</P>
          </FTNT>
          <HD SOURCE="HD3">Request for Comment</HD>
          <P>The Commission generally requests comment on the proposed minimum net capital requirements for broker-dealer SBSDs that are not approved to use internal models. Commenters are referred to the general questions above in section II.A.2.a.i. of this release about the 8% margin factor as applied broadly to nonbank SBSDs. In addition, the Commission requests comment, including empirical data in support of comments, in response to the following questions:</P>

          <P>1. Is the proposed $20 million minimum net capital requirement appropriate for broker-dealer SBSDs that are not approved to use internal models? If not, explain why not. What minimum amount would be more appropriate? For example, should the minimum fixed-dollar amount be greater than $20 million to account for the broader range of activities that broker-dealer SBSDs will be able to engage in (<E T="03">e.g.,</E>traditional securities activities such as margin lending), as compared with stand-alone SBSDs and OTC derivatives dealers? If it should be a greater amount, how much greater should it be (<E T="03">e.g.,</E>$30 million, $50 million, $100 million, or some other amount)? Alternatively, should the minimum fixed-dollar amount be less than $20 million because these firms will not be using internal models to compute net capital? If it should be a lower amount, how much lower (<E T="03">e.g.,</E>$15 million, $10 million, $5 million or some other amount)? If a greater or lesser alternative amount is recommended, explain why it would be preferable for broker-dealer SBSDs that are not approved to use internal models.</P>
          <P>2. Is combining the 8% margin factor requirement with the applicable Rule 15c3-1 financial ratio requirement an appropriate way to determine a minimum net capital requirement for broker-dealer SBSDs that are not approved to use internal models? If not, explain why not.</P>
          <P>3. Would the 8% margin factor combined with the Rule 15c3-1 financial ratio provide an appropriate and workable restraint on the amount of leverage incurred by broker-dealer SBSDs not using internal models? If not, explain why not. Is there another measure that would more accurately and effectively address the leverage risk of these firms? If so, identify the measure and explain why it would be more accurate and effective.</P>
          <HD SOURCE="HD3">iii. Stand-Alone SBSDs Using Internal Models</HD>
          <P>As discussed above, a stand-alone SBSD would be subject to the capital requirements in proposed new Rule 18a-1.<SU>91</SU>
            <FTREF/>Rule 18a-1 would permit stand-alone SBSDs to apply to use internal models to compute net capital.<SU>92</SU>
            <FTREF/>In terms of minimum capital requirements, a stand-alone SBSD that has been approved to use internal models would be required to maintain: (1) a minimum tentative net capital level of not less than $100 million; and (2) a minimum net capital level of not less than the greater of $20 million or the 8% margin factor.<SU>93</SU>

            <FTREF/>The proposed minimum net capital requirement for stand-alone SBSDs using internal models (<E T="03">i.e.,</E>the greater of $20 million or the 8% margin factor) is the same as the proposed minimum net capital requirement for stand-alone SBSDs and broker-dealer SBSDs not using internal models (though the latter would need to incorporate the Rule 15c3-1 financial ratio requirement into their minimum net capital computations).</P>
          <FTNT>
            <P>
              <SU>91</SU>
              <E T="03">See</E>proposed new Rule 18a-1.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>92</SU>
              <E T="03">See</E>paragraphs (a)(2) and (d) of proposed new Rule 18a-1; the discussion below in section II.A.2.b.iii. of this release.</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>93</SU>
              <E T="03">See</E>paragraph (a)(2) of proposed Rule 18a-1. As discussed above in section II.A.2.a.i. of this release, the 8% margin factor is designed to adjust the stand-alone SBSD's minimum net capital requirement in tandem with the risk associated with the broker-dealer firm's security-based swap activity.</P>
          </FTNT>
          <P>A stand-alone SBSD approved to use internal models also would be subject to a minimum tentative net capital requirement of $100 million.<SU>94</SU>
            <FTREF/>This proposed minimum tentative net capital requirement would be consistent with the current minimum tentative net capital requirement applicable to OTC derivatives dealers.<SU>95</SU>
            <FTREF/>A minimum tentative net capital requirement is designed to operate as a prudential control on the use of internal models for regulatory capital purposes.<SU>96</SU>
            <FTREF/>Tentative net capital is the amount of net capital maintained by a broker-dealer before applying the standardized haircuts or using internal models to determine deductions on the mark-to-market value of proprietary positions to arrive at the broker-dealer's amount of net capital.<SU>97</SU>

            <FTREF/>OTC derivatives dealers, therefore, compute tentative net capital before using internal VaR models to take the market risk deductions. The minimum tentative net capital requirement is designed to account for the fact that VaR models, while more risk sensitive than standardized haircuts, tend to substantially reduce the amount of the deductions to tentative net capital in comparison to the standardized haircuts because the models recognize more offsets between related positions (<E T="03">i.e.,</E>positions that show historical correlations) than the standardized haircuts.<SU>98</SU>
            <FTREF/>In addition, VaR models may<PRTPAGE P="70227"/>not capture all risks and, therefore, having a minimum tentative net capital requirement (<E T="03">i.e.,</E>one that is not derived using the VaR model) is designed to require that capital be sufficient to withstand events that the model may not take into account (<E T="03">e.g.,</E>extraordinary losses or decreases in liquidity during times of stress that are not incorporated into VaR calculations).<SU>99</SU>
            <FTREF/>Consequently, the proposed $100 million minimum tentative net capital requirement is designed to provide a sufficient liquid capital cushion for stand-alone SBSDs that use models, just as it has done in practice for entities registered as OTC derivatives dealers.<SU>100</SU>
            <FTREF/>
          </P>
          <FTNT>
            <P>
              <SU>94</SU>
              <E T="03">See</E>paragraph (a)(2) of proposed new Rule 18a-1.</P>
          </FTNT>
          <FTNT>
            <P>

              <SU>95</SU>Both ANC broker-dealers and OTC derivatives dealers—entities that use internal models—are subject to a minimum tentative net capital requirement.<E T="03">See</E>17 CFR 240.15c3-1(a)(5) and (a)(7).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>96</SU>
              <E T="03">OTC Derivatives Dealers,</E>63 FR at 59384 (“The final rule contains the minimum requirements of $100 million in tentative net capital and $20 million in net capital. The minimum tentative net capital and net capital requirements are necessary to ensure against excessive leverage and risks other than credit or market risk, all of which are now factored into the current haircuts. Further, while the mathematical assumptions underlying VaR may be useful in projecting possible daily trading losses under `normal' market conditions, VaR may not help firms measure losses that fall outside of normal conditions, such as during steep market declines. Accordingly, the minimum capital requirements provide additional safeguards to account for possible extraordinary losses or decreases in liquidity during times of stress which are not incorporated into VaR calculations.”).<E T="03">See also Alternative Net Capital Requirements Adopting Release,</E>69 FR at 34431 (“The current haircut structure [use of the standardized haircuts] seeks to ensure that broker-dealers maintain a sufficient capital base to account for operational, leverage, and liquidity risk, in addition to market and credit risk. We expect that use of the alternative net capital computation [internal models] will reduce deductions for market and credit risk substantially for broker-dealers that use that method. Moreover, inclusion in net capital of unsecured receivables and securities that do not have a ready market under the current net capital rule will reduce the liquidity standards of Rule 15c3-1. Thus, the alternative method of computing net capital and, in particular, its requirements that broker-dealers using the alternative method of computing [<E T="03">sic</E>] maintain minimum tentative net capital of at least $1 billion, maintain net capital of at least $500 million, notify the Commission that same day if their tentative net capital falls below $5 billion, and comply with Rule 15c3-4 are intended to provide broker-dealers with sufficient capital reserves to account for market, credit, operational, and other risks.”) (Text in brackets added).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>97</SU>
              <E T="03">See</E>17 CFR 240.15c3-1(c)(10).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>98</SU>
              <E T="03">See OTC Derivatives Dealers,</E>63 FR 53962.<E T="03">See Net Capital Rule,</E>Exchange Act Release No. 39456 (Dec. 17, 1997), 62 FR 68011 (Dec. 30, 1997) (concept release considering the extent to which statistical models should be used in setting the capital requirements for a broker-dealer's proprietary positions) (“For example, the current method of calculating net capital by deducting fixed percentages from the market value of securities can allow only limited types of hedges without becoming unreasonably complicated. Accordingly, the net capital rule recognizes only certain specified hedging activities, and the Rule does not account<PRTPAGE/>for historical correlations between foreign securities and U.S. securities or between equity securities and debt securities. By failing to recognize offsets from these correlations between and within asset classes, the fixed percentage haircut method may cause firms with large, diverse portfolios to reserve capital that actually overcompensates for market risk.”<E T="03">Id.</E>“The primary advantage of incorporating models into the net capital rule is that a firm would be able to recognize, to a greater extent, the correlations and hedges in its securities portfolio and have a comparatively smaller capital charge for market risk.”).</P>
          </FTNT>
          <FTNT>
            <P>
              <SU>99</SU>
              <E T="03">See OTC Derivatives Dealers,</E>63 FR 59362;<E T="03">Alternative Net Capital Requirements Adopting Release,</E>69 FR 34428. Further, the deductions to tentative net capital taken by nonbank SBSDs and broker-dealers are intended to create a pool of new liquid assets that can be used for any risk assumed by the firm and not only market risk. A tentative net capital requirement also serves as a capital buffer for these other risks to offset the narrower type of risk intended to be covered by calculating n